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Home My WebLink About12112013 Agenda RevisionsDECEMBER 11, 2013 CITY COUNCIL AGENDA PACKET REVISIONS For Agenda Item 12A — Resolution No. R -13 -41 Infrastructure Sales Tax Bonds Revised Resolution R -13 -41 (clean copy) pg 2 -11 Blacklined Resolution showing only revised pages pg 12 -14 For Agenda Item 12B — Resolution No. R -13 -42 Stormwater Utility Bonds Revised Resolution R -13 -42 (clean copy) pg 15 -22 Blacklined Resolution showing only revised pages pg 25 -26 For Aaenda Item 12F — Review /Aoorove Stormwater Master Plan Stormwater Master Plan (black and white copy) pg 27 -76 Appendix Quarter Round Testing pg 77 -80 For Aaenda Item 14 - Presidential Streets Update Presidential Streets Bid - Tim Rose - City Manager requests it be pg 81 -124 moved from Manager Matters to New Business For Item 16B.i. — Adams - Sober Home Reaulations Draft Letter pg 125 -126 New Item Workforce Solutions Agreement - City Manager is asking pg 127 -131 for action during Agenda Modifications to add to Consent Agenda 1 of 131 RESOLUTION NO. R -13 -41 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF HANCOCK BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH HANCOCK BANK; AUTHORIZING THE REFUNDING OF THE CITY OF SEBASTIAN, FLORIDA INFRASTRUCTURE SALES SURTAX REVENUE BONDS, SERIES 2003 AND 2003A; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,100,000 IN ORDER TO EFFECT SUCH REFUNDING; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE INFRASTRUCTURE SALES SURTAX REVENUES; DESIGNATING SUCH NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Sebastian, Florida and other applicable provisions of law. Section 2. Definitions. When used in this Resolution, terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined herein), unless the context clearly indicates a different meaning. "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, Section 212.055(2) Florida Statutes, the City Charter of the City, Ordinance 89 -6 adopted by the Board of County Commissioners of Indian River County, Florida on February 6, 1989, as amended and supplemented from time to time, particularly by Ordinance No. 2002 -021 2 of 131 adopted by the Board of County Commissioners of Indian River County, Florida on July 2, 2012, and other applicable provisions of law. "Bank" shall mean Hancock Bank, and its successors and assigns. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A., Tampa, Florida. "City" shall mean the City of Sebastian, Florida, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "City Manager" shall mean the acting City Manager of the City or, in his absence or unavailability, his duly authorized designee. "Clerk" shall mean the City Clerk of the City, or her or his duly authorized designee. "Council" shall mean the City Council of the City of Sebastian, Florida. "Director of Finance" shall mean the Director of Finance of the City and, in his absence or unavailability, his duly authorized designee. "Escrow Agreement" shall mean the Escrow Deposit Agreement to be executed between The Bank of New York Mellon Trust Company, N.A. and the City, which shall be substantially in the form attached hereto as Exhibit C. "Financial Advisor" shall mean FirstSouthwest, Orlando, Florida. "Infrastructure Sales Surtax Revenues" shall mean the proceeds of the infrastructure sales surtax received by the City in accordance with the Act. "Loan" shall mean the Loan from the Bank to the City in the aggregate principal amount of not exceeding $3,100,000 made in accordance with the provisions of the Loan Agreement. "Loan Agreement" shall mean the Loan Agreement to be executed between the Bank and the City, which shall be substantially in the form attached hereto as Exhibit B. "Mayor" shall mean the Mayor of the City and, in his absence or unavailability, the Vice Mayor of the City or any other member of the Council who is qualified to act on his behalf. "Prior Indebtedness" shall mean, collectively, all of the outstanding Series 2003 Bonds and Series 2013A Bonds. "Prior Resolution" shall mean Resolution No. R -03 -08 adopted by the Council on March 26, 2003, as amended and supplemented from time to time. 2 3 of 131 "Proposal" shall have the meaning ascribed thereto in Section 4(E) hereof. "Series 2003 Bonds" shall mean the City of Sebastian, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003. "Series 2003A Bonds" shall mean the City of Sebastian, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003A. "Series 2013 Note" shall mean the City of Sebastian, Florida Infrastructure Sales Surtax Refunding Revenue Note, Series 2013, as such Series 2013 Note is more particularly described in the Loan Agreement. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Resolution. Words importing the singular number include the plural number, and vice versa. Section 3. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Series 2013 Note by the Bank, the provisions of this Resolution shall be a part of the contract of the City with the Bank, and shall be deemed to be and shall constitute a contract between the City and the Bank. The pledge made in this Resolution by the City and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the benefit, protection and security of the Bank. Section 4. Findings. It is hereby ascertained, determined and declared that: (A) Pursuant to Prior Resolution, the City issued the Prior Indebtedness for the principal purpose of financing costs of the acquisition, construction and equipping of various capital improvements within the City. (B) The Prior Resolution provides for the defeasance of the Prior Indebtedness upon meeting certain requirements set forth in the Prior Resolution. (C) The City deems it to be in its best interest to issue its Series 2013 Note for the principal purpose of currently refunding the Series 2003 Bonds and advance refunding the Series 2003A Bonds in order to achieve debt service savings. (D) In connection with the refunding of the Prior Indebtedness, the City shall, as provided herein, deposit part of the proceeds derived from the sale of the Series 2013 Note in a special escrow deposit trust fund (the "Escrow Fund "), which deposited proceeds, together with other legally available moneys of the City, shall be sufficient to pay the Prior Indebtedness as the same matures or is redeemed prior to maturity, all as provided herein and in the Escrow Agreement. Subsequent to the defeasance of the Prior Indebtedness, the Prior Indebtedness shall no longer be payable from or be secured by 3 4 of 131 any portion of the Pledged Funds (as defined in the Prior Resolution), and upon such defeasance the Series 2013 Note shall be the only outstanding indebtedness secured by the Infrastructure Sales Surtax Revenues. (E) In response to a request for loan proposals distributed on behalf of the City by its Financial Advisor to qualified financial institutions, the Bank submitted a proposal (the "Proposal ") to the City for the purchase of the Series 2013 Note which, upon the advice of the Financial Advisor, constituted the most beneficial proposal to the City. (F) Due to the potential volatility of the market for tax- exempt obligations such as the Series 2013 Note and the complexity of the transactions relating to such Series 2013 Note, it is in the best interest of the City to sell the Series 2013 Note by a negotiated sale to the Bank pursuant to the Proposal and the provisions hereof and of the Loan Agreement, rather than at a specified advertised date, thereby permitting the City to obtain the best possible price, terms and interest rate for the Series 2013 Note. (G) The Series 2013 Note shall be payable solely from and secured by a lien upon and pledge of the Infrastructure Sales Surtax Revenues, in the manner and to the extent provided in the Loan Agreement. (H) It is not reasonably anticipated that more than $10,000,000 of tax- exempt obligations as defined under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, will be issued by the City during calendar year 2013. Section 5. Authorization of Refunding of Prior Indebtedness. The current refunding of the Series 2003 Bonds and the advance refunding of the Series 2003A Bonds is hereby authorized and approved. Section 6. Acceptance of Bank's Proposal. The City hereby accepts the Proposal to provide the City with a term loan not to exceed $3,100,000. The Proposal attached hereto as Exhibit A is hereby approved and accepted. All actions taken by the City Manager, the Director of Finance and the Financial Advisor with respect to such Proposal prior to the date hereof are hereby authorized and ratified. Section 7. Approval of Loan Agreement and Series 2013 Note. The City hereby approves the Loan from the Bank in the principal amount of not exceeding $3,100,000. The City Manager shall determine the specific amount of the Loan upon the advice of the Financial Advisor and approval of the Bank. The terms and provisions of the Loan Agreement in substantially the form attached hereto as Exhibit B are hereby approved, with such changes, insertions and additions as the City Manager may approve. The City hereby authorizes the City Manager to execute and deliver, and the Clerk to attest and affix the City seal to, the Loan Agreement substantially in the form attached hereto as Exhibit B, with such changes, insertions and additions as the City Manager may approve, his execution thereof being evidence of such approval. In order to evidence the n W 5 of 131 Loan under the Loan Agreement, it is necessary to provide for the execution of the Series 2013 Note. The City Manager and the Clerk are authorized to execute and deliver the Series 2013 Note substantially in the form attached to the Loan Agreement as Exhibit A with such changes, insertion and additions as they may approve, their execution thereof being evidence of such approval. The interest rate for the Series 2013 Note shall be determined in accordance with the provisions of the Proposal. Principal and interest shall be payable on each April 1 and October 1, commencing April 1, 2014 in amounts as determined by the City Manager, upon the advice of the Financial Advisor and approval of the Bank, and set forth in the Loan Agreement and the Series 2013 Note. The final maturity of the Series 2013 Note shall be April 1, 2017. Section 8. Authorization to Execute Escrow Deposit Agreement and Appointment of Escrow Agent. The City hereby authorizes and directs the City Manager to execute and the Clerk to attest an escrow deposit agreement (the "Escrow Deposit Agreement ") and to deliver the Escrow Deposit Agreement (the "Escrow Agreement ") to The Bank of New York Mellon Trust Company, N.A., which is hereby appointed as Escrow Agent. The Escrow Deposit Agreement shall be in substantially the form of the Escrow Agreement attached hereto as Exhibit C with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Agreement, as may be approved by said City Manager. Execution by the City Manager of the Escrow Agreement shall be deemed to be conclusive evidence of approval of such changes. Section 9. Designation of the Series 2013 Note as a Qualified Tax- Exempt Obligation. The City hereby designates the Series 2013 Note as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code. This designation is based upon the findings of the City set forth in Section 4(H) hereof and the City Manager is authorized to certify such finding upon the issuance of the Series 2013 Note. Section 10. Limited Obligation. The Series 2013 Note shall not be or constitute a general obligation or indebtedness of the City as "bonds" within the meaning of any constitutional or statutory provision, but shall be a limited and special obligation payable from the Infrastructure Sales Surtax as described in the Loan Agreement solely in the manner and to the extent set forth in the Loan Agreement and shall not be deemed a pledge of the faith and credit or taxing power of the City and such obligation shall not create a lien on any property whatsoever of or in the City other than the Infrastructure Sales Surtax. Section 11. General Authorization. The City Manager, the Mayor, the Director of Finance and the Clerk are authorized to execute and deliver such documents, instruments and contracts, whether or not expressly contemplated hereby, and the City Attorney, Bond Counsel, the Financial Advisor and other employees or agents of the City are hereby authorized and directed to do all acts and things required hereby or thereby as may be necessary for the full, punctual and complete performance of all the terms, F1 6 of 131 covenants, provisions and agreements herein and therein contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. Section 12. Repeal of Inconsistent Documents. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. Section 13. Effective Date. This Resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Richard H. Gillmor Council Member Andrea B. Coy [SIGNATURE PAGE TO FOLLOW] T 7 of 131 [SIGNATURE PAGE TO RESOLUTION] The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of December, 2013. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC, City Clerk Bob McPartlan, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney VA 8 of 131 EXHIBIT A Hancock Bank Proposal 9of131 I WA MO 11.11 Y a : Form;of Loan- Agreement, . 10 of 131 EXHIBIT C Form of Escrow Deposit Agreement 11 of 131 Draft #1-2_: 12/0-55Q2/2013 123- 00012.14B2 RESOLUTION NO. R -13 -41 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF HANCOCK BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH HANCOCK BANK; AUTHORIZING THE REFUNDING OF THE CITY OF SEBASTIAN, FLORIDA INFRASTRUCTURE SALES SURTAX REVENUE BONDS, SERIES 2003 AND 2003A; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,100,000 IN ORDER TO EFFECT SUCH REFUNDING; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE INFRASTRUCTURE SALES SURTAX REVENUES; DESIGNATING SUCH NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Sebastian, Florida and other applicable provisions of law. Section 2. Definitions. When used in this Resolution, terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined herein), unless the context clearly indicates a different meaning. "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, Section 212.055(2) Florida Statutes, the City Charter of the City, Ordinance 89 -6 adopted by the Board of County Commissioners of Indian River County, Florida on February 6, 1989, as amended and supplemented from time to time, particularly by Ordinance No. 2002 -021 12 of 131 "Proposal" shall have the meaning ascribed thereto in Section 4(E) hereof. "Series 2003 Bonds" shall mean the City of Sebastian, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003. "Series 2003A Bonds" shall mean the City of Sebastian, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003A. "Series 2013 Note" shall mean the City of Sebastian, Florida Infrastructure Sales Surtax Refunding Revenue Note, Series 2013, as such Series 2013 Note is more particularly described in the Loan Agreement. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Resolution. Words importing the singular number include the plural number, and vice versa. Section 3. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Series 2013 Note by the Bank, the provisions of this Resolution shall be a part of the contract of the City with the Bank, and shall be deemed to be and shall constitute a contract between the City and the Bank. The pledge made in this Resolution by the City and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the benefit, protection and security of the Bank. Section 4. Findings. It is hereby ascertained, determined and declared that: (A) Pursuant to Prior Resolution, the City issued the Prior Indebtedness for the principal purpose of financing costs of the acquisition, construction and equipping of various capital improvements within the City. (B) The Prior Resolution provides for the defeasance of the Prior Indebtedness upon meeting certain requirements set forth in the Prior Resolution. (C) The City deems it to be in its best interest to issue its Series 2013 Note for the principal purpose of currently refunding the Series 2003 Bonds and advance refunding the Series 2003A Bonds in order to achieve debt service savings. (D) In connection with the refunding of the Prior Indebtedness, the City shall, as provided herein, deposit part of the proceeds derived from the sale of the Series 2013 Note in a special escrow deposit trust fund (the "Escrow Fund "), which deposited proceeds, together with other legally available moneys of the City, shall be sufficient to pay the Prior Indebtedness as the same matures or is redeemed prior to maturity, all as provided herein and in the Escrow Agreement. Subsequent to the defeasance of the Prior Indebtedness, the Rel�itided B ' Prior. Indebtedness shall no longer be payable from or 3 13 of 131 be secured by any portion of the Pledged Funds (as defined in the Prior Resolution4, and upon such defeasance the Series 2013 Note shall be the only outstanding indebtedness secured by the Infrastructure Sales Surtax Revenues. (E) In response to a request for loan proposals distributed on behalf of the City by its Financial Advisor to qualified financial institutions, the Bank submitted a proposal (the "Proposal ") to the City for the purchase of the Series 2013 Note which, upon the advice of the Financial Advisor, constituted the most beneficial proposal to the City. (F) Due to the potential volatility of the market for tax- exempt obligations such as the Series 2013 Note and the complexity of the transactions relating to such Series 2013 Note, it is in the best interest of the City to sell the Series 2013 Note by a negotiated sale to the Bank pursuant to the Proposal and the provisions hereof and of the Loan Agreement, rather than at a specified advertised date, thereby permitting the City to obtain the best possible price, terms and interest rate for the Series 2013 Note. (G) The Series 2013 Note shall be payable solely from and secured by a lien upon and pledge of the Infrastructure Sales Surtax Revenues, in the manner and to the extent provided in the Loan Agreement. (H) It is not reasonably anticipated that more than $10,000,000 of tax- exempt obligations as defined under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, will be issued by the City during calendar year 2013. Section 5. Authorization of Refunding of Prior Indebtedness. The current refunding of the Series 2003 Bonds and the advance refunding of the Series 2003A Bonds is hereby authorized and approved. Section 6. Acceptance of Bank's Proposal. The City hereby accepts the Proposal to provide the City with a term loan not to exceed $3,100,000. The Proposal attached hereto as Exhibit A is hereby approved and accepted. All actions taken by the City Manager, the Director of Finance and the Financial Advisor with respect to such Proposal prior to the date hereof are hereby authorized and ratified. Section 7. Approval of Loan Agreement and Series 2013 Note. The City hereby approves the Loan from the Bank in the principal amount of not exceeding $3,100,000. The City Manager shall determine the specific amount of the Loan upon the advice of the Financial Advisor and approval of the Bank. The terms and provisions of the Loan Agreement in substantially the form attached hereto as Exhibit B are hereby approved, with such changes, insertions and additions as the City Manager may approve. The City hereby authorizes the City Manager to execute and deliver, and the Clerk to attest and affix the City seal to, the Loan Agreement substantially in the form attached hereto as Exhibit B, with such changes, insertions and additions as the City Manager may approve, his execution thereof being evidence of such approval. In order to evidence the 4 14 of 131 RESOLUTION NO. R -13 -42 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF HANCOCK BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH HANCOCK BANK; AUTHORIZING THE REFUNDING OF THE CITY OF SEBASTIAN, FLORIDA STORMWATER UTILITY REVENUE BONDS, SERIES 2003; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,200,000 IN ORDER TO EFFECT SUCH REFUNDING; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE STORMWATER FEE REVENUES; DESIGNATING SUCH NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Sebastian, Florida and other applicable provisions of law. Section 2. Definitions. When used in this Resolution, terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined herein), unless the context clearly indicates a different meaning. "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, Sections 403.0891 and 403.0893, Florida Statutes, City Ordinance No. 0- 01 -16, codified as Chapter 102, Article V of the City of Sebastian Code of Ordinances, Resolution No. R- 12-18 adopted by the Council on August 22, 2012, and other applicable provisions of law. 15 of 131 "Bank" shall mean Hancock Bank, and its successors and assigns. "Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A., Tampa, Florida. "City" shall mean the City of Sebastian, Florida, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "City Manager" shall mean the acting City Manager of the City or, in his absence or unavailability, his duly authorized designee. "Clerk" shall mean the City Clerk of the City, or her or his duly authorized designee. "Council" shall mean the City Council of the City of Sebastian, Florida. "Director of Finance" shall mean the Director of Finance of the City and, in his absence or unavailability, his duly authorized designee. "Escrow Agreement" shall mean the Escrow Deposit Agreement to be executed between The Bank of New York Mellon Trust Company, N.A. and the City, which shall be substantially in the form attached hereto as Exhibit C. "Financial Advisor" shall mean FirstSouthwest, Orlando, Florida. "Loan" shall mean the Loan from the Bank to the City in the aggregate principal amount of not exceeding $3,200,000 made in accordance with the provisions of the Loan Agreement. "Loan Agreement" shall mean the Loan Agreement to be executed between the Bank and the City, which shall be substantially in the form attached hereto as Exhibit B. "Mayor" shall mean the Mayor of the City and, in his absence or unavailability, the Vice Mayor of the City or any other member of the Council who is qualified to act on his behalf. "Prior Indebtedness" shall mean all of the outstanding City of Sebastian, Florida Stormwater Utility Revenue Bonds, Series 2003. "Prior Resolution" shall mean Resolution No. R -03 -48 adopted by the Council on October 22, 2003, as supplemented by Resolution No. R -03-49 adopted by the Council on October 22, 2003. "Proposal" shall have the meaning ascribed thereto in Section 4(E) hereof. 