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05252011 Agenda
4. ROLL CALL Brief Announcements HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 25, 2011 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 3. PLEDGE OF ALLEGIANCE Led by Council Member Gillmor 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. 11.020 A. Certificate of Appreciation to Former Chairman Larry Paul for Planning and Zoning Commission Service 11.075 B. Certificate of Appreciation to Adrina Davis for Budget Review Advisory Board Service 11.081 C. Letter of Commendation from Park Place Community Watch Program Re: Police Department Citizens Academy 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. A. Approval of Minutes May 11, 2011 Regular Meeting 11.076 B. Approve Interlace! Agreement Between Indian River County Supervisor of Elections and City of Sebastian for Administration of City Elections (City Clerk Transmittal, Proposed Agreement) 11.066 C. Approve Use of Council Chambers and MIS Services for Candidate Forums SPOA 10/13/11 and Chamber of Commerce 10/19/11 Both 7 pm to 9 pm (City Clerk Transmittal) 1 of 189 11.044 D. Award Construction Services Agreement to Santa Cruz Construction, Inc., in the Amount of $256,335 and Approve the Appropriation of $9,195 of Discretionary Sales Tax to Fund Shortage for Landscaping on CR512 (Administrative Services Transmittal, Bid Proposal, Letter, Bid Tab, Bid Addendum 1, Revised Pricing, FOOT Concurrence Letter, Agreement) 11.049 E. Award Bid to Advanced Recreational Concepts in the Amount of $26,600 for Installation of Pavilion in Riverview Park (Parks Transmittal, Bid Tab, Letter, References, Drawing) 11.077 F. Prior Travel Authorization for Council Members to 2011 FLC Annual Conference Orlando, Florida, August 11 -13, 2011 (City Clerk Transmittal) 11.078 G. Approve Closing of Indian River Drive from Harrison Street North to Jackson Street on November 12, 2011 from 6:45 a.m. to 9:30 a.m. for the Sebastian River Middle School International Baccalaureate Program 5K Run Fundraiser (Parks Transmittal, Application, Letter) 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 None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS 11.042 A. Resolution No. R -11 -13 Adopting the 2 Quarter Amendment to the FY20/11 Budget (Administrative Services Transmittal, R- 11 -13, Comparison, Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11.054 B. First Reading of Ordinance No. 0 -11 -05 Amending LDC Re: Political Signs Set Public Hearing for 6/22/11 (City Attorney Transmittal, 0- 11 -05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENLARGING THE TIME DURING WHICH POLITICAL SIGNS MAY BE POSTED, AMENDING SUB SECTION 54- 3- 16.5(e) {4)d. OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 11.079 C. First Reading Ordinance No. 0 -11 -06 Repealing Code Chapter 2 Article VI. Boards, Commissions, and Committee Section 2 -168 List of Volunteers and Set Public Hearing for 6/22/11 (City Clerk Transmittal, 0- 11 -06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 2; ARTICLE VI, BY REPEALING SECTION 2 -168 WHICH PROVIDES FOR TWO ANNUAL ADVERTISEMENTS IN A NEWSPAPER LISTING ALL CITY BOARDS AND COMMITTEES AND QUALIFICATIONS THEREOF; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 2 of 189 11.041 D. Approve Allocation of $63,000 from Recreational Impact Fee Zones A, B, and D for New Sidewalk and Lighting at Easy Street Park (Public Works Transmittal, Cost estimate, Spread sheet) 11.080 E. City Advertising Discussion Requested by Council Member Gillmor (No Backup) 13. CITY ATTORNEY MATTERS 14, CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Hill B. Vice Mayor Wriq ht C. Council Member Coy 11.075 i. Announce Replacement for Budget Review Advisory Committee D. Council Member Gillmor E. Council Member Wolff 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 I5 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL 1S 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. Upcoming meetings- June 8, 2011 6:30 pm June 22, 2011— 6:30 pm July 13, 2011 6:30 pm July 27, 2011 6 :30 pm August 10, 2011 6:30 pm August 22, 2011 5:30 pm Budget Workshop August 24, 2011 6 :30 pm September 14, 2011— 6:30 pm September 19, 2011— 5 :30 pm 1 Budget Public Hearing September 28, 2011— 6:30 pm 3 of 189 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business NI 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 ,i Charter Officer Matters Ni 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 agenda 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 the 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 repeat provisions below. 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 to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE 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 be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 189 May 16, 2011 Officer Steve Marcinik City Of Sebastian Police Department 1225 Main Street Sebastian Florida 32958 Dear Officer Marcinik: Job well done!!! park IJlace Block Captain Community Watch Program 1984 E. Lakeview Drive, Sebastian, Florida, 32958 I think the Sebastian Citizen Police Academy was a huge success and an incredible insight into how your Police Department works on a daily basis! 11. You undoubtedly spent countless hours setting up the program and then making sure all the speakers /presenters would be on time as scheduled. But based on what I saw, it didn't stop there. Each presenter gave us a very detailed understanding of their area complete with very interesting items they use to perform their duties. From documenting crash reports to the complexities of the call center, court house operations and school programs for kids. The `why we do it this way' to being creative with funding to save us taxpayers money, you covered it all. One of the most unusual tools explained was the `battering ram' and a description of its use. So simple, but very effective when aimed properly. But that was just the basics of the tools, tips and tricks the classes covered. The out of classroom side trips we took were also interesting and a close look at what you deal with every day that we as citizens take for granted. There were so many good informative classes that to single one out as the best would be unfair. Plus, I couldn't imagine anything you overlooked or could add. Our Park Place Neighborhood Watch program will also benefit from the added experience that we gained because in addition to me, there were two Block Captains; Kathy Roberts and Mike Muller, who attended. Thanks for helping us. I know we picked up many tips on how to help our community. Great job. Our city is very lucky to have you and to the co operation of Chief Morris, Mayor Hill and the City Council to make the Police Academy possible. Hopefully you will offer it again next year and I'll work on getting other residents to attend. Sincerely el Roth Block Captain Leader cc: Mayor James Hill f Police Chief Michelle Morris Ted Pankiewicz, Manager, Park Place Community Steve Giovinelli, President, Park Place Homeowners Assn 5 of 189 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 11, 2011 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1 Mayor Hill called the regular meeting to order at 6:30 p.m. 2. Rev. Tim Woodard from the United Church of Sebastian gave the invocation. 3. Council Member Coy ledge the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Hill said that staff requested that item 6E be carried forward to a later agenda and there were no objections. 6 of 189 Regular City Council Meeting May 11,2011 Page Two DRAFT 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. 11.067 A, Proclamation National Emergency Medical Services Week May 16 -20'h 5 Accepted by Sebastian River Medical Center Mayor Hill read the proclamation and presented it to a representative of Sebastian River Medical Center. 11.068 B. Proclamation National Safe Boating Week May 21St -27 th Accepted by 7 Flotilla 56 Coast Guard Auxiliary Commander Bill Boluk and Vice Commander Frans Eyberse Commander Boluk cited the importance of safe boating. Mayor Hill read the proclamation and presented it to him. 11.069 C. Proclamation National Neurofibromatosis Awareness Month of May (No Recipient) 9 At the request of Florida League of Mayors President William Brooks, Mayor Hill read the proclamation to promote awareness of this disorder. 11.073 D. Proclamation National Peace Officers Week May 15th 21" .Mayor Hill read the proclamation and presented it to Chief Morris. 11.020 E. 4 Certificate of Appreciation to Former Chairman Larry Paul for Planning and Zoning Cgmmission Service This item is to be carried forward the May 25 meeting. 11.048 F. Certificate of Completion to Council Member Gillmor for Advanced Institute for Elected Municipal Officials Mayor Hill read the certificate and presented it to Council Member Gillmor. 11.058 G. Barber /Schumann Intersection Improvement Presentation (City Manager 11 14 Transmittal, Cure Plan, Intersection Schematic) The City Manager said this is a joint project with Indian River County (IRC) and the next phase was to receive feedback and hold public workshops. Brian Good, P.E., Kimley -Horn, and Associates, Inc. introduced Indian River County Public Works Director Chris Mora, County Engineer Chris Kafer, County Roadway Production Manager Mike Nixon, County Project Engineer Arjuna Weragoda, and Kimley -Horn Engineer Jagan Katuri. 7 of 189 Regular City Council Meeting May 11, 2011 Page Three DRAFT Mr. Good displayed a PowerPoint presentation depicting two possible designs of the intersection noting he is recommending alignment design number two because it addresses long range planning and safety objectives for the corridor, least amount of private property encroachment, maximizes the utilization of City owned property, results in least amount of environment impacts, and requires the least amount of capital investment to achieve the goal of improvement. Mr. Gillmor asked why the proposed road will bow down. Mr. Good explained the bowing allows the geometry necessary to achieve the speed posting of 45 mph. Mr, Wright asked if there would be less encroachment if the speed was 30 mph. Mr. Good said it could be reduced but the current geometry would not provide for a speed of 3D mph and meet any standard. Mayor Hill asked if the City owned the property east of Schumann, south of Barber, providing for less of a financial impact. Mr. Good said many parcels are owned by the City which were not included in the acquisition numbers. Mayor Hill asked about the homes on the west of 66 south of Barber Mr. Good said the area is being evaluated for storm water retention or a service road to minimize driveway connections. Mr. Good said the properties would not have to be acquired. Mayor Hill asked if the proximity to the school would be a problem. The City Manager said the northeast and southwest corners are the most problematic. He said the school is receptive and feels they will have increased safety for kids, but the problem is the baseball field will need to be shifted and they don't want to lose faculty parking but they might be able to squeeze in the corridor and not affect the parking. He said the City's expenses will be appraising the road, and as long as the appraised value for the improvement exceeds the value, the School Board will donate the land leaving the City to rebuild the field. He said the other problem is the preschool, which is accustomed to using the right -of -way for parking, and as we expand the roadway we will be taking a significant amount of their queuing so the City has looked at a cure plan to fill the ditches, and rework the driveway around the school to get better egress /ingress and make the intersection safer. He said the County and staff would like to have some public workshops and adopt the study at the second meeting in June, formalizing the finance, acquire the parcels and start construction in the winter/spring of 2013. In response to Mr. Wright, the City Manager said the roadway from Barber Street to behind the preschool would be the City's expense. Mr. Wright asked why everybody wouldn't just go through there. The City Manager said functionally it is designed to be a driveway /parking lot, the interior road will swing out on 66 and that increase might not be a short cut, it also becomes a queuing issue for the school; and hopefully the intersection will be the preferable alternative. 8 of 189 Regular City Council Meeting May 11, 2011 Page Four The City Manager said the DST fund would finance the project. Ms. Coy said this will be the City's largest intersection and is in a residential area, said there will be more traffic but wasn't sure it had to be absorbed at this intersection. Mayor Hill said there is a lot of traffic at 7:00 a.m. and there is a definite need to make improvements. Mr. Wolff said the origination of this was the cure for the intersection, and asked if this was the only scale for the cure that can be considered. Mr. Good replied to have it operate by City standards -yes, 2005 -2007 volumes were indicating triple northbound left turns and at that time the County was considering Powerline so it is felt this will meet concurrency for years to come. Mr. Wolff said the acquisition costs are high. Mr. Good explained that is why they took a longer view, because later on, additional right -of -way cost would be even greater. Ms. Coy asked who crunched the acquisition numbers. Mr. Good said Kimley -Horn received numbers from County zoning and property improvements on 66 and projected the cost. The City Manager added that as we put together the comp plan road network, we are not blessed, and our roads serve as primary roads and residential roads. Mr. Wright asked about the Schumann right hand lane where it looks like a north arrow but the next lane has a left hand tilt. Mr. Good said the arrow up is the single through northbound lane, the left is southbound with gored out areas to make the lane alignments work. Mr. Wolff said this needed to go back to the constituents to get a pulse of the community. Mayor Hill said this will have public workshops. Mr. Gillmor asked if the two left turn lanes from 66 onto Barber will squeeze down to one lane. Mr. Good said that is correct. Mr. Gillmor said he would like to see modeling of how much efficiency that will provide. Mr. Wright said it was similar to the turn off A1A as you come toward the Wabasso Bridge. Mr. Good said he could show additional information, adding another similar location is 4 Street and US1. DR AFT Brief Announcements Ms. Coy personally thanked Mr. Mora and Mr. Polackovich for their decision to deny the Concrete Plant. She reminded everyone to be cautious with open fires. She also said she encountered two Ormond Beach men who claimed to be marines with a donation table in front of Walmart and by the time she went in to voice her opposition to the Walmart manager and came back, they were gone. She implored people not to throw away money on questionable organizations as there are plenty of legitimate, local veterans' organizations that need help locally. 9 of 189 Regular City Council Meeting May 11, 2011 Page Five Mr. Wolff reminded everyone of the Community Paper Shredding day to be held May 21 from 10 a.m. to 1 p.m. in the City Hall parking lot. Mayor Hill announced his brother -in -law, Robert and sister -in -law, Sheila welcomed new baby Emerson Jane Calistri into the world about an hour ago. 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. 15-14 A. Approve April 27, 2011 Regular Meeting Minutes 11.070 B. Approve Annual Contract to Aramark Uniforms for Public Works Uniforms 29 -31 (Public Works Transmittal, Bid Sheet) MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items A and B. Result of the roll call AYES: all NAYS: none Passed 5 -0 DRAFT 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 None 10. UNFINISHED BUSINESS None. 11. PUBLIC INPUT Bruce Zingman said he was proud to be from Sebastian as the Sebastian Property Owners, the Natural Resources Board, and the Friends of Sebastian River cleaned up the shoreline and river this past weekend. He thank KIRB for the use of the trash grabbers, gloves, and bags. He also announced the Post Office's Stamp Out Hunger Drive will be this weekend and urged everyone to put out some food or help sort the food on Saturday from 9:30 -10 a.m. at the Main Street Post Office. 10 of 189 Regular City Council Meeting May 11,2011 Page Six 12. NEW BUSINESS DRAFT 11.074 A. Approve Amendment Page Two of City Broadcast Policy Political Forums 33 -37 Adopted by R -05 -09 (City Attorney Transmittal, R- 05 -09, Page 2) The City Attorney cited the sentence highlighted on circle page 37 and asked for feedback on his revision. MOTION by Mayor Hill and SECOND by Mr. Wright motion to approve the revision. There was no public input. Ms. Coy asked if the word non partisan should be added one more time to empathize the City election is non- partisan. The City Attorney responded that once is sufficient as it hangs as a single paragraph. The motion carried with a voice vote of 5 -0. 11.038 B. Authorize the Transfer of $129,399 from the Middle Stonecrop Project 39 -46 Stormwater Fund) to the Potomac Project; Approve Change Order #1 to Sheltra Son in the Amount of $11,450.; Authorize Transfer $105,399 from the Potomac Project (DST Funds' to the DST Reserve Account (City Manager Transmittal, Invoices) The City Manager said as the Potomac project got underway, they have found some significant relocates that have to be done and he cited the three actions outlined on circle page 40. MOTION by Mr. Gillmor and SECOND by Ms. Coy to move staff recommendation. There was no public input. Mr. Wright asked why they didn't know the pipe was there. The City Manager explained they saved on engineering by not doing a preliminary dig, they did budget low as possible and it was a matter of saving up front or behind. Mr. Wolff asked how close the pipes are. The City Manager said he didn't know the answer. Mr. Wolff cited the maintenance of traffic charge noted for each pipe and asked if that was double billing. The City Manager said he didn't see it as double billing, the traffic costs are above and beyond what they need to do with the stormwater. Result of the roll call: AYES: All NAYS: None Passed 5 -0. 11 of 189 Regular City Council Meeting May 11, 2011 Page Seven 11.071 C. Approve Construction Services Agreement with Total Golf Construction in the 47 -63 Amount of $159,280 and Authorize the Allocation of Additional $48,660 from Recreational Zone Impact Fees, Zone D for Barber Street Sports Complex Field Expansion (City Manager Transmittal, Contract, Proposal, List, Schematic) The City Manager said the field needs to move north and west with lightpole relocation and he asked for approval with the allocation of funds from Zone D. In response to Mr. Wright, the City Manager said it is a community wide park and funds from any zone can be used, but Zone D has a plethora of funds. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve. There was no public input. Mayor Hill noted general liability and workers' compensation insurance was not indicated on the bid tab sheet. Mr. Wright said he also noticed that and found out it was an error in the preparation of the exhibit. Result of the roll call: AYES: All NAYS: None Passed 5 -0. DRAFT 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS 11.072 A. Report on Status of Old Fire House on US 1 (no backup) The City Manager said the County has discovered they cannot sell the facility without going to auction and 1RC Emergency Services Director John King said he would work on trimming back the shrubs, and the fix half open door. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wolff none. B. Mayor Hill none. C. Vice Mayor Wright none. D. Council Member Coy none. 12 of 189 Regular City Council Meeting May 11, 2011 Page Eight E. Council Member Gillmor Mr. Gillmor said during his last trip to Tallahassee, he went to their Senior Center which held an art center, numerous rooms for card games, French lessons, ball room, lunch room with salad bar; and it was all staffed by volunteers and maintained by the City. He said he asked Senior Resource Alliance Director Karen Deigl if she would be able to run a center in the old KIRB building behind the School House. Jim Hill, Mayor ATTEST: 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:00 p.m. Approved at the May 25, 2011 Regular City Council meeting. Sally A. Maio, MMC City Clerk DRAFT He said she ran some figures and determined they would need $13,000 a year to staff it. He asked that each Council Member receive a copy of Ms. Deigl's figures. (see attached) He said there is a desperate need for a senior center and a community center in Sebastian. Ms. Coy said she hoped to have some information on that exact thought for them the next time they met and suggested it be listed on an agenda to get Council thoughts. 13 of 189 Subject: Interlocal Agreement Supervisor of Elections and Sebastian Establishing Responsibilities and Expenses for Conducting Elections App ove• for Submittal by: City of Municipal Agenda No: I f 0 City Clerk: J City Attorney: Date Submitted: For Agenda 5/19/11 of: 5/25/11 A 1 r e City Manager Exhibits: Proposed Interlocal Agreement SOE and City Expenditure Required: Amount Budgeted: Appropriation Required: mra SI TAI HOME OF aLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 SUMMARY STATEMENT On March 7, 2011, the City Attorney and I attended a meeting hosted by newly seated Supervisor of Elections Leslie Swan, her entire staff and Attorney Brian Connelly, and all City Clerks and some of the City Attorneys from Indian River County municipalities. The SOE provided a draft interlocal agreement to define responsibilities and expenses for conducting municipal elections. During that meeting, there were suggestions made which were included in the final draft. Attorney Warren Dill had a concern about the hold harmless covenant, which, since that time, has been amended in the final proposed agreement attached hereto to everyone's satisfaction. The City Attorney has reviewed the agreement and agrees to its provisions. There has never been a written agreement for all the years that the SOE has conducted municipal election in accordance with FS, which has resulted in confusion over costs and responsibilities from year to year. I think a written agreement to alleviate any uncertainty is a terrific idea. The costs charged for at least the last three City elections, .50 per registered voter in even years, and $2.00 per registered in odd years when the County had no elections, will stay the same for FY 2011. Our cost will be $2 per voter this November. Keep in mind these rates will apply to any special elections required by the City Charter, which include at this time, filling of vacancies when more than six months remains in a term and for tie votes. 14 of 189 In the hopes that no Special elections will be needed I will be budgeting $32,000 based on 15,500 registered voters and miscellaneous advertising expenses. Since there is a possibility of Charter amendments for this ballot as well, we hope to work within the confines of the size limits for single ballot cards for our referendum questions so we don't have to add additional ballot cards at an additional cost of .35 per voter, which would add approximately $5,400 to our cost. Please keep in mind when reviewing the agreement, Sebastian does not and never did conduct early voting. The County conducts early voting as required by Florida law for their elections in even years, and uses our historical building for early voting when there is a County, State or Federal, but as a courtesy to the cities, the SOE has and will continue to conduct early voting for our City election at her main office. Below is the new language for early voting in legislative format provided by Leslie Swan. Early Voting shall begin on the 10 day a -day before an election that contains state or federal races and end on the 3rd day 2 before the election, shall be provided for no less that 6 hours 8 house and no more than 12 hours per day at each site during the applicable period. The SOE may provide early voting for elections that are not held in conjunction with a state or federal election. However, the supervisor has the discretion to determine the hours of operation of early voting sites in those elections. In accordance with our City Charter, the City Canvassing Board (City Clerk, City Attorney, and appointed City Manager) will conduct canvassing for 2011. RECOMMENDED ACTION At Council's discretion: Approve the Interlocal Agreement between the Supervisor of Elections for Indian River County and the City of Sebastian setting out responsibilities and costs for conducting the 2011 municipal election. 15 of 189 Election (hereinafter "Election MUNICIPAL ELECTION AGREEMENT THiS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter "SOE whose mailing address is Vero Beach, Florida. ,and the CITY OF (hereinafter "Municipality whose mailing address is Florida, to conduct the City's Municipal RECITALS: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code which applies to municipalities where expressly so stated; and WHEREAS, Sec. 100.3605, Florida Statutes, states that "the Florida Election Code, chapters 97 -106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter. or ordinance provision and WHEREAS. the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during the municipal elections: and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality its constituents and the SOE, it is agreed as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOF and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run -Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated herein below. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of (Name of Municipality's) General Municipal Election is November 8, 2011 This agreement covers the General. Run -Off, Special and Recount elections as necessary as well as the Post Election Audit for the year 2011 Either party to the Agreement may elect to withdraw from the Agreement upon written notice providing at least four (4) months notice. 3. ELECTION FEES FOR MUNICIPAL ELECTIONS: Municipal Elections that are held in conjunction with county or state elections $4.50 per registered voter limited to regularly scheduled city town council races. Print area allowed for amendments and !or referendums is limited to 2 '.4" wide by 5" length of print area. There will be an additional fee for amendments and/or referendums which exceed print area allowed. 1 16 of 189 Municipal Elections that are not held in conjunction with county or state elections S2.00 per registered voter (based on 1 card ballot). Additional ballot card 50.35 per registered voter. In the event of a Run -Off: Special or Recount election. the above fees shall apply in addition to the General Municipal Election fees. 4, RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according to statutes, charter, ordinance or resolution, at its own expense. (b) Request that the Supervisor of Elections conduct the municipality's election. (c) The municipality's Canvassing Board will be responsible for canvassing the election, when the election is not held in conjunction with county or state elections. (2) SOE (d) Provide SOF with any municipal boundary changes as soon as possible, but no later than 90 days prior to the municipal election. (e) The qualifying officer, at the time of qualifying, may give written notice of the time and location of the public Logic Accuracy test to each candidate qualifying with the municipality and obtain a signed receipt that the notice has been given according to Sec. 10L5612(2). Florida Statures. (a) Publish legal notices for Logic Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing on the SOE website and in a newspaper of general circulation in the county as required by Florida Statutes. (b) At least 15 days prior to the commencement of early voting as provided in Sec. 101.657, Florida Statutes. send written notice by certified mail to the county party chair of each political party. stating the time and location of the public Logic Accuracy test of the automatic tabulating equipment. B. Qualifying Candidates (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. 2 17 of 189 (2) SOE C. Ballots (f) Verify signatures on any qualifying petitions submitted by candidates. (a) Receive from municipality candidate names and ballot order no later than noon on the 57` day prior to the election. (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SUE within 24 hours after receipt of the proposed ballot from SOE. (2) SUE (a) Layout, check. proof and deliver ballot layout to the printer. (h) Black printing only on ballots, color ballots incur an additional charge to the Municipality. (c) Receive, securely store and account for all ballots until disbursed to polling places. (d) Record audio for Touch Screen ballot. (e) Control all access to unvoted ballots while in the possession of the SOE. (f) SOE will print one sample ballot advertisement. inclusive of all municipalities, in a newspaper of general circulation in the county or mail a sample ballot to each household of a registered voter. (g) SOE will post precinct specific ballots on the SOE ■vebsite. D. Equipment Testing (1) Municipality (a) Canvassing Board to be present during the Logic and Accuracy testing as noticed by SOE. For the test, the Canvassing Board may designate one member to represent it per Sec. 101.55612(2), Florida Statures. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic Accuracy test. (b) Conduct public Logic Accuracy test. 3 18 of 189 E. Early Voting Optional The SOE is not required to conduct early voting for Municipal Elections that are not held in conjunction with state and federal elections. Municipality (Any municipality opting For early voting, must allow any eligible voter to participate in early voting at their designated site(s). (a) Reimburse the SOE for staff overtime hours due to weekend and /or evening hours for Early Voting. (b) Pay SOE tear Early Voting supplies. (c) Reimburse SOE for poll worker pay to staff Early Voting site(s). (d) Reimburse SOE for transportation personnel to deliver voted ballots to SOE office daily and deliver supplies in morning if necessary. (e) Designate Early Voting sites sixty (60) days prior to each Election and notify SOF in writing of locations. The Municipality may designate as many sites as necessary and shall conduct its activities in accordance with the provision of paragraphs Sec. 101.657(a) (c), Florida Statutes. (f) Reimburse the SOL for the shared cost of Early Voting advertising. (g) Provide analog phone line for exclusive use during voting/operational hours and pay the monthly service charge during the month the election occurs. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide poll workers to staff Early Voting site(s). (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at the SOL office. (e) It is at the SOF: discretion to offer Early Voting at the SOE office at no charge to the municipality. (f) if the SOE opts to provide early voting, the SOE will provide voting history for each voter who voted during Early Voting. F. Absentee Voting (1) Municipality (a) Refer all requests for absentee ballots to SOL (2) SOE (a) Determine eligibility and compile Absentee Ballot file. (h) Accept all requests for Absentee Ballots by telephone. mail. online or in person. 4 19 of 189 (c) Prepare and mail Absentee Ballots. Per Florida Statute 101.62(4)(a) no later than 45 days before each election. the SOE shall send an absentee ballot as provided in subparagraph (b)(2) to each absent uniformed services voter and to each overseas voter who has requested an absentee ballot. (d) Deliver Absentee Ballots to the Post Office. (c) Receive voted Absentee Ballots. (t) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots. (i) Notify voter of the disposition of their rejected Absentee Ballot due to signature variation after determination by the Canvassing Board. as required by law. (j) Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places (1) Municipality (2) SOE (a) Arrange for use of pollinu places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify voters, as required by law. if their regular polling place is to be temporarily relocated. (d) Notify voters and the Municipality of permanent polling place change(s). (e) Provide polling place supplies. i.e. signs. etc. H. Precinct Supplies (1) Municipality (2) SOE (a) Provide precinct supplies. (b) Provide Precinct Registers for each polling place location. (c) Contract moving company to have voting equipment delivered and picked up from polling place. 