2 16 of 131 "Series 2013 Note" shall mean the City of Sebastian, Florida Stormwater Utility Refunding Revenue Note, Series 2013, as such Series 2013 Note is more particularly described in the Loan Agreement. " Stormwater Fee Revenues" shall mean the gross proceeds of the stormwater fee imposed by the City pursuant to Ordinance 0 -01 -16 adopted by the Council on September 26, 2001, as amended and supplemented from time to time, particularly by Resolution No. R -12 -18 adopted by the Council on August 22, 2012. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Resolution. Words importing the singular number include the plural number, and vice versa. Section 3. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Series 2013 Note by the Bank, the provisions of this Resolution shall be a part of the contract of the City with the Bank, and shall be deemed to be and shall constitute a contract between the City and the Bank. The pledge made in this Resolution by the City and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the benefit, protection and security of the Bank. Section 4. Findings. It is hereby ascertained, determined and declared that: (A) Pursuant to Prior Resolution, the City issued the Prior Indebtedness for the principal purpose of financing costs of the acquisition, construction and reconstruction of various capital improvements relating to the City's stormwater utility system. (B) The Prior Resolution provides for the defeasance of the Prior Indebtedness upon meeting certain requirements set forth in the Prior Resolution. (C) The City deems it to be in its best interest to issue its Series 2013 Note for the principal purpose of advance refunding the Prior Indebtedness in order to achieve debt service savings. (D) In connection with the refunding of the Prior Indebtedness, the City shall, as provided herein, deposit part of the proceeds derived from the sale of the Series 2013 Note in a special escrow deposit trust fund (the "Escrow Fund "), which deposited proceeds, together with other legally available moneys of the City, shall be sufficient to pay the Prior Indebtedness as the same matures or is redeemed prior to maturity, all as provided herein and in the Escrow Agreement. Subsequent to the defeasance of the Prior Indebtedness, the Prior Indebtedness shall no longer be payable from or be secured by any portion of the Pledged Funds (as defined in the Prior Resolution), and upon such defeasance the Series 2013 Note shall be the only outstanding indebtedness secured by the Stormwater Fee Revenues. 3 17 of 131 (E) In response to a request for loan proposals distributed on behalf of the City by its Financial Advisor to qualified financial institutions, the Bank submitted a proposal (the "Proposal ") to the City for the purchase of the Series 2013 Note which, upon the advice of the Financial Advisor, constituted the most beneficial proposal to the City. (F) Due to the potential volatility of the market for tax- exempt obligations such as the Series 2013 Note and the complexity of the transactions relating to such Series 2013 Note, it is in the best interest of the City to sell the Series 2013 Note by a negotiated sale to the Bank pursuant to the Proposal and the provisions hereof and of the Loan Agreement, rather than at a specified advertised date, thereby permitting the City to obtain the best possible price, terms and interest rate for the Series 2013 Note. (G) The Series 2013 Note shall be payable solely from and secured by a lien upon and pledge of the Stormwater Fee Revenues, in the manner and to the extent provided in the Loan Agreement. (H) It is not reasonably anticipated that more than $10,000,000 of tax- exempt obligations as defined under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, will be issued by the City during calendar year 2013. Section 5. Authorization of Refunding of Prior Indebtedness. The advance refunding of the Prior Indebtedness is hereby authorized and approved. Section 6. Acceptance of Bank's Proposal. The City hereby accepts the Proposal to provide the City with a term loan not to exceed $3,200,000. The Proposal attached hereto as Exhibit A is hereby approved and accepted. All actions taken by the City Manager, the Director of Finance and the Financial Advisor with respect to such Proposal prior to the date hereof are hereby authorized and ratified. Section 7. Approval of Loan Agreement and Series 2013 Note. The City hereby approves the Loan from the Bank in the principal amount of not exceeding $3,200,000. The City Manager shall determine the specific amount of the Loan upon the advice of the Financial Advisor and approval of the Bank. The terms and provisions of the Loan Agreement in substantially the form attached hereto as Exhibit B are hereby approved, with such changes, insertions and additions as the City Manager may approve. The City hereby authorizes the City Manager to execute and deliver, and the Clerk to attest and affix the City seal to, the Loan Agreement substantially in the form attached hereto as Exhibit B, with such changes, insertions and additions as the City Manager may approve, his execution thereof being evidence of such approval. In order to evidence the Loan under the Loan Agreement, it is necessary to provide for the execution of the Series 2013 Note. The City Manager and the Clerk are authorized to execute and deliver the Series 2013 Note substantially in the form attached to the Loan Agreement as Exhibit A with such changes, insertion and additions as they may approve, their execution thereof being evidence of such approval. The interest rate for the Series 2013 Note shall be M 18 of 131 determined in accordance with the provisions of the Proposal. Interest shall be payable on each May 1 and November 1, commencing May 1, 2014. The final maturity of the Series 2013 Note shall be May 1, 2022. Payments of principal shall be made annually on each May 1, commencing on May 1, 2014, in amounts as determined by the City Manager, upon the advice of the Financial Advisor and approval of the Bank, and set forth in the Loan Agreement and the Series 2013 Note. Section 8. Authorization to Execute Escrow Deposit Agreement and Appointment of Escrow Agent. The City hereby authorizes and directs the City Manager to execute and the Clerk to attest an escrow deposit agreement (the "Escrow Deposit Agreement ") and to deliver the Escrow Deposit Agreement (the "Escrow Agreement ") to The Bank of New York Mellon Trust Company, N.A., which is hereby appointed as Escrow Agent. The Escrow Deposit Agreement shall be in substantially the form of the Escrow Agreement attached hereto as Exhibit C with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Agreement, as may be approved by said City Manager. Execution by the City Manager of the Escrow Agreement shall be deemed to be conclusive evidence of approval of such changes. Section 9. Designation of the Series 2013 Note as a Qualified Tax - Exempt Obligation. The City hereby designates the Series 2013 Note as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code. This designation is based upon the findings of the City set forth in Section 4(IT) hereof and the City Manager is authorized to certify such finding upon the issuance of the Series 2013 Note. Section 10. Limited Obligation. The Series 2013 Note shall not be or constitute a general obligation or indebtedness of the City as "bonds" within the meaning of any constitutional or statutory provision, but shall be a limited and special obligation payable from the Stormwater Fee Revenues as described in the Loan Agreement solely in the manner and to the extent set forth in the Loan Agreement and shall not be deemed a pledge of the faith and credit or taxing power of the City and such obligation shall not create a lien on any property whatsoever of or in the City other than the Stormwater Fee Revenues. Section 11. General Authorization. The City Manager, the Mayor, the Director of Finance and the Clerk are authorized to execute and deliver such documents, instruments and contracts, whether or not expressly contemplated hereby, and the City Attorney, Bond Counsel, the Financial Advisor and other employees or agents of the City are hereby authorized and directed to do all acts and things required hereby or thereby as may be necessary for the full, punctual and complete performance of all the terms, covenants, provisions and agreements herein and therein contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. G 19 of 131 Section 12. Repeal of Inconsistent Documents. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. Section 13. Effective Date. This Resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Council Member Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea B. Coy Council Member Jerome Adams [SIGNATURE PAGE TO FOLLOW] G 20 of 131 [SIGNATURE PAGE TO RESOLUTION] The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of December, 2013. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, NI MC, City Clerk Bob McPartlan, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 7 21 of 131 EXHIBIT A Hancock Bank Proposal 22 of 131 Form of Loan-Aareement 23of131 EXHIBIT C Form of Escrow Deposit Agreement 24 of 131 Draft #4-2-: 12/45NW2013 123- 00013.PARZ RESOLUTION NO. R -13 -42 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF HANCOCK BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH HANCOCK BANK; AUTHORIZING THE REFUNDING OF THE CITY OF SEBASTIAN, FLORIDA STORMWATER UTILITY REVENUE BONDS, SERIES 2003; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,200,000 IN ORDER TO EFFECT SUCH REFUNDING; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE STORMWATER FEE REVENUES; DESIGNATING SUCH NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Sebastian, Florida and other applicable provisions of law. Section 2. Definitions. When used in this Resolution, terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined herein), unless the context clearly indicates a different meaning. "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, Sections 403.0891 and 403.0893, Florida Statutes, City Ordinance No. 0- 01 -16, codified as Chapter 102, Article V of the City of Sebastian Code of Ordinances, Zeolutiioon No. R-. 12 -18 adopted by the Council on August 22. 2012 and other applicable provisions of law. 25 of 131 "Series 2013 Note" shall mean the City of Sebastian, Florida Stormwater Utility Refunding Revenue Note, Series 2013, as such Series 2013 Note is more particularly described in the Loan Agreement. "Stormwater Fee Revenues" shall mean theme proceeds of the stormwater fee imposed by the City pursuant to Ordinance 0 -01 -16 adopted by the Council on September 26, 2001, as amended and supplemented from time to time, particularly by Resolution No. R -12 -18 adopted by the Council on August 22, 2012. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Resolution. Words importing the singular number include the plural number, and vice versa. Section 3. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Series 2013 Note by the Bank, the provisions of this Resolution shall be a part of the contract of the City with the Bank, and shall be deemed to be and shall constitute a contract between the City and the Bank. The pledge made in this Resolution by the City and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the benefit, protection and security of the Bank. Section 4. Findings. It is hereby ascertained, determined and declared that: (A) Pursuant to Prior Resolution, the City issued the Prior Indebtedness for the principal purpose of financing costs of the acquisition, construction and reconstruction of various capital improvements relating to the City's stormwater utility system. (B) The Prior Resolution provides for the defeasance of the Prior Indebtedness upon meeting certain requirements set forth in the Prior Resolution. (C) The City deems it to be in its best interest to issue its Series 2013 Note for the principal purpose of advance refunding the Prior Indebtedness in order to achieve debt service savings. (D) In connection with the refunding of the Prior Indebtedness, the City shall, as provided herein, deposit part of the proceeds derived from the sale of the Series 2013 Note in a special escrow deposit trust fund (the "Escrow Fund "), which deposited proceeds, together with other legally available moneys of the City, shall be sufficient to pay the Prior Indebtedness as the same matures or is redeemed prior to maturity, all as provided herein and in the Escrow Agreement. Subsequent to the defeasance of the Prior Indebtedness, the Ref ,hied n,.~ -Prior Indebtedness shall no longer be payable from or be secured by any portion of the Pledged Funds (as defined in the Prior Resolution), and upon such defeasance the Series 2013 Note shall be the only outstanding indebtedness secured by the Stormwater Fee Revenues. 3 26 of 131 City of Sebastian Stormwater Management Master Plan Update .. HOME OF PELICAN ISLAND December 6, 2013 Prepared by: RL NEEI— SCHAFFER = Solutions you can build upon Frank Watanabe Date PE FL 66735 27 of 131 NEEI— SCWFER 9oturlo— you can build upon Table of Contents December 6, 2013 Introduction........................................................ ............................... 3 i. Background ii. Purpose iii. Modeling Approach 2. Data Collection and Methodology ...................... ............................... 9 i. Meetings with City of Sebastian and Project Identification ii. Field Review Drainage Improvements from 2006 to 2012 iii. GIS Data Collection iv. Hydrologic Model v. Hydrologic Parameters a) Topographic Data b) Hydrologic Unit Areas c) Time of Concentration d) Curve Numbers e) Boundary Conditions of South Prong Sebastian River f) Soils Data vi. Hydraulic Parameters a) Existing Structure Inventory b) New Structure Inventory since 2004 c) Modification of Existing ICPR Model 3. Engineering Analysis and Stormwater Deficiencies ..........................17 i. Stormwater Model Analysis ii. Level of Service iii. Deficiency Areas iv. Best Management Practices 4. Storm Water Quarter Round Program ................ ............................... 44 i. Testing and Analysis of Quarter Rounds 5. Conclusion and Findings ...................................... .............................49 i. Storm water Improvement map Appendix Quarter Round Testing Calculations • ICPR3 Model Run in separate Technical Binder Sebastian Stormwater Master Plan Update Page 2 28 of 131 NEEL— SCHAFFER 5.1.dons you can build upon 1. Introduction December 6, 2013 L Background The City of Sebastian started as a river front fishing haven for only a few dozen pioneers in the late 1800's, expanding over the years due to its ideal fishing location and treasure — laden coastline. The current population is approximately 22,000. The City is located in the northern section of Indian River County adjacent to the St. Sebastian Rivers and the County limit. Sebastian is 95 miles Southeast of Orlando and 12 miles north of the City Vero Beach or approximately midway through the east coast of the Florida Peninsula between Melbourne and Vero Beach in an area known as the Treasure Coast. This location known as "The Treasure Coast," is street accessible by US 1, 1 -95, the Florida Turnpike. In February 2011 the City of Sebastian, Florida, contracted with Neel- Schaffer Inc. (NSI) to update the north and southwest area of an existing stormwater model originally developed by Camp Dresser & McKee Inc. (CDM) in 2004 - -- Master Stormwater Management Plan (MSWMP). The City of Sebastian, by way of the South Prong of the St. Sebastian River, drains to the Indian River Lagoon. The existing stormwater model parameters will be used as a base to create a new 2012 drainage model using the Interconnected Channel and Pond Routing version 3 (ICPR3) to verify the previous study and provide an update to storm water improvement projects. The ICPR3 model is an engineering software tool to solve problems of flood routing through complex networks of interconnected and hydraulically interdependent stormwater ponds using basins, nodes and links. In addition to the ICRP, ArcView (software application that provides extensive mapping, data use, and analysis, along with simple editing and Geo- processing capabilities) and ArcGIS (comprehensive name for the current suite of GIS products used to create, import, edit, query, map, analyze, and publish geographic information) will be used to update the existing storm water model mapping. As noted, the original drainage model developed in 2004 had a base model developed in 1996 by Craven Thompson & Associates. The consulting firm CDM was retained to develop the original model to identify Citywide drainage improvements. In 2010, Neel - Schaffer, Inc. was retained to update the model based on recent drainage improvements and changes in FEMA topographic data files. The extent of the new model is shown in ICPR Model Boundary (page 5). As part of the drainage update, the City's current implementation of the "Quarter Round" program was incorporated into this report. Quarter Rounds are plastic pipes cut into quarters. A quarter of the pipe is installed along the existing residential drainage swales to assist in managing storm water runoff and filtering of pollutants. This program was initiated in 2006 as an experimental project by St John's River Water Management District (SJRWMD). ii. Purpose Florida receives on average 40 to 60 inches of rain each year, with less than one inch of rainfall each time it rains; however the state also experiences torrential downpours and hurricane rains. These cause runoff carrying sediment, fertilizers, pesticides, oil, heavy metals, bacteria, and other contaminants to enter surface waters, causing adverse effects from increased pollution and sedimentation. Sebastian Stormwater Master Plan Update Page 3 29 of 131 O NEEL- SCHAFFER December s, zoo 3 IML "Solurlon: you can build upon According to the Florida Department of Environmental Protection Agency (FDEP), the Florida's stormwater regulatory program requires the use of Best Management Practices (BMPs) during and after construction to minimize erosion and sedimentation and to properly manage runoff for both stormwater quantity and quality. These BMPs are control practices that are used for a given set of conditions to achieve satisfactory water quality and quantity enhancement at a minimal cost. Each type of BMP has specific application, installation, and maintenance requirements that should be followed to control erosion design of these control measures, such as those established by the Florida Department of Environmental Protection (FDEP), Florida Department of Transportation (FDOT) or other recognized organizations. Stormwater management is a critical component for the control of runoff and pollution. The existing stormwater model data base was used to develop the new drainage parameters for the modeling. These parameters include sub -basin boundaries, input conditions, new information using FEMA elevations, soil characteristics and input from new City stormwater projects. These parameters were used to analyze the previous drainage model and to create the stormwater updates. Therefore, the purpose of the MSWMP is to inventory and characterize the Previous Stormwater Management System ( PSWMS), update select hydrologic parameters of the basin, update the existing stormwater model, identify areas that have indicated flooding and develop alternatives to alleviate both flooding and water quality problems. The study objectives addressed the following: • Updating the existing stormwater model to represent the current hydrologic and hydraulic conditions within the basin. This included incorporating several previous models into a single model, incorporating approximately 80 culverts and 5 bridges not represented in the original model, modifying the system storage represented in the model, incorporating the St. Johns River Water Management District's (SJRWMD) design of the regional stormwater park into the stormwater model, verifying and modifying select channel cross sections, calculation of existing, and future land use curve numbers and modification of hydrologic unit boundaries. • Evaluating the existing capacity and the future demand of the PSWMS by establishing the proper level of service, and determining the system's deficiencies based upon local criteria. • Developing alternative improvements (structural and non - structural) and providing recommendations for reducing system deficiencies. • Developing a master plan that prioritizes the recommended alternatives with individual preliminary engineering cost estimates. • Prioritizing areas for water quality retrofit and consider these areas in the design of stormwater improvements for flooding. Geographic Information Systems (GIS) data was gathered from the required county government agency to create new maps with the most up to date information. Meetings with the City of Sebastian, field reviews of the existing drainage network, and drainage analysis using ICPR3 model were conducted to better understand the existing drainage Sebastian Stormwater Master Plan Update Page 4 30 of 131 NEEL- SCHAFFER December 6, 2013 �t 9oluUons you enn build upon system. As a result NSI provided a summary of stormwater deficiencies and provide a list of future stormwater improvements. It is noted that in order to obtain accurate data, the whole City was analyzed using GIS. The time of concentration, stagelstorage relationships, and sub - basins were calculated for the entire City. iii. Drainage Patterns The City of Sebastian is located between the South Prong of the Sebastian River and the Indian River Lagoon in Indian River County, Florida. The City is approximately 13.4 square miles or 8,600 acres. The modeling extent or area of study is approximately 9.3 square miles. Low - density residential land use consists of 6.2 square miles. There is a coastal ridge along the eastern edge of the City and slopes down to the Indian River Lagoon. The sand is permeable allowing rainfall to percolate rapidly through the soil. However, majority of the City is located to the west of the coastal ridge and is flat. The average slope is less than 0.1 percent and the average elevation is approximately 20 feet above Mean Sea Level (MSL) [reference point used as a standard for determining terrestrial and atmospheric elevation or ocean depths and is calculated as the average of hourly tide levels measured by mechanical tide gauges over extended periods of time]. Soil conditions to the west of the coastal ridge are virtually impermeable and rainfall does not easily percolate through the ground but remains as standing water until it evaporates. ILJY,�;.� k 7+ SEx°S�iMI SEBASnAN ft-NEEL- SCHAFFER UPDATED OMNAGE MAP —� Stormwater runoff generated in much of the City discharges to the South Prong of the Sebastian River (South Prong). The City is drained by a series of major canals which outfall in seven discrete locations to the south Prong. The secondary and tertiary (system of rocks) systems tributary to these major canals tend to be back lot line ditches (secondary) and side yard swales or pipes (tertiary). Upstream of the City, the South Prong is controlled by the Sebastian River Water Control District (SRWCD). A radial gate dam is located just south of the Scuthwest corner of the City and controls the surface discharge of approximately 35,000 acres. Downstream of the City, the South Prong is more influenced by tidal and storm surges that emanate for the Indian River Lagoon. Fifty -two percent (52 %) of the Predominant :and uses in the City itself are low density, while 14 percent are open and 11 percent are wetlands. Sebastian Stormwater Master Plan Update Page 5 31 of 131 NEEL-SCHAFF.ER Sotuela" "' it !an build upon Sebastian 2013 Drainage Map December 6, 2013 4� v. _ - ail IN sail Owl1^"�S'1 ^i %sl �� 1!% �P� �'■�1E �{�� ,•f_� l�. ��;�.' -='tom. f �� I� � ass• `. 1 may. +� SEBASTIAN DRAINAGE MAP Sebastian Stormwater Master Plan Update Page 6 32 of 131 NEEI- SCHAFFER 'Soluelons rou can bulld upon December 6, 2013 Sebastian Stormwater Master Plan Update Page 7 33 of 131 NEEL— SCHAFFER 'Solutions you can build upon iv. Modeling Approach December 6, 2013 The modeling approach consisted of updating a single regional model of the City of Sebastian. The modeling approach utilized a combination of programs to calculate the best data and update the report. Shape files were gathered from government websites such as Saint Johns River Water Management District, USDA, and FEMA. The shape files were input into ArcView and using hydrologic data such as: area, elevations, and stages were gathered. Using the ArcView information, the time of concentration was calculated. [Hydrology is the science that encompasses the occurrence, distribution, movement and properties of the waters of the earth and their relationship with the environment within each phase of the hydrologic cycle. The hydrologic cycle is a continuous process by which water is purified by evaporation and transported from the earth's surface (including the oceans) to the atmosphere and back to the land and oceans.] The report created by CDM in 2004 used an advanced Interconnected Pond Routing model (ICPR) version 3.0 developed by Streamline Technologies Inc. In addition, City storm water projects from 2004 to the present were provided by the City of Sebastian for the northern and southern portion of the City and were incorporated into the new ICPR drainage modeling. After putting together information such as stage, storage and time of concentration, the modeling was updated using Interconnected Channel and Pond Routing 3 (ICPR3). The Interconnected Channel and Pond Routing Model (ICPR) is a modeling tool that has been used for over 25 years and successfully solves problems of flood routing through complex networks of interconnected and hydraulically interdependent stormwater ponds. It is listed with the Federal Emergency Management Agency (FEMA) as a Nationally Accepted Hydraulic Model and is applicable to almost any type of terrain. The model now includes hydrodynamic modeling of channel and pipe systems and has a fully integrated hydrology component. The three primary building blocks in ICPR are Basins, Nodes and Links. Stormwater runoff hydrographs are generated for basins and then assigned to nodes in the drainage network. Nodes are used to represent ponds and specific locations in the drainage network such as along channels, streams, rivers, and junctions in pipe systems. Stages are calculated at each of the nodes. Links such as pipes, channel segments, weirs (a small dam in a river or stream), and bridges are used to connect nodes together. Flow rates are calculated for links based on stages at nodes. The City in coordination with DEP and SJRWMD implemented a City's Stormwater Park within the center of the City on a 166 -acre area known as Adam's Parcel. This facility is intended to provide water quality treatment to surface water in the City's Stormwater Management System that was previously untreated. Additionally, the City is also preparing a stormwater master plan for the Sebastian Municipal Airport. A copy of that master plan is available at the City Public Works Office. Sebastian Stormwater Master Plan Update Page 8 34 of 131 NEEL— SCHAFFER $nluUons you cnn build upon 2. Data Collection and Methodology December 6, 2013 i. Meetings with City of Sebastian and New Project Identification To initially understand the drainage system within these areas, a meeting was held with the City of Sebastian and field reviews were conducted to identify new drainage sections since the original model was developed in 2004. The following is a summary of the meeting held with the City of Sebastian: Meeting on March 10, 2011 • Initial meeting with City staff regarding mapping and files. • The City provided mapping and location of drainage projects constructed since the previous drainage modeling in 2004. • Create new IRCP model since the previous CDM model files were not available. • Revise the model per 2004 projects and generate new storm water projects. Data collection and research was also performed to gather all the necessary data files to create the files using ArcGIS. GIS Shape files (.shp) were collected in March 2011 from several different sources: Saint Johns River Water Management District (SJRWMD), Indian River County Property Appraiser, Federal Emergency Management Association (FEMA), Natural Recourses Conservation Service (NRCS), and the United States Geological Services (USGS). With these files in place new curve numbers for both existing and future land use conditions can be determined to update the new model. Using information and the existing sub basin maps from the original CDM report, a model run was performed. ICPR version 3 was used to create the model. Field Review Existing Drainage Improvements I Field reviews were conducted to identify the drainage improvements in the City since 2004. Per the City's direction there were six stormwater project sites. Each site was visited to verify installations and take note on drainage improvement for the modeling. The following is a summary of the stormwater projects and what they consist of: 1. Twin Ditches: Project location: Ditches located between Main Street and Airport Drive /Brush Foot Drive from Fig Street to Wimbrow Drive. Converting the existing double ditch system to a Best Management Practice wet detention treatment system. Twin Ditches Stormwater Retrofit /+ 4"61- 98504 -1 n saw 2004 Digital Ortho Quadrangle Sebastian Stormwater Master Plan Update Page 9 35 of 131 NEEL- SCHAFFER Snlutlons yon ." Ev71d -up.. 2. Davis Street Baffle Box 2006: December 6, 2013 Project Location: Street drainage improvement for Davis Street Area which included the outflow from US Highway 1 and the Indian River Lagoon. Retrofit project involved the installation of a street drainage pipes and a Nutrient Separating Baffle box and associated piping from an area of approximately 96 acres of light commercial and residential land. In addition, the project eliminated a direct discharge of untreated stormwater into the Indian River Lagoon. 3. Collier Canal 2008 • Project Location: Collier Canal dredging and seawall improvements from the Barber Street Park/Hardy Dam near Main Street and CR 512. • Project consisted of retrofitting the existing canal seawalls with 3:1 back slopes. Project also consisted of dredging the canal bottom to lower the bottom elevation approximately 6 feet. 4. Periwinkle Stormwater Basin 2006 • Project Location: Residential area adjacent to Periwinkle Street and other streets. • Project involved the installation of a 3:1 wet detention pond, drainage improvements, passive recreation park and a monitoring plan for the drainage treatment. • The project was well accepted by the nearby residents as a positive improvement to the community. 5. George Street Drainage 2010 • Project Location: George Street within the residential neighborhood • Consisted of retrofitting the existing open drainage ditch with a new drainage pipe and street drainage crossing upgrade at George Street. 6. Potomac Drainage Improvement 2011 • Project Location: Potomac Avenue at Roseland Road in City /County. • Consisted of retrofitting the existing drainage ditch with new drainage pipe, street drainage crossing and new nutrient baffle Box. Sebastian Stormwater Master Plan Update Page 10 36 of 131 NEEL— SCWFER December 6, 2013 '3o1udo— you can build upon iii. GIS Data Collection GIS data collection was obtained from the SJRWMD website on March of 2011. SJRWMD maintains an up to date data collection from governmental websites. The district periodically updates the GIS Download Library as new data becomes available. This data included: FEMA, topo (topographic) data, United States Geological Survey (USGS) data, population characteristics data among others. Once files were downloaded they could be imported into ArcView and data analysis could begin. ArcView GIS is a desktop geographic information system (GIS) from Environmental Systems Research Institute, Inc. (ESRI). A GIS is a database that links information to location, allowing you to see and analyze data in new and useful ways. iv. Hydrologic Model NSI used the ICPR version 3.0 stormwater model. The model has three methods for generating stormwater runoff: the Soil conservation Service (SCS) unit hydrograph method, the Santa Barbara method, and the Overland Flow method. The SCS unit hydrograph method was selected by the City. The ICPR model has two components to determine the volume and rate of stormwater runoff. The first component is based upon the amount of Directly Connected Impervious Area (DCIA) to the stormwater system represented by a percentage of the contributing area. The resulting runoff from rainfall over the DCIA does not pass over any pervious area and thus does not infiltrate into the soil. The second component consists of the impervious areas and pervious areas that are not directly connected to the PSMS and thus are subject to infiltration. The SCS unit hydrograph method uses a Curve Number (CN) and a time of concentration (tc) to determine the runoff volume and timing from this second component. The CN method relates rainfall to direct runoff as a function of soil type and land use cover. The curve number and time of concentration methodologies are fully documented in the National Resource conservation Service's (NRCS) Technical Release 55 (TR55). v. Hydrologic Parameters a) Topographic Data The study area consisted of detailed 2 -foot topographic contour data; therefore, the hydrologic boundaries from the 2004 Study were modified significantly. Please refer to the attached topographic map showing the 2 -foot contours (Figure: WOOLPERT 2 -foot Aerial Topographic Data). Generally, the extent of the hydrologic boundaries consisted of combining multiple basins loading to a single node into a single basin. However, there was an exception, the basin named "BRIAR ". Due to new data obtained, the basin was brand new and the data obtained was inconclusive as to whether it drained into our study area or node water should flow to. It is noted that the basin "BRIAR" is part of the southern area of the City and it is not modeled in the ICPR3 report. An additional survey is recommended for this basin. It was determined that much of the area that was previously assumed in the 1996 Study to load to the City's Primary Stormwater Management system (PSWMS), in fact discharges directly to the South Prong of the Sebastian River. b) Hydrologic Unit Areas The model extent of the City was divided into sub basins that have been further subdivided into smaller hydrologic units based upon existing drainage patterns (see Figure: Hydrologic Unit Location Map). The previous report by CDM, had a total of 204 hydrologic units. For our modeling purposes, the study area was subdivided into 216 Sebastian Stormwater Master Plan Update Page 11 37 of 131 NEEL - SCHAFFER Sotudons * - can bu11d ppon December 6, 2013 hydrologic units for which areas and time of concentration were compiled. The hydrologic units averaged approximately 45 acres in size with a minimum of 3.8 acres and a maximum of 155 acres. c) Time of Concentration The time of concentration (tc) is the time stormwater runoff takes to travel from the hydraulically (operated by, moved by, or employing water or other liquids in motion) most distant point of the watershed to the point of outflow from an area taking into account the length of time required for the following: Sheet flow - one in which the horizontal dimensions are much larger than the vertical extent; The maximum sheet flow length should be no greater than 125- 15 0 feet; Shallow concentrated flow - after a maximum of 300 feet shallow flow usually becomes shallow concentrated flow. This 300 foot value has since been revised down to a maximum of 150 feet on very uniform surfaces; Open channel and /or pipe flow — This occurs within swales, channel streams, ditches and piped storm drainage systems. Complete documentation of this methodology is available in various publications such as NRCS' TR -55 publication and SJRWMD's Technical Publication (TP) 85 -5. During model development several tc's appeared to be inconsistent with the hydrological unit size and apparent flow length specified in the previous report. New tes were calculated based on the new 2 -foot topo data and compared with the original. Overall approximately 95 percent of the tc values of the hydrologic units were updated in ICPR3. The original and updated tc values are shown in Table 2 -1: Hydrologic Units and Time of Concentration. d) Curve Numbers The curve numbers, which are used to determine how much of the rainfall will be converted to runoff, were calculated based on both the land use and hydrologic soil group distribution in each hydrologic unit. For the purpose of this study, the same guidelines as the previous drainage report were used to determine curve numbers and were not modified. Sebastian Stormwater Master Plan Update Page 12 38 of 131 Y jai_ x h ,� t--- �•+:ey rfn� - °��p.^r ��iiii T ari_.. t } a. Yi':� :�, �� ra/, s 5-• Y +„ '�•,� %f +sue t } 7� narvi. . 1•.. '. Y`Y 4 4� � ]Pi�\ t}LY� � t Yl(• 'a _LA 7� !' 7} �^ , r- 1 f rs'R+•t `! . 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Fi-i.. .'-... .s_; i; ` �'P'elasi!r'' 13bi r +.+-s "" �?.�il � � P.i 1 ' y � � t• •� l 7.+..J7 ��, i � t +r�ti i _ � ��.ser.?•.1. I � pp tv�' �� -1 d` > � ) 34,,,�� ! t'sa� ;� tt 1A t 3 r l° ,1 R i k ,}; 'E} ^ L....+ �.�. �,ta',iPne 4^;� `r' }Ps� c- •4 ,..i � J.. J•�;r�= r(• 44 y �i 11:3 � ,ps�i 3 �t t * a �.. "� r,..rr �'t C'_.ds , , ., }r��•1� tr 3 4 } � 'Ld •171 a]'. �`.r� ;r I Y a � S J : � Ftm.;, ,T , •' n,Mr } r � e ;...' ! z• 7+ i� t t ; A''.•� �+t `•s- V - ' ; [: -¢ ] '.fi T . , fD�2fi1:3 r . s 7 a z 7 �Y -. i�t..�r I}'. ! .t,1�. •E;. 1lllt 4 �xi� + 1., �3rrl y•t, s,, .:f ,R. p 1 7��, • • o e i NEEL—SCHAFFER December 6, 2013 Snfurtans you can b.11d upon e) Hydraulic Boundary Conditions in the South Prong of the Sebastian River To determine the boundary conditions to be used in the modeling effort, the conditions specified in the CDM 2004 report were utilized. There are four nodes in the model that represent various locations in the South Prong. The modeled system outfalls to these nodes: ■ N -Stone — this is the boundary condition for the south end of the Stonecrop portion (i.e., the southwest corner of the City that discharges to the South Prong) of the model. This location is consistent with River Station 270 in the FIS. • Bridge — this is the boundary condition for the southern outlet from Unit 5. This location is consistent with River Station 235 in the FIS. • BC -210 — this is the boundary condition for the southern outlet from Unit 5. This location is consistent with River Station 235 in the FIS. • BC -210 — this is the boundary condition for the northern outlet from Unit 5. This location is consistent with River Station 210 in the FIS. • Ncollier — this is the boundary condition for Collier Canal. This location is consistent with River Station 195 in the FIS. f) Soils Data Soil data are used to evaluate stormwater runoff, infiltration, and recharge potential for pervious areas. Information on soil types was obtained from the U.E. Department of Agriculture (USDA) NRCS (formerly the Soils Conservation service (SCS) Soil Survey of Indian River County, Florida (NRCS, 1990) and in digital format from the SJRWMD. V. Hydraulic Parameters a) Existing Structure Inventory Existing structures were collected from the CDM 2004 study. Revisions were made to certain structures based on the new 2' topographic data and information obtained from Google Earth Street View for cross -drain sections. The Google Street View NSI identified crossings that were not part of the original model and have been updated in the ICPR model. b) New Drainage Inventory since 2004 As previously mentioned, meetings were held with the City of Sebastian to establish the recent projects since the development of the previous model. These projects are the following: • Twin Ditches Project • City Storm Water Park • Collier Canal Dredging and seawall • Davis Street Drainage and Baffle Box • George Street Drainage • Potomac Street Drainage and Baffle Box • New Quarter Round Installation • Replacement of Damaged Drainage Pipes • Maintenance of existing ditches and swales Sebastian Stormwater Master Plan Update Page 15 41 of 131 NEEL-- SCHAFFER Solutions you can build upon December 6, 2013 c) Modification of Existing ICPR Model The previous Stormwater Master Plan study by CDM which was developed in 1996 and then updated in 2004 needed to be updated again due to storm water improvement within the last nine years. The existing stormwater model originally developed as part of the 1996 Study and later updated by CDM in February 2004 as a stormwater master plan study. Since that time, there appeared to be inconsistency in the drainage master plan in relation to the existing drainage system. Based on the previous model analysis which included the original ]CPR Model runs, the study performed a limited verification of topographic data and channel cross - sectional information. The previous master plan study noted the limited verification of topographic data. As part of this updated study, there was verification of drainage data which included comparison of the top widths of the modeled cross - sections to the top widths measured on the aerial photograph. There was reasonable validation of the cross - sections by using this method. A review of the UDS quad map indicated that the vast majority of the study area was at elevation 20 foot -NGVD. The inverts of the channels were then adjusted based on the assumption that the top of bank (TOB) of the channels were also at 20 foot -NGVD. The cross- sectional information was reviewed for each channel segment and the depth determined. The invert was determined for each segment as the difference between the adjusted TOB and the depth of the cross section. There was limited survey information available for channels, typically associated with construction plans. This data was used to verify the adjusted TOBs which appeared to be reasonable. The original model developed by CDM was reviewed and then compared with the new model run analysis using new topographic data. New FEMA topographic data was used to determine new basins, time of concentration and re- routing of basins to certain nodes. The stage /storage areas of the nodes and the sub -basin determination which includes basin area and time of concentration values are shown in the technical binders. Sebastian Stormwater Master Plan Update Page 16 42 of 131 NEEL—SCHAFFER - Snludon: )r can bu71d upoo 3. Engineering Analysis December 6, 2013 i. Stormwater Model Analysis The original citywide stormwater model developed by the previous consultant CDM performed simulation analysis for the mean annual 25 year and 100 year /24 hour design storm event for both the existing and future land use conditions. The modeling analysis for the new update reviewed both previous simulation analyses. New model simulations were also conducted representing changes in the hydraulic conditions based on new stormwater improvements. The hydraulics analysis for both the existing and future land use conditions was analyzed with new [CPR model simulation data. The new model runs were used to identify locations of any hydraulic segments that appeared to be deficient base on top of road elevations and finished floor elevations. The new model analyses were compared to previous model runs for any discrepancies. It should be noted that the previous model findings assumed topographic data for open channels and drainage systems which were not verified in the field. Based on this assumption of non - verified drainage data, the new model simulation runs were field verified for flood conditions, ponding, channels and drainage capacity overflow conditions. Flooding is typically caused by undersized drainage systems or over capacity conveyance of the system due to heavy storm period events. It was field verified that the majority of the deficient storm water areas identified by the model analysis were typically lack of conveyance for storm water runoff. In many of the field locations with drainage flooding, improvements to the drainage system where flooding occurred would resolve the situation. Alternatives were then developed to alleviate any deficiencies. In addition to identifying the deficient drainage areas within the City, the City's stormwater system needed to be updated base on recent drainage improvement by the City and new topographic data provided by FEMA on the flood plan mapping. The modeling analysis was based on the data calculated from the new FEMA GIS database and then re- analyzed using the ICPR3 stormwater