5 20 of 189 (d) Prepare equipment. cabinets and routing of voting equipment delivery. (e) Provide poll worker Clerks with cell phones. 1. Poll Workers (1) Municipality (2) SUE (a) Contact, contract with. and pay poll workers. (b) Schedule and notify poll workers of training classes. (c) rain poll workers. (d) Provide printed training material for poll workers. K. Poll Watchers (1) Municipality (2) SOE Designations for poll watchers must be submitted to the SOE office by noon of the second Tuesday prior to the election. [f designations are submitted. the poll watchers must be approved by the SOE on or before the Tuesday prior to the election. Designations for early voting areas shall be submitted in writing to the supervisor of elections at least 14 days before early voting begins. The poll watchers for early voting areas shall be approved by the supervisor or elections no later than 7 days before early voting begins per Sec. 101.131(2). Florida Statutes. L. Election Day Support (1) Municipality (2) SOE (a) Find poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone hank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation /Counting of Election Results (1) Municipality (a) Canvassing Board present. 6 21 of 189 (2) SOE (a) Deliver all voted ballots and other necessary election related items to SOE office after the polling places have closed on Election Day. (b) Deliver all voting machines cartridges to SOE office after the polling places have closed on Election Day. (c) Provide technical staff and required equipment to administer tabulation and election results. (d) Post election results on SOE website and provide the same to local municipal television (if available). M. Post Election Day (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results. N. Audit (e) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. (d) Sort, inventory. pack and store all election materials for retention and disposition. (e) Notify voter of the disposition of their rejected Absentee Ballot due to signature variation or rejected Provisional Ballots after the determination by the Canvassing Board, as required by law. (f) Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who voted on Election Day. (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit with the support and guidance from the SOF. (b) Provide staff to assist with manual audit. (c) Reimburse SOE for any staff overtime or other related expenses as may result from conducting the manual audit, (d) Each municipality must perform a Post Election Manual Audit per Florida Statute 101.591 and Rule IS- 5.026. 7 22 of 189 (2) SOE U. Recount (1) (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(s) that shall he audited. (h) Organize and prepare ballots for manual audit. (c) Provide SOF. staff to conduct manual audit. (d) Ascertain and puhlically post manual audit result to SOF website. Municipality (Applies only when the election is not held in conjunction with county or state elections.) (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount. with support and guidance from the SOF,. (b) Notify the candidates of the time and date of the Recount. (c) Post public notice(s) of the Recount with the time and location. (d) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (e) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule 15- 2.031. Recount Procedures; and Rule 15- 2.027. Standards for Determining Voter Choice on a Ballot. (f) Reimburse the SOF for all staff salarieslovertime and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s) of the Recount with the time and location at the SOF. office. (b) Test tabulating equipment as required by Sec. 101.56 12, Florida Statutes (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. P. Cancellation of Election (1) Municipality if a scheduled election is cancelled prior to Election Day, the municipality is responsible for any SOF costs stipulated in this Agreement. through the date the SOE is notified in writing of the election cancellation. 8 23 of 189 (2) SOE 5. HOLD HARMLESS COVENANT: Each party shall indemnify and hold the other harmless from all claims brought during the term of this Agreement by third parties, including reasonable attorneys' fees. court costs and expenses, which may arise out of or be attributed to the negligence of the indemnitor's employees in the performance of any of the covenants, agreements, terms, or conditions to be performed or complied with under this Agreement. Neither party's liability to the other shall include punitive damages or interest for the period before judgment. Nothing contained herein shall be construed as a waiver of any immunity from. or limitation of. liability either party has under the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. Additionally. neither party shall be liable pursuant to this indemnity to pay a claim or a judgment by any one person or any claim or judgment, or portions there of, which when totaled with all other claims or judgments paid arising out of the same incident or occurrence, which exceeds the limits of liability as set forth in Section 768.28(5) Florida Statutes. provided, that the payment of said claim(s) shall he further limited to the actual amount of insurance proceeds paid for such claim(s) covered by this indemnification. This indemnity specifically excludes any requirement for one party to indemnify the other party for the other party's negligence or to assume any liability for the other party's negligence as provided in Section 768.28 (19) Florida Statutes. 6. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 7. NOTICES: For mail notices affecting the provisions of this Agreement may he delivered in person or he sent by certified mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instruction to contract another individual. For the SOE: Supervisor of Elections 4375 43 Avenue Vero Beach, Florida 32967 Attention: Leslie Swan 8. SEVERABILITY: For the Municipality: Name City of Sebastian Street Address 1225 Main Street Municipality, FLSebastian, FL 32958 Attention: Manager Sally Maio, City C 9 lerk if any clause. section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 24 of 189 9. EFFECTIVE DATE: The Effective Date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and MUNICIPALITY as shown on the signature page hereto. 10. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representation other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties. and their duly authorized representatives. IN WITNESS WHEREOF. we. the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this Agreement on the dates set forth below, WITNESSES: SUPERVISOR OF ELECTIONS INDIAN RIVER COUNTY (Affix Municipal Seal) Date: 10 As to the SOF.: Leslie R. Swan. Supervisor of Elections Date: As to the MUNICIPALITY: ATTEST: INSERT NAME OF MUNICIPALITY Municipal Clerk Mayor Municipal Attorney Date: 25 of 189 cm of SE TIAN HOME Of PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Candidate Forums Sebastian Property Owners Association and Sebastian River Area Chamber of Commerce Ap Al d for Submittal by: r, City Manager Agenda No: 11.06 City Clerk: City Attorney: a&la.ZS--- Date Submitted: 5/12/11 For Agenda of: 5/25/11 Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT For the past ten years the City has allowed the Sebastian Property Owners Association and the Sebastian River Area Chamber of Commerce to conduct Candidate Forums in our Council Chambers and broadcast the forums with the services of the City MIS /Audio- Visual staff for the benefit of the public. The Sebastian Property Owners Association has requested October 13, 2011 from 7pm to 9pm, and the Sebastian River Area Chamber of Commerce has requested October 19, 2011 from 7 pm to 9 pm. In accordance with the City Broadcast Policy adopted by R -05 -09 on 3/2/05 and revised on 5111111, use of the Chambers for candidate forums is a function of City Council. RECOMMENDED ACTION At Council's discretion: Approve the services of the MIS Department and Comcast Channel 25 to broadcast the Sebastian Property Owners' Association Forum on 10/13/11 and Sebastian River Area Chamber of Commerce Candidate October 13, both from 7pm to 9pm. 26 of 189 �r� 5E N HOME Of t 3C1 I HUM CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Construction Services Agreement for Landscaping Improvements on CR512. d for Submittal by: City Manager City Manager Exhibits: 1. Santa Cruz Construction, Inc. Bid Proposal 2. City Letter to Florida Department of Transportation, dated May 5, 2011, requesting notice to proceed with landscape improvements. 3. Bid Tabulation Results, dated March 16, 2011 4. Addendum 1 to the Project Specifications, dated April 25, 2011 5. Revised Quantity Pricing from Santa Cruz Construction, dated May 5, 2011 6. Florida Department of Transportation Bid Concurrence, dated May 16, 2011 7. Landscaping Improvements on CR512, Construction Services Agreement EXPENDITURE REQUIRED: $256,335 AMOUNT BUDGETED: $247,140 Agenda No. /I, 4 Department Orgin: Administrative Services AiljLi City Clerk: City Attorney: Date Submitted: May 18, 2011 For Agenda of: May 25, 2011 APPROPRIATION FUNDING SOURCE: REQUIRED: $9,195 Discretionary Sales Tax 1 FDOT Grant HISTORY April 28, 2010 City Council Approval of Resolution R -10 -13 Accepting and Executing the Florida Department of Transportation (FDOT) Local Agency Program (LAP). J June 22, 2010 FDOT grant award in the amount of $176,200. June 28, 2010 Notice to Proceed for Construction. December 7, 2010 FDOT approval to proceed with bid process. February 14, 2011 Advertisement 1 Invitation to Bid. March 1, 2011 Mandatory Pre -Bid Meeting. March 16, 2011 Bid Opening Received (2) Proposals The original proposals came in at $349,813 and $440,103 respectively which were substantially higher than the budget amount of $247,140. Staff was prepared to recommend to City Council, that we complete 2 of 3 medians, and complete the 3 at a future time. when funds would be available. March 23, 2011 Council approval of Maintenance Agreement for Landscape Improvements to the Intersections of Roseland Road, Barber Street and Fleming Street. Additionally, City Council was provided a project update. April 1. 2011 Indian River County (IRC) did not issue required right -of -way permit, due to a small county outreach grant IRC received for milling in the intersections of Fleming and Barber. In summary, the original grant documents the City had included constructing crosswalks and installing signalization in these intersections. However. due to the grant award we had to remove these items from the scope of project allowing us complete landscaping of all (3) intersections. V April 20, 2011 IRC approved right -of -way permit. 27 of 189 April 25, 2011 Addendum 41 to Procurement Packet with required changes resulting from IRC permit sent to low bidder Santa Cruz Construction for revised pricing. May 5, 2011 Sent entire bid package to FDOT for approval. May 16, 2011 Received concurrence from FDOT with the selection of Santa Cruz Construction, Inc with a total base bid amount of $256,335.59. May 17, 2011 Sent final construction agreement to FDOT for approval. The construction agreement was initially approved by FDOT on December 7, 2010, and there have been no subsequent changes to the agreement. We anticipate approval. SUMMARY On May 16, 2011, this project received final approval from FDOT to proceed with the landscape improvements on CR512 to the intersections of Roseland Road, Barber Street and Fleming Street. We are in receipt of the right -of -way permit from Indian River County. We have tentatively scheduled a pre construction meeting for June 1, 2011, pending City Council approval. References have been checked for Santa Cruz Construction, Inc. (SCCI) and have been favorable. Additionally SCCI is a certified contractor of FDOT, and has experience completing LAP projects, and the complex compliance requirements of these grants. We are confident that SCCI will do an outstanding job in completing this long overdue project. RECOMMENDED ACTION Move to award construction services contract to Santa Cruz Construction, Inc, in the amount of $256,335.00 and approve the use of $9,195 of discretionary sales tax to fund shortage. 28 of 189 TO: City of Sebastian t 1225 Main Street Sebastian, FL 32958 (772) 388 -8200 Ladies /Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled CR 512 Landscaping and Iirrigation Plan, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by ]mocks C. Rodriguez (Name of Person or Persons) on 03/01/2011 (date or dates) the undersigned hereby seeks qualification to furnish all labor and material and to perform all work as required by and in strict accordance with the above -named documents. Principal Office Address: (1) (3) How many years has your organization been in business as a contractor under your present name? 35 Years (2) How many years experience in construction work has your organization had as a general contractor? 35 Years As a Subcontractor? 35 Years SEE ATTACH PROFILE ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) 4205 N. Courtenay Pario,ay Merritt Island, FL 32953 List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary.) Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name /Addressrfel Title Amount Completion Date Completion Date of Owner 29 of 189 (4) Have you ever failed to complete any work awarded to you? If so, where and why? ND (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. NO (6) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. NO (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (8) ND What is your bonding capacity? 5,000,000.— (9) What amount of your bonding capacity has been used as of the date of this bid? 1,250,000.— 30 of 189 (10) How many applications for performance and payment bonds have you made in the last three (3) years? 32 (11) How many of these applications were not approved? NONE (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) NO 1, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Respectfully Submitted, Santa Cruz Construction, Inc, (Name of Bidder) Decks C. Rodriguez (Authorized Signature) *Contractor's License Number: Classification: Monetary Limit: t Vice President 03/15/2011 4205 N. Courtenay Pkwy, Merritt Island, FL 32953 (Title) (Date) (Address and Telephone No.) (321) 452-3190 FLORIDA STATE CONTRACTOR DATA (Required): CGC004606 General Contractor 985,000. *ATTACH A COPY OF APPROPRIATE LICENSES 31 of 189 ATTACHMENT 2 (DRUG -FREE WORKPLACE FORM) The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Santa Cruz COnstruction, Inc. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, l certify that this firm complies fully with the above requirements. Date: 03/15/2011 Signature 32 of 189 FLEMING ITEM DESCRIPTION Dt/AHTITY UMT i UNIT PRICE 1 TOTAL cLEARNICARIADING)FILL LF 11,1111111111111111Vnla 0 .0 F M !!!=IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIEIIIIIIIIIMIIIEMill MOT 1111/1111111111111MIIIIIIIIM46111 FA.2 FA3 Sat Farce EMI FA.4 r Or EIS9 REM ill rA.s 2100 11111Z11111111L.11111111111112Mill STRIPING Mil Stemeed Asphal Crosswalk (leorth/Scat*Vest Sides 262 43 a 6 II 1. 6 iv FB 2 Stamped Asphal Crosswalk *j (East Side) 1.62 DRAINAGE KJ 2MMETMI111111111111111111111111111M11111111112211111111 Remove Cencrele Flumes 2 EA Irfn2. 4111111111111rIMEM FC2 FC.3 RCP 24" 400 4 Al 14 eS Z w- FC.4 C.onstruct Fiume FC.5 Waged End Section 2 2 I 34DIEL i..8 Li b 24 4 FCS T 'C Catch Basin i FC,7 F-Curb" 100 B m 2 &OS mo SS& SY Ital.1111111FTIMII 0 1 2.• FC.B Sktewe& FC.9 Stdewelk" (East Orosswak) 911/111RIME C.10 Re-Construct Curb Rernp FC,11 Re-C mp cristrucl Curb Ra" Sidewalk -M111111111111111111111==111110M111 Curb Ramp Detectable outhAfest Sides Side Medan 1111Mill 11111111 1 I linlial F C.12 1::=Intern FC.la FC.14 LANDSCAPE FDA 11851 1 0 2.6 ifq Am 15 FD.2 FD. Directional Bore for irr Line 1 FD.4 Mulch 1111M111.121 4 FD.5 Ir Estimate .tiLuai_ji.4„att,m,.,..u..sav 1111111111111E11111 zi U z; SURVEY FE.1 Construction Layout 1 EA I.} FE .2 As-8as WM IlMa__:.111111111111011 1-_—. '..1.1„. L _.—i. 1' Landscape shall Include foloi•viN materials: Cabbeze Palm 4 140 195 EA 1 144 1.9. EA 4 Ls. EA 5 52-*. CV ci_ct it_ _1(.•{, F ___Jndlon Howl:herr* i_ Sand Cordwass 1 ATTACIEMENT 7 BID SHEET Date Prepared: February 2011 FDOT LAP F1vt#: 418031-1-58-01 JOB: City of Sebastian CR 512 Landscape Improvements at Ficming/Bakeraoseland Intersections lricticsies terns assoctatad +nth the Installation end operatkm ot the east ievcrosswalk Wm:kg the two pedestrian oortfol sepal assemble, 'F'-curb stemed,a5het,l_i.trb ramps, sidewek ate. JT 33 of 189 ITEM 1 DESCRIPTION QUANTITY 1 Ma j UMT PRICE 1 TOTAL CLEARRIGJGRADENG/FLL BA.1 Mobilization 1 1 1,020 LS LS 4 000 55' 4900 S 6 4:61 3 It 6A.2 MOT 6A. SR Fence Import FilPiace 821 2100 CY SY ion, ta, 65 &O Li- 4 sAs Grading STRIPING Bel SI Asphalt CrossweR (NorthScuthWest Skies IllaillUIEM31111WWWW111 Stamped Asphalt Crosswat( Rest Side) 102 SY (el 052 DRAINAGE KA Remove Catch BasinAnlet 11111111111111ENIIIME2111111111111111111MLA' Mal EA t 0 1._ 0C2 Remove Concrete Flumes RCP 24" r BC.3 400 1111MINETIMI DC.4 Construct FUiie MEM E IIMS111111111 di al ac. tittered Erod Section IINIIIIIIMMIETT34111.111111111 100 111011111M-S1111111111MMICa Bcs B BC.7 F-Cirb" SC.B Sidewalk IIIMIMINIMININI 95 imircirmil arilliaMIIIMM111.111MEW-all f3C.9 Sidewalk" East Crasswelk) SCA 0 Re-Construct Curb Ramp BC.11 Re-Construct Curb RPM" Sidewalk Illinilinrallil 1111 EA ECTRVIIIIIIIEMTIll DCA 2 Pedestrian Cortrot Assam. BC.1 Curb Ramp Detectable Warring LtkehlSoultMest Sides) BC.14 Curb Ramp Detectelde Warring (aid Side Medlan) 11.1 IILM 1 LANDSCAPE B0.1 MEM SF IIMMI ,ili E02 1111.11 MN 5000 LS EIVAIWIIIIIIIEM "Ka 1 -11111211111MIL -3-1 O op 00.3 Director for kr aeon Une BD .4 005 Ir Estimate PutnpiNeiliPipent t 'Mau 11111111101111Mnffril SURVEY _...._..,i BEA Construction 11111111E1111111Will L Landscope stet 1 inckide the follow materials: Palm IQ 1.12211.11100111111111111=01 V- 111F11011111111111102MA EM= Sand Cor ass 111111M EA ----1 kldicates items asecciated wth the Installation and operation otth_ crosswalk the two control assemble 1 'P-curb, stamped asphalt, curb ramps, sidewalc etc. ATTACHMENT 7- BID SHEET Continued Page 2 EARS ER 34 of 189 Cabba. Palm 111111111 EA 140 EA illnglaill1111=61111 lndlan Hawthorne Sand Cord rass 111=111111111=111111Fliall11111111111EMEMI ITEM RA.1 RA 2 RA.3 RA.4 RA.,5 Rai RD.1 RD2 RD.3 RDA RD .5 Landscape shall include tyre followin materials: Stamped Asphalt Crosswalk Sod Landscape* Directional Dore for Irrigation Line Mulch DESCRIPTION ATTACHMENT 7 BID SHEET Continued Page 3 Irrigation Estkneta (Ptarp/WellApeFitlingstliousing) ROSELAND CLEARING/GRADINGIFILL STRIPING DRAINAGE LANDSCAPE 11,851 SURVEY UNIT PRICE TOTAL Fleming I 5; G0 Barber V3 (A5 5 4 Roseland )PROJECT TOTAL 35 of 189 PROJECT COST SUMMARY INTERSECTION TOTAL COST A'T'TACHMENT 3 (PUBLIC ENTITY CRIMES FORM) Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 36 of 189 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Santa Cruz Construction Inc. (name of entity submitting sworn statement) whose business address is 4205 N. Courtenay Pkwy, Merritt Isl., FL 32953 and (if applicable) its Federal Employer Identification (FEIN) is 59 1625608 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Dacks C. Rodriguez (please print name of individual signing) and my relationship to the entity named above is Vice President 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The 37 of 189 ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity_ 8. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) XXX Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with th Department of Gen ral Services.) (Signature) 38 of 189 STATE OF FLORIDA COUNTY OF Brevard Name: The foregoing instrument was acknowledged before me this 15th day of March ,2011 by Dacks C. Rodriguez Vice President (title) on behalf of Santa Cruz Ca struction,Inc(n of partnership), a partnership. Helms is personally known to me or has produced FL 1L as identification and did diai t take an oath. Date: 03/15/2011 D 1tlanie My Commission Expires: Januar/ 30,2013 Commission Number: 11849171 39 of 189 ATTACEMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name, Address and Telephone Number of Subcontractor 1. TOTAL DOLLAR VALUE OF SUBCONTRACTOR'ARTICIPATION: Type and Description of Work to be Contract Amount Name of BIDDER_ Performed Santa Cruz Constnicticn, Inc. PERCENT SUBCONTRACTOR PARTICIPATION; 40 of 189 ATTACI]MENT 6 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Bidder. 1. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may by supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. 3. The Contractor shall consider the geotechnical data available from the City, if any the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the data on which he relies in providing the safety system, as well as for the system itself. 4. The amounts that the Bidder has set forth for pipe installation includes the following excavation trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. d, e_ Units of Measure (LF, SF) Trench Safety Measure (Description) a. livetexDt 4 R hoc b. c. For Information Only, Not for Payment Purposes Bidder may use additional sheets as necessary to extend this form. Unit Unit Cost Extended Cost (Quantity) Z800 Cr 1.1 'Oc 41 of 189 Failure to complete the above may result in the bid being declared non responsive. 5. The amount disclosed is the cost of compliance with the applicable trench safety requirements does not constitute the extent of the Contractor's obligation to comply with said standards, Contractor shall expend additional sums at no additional cost to the County, if necessary, to comply with the Act (except as may otherwise be provided). 6. Acceptance of the bid to which this certification and disclosure applies in no way represents that the County or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. Santa Cruz Construction, Inc. Company 'D .1)- De ks C. Rodriguez Vice President Address: Name and Title 4205 N. Courtenay Parkway Merritt Island, FL 32953 Telephone: 321 452 -3190 42 of 189 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER ate of Florida County of Brevard Decks C. Rodriguez being first duly sworn, disposes and says that: (Name /s) 1 They are Vice President o f Santa Cruz Construction, Inc. (Title) (Name of Company) has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive, or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City /County or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 7TATE OF FLORIDA :OUNTY OF PALM BEACH }SS; FL DL (Title) Vice President he foregoing instrument was acknowledged before me this March 15,2011 (Date) tcks C. Rodriguez who is personally known to me or who has produced Wade Grube 0►t► ►1 iso i`ir as identification and who did (did not) take an oatk}+���� "...N /F ``�i,, 43 of 189 Notary (print Commission No. IX 49171 gn name) the Bidder that 0.07 .a, CERTIFICATION REGARDING LOBBYING a undersigned Bidder /Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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. (2) tf any funds other than Federal appropriated funds have been paid or wili be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying,* in accordance with its instructions as amended by "Government wide Guidance for New Restrictions on Lobbying 61 Fed. Reg. 1413 (1119196). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P,L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352 (1)- (2)(A), any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not Less than $10,000 and not more than $100,000 for each such expenditure or failure[ The Bidder /Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Company Name: Santa Cruz Construction, Inc. Authorized By: fitie: (Sign) Vice President Decks C. Rodriguez (Print Name) Date: O3/15/2D11 44 of 189 ATTACHMENT 4 (BID BOND) (This form provided by the City of Sebastian as an example of the form of bond; the actual bond must conform to the standards required by Florida Statutes) KNOWN ALL MEN BY THESE PRESENTS, that, we the undersigned Santa Cruz Construction, Im. .As Bidder, Merchants Bonding Canpany NOW MEREFORE, Bidder- Authorized $g 13td e Pr inted or Typed N ame a nd Tit As Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of Eve percent (5 of the Total Bid Amount which is X 5- for payment of which, well and truly to be made, we hereby join #1y and severally bind ourselves, successors and assigns. Signed this 16 day of March Mat 2011 The Condition of the above obligation is such that whereas the Bidder has submitted to the City of Sebastian a certain B3D attached hereto and hereby made a part of hereof to enter into a contract in writing, for CR 51 A NDSCAPING ANI] 1RP4 i1QATXQZ (a) If said BID shall be rejected,,or (1,) If said BID sha11 be accepted and the Bidder shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said I3T.D, then this obligation shall be void, otherwise the same shall remain in force and cff'ect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Bidder aid the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Bidder Name Santa Cruz Construction, Inc. Surety Merrhan �1 Printed or •ed Surety Printed or d Signature Attorney-in-Fact ed Narne and Title 45 of 189 STATE OF IOWA COUNTY OF POLK ss. MERCHA 1 BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Peggy Broughton, Lenita W. Wright, Mary Butcher, F. Gregory Spencer of Cocoa and State of Florida its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION (55,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the fallowing Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 21st day of July 2010 Co yA 4:1. ►M;? -0- fn: 3 1933 MERCHANTS BONDING COMPANY (MUTUAL) By President On this 21st day of July 2010 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument, and that the Seat affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa. the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. POA 0001 (1/09) lk y CINDY SMYTH x Commission Number 173504 March 16 201 xplrea VA PO4# .9• -0- 1. IN 1933 e �ti. 4 4, Notary Public, Pik County, lowa 1, Wiliam Wamer, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this/6 day of ►ta4. .20 Secretary 46 of 189 THAS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND MOTIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS_ A TYPE OF INSURANCE GENERAL LABILITY COIUItiIERc1AL GENERAL LABIUTY POLICY NUMBER 0L2064793 ...MA MR 10 /o1/xo Utl LN4YTS 10 EACHooDouRrWHOE I 1 000 000 PREMISES tEa owurreno.) i 100,000 CLAIMS -MADE f x] OCCUR MED EXP {Any o parson) i 10,000 PERSONAL R. ACM INJJRY i 1,000,000 GENERAL AGGREGATE S 2 000, 000 OENL AGGREGATE LIMIT APPLIES PER: POLCY X J LC]C PRODUCTS CO MP/OF AGO 1 2 000 000 s A AUTOMOBILE X X X LIABILITY ANY AUTO ALL omen AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS II CA2064737 10/01/10 10/01/11 COMBINED SINQLE UMIT ¢1,000,000 LY BODI NJURY (Per Osman) S 900ILY INJURY (Per eccileaff S PRO ERT DAAWGE {Par a ock$oM) i S S A UMBRELLA LIAR EXCESSLIAB X 4_ OCCUR CLPJMSfitace CU2064795 o 10/01/10 10/01/x1 10ioi/11 EACHOOCURRENCE 4,000,000 AGGREGATE 4,000,000 DEDUCTIBLE RETENTION S 0 LI E.L. EACHAC N1 i 1,000,000 WGR am COMPENSATION AM] oaw.orsar L.IAAIIJTY 1 ANY PRat+Rlrr`rt ARTNER/ExeCUtTV OFFICERANEMBER EXCLUDED? (Mandaidry Irr NH) II SC deaorihe un der DERIPTION OF OPERATIONS below E.L. DISEASE EA EMPLOYE 1,000,000 E.L. DISEASE POLICY LIMIT 1,000 000 1 Equipment Floater 11111 CPP2064792 io/of/10 1o/M./34 Leased/ $100, 000 Rented $1,000 ded E$CRIPTION OF OPERA 1 LOCATIONS 1 VEHICLES (Attach AGORD 101 Additional Remarks Schedule, H more space Is required) 'E: Sebastian Boulevard (C.R.512) Landscaping and Beautification Project 1 CERTIFICATE OF LIABILITY INSURANCE OP Id MR THIS CERTIFICATE IS ISSUED AS A MATTER 0FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE HOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTRUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the C Cate ho sr a an I r a 'r•► r e po e mus an a i c 4 1 L 1 7 4 s su the terrtia and candltfdnt tithe Panty, cfain PORDIEs 'may require an' eldorgof brat A stli6en1e7itcn th1>!r c erlffleate d :fa denier rights'tb tfe certificate holder In lieu of such endorsemenl(a PRoailCER INSURED HSH Ins Bonds of 400 High Point Dr, Cocoa FL 32926 Phone:321 -639 -3055 Brevard LLC Suite 200 Fax 321 -639 -2077 Santa Cruz Construction Inc. backs Rodriguez 4205 No. Caurtenay Parkway Merritt Island FL 32953 NAME A OREES: C SANCO05 INSURER A Amer WIZ* 'datums Insuxsm* Co INSURER B e- .risur■ insuranao Company INSURER C INSURER b INSURER E INSURER F IwSUREiq$IAFF®RI#INB COVERAGE FAIL A/C, No RAC S 23396 19488 COVERAGES ;RTIFICATE HOLDER ')RD 25 (2009/09) City of Sebastian Building Dept 1225 Main Street Sebastian FL 32958 CERTIFICATE NUMBER: CITSEBA CANCELLATION The ACORO name and logo are registered 'narks of ACORO REVISION NUMBER: SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL Be DELNERED el AQ$QRDANGF WITH TSB Poop( PROVISION& AUTIIORIED REPRESENTATIVE w e I AC RD CORPORATION, All rights reserved. 47 of 189 CHARLIE CRIST GOVERNOR December 27, 2010 MR DACKS RODRIGUEZ SANTA CRUZ CONSTRUCTION INC 4205 N COURTENAY PRKWY MERRITT ISLAND FL 32953 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Rodriguez: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: SANTA CRUZ CONSTRUCTION INC has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need"any additivnal'iriforrriatiori; please contact at (850) 414 4742.- Sid, ely Eri a Miller Contract Compliance Administrator Equal Opportunity Office EMlclg Florida Department of Transportation 605 Suwannee Street STEPHANIE C. KOPELOUSOS Tallahassee, FL 32399 -0450 AFFIRMATIVE ACTION PLAN EXPIRATION: December 2, 2013 SECRETARY This plan is one of the requirements to bid on contracts for the Florida Department of Transportation. This is not approval for Unified Certification Program Disadvantaged Business Enterprise (UCPIDBE) Certification. For additional information in becoming a DBE contact the Certification Section at (850) 414 -4747. 48 of 189 SANTA CRUZ CONSTRUCTION INC. 4205 N. Courtenay Parkway Merritt Island, FL 32953 (321) 452 -3190 FAX (321) 459 -3358 sccI @santacruzconstruction.com DESIGNATION OF LIAISON OFFICER Santa Cruz Construction, Inc. will aggressively recruit disadvantaged businesses as subcontractors and/or suppliers for a» contracts with the Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Chapter 14- 78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specified duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Department of Transportation contracts. (2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirement of the Florida Department of Transportation. The following individual has been designated liaison Officer wtth responsibility for implementing the Company's Affirmative Action Program in accordance with the requirements of the Florida Department of Transportation. Dacks Rodriquez, Vice President Santa Cruz Construction lnc 4205 N, Courteriay Parkway Merritt island, FL 32953 /321) 452-3190 59- 1625 II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Flan, Santa Cruz Construction, Inc. has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specffic geographical areas of work. 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work. 3. Lack of interest in perforMng Department of Transportation contracts. 4. Lack of response when requested to bid. 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. ESTABLISi4ED 1975 State Certified and Bonded General Contractor State License Number CGC004606 2 49 of 189 SANTA CRUZ CONSTRUCTION INC. 4205 N. Courtenay Parkway Merritt Island, FL 32953 (321) 452 -3190 FAX (321) 459-3356 scci@santacruzconstruction.com in view of the barriers to disadvantaged businesses stated above, it shall be the policy of Santa Cruz Construction, Inc. to provide maximum opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. Santa Cruz Construction, Inc. will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the company; 2. Advertise in minority focused media concerning subcontract opportunities with the company; 3. Select portions of the work to be performed by the DBEs In order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate Information about the plans, specifications, and requirements on the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so. 6. Attend pro bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company. 