model to update the topographic data file and hydrologic unit maps. The existing citywide group model was compressed into three sections to identify and analyze the system as it should be modeled. The City has a natural center line that separates the City into two main drainage groups. These two main Stormwater groups are drainage north of CR 512 and drainage south of CR 512 The model updated and reanalyzed the previous subgroupings of drainage areas establishing two major groups to better analyze and quantify the deficiencies. The City is is split with County Road (CR) 512 as the dividing line for the north and south City's drainage Sebastian Stormwater Master Plan Update Page 17 43 of 131 NEEL- SCMFFER .SW. Jon: you can Rulld upon December 6, 2013 system. In addition to these two drainage groups, the City has a third area east of the existing railroad tracks. This eastern section of the City of Sebastian is not included in the two groups and was never modeled in previous drainage studies. The area of this third group is defined by the railroad tracks to the west and the Indian River Lagoon to the east. This section of Sebastian is known as the "River Front" and part of the City's Redevelopment District. ii. Levels of Service As part of the stormwater management update there is a need to address the level of service. There are essential components to any stormwater master plan and they are the proper levels of service decisions. The City is challenged financially to maintain the drainage system and to provide for the proper level of service needed to maintain the existing drainage systems which include: detention ponds, channels, side ditches, swales and the City's storm water park. During the field review, there are several locations where the open channel system or side ditches were overgrown with vegetation. In the drainage modeling analysis, these open channels or ditches were assigned a coefficient of resistance for flow. This factor is called a "Manning's Coefficient n" which represents the roughness coefficient of an excavated channel with minor vegetation. The City ditches and open channels are all filled with weeds and thick brush and vegetation which should have a friction factor worse than the channel with no vegetation. Sebastian Stormwater Master Plan Update Page 18 44 of 131 NEEI— SCMFFER WurJOns you can build upon December 6, 2013 iii. Drainage Deficiencies As part of the stormwater master plan update, the model runs identified some of the similar drainage concerns from the previous study. The regrouping of the systems into two regional groups helped to clarify where actual drainage deficiencies exist or if the model is estimating potential drainage overflow due to detailed topographic data of the City's drainage system. Most of the previous drainage deficiencies have been addressed in the past few years with minor and major drainage improvement projects within the City. These improvements sufficiently address most of the drainage issues identified by the model. Based on local knowledge of the existing City system, there are at present a few areas of drainage deficiencies that the model has identified as potential overflow during high peak storm periods. These deficient drainage areas are shown below in photographs below and identified in the 2013 Drainage Map page 20). The City has identified these drainage improvements in the five to ten year capital improvement program. The goal of the City is to prioritize and apply for storm water grants to help leverage the cost for the various improvement projects. The following projects are illustrated on the 2013 Drainage Map (page 20). Capital Stormwater Projects — Presented to City Council in February 2013 Stormwater Proiects Construction Cost 0 A - Indian River Drainage Improvement $2,000,000 • B - Collier Canal Hardy Dam $ 100,000 • C - Potomac Ave Lateral Pipe $ 200,000 • D — Blossom/Wentworth Ditch Piping $1,000,000 • E - Stonecrop Pipe /culverts (Bevan & Laconia) $1,000,000 • 1— Future South Area Basin $ 300,000 • J — Southeast Dredge Basin $ 500,000 • K — Tulip Pipe Replacement (culvert 42 "x72 ") $ 100,000 • L — EastNVest Lateral Drainage Pipe $ 500,000 0 M — Tulip Detention Basin $ 250,000 • N — George St. Canal Dredging $2,500,000 • O — Rosebush Terrace Pipe — Twin 48" $ 100,000 • P — Landdowne Dr. Pipe — Twin 36" $ 100,000 Total Stormwater Improvements $8,650,000 Annual Maintenance F — Replace CMP — Maintenance $ 200,000 G — Quarter Rounds Installation $ 250,000 H — Backyard Ditches Maintenance $1,000,000 Total $1,450,000 Sebastian Stormwater Master Plan Update Page 19 45 of 131 NEEL- SCHAFFER Solucloos You can build upon December 6, 2013 +fir S � _ f st,, . �� Mfr „ „• ..c � yell :� ,'z�1,+�✓ � ��: °1� - �� ►.a. -_�. �1 -tea '� � '�� .lam'°- '."`•""°,” �: �ii►Y ; 1 13 - STORMWATERMASTER PLAN •4t.� DRAINAGE MAP FLORIDA Sebastian Stormwater Master Plan Update Page 20 46 of 131 NEEC— SCHAFFER - SvJuUons you .¢ b.Dd up.. iv. Best Management Practices December 6, 2013 A. Potential BMPs This section presents various best management practices (BMPs) that may be considered for use in the City for retrofit treatment. There are many other BMPs used throughout the Country. According to the Environment Protection Agency, "...dilution is the solution to pollution. If people got rid of it quickly enough and far enough away, it would no longer be a problem. In cities and towns, we focused on sewers to ferry and treat human or commercial waste. They used storm sewers for rainwater and snow. In all cases, they have designed convenient ways to ferry water into the nearest water body. Unfortunately, we have discovered that dilution is not the solution for stormwater and its pollutants." Best Management Practices (BMPs) is a term used to describe a type of water pollution control. Stormwater BMPs are techniques, measures or structural controls used to manage the quantity and improve the quality of stormwater runoff. The goal is to reduce or eliminate the contaminants collected by stormwater as it moves into streams and rivers. Once pollutants are present in a water body altering its physical makeup and habitat, it is much more difficult and expensive to restore it. Therefore, the use of BMPs that prevent damage to receiving waters is our target. Stormwater pollution has two main components: • The increased volume and rate of runoff from water resistant surfaces, such as roads and parking lots, and • The amount of pollutants in the runoff. Both components are directly related to urban development. They can cause changes in water quality. This results in a variety of problems: • Environment modification and loss, • Increased flooding, • Decreased native wildlife, and • Increased sedimentation and erosion. In turn, effective management of stormwater runoff offers a multitude of benefits: • Protection of wetlands and ecosystems, • Improved water quality of streams, rivers and other water bodies, • Protection of water resources, • Protection of public health, and • Flood control. There are two groups of BMPs: structural (constructed facilities) and non - structural (regulatory or ordinances). The BMPs discussed appear to be the most applicable to the City. 1. Structural Stormwater Controls • Dry detention ponds • Wet detention ponds • Exfiltration trenches • Shallow grassed swales • Water quality inlets and baffle boxes • Removal of septic tank systems Sebastian Stormwater Master Plan Update Page 21 47 of 131 HEEL- SCHAFFER Soluclam . you c build upon 2. Non - Structural Source Controls • Public information programs • Fertilizer application controls • Pesticide and herbicide use controls • Operation and maintenance December 6, 2013 An explanation of each of the above BMPs follows and is a comparison for the treatment and management of stormwater runoff. The use of a specific BMP depends on the site conditions and objectives such as water quality protection, flood control, aquifer recharge, or volume control. There might be many goals or needs for a project. BMPs can be used with other BMPs to develop a "treatment train." The Stormwater Treatment Train (STT) represents an ecological approach to stormwater management and has proven effective and versatile in its various applications. The STT was designed with sequential components that contribute to the treatment of stormwater before it leaves the site. The components of the Stormwater Treatment Train system were designed to treat stormwater runoff for water quality benefits and to reduce stormwater runoff peaks and volumes. Based on hydrologic modeling and published information on BMP effectiveness, the STT approach can be expected to reduce surface runoff volumes by 65 percent and reduce solids, nutrients, and heavy metals loads by 85 percent to 100 percent. Source controls (upstream from the initial swale component) minimize the impacts of the development even further. This alternative approach to stormwater management not only has the potential to reduce infrastructure costs, but it also reduces maintenance costs. As described above, native plants are adapted to the environment, and do not need extensive watering, chemical treatment, mowing, and replanting that non - native species demand. In addition, there is also a substantial benefit to downstream neighbors. By treating stormwater where it falls on the land, responsible landowners are reducing their contribution to downstream flooding and sedimentation. The STT incorporates a number of BMPs with varying effectiveness for removing particulates and pollutants while also reducing runoff volume. The advantages of an STT are as follows: • Provides effective stormwater flood control by slowing down runoff and storing water, including water infiltration into the soil. • Improves water quality by filtering pollutants from stormwater (oils, greases, metals, and sediments that can be picked up from paved surfaces). • Reduces erosion. • Flexible to incorporate existing natural features and /or introduced stormwater control features. • Provides open space that can be used for recreation and aesthetic value. • Preserves natural /native vegetation and provides habitat for wildlife. • Protects adjacent properties. • Improves property values. There are two disadvantages: • May require more space than is available. • Requires planning and stakeholder acceptance. Sebastian Stormwater Master Plan Update Page 22 48 of 131 NEEL- SCHAFFER SoiuGons you tan buf/d upon December 6, 2013 There are implementation considerations and they are: • Public outreach and acceptance for existing developments or communities. • Effect on long -term stormwater management infrastructure. • Demonstration of improved property values and cost of development with implementation of the Stormwater Treatment Train. • Planning and engineering of effective treatment train appropriate for each area. • Determine the necessary space and length to achieve stormwater management goals and water quality. The cost of an STT will vary depending on best management practices and extent of the treatment system. Overall cost is less, however, than stormwater collection and conveyance systems for a similar area. B. Structural BMPs Structural BMPs involve building an engineered "facility" for controlling quantity and quality of urban runoff. These structures treat runoff at either the point of generation or the point of discharge to either the storm sewer system or receiving waters. Most require some level of routine maintenance. Structural BMPs can be categorized as retention systems, detention systems or other systems (Marshall, 2002). Although the basic principles of management stormwater remain the same, they should be uniquely adapted to the special requirements of each project. It should be understood that no one BMP can be the "cure all" for a particular project, but if several are used together in a linked fashion like cars in a train (a "BMP treatment train), adverse effects of urban stormwater runoff can be reduced or alleviated (Marshall, 2002). A careful assessment of stormwater management conditions should be made before choosing a system of comprehensive BMPs. First, potential pollutant sources and high risk areas of pollution must be identified. Then, the magnitude of the problem must be evaluated by monitoring and analyzing runoff to determine the amount and type of pollutants in terms of concentration or load. Understanding the source, amount, and characteristics of pollutants in stormwater runoff is essential in applying a screening process for selecting appropriate BMPs (Marshall, 2002). General Information for Detention Practices Detention refers to the temporary storage of excess runoff onsite prior to gradual release after the peak of the storm inflow has passed. Runoff is held for a period of time and is slowly released to a natural or manmade water course, usually at a rate no greater than the pre - development peak discharge rate. For water quantity, detention facilities will not reduce the total volume of runoff, but will redistribute the rate of runoff over a longer period of time by providing temporary storage for the stormwater. Storage of stormwater runoff within a stormwater management system is essential to providing the extended detention of flows for water quality treatment and downstream channel protection, as well as for peak flow attenuation (the process by which a virus, bacterium, etc., changes under laboratory conditions to become harmless or less virulent) of larger flows for overbank and extreme flood protection. Dry Detention Ponds Dry detention ponds (a.k.a. dry ponds, extended detention basins, detention ponds, and extended detention ponds) are basins whose outlets have been designed to detain Sebastian Stormwater Master Plan Update Page 23 49 of 131 NEEL- SCHAFFER Solutlona you can buIIE upon December 6, 2013 stormwater runoff for some minimum time (e.g., 24 hours) to allow particles and associated pollutants to settle. Unlike wet ponds, these facilities do not have a large permanent pool of water. However, they are often designed with small pools at the inlet and outlet of the basin. They can also be used to provide flood control by including additional flood detention storage. Dry detention ponds have traditionally been one of the most widely used stormwater best management practices. In some instances, these ponds may be the most appropriate best management practice. However, they should not be used as a one size fits all solution. If pollutant removal efficiency is an important consideration then dry detention ponds may not be the most appropriate choice. Dry detention ponds require large amounts of space to build them. Potential Benefits of a Dry Detention Pond • Reduction of downstream flooding problems by attenuating the peak rate of flow. • Some removal of pollutant loadings to receiving bodies of water for suspended pollutants. • Reduction in cost for downstream conveyance facilities. • Creation of fill that may be used on site for sold (pond sediment removal). • Low frequency of failure as compared with filtration systems. Limitations Although dry detention ponds are widely applicable, they have some limitations that might make other stormwater management options preferable: • Dry detention ponds have only moderate pollutant removal when compared to other structural stormwater practices, and they are ineffective at removing soluble pollutants (See Effectiveness). • Dry extended detention ponds may become a nuisance due to mosquito breeding if improperly maintained or if shallow pools of water form for more than 7 days. • Although wet ponds can increase property values, dry ponds can actually detract from the value of a home (see Cost Considerations). • Dry detention ponds on their own only provide peak flow reduction and do little to control overall runoff volume, which could result in adverse downstream impacts Extended Dry Detention Extended detention refers to a basin designed to extend detention beyond that required for stormwater peak rate control to provide some water quality affect. Extended dry detention (ED) is used to drain a runoff volume over a specified period of time, typically 24 hours, and is used to meet channel protection criteria (CPv). Some structural control designs (wet ED pond and micro -pool ED pond) also include extended detention storage of a portion of the water quality volume. Extended detention basins are viable and effective treatment facilities. When properly designed, significant reductions are possible in the total suspended sediment load and of constituents associated with these sediments. Typically these basins are less effective in removing soluble solids. The amount of reduction depends on a wide variety of factors, including: • Surface area of the basin, • Peak outflow rate, • Size distribution of the particles, Sebastian Stormwater Master Plan Update Page 24 50 of 131 NEEL- SCHAFFER SnluGonx you can build upon December 6, 2013 • Specific gravity of particles, • Fraction of the sediment that is active clay, • Type of associated pollutant concentrations, • Fraction of influent solids are colloidal, dissolved, and non - settleable. Extended detention basins will sometimes have a small permanent pool below the invert of the low flow outlet. This is normally so small that it does not materially impact trapping of sediment and chemicals, and is typically included for aesthetics or to cover deposited sediments. Wet Detention Ponds Wet detention systems (a.k.a. stormwater ponds, wet retention ponds, retention basins, wet extended detention ponds) are the most recognizable stormwater systems. They are constructed basins that have a permanent pool of water into which stormwater runoff is directed. Runoff from each rain event is detained and treated in the pond until it is displaced by runoff from the next storm. They are designed to remove pollutants from stormwater. Ponds treat incoming stormwater runoff by allowing particles to settle and algae to take up nutrients. The primary removal mechanism is settling as stormwater runoff resides in this pool. The pond's natural physical, biological, and chemical processes then work to remove the pollutants. Sedimentation processes remove particulates, organic matter, and metals, while dissolved metals and nutrients are removed through biological uptake. In general a higher level of nutrient removal and better stormwater quantity control can be achieved in wet detention ponds than can be achieved trenches, or sand filters. with other BMPs, such as dry ponds, infiltration Wet detention ponds can be used as a stormwater retrofit. A stormwater retrofit is a stormwater management practice (usually structural) put into place after development has occurred, to improve water quality, protect downstream channels, reduce flooding, or meet other specific objectives. Wet ponds are very useful stormwater retrofits and have two primary applications as a retrofit design. In many communities, detention ponds have been designed for flood control in the past. It is possible to modify these facilities to develop a permanent wet pool to provide water quality control, and modify the outlet structure to provide channel protection. Sebastian Stormwater Master Plan Update Page 25 51 of 131 NEEL- SCWFER Sntudons you can build ppon Example of Stormwater Park in Sebastian, Florida December 6, 2013 Design Considerations of Wet Detention Ponds Specific designs may vary considerably, depending on site constraints or preferences of the designer or community. There are some features, however, that should be incorporated into most wet pond designs. These design features can be divided into five basic categories: pretreatment, treatment, conveyance, maintenance reduction, and landscaping. Pretreatment incorporates design features that help to settle out coarse sediment particles. By removing these particles from runoff before they reach the large permanent pool, the maintenance burden of the pond is reduced. In ponds, pretreatment is achieved with a sediment forebay. A sediment forebay is a small pool (typically about 10 percent of the volume of the permanent pool). Coarse particles remain trapped in the forebay, and maintenance is performed on this smaller pool, eliminating the need to dredge the entire pond. Treatment design features help enhance ability of a stormwater management practice to remove pollutants. The purpose of most of these features is to increase the amount of time that stormwater remains in the pond. Stormwater should be conveyed to and from all stormwater management practices safely and to minimize erosion potential. The out fall of pond systems should always be stabilized to prevent scour. In addition, an emergency spillway should be provided to safely convey large flood events. To help mitigate warming at the outlet channel, designers should provide shade around the channel at the pond outlet. In addition to regular maintenance activities needed to maintain the function of stormwater practices, some design features can be incorporated to ease the maintenance burden of each practice. In wet ponds, maintenance reduction features include techniques to reduce the amount of maintenance needed, as well as techniques to make regular maintenance activities easier. The potential maintenance concern in wet ponds is clogging of the outlet. Ponds should be designed with a non - clogging outlet such as a reverse -slope pipe, or a weir outlet with a trash rack. A reverse -slope pipe draws from below the permanent pool extending in a reverse angle up to the riser and established the water elevation of the permanent pool. Because these outlets draw water from below the level of the permanent pool, they are less likely to be clogged by floating debris. Landscaping of wet ponds can make them an asset to a community and can also enhance the pollutant removal of the practice. A vegetated buffer should be preserved around the pond to protect the banks from erosion and provide some pollutant removal before runoff enters the pond by overflow. In addition, ponds Sebastian Stormwater Master Plan Update Page 26 52 of 131 NEEL- SCHAFFER S.1.0.. you can Culld Npo December 6, 2013 should incorporate an aquatic bench (i.e., a shallow shelf with wetland plants) around the edge of the pond. This feature may provide some pollutant uptake, and it also helps to stabilize the soil at the edge of the pond and enhance habitat and aesthetic value Wet Extended Detention Pond The wet extended detention pond combines the treatment concepts of the dry extended detention pond and the wet pond. In this design, the water quality volume is split between the permanent pool and detention storage provided above the permanent pool. During storm events, water is detained above the permanent pool and released over 12 to 48 hours. This design has similar pollutant removal to a traditional wet pond and consumes less space. Wet extended detention ponds should be designed to maintain at least half the treatment volume of the permanent pool. In addition, designers need to carefully select vegetation can withstand both wet and dry. Wet Extended Detention Pond The wet extended detention pond combines the treatment concepts of the dry extended detention pond and the wet pond. In this design, the water quality volume is split between the permanent pool and detention storage provided above the permanent pool. During storm events, water is detained above the permanent pool and released over 12 to 48 hours. This design has similar pollutant removal to a traditional wet pond and consumes less space. Wet extended detention ponds should be designed to maintain at least half the treatment volume of the permanent pool. In addition, designers need to carefully select vegetation can withstand both wet and dry. Water Reuse Pond Wet reuse ponds can act as a water source for irrigation. In this case, the water balance should account for the water that will be taken from the pond. One study conducted in Florida estimated that a water reuse pond could provide irrigation for a 100 -acres golf course at about One - seventhe the cost of the market rate of the equivalent amount of water at $40,000 versus $300,000. Effectiveness of Wet Detention Ponds Structural stormwater management practices can be used to achieve four broad resource protection goals. These include flood control, channel protection, ground water recharge, and pollutant removal. Wet ponds can provide flood control, channel protection, and pollutant removal. One objective of stormwater management practices can be to reduce the flood hazard associated with large storm events by reducing the peak flow associated with these storms. Wet ponds can easily be designed for flood control by providing flood storage above the level of the permanent pool. When used for channel protection, wet ponds have traditionally controlled the 2 -year storm. It appears that this control has been relatively ineffective and research suggests that control of a smaller storm may be more appropriate. Wet ponds, cannot provide ground water recharge. Infiltration is impeded by the accumulation of debris on the bottom of the pond. Wet ponds are among the most effective stormwater management practices at removing Sebastian Stormwater Master Plan Update Page 27 53 of 131 NEEL-SCHAFFER SoluMona :you rn buJ)d upon December 6, 2013 stormwater pollutants. A wide range of research is available to estimate the effectiveness of wet ponds. Limitations of Wet Detention Ponds Limitations to wet detention ponds include: • If improperly located, wet pond construction may cause loss of wetlands or forest. • Wet ponds are often inappropriate in dense urban areas because each pond is generally quite large. • Wet detention ponds must be able to maintain a permanent pool of water. Therefore, ponds cannot be constructed in areas where there is insufficient precipitation to maintain the pool or in soils that are highly permeable. • In cold water streams, wet ponds are not a feasible option due to the potential for stream warming. • Wet ponds may pose safety hazards. • Without proper maintenance, the performance of the pond will drop off sharply. Regular cleaning of the fore bays is particularly important. Maintaining the permanent pool is also important in preventing the re- suspension of trapped sediments. The accumulation of sediments in the pond will reduce the pond's storage capacity and cause a decline in its performance. Therefore, the bottom sediments in the permanent pool should be removed about every 2 to 5 years. Exfiltration Trenches An exfiltration trench is an underground drainage system consisting of a perforated pipe surrounded by natural or artificial aggregate such as sand, which stores and infiltrates runoff. They are similar to infiltration trenches with the exception they can be placed below paved surfaces such as parking lots and streets. The exfiltration trench performs well at removal of fine sediment and pollutants. They are sometimes referred to as subsurface detention or retention, percolation tanks, soak - always or underground infiltration basins. While infiltration trenches are usually rock filled ditches into which stormwater enters from the top, exfiltration trenches often involve a pipe in the middle of the trench through which stormwater enters. The stormwater runoff is collected by catch basins located at the end of each exfiltration trench segment; the perforated pipe delivers the stormwater into the surrounding aggregate through the pipe perforations. The stormwater ultimately exfiltration into the ground water aquifer through the trench walls and bottom. As the treatment volume is not discharged into surface waters, exfiltration trench systems are considered a type of retention treatment. The objectives of these structures are to capture and discharge stormwater at a controlled rate. They function in concert with pervious surfaces by enhancing the infiltration and storage capacity of on -site soils and treating runoff before it recharges the ground water. Exfiltration systems act as small, distributed, underground stormwater retention ponds. Exfiltration tanks and trenches can be used to convey and distribute captured runoff across a lot or subdivision. These exfiltration structures provide a storage area for rapid runoff during a storm, then allow it to infiltrate gradually through the soil into the ground water. Runoff water enters the underground chamber at the inlet and a physical filtration process removes pollutants as some pollutants can remain in the exfiltration water, so additional source control is needed where ground water contamination is a concern. Sebastian Stormwater Master Plan Update Page 28 54 of 131 HEEL- SCHAFFER `$olu UOna you can Cutld upon Example of an Exfiltration Trench December 6, 2013 The permeability of the soils at the exfiltration trench location and the anticipated water table elevation „, K �• �` - �=�,. determine the applicability and a VV •_° TI -- performance of the exfiltration trench system, which has to be able to „ �• -•__° -- infiltrate the required stormwater treatment volume and drawdown the ` m•�- -��-�, treatment volume to return to its normal condition within a specific time after the design storm event. When the trench Bottom is located at or above the average wet season water table, the exfiltration trench is considered a dry system. Exfiltration trenches, like other types of retention systems, are able to efficiently remove the storm water pollutants. Additionally, exfiltration trenches contribute to recharge of the ground water aquifer thus assist in combating saltwater intrusion in coastal areas. Exfiltration tanks and trenches can vary considerably in size. Large underground exfiltration designs generally utilize concrete and large pipe systems. Modular products are available that are usually constructed of lightweight but durable plastic wrapped in a geo- textile. Water Quality The exfiltration trenches to provide water quality treatment to a watershed can be installed off -line or online in the drainage system. The off -line treatment method diverts runoff into the exfiltration trench designed provide the required treatment volume; subsequent runoff in excess of the treatment capacity bypass the off -line exfiltration trench towards the outfall. A diversion drainage structure is usually required for off -lien systems. The on -line exfiltration trench provides the required water treatment but the treatment volume is mixed with the total runoff volume. As such, runoff volume in excess of the treatment capacity carries a portion of the pollutant load to the receiving water body. Water Protection Benefits • Water conservation implications - Exfiltration systems do not benefit potable water supplies directly, but do assist in groundwater recharge and reducing some demand by on site vegetation. • Stormwater implications - Sub - surface infiltration systems such as exfiltration tanks reduce peak veloCity and volume of stormwater runoff. When significant storage volumes and mitigation of peak runoff veloCity are attained, zero stormwater discharge from the lot may be achieved. This in turn can reduce the size of the centralized stormwater retention ponds. Operations and Maintenance (O and M) Successful operation depends on maintaining the percolation rate of the trench's sides and bottom. The keys to long -term performance are accurate estimation of percolation rate, proper construction, pretreatment, offline design, and maintenance accessibility. Exfiltration trenches can become clogged, so it is important to prevent sediments and materials from entering the system as much as possible and periodically remove those that accumulate. Frequency of clogging is dependent on effectiveness of pretreatment, such as vegetative Sebastian Stormwater Master Plan Update Page 29 55 of 131 NEEL- SCHAFFER S.S.Wans you can b.11d upon December 6, 2013 buffer strips and street sweeping, at removing sediments. Accumulated sediments need to be removed from the pipe to allow percolation into filter media. If filter media becomes clogged, it can be expensive to remove pipe and replace media to allow for proper percolation. Access for maintenance should be considered in the design, potentially including an observation well of PVC pipe leading to the bottom of the trench to allow for monitoring of the drawdown rate. Some systems incorporate an underdrain below the filtering system, which can be used as an overflow should clogging occur. Applications of Exfiltration Trenches • Residential lots • Commercial development • Parking lots • Green spaces • Golf courses Benefits of Exfiltration Trenches • They mimic the natural groundwater recharge capabilities of the site. • Are relatively easy to fit into the margins, perimeters, and other space - constrained areas of a development site, including underground pavement. • Can provide offline treatment for environmentally sensitive waters (e.g., Class I, Class II, or OFW). • Can be used to retrofit already developed sites where space is limited. • Detention • Infiltration • Stormwater reuse • Groundwater recharge • Runoff attenuation • Reduction in peak veloCity • Reduction in stormwater runoff volume • Possible reduction in size of central stormwater retention ponds Potential Limitations of an Exfiltration Trench • Require highly permeable soils to function properly. • Difficulties in keeping sediment out of the structure during site construction. • Not recommended for clayey or highly erodible soils. • Have relative short life spans before replacement or extensive restoration /maintenance of system is required. • Often more costly than other treatment alternatives, especially when operation and maintenance costs are considered. Shallow Grassed Swales In the context of BMPs to improve water quality, the term swale (a.k.a. grassed channel, dry swale, wet swale, bio filter, or bios wale) refers to a vegetated, open channel management practices designed specifically to treat and attenuate stormwater runoff for a specified water quality volume. As stormwater runoff flows along these channels, it is treated through vegetation slowing the water to allow sedimentation, filtering through a subsoil matrix, and /or infiltration into the underlying soils. Variations of the grassed swale include the Sebastian Stormwater Master Plan Update Page 30 56 of 131 NEEL- SCHAFFER Salutlons you can build upon December 6, 2013 grassed channel, dry swale, and wet swale. The specific design features and methods of treatment differ in each of these designs, but all are improvements on the traditional drainage ditch. These designs incorporate modified geometry and other features for use of the swale to treat and convey stormwater runoff. Grassed swales can be applied in most situations with some restrictions. Swales are well suited for treating highway or residential road runoff because they are linear practices. They can also be used to provide a low -cost drainage option for farms, industrial, and commercial areas. Swales are also useful as one of a series of stormwater BMPs or as part of a treatment train, for instance, conveying water to a detention pond and receiving water from filter strips. Furthermore, swales are highly recommended by proponents of design approaches such as Low Impact Development (LID) and other green designs. Grassed swales can be used as a retrofit. A stormwater retrofit is a stormwater management practice (usually structural) put into place after development has occurred to improve water quality, protect downstream channels, reduce flooding, or meet other specific objectives such as reducing loadings to comply with a TMDL waste load allocation. One retrofit opportunity using grassed swales modifies existing drainage ditches. Ditches have traditionally been designed only to convey stormwater. In some cases, it may be possible to incorporate features to enhance pollutant removal or infiltration such as check dames (i.e., small dams along the ditch that trap sediment, slow runoff, and reduce the effective longitudinal slope). Since grassed swales cannot treat a large area, using this practice to retrofit entire water shed would be expensive because of the number of practices needed to manage runoff from a significant amount of the watershed's land area. Designers need to consider site conditions. In addition, they need to incorporate design features to improve the longevity and performance of the practice while minimizing the maintenance burden. Drainage Area Grassed swales should generally treat runoff from small drainage areas (less than 5 acres). If used to treat larger areas, the flows through the swale become too large to produce designs to treat stormwater runoff in addition to conveyance. Slope Grassed swales should be used on sites with relatively flat slopes of less than 4 percent slope; 1 to 2 percent slope is recommended. When site conditions require installing the swales in areas with larger slopes, check dams can be used to reduce the influence of the slope. Runoff velocities within the channel become too high on steeper slopes. This can cause erosion and does not allow for infiltration or filtering in the swale. Grassed swales can be used on most soils, with some restrictions on the most impermeable soils. In the dry swale a fabricated soil bed replaces on -site soils in order to ensure that runoff is filtered as it travels through the soils of the swale. The required depth to ground water depends on the type of swale used. In the dry swale and grassed channel options, the bottom of the Swale should be constructed at least 2 feet above the ground water table to prevent a moist swale bottom or contamination of the ground water. In the wet swale option, treatment is provided by creating a standing or slow flowing wet pool, which is maintained by intersecting the ground water. According to SJRWMD, a swale is defined as a manmade trench that: • Has a top width -to -depth ratio of the cross - section equal to or greater than 6:1 or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical. Sebastian Stormwater Master Plan Update Page 31 57 of 131 NEEL- SCHAFFER Solutions you "n hullo upon December 6, 2013 • Should contain contiguous areas of standing or flowing water only following a rainfall event, thus the system is normally "dry." • Is designed to percolate 80 percent of the 3- year /1 -hour storm (approximately 2.3 inches in 1 hour) within 72 hours. • Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake. • Is designed to take into account the soil errodability, soil percolation, slope length, and drainage area to prevent erosion and reduce the pollutant concentration of any discharge. Design Considerations Although there are different design variations of the grassed swale, there are some design considerations common to all designs. An overriding similarity is the cross - sectional geometry. Swales often have a trapezoidal or parabolic cross section with relatively flat side slopes (flatter than 3:1), though rectangular and triangular channels can also be used. Designing the channel with flat side slopes increases the wetted perimeter. The wetted perimeter is the length along the edge of the swale cross section where runoff flowing through the swale contacts the vegetated sides and bottom. Increasing the wetted perimeter slows runoff velocities and provides more contact with vegetation to encourage sorption, filtering, and infiltration. Another advantage to flat side slopes is that runoff entering the grassed swale from the side receives some pretreatment along the side slope. Design Variations to the Grassed Swale There are variations to the Grassed Swale and they include the grassed channel, dry swales, and wet swales. Of the three grassed swale designs, grassed channels are the most similar to a conventional drainage ditch, with the major differences being flatter side slopes and longitudinal slopes, and a slower design veloCity for water quality treatment of small storm events. Of all the options, grassed channels are the least expensive but also provide the least reliable pollutant removal. The grassed channel is a flow- rate -based design. Based on the peak flow from the water quality storm (this varies regionally, but a typical value is the 1- inch /24 hour storm), the channel should be designed so that runoff takes, on average, 10 minutes to flow from the top to the bottom of the channel. Dry Swales Dry swales are similar in design to bio retention areas. These incorporate a fabricated soil bed into their design. The native soil is replaced with sand /soil mix that meets minimum permeability requirements. An underdrain system is installed at the bottom of the soil bed. This underdrain is a gravel layer that encases a perforated pipe. Stormwater treated in the soil bed flows into the under drain, which routes this treated stormwater to the storm drain system or receiving waters. Dry swales are a relatively new design, but studies of swales with a native soil similar to the man -made soil bed of dry swales suggest high pollutant removal. Wet Swales Wet swales intersect the ground water and behave similarly to a linear wetland cell. This incorporates a shallow permanent pool and wetland vegetation to provide stormwater treatment. The wet swale also has potentially high pollutant removal. Wet swales are not commonly used in residential or commercial settings because the shallow standing water may be a potential mosquito breeding area Sebastian Stormwater Master Plan Update Page 32 58 of 131 NEEL- SCHAFFER SnluUona you can build upon December 6, 2013 Maintenance Considerations of Grass Swales Maintenance of grassed swales mostly involves litter control and maintaining the grass or wetland plant cover. Typical maintenance activities are as follows: • Inspect pea gravel diaphragm for clogging and correct the problem • Inspect grass alongside slopes for erosion and formation of rills or gullies and correct. • Remove trash and debris accumulated in the inflow forebay. • Inspect and correct erosion problems in the sand /soil bed of dry swales. • Based on inspection, plant an alternative grass species if the original grass cover has not been successfully established. • Replant wetland species (for wet swale) if not sufficiently established. • Rototill or cultivate the surface of the sand /soil bed of dry swales if the swale does not draw down within 48 hours. • Remove sediment build -up within the bottom of the swale once it has accumulated to 25 percent of the original design volume. • Mow grass to maintain a height of 3-4 inches. Effectiveness of Grass Swales Structural stormwater management practices can be used to achieve four broad resource protection goals. These include flood control, channel protection, ground water recharge, and pollutant removal. Grassed swales can be used to meet ground water recharge and pollutant removal goals. Grassed channels and dry swales can provide some groundwater (subsurface water contained in the interconnected pores below the water -table of an aquifer) recharge (process by which aquifers are replenished with water from the surface) as infiltration is achieved within the practice. Wet swales, however, generally make little, if any, contributions to ground water recharge. Infiltration is impeded by the accumulation of debris on the bottom of the swale. A number of factors influence the rate of recharge including the soil type, plant cover, slope, rainfall intensity, and the presence and depth of confining layers and aquifers. Most of Florida's groundwater recharge occurs in the summer months when precipitation is highest. Recharge also occurs with locally heavy rainstorms during the rest of the year. Groundwater typically discharges into a lake or river, maintaining its level or flow in dry seasons. Benefits of Shallow Grassed Swales • Usually less expensive than installing curb and gutters, and usually less expensive than other water quality treatment controls. • Hardly noticeable if shallow swales (0.5 to 1.0 ft. maximum depth) are designed and constructed with gradual slopes (4:1 to 6:1). • Can provide off -line treatment for environmentally sensitive waters (e.g. Class I, Class 11, or OFW). • Can reduce peak rates of discharge by storing, detaining, or attenuating flows. • Can reduce the volume of runoff discharged from a site by infiltrating runoff with a raised inlet or check dam. • Maintenance can be performed by the adjacent landowner. • Can be used in space- constrained areas such as along lot lines, rear of lots, and along roadside. • Can be used as water quality treatment or pretreatment with other BMPs in a treatment train. • Recovers storage and treatment volumes quickly wher4e soils are permeable. Sebastian Stormwater Master Plan Update Page 33 59 of 131 NEEL- SCHAFFER 13o1u00ns you can b.11d upon December 6, 2013 Can be used as recessed landscape areas (part of green space requirement), and runoff collection becomes the source for irrigation and some nutrients (saving money) provided the use does not impact long -term maintenance or impact existing trees. Limitations