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE Company is interested in the subcontract opportunity. Santa Crux Construction, Inc. understands Mat this list of affirmative action methods is not exhaustive and wtli Include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. 111. IMPLEME On contracts with specific DBE goals, Santa Cruz Construction, Inc. will make every effort to meet contract goals- as. stated by utilizing. its. affirmative. action. methods. On projects with. no. specific. goals, the Company will, as an expression in good faith, seek to utilize OBE subcontractors where work is to be subcontracted. ESTABLISHED 1975 State Certified and Bonded General Contractor State License Number CGC004606 50 of 189 3 SANTA CRUZ CONSTRUCTION INC. Pi. REPORTING 4205 N. Courtenay Parkway Merritt Island, FL 32953 (321) 452 -3190 FAX (321) 459 -3358 soci@santacruzconstruction.com Santa Cruz Construction, inc. shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of ail contracts, to include correspondence, telephone calls, newspaper advertisements, etc.; to obtain DBE participation on ail Florida Department of Transportation projects; 4, The company shall comply with Florida Department of Transportation's requirements regarding payments to subcontracts including DBEs for each month (estimate period) In which the companies have worked. v. DBE DIRECTORY Santa Cruz Construction, inc. will utilize the DBE Directory published by the Florida Department of Transportation. The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. ESTABUSHED 1975 State Certlfied and Bonded Genera/ Contractor State License Number CGC00460E 4 51 of 189 SANTA CRUZ CONSTRUCTIOW INC. POLICY STATEMENT 10 Fir 23 F 14= [i 6 DBE AFFIRMATIVE ACTION PLAN It is the policy of Santa Cruz Construction, Inc., known hereinafter as the company, that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-76, F.A.C. shall have the opportunity to participate as subcontractors and suppliers on al contracts awarded by the Florida Department of Transportation. The requirements of Chapter 14 -78 F.A.C. shall apply to all contracts entered into between the Department of Transportation and Santa Cruz Construction, Inc. subcontractors andior suppliers to Santa Cruz Construction, Inc. will also be bound by the requirements of Rule Chapter 14-78 F.A.C. Santa Cruz Construction. Inc., and Its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78 F./1_ C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Trahnsportati vii. Santa Cruz Construction, Inc„ and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the Florida Department of Transportation. Santa Cruz Construction. Inc., has designated and appointed a Liaison Office and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan's implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout Santa Cruz Construction, Inc., and to disadvantaged controlled businesses. The poesy statement is posted on notice boards of the Company. Date 12/23/2010 S j li packs C. Rodriquez, lice President FLORIDA tit omiio DEP itagait APPROVED. 31SAPPROVED: DATE: ESTABLISHED 1975 State Certified and Bonded General Contractor State License Number CGC004606 4205 N. Courtenay Parkway Merritt Island, FL 32953 (321) 452 -3190 FAX (321) 459 -3358 sccl @s anta cruzco n stru cti on. co m 52 of 189 1 1. Federal Tax ID Number: 59- 1625608 2. Firm Name: SantaCruzConstructionlnc., 3. Phone: X321 i 452 -3190 4. Address: 4205 N. Courtenay Parkway Merritt Island, FL 32953 5. Year Firrn Established: 1975 1. Federal Tax iD Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: Firm Name: Phone: Address: Year Firm Established: STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399 -0450 TELEPHONE: (850) 414 -4747 FAX: (850) 414 -4879 This Information may also be included In your till or proposal package. 273-030-10 EQUAL OPPORTUNITY OFFICE 02,110 Prime Contractor /Consultant: Santa Cruz Construction, Inc. Address/Telephone Number: 4205 N. Courtenav Parkway, Merritt Island, FL 32953 (321) 452 -3190 Bid /Proposal Number: /bO T Ptr7 re .-1 A#- la [1a 1 1 0 Quote Submitted MMiYR: 03/11 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT- assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT-assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 6. DBE Non -DBE 7. Subcontractor Subconsultant 6. 0 DBE O Non -DBE 7. Subcontractor Subconsultant 6. 0 DBE 0 Non -DBE 7. U Subcontractor Subconsultant 8, Annual Gross Receipts Less than $1 million Between $1 $5 million Between $5 $10 million Between $10 $15 million More than $15 million 8. Annual Gross Receipts Less than $1 million Between $1 $5 million Between $5 $10 million Between $10 $15 million More than $15 million 8. Annual Gross Receipts Less than $1 million Between $1 $5 million Between $5 $10 million Between $10 $15 million More than $15 million MI TRANSMISSION VERIFICATION REPORT TIME 03/21/2011 11:36 NAME CITY OF SEBASTIAN FAX 7723888249 TEL 7725895330 SER.# 00007J431406 DATE,TIME 03/21 11:35 FAX NO. /NAME 918504144879 DURATION 00:00:30 PAGE(S) 01 RESULT OK MODE STANDARD ECM 54 of 189 I FDOT LAP AGREEMENT 1. FOOT LAP AGREEMENT# AMOUNT TYPE OF WQRKISPECIALTY LOCAL AGENCY CONTRACT PRIME 4. LOCAL AGENCY NAME A 5. PRIME CONTRACTOR NAME Santa Cruz Construction, Inc. 6. FE 0 1 C MEM 59- 1625608 7. CONTRACT DOLLAR AMOUNT 1161-1130415•1141AMEMEM 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED "DBE (DISADVANTAGED BUSINESS ENTERPRISE) YES NO 10. IS THE WORK CONSTRUCTION OF THIS CONTRACT 0 OR MAINTENANCE 07OTHER DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WQRKISPECIALTY DOLLAR AMOUNT PERCENT OF CONTRACT DOLLARS A 0 E I F 11 A TOTAL DOLLARS TO DBE'S I I8 TOTAL, PERCENT OF CONTRACT $0.00 0.00% SECTION TO BE FILLED BY PRIME CONTRACTOR 11. REVISION {Y iF YE% REVISION# 12• ANTICIPATED DBE SUBCONTRACTS (BELOW): '71 13. NAME OF SUBMITTER 14 .DATE 15. TITLE OF SUBMITTER 22. EMAIL ADDRESS OF SUBMITTER 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER scci a�¢ santacruzconstruct ion. corn 19. SUBMITTED BY LAP COORDINATOR DATE TO EO OFFICE EXECUTED DATE (LAP NAME (ELECTRONICALLY) AGREEMENT) 20 .DATE Vice President 17. FAX NUMBER (321) 459-5538& SECTION TO BE FILLED BY LOCAL AGENCY 18. PHONE NUMBER (321) 4524190 21. TITLE OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FOOT CONTRACTS. THE ANTICIPATED DBE AMOUNT LS VOLUNTARY AND WILT. NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FOOT LAP COORDINATOR USE DIST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION STATEMENT LOCAL AGENCY PROGRAM 275 030.12 EQUAL. OPPORTUNITY OFFICE EXECUTED DATE (BETWEEN PRECON. CONF DATE. LOCAL AGENCY AND PRIME) 55 of 189 e .157.•• Ti STATE.9F F.LpRID ARMNT v7.;. ?l 4.i" CONS-TRU RI:pruggR SINW A9 AR31: EG� Zi I 7 gm19 EiTCENSNB1 ":07 1 -1e 'ncle 'AE4 it) 114 ims 6E- Cha 0 1. iicitiri.ra on' da tei AUG 3 1 2 012 15 !1Z ...AL:4 jts': .ifTH' „7. OCTAZ OaN 14, .7S" VOURTEVAY ttl MERRITT rSLND FL 3 2 9 53 Z6 w-tt *4.1 -4 _A/ GligaRe .r.: a, vtrzeolm...:tX -Ark elt, T. THIS 1S TO CERTIFY THAT THE POUClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCNE FOR THE POLICY PERICO INDICATED. NOTWITHSTANDING ANY REatJIREMENT, TERM OR COND177ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOIMICH T}NS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 711E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E LCLUSIONS AND ominous s CF SUCH PDLIdES, LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. ILNTR TYPE OF INSURANCE A INSR AND POLICY NUMBER N AIDPl EhF {MHArDDIYYYYI PUDGY YY {ASHAr0011'YYYI LIMITS A GENERAL UAB]LITY cOAEROIAL GENERAL LABILITY 0L2064793 10 /01/10 10/01/11 GACr1 oc}cutaseNOC 7 1, 000, 000 X Pr: i45ES JD (Es occurrence) 100,000 1 CLAIMS -MADE X OCCUR MED IEXP (My one person) 10,000 PERSON LdAW INJURY s 1,000,000 GENERAL AGGREGATE 2,000,000 GENE AGGREGATE LIMIT APPLIES PER: F TEA 7 Loc PRODUCTS COMPADP AGG s 2 000 000 T Poucv A AUTOMOBILE LIABRJTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS Nag-OWNED AUTOS CA2064737 10/01/10 10/01/11 ODLIBINED SINGLE LIMIT (Es accident) /OOH], 000 x BO BODILY INJURY (Per person) 1 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per eccddent) 1 A X A r UMBR A MB EXCESS LIAB X occUR -MADE CtO2064795 10 /01/10 10/01/11 EACH OCCURRENCE 4,000,000 AGGREGATE s 4,000,000 DEDUCTIBLE RETENTION 0 X s 3 WORKERSCOMFENSAT1oN AND EDAPLOYSR$' LIABILITY ANY PROPRIETOWPARTNER/EXECUTNU FIBER E ctuaED7 (Mandatory In NH) DEx y as deW 0 un OF der SCRIPT)ON OPERATIONS T I ft u N 7 A WC2064794 10/01 /10 10/01/11 X TOR ST LIMITS 1 I ATU- LO ER E.L. EACH ACCIDENT 1,000,000 E.L DISEASE EA EMPLOYEE 11,000,000 below El. DISEASE POLICY LN1IT 1,000,00 0 A Equipment Floater CPP2064792 10 /01/10 10/01/11 Leased/ $100,000 Rented $1,000 ded DESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES IAt44+h ACORD 101, Additional Remarks Schedule, It mare apace 13 required) CERTIFICATE OF LIABILITY INSURANCE OP ID MR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holders an ADDITIONAL INSURED, the poliicy(ies) must be endorsed_ If SUBROGATION L4 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Lieu of such endorsement(s). PRODUCER HSH Ins Bonds of Brevard -LLC 400 High Point Dr, Suite 200 Cocoa FL 32926 Phane:321 -639 -3055 Fax:321 -639 --2077 WTI MAL MARIE: PHONE No, Extl: IL ADDRESS: PROOSICER CUSTOMER ID SANC005 IJSUREi S)AFFORDINGCOVERAGE I A.[ WC, Not: NAME/ *MUREX' Santa Cruz Construction Inc. Docks Rodriguez 4205 No. Courtenay Parkway Merritt Island FL 32953 INSURER A ozLsQrs status]. Itif trOmica Co INSURER B: Anariaars lnaaranc. cc ps»S INSURER C INSURER O INSURER E INSURER F DAIS (MIND0 YYYY) 10/27/10 23396 19488 COVERAGES CERTIFICATE HOLDER ACORD 25 CERTIFICATE NUMBER: CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED N ACCORDANCE WITH THE POLICY PROVISIONS. Aunioei2ED REPRESENTATIVE REVISION NUMBER: 1988 -2 9 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regfatered marks of ACORD 57 of 189 2010 nn r� nn BREVARD COUNTY BUSINESS TAX RECEIPT 2011 V TAX RECEIPT RESTRICTIONS T SHOULD D BE DISPLAYED ON PREMISES ACCOUNT NO. 125471 THE PERSON(S), OR ENTITY BELOW: BUSINESS PERIOD: OCTOBER 1, 2010 SEPTEMBER 30, 2011 EXPIRES: SEPTEMBER 30, 2011 LOCATION: OWNED BY: SANTA CRUZ CONSTRUCTION INC 4205 N COURTENAY PKWY MERRITT ISLAND FL 32953 4205 N COURTENAY PKWY UNINCORP. MERR. ISL., FL 32953 SANTA CRUZ CONSTRUCTION, INCORPORATED JOHN R RODRIGUEZI CGC BUSINESS CLASSIFICATIONS, DISCLAIMERS, AND RELATED FEES: PENALTY: 300305 GENERAL CONTR.[CERTIFIED] 590501 HAZ. WASTE GEN. SURCHARGE 820005 2010 2011 RECEIPT AMT 2011 HAZ WASTE 40 ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE DOES NDT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. BUSINESS TM RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND/ OR FAILURE TO MAINTAIN REGULATORY PRE REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATIONS), OR SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT 15 REQUIRED TO ADVERTISE (Inducing with signage) "GOING OUT OF BUSINESS". USA CULLEN, CFC, Brevard County Tax Collector P 0 Box 2500, Titusville, Florida 32781 -2500 (321) 264 -6910 UPON A CHANGE OF OWNERSHIP OR LOCATION, BUSINESS TAX RECEIPT SHOULD BE TRANSFERRED WITHIN 30 DAYS. EXEMPTIONS: NON EXEMPT $37.00 $40.00 $.00 BRANCH OFFICES: Merritt Island Office, 1450 N. Courtenay Pkwy, Merritt Island, FL 32953 Melbourne Office, 1515 Sarno Road, Melbourne, FL 32935 Palm Bay Office, 450 Cogan Dr. SE, Palm Bay, FL 32909 MAIN OFFICE: 400 South St., 6th Floor, Titusville, FL 32780 (321) 264 -6910, (321) 633 -2199, t.(9hi §9 TO WHOM IT MAY CONCERN: Santa Cruz Construction, Inc. and John R. Rodriguez are highly respected in our community and are also highly valued customers of Community Bank of the South. They maintain accounts with our bank and have both depository and investment relationships in the medium to high six figure range. Community Bank of the South has not unsecured credit to Santa Cruz; however, I am very familiar with this customer from my prior affiliation with their last bank. Upon request, we would be pleased to consider an iirsecured credit line to the Company based upon our current loan policies and procedures. Please do not hesitate to call if you should have any questions or need additional information. WTT:ac ank o f the Jout William T. (Bill) Taylor President/CEO January 21, 2010 Re: Santa Cruz Construction., Inc. John R. Rodriguez 4205 N. Courtenay Parkway Merritt Island, FL 32953 Sincerely yours, William T. Taylor President and CEO 277 North Sykes Creek Parkway Merritt Island Florida 32953 Phone (321) 452 -0420 Fax (321) 452-9866 59 of 189 CHARLIE CRIST GOVERNOR February 19, 2010 Lance W. Rodriguez, President Santa Cruz Construction, Inc. 4205 N. Courtney Parkway Merritt island, Florida 32953: Florida Department of Transportation Tallahassee, FL 32399 -0450 Certified Mail Return Receipt Requested ANNIVERSARY DATE Annually On February 19 Dear Mr. Rodriguez: 605 Suwannee Street STEPHANIE C. KOPELOUSOS SECRETARY The Florida Department of Transportation [FDOT] is pleased to announce that your firm is certified under the Florida Unified Certification Program [UCP] as a Disadvantaged Business Enterprise [DBE] in accordance with Part 49 Section 26, Code of Federal Regulations. DBE certification is continuing, but is contingent upon the firm maintaining its eligibility annually through this office. You will be notified of your annual responsibilities in advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date. Failure to do so will result in immediate action to remove certification. Only those firms listed in the UCP DBE Directory, are certified by Florida UCP Members. Prime contractors and consultants should verify your firm's DBE certification status, and identify the work area(s) for which the firm is DBE eligible, through this Directory. Your firm will be listed in Florida's UCP DBE Directory which can be accessed at through The Department's website: www. dot. state .fl.uslequalopportunityoffice, and then selecting "DBE Directory." 60 of 189 DBE certification is NOT a guarantee of work, but enables the firm to compete for, and perform, contract work on all USDOT Federal Aid (FAA, FTA and FHWA) projects in Florida as a DBE contractor, sub contractor, consultant, sub consultant or material supplier. If, at any time, there is a material change, you must advise this office, by sworn affidavit and supporting documents, within thirty 1301 days. Changes include, but are not limited to, ownership, officers, Directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms or individuals, or the physical location of your firm. After our review, you will receive instructions as to how you should proceed, if necessary. Failure to do so will be deemed a failure, on your part, to cooperate, and will result in immediate action to Remove DBE certification. Your firm is eligible to compete for, and perform, work on all USDOT Federal Aid projects throughout Florida, and may earn DBE credit for work performed in the following areas: NAICS: FDOT Specialty Code Description 238990 522 Concrete Sidewalk 237310 524 Concrete Ditch Slope Pavement 237310 425 Inlets, Manholes Junction Boxes 237310 430 Pipe Culverts Storm Sewers 237310 440 Underdrains 328910 110 Clearing Grubbing 238910 12X Excavation Grading 238990 104 Temporary Erosion Control 238990 530 Riprap 238990 705 Highway Delineators Questions or concerns should be directed to this office by mail or telephone. Our telephone number is (850) 414 -4747. Our Fax number is (850) 414 -4879 Sincerely, Arthur Wright Manager, Equal Opportunity Office 61 of 189 GOVERNOR SANTA CRUZ CONSTRUCTION, INC. 4205 N COURTENAY PARKWAY MERRITT ISLAND FL 32953 Dear Sir/Madam: Florida Department of Transportation CHARLIE CRIST 605 Suwannee Street MAXIMUM CAPACITY RATING: 45,350,000.00 Tallahassee, Fl_ 32399 0450 June 16, 2010 RE: CERTIFICATE OF QUALIFICATION STEPHANIE C. KOPELOUSOS SECRETARY The Department of Transportation has qualified your company for the amount and the type of work indicated below. Unless your company is notified otherwise, this rating will expire 6/30/2011. However, the new application is due 4/30/2011. In accordance with'S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14- 22.005(3), Florida Administrative Code. FDOT APPROVED WORK CLASSES: DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, ROADWAY SIGNING EMT APPROVED SPECIALITY CLASSES OF WORK: WATER AND SEWER UTILITY, CONCRETE REPAIR, CCNDUITE INSTALLATION, PIPE REPAIR, UTILITY CONSTRUCTION, CALL BOX SLAB NODIFICATION, IRRIAGTION, RIP RAP AND SIDEWALK. Please be advised the Department of Transportation has considered your company's qualification in all work classes requested. We have evaluated your company's organization, management, work experience, work performance and adequacy of equipment as directed by section 14- 22.003, Florida Administrative Code. Based on this evaluation, the Department is not able, at this time, to prequalify your company for the work classes: DEBRIS REMOVAL (EMERGENCY). 62 of 189 r. ST° TM E11-,17 .OrE ;QTECTI0 glom CONTROL Lr: SANTA CRUZ CONSTRUCTION INC. SCCI EQUIPMENT List Kershaw 1010 Grinding' Mowers Kershaw 800 w/ Fae Grinding Head TV148, Tractor wl Grinding Head Gehl 6640 Skid Steer w/ Fae Grinding Head Morbark Stump Grinder Track Bandit Chipper. (self propelled) Chipper (trailer 'mounted) Linkbelt 2800 Cli Series Excavator Linkbelt 2800$ Excavator (longreach) Cat 214 Rubber Tire Excavator Fae Grinding Head (attaches to Excavator) 6" Alamo Tree Trimmer (attaches to Gehl 6640) Rubber Tire Front End Loader 18 cy Dump Truck 8 cy Dump Truck Mack Tractor wI Lowboy Trailer ESTABLISHED 1975 State Certified and Bonded General Contractor State License Number CGC004606 4205 N. Courtenay Parkway Merritt Island, FL 32953 (321) 452 -3190 FAX (321) 459 -3358 scci@santacruzconstruction.com QUANTITY 3 1 2 1 1 1 1 1 1 1 1 1 2 1 1 1 65 of 189 I certify from the records of this office that SANTA CRUZ CONSTRUCTION, INC. is a corporation organized under the laws of the State of Florida, filed on April 10, 1975. The document number of this corporation is 473896. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on January 25, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. State of Florida Department of State Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Fifth day of January, 2010 w Secretary of State Authentication ID: 300167141953-012510 473896 To authenticate this cerhficate,visit the following sit, enter this ID, and then follow the instructions displayed hops:// efile.sunbizorg/certauthver.htm1 66 of 189 1 (1) SANTA CRUZ CONSTRUCTION, INC. I 2007 -2010 1 GENERAL CONSTRUCTION AND UNDERGROUND UTILITY FIRM Incorporated in Florida 1975 CORPORATE PROFILE (2) General Contractor License CGC- 004606 State Certified (3) Corporate Officers: Lance W. Rodriguez President John R. Rodriguez Vice President Dacks C. Rodriguez Vice President Martha D. Rodriguez Secretary/Treasurer (4) 100% Minority Owned (Hispanic); State Certified MBE DBE (5) 90% of our work is for Florida State Agencies (6) Dollar Range per Contract: $3,000 to $2,000,000 (7) Bonding Capacity: $5,000,000 (8) Awards and Commendations: (a) SBA Company of the Year 1984 (b) 8(a) Company of the Year 1984 (c) Small Minority -Owned Business of the Year 1985 and 1986 NASA (d) Minority Business Enterprise of the Year 1988 EG &G Florida, Inc (e) Rockwell international Small Business of the Year 1991 (f) Rockwell International Space Systems Division 1992 Exceptional Company Performance Award (9) McDonnell Douglas Space Systems Company 1992 Minority Small Business of the Year (h) U.S. Small Business Administration 1993 Administrator's Award for Excellence (1) BellSouth Telecommunications, Inc. 1995 Supplier Certification Silver Award 67 of 189 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (2 7) (28) (2 9) (30) (31) (32) (33) (34) (35) (36) (37) (3 8) (39) (40) (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) AMEC Earth and Environmental, Inc. Bendix Field Engineering Boeing Company BRPH Architects Board of County Commissioners (Brevard Osceola Cty) Brevard County Parks Recreation Canaveral Port Authority Cape Canaveral Air Force Station City of Cape Canaveral City of Cocoa City of Cocoa Beach City of Melbourne /City of Melbourne Beach City of Naples City of Orlando City of Palm Bay City of Ormond Beach/City of Part Orange City of Rockledge City of Titusville City of Vero Beach City of West Melbourne Communications Cabling Systems, Inc. Computer Sciences Raytheon DALCO Services, inc. Demar Homes Department of the Air Force Department of the interior Department of Energy EG &G Florida, Inc. Evergreen Development Construction Company Federal Aviation Administration Florida Department of Agriculture Florida Department of Environmental Protection Florida Department of Transportation Florida East Coast Railway Company Florida Fish Game Commission Florida Inland Navigational District Florida Power Light Company Florida State Dept. of Health Rehabilitative Services Ford Motor Company Frankj. Rooney, Inc. General Dynamics Convair Division C,C.A.F.S General Dynamics Services Company Cape Canaveral General Services Administration Geosyntec Consultants, Inc. Harris Corporation I -Net James Evans Tree Surgeons, Inc. Johnson Controls World Services, inc, Kellogg Brown Root Services, Inc. Lake Michigan Contractors, inc. (51) (52) (53) (54) (55) (56) (5 7) (58) (59) (60) (61) (62) (63) (64) (65) (66) (67) (68) (69) (70) (71) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) (82) (83) (85) (86) (87) (88) (89) (90) (91) (92) (93) (94) (95) Lockheed Space Operations Company MacAsphalt Martin Cty Board of County Commissioners Martin Marietta Corporation Martin Paving McDonnell Douglas Space System Company Merritt Island Redevelopment Agency Montgomery Watson Americas, Inc NASA National Roofing of South Florida Nassau County Northwest Florida Water Management District Orlando- Orange Cty Expressway Authority PBS&I Patrick Air Force Base Port Malabar Holiday Park Recreation District Powerserve Technologies Ranger Construction, Inc. Raytheon Engineers Construction, Inc. Rockwell international Corporation St. Johns River Water Management District School Board of Brevard County Scotty's Sea Ray Boats Seavy Associates Security Link from Ameritech Shaw Environmental South Florida Water Management District Southern Bell Telephone Company Space Coast Property Management Space Gateway Support Teen Missions International, Inc Tetra Tech Town of Indialantic Town of Melbourne Beach U,S. Army Corps of Engineers U.S. Coast Guard U.S. Department of Agriculture U.S. Department of the Navy United Space Boosters, inc. Veterans Administration VMS, inc. Volusia County Walkup Fence Company 68 of 189 PROJECTS COMPLETED IN THE LAST FIVE YEARS (1) AMEC Earth Environmental -3800 Ezell Road, Ste. 100, Nashville, TN 37211 (a) Patrick Air Force Base Dock Repair 2008 $539,955 Contact: John McGann (321)433 -0223 (2) BOARD OF CTY COMMISSIONERS ORANGE CTY 8777 CR 535, Orlando, FL 32836 (a) Fire Line Mowing Tibet Butler Preserve 2006 $19,450 Contact: Kristen Machan (407)836 -6256 (3) BOARD OF CTY COMMISSIONERS- NASSAU CTY -96135 Nassau Place, Suite 6, Yulee, FL 32097 (a) CR 121 Guardrail Replacement 2009 160,871 Contact: David Hearn (904)491 -3606 (4) BOARD OF CTY COMMISSIONERS OSCEOLA CTY -1 Courthouse Sq, Kissimmee, FL 34741 (a) Oak Tree Installation Bronson Blvd. 2008 $44,540 Contact: Coraly Vazquez (407)343 -3125 (5) BOARD OF CTY COMMISSIONERS BREVARD CTY 2725 Judge Fran Jamieson Way, Bldg B, Suite 203, Viera, FL 32940 (a) Holder Park 2006 $19,950 Contact: Joan VanSickle (321 )637 -5443 (b) Yotti House 2006 $22,750 Contact: Joan VanSickle (321)637 -5443 (c) Enchanted Forest 2006 $9,300 Contact: Judy Gregoire (321)264 -5185 (d) Sand Point Park Pavilion 2007 $422,827 Contact: Chuck Mays (321)637 -5443 (e) Space Coast Stadium Repair 2007 $464,815 Contact: Carl Tucker (321)633 -2030 (f) Mitchell Ellington Park irrigation Installation Phase! 2007 $130,606 Contact: Tex Loadholtz (321)433-4433 (g) Stair Tower Repairs 2007 $14,987 Contact: Carl Tucker (321 )633 -2030 (h) Mitchell Ellington Soccer Fields 2007 $518,140 Contact: Carlos Zarate (321)633 -2046 (1) Pine Island Mowing 2007 $34,700 Contact: Randy Durand (321)633 -2046 (j) Indian Mound Clearing 2007 52,300 Contact: Randy Durand (321)633 -2046 (k) Worley Avenue Sewer Line 2007 53,300 Contact: Raymond Burke (321)455 -1 338 (1) Southlake Vegetation Reduction 2008 57,595 Contact: Randy Durand (321)264 -5185 (m) Mitchell Ellington Soccer Bldg. PHASE II 2008 5394,991 Contact: Carlos Zarate (321)633 -2046 (n) Mitchell Ellington Softball PHASE 111 2008 5738,901 Contact: Carlos Zarate (321)633 -2046 (o) Ellis Road Clearing 2008 52,910 Contact: Harriett Raymond (321)617 -7202 69 of 189 17 (p) Mila Construct Retention Pond 2008 570,404 Contact: Carlos Zarate (321)633 -2046 (q) Space Coast Stadium Wall Panels 2009 $80,686 Contact: Carlos Zarate (321)633 -2046 (r) Pioneer Trail Project 2010 5317,658 Contact: Harriet Raymond (321)617-7202 (7) BREVARD COUNTY EELS (Environmentally Endangered Lands Program) (a) Buck Lake Roller Chopping 2009 53,277 Contact: Xaxiver DeSeguinDe Hans (321)264 -5185 (b) Hog Pointe Demolition 2009 54,847 Contact: Randy Durand (321)633 -2046 (8) BREVARD COUNTY SCHOOL BOARD 2700 Judge Fran Jamieson Way, Viera, FL 32940 (a) Astronaut High School Widen Sidewalk 2009 51,700 Contact: Danny Quinn (321)264 -3000 (9) BREVARD PARKS RECREATION 2725 Judge Jamieson Way 8202, Viera, FL 32940 (a) Repair /Replace Timber Breakwater Kennedy Point Park 2007 536,013 Contact: Chuck Mays (321)633 -2046 (b) Sterling Forest Fireline 2008 Contact: Randy Durand (321)633 -2046 556,215 (c) Juan Ponce DeLeon Park 52,650 Contact: George Clark (321)637 -5443 (10) BREVARD COUNTY UTILITIES SERVICES 3630 N.Courtenay Pkwy, Merritt TSI.,FL 32953 (a) Brevard County 5R3 Repair 2010 531,797 Contact: Raymond Blake (321)455 -1338 (11) CITY OF MELBOURNE 900 E. Strawbridge Ave., Melbourne, FL 32901 (a) Pineapple Park 2005 5101,030 Contact: Roy Dittmer (321)953 -6344 (b) 30" Transmission Line Clearing 2007 561,744 Contact: Michelle Schultz (321)953 -6241 (c) Melbourne Airport Mowing 2008 52,150 Contact: Wilson Jones (321)259 -9080 (d) Crane Creek 6"' Hole Bridge Repair 2009 $40,477 Contact: Rory Dittmer (321)953 -6344 (12) CITY OF NAPLES 280 Riverside Drive, Naples, FL 34102 (a) Boat Dock 513,150 Contact: JF Workman (239)213 -7102 2009 2008 (13) CITY OF PALM BAY 5240 Babcock St., Palm Bay, FL 32905 (a) Mowing various homeowner Tots to code 2006 540,130 Contact: William Martinez (321)952 -3430 (b) Lot Line Clearing City of Palm Bay 2006 5168,777 Contact: William Martinez (321)952 -3430 (c) Turkey Creek Boardwalk 2006 59,925 Contact: Bob Greenfield (321)952 -3444 70 of 189 (d) Liberia Sidewalk Landscape 2006 $31,563 Contact: Barrington Brown (321)953 -8996 (e) R] Conan Bridge 2006 $27,687 Contact: Barrington Brown (321)953 -8996 (f) Irrigation System Replacements /Upgrades 2007 S66,693 Contact: Steve Tanner (321)952 -3441 (I) Plant Installation 2007 54,996 Contact: Doug Blair (321)952 -3441 (k) Lot Mowing for Nuisance Vegetation 2007 5250,000 Contact: William Martinez (321)952 -3430 (I) Swale Restoration and Debris Removal 2007 564,698 Contact: Dave Rich (321)952 -3400 (m) Palm Bay Lot Owners Nuisance Vegetation 2007 546,475 Contact: William Martinez (321)952 -3430 (n) 2590 Southover Drive 2007 53,197 Contact: Bobbye Marsala (321 )952 -3424 (o) Lot Mowing for Nuisance Vegetation 2008 5230,148 Contact: William Martinez (321)952 -3430 (p) Palm Bay Lot Owners Nuisance Vegetation 2008 548,485 Contact: William Martinez (321)952 -3430 (q) Castaway Cove Beach Project 2008 5177,463 Contact: Bobbye Marsala (321)952 -3424 (r) Repair of Hurricane Damage Channel Markers 2008 51,500 Contact: Gary Perkins (321)952 -3424 (s) Lot line Clearing Nuisance Vegetation 2009 5237,792 Contact: William Martinez (321)952 -3430 (t) Palm Bay Lot Owners Nuisance Vegetation 2009 529,600 Contact: William Martinez (321)952 -3430 (u) Channel Markers Turkey Creek 2009 51,900 Contact: Bobbye Marsala (321)952 -3424 (v) Basin 9 2009 57,398 Contact: Tony Collins (321)952 -3534 (w) Demolition Contract 2009 55,275 Contact: William Martinez (321)952 -3430 (x) Palm Bay Landscape /irrigation 2009 579,383 Contact: Dawn Richer (321 )952 -3424 (y) Tree Removal 2010 515,000 Contact: William Martinez (321)952 -3430 (z) City of Palm Bay Demolition Projects 2010 56,500 Contact: William Martinez (321)952 -3430 (14) CITY OF ORMOND BEACH 22 South Beach St., Ormond Beach, FL 321 74 (a) Ormond Beach Airport Clearing $19,956 Contact: Tom Lipps (386)676 -3224 (15) CITY OF ROCKLEDGE 1800 Huntington Lane, Rockledge, FL 32955 (a) Anderson Park Mulching 5,000 Contact: Don Griffin (321)690 -3978 2007 2008 (16) CITY OF TITUSVILLE 555 South Washington Avenue, Titusville, FL 32796 -3584 (a) Gemini Space Walk Shoreline Restoration 2007 516,977 Contact: Angela Hood (321)383 -5767 71 of 189 (17) FLORIDA DEPARTMENT OF AGRICULTURE FORESTRY DIVISION 1350 Snowhill Road, Geneva, FL 32732 (a) Econ River Mowing $9,164 Contact: Paul Hartsfiel (407)702 -8273 (b) Isle of Pine Mowing $2,790 Contact: Will Kitchen (407)251 -6514 (18) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 2008 2008 (a) Favor Dykes Mowing 2006 $37,367 Contact: Doug Carter (386)446 -6780 (b) Savannas Mowing 2007 $38,254 Contact: Greg Kaufman (772)340 -7530 (c) Anastasia State Park Mowing 2007 $1 4,943 Contact: Paul Crawford (904)461 -2000 (d) Savannahs Stump Grinding 2007 $6,392 Contact: Greg Kaufman (772)340 -7530 (e) N. Peninsula State Park Washington Oaks Mowing 2008 $24,843 Contact Doug Carter (386)446 -6780 (0 Lake Kissimmee State Park Firebreak Deduction 2008 $8,870 Contact: Erik Egensteiner (g) Guana Tolomato Mantanzas Nerr Guana River 2008 $24,999 Contact: Forrest Penny (h) Atlantic Ridge Mulching 2009 $19,700 Contact: Robin Rossmanith (772)263 -3749 (i) Myakka River Hydraulic Restoration 2009 $19,733 Contact: Jon Robinson(941)361-6515 (j) Favor Dykes Fireline Clearing 2009 $6,275 Contact: Doug Carter (386)931 -4124 (k) Myakka River State Park Low Water Crossings 2010 $19,733 Contact: Jon Robinson (941)361 -651 5 (19) FLORIDA DEPARTMENT OF TRANSPORTATION (a) Ditch and Canal Cleaning /Clearing Fourth Year Contract 2006 $212,940 Contact: John Anderson (863)674-4027 (b) Ditch and Canal Cleaning /Clearing Fifth Year Contract 2007 $40,646 Contact: John Anderson (863)674 -4027 (c) Ditch and Canal Cleaning/Clearing 2007 $32,167 Contact: John Anderson (863)674 -4027 (d) Delineator Installation 2007 $11 7,990 Contact: Richard Nethercote (407)532 -3999 (e) US 1 Flume Installation 2007 S66,987 Contact: Mark Harper (321)690 -3250 (20) FLORIDA DEPARTMENT OF TRANSPORTATION 1 109 South Marion Avenue MS 2026, Lake City, FL 32025 -5874 (a) Construct Concrete Sidewalk CR 159 150,987 Contact: Patsy Elkins (386)758 -3703 2009 72 of 189 (21) FLORIDA DEPARTMENT OF TRANSPORTATION 719 5. Woodland Blvd, Deland, FL 32720 (a) Sandlake Road Pipeline $1,807,902 Contact: Alan Hyman (386)943 -5517 (b) Concrete Driveway SR520 $8,060 Contact: Mark Harper (321)639 -5747 2009 2009 (22) FL DEPARTMENT OF TRANSPORTATION 801 N. Broadway Avenue, Bartow, FL 33831 (a) Eradication of Pepper Trees $448,125 Contact: Rob Dwyer (863)519 -2598 (b) SR35 Pipe Lining Hardee County 2010 $1,425,012 Contact: Ella Rice (863)519 -7567 (c) Safe Routes to Schools 2010 $161 ,850 Contact: Jason Bordner (386)961 -7047 (23) FLORIDA FISH WILDLIFE 1239 SW 10" Street, Ocala, FL 34474 Contact: Justin Ellenberger (904)825 -6877 (24) FLORIDA INLAND NAVIGATIONAL DISTRICT 1314 Marcinski Road, Jupiter, FL 33477 -9498 (a) NASA Clear and Grubbing $217,868 Contact: David Roach (561)627 -3386 (25) GEOSYNTEC CONSULTANTS, INC. 5901 Broken Sound Parkway, Ste.300, Boca Raton, FL 33487 (a) LC -34 Clearing Site I, H Ill S1 7,850 Contact: Jim Langenbach (561 )995 -0900 (b) LC -34 Shed Mowing $3,270 Contact: Jim Langenbach (561)995 -0900 (27) THE KERN COMPANY 700 Island Landing Drive, St. Augustine, FL 32095 (a) L.T.C. Ranch Road Ditch Mowing $22,690 Contact: Jim Kern (904)829 -1515 (28) MISCELLANEOUS SMALL PROJECTS FOR VARIED CLIENTS (a) 120,190 (b) $25,631 (c) $11,800 (d) 35,000 2005 -2006 2007 2008 2009 2008 2008 2009 (26) KELLOGG BROWN ROOT SERVICES, INC. 4100 Clinton Dr., Houston, TX 77020 (a) Clear Grub Eastern Processing Facility 2006 $79,900 Contact: Michael Mays (321)853 -6141 (b) Mowing Pepper Trees 2006 $1 2,900 Contact: Michael Mays (321 )853 -6141 2009 (29) PBSBJ 482 South Keller Road, Orlando, FL 32810 (a) Yankee Lake Mowing 2006 $17,800 Contact: Lisa Munsch (407)647 -7275 (b) Yankee Lake Mowing Fire Lines 2007 S11,641 Contact: Jason Brancamp (407)647 -7275 (c) Yankee Lake Mowing 2008 18,208 Contact: Carey Lynn (407)806-4518 73 of 189 (30 SEA RAY BOATS 200 Sea Ray Drive, Merritt Island, FL 32953 (a) Structural Frame 515,500 Contact: Kevin Jackson (321)459 -2930 (b) Door Replacement 54,499 Contact: Kevin Jackson (321)459 -2930 (c) Work Platform 525,155 Contact: Kevin Jackson (321)459 -293 (d) Concrete Pad 514,850 Contact: Kevin Jackson (321)459 -2930 (e) Concrete Demo 59,890 Contact: Kevin Jackson (321)459 -2930 (f) Drywall Repair 52,593 Contact: Kevin Jackson (321)459 -2930 (g) Remove /Replace Concrete Pad 56,944 Contact: Kevin Jackson (321)459 -2930 (h) Wall Panel Install $3,498 Contact: Kevin Jackson (321)459 -2930 (31) SPACE GATEWAY SUPPORT CAPE CANAVERAL AFS P.O. Box 21237, Mail Code SGS -320, Kennedy Space Center, FL 32815 Contact: Bill Godbort (321)867 -7887, John Prieth (321)867 -7822 Contact: Scott Theobald (321)867 -21 71, Mike Adams (321)867 -4458 Contact: Mark Forsyth(321)867 -8825 (32) SOUTH FL WATER MANAGEMENT DISTRICT P.Q. Box 24680, West Palm Beach, FL 33416 (a) Mowing Dupuis Reserve 550,000 Contact: Bert Trammell (561)927 -5310 (b) Melaleuca Mowing Moore Haven 2006 $166,670 Contact: Steve Smith (561)845 -5525 (c) Dupuis Mowing 2007 549,980 Contact: Bert Trammell (561)924 -5310 (d) Mowing Grinding Services Dupris Reserve 2008 549,500 Contact: Bert Trammell (561)924 -5310 (33) TETRA TECH 661 Anderson Drive, Pittsburg, PA 15220 (a) NASA Kars Park Mowing 53,900 Contact: Chris Newman (412)921 -8530 (b) Kars Park Mowing Phase it $21,800 Contact: Chris Newman (412)921 -8530 (c) Tetra Tech LC -39 $1,900 Contact: Chris Newman (412)921 -8530 (d) Fluid Service Road Mowing 58,200 Contact: Chris Newman (412)921 -8530 (e) Test Develop. Lab Mowing 58,300 Contact: Shawn Staff (412)921 -8874 (f) Various Sites Clearing Contracts 522,698 Contact: Chris Newman (412)921 -8530 (g) Evasive Species Removal 525,000 Contact: Chris Newman (412) 921 -7090 2006 2007 2007 2007 2007 2008 2008 2008 2006 2006 2007 2007 2007 2008 2009 74 of 189 (34) TICO AIRPORT AUTHORITY 355 Golden Knights Blvd., Titusville, FL 32780 (a) Hurricane Damage Repair Hangar 50 $286,145 Contact: Scott Carr (321)267 -8780 (35) TOWN OF INDIALANTIC 216 5Th Avenue, Indialantic, FL 32903 Contact: Chris Chinault (321)984 -3867 (36) TOWN OF MELBOURNE BEACH 507 Ocean Avenue, Melbourne Beach, FL 32951 (a) Melbourne Beach Shoreline Restoration 2007 $103,778 Contact: Jim Bursick (321)724 -5860 (37) VMS, INC.