of Grass Swales Grassed swales have some limitations, including the following: • Grassed swales cannot treat a very large drainage area. • Wet swales may become a nuisance due to mosquito breeding. • If designed improperly (e.g., if proper slope is not achieved), grassed channels will have very little pollutant removal. • Effective only as a conveyance system in unsuitable soils. • Possible nuisances such as odors, mosquitoes, or nuisance plant species can occur if not designed, constructed or maintained. • Aesthetically unpleasing if improperly designed and constructed (deep with steep side slopes — looks like a ditch). • Improperly designed swales may also negatively impact the frequency of maintenance by the responsible entity. • May not be suitable or may require geotextile matting in areas that serve as vehicle parking areas. Water Quality Inlets and Baffle Boxes Water quality inlets (WQls), also commonly called trapping catch basins, oil /grit separators, consist of one or more chambers that promote sedimentation of course materials and separation of free oil (as opposed to emulsified or dissolved oil) from storm water. The first provides effective removal of coarse particles and helps prevent premature clogging of the filter media. A second chamber contains a sand filter to provide additional removal of finer suspended solids by filtration. Water quality inlets rely on settling to remove pollutants before discharging water to the storm sewer or other collection system. They are also designed to trap floating trash and debris. When inlets are coupled with oil /grit separators and /or hydrocarbon absorbents, hydrocarbon loadings from high traffic/parking areas may be reduced. However, experience has shown that pollutant - removal effectiveness is limited, and the devices should be used only when coupled with extensive clean -out methods (Schuler et al., 1992). Maintenance must include proper disposal of trapped coarse- grained sediments and hydrocarbons. Clean -out and disposal costs may be significant. Catch basins are water quality inlets in their simplest form. They are single chambered inlets with a lowered bottom to provide 2 to 4 feet of additional space between the outlet pipes for collection of sediment at the bottom of the structure. Selection Criteria • Applicable too many sites, including high density areas with poorly drained soils and extensive impermeable areas. • Small Drainage area. • Flexibility to retrofit existing drainage areas with minimal or no additional land requirement. Sebastian Stormwater Master Plan Update Page 34 60 of 131 NEEL- SCHAFFER SW .W you can build upon December 6, 2013 Limitations • Pollutant removal effectiveness is limited, and the devices should be used only when coupled with extensive clean -out methods. • Not effective for water quality control during intensive storms. Design and Sizing Considerations • Retrofitting devices can be installed in any shape or size of grate or cub inlet. Accurate measurement of inlets must be taken to ensure proper fit. • Should not obstruct flow or cause excessive hydraulic head losses. • Need removable grates or manholes to install and clean devices. Inspection /Maintenance Considerations High sediment loads can interfere with the ability of the WQI to effectively separate oil and grease from the runoff. During periods of high flow, sediment can be suspended and released from the WQI into surface waters. Maintenance of WQIs can be easily neglected because they are underground. Establishment of a maintenance schedule is helpful for ensuring proper maintenance occurs. The required maintenance effort will be site - speck due to variations in sediment and hydrocarbon loading. Since WQI residuals contain hydrocarbon by- products, they may require disposal as hazardous waste. Many WQI owners coordinate with waste haulers to collect and dispose of these residuals. Separation Devices Separation devices include sumps, baffle boxes, oil /grit separators, and sediment basins to capture trash, sediments, and floating debris. They are efficient only within specific ranges of volume and discharge rates. Control units usually have a forebay to pretreat discharges by separating heavy grit and floating debris before it enters the separator. Separation processes use gravity, vortex flow, centrifugal force, and even direct filtration. Further treatment may be accomplished by adding chemicals such as alum. After separation, the sediment is collected and transported or pumped to a waste treatment facility. These devices may have a high initial investment cost. Nutrient Baffle Boxes Nutrient baffle boxes are concrete or fiberglass structures containing a series of sediment settling chambers separated by baffles. The primary function of baffle boxes is to remove sediment, suspended particles, and associated pollutants from stormwater. Baffle boxes may also contain trash screens or skimmers to capture larger materials, trash, and floatables. Baffle boxes are located either in -line or at the end of storm pipes. The use of baffle boxes for pollutant removal is based on the concept of slowing the flow veloCity through the box, thereby allowing solids and associated pollutants to settle to the bottom of the box. Stormwater enters the box and begins to fill the first chamber. As water encounters the baffles, flow veloCity decreases, allowing particles with a settling veloCity to settle to the bottom of the box. In addition to decreasing flow velocities, the baffles impede particle movement. As suspended solids strike the baffles, they begin to settle. Larger particles usually settle out first and accumulate in the first chambers while smaller particles usually settle out in subsequent chambers. Sebastian Stormwater Master Plan Update Page 35 61 of 131 NEEL- SCHAFFER 9nlurJons you can build upon December 6, 2013 Nutrient baffle boxes have proven effective in removing sediment from stormwater runoff. They are mainly utilized in areas where sediment control is a primary concern, while other stormwater BMPs may be more effective in areas where additional stormwater pollutants, such as dissolved nutrients, oil and grease, or metals, are prevalent Nutrient baffle boxes are ideally suited for retrofitting into existing storm pipes. Baffle boxes for pipes up to 48 inches in diameter can be precast, making installation quick and cost - efficient. Baffle boxes can be used for pipes up to 60 inches in diameter, but these boxes must be cast in place, making them more expensive and time - consuming to install. Baffle boxes are principally designed for sediment removal, but trash racks, screens, or skimmers can be installed to trap floatables and oil and grease as well. Design Criteria The design concept of a sediment (baffle) box is similar to the design of a three - chamber water quality inlet (also known as an oil /grit separator). Typical baffle boxes are 3 to 5 meters (10 to 15 feet) long, 0.6 meters (2 feet) wider than the pipe, and 2 to 2.7 meters (6 to 8 feet) high. Weir height is usually 1 meter (3 feet). Weirs are usually set at the same level as the pipe invert to minimize hydraulic losses. Manholes are set over each chamber to allow easy access for cleaning and maintenance. Manholes should be located access by vacuum trucks for box maintenance. within 15 feet of a paved surface to allow The design of the baffle box can be modified to promote easy cleaning and to prevent nutrient leaching from accumulated biota. Some fiberglass baffle boxes have been designed to include sliding gates on both ends. These gates are closed during cleaning to block flow, allowing removal of accumulated sediments and trash without vacuuming up Sebastian Stormwater Master Plan Update Page 36 62 of 131 NEEL- SCHAFFER SuluGOns you con bulfd upon December 6, 2013 incoming or residual flows. These baffle boxes also have rounded bottoms that cause accumulated sediment to collect in the middle of the box, making it easier to vacuum it out. Baffle boxes can also be designed with aluminum screens installed below the inflow pipe but above the baffles. In this design, incoming flow drops through the screen, trapping trash, yard waste, and other debris away from the accumulating water below. Leaching is reduced because this debris is kept out of standing water. Therefore, there is less chance of introducing nutrients into the outflow. Trash deflectors are set at the outflow end of the box, reducing the chance of carrying garbage out with excess flow. Preliminary modeling by the Florida Institute of Technology indicates that these screens do not become clogged even under heavy loads of debris (unpublished data reported by Sun tree Technologies, I nc. 2000). As flow accumulates in the first chamber, it is forced over a baffle into the next chamber. Flow deflectors at the top of the baffle reduce the possibility of sediment being carried from one chamber to the next. Flow exits through the outlet pipe. Possible modifications to a standard baffle box design to accommodate site - specific conditions include: A two- chamber box for small pipes and small drainage areas; A three - chamber box for larger pipes; and Two multi- chambered boxes in a series. These design modifications have not been fully studied. However, the Florida Institute of Technology used hydraulic scale - modeling to evaluate box size and shape, along with baffle size and placement, on pollutant removal efficiency. Using three, four, and five - chambered baffle boxes, this study evaluated the sediment removal efficiencies of fine and coarse - grained sediments under several typical flow rates and sediment concentrations. The researchers also evaluated the effect of changing the depth of the box and raising the height of the baffles. The results showed that, in general, adding more chambers to the box did not increase sediment removal because each chamber became shorter, and thus sediment did not settle out as efficiently. Re- suspension of sediments in the box was a consistent problem because incoming flow disturbed sediments that had already settled, causing them to be re- suspended and carried out of the settlement chamber. The study Sebastian Stormwater Master Plan Update Page 37 63 of 131 NEEL- SCHAFFER SoNWr rou can build upan December 6, 2013 suggested that reducing re- suspension in the box would increase its overall efficiency, but this has not been investigated. Performance Baffle boxes are an effective BMP to remove sediments from stormwater. Baffle boxes have been shown to remove from 225 to 22,500 kilograms (500 to 50,000 pounds) of sediment per month, depending on the sediment load feeding into the baffle box. However, pollutant removal efficiencies (e.g., the percentage of pollutants removed by the BMP) depend on factors such as land use, drainage basin area, soil types, stormwater velocities through the box, and the frequency and thoroughness of box cleaning. Limited data exists on the pollutant removal efficiencies of baffle boxes. Only one laboratory and one field evaluation are complete, while several more field tests are scheduled for the future. Benefits of the Nutrient Separating Baffle Boxes • Fits Within Existing Easements • Retrofits Existing Systems • Easy & Quick To Install and Maintain • Captures Foliage, Litter, Sediment & Hydrocarbons • Separates Foliage and Litter From Water & Sediment • Will Not Go Septic Between Storm Events • Captures thousands of pounds of sediment, debris and gross pollutants • Excellent treatment structure for Recharge wells Stormwater Quality Improvement Project — Nutrient Separating Baffle Box Skimmers Oil and grease simmers are a cost - effective method of prohibiting oil and grease from following onto receiving water bodies. Oil and grease skimmers are easily installed and maintained. Skimmers should also be considered in the design phase of all storage /treatment facilities such as the wet detention ponds. The SJRWMD requires the use of skimmers or baffles at BMP outlets where oil and grease are expected (e.g., gasoline station) and where the upstream tributary has more than 50 percent of impervious surfaces. The skimmers are designed to retain the oils and greases at the surface of the retention /detention system. C. Non - Structural BMPs Non- structural BMPs are practices that improve water quality by reducing the accumulation and generation of potential pollutants at or near their source. They do not require construction of a facility, but instead provide for the development of pollution control programs that include prevention, education and regulation. These can be classed as follows: • Planning and regulatory tools • Conservation, recycling and source controls • Maintenance and operational procedures • Educational and outreach programs The Sebastian City Council recently had an education presentation on the City's erosion control illicit discharge relating to the National Pollutant Discharge Elimination System Sebastian Stormwater Master Plan Update Page 38 64 of 131 "PO Ef Don't pylyoq olif elechoricsin youttacycla b(n NE,EL- SCHAFFER 'Sn1Y0oni you can bul/d upon December 6, 2013 Local governments play a role in establishing regulatory programs that provide opportunities to meet specific objectives. These measures must comply with state and federal mandates and should address such issues as hazardous materials, codes, zoning, land development and land use regulations, water shortage and conservation policies, and controls on types of flow allowed to drain into sanitary municipal storm sewer systems. For a local program to be successful, the following elements should be considered: • Community/business composition • Land use patterns • Local practices • Community concerns • Institutional characteristics. Ordinances are rules or laws issued by a local government under legal authority granted by statutes. They include findings of fact, objectives or purposes, definitions, permitting requirements, variances, performance /design standards, and enforcement policies. Low Impact Development (LID) LID is an approach to land development (or re- development) that works with nature to manage stormwater as close to its source as possible. LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product. There are many practices that have been used to adhere to these principles such as bio retention facilities egetated rooftops, rain barrels, and permeable pavements. By implementing LID principles and practices, water can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or water shed. Applied on a broad scale, LID can maintain or restore a watershed's hydrologic and ecological functions. Hydrologic functions such as filtration, frequency, and volume of discharges, and ground water recharge can be maintained by reducing impervious surfaces, functional grading, open channel sections, reuse of runoff and using multifunctional landscape features such as rain gardens, swales, mulch, and conservation areas. LID has been characterized as a sustainable stormwater practice by the Water Environment foundation and others (EPA, 2013). Educational and Outreach Programs Public education and outreach programs can be implemented to meet any individual or community needs. The public is often unaware that the combined effects of their actions can cause significant non -point source pollution problems. Outreach programs should be part of a community's overall plan for stormwater management to educate employees, the public, and businesses about the importance of protecting stormwater from improperly used, stored, and disposed pollutants. Proper education on day -to -day activities such as recycling of used automotive fluids, household chemical and fertilizer use, animal waste control and other activities can significantly reduce non -point source pollutant loadings to urban streams. A public education plan should consist of several kinds of activities that may include the following: • Public surveys to assess use of toxic materials, disposal practices, and overall environmental awareness. • Frequent and consistent campaign messages using a mission statement, logo, and tag line. Sebastian Stormwater Master Plan Update Page 40 66 of 131 O NEEI— SCHAFFER December 6, 2013 SnluUons you can bu/IA upon • Campaign products such as door hangers, pamphlets, guidebooks, signs, press releases, or classroom !library displays. • Public outreach activities such as having a field day where a local water quality expert comes to a community to demonstrate ways of reducing pollution. • Neighborhood programs such as the following: • Identifying storm drains with stenciling to discourage dumping. • Distributing toxics checklist for meeting household hazardous waste regulations. • Producing displays and exhibits for school programs. • Distributing free seedlings for erosion control. • Creating volunteer opportunities such as water quality monitoring. • Informing residents about picking up pet waste or installing pet waste bags and containers • Demonstrating to residents how to compost lawn debris. • Distributing brochures about recycling of oil and antifreeze. • Distributing brochures about pesticides and fertilizers. See the City of Sebastian, Florida's website — hftp: / /sebastiannrb.com Operation and Maintenance (O & M) Maintenance programs are necessary in order to reduce the pollutant contribution from the urban landscape and to ensure that stormwater collection and treatment systems are operating as designed. Non - structural maintenance and operational procedures can be used to prevent or reduce the need for more costly structural treatment controls. The Florida Department of Environmental Protection has reported that nearly 70 percent of existing treatment facilities in Florida are not properly maintained and therefore do not provide the intended pollutant removal effectiveness. Because of this, one of the most effective non - structural BMPs is routine maintenance of existing treatment facilities. The following are a few of the non - structural maintenance operations: • Turf and landscape management, • Street cleaning, • Catch basin cleaning, • Road Maintenance, • Canal /ditch maintenance, and • Modification of structural operations. Conservation Plan All users (domestic, utility, commercial, agricultural, and recreational) of water have a responsibility and an opportunity to conserve water, to reduce or eliminate the amount of water potentially requiring stormwater runoff treatment. Conservation practices should be promoted in all communities. A good conservation water plan should include a framework for the following components (Marshall, 2002): • Appropriate lawn irrigation. • Adoption of landscape ordinances. • Installation of ultra -low volume plumbing fixtures in new construction. • Adoption of conservation- oriented rate structures by utilities. Sebastian Stormwater Master Plan Update Page 41 67 of 131 NEEI- SCWFER Soluclons )FO. can 6.11J upon December 6, 2013 • Implementation of leak detection programs by utilities with unaccounted for water loss greater than 10 percent. • Institution of public education programs for water conservation. Using Reclaimed Water Recycling water involves disinfecting and treating wastewater and using the reclaimed water for new, beneficial uses such as the following (Marshall, 2002): • Landscape irrigation for parks, golf courses, highway medians, and residential lawns. • Agricultural irrigation for crops, pasture lands, and nursery operations. • Ground water recharging either directly or through rapid infiltration basins • Industrial cooling or in- manufacturing processes. • Creating or restoring wetlands. • Fire protection. • Separate toilet piping systems in industrial or commercial buildings. • Aesthetic enhancements for ponds, fountains, and landscape features. • Dust control for construction sites or unpaved road communities. Pesticide /Herbicide Use Pesticides and herbicides can be a significant source of water quality impairment in urban streams due to their high aquatic toxiCity. According to a 2011 report from the EPA, the United States pesticide usage was 1.1 billion pounds in 2007 or 22 percent of the world estimate of 5.2 billion pounds of pesticide use. The total pounds of U.S. pesticide used decreased by approximately 8 percent from 1.2 to 1.1 billion pounds from 2000 to 2007. The use of conventional pesticides decreased about 3 percent from 2002 to 2007 and 11 percent from 1997 to 2007 (EPA, 2011). Herbicides remained the most widely used type of pesticide in the in the agricultural market sector and were also the most widely used type of pesticide I the home and garden and industrial, commercial, and governmental market sectors (EPA, 2011). A significant portion of these applications find their way into stormwater runoff and ultimately into receiving streams through spray drift, transport by soils, solubilization by runoff, and by spillage, dumping and improper disposal of containers and residuals. Education on the proper methods of application, application rates and alternatives to pesticides can help to reduce the amount of pesticides that are carried by urban runoff. Alternatives to pesticides, such as in integrated pest management program and pesticide alternatives such as insecticidal soap or natural bacteria, can also reduce the need for pesticides. Fertilizer Use A significant amount of nutrients in urban runoff results from misapplication of fertilizer to the urban landscape. Residential lawn and garden maintenance and maintenance of landscape and turf grass at golf courses, schools and commercial areas uses significant amounts of fertilizers containing nitrogen and phosphorous. Since most fertilizers are water soluble, over — application or application before rainfall events can allow significant quantities to be carried away by stormwater runoff. Education on proper application of fertilizers can help to reduce the quantities of nutrients reaching receiving waters. Sebastian Stormwater Master Plan Update Page 42 68 of 131 NEEL- SCHAFFER Solution: you n build upon December 6, 2013 The City of Sebastian, Florida has an Ordinance (Ordinance No. 0- 12 -06) regarding the use of fertilizer. See the City of Sebastian Website (www.Cityofsebastian.org) for further details. Automotive Product Disposal Discharge of automotive fluids such as antifreeze and motor oil to storm drains or land can cause significant water quality problems. "Do -it- yourself" automobile mechanics often incorrectly assume that materials that are dumped into storm drains will receive treatment at