- 245 East Drive, Suite 101, Melbourne, FL 32934 Contact: Treva Gates (321)733 -0052, David Wright (321)733 -0052 1 D. PROTECTS IN PROGRESS AS OF DECEMBER 31, 2010 1 (1) BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS 2425 Judge Fran Jamieson Way, Viera, FL 32940 a) Space Coast Stadium 209,936.00 (b) Sidewalk Maintenance 841,824.00 (2) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 13208 SR 72, Sarasota, Fl 34241 (a) Dunn's Creek State Park $34,938.00 Contact: Jason DePue (407) 884 -2000 (3) FLORIDA DEPARTMENT OF AGRICULTURE DIVISION OF FORESTRY 8431 South Orange Blossom Trail, FL 32809 (a) Wekiva Spring Park 4,736.00 (b) Sarno Road 25,606.00 (4) FLORIDA INLAND NAVIGATIONAL DISTRICT 1314 Marcinski Road, Jupiter, FL 33477 -9498 (a) Brevard and Indian County Mowing 189,300.00 Contact: Gifford Frazier (407) 856 -6518 Contact: Clifford Frazier (407) 856 -6518 2007 75 of 189 23 OBJECTIVE EMPLOYMENT EDUCATION To achieve a position in middle management and or sales position in the construction field. Project Manager 1998 present SANTA CRUZ CONSTRUCTION, INC. MERRITT ISLAND, FL Locate acceptable work, gather information to solicit a quotation, hire qualified personnel and supervise all work until completion of job. To create awareness of Santa Cruz Construction, Inc. in Northwest Florida. Outside Electrical Sales Representative 1993 -1998 HUGHES SUPPLY, INC. ME LBOURNE, FL Electrical liaison between the contractors and Hughes Supply. Duties included job quoting, customer service, ordering of goods, and growing contractor account base. Regional Sales Representative AMERtCAN FROZEN FOODS Regional Manager for in home food planning. Helped establish new and maintain existing accounts in Central Florida. Bachelor of Business Administration 1988 -1992 STETSON UNIVERSITY Major: Business Administration MTnar.' Marlagerimeht REFERENCES Available upon request. Lance William Rodriguez 3003 Sweet Pine Drive Melbourne, Florida 32935 (321) 757 -3572 1992 -1992 ORLANDO, FL 76 of 189 EXPERIENCE: July `96 Present August `95 July `96 Dec `94 August `95 Summers: 1994 1986 -1993 COMPUTER SHILLS: CERTIFICATIONS: DACKS CANNON RODRIGUEZ 409 Entrance Way Melbourne, FL 32940 (321) 757 -9058 CGC15I0545 (inactive) EDUCATION: Florida Institute of Technology Melbourne, FL B.S. Civil Engineering (w/ Honors), December 1994, GPA 3.1/4.0 M.S. Civil Engineering (wi Thesis), May 2001, GPA 3.2514.0 Passed E.I.T. Exam, December 1994 Relevant Courses: Soil Mechanics, Fluid Mechanics, Foundation Engineering, Foundation Design, Timber Structures, Engineering Materials, Highway Design, Surveying, Wastewater Water Treatment, Construction Cost Estimating, Reinforced Concrete Design, Structural Analysis, Construction Engineering, Urban Hydrology, Numerical Groundwater Modeling, Coastal Structure Engineering, Structural Systems, Well Design, Geotechnical Engineering Santa Cruz Construction, Inc.- Merritt Island, FL Vice President estimating, quantity takeoffs, price takeoffs, material, equipment and subcontractor procurement, job inspection, site inspection, supervision and coordination of multiple construction projects University of North Alabama nce, Graduate Assistant Baseball Coach Flore (MBA AL Program) Santa Cruz Construction, Inc. Estimator/Project Manager estimating, quantity takeoffs, price takeoffs, material, procurement, job inspection, site inspection, supervision and coordination of construction site Santa Cruz Construction, Inc. Jr. Estimator estimating, quantity takeoffs, price takeoffs, material, procurement, job inspection, site inspection Laborer/Landscaper surveying, sodding planting of shrubs and trees, irrigation installation, landscape maintenance, land clearing, placing concrete, carpentry, equipment operator, demolition Microsoft Excel, Microsoft Word, Microsoft Power Point, Word Perfect, QuatroPro M.O.T. Supervisor (Advanced Training), Competent Person (Trench Safety), Stormwater Management Inspector (Stormwater, Erosion, Sedimentation) 77 of 189 Paul J. Bonville P.O. Box 410705 Melbourne, Florida 32941-0705 (321) 242 -8211 EMPLOYMENT Chief Project Estimator May, 2003 Present Santa Cruz Construction, Inc. Merritt Island, FL EDUCATION REFERENCES Project Manager June 2001,- May, 2003 Merritt Island Heat and Air. Inc. Merritt Island, FL Vice President 2001 SANTA CRUZ CONSTRUCTION, INC. Building lnspectorlSenior Plans Examiner BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS Quality Control Management U.S. ARMY CORPS OF ENGINEERS Civil Engineering Technology UNIVERSITY OF CENTRAL FLORIDA Grade Point -3.2 Civil Engineering Technology; Associate of Science BREVARD COMMUNITY COLLEGE Grade Point -3.5 Available upon request. August 1979 June MERRITT ISLAND, FL Manage overall quality control, field personnel, estimating with negotiations to 1.5 million with federal agencies and subcontractors. Bid and complete projects to 5 million. Perform or supervise preparation of flow charts, progress schedules, materiel submittals, etc. Reviewed all commercial plans for code compliance, conducted field inspections, directed other plans examiners and formulated local ordinances for the building official. Carpenter (with the companies listed below) 1965 -1974 GATHER INDUSTRIES, INC. BONITZ CONSTRUCTION COMPANY PORCH CONSTRUCTION COMPANY BONVILLE HOME IMPROVEMENT CORPORATION 1977 1979 ORLANDO, FLORIDA 1975 1977 COCOA, FLORIDA 78 of 189 1978 1979 VIERA, FL PERSONAL DATi NAME: MARITAL STATUS: SECURITY CLEARANCE: EDUCATION: WORK HISTORY 1975 to Present 1971 to 1975 1966 to 1971 1962 to 1966 RESUME John Raymond Rodriguez Married; Two Children Secret; July 11, 1962; Patrick Air Force Base, Florida B.S. I.E. Georgia Institute of Technology Certified General Contractor (CG CO04606 Florida) Santa Cruz Construction, Inc. Merritt Island, Florida (President and Sole Owner) Founded Santa Cruz Construction, Inc., a general contract- ing firm in 1975 and have managed it to this date. Santa Cruz Construction, Inc. does some 7 to 8 million dollars in sales for clients such as; NASA, Air Force, Corps of Engineers, Navy, Coast Guard, Department of Interior, General Services Administration and Southern Bell Telephone and Telegraph. Our projects have ranged from specialized structures for the space program for NASA to miles of underground fiber optics for Southern Bell Telephone Telegraph Company. Santa Rosa Corporation Orlando, Florida (Vice President of Construction) Managed development firm for principles in central Florida. Projects ranged from 15 to 20 million under my jurisdiction from concept to structure completion. The Boeing Company Cape Kennedy, Florida (Facilities Engineering and Construction Management) Ground Support Senior Engineer; Managed engineering group on Saturn Apollo Program. Some of the responsibilities were: 1. Establishing procedures by which construction firms would implement the basic engineering and modifications. 2. Cost and schedule monitoring to assure attainment of project;s goals. 3. Engineering coordination between design organizations and construction firms. 4. Preparation of field engineering to modify and /or correct basic engineering descrepancies. Martin Marietta Corporation Cape Kennedy, Florida (Missile Research Development Contractors) Facilities Intergrator and Lead Engineer; responsible for management of engineering group which coordinated all areas of engineering and construction between the Air Force and The contractor, on the Titan III program. 79 of 189 Resume: John R. Rodriguez continued- Some of the prime responsibilities were: 1. Negotiations with Air Force Representatives on engineering modifications. 2. Indoctrination and assignment of responsibilities to engineers, draftsmen, coordinators technicians. 3. Direct the establishment and maintenance of engineer- ing drawings, specifications and cost estimates. 4. Projection of department's involvement in future programs both functionally and administratively. 1958 to 1962 E.C. Ernst, Inc. Washington, D.C. (Electrical Engineers and Constructors) Southeastern Construction Engineer; worked out of Atlanta office; managed all construction in southeastern United States. Responsibilities were: 1. Manpower and equipment scheduling. 2. Supervision of all field personnel. 3. Coordination between firm and government and/or other contractors, on engineering and schedules. 4. Estimating and contract negotiating on all Govern- ment contracts. 1956 to 2958 Carier Corporation Syracuse, New York (Air Conditioning Engineers) Field Engineer; supervised installations in commercial and industrial projects in southeast United States. 1955 to 1956 John J. Harte Atlanta, Georgia (Architects and Engineers) Translator and Draftsman; prepared and translated all specifications into Spanish on proposed projects in Equador. 80 of 189 Dacks From: Debbie Krueger ldkrueger@cityofsebastian.org] Sent: Friday, March 11, 2011 8:03 AM To: Michael Schlitt; shaneb2055@aol.com; estimating@gibbsandregister_com; mdavitt @titanamerica.com; scci@santacruzconstruction.com Cc: gbarkett @sbsengineers.com Subject: FW: CR 512 Landscaping Drainage RFI To all bidders Below is a response to Santa Cruz question. Question #5 Electrician is the 1st wage rate on page 1 of hand out at pre bid. Rate is $23.15, Fringe $8.10. FYI, today at noon, is the cutoff for questions. Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772- 388 -8202 Fax #772 388-8247 email address: dkrueper(d cityofsebastian. aro From: Geoffrey Barkett Finailto:abarkett sbsenoineers.coml Sent: Friday, March 11, 2011 7:17 AM To: Debbie Krueger Subject: RE: CR 512 Landscaping Drainage RFI Debbie: Answers to the below questions: 1. There are no specifications for the well. It must be of adequate size/depth to provide the water to irrigate the two landscape islands 2. The bid sheet is correct 9,583 sf of Floratam 3. For Roseland the lump sum item is 1 Landscape item 5000 sf 1 Barber Fleming are 2 landscape islands 5000 per island 4. For Fleming and Barber the crosswalk on the west side of the intersection is to remain "as -is Just stamp the asphalt in the road and the concrete in the median "nose 5. City of Sebastian will need to answer Geoffrey Barkett Schulke, Bittle Stoddard LLC 1717 Indian River Boulevard, Ste. 201 Vero Beach, Florida 32960 (772) 770 -9622 phone (772) 770-9496 fax 1 81 of 189 Fax #772- 388 -8247 email address: dkrueverr. citvofsebastian.orc From: Matthew Karash jmalito :MKarashAaibbsandregistencornj Sent: Friday, March 11, 2011 11:02 AM To: Debbie Krueger Cc: Woody Cheesman Subject: Questions Regarding Sebastian Blvd (CR512) Landscaping and Beautification Project Debbie, Please find the following questions regarding the Sebastian Blvd (CR512) Landscaping and Beautification Project; 1. Will the handout issued at the mandatory pre -bid be formally issued as an addendum so all bidders can acknowledge in their bids? 2. Will the questions answered via email be issued in an addendum so all bidders will have to acknowledge? 3. Question #4 in your email dated 3/11/11, the FOR directs us to stamp the existing concrete. Can he provide technical literature on how this is to be accomplished? Or, is it the intent to have the contractor sawcut joints in the existing concrete to mimic the stamped asphalt pattern? Please advise. 4. Are there any MOT time restrictions for hours of work? 5. Since there will be construction in the intersections, will there be off -duty police officers required? Will this be paid for per FDOT specification? if so, please provide the appropriate pay item for this work. 6. I cannot find a description of pay items in the specifications. Please provide. 7, The plans indicate electrical directional bores at all intersections, plus some direct bury conduit at the Roseland Road intersection. There are no electrical pay items directional bore or electrical underground conduit Please provide these pay iterns. 8. Are the plans available in a pdf format? It is very difficult to read the notes on Sheet 6A. Respectfully, Matt Matthew R. Karash, P.E. Senior Estimator Gibbs Register Inc. (407) 654 -6133 (407) 905 -2941 FAX mkarash6Dgibbsandregister.com Jh 1r_Ai -iq� r �'r T F�N .r;ir ia ii ".N y r ;r£ l.. 1. 1 �7r r:r.: T`e: 'i5.... :C' 1 =<J8 ...'i :can �`]�'�lir.. f: 7. 2.^ :5 ".1`£=f1C:::i ��n t'1 e= of the o rti ;t ad l �f'l�'['� .S.i L ":P "fir �E[st •4 -,r .�.Sd i- i.. ;:T T rite;'( are r n r f I g;, d;� ed �s�•le>1t, yr a.e 1 ;�'re::y t [;.a: a:'y atr:t;utl=rn ar copylr r 7 :nsr�I:3i�..i. c 7 I h�C; *a ::'6 ,c�, E �S4•=:' e. r.Tr :.rimef.Yr eiy !epI lc: t e C.e :df trot /Cu have this �:Vn ..-�•;r.l•`;3i'.��' r ,:r a rheh ;iCi2.i•?, 2 82 of 189 Dacks From: Debbie Krueger [dkrueger @cityofsebastian.orgj Sent: Monday, March 14, 2011 9:45 AM To: Michael Schutt; mdavitt@titanamerica.com; Matthew Karash; scci@santacruzconstruction.com; shaneb2055@aol.com; estimating [agibbsandregister.com Cc: gbarkett[csbsengineers.com Subject: FW: CR 512 Landscaping Drainage RFI #2 To all bidders Answers to questions below from SCCI Construction. 2. The warranty period is one (1) year, Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772- 388 -8202 Fax #772- 388 -8247 email address: dkrueger(citvofsebastian.orq From: Geoffrey Barkett mailto :abarkettasbsenaineers.comi Sent: Friday, March 11, 2011 1:16 PM To: Debbie Krueger Subject: FW: CR 512 Landscaping Drainage RFI #2 Debbie: 1. The mulch must be Grade A recycled As required by FOOT 2. City to answer Geoffrey Barkett Schulke, Bittle Stoddard LLC 1717 Indian River Boulevard, Ste. 201 Vero Beach, Florida 32960 (772) 770 -9622 phone (772) 770 -9496 fax PLEASE NOTE: This information is provided solely for your convenience only; SCHULKE, BITTLE STODDARD LLC makes no representations or warranties, either express or implied, as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources, For this reason, SCHULKE, BITTLE STODDARD LLC, its managers and or employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this information by your firm, employees, agents or sub contractors. 1 83 of 189 Any use of the file provided herein constitutes acceptance of the provisions stated herein. The information contained in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated. From: Darks fmailto:scciftelisouth.net1 Sent: Friday, March 11, 2011 1:12 PM To: dkruegerOcityofsobastlan.org; Geoffrey Barkett Subject: FW: CR 512 Landscaping Drainage RFI #2 Ms. Krueger, Santa Cruz Construction, Inc. has a few more items we request clarification: 1. With regard to the mulch, the plans call for a Grade A recycled mulch and Section 580 -8 of the specifications calls for "wood chips (no Cypress mulch), pine straw, compost or other suitable material Could you please clarify what you are specifying for mulch? 2. What is the warranty period as it relates to the irrigation and landscaping? Thank You, Dacia Rodriguez Vice President Santa Cruz Construction, Inc. 321 -452 -3190 Office 321- 459 -3358 Fax scci@santacruzconstruction.com From: [lacks fmailto:sccifa bellsouth.netl Sent: Thursday, March 10, 2011 3 :53 PM To: 'dkrueger©cityofsebastian.org'; 'gbarkett[@sbsengineers.com' Subject: CR 512 Landscaping Drainage RFI Ms. Krueger, Santa Cruz Construction, Inc. respectfully requests clarification on the following items: 1. On Sheet 5 —The Pump Station Detail dictates to "Construct well per specifications... Please advise as to where are these specifications or what size and depth is the well. 2. Sheet 4 notes that there is 9,583 sf of flaratam sod yet the bid form requests 11, 851 sf. Please advise as to which is correct. 3. Attachment 7 Bid Sheet, Page 3 requests a quote for 5,000 sf of mulch with one (1) landscape island yet the other two locations also request a quote for 5,000 sf with two landscape islands each. Please advise which is correct. 4. Sheets 2A and 3A call for "Reconstructed crosswalk shall comply with..." does this require the contractor to remove the existing concrete walk and replace with new concrete or 'stamp' the existing concrete? 5. The Davis -Bacon Wage Rate does not have a wage rate for Electricians. Please advise. Please do not hesitate to contact us Is you have any questions. 2 84 of 189 hacks From: Debbie Krueger [dkrueger @cityofsebastian.org] Sent: Monday, March 14, 2011 9:34 AM To: Matthew Karash; Michael Schlitt; mdavittttitanamerica.aom; scci@santacruzconstruction.com; shaneb2055 @aol.com; estimating [r@gibbsandregister.com Cc: gbarkett©sbsengineers.com Subject: RE: Questions Regarding Sebastian Blvd (CR512) Landscaping and Beautification Project To all bidders Answers to questions below from Gibbs and Register. 3. To clarify the "stamped" issue of the existing concrete median "noses" on the west legs of Fleming and Barber the specifications are on Sheet 68 4. MOT Restrictions Assume daytime operations only 5. There will no off -duty police officers required. 6. The desciption of pay items can be found an bid sheet. 7. price to be included in item FD.51 BD.51 RD.5 Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772 368 -8202 Fax #772 386-8247 email address: dkruegerawifyofsebastian. o g From: Debbie Krueger Sent: Friday, March 11, 2011 11:29 AM To: 'Matthew Karash'; 'Michael Sc 'mdavitt @titanamerica.com'; scd @santacruzconstructioon.com'; 'shaneb2055@aoll.com'; estimating @gibbsandregister.com' Cc: abarkettcsbsengineers.com Subject: RE: Questions Regarding Sebastian Blvd (CR512) Landscaping and Beautification Project To all bidders: I have forward the below technical questions to our engineer, and will send the answers to you upon receipt. I will address questions 1, 2 8 now 1. No there will not be a formal addendum to the bid, as it is already included in the LAP section. The bid document directs the reader where to go for the wage statement. The handout was a courtesy copy. 2. No the questions answered will not be issued in an addendum, as there were no changes to the plans just clarifications, and I have confirmation from the emaits provided at the mandatory pre -bid of receipt of the answers from all entail addresses. 8. The plans in pdf format were sent to estimatinq@qibbsandreoister.com on March 2, 2011. I will forward that email to you Matthew. However, it is a rather large file. Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772- 388 -8202 1 85 of 189 Sincerely, Darks Rodriguez vice President Santa Cruz Construction, Inc. 321-452-3190 Office 321 459 -3358 Fax scci@ santacruzconstruction.com 3 86 of 189 Dacks From: Debbie Krueger dkrueger@cityofsebastian.org3 Sent: Friday, March 11, 2011 11:29 AM To: Matthew Karash; Michael Schlitt; mdavitt @titanamerica.com; scci©santacruzconstruction.com; shaneb2055 c@Daol.com; estimating@gibbsandregister.com Cc: gbarkett@sbsengineers.com Subject: RE: Questions Regarding Sebastian Blvd (CR512) Landscaping and Beautification Project To all bidders: I have forward the below technical questions to our engineer, and will send the answers to you upon receipt. I will address questions 1, 2 8 now. 1. No there will not be a formal addendum to the bid, as it is already included in the LAP section. The bid document directs the reader where to go for the wage statement. The handout was a courtesy copy. 2. No the questions answered will not be issued in an addendum, as there were no changes to the plans just clarifications, and I have confirmation from the emails provided at the mandatory pre -bid of receipt of the answers from all email addresses. 8. The plans in pdf format were sent to estimating @Qibbsandregister.com on March 2, 2011. 1 will forward that email to you Matthew. However, it is a rather large file. Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772- 386 -8202 Fax #772- 388 -8247 email address: dkrueoer(citvofsebastian.arg From Matthew Ka rash ma iltoo: MKarash(agibbsandregister.comj Sent: Friday, March 11, 2011 11:02 AM To: Debbie Krueger Cc: Woody Cheesman Subject: Questions Regarding Sebastian Blvd (CRS12) Landscaping and Beautification Project Debbie, Please find the following questions regarding the Sebastian Blvd (CR512) Landscaping and Beautification Project: 1. Will the handout issued at the mandatory pre -bid be formally issued as an addendum so all bidders can acknowledge in their bids? 2. Will the questions answered via email be issued in an addendum so all bidders will have to acknowledge? 3. Question #4 in your email dated 3/11/11, the FOR directs us to stamp the existing concrete. Can he provide technical literature on how this is to be accomplished? Or, is it the intent to have the contractor sawcut joints in the existing concrete to mimic the stamped asphalt pattern? Please advise. 4. Are there any MOT time restrictions for hours of work? 5. Since there will be construction in the intersections, will there be off -duty police officers required? Will this be paid for per FDOT specification? if so, please provide the appropriate pay item for this work. F. I cannot find a description of pay items in the specifications. Please provide. 7. The plans indicate electrical directional bores at all intersections, plus some direct bury conduit at the Roseland Road intersection. There are no electrical pay items directional bore or electrical underground conduit. Please provide these pay items. 1 87 of 189 8. Are the plans available in a pdf format? It is very difficult to read the notes on Sheet 6A. Respectfully, Matt Matthew R. karash, P.E. Senior Estimator Gibbs Register Inc. (407) 654-6133 (407) 905-2941 FAX mkarash@gibbsandregister.com CCA■FiDENTIAL;T\ NOTE file r! Pus ne ;:•'1. ar i'otd 1'01 th r 0 readi 1 !e3.1 you "11 CUt:C20 01 !DT f.h-s .itrlfAIV 11 err: rep! ,'10 soodi tliat vriL tf V0k. 2 88 of 189 May 5, 2011 HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5330 FAX (772) 589 -5570 Florida Department of Transportation Mr. Ricardo Castro and/or Ms. Ellen Daniel Local Agency Program Coordinator Atkins North America 3400 West Commercial Boulevard Ft. Lauderdale, Florida 33309 Reference: FAN: 418031- 1 -58 -01 Landscaping Improvements on CR512/Fellsmere Road from W -E fork to City Limits. Dear Mr. Castro and/or Ms. Daniel, The City of Sebastian is seeking approval from the Florida Department of Transportation to proceed with the construction phase of this project. Attached are revisions to the above project resulting from the right -of -way permit issued from Indian River County. Attachments are as follows: L Bid Tabulation March 16, 2011 2. Indian River County Right-Of-Way Permit Issued April 20, 2011 3. Construction Plans Revised effective April 20, 2011 4. Revised Quantity Price Bid Sheets Received May 5, 2011 Attached is the bid tabulation from the bid opening on March 16, 2011. There was a substantial difference in the price quotes we received from the two (2) bidders, therefore we subsequently sent the lowest bidder the required revisions, and have attached the entire package for approval to proceed. If we can receive department approval by May 16, 2011, we can then seek approval from our City Council on May 25, 2011. Pending these approvals, we have tentatively scheduled the Pre Construction Meeting and issuance of Notice to Proceed for June 1, 2011. If you have any questions, or need further information, please feel free to contact me at 773 -288- 8202. Sincerely, Debra Krue er, CGFO Administrative Services Director 89 of 189 CC N O co 90 of 189 GIBBS REGISTER (Winter Garden, FL) TOTAL I 1 00.000'%4$ 1 oo- 000'54$ 1 oo'ozo' .3 I 1 00 £09'f$ 1 100•oo4`z$ •e r.d 1 ONId1ILLS 1 o0'0ZL'94$ 1 00'09$ 1 00.02 L`9$ L00.09$ U. 1 8DVNIv a I I00'009'4$ oo•oog$ $24,000.04 04 000' 00'000'£$ 00 0o o04' 00'009$ 00'0L6'Z$ J 00'000'9$ 00"00$` l$ r $3,400.00 $11,000.00 D0'009'Z3 J 1 00'ogL$ J 1 oo'ogZ$ J 1 00'09$ J 1 DOEOoO' L$ r $1,000A0 $1,500.00 1 oo•oz$ L0o'oo4$ 1 oo I 0o'OOO'9t 00'008` 4$ 00'000'44$ 00'0OL' L$ oo•oog'Z$ 1 00 000`44$ 00 000'9 LS 00'13 1 00 LL$ 00 4$ SANTA CRUZ CONSTRUCTION (Merritt Island, FL) 1 00'006'4S $5,561.00 1 1 OZ'£L9$ 109'££6`9$ 00 1• 96'LLZ'64$ L99'946'9$ 1 9L 017 'CZ 4`L$ 90'414' 00'Z99'91$ 09'6 48'£$ 1,460.42 $2,696.16 00'608'Z$ 99'4 L£$ 99"Z69`£$ 00'Z6E`g$ 04'£Z4'4$ 00'969'Z$ Z8'Z 49'£$ 00'669$ ,K O 6 !LYS 1 OL L9g$ I £4 zb$ 1 061%86$ 80'9PE` It L Z'0£L$ 60 8Z$ Z£'6£$ Z£'6£$ 1 00'Z6£`9$ ot'£Z4'4$ $1,906.41 $2,696.00 00 UNIT BID 1 oo•o06 91 100 49`x3 E s� 1 99 0$ I di 144'04$ —L AO 69• L$ AS 99 £L$ £8•L9$ L I 3l AS AS si I si 91 Sl FLEMING As 1 AS 1VLO18fS CV C11 004 1 V CNI CV 00 4 66 r N 1 SUB1 I ozo' L I 699 001. Lens Z9Z Z04 ITEM) DESCRIPTION C LEARINGIGRADII 1 uogez! oy1 1 lout L aauaj 11!S Import Fill/Place J 6ulpea0 Stamped Asphalt Crosswalk (NarthlSouth)West Sides) Stamped Asphalt Crosswalk (East Side) lalullulse8 gale° enoweb+ I Remove Concrete Flumes dO>f1 1 Construct Flumes Mitered End Section Type 'C' Catch Basin ,.4un0 I Me+ti P Si 1Sidewalk" (East Crosswalk) I Re- Construct Curb Ramp IRe- Construct Curb Ramp" (East Sidewalk) Pedestrian Control Signal Assembly Curb Ramp Detectable Warning (North /South/West Sides) _Curb Ramp Detectable Warning (East Side Median) L VVd I� Z'Hj 1 "Id 4'dd L 9 -vd 1 L 8j I Z'8j L 'Oj z 1 £'Oj t'Od 9'O3 9'03 L ad 9'Od 6•Od OL'OL L L'Oj 4'Od ZL•Od irLO� CC N O co 90 of 189 J LL c C t6 dJ 2 J— Q 0 H 4 0 F 0 z M 0 8 0 O O 0 0• 0 0 O O to to N W 0 O 0) of 0 3 M 6 44 69 69 N 0 fR 0) N VI N J J f0 171 0) r r O r 0 0 M 1(} M FR O LL 0 0 0 0 0 1ti tor N LL 0 0 0 0 r M 0 0 0 0 S 49 0 u. u- 0 O 0 8 0) 49 1$) 0 LL a 0, 0 0 8 4�f 0 0 0 N Vi 0 J m 14 E 0 0 0 o f0 0 0 47 N 49 a 0) as, in 44 0) 49 E ly 0. .0 .0 0 0 0 In F- op w N fR a h� 0) rn t14 0 n fA 0 0 0 0 69- 0 0) d! 0 r- 4 44 6 m 0 01 D 0 0 0 N 91 of 189 N (0 2 2 to a) cc v CL 10 N a) Q d t a) U Q L 0 117 LL cc 92 of 189 cO CNJ CC co 93 of 189 r N [0 r t i 5 N N CC U CD 0 LL r N 9 0 U 0) a d c 0 co U t 0) U d 5 N U N CL IL 4.0 SURVEY 00 l$ 100 008` l.$ aa 09'09L$ 00'$L9$ 00'099$ c c d r in N a C LL Indicates items associated with the installation and operation of the east leg crosswalk, including the two pedestrian control signal assemble, 'F' -curb, stamped asphalt, curb ramps, sidewalk etc. 0 0 0 in $215.00 $6.25 $3,90 ]NSTRUCTION and, FL) TOTAL $3,039.12 1 00 556$ SUBTOTA BARBE'4 3 i �f ;693M $598.00 $994.00 $764.40 $955 0701 £9'90$$ Z6'£$ 0 I•'L$ 09'60 I. w 9 561 Oti4 BARBER DESCRIPTION Sod r adeaspuel Directional Bore for Irrigation Line Mulch Irrigation Estimate Pump !Well /PipeJFittingsfHousing) Construction Layout N Q N c {4 Landscape shall include the following materials: Cabbage Palm Indian Hawthorne Sand Cordgrass 1 Z• I 1.32 or !LI m cO CNJ CC co 93 of 189 r N [0 r t i 5 N N CC U CD 0 LL r N 9 0 U 0) a d c 0 co U t 0) U d 5 N U N CL IL 4.0 CC cn LL CC LO CC ro 94 of 189 r 0 CV to 2 N N 0 C O l Y N U u w 0 0 m 0 t Q) U a 5 N O O z 0 0 1-- Ct Z c 0 0 N N ft Q v z J z F z a 0 2 0 co 1- a V 0 0 0 0 r7 Eft 8 0 0 of 0 0 n 0 0 4. m N J 0 0 K 0 6 49 0 0 p- c M 44 0 0 n ri t,et CO) J m ui ill CC CC CT 0 8 0 m 0 0 49 0 rn 49 0 vi v 6 8 (ri n a0 49 tO N 4, 0 0 0) m N4 0 r` 49 0 0 Eft 0) ri 0 0 0 Q or) W M ul (IJ op [p M L.C7 05 G r cn o 3 r 69 69 a9. IR N LL (0 0 cC 95 of 189 0 N (0 rzt r 2 N 0 _0 c LL. LL Er N i17 U m 0 V Q 4 0 0 t 0 a> r r� a u7 Addendum #1 CR512 Landscape Improvements at Fleming Barber Roseland Intersections Project C0834 Date: April 25, 2011 To: Santa Cruz Construction, Inc. HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5330 FAX (772) 589 -5570 This Addendum #1 hereby becomes part of the Bid, Procurement Packet for Sebastian Boulevard (C.R. 512) Landscaping and Beautification Project that was opened on March 16, 2011 at 2:OOpm. This Addendum #1 modifies the bid sheets for all three (3) locations, due to changes required for the right -of -way permit. Items attached as part of this Addendum #1 are as follows: 1. Revised Construction Plans 2. Revised Quantity Price Bid Sheets 3. Right -of -Way Permit All other terms and conditions remain the same. V Please resubmit and sign (1) original of this page, as acknowledgement of receipt, along with your revised proposed project costs. Please resubmit revised bid pricing no later than Thursday, May 5, 2011. By: �1 L s- S z o i Dacks Rodriquez, Santa Cruz Cons ction, Inc. Date By: .id (JAI .4-2S= 11 Debra Kru ger, Administrative Services Director Date 96 of 189 zs tiJ CA cc 2 u. 4�L i�L k l�L L s 7 T 00 07 U 4 L L 5 Q (0 tt g 0 J g Q 8 a 2 8 a 07 J i7 w a N t 8 5 N 0 N h K J 0 x 1 0 LL 1-J J r O CO 2 co W 0 0 E N t 8 9 6 8 6 8 t 1 G L 7 OA a y w i] ti LL 97zo 1i9 OP•ez I' L$ s0'cca`c* 1 Oa•szr "9s 03119`LLs I 001* zr'a9r' Ls 1 9o' srs' ti* 9LZLS` Lt 00'0* 00 00•0* 00'4* 000* 1 OO989' 00.1* OLI95s si 'zrs zr'sss vim 1 Lz 'OEL S WOK' Ls r9L'ZL$` 1 YIN I dm r VIM 1 r vim ra0'sek'zs 61 41 1 AI 1 1616 1 Al I AS AS 251 j s, I 81 1 No change sauvtio Nee .AO> y e&J ON eburio i as snowaN 'i+ +a 1 amnowaa 1 aneouwa 1 m8 O °N I anoud 1 1 Of 199* 1 SS'S05T e►'zrs 1 OVIPSet LS'0£LS 1 90100 Ls 6010 Vela I CE's oarseet o £zL`L* I Lr 906`1.3 OO 969`zt 1 00'6683 66 666 31 AS AS S, 2 S, 2 SUBTOTAL I N N Q Y N N 001 CO g r_ N r r iePULAnsuB 4 44 3 0 saturiu aguougio anawea .0£x.61.'dOtiJ 1 1 smogs 10+3 wimpy' r urte8 Liole0 A eal I +t Le8 400 A. 1J 4r1 1 >rs i81 011emsscu 0 rig 3) 5 flemlaPIS L tt d e ginO 1 (Sf OillwaP4S iii] dui Wn01 O (S1 A14wv PAS I 0 U d I *PIS iaNWinO5M1bN) 6 UIWBM 0 1 1 1 2 1- 10 1 11 a al a 4u00 (ueepaW eplg PE31+eM elele0 dured gx7O 1.' I Z'Od £'0d {Or 3J r'a 5'Od 9'0d (e) 9'03 1 L' 04 I 8'O3 1 6'O4 1 0L'04 1 11.'04 1 i 404 j L'O d 1 IF 33 1 zs tiJ CA cc 2 u. 4�L i�L k l�L L s 7 T 00 07 U 4 L L 5 Q (0 tt g 0 J g Q 8 a 2 8 a 07 J i7 w a N t 8 5 N 0 N h K J 0 x 1 0 LL 1-J J r O CO 2 co W 0 0 E N t 8 9 6 8 6 8 t 1 G L 7 OA a y w i] ti LL 97zo 1i9 10r£Zl'15 1 190 1 4o'it 1 +ales foome'ezt 1 •O >101:11 EVO9r it Z99b1'£t i B0i9t T oros eo.t 9L'96 42 L VIN try 1Z'oeis I 9aLs' j Vnh r1h1 91'969'Zt 1 YIN Igtt n W J AS S� n N m N o N Et pL S T r CV v- liax9rts 1 eltumkp oN escmatal attusp oN i 111111 Qu'ai'ls 1 90 00•Zfi9'915 1 40'0 9'€S 91'969ZS ZY'09r' PS' I. LIPS 40 L4r•9E2'85 ZS'ZLI £5 OYEZ1`15 ZgZee'9t 1 9V969'Z* r Zol,11+S 0'6695 0E140 f t•sost cam* 1 90 15 I. 0CLt ErSet $5,392.32 $1,123.40 $1,906.41 91'969'Z* I 0•66et 11 c, I 6g AS dl 1 AS V3 81 81 1 1iD&9ns NN NN Zl 001 r r N 4m* anakued 1 1 1 1z) .MZ dOd1 111 .06 x 61 doll (I ules9 4 .O, aciAl� S Pu3 Vd !Type TY Catch Basin 111 (2.) 