wastewater treatment plant prior to discharge. Education on appropriate recycling and disposal techniques for these materials can help to reduce pollutant loadings to streams. Education programs should identify the location of community automotive products recycling centers. In addition to impacts associated with dumping used oil and antifreeze, potential runoff pollutant sources from home automobile maintenance activities include dirt, cleaners, oils and solvents from car washing, leaking fluids such as brake and transmission fluid and gasoline spills. City of Sebastian Website Sebastian Stormwater Master Plan Update Page 43 69 of 131 NEEI— SCHAFFER Soluefons you can build upon 4. Stormwater Quarter Rounds December 6, 2013 L Quarter Rounds System The Quarter Rounds are standard 12 -inch plastic pipe which is cut into four quarters with holes that allow water to percolate into the grass swales to evenly drain away more efficiently. The quarter section of pipe is connected together and pinned into the existing grass swale. The existing swale is graded to provide a gradual slope. The pipe installation is combined with culvert replacement as needed and driveway replacement by the City crews. The City started the pilot program for the quarter round system as an innovative measure to assist in the managing storm water runoff within the residential streets of the City. The pilot program was initiated with a field review meeting with consultants and members from the St John's River Water Management agency to ensure that the project was permitted by the management agency. At that field review meeting, it was noted by the SJRWMD staff that a typical grass yard swale has the ability to infiltrate about 80 percent of the 3- year /1 hour storm or approximately 2.3 inches within 72 hours. This treatment of grass swales and percolation is questionable and it has been challenged that the treatment provided by the grass swale is marginal as best for infiltration. The City currently is continuing to install quarter rounds within the residential neighbors as a storm water management program. In February, 2011, the City of Sebastian had approximately 40 miles of quarter round installed. There is more than 300 miles of stormwater quarter round swales in the City of Sebastian. The use of the quarter rounds is based on the severity of drainage problems. The quarter rounds have improved the stormwater system overall. Quarter Rounds in Progress — 2012 show that the City has installed over 3,400 linear feet of quarter rounds. The City staff has indicated that many residents do not take care or maintain the plastic quarter round within the yard swale frontage. In many cases, these quarter round swales have become over grown with grass or the quarter round plastic is buried in siltation of soil from the runoff. There were many locations where the installed quarter rounds within the last year were covered with grass for silt. The City has a contract grass cutting crew which cut and maintains the drainage swales. ii. Testing of Quarter Rounds As part of the stormwater update, the City's implementation of the quarter round system was field tested to determine the infiltration and conveyance of stormwater runoff. A test site was identified by City staff for an actual field condition testing of the quarter rounds. The site scheduled was installed with quarter rounds within a two week period. The field test required a pre - condition test and then a post- condition test with the new quarter round installed. The City provided a tanker truck which carried 3,000 gallons of water to be discharged into the test site for the pre and post condition tests. The site was measured and timed for the drainage runoff of water from the starting point to where the drainage flow ended along the existing grass swale. Sebastian Stormwater Master Plan Update Page 44 70 of 131 NEEL- SCHAFFER SW .U you can Dulld upa December 6, 2013 Pre - condition Grass Swale: March 27, 2013 was the initial test date for the grass swale. The nature of the grass swale slope was very flat, which resulted in more ponding than movement. The water movement only occurred when there was sufficient head for the water to move. The water pump truck stopped discharging water at 1:53 pm, resulting in about 53 minutes of total pump time. On March 28, 2013 another test was conducted and the ground was moist and partially saturated from the 3/27 test. Water hit the 3/27 test 10 min water point at 7minutes and 25 seconds. The water pump stopped discharging water at 10:15 am, resulting in 15 minutes of pump time. The water hit the 3/27 test's final water movement point (after 45min) after only 20 minutes. The vegetation and dry soil passed the 3/27 test's 45 min point resulted in higher absorption and slower movement. The water stopped progressing at the 25 min mark. A little water moved passed that, but was absorbed into the ground almost immediately. Before Quarter Round After Installation Post Condition Test with Quarter Round The initial grass swale ground was very dry. Once the ground became saturated, the water entered the quarter rounds. This took approximately 2 minutes. The slope was very small, which resulted in more ponding than movement because the ground was very dry. Movement in the quarter round only occurred when there was sufficient water head (energy) to move the water, but once the water had more head (energy), it flowed freely on the plastic quarter round. The post testing was conducted twice since the original ground with new quarter round was significantly dryer than normal condition. A second test was conduct to reflect a more normal quarter round runoff and percolation conditions. Sebastian Stormwater Master Plan Update Page 45 71 of 131 NEEL- SCHAFFER Solutions you can build upon December 6, 2013 Dry Test Condition The water pump stopped discharging water at 1:20 pm, resulting in about 14 minutes of total pump time. Wet Test Condition The discharge of water began at 9:58 am on Tuesday, April 16, 2013 and ended at 10:15 am, resulting in 17 minutes of pump time. The ground was moist and saturated from the rain that occurred on April 14, 2013. (Amount of rain unknown.) Because of the saturation of the ground, the water entered the Quarter Round at 10:00 am or 2 minutes after the water was discharged. At the 5 minute mark, the water had traversed 82 feet which was 44 feet (38 feet mark) farther than the unsaturated test on April 1 P The water hit the 4/11 test's final water movement point after 13 minutes. Because the ground had been saturated from the rain on April 14, 2013, the water traveled quickly down the Quarter Round. It traveled 294 feet in 25 minutes before it came to a complete stop. The water was being absorbed the slower the water moved. The data collected from the four test sampling are tabulated on the chart below for the pre and post condition tests with the velocity, flow and distance traveled by the flow. It is noted that in both pre and post test samples, that the wet condition allowed for the flow of water to travel farther along the swale and quarter rounds. (See appendix for calculations) Based on the field testing, the storm water within the quarter round system traveled farther than water traveling on grass swales. This travel distance is based on the roughness coefficient of grass which is greater than the smooth surface of the plastic quarter round material. In addition, water is conveyed a distance farther than water on the grass swale with or without percolation. Therefore, the percolation rate for the quarter rounds is not equal, but considerably less than the percolation rate for grass swales. Base on the data collected, the water travels almost twice the distance in the quarter round system than on the grass swale from 134 feet (pre) to 294 feet (Post). Therefore, the quarter round system is conveying storm water with double the travel flow distance than grass swale. This means the storm water within the quarter round system is approximately twice as fast in flowing the runoff during peak storm events. Sebastian Stormwater Master Plan Update Page 46 72 of 131 y. ..^ Pre'Condition Test �ond:io e �, 01e to ' arch 27, 2Q13� March 28, 2013Apnll 01�3x U r 7 71 VeloCity 2.87 ft/min 4.48 ft/min 11 ft/min 11.8 ft/min� Flow 12.3 ft/sec 20.08 ft/sec 82.15 ft/sec 115 ft/sec Distance 129 ft — 48 min 134 ft — 30 min 222 ft — 20 min 294 ft — 25 min Based on the field testing, the storm water within the quarter round system traveled farther than water traveling on grass swales. This travel distance is based on the roughness coefficient of grass which is greater than the smooth surface of the plastic quarter round material. In addition, water is conveyed a distance farther than water on the grass swale with or without percolation. Therefore, the percolation rate for the quarter rounds is not equal, but considerably less than the percolation rate for grass swales. Base on the data collected, the water travels almost twice the distance in the quarter round system than on the grass swale from 134 feet (pre) to 294 feet (Post). Therefore, the quarter round system is conveying storm water with double the travel flow distance than grass swale. This means the storm water within the quarter round system is approximately twice as fast in flowing the runoff during peak storm events. Sebastian Stormwater Master Plan Update Page 46 72 of 131 NEEL- SCHAFFER 'Sotuuona )no can build upon 11 December 6, 2013 Quarter Round Map as of January, 2012 for City of Sebastian, Florida Sebastian Stormwater Master Plan Update Page 47 73 of 131 NEEL— SCHAFFER S.I—Jons you [an build upon 5. Conclusion and Findings December 6, 2013 Capital Stormwater Projects — Presented to City Council in February 2013 Stormwater Proiects • A - Indian River Drainage Improvement • B - Collier Canal Hardy Dam • C - Potomac Ave Lateral Pipe • D — Blossom/Wentworth Ditch Piping • E - Stonecrop Pipe /culverts (Bevan & Laconia) • 1 — Future South Area Basin • J — Southeast Dredge Basin • K — Tulip Pipe Replacement (culvert 42 "x72 ") • L — East/West Lateral Drainage Pipe • M — Tulip Detention Basin • N — George St. Canal Dredging 0 O — Rosebush Terrace Pipe — Twin 48" P — Landdowne Drive Pipe — Twin 36" Total Stormwater Improvements Annual Maintenance F — Replace CMP — Maintenance G — Quarter Rounds Installation H — Backyard Ditches Maintenance Total Stormwater Improvement Costs (per 2013) Construction Cost $2,000,000 $ 100,000 $ 200,000 $1,000,000 $1,000,000 $ 300,000 $ 500,000 $ 100,000 $ 500,000 $ 250,000 $2,500,000 $ 100,000 $ 100,000 $8,650,000 $ 200,000 $ 250,000 $1,000,000 $1,450,000 Sebastian Stormwater Master Plan Update Page 49 75 of 131 NEEL- SCHAFFER Soluslons You can build upon December 6, 2013 i! tf \� /�• ;\ ":�;` glaullnaoeaa WOOD n ,wwara�s��` i-tt N. 512 passwu„'a` 1;76. ACRES Gi110UOC 09MIa G11 ri I.�b�bl� r ANNUAL MI1t1ilEWUJCE 4 '- r aa.sc�n.aeeK . 1 _ 4 `\ 1 `! lam_ o.awma�mdt M.rlplriYm III plPtf r{UON f� S. CR 512 °rt 4,583 ACRES va crm mx�i t �i ji _HLIL. 11 a -. rwTea + S� r .. 2013 - STORMWATER MASTER PLAN n% NEEI- SCHAFFER DRAINAGE MAP �•�a"'•' -" ••" • �" `r-" SEBASTIAN. FLORIDA MIT HOME OF i'EItCAN IAAt�iD Sebastian Stormwater Master Plan Update Page 50 76 of 131 IOLNEEL-SCHAFFER "9936. mm S*lutions you can build upon Quarter Round Base "Wet" Tests and After Quarter Round Installation Results and Notes Prepared by: Neel-Shaffer March 28, 2013 April 11, 2013 29258 20'" Streel - Vero Beach, FL 32960 • phone 772-770-4707 • fax 772-770-4640 - www.neel-schaffer.com 77 of 131 March 27`h, 2013 First Quarter round base "wet" test: Total: 4,500 gallons of water sprayed at the corner of Warren Street and Spire Avenue, in front of 701 Spire Avenue. Total distance of water movement: I" discharge (3,000 gallons): 129' 0" 2nd discharge (1,500 gallons): 84' 6" Water Movement (from first discharge site): Time (min) Distance (feet) 10 49' 11" 15 69' 3" 20 98' P' 25 112'6" 30 115' 3" END OF 3,000 GAL. MOVEMENT 35 116'4" 40 121'1" 45 129' 0" END OF ADDITIONAL 1,500 GAL. MOVEMENT Percolation Rate = Amount of water (gal) / Percolation time (min): 4,500 gallons / 45min = 100 gal/min Velocity = Distance (ft) / Time (min): 129 ft / 45 min= 2.87 ft/min Area (sf) = Width x Length 2' X 129' = 258 sf (square feet) Flow Rate = Area (sf) x Velocity ( ft/min): 258 sf x 2.87 ft/min = 740.46 cf (cubic feet) /min NOTES: Slope was very small, which resulted in more ponding than movement. Movement only occurred when there was more head to the water. Water pump stopped discharging water at 1:53 pm, resulting in about 53 minutes of total pump time. 2 HL NEEL— SCHAFF0Z ® Sofu.17 Iou 4..110 ..PO.. 78 of 131 March 28tb, 2013 Second Quarter round base "wet" test: Total: 3,000 gallons of water sprayed at the corner of Warren Street and Spire Avenue, in front of 701 Spire Avenue. Total distance of water movement: From discharge point to end movement point: 134' 6 ". Water Movement (from discharge site): Time (min) Distance (feet) 10 62' 9" 15 98' 3" 20 129' 4" 25 134' 0" "Water movement stopped here 30 134' 6" END OF 3,000 GAL. MOVEMENT Percolation Rate = Amount of water (gal) / Percolation time (min): 3,000 gallons / 30 min = 100 gal /min Velocity = Distance (ft) / Time (min): 134.5 ft / 30 min= 4.48 ft/min Area (sf)= W x L 2 X 134.5 = 269 sf Flow Rate = Area (sf) x Velocity (ft/min): 269 sf x 4.48 ft/min = 1205.1 cf /min NOTES: The ground will be moist and partially saturated from the 3/27 test. Water hit the 3/27 test 10 min water point at 7minutes and 25 seconds. Water pump stopped discharging water at 10:15 am, resulting in 15 minutes of pump time The water hit the 3/27 test's final water movement point (after 45min) after only 20 minutes. The vegetation and dry soil passed the 3/27 test's 45 min point resulted in higher absorption and slower movement. The water stopped progressing at the 25 min mark. A little water moved passed that, but was absorbed into the ground almost immediately. 3 BLNEEL— SCHAFFER ® 3olu.luna v . L..Itd upur. 79 of 131 April 11th, 2013 First Quarter round base test with quarter round installed: Total: 3,000 gallons of water sprayed at the corner of Warren Street and Spire Avenue, in front of 701 Spire Avenue. Total distance of water movement: Discharge (3,000 gallons): 222' Water Movement: Time (min) Distance (feet) 5 38' 10 111' 15 174' 20 222' Percolation Rate = Amount of water (gal) / Percolation time (min): 3,000 gallons / 30 min =100 gal/min Velocity = Distance (ft) / Time (min): 222 ft / 20 min = 11.1 ft/min Area (sf) = W x L Area = 222' x 2' = 444 sf Flow Rate = Area x Velocity ( ft/min): 444 sf x 11.1 ft/min = 4928.4 cf /min NOTES: Quarter rounds were installed. (A quarter round is a piece of plastic piping with wholes for percolation cut into quarters and installed in a swale.) The ground was very dry. Once the ground became saturated, the water entered the quarter rounds. This took approximately 2 minutes. The slope was very small, which resulted in more ponding than movement because the ground was very dry. Movement in the quarter round only occurred when there was more head to the water but once the water had more head, it flowed freely on the plastic quarter round. The water pump stopped discharging water at 1:20 pm, resulting in about 14 minutes of total pump time. 4 hL NEEL— SCHAFFER 80 of 131 FA AGENDA TRANSMITTAL Subject: $1,317,232 Agenda No. $1,501,987 Presidential Street Project Tim Rose Construction Agreement $1,535,793 Department Origin: Q11y Ma gage Administrative Srvc• $1,837,340 Ranger Construction City Attorney: Aor Submittal by: City Clerk: Date Submitted: 9 DEC 13 inn r, City Manager For Agenda Of: 11 DEC 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: 1 APPROPRIATION REQUIRED: $890,702 $795,702 $95,000 SUMMARY On December 2, 2013, the City received construction bids from five companies to build the "Presidential Street Project'. The project bid included improvements for Washington, Martin, Cleveland and Coolidge Streets, as well as drainage improvements throughout the corridor. The bids were as follows: COMPANY TOTAL PROJECT BID Tim Rose Construction $1,317,232 Mancil's Tractor $1,501,987 Dickerson $1,535,793 JoBear Contracting $1,837,340 Ranger Construction $2,454,870 At this time, there is $795,702 available for project construction from the following revenue sources: F CRA DEP Grant AMOUNT $277,782 $90,000 Obviously, there is a budget shortfall. The discrepancy between the engineering estimate and construction bids is explained as follows: 81 of 131 1. The Cleveland bid yielded higher costs for (1) Mobilization ($30,000); (2) drainage ($150,000) and Landscape /Lighting ($50,000). In total these improvements were $230,000 over estimate. 2. The Washington bid yielded higher costs for (1) Mobilization ($25,000); (2) Paving /Concrete ($15,000); (3) Drainage ($40,000); and, (4) Landscape /Lighting ($30,000). In total these improvements were $110,000 over budget. 3. The Martin bid yielded higher costs for paving ($15,000). 4. The Coolidge did yielded higher costs for (1) Mobilization ($42,000); (2) drainage ($25,000); and, (3) Landscape/lighting by ($80,000). IN total these improvements were $147,000 over estimate. For all these project components, these estimates equal a total overage of $502,000 — Summarized below PROJECT PART I ENGINEER ESTIMATE I BID n, Martin, Cleveland I $683,000 I $1,041,949 Coolidge $350,000 $460,037 MOVING FORWARD To complete these project, attached is a spreadsheet which indicates the important project aspects that should remain and those that can be removed. Essentially, staff recommends (1) delaying construct of Coolidge Street Improvements; (2) eliminating slip lining; and, (3) change concrete to plastic pipe. However, additional aspects needed to properly complete the project are (1) Washington Street Outfall Engineering; (2) CTI Construction Inspection; and, (3) Contingency funds. By making this adjustments Washington, Martin and Cleveland Street can be completed as designed and reviewed by Council in an amount of approximately $890,702. The budget adjustment required is $95,000. RECOMMENDATION Staff recommends the following action: 1. Authorize the City Manager to execute a construction agreement with Tim Rose Construction for the unit quantities provided in the bid documents; 2. Close the FY 13 "CavCorp Project" in the CRA Fund and reallocate the remaining funds ($277,782) to the Presidential Street Project 3. Approve an additional $95,000 in funding for the Presidential Street Project from unallocated DST Funds. 82 of 131 TIM ROSE CONSTRUCTION BID DST Fund Allocation DEP Grant 427,920.00 I ADDITIONAL FUNDS REQUIRED — 1 (94,862=18) Delay Coolidge 367,099.00 83 of 131 Maintenance of Traffic 24,678.00 Mobilization 46,792.00 Site Preparation 41,265.75 Roadway and Concrete 175,252.00 Drainage 242,856.50 Landscaping and Lighting 56,350.00 Signage, Striping and Ramps 4,164.00 SUBTOTAL 590,258.26 'ITT Maintenance of Traffic 6,600.00 Mobilization 39,012.00 Site Preparation 22,529.00 Roadway and Concrete 89,202.30 Drainage 111,960.50 Landscaping and Lighting 29,587.50 Signage, Striping and Ramps 3,632.00 SUBTOTAL 302,523.30 Maintenance of Traffic 4,344.00 Mobilization 12,465.00 Site Preparation 5,400.00 Paving/Grading 32,892.00 Drainage 1,500.00 Signage and Striping 750.00 SUBTOTAL 57 351.00 SUBTOTAL PRESIDENTIAL STREETS 950,132.55 Less Slip Lining (88,000.00) Less Concrete to Plastic (31,000.00) Plus Washington Outfall Engineering 7,500.00 Plus CTI Inspection 10,000.00 Plus Pro ject Contingency 41,931.63 TOTAL PROJECT COST - ADJUSTED 1$ 890,564.18 DST Fund Allocation DEP Grant 427,920.00 I ADDITIONAL FUNDS REQUIRED — 1 (94,862=18) Delay Coolidge 367,099.00 83 of 131 "Presidential Streets — Roadway and Drainage Improvements" Bid Due: No Later Than 2:00 P.M. on Wednesday. November 13, 2013 Bid Ouenine: Beginning at 2:00 PAL on Wednesday. November 13, 2013 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, 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 is (are) inclusive of any Addenda which may have been issued prior to this submittal. 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. The construction bid items for this project is listed on the following page to be completed and submitted as part of the bid documents. The City has the right to award this project based on the total bid estimate and other factors to be considered by the city. NOTE: VENDOR WARRANTS TOTAL CONTRACT TIME SHALL NOT EXCEED 180 CONSECUTIVE CALENDAR DAYS. MO-Tvt tc 0 Name of Firm (Please Type to ' t) 13(0 ig Firm's Address: 0 3acl lo a 1119 --6 14 `i 8 00 '7'? A— 564 — g A 8 $ VOLO Se �C s- - K e,+ Telephone Numba(s- Fax Number(s� Email Address (eat i o se Name and Title of tative (Please Type or Print) Signature of authorized Representative Date signed Complete and submitted Bid Sheets A, B and C on the following pages and provide totals for each bid item below: 1. Cleveland Street Bid List A $ lip I t 50 2. Washington Street Bid List B $ , (00 3. Martin Avenue Bid List C $ 3, 0p Total Bid Fee P•1 84 of 131 Cleveland Street - Bid Item List - Sheet A 11.21 -2013 Addandutn No.3 DESCRIPTION Units Coat Quantity AMOUNT General Maintenance of Traffic Mobilization Subtotal Gonaral 1. Site Preparation Clearing and Orubbing Remove and Dispose Ex. Curb Remove and Dispose Ex. Asphalt - Roadway & Driveways Remove and Dispose Ex. Concrete Remove and Dispose Ex. Trees Relocate Ex. Sewer Valves Relocate Ex. Water Meter Relocate Ex. Guy Wire Power Pole to be relocated Relocate Ex. Gate Posts with Chain Relocate Sewer Box Relocate Ex. Mailbox Relocate Ex. Signs Dernuck Ex. Swale Prior to Pipe Installation Remove and Dispose Ex. Structure Remove and Dispose Ex. Drainage Pipe Remove and Replace Ex. Driveways for Pipe Installation Subtotal I. Site Preparation 11. Roadway and concrete Sawout Ex. Driveways Install 2' SP 9.5 Asphalt Pavement Install 8' Base Compacted coquina rock Install 12' Type B Stabilized Subgrade Install Type 'F' Curb Install Type -D' Curb Install Type 'D1' Modl led Curb Install Miami Curb Install Stamped Concrete Brick Pattern 6' Subgrade (compacted to min. 88% max) for W Install 8' thick concrete driveways Install 4" thick concrete sidewalk Subtotal U. Roadway and Concrete M. Drainage Install Silt Fence Install SUt Fence Inlet Protection Install 24' Reinforced Concrete Pipe (RCP) Install 19'x 30' ERCP lnstaU 30' RCP Install Miami Curb Wat Install Shallow Drainage Areas (Sod) Install Type 9 Wet Install Type 'D' Box wlManhole Indian River Drive Install Type 'D' Box wlGrate Top Install Type 'H' Box wlGrate Top Up Line Eiata 48' pipe Install Nutrient Baffle Box Subtotal UI. Drainage IV. landscaping and Lighting Install New Treas Install Irrigation System (see setieanatie layout) Sod Disturbed Areas Install Pedestrian LtghtIng (foundatlon, conduits, wiring, etc.) Subtotal IV. Landscaping and Lighting V ;Slgnage. SU4&9 and Ramps . Install 6' Double Yellow Striping htstaU 6' white seed striping for pinking Install Stop Bar Crhermo plastic) Install ADA Ramps with Tuncated domes Subtotal V. Slgnago, Striping and Ramps LS LS AC LF SY SY EA EA LS EA EA EA EA EA EA L5 EA LF SF LF TN BY SY LF LF LF LF SF SY SY SY LF LF LF LF LF EA LS EA EA EA EA LF EA EA LS SY EA LF LF EA EA Cy 1 1 Subtotal 1.06 1067 1627 606 38 6 2 1 1 2 3 3 4 1 s 340 812 Subtotal 240 200 2200 2200 210 S40 380 980 6400 632 336 692 Subtotal 1,760 60 680 60 480 6 3 2 1 6 1 320 1 Subtotal 18 1 3300 10 Subtotal 646 620 2 2 Subtotal . 