119 (s14knO d 1 1x) OffeMssoi0 )NVP!S Rs- Construct Curt Ramp 42) Re-Construct Curb Ramp (East Sidewalk) (2) Pedestrian Control Sipnel Assembly 12) NeP!S iseiWillneSlkilpN) aultimM attlVe1 d2! VinO 1 1'09 Z'O9 '09 IQ) £'a9 4 9 9'09 (p) 9'aB 9'09 L'O9 L 6.353 Z1'O9 11'09 01 1 £4'09 CC 0 u s 14 4 F a It g2 m r r Mit 2 am m gal §13 m m r CA s. N 1 to't O a Nr W BARBER REVISED BID SHEET g P a z z a O li ce z lLE J 8 8 w 8 90 8 RIM ga. h R 8 h J .J 0 to 88 R 8 MIR la ga 888.RS �p H J U W N M t1' ll7 o0f h ti s 8 ki i aa 8 F 0 S a b t co Er 0 N te cc 2 8$ agF W N m 0 N LL 2. N le le n a 8 N J 4 cc J t 4 N J P7 C3 OR V 07 tiq 04 LO G) J 88 8 J J 888 J J CC CC 0 m 0 y 0 E 88g 444 44 t F tt EFIg N h 1 2 1- 0 C3 1- 0 su i I tg 4 tr7 0 V 99 of 189 M 1- O (D Q 0 of a RICK SCOTT COVERNOR Alfred Minner City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Please let me know if you have questions. C.C. FiIc, Eduardo Caballero., Jeffrey LeClairc Florida Department of Transportation! 3400 West C:'nnnenercial Boulevard ANANT1# PRASAP, Fort Lauderdale, FL 333119 SECRETARY May 16, 201] RE.: Bid Concurrence for FM 418031- 1 -58 -01 Landscaping Improvements on CR 512. Mr. Minner, The Department is in receipt of the City of Sebastian's recommendation to award the above referenced project. The bid tabulation documents award to the lowest responsive, responsible bidder. The City was responsible for the pre qualification criteria used for the prospective bidders, with the understanding that the evaluation was based on the contractor's ability to perform the work, experience, personnel, equipment, financial resources, and performance record. Based on the information provided, FDO'T concurs with the City's selection of Santa Cruz Construction, Inc. with a total base bid amount of $256,335.39. The low bidder is not suspended or debarred as confirmed with the General Services Administration's Excluded Parties Listing System (http://'ep ls.arnct.go v). The following items are considered non eligible for reimbursement with Federal funds: FE 2 /BE.27RE.2 As- 13uilts 1 LS $],291.89 $1,291.89 Only eligible items can be reimbursed up to the amount programmed which is $176,100.00 Please provide the Department a copy of the contract between the City and the contractor for final review prior to execution. www.dot.state.tl us Thank you, L. Wetherell, PE District Program Administrator Engineer Program Management Office District 4 100 of 189 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of 2011, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 "City") and {"Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence in order to complete the Project 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 the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall provide the Contractor with one hundred and twenty (120) days to substantially complete the project after the Notice to Process is issued. Failure to complete the project within these time parameters will result in liquidated damages, as provided in paragraph 25 this Agreement. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Design Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Design Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Design Specifications are established to provide detail and design specifications for the Project. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, 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 inferring from them as being necessary to produce the intended results. 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. 101 of 189 c. 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. d. 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. e. Federal and State Funding. Contractor recognizes that this project is funded with federal and state highway transportation dollars and as a result additional compliance and reporting is necessary. Contractor agrees to follow and provide all such required documentation as provided in the Contract Documents. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform the construction services in accordance with the Agreement Documents. 4. DESIGN SPECIFICATIONS AND RELATED DATA. The intent of the Design Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Design Specifications and site conditions, or any errors or omissions in the Design Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or ornission 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. Any correction of errors or omissions in the Design Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Design Specifications, whether intentionally or otherwise, when the same are 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 performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Design Specifications, shall be furnished and executed the same as if they were called for by the sarne. The Contractor will not be allowed to take advantage of any errors or omissions in the Design Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Design, the provisions of the latter shall prevail. 2 102 of 189 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Attachment 7 Bid Sheet consisting of the Contractor's unit prices. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City and payment shall be made within thirty (30) days of receipt. a. 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 a 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. Unit Price. The City reserves the right to increase or decrease the unit amounts at any time. The Unit Price on the Bid Sheet is a fixed rate. The total cost represents estimated quantities to complete the Work. If the City increases or reduces the Work, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, 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, supplies, equipment, tools, transportation, 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 must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back -up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right -of -ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. 3 103 of 189 7. PERSONNEL, The Contractor represents that it will secure at its own expense all personnel and sub Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub- Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 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 sub- Contractors who, in the opinion of 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 sub- Contractor or persons employed by sub Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each other of any complaints received. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Design Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. NI Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Design Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 4 104 of 189 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger 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 documented. 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, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except 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. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and 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. The Contract requires that the Contractor and any and all sub Contractors 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 sub Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide ail 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 tools 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 sub Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. 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, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. 5 105 of 189 The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus 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. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 6 106 of 189 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members 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 the services in this Agreement, 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. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate 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 any 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 -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work 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. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. 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. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, 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 section 287.133 of the Florida Statutes. 22. 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 resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to 7 107 of 189 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. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON- PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non performance /deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each day that the project remain incomplete after the scheduled completion date provided in Paragraph 1. 26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to 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. 8 108 of 189 28. 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: Sally A. Maio, MMC City Clerk 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 to protect the Work paid for by the City but not yet accepted. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written, ATTEST (SEAL): THE CITY OF SEBASTIAN Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Al Minner City Manager Signed, sealed and delivered CONTRACTOR In the presence of: Name: By: Print Name: Name: Name: Title: Print Name: g 109 of 189 Subject: Award Bid to Advanced Recreational Concepts to install Pavilion in East Riverview Park. Approved fo Submittal by: City if a 28ft Manager Agenda No. 64 Department Origin: Finance Director: City Attorney: City Clerk: c +b 1MC 1 Mr, „LAturA i t x- Date Submitted: May 18, 2011 For Agenda of: May 25, 2011 Id 1 inner Exhibits: Bid Tabulation Sheet, Bid Documents, Letter Agreeing To Match Low Bid, References and Drawing EXPENDITURE REQUIRED: $26,600.00 AMOUNT BUDGETED: $50,000.00 APPROPRIATION REQUIRED: None UIY 5tn�.�nI HOME OF PELICAN !MAN b CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Staff sent out bids to furnish and install a 28ft. pavilion in East Riverview Park. Nine companies bid on the project. The low bidder was Playmore West from Ft. Meyers. Florida with a bid of $26,600.00. However Advanced Recreational Concepts of Melbourne, Florida has agreed to match the low bid of $26,600.00 in accordance with the City's local vendor preference. Advanced Recreational Concepts is a reputable company that has done many projects in Florida. Staff will match the new pavilion colors to existing pavilions in the Park. We will also add benches, picnic tables and upgrade the electric for this area of the Park. RECOMMENDED ACTION Move to award bid for installation of a 28ft pavilion in East Riverview Park to the Advanced Recreational Concepts from Melbourne, Florida for $26,600.00. 110 of 189 RE BID TABULATION FOR EAST RIVERVIEW PARK PAVILION. OPEN THURSDAY 5/5/11 2PM Rep Services, Longwood, FL. $27,014.75 Playmore West, Inc. Ft. Meyers, FL. $26,600.00 ARC, Melbourne, FL. $27,870.00 Tresure Coast, Vero Beach, FL. $28,995.00 KorKat /Shane Lanier, Carrollton GA. $28,351.62 Play It Safe, Jensen Beach, FL. $28,600.00 Santa Cruz Construction Merrit Is. FL. $34,987.00 Miller Recreation, Winter Park, FL. $35,176.00 Alternate $26,311.00 Watuga Co. Titusville, FL. $48,840.00 Alternate $39,640.00 111 of 189 May 11,2011 Chris McCarthy cmccarthv City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589 -5330 Main RE: East Riverview Pavilion Project Dear Chris McCarthy, Thank you for the opportunity to bid on the East Riverview pavilion project. We understand that there were bidders that may be lower than us but may have not provided the city with the quality products that we offered for this project. Being that we are a local contractor we would like match the lowest bid of $26,600 price as per the local vendor preference established by the City of Sebastian. Although our office is in Brevard, FL, both our territory manager Jeff Kagan (430 easy street, Sebastian FL) and our construct manager Mark Reed (625 Collins St I Sebastian, FL 32958) are residents of Sebastian. Please feel free to contact me should you have any questions or concerns. We look fo rd to working with you and your team to supply delive and n tall a Pavilion all of us can be proud of. Kindest Rea 9 Lazaro Gorizalez, CSC Vice President Play Space Services, Inc. Advanced Recreational Concepts, LLC Rainbow Turf ProcluctsTM www.arcforida.com www.ra i n bowtu rip rod ucts. corn www.otayspacese rvices.com Your One Source Provider... Turn -Key Projec Corporate Office: 3175 Slc a►• Circle Melbourne, FL 32934 321-775-0605 FAX 321 242 -3220 Toll Free: 866- 957 -7353 1t'iv ii'.:tRC»forida.cony 112 of 189 Parks Recreation Advisory Board recommends this location in the southeast corner of Riverview Park Complex. 113 of 189 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of 2011, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 "City and Advanced Recreational Concepts, LLC, 3125 Skyway Circle, Melbourne. FL 32934 (Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence in order to complete the Project; 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 the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall provide the Contractor with one hundred and twenty (120) days to substantially complete the project after the Notice to Process is issued. Failure to complete the project within these time parameters will result in liquidated damages, as provided in paragraph 25 this Agreement. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Design Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Design Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Design Specifications are established to provide detail and design specifications for the Project. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, 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 he required only to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. 114 of 189 b. 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. c. 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. d. 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. e. Federal and State Funding. If applicable, Contractor agrees to follow and provide all such required documentation as provided in the Contract Documents. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform the construction services in accordance with the Agreement Documents. 4. DESIGN SPECIFICATIONS AND RELATED DATA. The intent of the Design Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Design Specifications and site conditions, or any errors or omissions in the Design Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness 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. Any correction of errors or omissions in the Design Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be 115 of 189 issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Design Specifications, whether intentionally or otherwise, when the same are 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 performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Design Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Design Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Design Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached "Bid Proposal Price Form consisting of the Contractor's specified prices. At time of billing, the Contractor shall submit an invoice with the supporting documents that all work is complete and accepted by the City and that payment shall be made within thirty (30) days of receipt. a. 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 a 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. b. Unit Price. The City reserves the right to increase or decrease the unit amounts at any time. The Unit Price on the Bid Sheet is a fixed rate. The total cost represents estimated quantities to complete the Work. If the City increases or reduces the Work, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 116 of 189 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, 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, supplies, equipment, tools, transportation, 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 must have proof of ownership, or a signed ]ease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back -up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right -of -ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. 117 of 189 The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub Contractor or persons employed by sub Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each other of any complaints received. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Design Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor shall also provide detailed weekly schedules as required by the Design Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10, PROJECT SCHEDULES. The Contractor shall perform the services required by this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger 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 documented. 118 of 189 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, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except 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. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and 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. The Contract requires that the Contractor and any and all sub Contractors 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 sub Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or toss to, all employees on the Work and all other persons who may be affected thereby; all the tools 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 sub Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. 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, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the 119 of 189 necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus 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. 3. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager, 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter 120 of 189 sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members 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 the services in this Agreement, 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. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate 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 any 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 -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work 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. 19. COMPLIANCE WITI I LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. 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. 121 of 189 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, 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 section 287.133 of the Florida Statutes. 22. 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 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. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non performance /deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 122 of 189 25. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each clay that the project remain incomplete after the scheduled completion date provided in Paragraph 1. 26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to 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. 28. 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 to protect the Work paid for by the City but not yet accepted. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party. prior to the start of Construction as provided in the Contract. 123 of 189 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Sally A. Maio, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Print Name: Name: Print Name: Al Minner City Manager Signed, sealed and delivered CONTRACTOR In the presence of: Name: By: Name: Title: 124 of 189 The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted Ls (are) inclusive of any Addenda which may be issued. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. 28 FT. HEXAGON PAVILION PRICE INSTALLATIONCONCRETE PAD PRICE INSTALLATION OF PAVILION PRICE STAMPED ENGINEERED DRAWINGS PRICE TOTAL BID PRICE orized Inatuil Printed Name 'f(s ,0- Cc p -0-- \h(Lry,'ve/ -DINA X1 Title Da e Si Address ned BID PROPOSAL PRICE FORM s 196. 9 S b NOTE: VENDOR W S TOT DELIVERY, INSTALLATION AND C TIME SHALL NOT EXCEED 0 CONSECUTIVE CAL DAYS i3C,42 ci 0 3 rZ] :`C i I P rU t UC--)- "J V L 125 of 189 C rs, ir, Product ID Description O1y Price Total 3028P Litchfield 2r Pittsburgh Hexagonal Shelter, 412 Roof Pitch, 7' 6" Eave I 13,550.00 13,550.00T Height, (6) Column Design, 24 Gauge R -Panel Metal Roof, Zinc Loc Powder Coat Frame Finish, 140 MPH Wind Load Plans Florida Signed and Sealed Engineered Drawings, Calculations, and Footers (8 1 850.00 850.00T Copies) Freight Freight Charges 1 1.446.00 1,446.00 THIS 15 AN ESTIMATE ONLY. Due to the volatile nature oldie transportation industry, freight charges may be re- quoted at the time of order. 0.00 0,OOT Erection Erection of Above Noted Pavilion 1 3,170.00 3,170.00T Rental Equipment Rental Equipment for Erection 1 1,000.00 1,000.00T Footers Supply and lnstaliation of (6) Concrete Footers for the Above Noted Pavilion 6 685.00 4,110.00T (Please Note that without sealed drawings for each structure the prices stated above are only estimates and the foundation pricing will need to be revisited once the drawings are generated. Typically we find the foundations to measure 0.00 3' x 4' with steel cages. The costs listed above are based on these factors) Concrete Supply, Delivery and installation of a Concrete Slab Covering an Area of 585 sq. ft. (30' Hex) at a Depth of 4" with 6" x 6" Thickened Edge Covering 901 .F and #10 Welded Wire Fabric 585 6.40 3,744.00T Prepared For Organization Customer Phone Customer Fax County Ship To Eat. Ship Date Chris McCarthy City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 338-4401 (772)388 -4402 Indian River East Riverview Park 650 Indian River Dr. Sebastian, FL 32953 6 to 8 weeks after approval Think you for the opportunity to work with you and we look forward to future endeavors. Date Quotation Prepared By Terms Prices Valid Until 7/4/2011 Project Name PAVILION BID In the unlikely event that Advanced Recreational Concepts, LLC is required to file civil action or institute any collection efforts against customer, customer agrees to pay any and all reasonable costs, fees, expenses, and attorney fees incurred by ARC, LLC, including but not limited to any and all reasonable costs, fees, expenses and attorney fees incurred on appeal or in any post judgement collection efforts or proceedings Signature Print Name/Title Advanced Recreational Concepts, LLC 3125 Skyway Circle Melbourne, FL 32934 Toll Free -1- 864 957- 2355/Toll Free Fax I- 864 -957 -2356 Proposal Page 1 Date 5/5/2011 9414 Zak Knoepfel Net 30 Tax ID Subtotal Sales Tax (0.0%) Total P.O. The above quotation is based upon site access for heavy equipment and normal soil conditions of 2000 psf lfdunng excavation of foundations necessary per manufacturers specifications, conditi exceed normal, our contractor shall notify the owner inunediately This shall include all types of rock, vegetation and any un forseen hazards There will be additional charges incurred to clear the area and or the abuternent hole so that installation can be completed 126 of 189 Product ID Doscripbon Qty Price Total Permit Permitting and administration No that this includes submission of documentation either specified and inchided in this proposal, such as engineered drawings or provided by the owner should ally additional testing or documentation be required such as soil bearings, site drawings or surveys and so forth, costs associated with them will be the responsibility of the owner. 0.00 TO BE TAKEN CARE OF BY CITY Inclusions Labor, Insurance and in accordance with Plans, manufacturer specifications and ASTM St CPSC Guidelines 0.00 Exclusions Prevailing Wage, Performance Bond, Repair of damage to sprinklers, sod or access area to construction site. 0.00 Notes Items to be managed by customer, unless noted otherwise above: 0.00 1) Site security while operation is in progress, construction site safety requirements. 2) Water and 110 Electric must be provided for proper installation if not available please notify your sales representative. 3) Must have all underground utilities marked prior to installation Please notify sales representative if other arrangements should be made. 4) Provide waste receptacle if required to accommodate excess construction debris. 5) Benchmark to shoot elevation from must be established. 6) Site Prep. Excavation ,Removal and disposal of spoil if required. Signature Prepared For Organization Customer Phone Customer Fax County Ship To Est. Ship Date Chris McCarthy City of Sebastian 1223 Main Street Sebastian, FL 3295$ (772)388.4401 (772)388 -4402 Indian River East Riverview Park 650 Indian River Dr. Sebastian, FL 32958 6 to 8 weeks after approval Thank you for the opportunity to work with you and we look forward to future endeavors. Print NameRTitte Advanced Recreational Concepts, LLC 3125 Skyway Circle Melbourne, FL 32934 Tell Free 1 -86f,- 957- 2355(Tof Free Fax 1464957 -2354 Proposal Page 2 Date Quotation Prepared By Terms In the unlikely event that Advanced Recreational Concepts, LLC is required to file civil action or inshtute any collection efforts against customer, customer agrees to pay any and all reasonable costs, fees, expenses, and attorney foes incurred by ARC, LLC, including but not limited to any and all reasonable costs, fees, expenses and attorney fees incurred on appeal or in any post Judgement collection efforts or proceedings Date 5/5/2011 9414 Zak Knoepfel Net 30 Prices Valid Until 7/4/2011 Project Name PAVILION BID Tax ID Subtotal Sales Tax (0.0%) Total P.O.* $27,870.00 $0.00 $27,870.00 The above quotation is based upon site access for henry equipment and normal soil conditions of 2000 psf if dunng excavation of foundations necessary per manufacturers specifications, conditions exceed normal, our contractor shall notify the owner imtnedtatdy This shall include all types of rock, vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abatement hole to that installation can be completed. 127 of 189 does: the above requirements. Date: L A DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with, Florida Statute 287.087 hereby certifies that Ad v t c e c c r ec c t c,l Co s p fi� L, LC— Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2, Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to mainta a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this stag meat certify that this firm complies fully with gn tore 128 of 189 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to TILE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 129 of 189 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by -�,_t- C (name of entity submitting sworn statement) whole busines address is �t t �\X'a_; j and (if applicable) its Federal Er loyer Identification (FEIN) is t 3 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name i s L t r c Z (please print name of individual signing) and my relationship to the entity named above is 1-..m o c (4. Q 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1Xb), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133( 1)(a), Florida Statutes, means: (I) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture 130 of 189 with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the pers+ or affiliate from the convicted vendor list. (Please attach a copy of the f STATE OF FLORIDA 2011 by m of Vl7urx (Signature Date: 1 or The person or affiliate has not been placed on the c vendor list. (Please describe any action taken by or pending with the Dep. ,-nt Gee -ral Services.) ao COUNTY OF h2�.)c.1 T e foregoing instrument was acknowledged before me this as- day o i(,}, (title) o ehalf (name of 131 of 189 partnership), a partnership. He /she is pens na11 known to me or has produced as identification and did all not take an oath. My Commission Expires: Commission Number: ELca r Notary Public Mete of Floes e Tamara L Ortiz MY Commission EE023581 vtor n Expires 09109401 132 of 189 THE EDUCES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUflEMENT, TERM 031 COIIDmots OF ANY CONTRACT OR OTHER DOCUMENT WrrH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED Cat MAY PERTAIN. THE JISLIRANCE AFFORDED BY THE POLICIES DEMPERED HEREIN 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCK PCLrNER, AGGREGATE LI1MrTS SHOWN MAY RAVE SEEN REDUCED SY PAN) CLAIMS. 0-TM 'TYPE TYPE CP INSURANCE POLICY MINNOSR SENTENNWr POW r l 11MrI! A 'X sorresokLuommrri CONWIRCNL GENERAL LIABRITY 0 CLAIMS MADE 10 OCCUR XCUI.iibWIly PL5613215 -04 01/2712011 0/127/2012 EACH CCCURREEcl I 1.N 00 D eroa�rreN N MAC [PIED DP Vat ono P•ypN I SAM P>:118CNMLA 1 1,300.000 CcmtmC111W1 hlolblEly GERM/ AGGREGATE S x.100.000 HI AGGREGATE LIMIT APPL ES PER POAICY 171 PROJECT R LOC PRODUCTS COMMOP AGO i 2.100.000 IMITDMee1LR EAReRTrY JIIY AUTO AL ONN EC AUTOS lCFgOiJ<EO PLODS HIRED AUTOS NDIF0INNEDAUTDB FLASE6 X17 sarteuu LIMIT s WALT MJIIRY O ...maw) y MARTY y PL PERTY DAMAGE esaadar s RA MIE UMILITY ANY AUTO AUTO ONLY EA ACCIDENT 1 ey IA ACC N AUTO ONLY: AGO s i cassAimasuA maskITS L=AIR fl CLAMS MADE OECIICIIILE NETEImON 1 10,00° UM7855228 -04 01/2712011 01127120/2 pc accuRRE1Ics a 1.000 O0 AGGREGATE N 1.000,000 Praducia/Calaplawa O s 1, NOe.Ofi" II y ��eeso ANY P ROPIIIETOMAIRATNE WENEC1f1IYC 1 OFFICERRIENIRER EMLL>DED7 M vow, asem/Vr NNIN 3PECu1L PROAEdlCR16.Iuw me r, �'I ;�DIf 1 5 L. EACH PC CI0UJT E L 01sEReE EA 1MPl E.L. DISEASE POLICY LIMIT OWEN Projee! Pallier For Ewe Riverview Perk Chef et SelosaYsa hi Retie is sdefilenal Insured. A O d masvcsm Jade Fields Agency 10 E Monument St. Kissimmee, FL 34741 (407)873 -5534 (407)870.9491 FAX Play/Space Services Inc Advanced Recreational Concepts, LLC 3125 Skyway CWde Melbourne, FL 32934 1HI8 CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS LIPON THE CERTIFICATE NOmaR THIS CERTIFICATE DOES NOT MONO, EXIENDOR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE WSUAER Great American E i NTs. Cs MAX 11531 t INNU1ER C: INSURER D: SOURER E: omE iimmorovvy) 03110/2011 COVERAGES CERTIFICATE HOLDER ACORD 25 4211111011) City of Sebastian t225 Main Street Sebastian, FL 32958 CATE OF LIAR CAME !TiDM MOULD ANY CM 101E AWNS Id SCRUMP POLICIES ME CANCELLED WOE DIE COMIERTI 11 DATE T111A10 THE EWING INSURER LULL emrsevDII To IIAE. 30 GAYSvRB7TEN NOTICE It TIM CEA'RHCATE NOL0ER IMMOTO 711E LEFT, OUT PAILLN1 TDCOSS SHALL IMPOSE NOOILIGATIDY OR L1RBIlTTY Of ANY IMO UPON 7NE INSURER, (GARMENTS OR REPRE A.NNCEZED REPREINNTANSE Join A Fields d jet+ 41 Y-L-4.4.• o ACORO C0RF'ORATION 155 133 of 189 CERTIFICATE OF LIABILITY INSURANCE 71115 CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO7 AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 1HE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is art ADDITIONAL INSURED, the policyfies) must be endorsed. If SUBROGATION IS WAIVED, subject I Ow terms end conditions of Ow pol icy, certain policies msy require en endorsement. A statement on this certificate does not comer rights to Ws esrfiflcate holder in lieu of such sndoNSsmanl(s). mourn 407400 1282 cernACT Brown I Brawn of Florida, Inc. 2600 Lain Lucien Dr. SW 330 407460 -2012 P uIAwrcc. E>•sl s y; Maitland, FL 32751.7 E tIAIL Scott Ohrast■de, CPCU, CIC INSURED COVERAGES Play/Spec* Services, Inc. DBA Rainbow Turf Products Advanced Recreational Concepts, LLC 3125 Skyway Circle TYPE Of INWRARCE ONIMPL L ►MIae.RY E -1 1 1 COMMERCIAL GENERAL LLAEILr1Y CL 'JAS ADf OCCUR GEN`L AGGREGATE LMe1 APPLIES PER. I POLICY n r n LOC AUTOMOBILE CIVILITY B X ANY AUTO ALL OWNED ALTS SCHEDULED AUTOS X HIRED AUTOS X NON.ONNEO AUTO5 i UMBRELLA DAs 1 Excess ►LAB DEDUCTIBLE RETENTIGIR 5 WCRRenS CONPTNSATIOH ARO EMPLOYERS' LIABEITY Y I R A AN PROPRIETOW RIE PARTHExECLTIVE ANN 30 -34812 oFFICEP/MEMBER EXCLUDED? IN I A rr em E yyecss dasenbe antler DESCRIPTION OF 0 RATIONS km ow CERTIFICATE HOLDER City of Sebastian 1225 Main Street Sebastian, FL 32558 OCCUR CLAIMS -MADE 1 CERTIFICATE WUSIBER: ADDRESS: E n PL AYS -1 Ilafla PoI.ItY wUlUew eErJOefYYYY1_ 07011524-0 CITYO02 -.y weuref {si AFrCPDIMG COVERAGE WIC egLI11ER A Rridgefisld Employers Ins. Co. 10701 me :Progressive Express ins. Co. 10143 seems c seweas Ma►IWE: MM,IIIEII CANCELLATION 07124/10 07124111 Et5CRIP'TION OF OPERATORS 1 LOCATORS I VEHICLES 4Axach ACORb Tel. Additional Rw.arN. ScMdh. H HMV •Pate in 'squired' Project: Pavilion for East Riverview Park AU7 ROUGE REPRESENTATIVE i REVISION IRINUER: BATE prw1RNTYYYI 1311W11 THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED AtliY1IE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY N 0UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUINENT WITH RESPECT TO VRIICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTANY, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIINIT5 SHOWN LIAY HAVE BEEN REDUCED BY PAID CLAIMS. EACH OCCURRENCE S rRew s W' 1 S 1EEa� MED NAP yelp 11R. F.,wAy 5 P ERSONAL a ADAI DUURY 3 SENERALARGAEBATE S PJMODUCTS CO3 IOP AGG S S B ODILY !WARY !PEI dement BODILY INJURY iP r aadeernl COMBINED SINGLE LIMIT 02/03/11 /9/03112 (E.aar.rr9 PROPERTY DAMAGE 'Per most* EACHOCC1RRERCE AGGREGATE UNITS 3 s 3 c s s a X t MIC STATL4 401)4- LI11TS .35 E.L. EACH ACCIDENT 5 H.I. DISEASE EA EMPLOYEE 3 E.L. DISEASE POLICY LIMIT 5 134 of 189 OF i1); cJ 1,010 1,010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION HATE THERM, NOTICE WILL BE DELIVERED IN ACCORDANCE LYITH THE POLICY PROVISIONS J 1960 -2005 ACORD CORPORATION. All rights reserved. ACOf1D 25 (2009!!19) The ACORD name and logo are registered marks 01 ACORD W H H 0 H Ql H 0 u H a 1) z 0 w Gd vow a O N H cn LL1 U) r CO a z tv m o rel 0 W w LD 1i LI- a X Ct r Z 0 0 0 0 o N 0 a a ,•.1 0 0 W U' Z 5 0 0 0 z x as 0 4 14 CC -I,' 01 z Cil 0 m 0 IX p 1 u m a fil vi 4.1 x C] are v 1— I 44 N a A D7 •H u. N LE 4 a x U V o r 135 of 189 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET qe.allv TALLAHASSEE FL 32399 -0783 ADVANCED RECREATIONAL CONCEPTS LLC 3125 SKYWAY CIR. MELBOURNE FL 32934 Gongratulationst With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants. and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more Information about our divisions and the regulations that impact you, subscribe to department newsletters and Team more about the Department's initiatives. MT mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! AC# 4 LI 2 9 STATE OF FLORIDA DEPARTMENT STRUCTION E IND AND RY ATION BA NU MBER LICENSE NBR 05/21/2009 088221328 1058008 DETACH HERE The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2011 (THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.) ADVANCED'R.ECREATIONAL CONCEPTS LW" 3125 SKYWAY CIR. MELBOURNE FL 32934 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW (850) 487-1395 a. STATE OF FLORIDA AC# 14 LI 1.7 2 3' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION QB50008 05/21/09 058221320 QUALIFIED BUSINESS ORGANIZATION ADVANCED RECREATIONAL CONCEPTS L (NOT A LICENSE TO PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS IF TT HAS A LICENSE] QUALIFIER.) IS canuIFTBA under hr prenrisi.one of eh.499 r5 m4Piratioo data: AUG 31, 2011 LO905210063G SEQ#L09O52100b46 CHARLES W. DRAGO SECRETARY 136 of 189 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 GONZALEZ, LAZARO PLAY SPACE SERVICES INC 3125 SKYWAY CIRCLE 'MELBOURNE .?2934 The BUILDING' .CO NTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 41:9 FS. Expiration date: AUG 31, 2012 CHARLIE CRIST GOVERNOR GONZALEZ LAZARD PLAY 'SPACE- SERVICES INC 31 25. SKYWAY'. CIRCLE MELBOURNE FL 32934 DETACH HERE {850) 487-1395 s?A' OF FLORIDA AC Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalkense.coni. CERTIFIED BOILPINC CONTRACTOR There you can find more information about our divisions and the regulations that GONZAL.SZ,; LAZILIO impact you, subscribe to department newsletters and learn more about the 1 PLAY SPACE SERVICES INC Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! it PST OF Bt3SIN ESS AND PROFESSIONAL REGULATION CRCO59 00 08/12/10 108032492 i� cRilTirian under tits praviaioua o! ch,A59 AhRPir4t a&ts•: 316 2012 L10081201755 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEW L1008 .20235 S DATE HATCH NUMBER 08/,.12/2010 1Q8:03.2;492 LICENSE NBR CBC0 597; 0. 137 of 189 CHARLIE •LIEN SECRETARY 2010 2011 ",11VnA,ifI I PI f'RE ATIfNAI 1-ON I t'T 125 SKYWAY (;'R %'Cl BOURNl F-; 3293A 125 SKYWAY CIR r;11Y OF- MELBOURNF FI 32934 A..r]VANCFE7 RECREATIONAL CONCEPTS LLB" r r C1FFIf Fr +RIr• z I( I 1J[ YMrlrI �..JUiV r D%JOIINE.D IAA !i rl i (:•I F.,I ti rf:IN r. I i('PlC• TAY 1ECEIP1 HOlf BE DISPLAYE) CN PREMISES PENALTY 480605 SPECIALTY STORE -RETAIL 820005 2010 2O 1 RECEIPT AMT Si45020 27 RI1cINEEF PEP.Ion. OCTOBER 1, 2010 SEPTEMBER 30, 2011 EXPIRES. SEPTEMBER 30, 2011 EXEMPTIONS. NON EXEMPT RCT NUM TILL DATE AMT PAID PAID 1310475.0001 -0001 TZ7 09/16/2010 37 -00 $37 00 00 138 of 189 References City of Palm Beach Gardens Multiple Projects for Parks and Recreation Department Contact Todd Engle Phone (561) 804 -7012 Cell (561) 719 -1318 Example Site Main Recreation Center 4404 Burns Rd. Palm Beach Gardens, FL 33410 St. Johns County Parks and Recreation Windswept Acres Park Contact Wil Smith Phone (904) 209 -0324 Site Address: 5385 AIA South St. Augustine, FL 32080 School Board of Broward County Through various general contractors and bids Contact Dennis DiLeonardo Phone (754) 321 -1662 List of Completed Playground Shelters: Lloyd Estates Elementary School Meadowbrook Elementary School Norcrest Elementary School Parkside Elementary School Pasadena Elementary School Rock Island Elementary School Tradewinds Elementary School Village Elementary School r ,(1■3 vd k1••4 ddurt+Jl Lon( art• 3125 Skyway C.rde Melbourne FL 32934 Toll Free: 866 -957 -2355 Fax; 865- 957 -2356 www.ARCFlonda com 139 of 189 KC Pc Model 80285 28 Hexagonal Pittsburgh Shelter 140 of 189 Ea CNA aernen& MODEL: 24' (AS) Hexagonal Structure QUOTE L4780AL TITLE: Elevation a 1 CAIN) gn1S 0 Prt Ea CNA aernen& MODEL: 24' (AS) Hexagonal Structure QUOTE L4780AL TITLE: Elevation 142 of 189 uJ uJ 0) F.! E ea a OZ W 0 z aemeirt& zwilwirions r) 1— w w (i) 44414 T N ]r C T C E^ 15 Q 0 e co s Col c g 1 2 0 v 0 (r, U_ Z L 0.+ t3 -P 0 o d D_ X p Lj L L q N 0 U z z 0 c 144 of 189 4- w uJ 1 A c D C c T C Q 4 p (5 co 3 C a v �s c yi d b C v d ai v° i o E :2 m r'7 V 1 r.1 o vM N a as E' E a o Q o m o c co m I Lf) 0 0 ❑J -Cs 0 ••tt[ 7 a Q O +•r a] C) U 0 p r. 0 p 0 a) i 0 0 U 0 Q a 0_ N CT 07 E `r CD N ca a' v Q 0 o•+ a as C7 a) 0 cc) _c O cy C...) C_) -t7 0 a� en C c� CD cL c f CO Z c•, r'] i O c a x' .0 O 9 6? F-- li! I— 01 c 0) C rj CO p CU O 0 p -0 as U a s -1 O O CO p ca rn o -0 Q ex 0 p, as w q (j) Lif C U V G O U U Q d Ii 0 a CI7 a) rr7 O 0 [n e O 3 0 w 0 0 U .5 a) a] c ELI W I.._ N In LC] evontenzy cn VC E 3 w Cr L [fi cf) L CD 0) p N d a.; c Q Z a) pz U o Z W -i L,� en c 0 1-- a a.? a a� CL o E 0 c 0 `a CD 0 Q c. M Z i Q U V ri) C!7 c 0 o as CC o en o'er v o c 0 a) o Q CZ C2' c cu O_ 0) as c w Q N M 0_ 0.) 4 F•- ¢]-C3 C i o H l-. _0 a) CD O 0 cr) 0 C7 CD 0 c O U M v_y 0 o O E E CD Z 0 0 Ul LLJ Q L QU 0' o �-c- Q] Q] C c c "D O C.) o E0 5 Eo Q o 0 0 m 0 i l.il l 0 0 1-- W Z C7 Z L�J w Q Li) Cn I w mz Q m Z cG Lk_ Q m LU.I Z Z w z cn 1 1 1 1 1 1 1 1 1 L_ r; r i �.33a� ��.�r�. `Jra�'�r'. •s.�''E�'-n `">��sla��``'�`�ita� aau Limited Warranty nfokIlitchfie &dindustries.com Ph: 800-542-5282 Fax: 678-839-5732 LIT FI Litchfield Landscape Elements, Inc. e linen 1. Litchfield Landscape Elements, Inc. warrants that its structure will be free from defects in materials and workmanship, os well as maintain structural integrity for a period of t0 years from the dale of Invoice with the following terms and conditions. 2. Litchfield Landscape Elements. Inc. gives a 2 year limited warranty an Alf Steel, Recycled Plastic and Wood Site Furnishings from the date of invoice with the following terms and conditions. 3- Litchfield Landscape Elements, Inc. gives o 1 year limited warranty an Survivor Series Ste Furnishings from the date of invoice with the following terms and conditions 4. This warranty is in effect only if the structure/ site furnishing hos been assembled and installed strictly in accordance with the set-up instructions. good construction practices and has been subjected only to normal use and exposure. 5. Abnormal conditions are specifiicalty excluded from coverage under this warranty. A_ Contingent liability is specifically excluded. Litchfield Landscape Elements, Inc. has the option to repair or replace any defect in materials. 7. The owner shall notify Litchfield Landscape Elements, Inc. to arrange for an Inspection within 30 days atter discovery of any defect under this warranty, and before any alteration or repair Is made or attempted. This knifed warranty stall be null and void if the owner makes any alterations in design. 8. Litchfield Landscape Elements, Inc. is in no way responsible for damages caused by others, including: installer, vandalism. fire, acts of God (ightning, storms, hail, etc.), corrosion, salt spray, pollution, or infestation by rodents or other vermin. 9. Litchfield Landscape Elements, Inc_ shall not be responsible for insuronce standords or code compliance changes that may be required in the future. 10. Litchfield Landscape Elements, Inc. shall not be responsible for delays due lo missing, stolen, or non conforming parts. Any rework of non conforming parts must be authorized by Litchfield Landscape Elements, Inc. prior to the time that the rework is done, 11. Some fitting and field cutting of parts may be required, and will not be subject to bock charges or cause for rejection. 12. In the unlikely event of Failure. Litchfield Landscape Elements, Inc. reserves the right to alter the design, color, or contributing Factors to rectify the condition and help prevent any future reoccurrence (s). 13. Litchfield Landscape Elements, Inc. specifically excludes any implied warranty of merchantability, fitness or purpose. and there ore no warranties, which extend beyond the description of the face hereof. 14, Under no circumstances will Litchfield Landscape Elements. Inc. be responsible for any consequential or incidental damages due to breach of warranty. and such damages are specifically excluded from this warranty. 15. The pre finished metal roof manufacturer warrants to the purchaser that when used for exterior applications under normal environmental conditions the painted or unpainted metal roof panels win meet the following standards. R Pone!, Max Rib, and Standing Seam Metal Rod Prowls: For a period of 25 years from the date at shipment (20 years for exile Red), the coating system will not crack, check, peel (lose adhesion), chalk or change color (fadej. For a period of 30 years from the date of shipment. painted or unpainted metal roof parcels, if erected within the United States. will not rupture, fail structurally. or perforate due to exposure to normal environmental conditions. Subject to the conditions. limitations and exclusions set forth by the prefinlshed metal roof manufacturer. 16. Fiberglass Shingles have a 30 year limited warranty per the manufacturer's specifications. 17. Cedar Shingles hove a 5 year limited warranty per the manufacturer's specifications. 18. Polycarbonate/ Texan Panels have o 5 yearimited warranty per manufacturer's terms and conditions. 19- Powder Coat is the structure's standard steel frame finish. unless specificaly noted otherwise. All of our parts are blasted lo a "white finish Every part is cleaned. utilizing an environmentaly sole citric acid solution to remove all dust and grease after the blasting process. Our powder coating is o multiple step process. It consists of o Zinc Rich TGIC Polyester Powder Prime Coat, along with the Final TGIC Polyester Powder Top Coot, Litchfield Landscape Elements, Inc. offers a 10 year limited Warranty for Powder Coating to the original purchaser. This united warranty is only valid if Litchfield Industries has been paid in full for the cost of the shelter. This fanited warranty is for factory applied finish only. Damage occurring from shipping, erection, vandalism, accidents, or field modification will require field touch -up immediately and periodically thereafter which is not covered in this limited warranty. The owner must report any defects in the powder coat at the time the installation is completed. The 10 year limited warranty excludes structures erected at sites where salt air, corrosive atmosphere or sprinkler systems come in contact with the shelter. Hot covered by this limited warranty are acute angles, welds, and endplates that are prone to minor detects on occasion and will require touch -up by owner. i Litchfield Landscape Elements 206 Adamson Ind, Blvd. Carrollton, GA 30117 wwwiitchfleldindustries.com 4 An C 4 on <rw_f�!:�_ -iE r' ��r1V• F1 l r t-ry i I� 1 1 1 1 1 1 1 1 1 .0 -;f =i c '.0 F_. CHFI D Litchfield Landscape Elements, Inc. rms and Conditions info litchfieldindustries con Ph: 800- 542 -5282 Fax: 678-839-5732 Specifications: Specification information is available upon Request for all of our shelters and site furnishings. Standard design loads an shelters are between 301bs. and 35 lbs. per square fool now load. with 120 miles per hour wind load: If engineer's sealed drawings and calculations are required on shelter plans, please coil the factory for cost estimates, since fees vary widely by type of shelter and area al country. Shop drawings are available at the discretion of Litchfield Landscape Elements management. Product specifications ki this catalog were correct at the time of pubtcatieion; however. Litchfield Landscape Elements. Inc. reserves the right to change specifications at any Time to reflect product improvement. Custom Designs: We welcome the opportunity to develop specific products and specifications to meet your custom design requirements. Do not hesitate to coil. Occasionally. new designs require extensive investigation and will require a pre -paid design and engineering fee. however, upon receipt and shipment of the order, the fee will be offset in the prices of the approved new product. Prices: Prices are effective as of the date of this catalog, and are F.O.B. Carrollton, Georgia. Freight weights shown are approximate and may vary. Freight is calculated separately, and not included in the pricing. All quotations are firm for 30 days. after which. Litchfield landscape Elements, Inc. reserves the right to adjust pricing and freight costs to reflect market fluctuations. Applicable taxes ore added to invoices unless a tax exempt certificate is provided with order. Prices are subject to change without notice. Terms: Payment in full is required 30 days after delivery. These net 30-day terms ore extended to established customers who can provide documentation of credal worthiness. If documentation of credit worthiness cannot be provided; payment in tuft must occompany the order. A service charge of 1.5% per month may be assessed on the balance of all accounts over 30 days old. No retainages are accepted. Delivery_ Depending on the sire of the shelter to be delivered. either a common carrier or private carrier will be used. Whenever possible, shelters will be delivered to the job site. Detailed address and directions must accompany the order. Litchfield Landscape Elements, Inc. and their carriers shall hove full authority to stop shipment at the paint nearest the job site where road conditions or other hazards do not allow the easier to safely reach the job site. Transporting of the materiel from this point on will be the responsblity of the buyer. The comer's decision in this situation will be incl. All freight charges are added lo the invoice unless collect shipment arrangements are mode when ordering. Time of delivery can vary. Litchfield will make every possible effort to deliver within the predetermined time period (usually 4.8 1 weeks or sooner after receipt at design approval. Due to the nature of our product, unforeseen delays in production and/or delivery are possible. Litchfield will not honor or be held accountable for liquidated damage charges of any kind whatsoever. Receipt of product_ Unloading of the product is the buyers responsibility. In most cases, a forklift Truck is required by and is the responsibility of the buyer for unloading. Buyer or authorised agent must inspect shipment at time of arrival and verify it with the bill of lading. The bill of lading moiled to you at the time of shipment Is our receipt from the carrier. We therefore are released of ail responsibility of lass or damage in transit. damages or shortages shot be noted on the delivery receipt and shall be reported to Litchfield Landscape Elements. Inc. immediotety by phone or in writing. Failure to report shortages or damages within two business days of receiving product slat be deemed full and complete acceptance at materials cis delivered and wit result in a minimum of 112 up to and including 100% of replacement cost including stripping. Material Storage: It is the sole responsiblity of the buyer to provide for protection of the material after arrival at destination, Storage of wood components and other materials must be in a dry place out of the sun and other elements. Exposure to the sun, rain and other elements can cause warping, staining and other damage. Temporarily stored materials should be placed an blocks well off the ground and separated to allow air circulation around each member. Moisture resistant covers should be used an top and bottom material stocks. iInstallaion and Assembly: Detailed setup and assembly instructions are included in each shipment Bong with the hardware. To facilitate the owner's planning of desired site and concrete work, and shelter layouts and installation, setup instructions are sent after receipt of order. Some fitting and cutting of parts may be required because of field conditions and wilt not be reasan for rejection or bock charges. Touch-up and finish painting and staining shall be the responsibility of the installer. Litchfield Landscape Elements. Inc, assumes no responsibility for the condition of toclory- applied finishes damoged or altered by installation or storage procedures. No corrections or alterotions are to be made to our products without permission. Bock charges must be pre approved before any product corrections are performed. Storage Fees: Storage fees of $250.00 per week may begin to accrue to any order that is not accepted on or after the estimated ship date provided by Litchfield Landscape Elements. Inc. In order to prevent these fees, make al passible attempts to arrange a later ship date. prior to the production 01 your order. Cancellations and Returns: May be made only with the consent of Litchfield Landscape Elements. Inc. and any and all costs incurred from date of order are subject to a 15% handling charge, in addition to return freight charges. Custom products and Pre -cut Metal Roofs are non returnable. Litchfield Landscape Elements 206 Adamson Ind. Blvd. Carrollton, GA 30117 www.litchfiieldi ustri om i -i 1 4•_ M '`e-ee rtheerc*ee'v-. ti r:�C .Ja r an'a SL I N NOME OF PELICAN ISLAND City Clerk's Office Subject Prior Travel Authorization for Council Members to 2011 FLC Annual Conference Orlando, Florida August 11 -13, 2011 for Submittal by: ,16- Al i ner q4 Department Origin: City Clerk's 'five Agenda No: I 0 7 7 City Attorney: For Agenda of: 5/25/11 Exhibits: Expenditure Required: Registration: $325 each Travel: 100 mileage each $459 (3 nights) hotel each 90 meals each Amount Budgeted: There will be sufficient funds remaining in Legislative Travel and Training should all five members wish to attend Appropriation Required: N/A SUMMARY STATEMENT In accordance with code section 2 -35 and the "Council and Charter Officer Travel Policy and Procedures this will authorize travel for any Council Members who may wish to attend the 2011 Florida League of Cities Annual Conference in Orlando, Florida from August 11 to 13, 2011. Prior authorization is requested to ensure stay at host hotel. RECOMMENDED ACTION At Council's discretion, move to authorize travel for any Council Member wishing to attend the 2011 Florida League of Cities Annual Conference in Orlando, Florida from August 11 to 13, 2011 148 of 189 Subject: Road Closures for 3rd Sebastian River Middle School 5K Run Approv d for Submittal by: City Annual IB Program Manager Agenda No. j 7g Department Ori City Attorney: City Clerk: c-Cd4-4- ,J4 Date Submitted: May 18, 2011 For Agenda of: May 25, 2011 Al i nner Exhibits: Park Use Permit Application and Letter from Sebastian River Middle School 1B Physical Education Teacher Anne Warner. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: None HOME OF I'EL[CAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Sebastian River Middle School IB Program is seeking Council approval for road closures needed for their 3rd Annual 5K Run fundraiser. The attached letter outlines logistics for the run. The run last year was a great success and they worked well with the City. This year's run will be on Saturday, November 12, 2011 from 6:45 to 9:30AM. The run will start at the large pavilion in Riverview Park, head north on Indian River Drive to Jackson Street and back down to the Park. Indian River Drive from Harrison St. north to Jackson St. needs to be closed from 6:45AM to 9 :30AM on Saturday, November 12, 2011. RECOMMENDED ACTION Move to approve closing Indian River Drive from Harrison St. north to Jackson St. on November 12, 2011 from 6:45AM to 9:30AM for the Sebastian River Middle School 113 Program 5K Run fundraiser. 149 of 189 To whom it may concem, Sebastian River Middle School would like to hold a 3rd annual 5K run/walk on November 12, 2011 down by the river. Runner's Depot of Vero Beach will be helping us with this event. They are familiar with your instructions and know what to do to ensure this event will go smoothly. The Cowboy River Run/Walk 5K will begin with setup at 6:46am and the event will wrap up around 9:30am. This event is a fundraiser for the International Baccalaureate Program at Sebastian River Middle School. Our school is also trying to get the City of Sebastian moving forward to healthy living. We want everyone in the community to come out and get started to an active lifestyle with the whole family involved. Thank you for your time and consideration. Sincerely, -L Anne Varner Sebastian River Middle School IB Physical Education Teacher 150 of 189 474 Ltil'L1711 1b:14 7722287879 Date: Lt1a2 /av� Please check appropriate box: Physical Address City [r Facility (Park or Pavilion) Requested Will there be any sale of goods? Yes No (if yes. please describe type of goods on back) d Pavillon Rental Only $100 Security bepas'it $50 Rent plus 7% to $53,50 Park Errant 175 to 300 anticipated attendees) $100 Security Deposit $100 rest plus 7% tax $107 Special Event (301 er more ei ticipeted attendees) City Council Approval $200 Security Deposit $200 rent plus 7% tax $214 *Alcoholic Beverage Request far any event requires My Council Approval State COS AIR BLDG CITY OF SEBASTIAN PARK USE PERMIT APPLICATION oiry SERASTIAN ROWAN PELICAN I6IA.ND 1225 Main Street Sebastian, FL 32953 Parks Phone: (772] 2M -7054 cm e:arthygIci yofsebestia morg Raindate (if applicable) ignature of Applies Seemly Pd: Permit Fee Pd: PAGE B2/ 08 Dee initials City MensserApplaysi: Date ltVtish Park Supt. Apprmii., Date Millais Council Ap k PoI a Hot Vertlkaticr (R a pplirable4 Initl9let ofITh* Use Only: Dote Init oft Date Of 564740a1-0 At; d,d1.4 ovI Name of Permittee (permits may Only be issued to an adult) Name of Organization (if applicable) Mailing Address if Different tea S7 (a, Phone E -Mail a 41'!G. 0 net' las7P 7 1 .ze 50 Siceg ir. Anticipated Number of Attendees Wtfl there be food or other vendors? Yes No (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled en back, (May require Health Dept. or !RC Fire Dept. permit) the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms thereof. 151 of 189 d5I :aI II ❑I R W nw lot zull 19:14 //2Z1 (11/9 A �jr cation for Police Extras -Duty Officer Services This application is required to di a extra -duty services of the requested number of Officers for public safety, health and welfare services, that are in addition to the provided generally to the public. It is un derarpod that this is a non binding a greeaaant A /ni of 3ve (5) flays edrance notice is requested prior to tae service date and advaaced payment i required, Cancellation of the detail, with less taco 24 hours notice prior to cobateencereent of the detail, gill result in three (3) hours minimum bating per Officer. Payment should be made payable to the City of Sebastian, 1215 Main Street, Sebastian, Florida 32958. (3) Dour Msniroutn Per Each Officer Required* Rate Ear four For Bach Officer 530.00 Rate Per BMW For Each Supervisot........._534. b(I Ra Per Mile For Bach V'ebicJc....... ..50 astrko6 mho:at: m (Applies to on -site attliznrion of vehicle) AppLirant Am __Wan e gelucci I Mailing Address: City: State: ZipCode: 3 `c�9 Requested By: e Teicpb one Numbers: '?4' 77/ 3 Number of Office's required: Starting Date: 1 l 2 c? fit Ending Date: f if a 5tt7x'Cilp,gTila7e: Coding Time: q: 30 Services Requested: Service Location: a1 P a P4 l!r V 1. Estimated Attendance: Alcoholic Beverages Sea Yes No A Type Other Comments ar Duties: 1 Date cei •d Officer's Signature City of Sebastian Municipal Police Department Lieutenan Officer's Comments T City o Sebastian of Poileatl fight to 13nifWWI: COS AIR BLDG PAGE ea /lea .ttttl. L!1U A' cants Signature Date Worked Time Worked Plain Clothes: 152 of 189 dSl :21 1 1 nr Reu Move to approve R- 11 -13. QO SE�riW HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Resolution Adopting Amendments to the Fiscal Year 2010 -11 Budget. A i +ro for Submittal by: yrlf F r. Ci ty Manager Agenda No. i O L iZ Department Origin: Administrative Services: City Attorney: City Clerk: Date Submitted: May 20, 2011 For Agenda of: May 25, 2011 Exhibits: Resolution No. R -I1 -13 2 Quarter Comparison of Actual to Budget Capital Project Status Reports as of March 31, 2011 Schedule of Investments as of March 31, 2011 2" Quarter Accomplishments SUMMARY Pursuant to City financial policies, budget reviews and adjustments are presented to the City Council quarterly. Capital project status reports, investment reports and accomplishments are also included. This report is scheduled to be reviewed by the Budget Committee on May 24, 2011. There are no changes to the General Fund budget which require budget amendment approval by the City Council. In accordance with the Annual Budget Resolution. the City Manager may approve budget transfers within a Department and make adjustments necessary to "implement programs, projects and expenditures authorized by the City Council Accordingly. the City Manager approved adjustments to record additional revenues and expenditures of $30,118 for an exchange for new automatic defibrillators by the Police Department and $2,421 for a refund from a previous purchase being applied to the purchase of equipment needed for evidence collection. For the Discretionary Sales Tax Fund. the City Manager is requesting approval for reductions made for police vehicle replacements equaling $173,552 and reductions for required upgrades to the MUNIS accounting software equaling $2,448. For the Recreation Impact Fee Fund, the City Manager is requesting approval for reductions made for the splash pad canopy equaling $29,197 and reductions for the Periwinkle Stormwater Park equaling $489. All the above amounts are identified in Exhibit "A" attached to the Resolution. RECOMMENDED ACTION 153 of 189 ATTEST: Sally A. Maio, MMC City Clerk RESOLUTION NO. R 11 13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted Resolution No. R -10 -31 on September 22, 2010 approving the City's 2010 -1 1 budget, also referred to as the Annual Budget Resolution; and WHEREAS, the City of Sebastian adopted Resolution No. R -11 -07 on March 23, 2011 regarding revenues and expenditures for the three (3) months ended December 31, 2010; and WHEREAS, an analysis of the revenues and expenditures for the three (3) months ended March 31, 2011 has indicated that adjustments are necessary; and WHEREAS, the City Manager has previous approved these adjustments in accordance with the Annual Budget Resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Don Wright Councilmember Andrea Coy Councilmember Richard H. Gillmor Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 25 day of May 2011. CITY OF SEBASTIAN, FLORIDA By: Mayor Jim Hill Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 154 of 189 EXHIBIT "A" FY 2011 AMENDED BUDGET BEFORE 2ND QUARTER BUDGET AFTER FUND TITLE ADJUSTMENTS ADJUSTMENTS ADJUSTMENTS GENERAL Revenues 10,472,292 32,539 10,504,831 Expenditures 10,472,292 32,539 10,504,831 LOCAL OPTION GAS TAX Revenues 1,975,892 1,975,892 Expenditures 1,975,892 1,975,892 DISCRETIONARY SALES TAX Revenues 2,904,324 (176,000) 2,728,324 Expenditures 2,904,324 (176,000) 2,728,324 RIVERFRONT REDEVELOPMENT Revenues 977,096 977,096 Expenditures 977,096 977,096 RECREATION IMPACT FEE Revenues 620,519 (29,686) 590,833 Expenditures 620,519 (29,686) 590,833 STORMWATER UTILITY FEE Revenues 1,138,977 1,138,977 Expenditures 1,138,977 1,138,977 LAW ENFORCEMENT FORFEITURE Revenues 10,250 10,250 Expenditures 10,250 10,250 DST DEBT SERVICE FUND Revenues 1,020,411 1,020,411 Expenditures 1,020,411 1,020,411 STORMWATER DEBT SERVICE FUND Revenues 439,999 439,999 Expenditures 439.999 439,999 GOLF COURSE Revenues 1,297,884 1,297,884 Expenses 1,297,884 1,297,884 AIRPORT Revenues 395,070 395,070 Expenses 395.070 395,070 BUILDING Revenues 465,740 465,740 Expenses 465,740 465,740 TOTAL BUDGET 21,718,454 (173,147) 21,545,307 155 of 189 Description GENERAL FUND SUMMARY TAXES LICENSES PERMITS INTERGOVERNMENTAL REVENUES CHARGES FOR SERVICES FINES AND FORFEITS MISCELLANEOUS REVENUES TRANSFER FROM OTHER FUNDS TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES CITY COUNCIL 24,445 54,065 CITY MANAGER 124,841 269,986 CITY CLERK 133,105 297,087 LEGAL 119,961 194,494 ADMINISTRATIVE SERVICES 289,371 578,543 MANAGEMENT INFO SERVICES 121,710 266,344 POLICE DEPARTMENT 2,278,451 4,826,931 PUBLIC WORKS 1,943,816 4,319,990 GROWTH MANAGEMENT 167,115 382,856 NON DEPARTMENTAL 556,516 679,131 TOTAL EXPENDITURES 5,759,331 11,869,427 ENDING CASH RESERVES 6,475,617 5,076,088 TOTAL USES 12,234,948 16,945,515 Property tax collections during the first quarter this year are lower than last year due to the decline in taxable values. Business Licenses are now being accounted for in the Building Enterprise Fund- Fines and Forfeits include collection of Code Enforcement liens, which have increased over prior years. Miscellaneous Revenues continues to be low versus budget because of limited investment returns. Total Sources includes the amount of actual and estimated cash reserves. For the 2011 Annual Budget, we did not anticipate using any cash reserves. Spending by all the Departments are all within the 50% of budget (one -half of the fiscal year) except Administrative Services. Administrative Services is slightly higher because of the payment for the annual audit. The Non departmental category is over 50% of budget because the City's total annual contribution to the CRA Fund was made in the first quarter. LOCAL OPTION GAS TAX FUND TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES DEBT SERVICE OTHER EXPENDITURES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES 2nd Qtr YTD BUDGET 2nd Qtr YTD BUDGET 5,097,772 7,934,958 542% 4,824,326 7,531,430 54 1% 4,201,952 7,179,708 58.5% 15,102 55,200 27.4% 16,813 51,400 32.7% 12,425 44,650 27.8% 799,334 2,054,617 38.9% 813,304 1,723,105 47.2% 770,955 1,836,540 42.0% 146,386 327,301 44.7% 151,601 289,147 52.4% 134,576 286,550 47.0% 27,785 59,600 46.6% 34,484 55,000 62.7% 37,323 65,500 57.0% 125,958 490,759 25.7% 106,343 423,190 25.1% 109,813 338,124 32.5% 402,696 949,080 42.4% 382,444 848,909 45.1% 368,363 753,759 48.9% 6,615,013 11,871,515 55.7% 6,329,315 10,922,181 57.9% 5,635,407 10,504,831 53.6% 5,619,935 5,074,000 110 8% 5,534,856 6,131,749 90 3% 4,962,399 5,068,245 97 9% 12,234,948 16,945,515 72.2% 11,864,171 17,053,930 69.6% 10,597,806 15,573,076 68.1% 287,260 172,834 460,094 150,000 100,318 116,446 366,764 93,330 460,094 CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 2ND QUARTER FISCAL YEARS 2009, 2010 AND 2011 FY2009 FY2010 45.2% 46.2% 44.8% 61.7% 50.0% 45.7% 47.2% 45.0% 43.6% 81.9% 48.5% 127.6% 72.2% 754,800 38.1% 140,000 123.5% 894,800 51.4% 300,000 50.0% 239,016 42.0% 215,784 54 0% 754,800 48.6% 140,000 66.7% 894,800 51.4% 22,277 52,117 42.7% 116,187 254,480 45.7% 154,065 296,444 52.0% 50,925 125,340 40.6% 247,835 492,658 50.3% 113,227 266,913 42 -4% 2,214,526 4,675,788 47.4% 1,670,847 3,694,008 45.2% 175,469 437,156 40.1% 491,362 627,277 78.3% 5,256,720 10,922,181 48.1% 6,607,451 6,131,749 107,8% 11,864,171 17,053,930 69.6% FY2011 2nd Qtr YID BUDGET 21,584 49,708 43 4% 104,272 234,642 44.4% 128,773 272,792 47.2% 48,917 125,785 38.9% 246,059 478,562 51.4% 114,496 248,908 46.0% 2,209,726 4,807,989 46.0% 1,451,630 3,385,604 42 -9% 165,923 348,734 47.6% 381,681 552,107 69.1% 4,873,061 10,504,831 46.4% 5,724,745 5,068,245 113.0% 10,597,806 15,573,076 68.1% 2,715,729 3,167,006 85.8% 236,584 623,521 37.9% 226,792 152,559 148.7% 1,392,655 1,401,543 99.4% 2,942,521 3,319,565 88.6% 1,629,239 2,025,064 80.5% 1,180,439 1,180,439 100.0% 132,207 264,463 50.0% 188,118 324,100 58.0% 155,415 250,000 62.2% 1,250,461 0.0% 949,586 175,000 542 6% 1,368,557 2,755,000 49.7% 1,237,208 689,463 179.4% 1,573,964 564,565 278.8% 392,031 1,335,601 29.4% 2,942,521 3,319,565 88.6% 1,629,239 2,025,064 80.5% Refinancing the Paving Loan provided funds for additional paving work and lowered the annual debt service requirement. 2011 actual beginning cash reserves included the amount of loan proceeds that had not been expended by the end of last fiscal year. 2nd Quarter Year -to -Date Revenue reflects just five monthly payments, due to accruals. DISCRETIONARY SALES TAX FUND TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES 1,002,092 2,478,000 2,411,939 2,626,000 3,414,031 5,104,000 40.4% 91.8% 66.9% 586,981 3,267,957 18.0% 586,981 3,267, 957 18.0% 2,827,050 1,836, 043 154 -0% 3,414,031 5,104,000 66.9% 39.1% 979,159 2,349,593 41.7% 73.8% 1,329,570 1,292,080 102.9% 54.1% 2,308,729 3,641,673 63.4% 1 982,322 2,510,445 1,404,945 1,904,156 2,387,267 4,414,601 1,120,494 3,673,830 30 5% 909,191 2,728,324 33.3% 1,120,494 3,673,830 30.5% 909,191 2,728,324 33.3% 1,266,773 740,771 171.0% 1,399,538 913,349 153.2% 2,387,267 4,414,601 54.1% 2,308,729 3,641,673 63.4% 2nd quarter revenue reflects just five months payments, because the October payment for September collections was accounted for in 2010. 156 of 189 Description 2nd Qtr YTD BUDGET RIVERFRONT REDEVELOPMENT FUND TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES OPERATING EXPENDITURES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES OTHER EXPENDITURES TRANSFERS TO OTHER FUNDS TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES EXPENDITURES ENDING CASH RESERVES TOTAL USES TRANSFER FROM OTHER FUNDS MISC. REVENUES TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES 511,341 355,965 867,306 65,867 309,781 375,648 491,658 867,306 1,338,432 1,338,432 A number of projects are being funded from cash reserves. STORMWATER UTILTY FUND TOTAL REVENUES 695,620 897,200 77.5% BEGINNING CASH RESERVES 1,161,570 1,141,387 101.8% TOTAL SOURCES 1,857,190 2,038,587 91.1% 8,705 476,318 485,023 1,372,167 1,857,190 LAW ENFORCEMENT FORFEITURE FUND 2,748 24,206 26,954 4,604 22,350 26,954 DISCRETIONARY SALES TAX BOND FUND OPERATING EXPENDITURES 375 300 DEBT SERVICE 1,033,256 1,034,631 TOTAL EXPENDITURES 1,033,631 1,034,931 ENDING CASH RESERVES (305,091) 210,000 TOTAL USES 728,540 1,244,931 CITY OF SEBASTIAN, FLORIDA COMPARISON OF' ACTUAL TO BUDGET END OF 2ND QUARTER FISCAL YEARS 2009, 2010 AND 2011 Funds paid by the City and County are included in the second quarter year -to -date revenues RECREATION IMPACT FEE FUND TOTAL REVENUES 13,343 135,000 9.9% 20,673 BEGINNING CASH RESERVES 1,325,089 1,300,000 101.9% TOTAL SOURCES 1,338,432 1,435,000 93.3% 516,479 1,032,957 708 1,974 517,187 1,034,931 211,353 210,000 728,540 1,244, 931 FY2009 FY2010 537,023 95.2% 293,774 121.2% 830,797 104.4% 104,987 62.7% 619,561 50.0% 724,548 51 106,249 462.7% 830,797 104.4% 175,000 0.0% 175,000 0.0% 1,260,000 106.2% 1,435,000 93.3% 3,500 1,452,635 1,456,135 582,452 2,038,587 248.7% 32.8% 33.3% 235.6% 91.1% 11,000 25.0% 23,000 105.2% 34,000 79 3% 15,500 29 7% 18,500 120.8% 34,000 79.3% 50.0% 35.9% 50.0% 100.6% 58.5% 125.0% 99.9% 99.9% 145.3% 58.5% 2 2nd Cltr YTD BUDGET 571,193 1,033,393 1,604, 586 107,847 1,120,494 1,228, 341 376,245 1,604, 586 16,586 16,586 1,037,480 1,054,066 535,754 535,754 1,190,126 1,725, 880 517,932 1,287 519,219 338,906 858,125 675 889,947 890,622 (32,497) 858,125 599,092 95.3% 267,250 386.7% 866,342 185.2% 168,100 64.2% 411,500 272.3% 579,600 211.9% 286,742 131.2% 866,342 185.2% 56,247 36.8% 13,722 30,791 44.6% 1,033, 393 884,464 116.8% 1,106, 310 853,307 129.6% 1,054,066 940,711 112.0% 1,120, 032 884,098 126.7% 267,596 6.2% 267,596 6.2% 673,115 154.1% 940,711 112.0% 713,877 877,344 81.4% 693,837 843,200 82.3% 1,012,003 651,397 155.4% 588,841 601,040 98.0% 1,725,880 1,528,741 112.9% 1,282,678 1,444,240 88.8% 100 1,020,454 1,020,554 508,187 1,528,741 Stormwater fee collections have declined due to property owners receiving credits allowed by the Ordinance for stormwater facilities they made to their properties. 6,099 10,200 59.8% 51,947 20,970 247.7% 58,046 31,170 186.2% 4,079 0.0% 53,967 31,170 173.1% 58,046 31,170 186.2% These funds are used for the DARE Program, for vehicle towing charges pending reimbursement and to provide drug investigation monies. 1,035,869 1 ,000 1,036,869 214,358 1,251,227 0 0% 52.5% 52.5% 234.2% 112.9% 50.0% 128.7% 50.1% 158.1% 68.6% 300 225 0% 1,036,569 85.9% 1,036,869 85.9% 214,358 15.2% 1,251,227 68.6% FY2011 2nd Qtr YTC BUDGET 299,076 300,382 99.6% 682,591 676,714 100.9% 981,667 977, 096 100.5% 50,097 120,727 41.5% 44,903 365,000 12.3% 95,000 485,727 19.6% 886,667 491,369 180.4% 981,667 977,096 100.5% 57,254 57,254 1,062, 778 1,120,032 469,439 469,439 813,239 1,282,678 881 73,160 74,041 1,260 72,781 74,041 498,778 2,166 500,944 1,554,654 2,055,598 675 897,841 898,516 1,157,082 2,055,598 157 of 189 590,833 9.7% 590,833 9.7% 293,265 362.4% 884,098 126.7% 100 1,138,877 1,138,977 305,263 1,444, 240 0.0% 41.2% 41.2% 266.4% 88.8% 10,250 8.6% 52,609 139.1% 62,859 117.8% 0.0% 62,859 115.8% 62,859 117.8% 997,557 50 0% 22,854 9.5% 1,020,411 49.1% 1,541,577 100.8% 2,561,988 80.2% 300 225.0% 1,019,279 88.1% 1,019,579 88.1% 1,542,409 75.0% 2,561,988 80.2% At the end of 2009, with the rating downgrade of the insurer of our bond reserve, additional funds had to be transferred to the Bond Fund Cash Reserves. Description STORMWATER UTILITY BOND FUND TRANSFER FROM OTHER FUND MISC. REVENUES TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES DEBT SERVICE TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES GOLF COURSE FUND CHARGES FOR SERVICE MISC. REVENUES TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES AIRPORT FUND LEASE REVENUES MISC. REVENUES TOTAL REVENUES BEGINNING CASH RESERVES TOTAL SOURCES PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TRANSFER TO PROJECTS DEBT SERVICE TOTAL EXPENDITURES ENDING CASH RESERVES TOTAL USES Ending Cash Reserves have steadily anticipated CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 2ND QUARTER FISCAL YEARS 2009, 2010 AND 2011 FY2009 FY2010 FY2011 2nd Qtr YTD BUDGET 2nd Qtr YTD BUDGET 2nd Qtr YTC BUDGET 220,068 440,135 50.0% 219,120 438,240 50.0% 219,439 438,877 50.0% 240 875 27.4% 310 120 258.3% 110 1,122 9.8% 220,308 441,010 50.0% 219,430 438,360 50.1% 219,549 439,999 49.9% 20,541 20,470 100.3% 85,876 20,686 415.1% 182,951 182,932 100.0% 240,849 461,480 52.2% 305,306 459,046 66.5% 402,500 622,931 64.6% 92,943 441,010 21.1% 89,118 438,360 20.3% 439,410 439,911 99.9% 92,943 441,010 21.1% 89,118 438,360 20.3% 439,410 439,911 99.9% 147,907 20,470 722.6% 216,189 20,686 1045.1% (36,910) 183,020 20.2% 240,849 461,480 52.2% 305,306 459,046 66.5% 402,500 622,931 64.6% Debt service to date includes the payments of principal and interest on the bonds. 931,578 24,117 955,695 767,043 1,722,738 167,822 513,080 89,576 770,478 952,260 1,722,738 180,766 8,627 189,393 84,081 273,474 1,613,050 172,627 1,785,677 766,000 2,551,677 386,301 995,642 98,744 304,990 1,785,677 766,000 2,551,677 30,000 30,000 60,000 155,000 215,000 57.8% 14.0% 53.5% 100.1% 67.5% 43.4% 51.5% 90.7% 0.0% 43.1% 124.3% 67.5% 602.6% 28.8% 315.7% 54 2% 127 2% BUILDING FUND TOTAL REVENUES 217,011 536,207 40.5% BEGINNING CASH RESERVES 1,008,089 1,035,000 97.4% TOTAL SOURCES 1,225,100 1,571,207 78.0% PERSONAL SERVICES 180,462 OPERATING EXPENSES 60,209 TOTAL EXPENDITURES 240,671 ENDING CASH RESERVES 984,429 TOTAL USES 1,225,100 78.0% 398,841 137,366 536,207 1,035,000 1,571,207 45.2% 43 8% 44.9% 95.1% 3 841,700 20,586 862,286 542,988 1,405,274 186,945 31,148 218,093 10,346 228,439 87,482 23,734 111,215 824,851 936,066 1,483, 200 112,713 1,595,913 764,318 2,360, 231 155,059 350,023 464,645 922,790 10,000 7,375 313,100 627,079 1,595,913 778,195 764,318 1,405,274 2,360,231 371,219 17,000 388,219 65,784 454,003 379,674 109,660 489,334 779,429 1,268,763 56 7% 18.3% 54.0% 71.0% 59.5% 44.3% 50.4% 0.0% 2.4% 39.3% 101.8% 59.5% 50.4% 183.2% 56.2% 15.7% 50.3% 140,153 489,334 28.6% 795,913 779,429 102.1% 936,066 1,268,763 73.8% 23.0% 21.6% 22.7% 105.8% declined due to the economic slump. However, Beginning Cash Reserves 860,328 16,614 876,942 (335,946) 540,996 151,134 463,846 10,000 624,980 (83,984) 540,996 189,131 6,296 195,427 (7,625) 187,802 178,298 55,942 234,240 541,507 1,261,474 36,410 1,297,884 (367,001) 930,883 1,075 1,297,884 (367,001) 930,883 68.2% 45.6% 67.6% 91.5% 58.1% 340,270 44.4% 956,539 48.5% 0.0% 0 0% 48.2% 22.9% 58.1 Shortfalls in actual revenues required the use of Cash Reserves to meet total expenditures over the past couple of years.lt is normally our intent to maintain Cash Reserves and pro shop inventory exceeding liabilities but at the end of 2010, we would not have enough cash on hand to pay off accrued compensated absenses and refund prepaid memberships and customer credits 2010 was the last year of debt service on the Bonds and we are hopeful that we can begin to correct this. 345,855 49,215 395,070 (96,942) 298,128 54.7% 12.8% 49.5% 7.9% 63.0% 111,963 232,065 48.2% 109,895 231,369 47.5% 104,233 230,275 45.3% 62,765 101,031 62.1% 94,768 148,300 63.9% 378,370 156,245 242 2% 0.0% 8,105 0.0% 4,795 0.0% 26,296 75,464 34.8% 8,550 0.0% 0.0% 0.0% 8,550 0.0% 8,550 0.0% 201,024 408,560 49.2% 221,318 388,219 57.0% 487,398 395,070 123.4% 72,450 (193,560) 37.4% 7,121 65,784 10.8% (299,596) (96,942) 309.0% 273,474 215,000 127.2% 228,439 454,003 50.3% 187,802 298,128 63.0% Cash Reserves have been used to meet total expenditures and required grant matching funds over the past several years. It is normally our intent to maintain Cash Reserves exceeding liabilities but at the end of each year, we have not had enough cash on hand to pay off accrued compensated absenses and other liabilities. 221,228 465,740 47 5% 554,519 504,899 109.8% 775,747 970,639 79.9% 367,626 98,114 465,740 504,899 48.5% 57.0% 50.3% 107.3% 73.8% 775,747 970,639 79.9% for 2011 were slightly higher than 158 of 189 Description GENERAL FUND DETAIL ON DEPARTMENTS CITY COUNCIL Personnel Operating Totals CITY MANAGER Personnel Operating Totals CITY CLERK Personnel Operating Totals LEGAL Personnel Operating Totals ADMINISTRATIVE SERVICES Personnel Operating Totals MANAGEMENT INFO SERVICES Personnel Operating Capital Outlay Totals POLICE DEPARTMENT Personnel Operating Capital Outlay Totals PUBLIC WORKS Personnel Operating Capital Outlay Totals GROWTH MANAGEMENT Personnel Operating Totals NON DEPARTMENTAL Personnel Operating Transfers to Other Funds Totals TOTAL EXPENDITURES Personnel Operating Capital Outlay Transfers to Other Funds Totals ENDING CASH RESERVES TOTAL USES CITY OF SEBASTIAN, FLORIDA COMPARISON OF ACTUAL TO BUDGET END OF 2ND QUARTER FISCAL YEARS 2009, 2010 AND 2011 FY2009 FY2010 2nd Qtr YTD BUDGET 2nd qtr YTD BUDGET FY2011 2nd Qtr Y TC BUDGET 11,390 22,755 50.1% 11,390 22,742 50.1% 11,382 22,761 50.0% 13,055 31,310 41 7% 10,887 29,375 37.1% 10,202 26,947 37.9% 24,445 54,065 45.2% 22,277 52,117 42.7% 21,584 49,708 43.4% 120,104 265,486 45.2% 113,547 250,455 45.3% 103,280 229,734 45.0% 4,737 4,500 105.3% 2 4,025 65.6% 992 4,908 20.2% 124,841 269,986 46.2 °Io 116,187 254,480 45.7% 104,272 234,642 44.4% 115,037 252,302 45.6% 109,870 240,794 45.6% 108,074 243,373 44.4% 18,068 44,785 40.3% 44,195 55,650 79.4% 20,699 29,419 70.4% 133,105 297,087 44.8% 154,065 296,444 52.0% 128,773 272,792 47 2% 78,222 81,636 95.8% 0 0 0.0% 0 0 0.0% 41,739 112,858 37.0% 50,925 125,340 40.6% 48,917 125,785 38.9% 119,961 194,494 61.7% 50,925 125,340 40.6 48,917 125,785 38 9% 224,432 499,528 44.9% 183,067 408,939 44.8% 179,607 397,517 45.2% 64,939 79,015 82.2% 64,768 83,719 77.4% 66,452 81,045 82.0% 289,371 578,543 50.0% 247,835 492,658 50.3% 246,059 478,562 51.4% 95,976 217,279 44.2% 92,566 206,855 44.7% 91,289 203,713 44.8% 23,035 34,065 67.6% 19,361 28,735 67.4% 23,207 40,195 57.7% 2,699 15,000 18.0% 1,300 31,323 4.2% 0 5,000 0.0% 121,710 266,344 45.7% 113,227 266,913 42.4% 114,496 248,908 46.0% 2,061,281 4,352,783 208,265 438,548 8,905 35,600 2,278,451 4,826,931 1,317,003 2,910,076 611,609 1,387, 914 15,204 22,000 1,943,816 4,319,990 47 4% 1,987,317 4,250,025 46.8% 1,956,680 4,381,821 44.7% 47.5% 196,428 398,892 49.2% 222,009 389,533 57.0% 25 0% 30,781 26,871 114.6% 31,037 36,635 84.7% 47.2% 2,214,526 4,675,788 47.4% 2,209,726 4,807,989 46.0% 45.3% 1,185,833 2,563,799 46.3% 1,015,071 2,348,344 43.2% 44.1% 468,967 1,116,609 42 0% 435,129 1,024,460 42.5% 69.1% 16,047 13,600 118.0% 1,430 12,800 11.2% 45.0% 1,670,847 3,694,008 45 2% 1,451,630 3,385,604 42.9% 159,090 366,446 43.4% 168,591 372,436 45.3% 142,349 312,127 45.6% 8,025 16,410 48.9% 6,878 64,720 10.6% 23,574 36,607 64.4% 167,115 382,856 43.6% 175,469 437,156 401% 165,923 348,734 47.6% 3,755 5,000 75.1% 11,095 15,000 74.0% 552,761 674,131 82.0% 480,267 612,277 784% 0 0 0.0% 0 0 0.0% 556,516 679,131 81.9% 491,362 627,277 78.3% 4,186,290 8,973,291 46.7% 3,863,276 8,331,045 46.4% 1,546,233 2,823,536 54.8% 1,345,316 2,519,342 53.4% 26,808 72,600 36.9% 48,128 71,794 67.0% 0 0 0.0% 0 0 0.0% 5,759, 331 11,869,427 48.5% 5,256,720 10,922,181 48.1D/0 6,475,617 5,076,088 127.6% 6,607,451 6,131, 749 107.8 12,234,948 16,945,515 72.2% 11,864,171 17,053,930 69.6% 4 8,154 15,000 54.4% 373,527 537,107 69.5% 0 0 0.0% 381,681 552,107 69.1% 3,615,886 8,154,390 44.3% 1,224,708 2,296,006 53.3% 32,467 54,435 59.6% 0 0 0.0% 4,873, 061 10, 504, 831 46.4% 5,724,745 5,068,245 113.0% 10,597,806 15,573,076 68.1% 159 of 189 GENERAL CAPITAI. PROJECTS FUND 310 Project Number Description C1.011 Police Vehicle Replacement 2010 CLOSED C1105 Police Vehicle Replacement 2011 C 1 106 Munis Upgrade CLOSED C1107 MIS Broadcasting Equipment C 1108 Excavation Equipment CAPITAL IMPROVEMENT PROJEC'T'S FUND 320 Project Number Descnption TRANSPORTATION CAPITAL PRO.IECTS FUND 330 Project Number Description 00735 Powerline Road ('0834 512 Corridor (DST FI]OT Grant) C'1031 2010 Bank Note Road improvements C1131 DS 1 Improvements ('1 132 Gateway Enhancement P0001 Road Paving P0002 Sidewalk.'Bikepath Program S'IORMWAT'ER IMPROVEMENT FUND FUND 363 Project Number Description AIRPORT PROJECT'S FUND 455 Project Number Description CAPITAL PROJECT STATUS REPORT 3/31/2011 Current Prior Years Balance Year Year To -Date to r; Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete 211,447 98 29,610 -45 181,837 53 211,447 98 100 00% 276.500.00 17,552 36 17,552 36 252,582 50 6,365 14 6 35% 22,551 94 22,551.94 22,551 94 100.00% 80 -000 00 75,598 45 75,598 45 4,401 55 94 50% 200,000 00 113,797.00 86,203.00 0.00% 790,499 92 47,162 81 181,837 53 229,000 34 252,582 50 6,365.14 28 -97% Current Pnor Years Balance Year Year To -Dale to Budget Expenditures E enditures Expenditures Encumbrances Complete Complete C0721 ilardee Park Improvement (Zone A) 50,000.00 21,918 32 14,294 78 36,213 10 13,786.90 72.43% 00824 Periwinkle Stormwater Park Enhancements CLOSED 5,51 1.39 5,51 1.39 5,51 1.39 100 00% C0921 Schumann Park improvements 204,460 00 142,653 11 142,653.11 2. 940 -00 58,866 89 69 77% C102 I Splash Park Canopy (RIF) 20,802 38 20,802 38 20,802.38 100 00% 0'1022 Skate Park Office (RIF( 50,000.00 33.716.89 15,525 20 49,242 -09 3,079.35 (2,321 44) 98 48% Cl 121 Barber Street Field Expansion 125,000 00 660 00 660 00 13,874 26 110,465.74 0.53% (.1122 Riverview Park Pavilion 50,000 00 50,000 00 0 00% Cl 123 Bark Park Amenties 75,000 00 75,000.00 0.00% (‚1124 Lift Station riverview Park 100,000 00 100,000 00 0 00% 01125 Riverview Park Irrigation Fountains 25,000 00 4,019 00 4,01900 23,981 00 16 10% C Riverview Park Street Parking 113,500.00 13,500 00 100,000 00 0 00% C1 127 Parking Study (CRA) 30,000 00 27,404 44 27,404.44 2,595.56 91.35% C1128 Walerfront Renovations (CRA) 250,000 0(1 161,325 53 161,325 53 88,674 47 64 50% 1,114,971.39 248,178 72 177,984 48 426,163 20 19,893 61 668,914 58 38 22% Current Prior Years Balance Year Year To -Date to Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete 1,161,250 00 13,727 74 152,132 60 165,860 34 53,717 50 94 1,672 16 14 28% 279,528 00 714.83 23,989 37 24.704 20 254,823.80 8 84 1,250.461 00 863,092 46 13,025 64 876,118 10 323,259 13 51,083.77 70 06% 250,000 00 9,849 89 9,849.89 3,589.76 236,560 35 3 28% 25,000 00 25,000.00 0 -00% 89,554.57 8,336 00 8,336.00 81,218 57 9 31% 59,019.00 54,131.00 54,131 00 4,888 00 91.72% 3,164,812 57 887.384 92 251,614.61 1,138,999 53 380,566 39 1,645,24665 35.99°0 C urrenl Prior Years Balance Year Year To -Date to is Budget Expenditures Expenditures kxpendrtures I•.ncumbranccs Complete C omplCle C4604 Middle Stonecrop Improvements 321,261,00 191,861 73 191,861 73 129,39927 59 -72% C4606 Col tier Creek Improvements (DEI' GRANT 5500.000) 4. 925,102 11 4,577 50 4,907,797 11 4,912,374.61 12,727 50 (0 00) 99.74% C0961 Potomac Road Crossing 125,000 00 2,208 99 34,509.99 36,718 98 6.440 00 81,841 02 29 -38% 1'0003 114 Round Swale Rehab (DST) 2,147,720 00 268,323.90 1,654,139 20 1,922,463 10 56.513,73 168,743.17 89.51% C1601 Stormwater master Plan 50,000,00 27,500 00 22,500 00 0 -00% C'1602 Road Crossing Repairs 61,040 00 61.039 80 0 20 100 00% 7,630.123 1 1 275,1 10.39 6,788,308 03 7,063,418 42 103,181 23 463,523.46 93.32% Current Prior Years Balance Year Year To -Date to °u Budget Expenditures Expenditures Expenditures Encumbrances Complete Complete C3502 Construct Access Road (5828,081 Grant) CLOSED 937,898.59 937.898 59 937,898 59 100 001 C0951 Construct Hangars (1,160,000 grant) 1,450,000.00 188,802 88 3,690 00 192,492.88 1,083,502 85 174,004 27 13 28% 2,387,898.59 188,802.88 941,588 59 1,130,391 47 1,083,502 85 174,0tb71 01 0 -b6` JYOF HOME OF PELICAN ISLAND QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2011 Prepared by Administrative Services Department 161 of 189 As of March 31, 2010, the total available funds of the City were $14,006,419. $3,438,221 was held in an interest bearing checking account and $1 0,568,198 was invested in the SBA and other investment vehicles. The investments consist of the following: Investment Type Amount State Board of Administration (SBA) 3,984,070 Certificate of Deposits (CDs) 568,286 US Government Treasury and Agency Bonds 6,015,842 Total Investments 10,568,198 The details of each investment types are presented on the following pages. 162 of 189 INVESTMENT ALLOCATION General Fund Performance Deposits Local Option Gas Tax Fund Discretionary Sales Tax Fund Riverfront Redevelopment Fund Recreation Impact Fee Fund Stormwater Utility Fund Law Enforcement Forfeiture Fund Stormwater Projects Fund Building Department Fund Cemetery Trust Fund cashsba0331 5/15/2011 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 3/31/2011 STATE BOARD OF ADMINISTRATION CURRENT PERCENT BALANCE 41.28% 1,644,455.52 6.73% 267,969.12 4,95% 197,314.08 1.93% 76,716.85 8.82% 351,309.53 13.40% 533,755.56 1.23% 48,838.56 2.74% 109,056.10 9.51% 379,010.33 9.43% 375,644.13 Sub -Total 100% 3,984,069.78 163 of 189 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 3/31/2011 CERTIFICATES OF DEPOSIT DATE OF PRINCIPAL MATURITY INSTITUTION PURCHASE BALANCE YIELD DATE PNC Bank 12/15/09 568,286.15 2.956% 06/15/11 TOTAL 568,286.15 CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund 100.00% 568,286.15 TOTAL 568,286.15 cashsba0331 5/15/2011 164 of 189 ASSET NAME U.S. Treasury Note U.S. Treasury Note U.S. Treasury Note FNMA Note FHLMC Note FHLB Note TOTA L General Local Option Gas Tax Discretionary Sales Tax DST Bond Reserve Account Riverfront Community Redevelopment Agency Recreation Impact Fee Stormwater Revenue Building Cemetery Trust cashsba0331 5/15/2011 YIELD TO MATURITY 0.5082% 0.4315% 0.7917% 0.5840% 0.6578% 0.8641% SCHEDULE OF INVESTMENTS 3/31/2011 CUSTODIAL ACCOUNT DATE OF PURCHASE 11/30/10 12/08/10 03/31/11 12/08/10 12/08/10 03/31/11 PURCHASE PRICE 997,460.94 1,004,852.34 997,362.43 1,012,840.00 999,434.17 1,003,892.22 6,015,842.10 2,248,008.61 50,060.95 602,478.99 1,012, 840.00 533,217.04 666,322.76 200,243.79 200,243.79 502,426.17 TOTAL 6,015,842.10 MATURITY DATE 10/12/12 05/31/12 02/28/13 07/30/12 12/28/12 03/27/13 165 of 189 CUSIP NUMBER 912828PD6 912828NE6 912828QK9 31398AT77 3137EACQ0 313372RK2 To: Mayor and City Council Thru: Al Minner, City Manager From: Kenneth W. Killgore, Director of Finance Date: May 20, 2011 Re: 2 Quarter Accomplishments Fiscal Year 2011 a�Q SF. N HOFAI OF FEUOWI ISLAM Memorandum Enclosed please find the 2" Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended March 31, 201 1. CITY CLERK Legislative Support Matters Prepared agenda packets and minutes for six Regular City Council meetings, one Joint Council /School Board meeting, two CRA meetings, and two Board of Adjustment meetings attended meetings for total of 201/2 hrs. One ordinance adopted, one passed on first reading Eight Council resolutions adopted One official document recorded w /Clerk of Court Coordinated with recipients for preparation and presentation of three proclamations Placed four courtesy meeting ads in the Press Journal Placed two legal notices in Press Journal Provided monthly City calendars and revisions to Council, city staff and press Provided monthly regional and county board meeting calendars to Council Prepared travel for one Council member to attend FLC Advanced Institute for Elected Municipal Officials Recorded and prepared minutes for Mayors' Meeting in Sebastian on 1 /10 /11 Coordinated attendance of clergy for Council meeting invocations Records Management Program Responded to 40 public records requests 9 boxes of records that reached retention or were scanned 16 hags of duplicate and OSA records destroyed by Shred -It Recycling 6 trees saved Scanned into Laserfiche l8 sets of minutes, 30 agenda packets, 8 Resolutions, 1 Ordinances, 9 agreements and 54 Cemetery files 15 other documents 120 Building Contractor Files and Permit Folders with Plans scanned by the Building Dept. Submitted annual Public Records Compliance form to State of Florida Election Matters All TR (Termination Reports) from 2010 Election submitted by 1/31 deadline Set up lobby table to instruct residents about qualifying, early and absentee voting, and voter registration Prepared ten qualifying handbooks for interested residents Pre qualified one candidate for November election on 3/18/11 Attended 3/7/11 meeting w /City Attorney at SOE proposed Interlocal Agreement between SOE City 1 166 of 189 Board Matters Provided secretarial services, prepared agendas and minutes for Treasure Coast Regional League of Cities meetings in January/St. Lucie Village and March/Fellsmere City Clerk and Deputy Clerk attended and recorded three Charter Review Committee monthly meetings Filled six board vacancies Prepared four Certificates of Appreciation for presentation to board members by Mayor RPM attended and recorded four Natural Resources Board meetings Cemetery Matters Certificates of Interment Rights issued for 14 locations for a total of 13,700.00 Community Matters Responded to 59 e-mails to the general City of Sebastian e-mail address or forwarded to appropriate departments Swore in three police officers Worked with Historical Society with cemetery, General Development and Elected Officials information in their preparation of Third Tales of Sebastian Personnel /Educational Matters All attended Granicus Webinar on 3/1/11, Essential Records Webinar on 3/14/11, and Social Media Webinar on 3/16/11 ADMINISTRATIVE SERVICES Worked with Investment Advisor and purchased additional securities to provide better diversification and yield. Presented the 1 S Quarter 2011 Budget Amendment to the City Council. Worked with Auditors to complete the FY2010 financial audit and financial statements. Submitted FY2010 Comprehensive Annual Financial Report to the Government Finance Officers Association's Awards Program. Developed budget calendar for events that will keep preparation of the FY2012 budget on schedule. Handled normal processing of payroll, accounts payable and cashiering. Coordinated the quarterly employee investment meetings with ICMA. Monitored and completed required grant paperwork on Airport and other grants. Monitored and approved payments on major contracts. Recruited, interviewed, and hired replacements for vacant positions. MIS Upgraded the Building Department's IMS web -based real time interface. Fought off every attempt to breach our security. Tracked and stopped 107 attacks. Continued to maintain all communications equipment and operate free from any interruption in services. Upgraded the Police Department to the latest version of IMC. Set up a new Munis Server for Finance on a windows platform. Upgraded all servers, workstations and laptops to the newest version of virus software. Set up a sign shop request form to help with their work order flow. Improved monitoring and produced reports to reduce the number of alarms generated to the Police Department. Put together and installed 90% of the new AV automation, camera and production equipment. Used the camera to film 4 different events for future footage. Processed 2267 work orders during the quarter, compared to 2008 the last quarter. Ran broadcast station Channel 25 and provided 9 websites to inform the residents. Working on automating the broadcasting equipment to program and remotely update the time our shows will air. Performed 72 workstation preventive maintenance task. Performed 87 user training hours. Working on tightening network security. Installed new server at the Airport to be the disaster backup server. 167 of 189 POLICE DEPARTMENT Administration Conducted interviews for police officer and records specialist positions. Hired 3 full -time police officers, 3 dispatchers and 1 records specialist (all replacements). Continued review of agency policies as per accreditation standards. Administration attended 7 City Council and Special Meetings. Attended over 50 law enforcement related meetings and 10 public meetings and/or speaking engagements. Completed a 13 week citizen's academy with over 25 graduates. 351 incident reports processed/dispersed to proper agencies and entered into IMC: Incidents Arrest Burglary 44 6 TheftNehicle 3 0 Thefts 75 l5 Fraud 10 1 Murder 0 0 Drug/Narc /Equip 1 12 Motor Vehicle Theft 4 3 Domestic Violence 26 DUI 11 Special Detail: 27 Calls for Service: 15,224 Self Initiated: 11,985 Dispatched: 3,239 Building Checks: 3,419 Area Checks /Directive Patrol: 2,149 Arrest Reports (Juveniles) 24 Arrests Reports (Adults) 87 Accident Reports/Driver Exchanges processed, dispersed and entered into IMC 89 (71 Accidents 18 Driver Exchanges) Traffic Citations processed and entered into IMC 384 (Civil 320; Criminal 34; Citation Arrests 26; Voided 4) Parking Citations processed, followed up and entered into IMC 104 Warning Citations processed, followed up and entered into 1MC 1,489 Subpoenas signed, processed and distributed 417 Jan. 132; Feb. 130; Mar. 155 Fingerprinting Service: Jan. 27; Feb. 31; Mar. 39 97 Supplements 80 Traffic Enforcements 1,648 Red Notices 138 Public Record Requests: Jan. 137; Feb. 138; Mar. 155 430 Road Patrol Officers responded to 15,224 calls for service, and self initiated 11,985 events. 87 adult and 24 juvenile arrests were made. Officers issued 384 citations, 104 parking citations, and 1489 written warnings. Officers completed 35 l offense reports, 1 1 t arrest reports, and 71 crash reports. Special Operations Citations Warnings Incidents Arrests Traffic Homicides (0) Boat Officers 0 0 0 0 K -9 Officers (41138/46131) 55 271 15 25 15 K -9 Usage /Activity Reports: 420 K -9 Training hours 6 K -9 Demonstrations 4 Felony and 0 Misdemeanor Apprehensions 3 168 of 189 Road Patrol and Special Operations have continued to professionally serve the community by patrolling the city in order to deter crime and to maintain the community policing philosophy. During this quarter the department began its annual mandatory retraining, which consists of a 40 hour training block. During this quarter three officers Officer Ashley Lockhart, Officer Shawn Daley and Officer Milton Martin) were hired and began the Field Training Program. The Marine Unit had maintenance performed in preparation for the training the assigned Marine officer was going to attend. Community Policingl'i'rainin Attended 9 business contacts /meetings. Such as numerous financial institutions, Chamber of Commerce, Substance Awareness Council, Law Enforcement Special Olympics Torch Run and other local businesses. Assisted road patrol duties to handle calls for service and covering shift. shortages. Officer Marcinik completed approximately 200 hours on backgrounds for applicants. Officer Marcinik conducted 3 hours of car seat education to the public. Officer Marcinik also had 3 hours of community problem solving/intervention. This activity is responding to various neighborhood issues and helping with crime prevention. Officer Marcinik had I hours of Recruiting. This includes phone calls and walk -in inquiries. Officer Marcinik instructed and attended the Citizens Academy which began in January. Officer Marcinik gave 3 department tours. This was for a scout group and citizen academy participants. Officer Marcinik conducted a security survey for a resident. Conducted 7 hours of instruction and observation on the crossing guards. School Resource Unit 20 DARE classes running through a 10 week period Officer Jursik was assigned to Road Patrol during this rating period and his stats will be reflected in that Division. Community Volunteer Unit The Community Service Volunteers worked a total of2416 hours during this quarter. 62 bank deposit details were made. This service is done for City Hall saving time for the employees by not having to leave their assigned duties. 3 traffic control detail was assigned. These consist of directing traffic at city events, road closures, etc. 126 house watches /close patrols were completed. 106 vehicle transports were made consisting of taking the vehicles to different locations for repairs etc. 487 business checks were made. These business checks are done and help the patrol officers keep an eye on the business community which cuts down on crime. 210 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. 57 Airport checks were made. Again the visibility helps to deter crime. 195 special details were assigned. 8 miscellaneous assists for law enforcement personnel. 195 paper runs ie: State Attorneys Office, Sheriff's Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney packets and what ever other items are needed. Assisted with traffic control on 3 traffic crash scene. 3 warning for handicapped parking ticket issued and 0 warning for other parking issued. 31 citizen contacts. 448 Miscellaneous jobs. Training Unit Processed numerous schools for the department which totaled 272 course hours of training. Assisted with the citizen's academy. Setting up and maintaining FDLE mandatory re- training for officer's certifications. Investigations 32 cases were assigned. Numerous vehicle burglaries, residential burglaries, frauds, sexual battery, thefts, possession of narcotics, stolen vehicle. 3 felony arrests were made. 16 cases being cleared. 26 cases were inactivated due to no leads. 54 reports /supplements were completed. 6 warrants were obtained for burglary of dwelling, burglary of vehicle, fraud and theft, etc. 164 active cases are assigned. 4 169 of 189 Communications Division 15,224 calls entered into C.A.D. (IMC) of that 3,239 were dispatched calls for service 1,439 were Code Enforcement Initiated calls 10,020 were Officer Initiated calls 525 were Volunteer Initiated calls 1 was handled by civilians Total 911 calls received 1,746 of that: 609 calls were transferred to other agencies 129 hang -ups 45 TDD used The breakdown of the lines is as follows: Wireless 911 calls 1,142 (cell phones) Wire -line 91 I calls 564 (residential and/or business lines) VOIP 91 l calls 39 (computer phone) Unknown line 1 Incoming Admin Lines answered on black phones only are 6,020 of that: 1,175 were transferred out of dispatch 642 were abandoned Unknown total calls received on the Siemens phones. Equipment Repairs: Radio, Net Clock 911 Phones Training attended: 2 Dispatchers attended FDLE Regional Work Group Meeting 2 Dispatchers attended FDLE Terminal Agency Coordinator (TAC) of which we hosted in the City Council Chambers. I Dispatcher attended FDLE Point of Contact for DHSMV. 3 new dispatchers hired and in training. Lost one dispatcher to another division within the department. During this quarter as in all quarters, Communications /Records assisted the Citizens of Sebastian with house watch requests and cancellation services, citation sign off's, information, phone numbers and other services by contacting other Agencies and /or Departments for them. Communications takes and dispatches all non emergency and emergency phone calls, as well as requests for Law Enforcement, Code Enforcement and Volunteer services. Communications assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Drivers License Office, key holders and any other agency requests they may have as well as sending teletype messages to DHSMV, FCICINCIC and other Law Enforcement Agencies regarding cases our agency is working. We also provide services to non residents by answering questions, giving phone numbers, referring them to the proper agency, etc. We also assist other agencies with information and/or requests they may have. Alarm Assessments $300.00 in alarm permits $600.00 in false alarms fines 104 alarm responses by officers. 24 New permits issued. Code Enforcement Division issued 450 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. 446 Code Violations. 653 Code Services. 629 re- inspections. 354 of the violations were complied with, 66 were not complied with, 144 were posted for abatement, 65 abated by vendors. 100 Closed cases. 52 Liens filed. 22 releases of liens. 159 violation letters sent. For various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. In an attempt to gain compliance. 5 170 of 189 PUBLIC WORKS DEPARTMENT Engineering Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. Reviewed for approval numerous FEMA FIRM flood map revisions (in conjunction with Growth Management). Worked on the DOT Barber St. project Field Investigations Handled 7 new pool construction inspections. Handled 55 new home construction inspections. Handled 1 new home drainage permits. Handled 60 new fence permits. Set elevation for'/ round project driveway pipes. Set elevation and grade for 4 road crossing pipes Coordinate with Growth Management on 4 FEMA applications. Designed 4 catch basins Miscellaneous Worked with FPL on the installation of new street lights. Traffic Division Regulatory signs 100 Warning signs 8R1-la 31 Street signs 24 Temp signs 47 Specialty Signs —48 Decals 27 Pavement Markings 2500 ft Arrows 8 Legends (only, school, stop) -0 RPMs 40 Beacon Maintenance 40 hours Straighten Posts 180 Painting HC spots 6 Painting /stenciling 200 ft. Paving duties /Inspection -0 Striping inspections 1 Ballard repair /Inst.- 6 Site plan review 4 Roads and Maintenance Complete the Skate Park. Haul dirt to the Golf Course for the air port project- Work on the fence at the compound- Work on the light on the pedestrians footbridges. Work on the lights on Indian River Drive by Earls Hideaway that was hit. Trim trees at the Golf Course for Airport project. Fix the sign at the Golf Course. Repair the roof leak at the Compound. Work on the trailer for the events barricades. Dig out for the playground at Hardee Park. Meet with Work Force Solutions at River View Park for the elec. for the mobile unit. Get the slab poured and install Lions Club drinking fountain. Pick up truck from welding shop for the Garage. Patch pothole throughout the City. Measure and order the sod for the Airport project. Repair the info centers at the Cemetery. Repair the paver at the Main St- boat ramp. 6 171 of 189 Cut and clean up at Schumann along the railroad tracks. Cut around the guardrail throughout the city. Take the roller to the Golf Course for Sean to use. Cut and clean the ditch at 512 and Wimbrow DR. Cut all bridge Approaches throughout the city. Cut whir at Main St and Hardee Park. Pick up couch on Wave St. for Code Enforcement. Fix the letters for the sign at old city hall and change them to black letter. Cut retention ponds in Schumann area. Clean up in the Compound. Repair Yacht Club dock. Set up and breakdown parking and road close for the Art Show. Order concrete for the Golf Course. Cut and clean trash out of the big ditch in front of the Golf Course. Repair the pump at the compound that the bug people broke. Repair the lights in the big building. Build catch basin for Fairfield for Storm Water. Help Storm Water flag on Barber St. Help Jerry with drilling holes in the roads for testing. Help parks with the fountain at the Garden Club Park. Fill holes around the sidewalk at Riverview Park. Haul dirt to Hardee Park Remove stop sign on Barber St. Work on Fixed assets. Remove dead pine tree from the ditch at 814 Maple St. for Code Enforcement. Clean up trash in the right of ways an Laconia St and Periwinkle Dr. Replace stolen storm grate on Joy Av. and Vocelle Av. Cut pepper trees, vines and dead pine trees and remove it all at 185Dock Av. Clean up the lot next to 698 Tulip Dr. and the right of way. Cleanup right of way on Main St and S. Wimbrow Dr. .Trim palm trees behind 186 Main St. Grade the parking lot behind Hess. Sweep Golf Course, City Hall and P.D. Parking lots. Pick up Dump truck from Palm Bay for the Garage. Haul 3 loads of dirt to the Dog Park. Fix the approaches to the park lot behind the Splash Pad. Work on the light at the airport. Repair drinking fountain at the Bark Park. Repair parking lot at the Storm Water Park. Build new sign and install it at Hardee Park. Build catch basin for Fairfield Ln. Set up and break down for Pelican Island. Remove the gutter for 367 Wallis St that was damages by the long arm. Install new bench at Riverview Park. Haul concrete out of the fill pile. Install drains for the gutters at the Skate Park. Install new rules sign at the Skate Park. Help the Cemetery. Install new plaques on the Lions Club drinking fountain. Install new light pole and bollards across for Mel Fisher Museum. Put gravel in the Main St parking lot. Build and install new sign Barber St sports complex. Install address number on the Skate Park. Cut and remove dead pine tree on 331 Columbus St. Repair the water line to the fish cleaning table at the Yacht Club. 7 172 of 189 Help the garage work on the sweeper truck. Repair the lights on Indian River Dr. Repair lights at the compound and the Garage. Haul dirt out of the Cemetery. Cut and clean up curb and gutters and the sidewalk an Main St. Remove dead tree that fell in the road at Spinnaker Ln and Ablett Ter. Build a catch basin for Genesee Av. Swept streets and parking lot 283miles, 11 dumps and 16 fills. Parks and Recreation Replaced irrigation valve, pipes heads on U.S.1 medians due to traffic accidents. Trimmed trees on U.S. 1 medians, City Hall and Police Department. Replaced pump start relay for U.S. 1 median. Set up for rentals replaced 4 parking stops at Yacht Club. Installed no smoking signs in Riverview Park. Repaired fence around playground and replaced fountain pump at Riverview Park Set up and maintained Riverview Park for Fine Art Music Festival, Concerts in the Park, Pelican Island Wildlife Festival, Vietnam Veterans Service and Rotary Home and Garden Show. Set up stage for Relay for Life event at McDonalds in Roseland. Removed graffiti from picnic tables at Riverview Park. Replaced 2 lights, 2 tennis nets and removed graffiti at Schumann Park Roto tilled walking trails at Filbert St., Bryant Ct. and George St. Parks Repaired benches and playground at Bryant Ct. Park. Replaced two feature valves at Splash Pad. Installed new chlorine feeder shade canopies at Splash Pad. Planted Oak tree, repaired existing play area installed new playground at Hardee Park. Removed several dead trees at Periwinkle Park. Resurfaced four clay courts, replaced lights and re hung wind screens at Friendship Park. Fertilized all athletic fields and City properties. Applied Top Choice insecticide to all athletic fields. Prepared baseball fields far new season at Barber St. Sports Complex. Repaired 2 scoreboards and irrigation at Barber St. Sports Complex. Replaced 3 ballast and 12 light fixtures at Barber St. Sports Complex. Repaired 2 dugout benches and installed no smoking signs at Barber St. Sports Complex. Removed dead shrubs and replanted 2 trees at City Hall. Installed new drain, 8 pallets of sod and made many irrigation repairs at Dog Park Repaired playground equipment and removed graffiti at Creative Playground. Repaired 2 picnic tables at George St. Park Mowed fire break in Storm Water Park Trimmed trees and shrubs in Schumann Drive medians Continued regular maintenance. Cemetery The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging. Fertilized and applied weed killer. Made necessary irrigation repairs. Installed all necessary' memorial plaques. City Garage The fleet staff completed 168 repair work orders (a 28% increase over last quarter) and 64 Preventative Maintenance services (a 49% increase over last quarter) from January through March 2011. In addition to the in -house vehicle /equipment work orders, 50+ vehicle /equipment repairs were scheduled and completed by outside vendors. These repairs were needed due to a large backlog of overdue vehicle repairs and PM services. The Fleet Staff has completed the parts inventory and has identified the obsolete inventory to be exchanged or to be sold at auction. Repair parts are now being restocked to increase vehicle repair production. The use of Governmental contracts to purchase items to maintain the City Fleet has been expanded from tires and fuel, to include filters, batteries and all auto and light truck repair parts. The use of these contracts 8 173 of 189 has reduced the purchase cost of parts. The parts are being delivered, thus saving time and travel for shop staff, and reducing the quantity of inventory stocked. The Fleet Management shop has completed the upgrading of their safety programs as follows: MSDS Files and employee training PPE... Issued and employee training Inspection of vehicle lifts (annually) Relocating the compressed gas storage Installation of a new eye wash station Replacement of all safety signage in the fleet shop area. Fuel costs as of March 31, 2616 were: $3.94 per gallon for gas an increase of 14% over the past 90 days $3.71 per gallon for diesel an increase of 18% over the past 90 days The fuel costs are increasing more than expected due to conflicts in other parts of the world. Facilities Maintenance Replaced exhaust fan motor PD Roof Semi Annual A.C. Inspections at C.H. and P.D. Quarterly testing of sprinkler systems at City Hall and PD and Lopresti hangar Annual Backflow preventer testing City wide Replace batteries in all T -stats and handicapped devices city wide Pump septic tank Riverview park for Art and Music festival Replace Exhaust fan motor C.H. Installed 2 designated 120V circuits in M.I.S. office Installed new eye wash and shower station at garage. Installed 2 -20 amp 120 volt designated circuits in broadcast room Repaired minor roof leaks, patched numerous blisters and recauked joints on curbing at City Hall and Police Department Replaced worn out and leaking concealed door closers an front and rear doors at Golf Course club house Installed backflow preventer on Indian River Drive for combination drinking fountain Replaced rotten siding and trim boards and vapor barrier on gable end of City garage and repainted. Installed backflow preventer at skate park Switched exterminating company from Orkin to Sebastian River Exterminating and Sandpiper pest control. Had minor mold remediation performed at PD Evidence area and purchased and installed air purification machine. Conducted annual testing of fire alarm systems at City Hall, PD, School, Airport Admin Bldg and Lopresti hangar. Reset all city timers to daylight savings time Completed 55 work orders in a timely manner. Stormwater Driveway replacements for 1 /4 round 100 Pipe replacements 1826. LF 1536 feet of 12" 60 feet of 15" 130 feet of 18" 100 feet of 36" Catch basins built and installed 4 Page Six 1st Quarter Report Public Works Department Road crossings repaired 1 Cut back Mowing with long arm Completed 2 Units 2 and 3 1/4 round improvements Laconia, and surrounding streets 3 sliplining projects at Tulip, Main Street and Airport Drive East Vac Truck cleaned 60 driveways and 10 catch basins 9 174 of 189 GROWTH MANAGEMENT Site Plan Reviews (major, minor and administrative): Site plan hearings /approvals 4 Site plan (commercial) inspections 5 Appeals 0 Extensions 0 Pre Application Meetings 7 Subdivision and PUD Reviews: Division of a single lot 1 Preliminary plats 0 Construction plans 0 Final plats 0 Extensions 0 Annexations: 0 Land Use and Zoning changes: 0 FEMA: Flood zone determinations 27 LOMR (Letter of Map Revision) Applications 6 Code Amendments: Land Development 1 (Flood Damage Prevention) Comprehensive Plan 0 Discussions /Workshops 2 (CWR CR Zoning Districts) Zoning Applications: Variances 2 Conditional use permits 1 Overlay District waivers 2 Special events/Temporary use permits 4 Accessory Structures (over 500 sq. ft.) 1 Model home permits (new renewals) 0 Sign permits 19 Total 17 permanent, 2 temporary, 0 A -frame Release of Unity of Titles 0 Abandonment of Easements 1 ROW Dedications 0 Residential/Commercial lnspections: Final tree inspections- 25 Land clearing permits 17 14 Residential, 1 Commercial, 2 Grubbing Tree Removal permits 18 Dewatering 0 Erosion Sediment 12 5' Code Enforcement Nuisance 32 Final P &Z (New Construction) 4 Fill /Excavation 0 Comprehensive Plan: 0 RECYCLE BINS: 211 County Residents Key accomplishments: Fisherman's Landing site plan review, approval and right of way encroachment agreement Facade, Sign and Landscaping 11 grants awarded Riverfront Parking Study completed, approved DCA approval of Capital improvements Element Ongoing FEMA map review, including protest on several areas of proposed map revision. City has successfully been recertified for the 1 1 year as a "Tree City USA" community. 10 175 of 189 BUILDING DEPARTMENT In the second quarter of this fiscal year 13 new single- family homes were issued building permits. This is a marked increase from the previous quarter. The increase can mainly be attributed to one homebuilder who is new to our community and is now building homes in two of our existing developments, Collier Club and Ashbury. Other permits of significance were 1 new commercial building and 16 commercial alterations. In all, 542 building permits were issued in the second quarter. Permitting activity steadily increased with the most significant increases occurring in the month of March. Total number of inspections for the second quarter was 1,259 for an average of 21 inspections per working day. The number of inspections this quarter has also increased steadily from month to month. The Building Department has witnessed a significant increase in permitting activity during this quarter. This increase has enabled the building department to meet over all budget goals. It is hoped that this trend will continue. The Building Department presented a resolution to the City Council for their approval to modify the City Code of Ordinances entitled Chapter 46 "Floods which is being re- written as a result of an audit in 2010 conducted by the Florida Division of Emergency Management. These changes will bring the City's flood plain ordinances into compliance with the latest FEMA model codes. The following list of Business Tax Receipts were issued in the second quarter: New Businesses -45, Renewals -30, Transfers -6, Duplicates -0, Home Based Businesses -24, Commercial Businesses -19, Insurance Companies -2, Solicitor Permits -13. Business Tax Receipts have decreased slightly as compared to the first quarter. GOLF COURSE Total revenue for 2" quarter: $540,439, an increase of$58,346 over fiscal 09 -10 2 quarter. Golf Rounds for 2 quarter: 17,260, an increase of 1,978 over fiscal 09 -10 r quarter. Green Fee revenue for 2 quarter: $239,276, an increase of $26,084 over fiscal 09-10 2" quarter. Cart Fee revenue for r quarter: $245,554, an increase of $30,820 over fiscal 09 -10 2nd quarter. Golf shop revenue for r quarter: $17,602. Driving range revenue for r quarter: $18,067, an increase of $3,953 over fiscal 09 -10 r quarter. Discount Card revenue for r quarter: $7,980. Club Rental Club Storage revenue for r quarter: $1,233, an increase of $501 over fiscal 09 -10 2 quarter. Computerized golf handicap revenue for 2 quarter: $620, an increase of $80 over fiscal 09 -10 r quarter. Rents Royalty revenue for 2n quarter: $7,152. Professional golf lesson revenue for 2" quarter: $961. Annual Membership /Initiation revenue for r quarter: $1,063. Charity, Corporate and special Golf Tournaments for r quarter included New Year's Day Hangover Open (1 12 players), Skydive Sebastian 1 s Annual "Paragolf' Tournament (28 players), Melbourne Golf Association (48 players), Sebastian Women's Golf Association President's Cup (28 players), Sebastian Men's Golf Association President's Cup (100 players), Sebastian Eagles Lodge Golf Tournament (114 players), 2011 Sebastian 2- Person Team Championship (38 players), Vista Del Mar Homeowners Golf Tournament (48 players), Vista Gardens Golf Tournament (120 players). Charity, Corporate and special Golf Tournaments scheduled for 3'd quarter include Sebastian River Middle School Band, Harris Corporation, Sebastian River Chamber of Commerce, Brevard Rugby, Sebastian River High School Athletic Fundraiser, Sebastian Oriels and The No Name Bar Tournament. Donated rounds of golf and/or golf course merchandise to numerous charitable fundraisers and events. By donating to worthy causes, SMGC provides key support to numerous community endeavors. Offered free junior golf clinics for Sebastian River Middle School students. 176 of 189 DATE DAY 03/22!11 Tuesday 03/23/11 Wednesday 04/01/11 Friday 04/ 15/11 Friday 04/15/11 Friday 05/09/11 Monday 05/11111 Weds ay 05/16/11 Molina) FISCAL YEAR 2011 -2012 BUDGET CALENDAR 05/11/11 EVENT Budget Review Advisory Board (0 00pin I" Quarterly Report ReviewiBudgct Calendar Review City Council 1 6:30pm I S` Quarterly Report approval /Budget Calendar Approval Departments receive instructions on Capital Improvement Program Budget Instruction Packets distributed to Department Directors Departments submit Capital Improvements Program Request to Finance Director Quarterly Report Review Changed to 05/16/11 City Council (0,6:30pm 2 Repor• Approval Changed to 05/25111 /-wa=t Bud g et Re Revio... 5/24/11 05/18/11 Wednesday Wednesday City Managcr review with Departments on Budget and Capital improvements Program 05/24/11 Tuesday Budget Review Advisory Board @6:00 pm 2 Quarterly Budget Report 05/25/11 Wednesday City Council @6:30pm 2n Quarterly Budget Report Review 06/01/11 Wednesday Estimate of Property Value received from Property Appraiser 06/09/11 Thursday Budget Review Advisory Board @6:00pm Budget Discussion 06/17/11 Friday City Manager's Budget Projections sent to Budget Review Advisory Board 06/28/11 Tuesday Budget Review Advisory Board go:00pm Review Recommended Budget 07/01/11 Friday Form DR -420 Certified Taxable Values received from Property Appraiser 0/05/11 Tuesday Parks and Recreation Board Discussion of Recreation Impact Fee Capital Improvements 07/15/11 Friday City Manager's Recommended Budget submitted to City Council 07/19/11 Tuesday Budget Review Advisory Board @6:0Opm Final Discussion on Report to City Council 07/25/11 Monday Parks and Recreation Board Discussion of Recreation Impact Fee Capital Improvements 07/27/11 Wednesday City Council @6:30pm Final Report by Budget Review Advisory Board 07/27/11 Wednesday City Council @6:30ptn Approval of Proposed Millage 07/27/11 Wednesday Capital Improvements Program submitted to City Council and Planning Board 07/28/11 Thursday Form DR -420 Certification of Proposed Millage delivered to Property Appraiser Q8/04/11 Thursday Planning Board @7:O0pm Approval of Capital Improvements Program 08/10/11 Wednesday City Council @6:30pm Discussion of Capital Improvements Program 08/16/11 Tuesday Budget Review Advisory Board @6:0Opm 3` Quarterly Report Review 08/22/11 Monday City Council g5.30pm Special Meeting /Workshop on Proposed Budget 08/24/11 Wednesday City Council 6:30pm 3 Quarterly Report Approval 09/01/11 Thursday Final Adoption of County School Board Budget @7:00pm 09/07/11 Wcdncsday First Public Hearing on County Budget @5:01 pm 09/14/11 Wednesday Final Adoption of County Budget @.5:01 pm 09/19/11 Monday City Council @5:30pm Special Meeting for First Public Hearing on City Budget and Approval of Capital Improvements Program 09/24/11 Saturday Advertising of the Final Millage Rate and City Proposed Budget 09/28/11 Wednesday CRA Meeting @5:30pm Special Meeting for Adoption of CRA Budget City Council @6:30pm— Regular Meeting and Final Public Hearing on City Budget 09/29/11 Thursday Resolutions Adopting Final Millage and Budget sent to Property Appraiser and Tax Collector 177 of 189 Subject: Proposed Ordinance No. 0 -11 -05 Political Signs Approved for Submittal by: City Manager Agenda No. Department Ori City Attorney: ,c„ City Clerk: Cit At-limey's Office 1 ;'i,,. Date Submitted: 05/19/11 For Agenda of: 05125/11 Al Minner Exhibits: Proposed Ordinance No. 0 -11 -05 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A cRrcf 5 EB� IAN HOME OF PELICAN ISLAND SUMMARY This is a proposed Ordinance relating to the time during which political signs may be posted. The City currently prohibits the posting of political signs until 30 days before the election, but the 30 -day time frame has not been enforced for several years as a result of City Council waivers. The proposed ordinance uses a 75 -day posting, basing the time on the Charter's candidate qualifying period. At its May 19, 2011 meeting, the Planning and Zoning Commission reviewed and recommended approval of this proposed ordinance. RECOMMENDED ACTION Council should conduct a first reading of proposed Ordinance 0 -11 -05 and, if approved, set a public hearing. 178 of 189 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENLARGING THE TIME DURING WHICH POLITICAL SIGNS MAY BE POSTED, AMENDING SUB SECTION 54- 3 -16.5 (e) (4) d. OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Sebastian "Sebastian was founded as a small fishing village on the Indian River Lagoon in 1924, and WHEREAS, Sebastian has spent a great deal of its time, effort and financial resources in fostering and maintaining its unique "working waterfront" heritage and small town village ambiance, and WHEREAS, the Sebastian City Council "the Council recognizes that political signs are important components of election campaigns, and WHEREAS, the Council finds that: ORDINANCE NO. 0 -11 -05 once posted, political signs are rarely, if ever, repaired, replaced or maintained. •political signs are subject to harsh weather conditions, and they quickly fade, break apart and become damaged. .political signs can become dangerous projectiles during hurricanes and other tropical weather events. candidates and campaigns do not respond to requests to remove or secure their political signs as hurricanes and other tropical weather systems approach the city, and WHEREAS, political signs involve both public health and safety issues as well as aesthetic concerns, and WHEREAS, the Council wishes to provide an appropriate balance between the use of political signs by candidates and campaigns and ameliorate the public health, safety and aesthetic issues cause by their use, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Subsection 54 -3 -16.5 (e) (4) d. of the Land Development Code of the City of Sebastian, Florida, is hereby amended as follows: 179 of 189 Subsection 54 -3 -16.5 (e) Temporary signs: (4) Political signs. CITY OF SEBASTIAN, FLORIDA By: Mayor Richard Gillmor d. Posting time limits. It shall be unlawful for any person to post a political sign more than 39 75 days prior to the election in which the candidate's name or the issue will appear, and it shall be unlawful to fail to remove a political sign within five days after the election in which the candidate is eliminated or elected or the issue is approve or disapproved. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Don Wright Councilmember Richard H. Gillmor Councilmember Andrea B. Coy Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of May, 2011. 180 of 189 ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 181 of 189 Qfl# SI Tel HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 First Reading of Ordinance No. 0-11 06 Re eal of Code Sec. 2-168 ity a ager Exhibits: Proposed Ordinance, Sec. 2 -166 through 2 -173 Agenda No: 11,07 Department Origin: City Cler City Attorney: Date Submitted: 5/12/11 For Agenda of: 5/25/11 SUMMARY STATEMENT In 1997, City Council adopted newly revised Code language and a resolution establishing general provisions and procedures for appointment of Boards, Committees, and Commissions. This language is found in the Code of Ordinances Chapter Two, Article VI Sections 2 -166 through 2 -173. The language adopted in 1997 established the appointment procedures, residency requirement, term limitations, removal procedures, and defines that a permanent Board is adopted by ordinance and a temporary committee of shorter duration adopted by resolution. would like City Council to consider removing Section 2 -168 List of volunteers. It was relevant at the time it was written. It requires my office to run two display ads each year, listing all the boards, qualifications for membership and contact phone numbers. In 1997 I was just writing our first City website and it was primitive. Section 2 -169 also requires us to announce each vacancy on the City Hall lobby board and in the newspaper, which we do by press release at no cost. In addition to these locations, we have a list of all City Boards and Committees and advertise all vacancies on the City website, and on Channel 25 power point slides. The two display ads required by Section 2 -168 are costing me $450 per year, and eat up 1 /4 of my $1800 annual legal ad budget. As a matter of fact, as of this writing, we are already over budget for legal ads and still have 4 months to go in FY 11. RECOMMENDED ACTION Because of our ability to advertise the Board openings on the City website and Channel 25 and Board vacancies through press releases in the Press Journal, I am asking that City Council consider repealing Section 2 -168 as set out in the proposed ordinance. If Council agrees, Conduct first reading of Ordinance No., 0 -11 -06 and set public hearing for June 22, 2011. 182 of 189 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 2; ARTICLE VI, BY REPEALING SECTION 2 -168 WHICH PROVIDES FOR TWO ANNUAL ADVERTISEMENTS IN A NEWSPAPER LISTING ALL CITY BOARDS AND COMMITTEES AND QUALIFICATIONS THEREOF; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: WHEREAS, Code of Ordinances Section 2 -168, which provides for two annual advertisements in the newspaper listing all City boards and committees and qualifications therefore, was adopted in 1997 when there was no other means to notify the public; and WHEREAS, a complete list of all City Boards and Committees is now listed on the City website and all vacancies are listed on the City website, lobby board, and noticed by press release. Section 1. REPEAL OF SECTION 2 -168. That Chapter 2, Article VI, Section 2 -168 is hereby repealed: ORDINANCE NO. 0 -11 -06 Twicc a year advertisements shall be published in a ncwcpaper of general circulation setting forth a list of city boards and committees, special qualifications Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon final adoption by the City Council. 183 of 189 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Don Wright Councilmember Andrea B. Coy Councilmember Richard H. Gillmor Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2011. CITY OF SEBASTIAN, FLORIDA By: Mayor Jim Hill ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 184 of 18 Subject: Easy Street Park New Sidewalk and Lighting App i ve or Submittal by: Agenda No. 1 i 0. Department Origin: Department Head: l� Finance Directory, i�;• a City Attorney: 4. 4 i City Clerk: .1 ,I■ Al Y ne Date Submitted: May 19, 2011 For Agenda of: May 25, 2011 Exhibits: Proposed cost estimate and light fixture, spread sheet EXPENDITURE REQUIRED: $63,000 AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: $63,000 FUNDING SOURCE: Recreational Impact Fees MY OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Parks and Recreation Committee has been discussing the installation of a new sidewalk and lighting for the Easy Street Park. Residents in the area were notified and only one objection was received. The funding will come from Zones A,B and D. The attached estimate is for $57, 160, however we have added a 10 contingency to that making the allotted request $63,000. RECOMMENDED ACTION Move to allocate the funding for this project through Recreational Impact Fees zones A,B, and D. 185 of 189 EASY ST. PARK PATH LIGHTS BUDGET Concrete sidewalk $31,500.00 120 path lights spaced 20 ft. apart $15,500.00 Electric 8,000.00 30 pallets of bahia sod 2,160.00 TOTAL $57,160.00 Lights will be on outside edge of path. fnY Oi TIAN HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5330 PAX (772) 589 -5570 TN 186 of 189 total allocated ZONE A Total Collected S 492.375 INTEREST S 43.589 Riverview Park C4205 (32.250.00) Blossom Park C5204 (30,000.00) BSSC Football /Basketball Lighting C5202 (50,086.50) Community Center 05203 (1.741.64) Friendship Park C6205 (16,040.04) BBSC Baseball Lighting !Special Needs C6206 0.00 Dog Park (All Zones) C0724 (14.884.76) Hardee Park C0721 (50.000.00) Riverview Park C4205 0.00 Riverview Park C0821 (2,500.00) IRD /Main Street (70,623.04) Brick Wall Riverview Park (2,299.00) Schumann Park Improvements C0921 (51.115.00) Stormwater Park C0923 (3,714.01) Airport Park C1052 (7,020.55) Splash Pad C1021 (10.401.19) Skate Park C1022 (25,000.00) Riverview Park Pavillion C1122 (12,500.00) Bark Park 01123 (18,750.00) River Park Irrigation C 1 125 (6,250.00) Riverview Park Lift Station C1124 (25,000.00) Riverview Park Street Parking 01126 (48,000.00) Powerline Road Bikepath C0735 (15.250.00) UNENCUMBERED BALANCE 42,538.02 ZONE B TOTAL COLLECTED 222.625.00 INTEREST S 36,217 Easy Street Park C4203 (30.000.00) BSSC Football/Basketball Lighting C5202 (50.086.50) Community Center C5203 (1.741.64) Friendship Park C6205 (16,040.04) BBSC Baseball Lighting /Special Needs 0.00 Dog Park (All Zones) C0724 (14,884.77) Riverview Park C4205 (1,478.81) Riverview Park C0821 (2,500.00) 1RD/Main Street (70.603.64) Stormwater Park C0923 (3.714.01) Riverview Park Street Parking 01126 (2.000.00) Powerlinc Road Bikepath C0735 (15,250.00) UNENCUMBERED BALANCE 50,542.12 187 of 189 ZONE C 1 OTAL COLLECTED 420,225.00 INTEREST 5 22.689 Schumann Lake C'3201 (36,121.22) Filbert St C3203 (3,904.10) Riverview Park 04205 (32,250.00) Bryant Court C4202 (40.000.00) BSSC Lighting C5202 (50.086.50) Community Center C5203 (1,741.64) Friendship Park 06205 (16,040.04) BBSC Lighting /Special Needs 0.00 Dog Park (All Zones) C0724 (14.884.77) Riverview Park 00821 (2.500.00) IRD /Main Street (70.603.64) Brick Wall (a' Riverview Park (2,299.00) Schumann Park Improvements C0921 (102,230.00) Stormwater Park C0923 (3,714.01) Riverview Park Pavillion C1 122 (12,500.00) Bark Park C l 123 (18,750.00) River Park Irrigation C1125 (6.250.00) Riverview Park Lift Station C 1 124 (25.000.00) Riverview Park Street Parking C l 126 (1.000.00) Powerline Road Bikepath C0735 (15,250.00) UNENCUMBERED BALANCE (12,210.81) ZONE D TOTAL COLLECTED 946,725.00 INTEREST 5 96,144 George St Park C3202 (45,605.39) Riverview Park C4205 (32,250.00) Stonecrop Street Park C5201 0.00 BSSC Football /Basketball Lighting C5202 (50.086.50) Community Center C5203 (1.741.64) Friendship Park C6205 (16.040.04) BBSCBaseball Lighting /Special Needs 0.00 Dog Park (All Zones) C0724 (14,884.77) Riverview Park 00821 (2,500.00) IRD /Main Street C0741 (70,623.04) Brick Wall [u; Riverview Park (2.299.00) Garden Park Lighting C0822 (2.157.83) Stormwater Park 00824 (5,51 1.39) Schumann Park Improvements 00921 (51.115.00) Stormwater Park 00923 (3,714.01) Splash Pad C1021 (10,401.19) Skate Park C1022 (25,000.00) BE3SC fencing C1023 (1,705.00) Riverview Park Pavillion C1122 (25,000.00) Bark Park C1123 (37,500.00) River Park Irrigation C1125 12.500.00) Riverview Park Lift Station 01124 (50.000,00) Riverview Park Street Parking C1126 (49.000.00) Barber St Field Expansion (/112! (125.000.00) Powerline Road Bikepath 00735 (15,250.00) UNENCUMBERED BALANCE 392,983.78 188 of 189 TOTALS 473,853.12 RECREATION IMPACT FEE SUMMARY TOTAI. COLLECTED TOTAL INTEREST TOTAL ENCUMBERED 2,081,950.00 198,637.98 1,806.734.86) BALANCE 473,853.12 189 of 189