3 O O O .2 UY3 S114V 10 j c3 a. t 50 1A O AAO ITOTAL BID FEE TOTAL n.r 85 of 131 Washington Street - Bid hem List - Sheet B 11 -21 -2013 Addendum No.3 DESCRIPTION Units UNITS cluantilty AMOUNT General Maintenance of Traffic Mobilization Subtotal General I. Site Preparation Clearing and Grubbing Remove and Dispose Ex. Curb Remove & Dispose Ex. Asphalt & Concrete - Roadway & DW's Remove Ex. Pipe Remove and Dispose Ex. Box Structure and Pipe Adjust Ex. Water Box wlTrafflc Lid: Remove and Relocate Ex. WPP and Street Light Relocate Water Mains Remove Ex. Headwall Subtotal 1. Site Preparation 11. Roadway and Concrete Sawcut Ex. Driveways Install 2" SP 9.6 Asphalt Pavement Install 8" Base Compacted Coquina Rock Install 12" Type B Stabilized Subgrade Install Type 'F' Curb Install Type 'D' Curb Install Type 'D1' Modified Curb Install Miami Curb Install Stamped Concrete Brick Pattern 6" Subgrade (compacted to min. 98% max) for S/W Install 4" Thick Concrete Sidewalk Install 6" Thick Concrete Driveways Subtotal II. Roadway and Concrete Ill. Drainage Install Silt Fence Install Silt Fence Inlet Protection Install 24" Reinforced Concrete Pipe (RCPT Y e Iff Install Miami Curb Inlet ~^ Install Shallow Drainage Areas Install Type 'D' Structure with Manhole Install Type 'D' Structure with Grate (Indian River Dr) Install Nutrient Baffle Box Install Type '9' Inlet Box Subtotal W. Drainage IV. Landscaping and Ughting Install Now Trees Install Indgatlon (see schemtic layout) Install Pedestrian Lighting (foundation, conduits, wiring, etc) Sod Disturbed Areas Subtotal IV. Landscaping and Ughting V. SIgnage, Striping and Ramps Install 6' Double Yellow Striping Install 6" Solid White Striping For Parking Install Stop Bar (thermo plastic) Install ADA Ramps with Truncated Domes Subtotal V. SIgnage, Striping and Ramps LS LS AC LF SY LF EA EA EA EA EA LF TN SY SY LF LF LF LF SF SY SY SY LF LF LF EA EA EA FA EA EA EA LS EA SY LF LF EA EA 1 1 Subtotal 1.20 954 1060 194 3 2 2 2 1 Subtotal 205 105 1082 1082 170 660 116 500 4230 210 175 162 Subtotal 490 60 480 .l 4 i 2 2 3 1 1 Subtotal 8 1 6 770 Subtotal 265 420 2 2 Subtotal . bz>o AM LONO (MV . to % A17 Ab, 0 /0166 / t 4.`O �' O TOTAL BID FEE TOTAL ,il.k, 86 of 131 Martin Avenue - Bid Item List - Sheet C 11 -21 -2013 Addendum No.3 DESCRIPTION Units Cost Quantity AMOUNT General Maintenance of Traffic Mobilization Subtotal General 1. Site Preparation Sawcutt Ex. Pavement Remove Ex. Asphalt Subtotal 1. Site Preparation II. Paving /Grading Install 2" SP 9.5 Asphalt Pavement Install 8" Base Compacted Coquina Rock Install 11' Type B Stablized Subbase Subtotal 11. Paving /Grading III. Drainage Install Concrete Drainage Flume Subtotal Ill. Drainage IV. Signage and Striping Install Stop Bar lthermo plastic) Subtotal IV. Signage and Striping LS LS LF SY TN SY SY LS EA 1 1 Subtotal 170 1030 Subtotal 140 1030 1030 Subtotal 1 Subtotal 2 Subtotal / _ h�S %5 TOTAL BID FEE TOTAL P-4 87 of 131 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of , 2013, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, and ( "City") and ("Contractor.') authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services necessary to complete the Project hereunder; and, WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and, WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement to (PROVIDE AND INSTALL "ROADWAY AND DRAINAGE IMPROVEMENTS FOR CLEVELAND STREET, MARTIN AVENUE, AND WASHINGTON STREET" PER PLANS AND SPECIFICATIONS). This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereon or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. A-6 88 of 131 2.1 INTENT The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2A CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be, governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. A -7 89 of 131 3.0 DEFINITION OF TERMS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (re: bid document A modification of the plans or other contract documents issued by the City and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.4 AGREEMENT A written agreement between the Contractor and the City defining in detail the work to be performed. The words Agreement and Contract are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to -date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE Bid Bond or Proposal Guarantee will be required. for this project. A-8 90 of 131 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 CHANGE ORDER A written order issued to the Contractor by the City covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, and/or to cover adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 DIRECTED ORDERED, APPROVED & ETC. Wherever in the Agreement Document the words "directed ", "ordered ", "approved ", "permitted ", "acceptable ", or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as the Engineer -of- Record. For this project the Engineer of Record is the consultant engineer from Neel- Schaffer, Inc. The City may designate a staff member as the Resident Engineer who is not licensed. 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3_.15 INSPECTOR A duly authorized representative of the City assigned to make official inspections of the 'materials furnished and of the work performed by the Contractor. 3.16 LABORATORY ray 91 of 131 Any licensed and qualified independent laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, no performance or payment bonds for this project. 3.19 PLANS The official, approved engineering plans, including reproduction thereof, showing the location, design character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An Individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. A -10 92 of 131 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractors Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and Is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK, (The) or PROJECT. (The) The public improvement contemplated in the Plans and Specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specifications and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. R -1! 93 of 131 ARTICLE II - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.I INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and govern. 4.3 DISCREPANCIES IN PLAN Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The Engineer shall promptly determine the validity and 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 or errors or omissions in Plans and Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by the Engineer. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. A -12 94 of 131 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as- built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re- testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. 4.7 SHOP DRAWINGS The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Plans and Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Five (5) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return two (2) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. A -l3 95 of 131 (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit five (5) copies to the City. (d) Two (2) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 QUALITY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL below. The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 4.9 EQUIPMENT APPROVAL DATA The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for A -!4 96 of 131 connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF EOUIPMENT AND /OR MATERIAL After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if: (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one -third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. A -IS 97 of 131 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal or superior quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials'and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized'for storage purposes without special prior arrangement. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform -to the requirements of the Contract Documents, are not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re- executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 SKILL AND CHARACTER OF WORKERS A -16 98 of 131 All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger 'the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under Engineer's surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. 5.9 GUARANTEE A -17 99 of 131 The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (l) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. All construction staking surveys shall be included in the contractors total bid fee. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point ", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all contract items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and, furnished to the Engineer with the record drawings for the Project. 6,S SPECIFIC STAKING REQUIREMENTS A -18 100 of 131 Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. For construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 COORDINATION WITH CITY The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences A -19 101 of 131 and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 73 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract Agreement and any Addenda or Change Orders thereto. The contract time is 180 consecutive calendar days from start of work date. 7A SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE A -10 102 of 131 The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and expeditious progress of work. The City shall hold a pre - construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 PROPERTY OF OTHE S A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right -of -way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re- install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construction of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EXISTING_UTILUI Ste/ N "FCILITIES All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress of the Work, provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be bome by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to famish evidence of compliance with conditions of the permit from the proper authority before feral acceptance of the Work by City. Road closures are governed by Paragraph 8.3. A -21 103 of 131 7.9 CHANGES IN THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an 'Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation A -Id 104 of 131 of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractoes remaining contractual obligations. 7.12 LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of one hundred dollars !$1001 ner day beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers -by. The plan shall describe measures and precautions to be taken during working hours and non - working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and /or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. R -23 105 of 131 The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan that will adequately protect all property and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. 8.2 TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be in strict accordance with SECTION 142, MAINTENANCE OF TRAFFIC, in the Florida Dept of Transportation (FDOT) Std. The State ofFlorlda Manual of Tna c Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Spec cations for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel lanes including the cross street intersections will not be permitted without specific authorization of the City. No streets or sidewalks shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre - approved with signed and sealed Maintains of Traffic (MOT) plans per standard FDOT prior to closing. "Street Closed to through Traffic' signs and "Detoum" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. A -24 106 of 131 On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Trek Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning signs are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EOUIPMENT The Contractor shall not leave construction equipment parked in front of commercial or on a residential/commercial lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental-Protection, and St. Johns-River Water Management District. A - ?S 107 of 131 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.10 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 POLLUTION. SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of A -a6 108 of 131 solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District and the applicable NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. Mh 109 of 131 ARTICLE III - Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2_ ENGINEER'S DECISION All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 93 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be A -28 110 of 131 complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shal I be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract' Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. A -19 111 of 131 (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. 9.10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by . the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 9.14 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a A -30 112 of 131 definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 NIGHT, SATURDAY AND /OR SUNDAY WORK No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non - execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the A -3/ 113 of 131 Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection ". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of m request for payment the City shall do one of the following: A -32 114 of 131 X491 Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 Informing the Contractor in writing of the reasons for withholding payment. 10.4 CITY`S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other Items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. A -33 115 of 131 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re- execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re- execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten ( l 0) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set -off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Chan we Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. A -34 116 of 131 B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 10.8 CANCELED ITEMS OF WORK The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work ", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost Qf completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its A -3S 117 of 131 Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractoes default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OFCONTRACTOWS RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (iNTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials - and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. A -36 118 of 131 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it 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 it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working _solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full .amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects such person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions. 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services 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 ur}dertake any professional work which conflicts with its duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably A -37 119 of 131 anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG -FREE WORKPLACE The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85 -624), The Safe Water Drinking Act Section 1424(e) (PL 93 -523, as amended), The Wild and Scenic Rivers Act (PL 90 -542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89 -754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88 -352), The Age Discrimination Act (PL 94 -135), Section 13 of The Federal Water Pollution Control Act (PL 92 -500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101 -336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance. company selected shall be A+ or better per the Best's Key Rating Guide.. The Contractor and the insurance company(s) shall agree to famish the City thirty (30) days written notice of their intent A -38 120 of 131 to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub- contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until Contractor has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured parry, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD). Contractor shall secure a building permit if required by the City's Building Official. 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to famishing services under this Agreement shall constitute a material breach of this Agreement The Contractor shall keep fully Informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and- Engineer, their officers, -employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees. A -39 121 of 131 All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 TIME 1S OF VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in -the United States or in any other country. The City or its A-40 122 of 131 assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. A-4! 123 of 131 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Sally A. Maio MMC (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert Ginsburg, City Attorney Signed, sealed and delivered in the presence of: NAME: NAME: THE CITY OF SEBASTIAN Name: AI Minner Title: City Manager CONTRACTOR A-42 0 Name: Title: 124 of 131 Date: Governor Rick Scott Executive Office of Governor Rick Scott 400 S. Monroe Street Tallahassee, FL 32399 Dear Governor Scott: As you are aware, the Department of Children and Families performed a survey over the summer regarding the feasibility of registering sober homes. This was done pursuant to the 2013 -2014 General Appropriations Act. As an elected official representing the undersigned city, I urge you to support regulation of Recovery Residences /Sober Houses in the form of state -wide licensing /registration for the following reasons: 1- To create "s " consistent " standard of" "to =be - applied consistently throughout the state. 2. To provide for accountability for the owners /operators of these homes. 3. To help end abuses that are occurring in some of the homes (i.e. House for Women operated by a registered sexual offender; multi= family residence owned and operated by same person as owner of bar -it is attached to; insurance fraud; patient brokering; etc.). 4. To require background checks for owners /operators of the homes in order to help end the abuses as referenced in paragraph 3 above. These background checks would be similar to those already required for the owners /operators of the following types of homes /facilities: a. Addictions Receiving Facility; b. Day or Night Treatment; C. Day or Night Treatment with Community Housing; d. Detoxification; e. Intensive Inpatient Treatment; f. Intensive Outpatient Treatment; g. Medication - Assisted treatment for opiate addiction; h. Outpatient Treatment; 125 of 131 Page 2 Residential Treatment; j. Facilities that provide Intervention services; and k. Facilities that provide prevention services Pursuant to §§ 397.311(18) and 397.403, Fla. Stat as well as I. Assisted Living Facilities; M. Adult Family -Care Homes; n. Adult Day Care Centers Pursuant to §§ 429.174, 429.67, 429.919, Fla. Stat,, and a. Service Providers for the Department of Elderly Affairs; and p. Community Residential Homes pursuant to Chapter 419, Fla. Stat to name just a few. 5. To ensure that certain life safety standards are followed in order to keep the residents -safe in the event of a fire .(similar to the requirements for the homes/facilities referenced in Paragraph 5,above). 6. The 'Community Housing" aspect of "Day or Night Treatment with-Comm unity Housing" is already licensed by the Department of Children and Families pursuant to § `397. 111(18)(613, Fla. Stat., and the only differenpe;;betwee fie licensed facilities referenced in this statute and unlicensed sober homes is that the: "Comtnunity.HQgsing" facility which, is nothing more _than:a residence for .persons. in recovery is owned and /or operated -by the same person or entity that.. owns and .operates .the "Day or Night Treatment Facility", even though no treatment. is provided. in the "Community Housing ",home, whereas a Sober House .(again- nothing ..more than a residence for persons -in recovery) may be owned or operated by anyone and is not directly affiliated with .the treatment facility. Thank you very much for supporting the Cities of Florida. Sincerely, (Signature) (Print Name) (Title) (Municipality) 126 of 131 • i • y 1� AGENDA TRANSMITTAL Subject: Agenda No. Workforce Solutions Agreement Department Origin: City Manager Administrative Srvc: v r Submittal ittal by: City Attorney: City Clerk: Manager Date Submitted: 9 DEC 13 For Agenda Of: 11 DEC 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 1 $0 $0 $0 SUMMARY Through a partnership with Workforce Solutions, the City has opportunity to bring volunteer help to several city departments. By executing this agreement, the City will be able to help provide job experience to individuals at no cost to the City. Targeted departments are Public Works and Police Department Administration. RECOMMENDATION Provide authorization to City Manager to execute Workforce Solutions agreement. 127 of 131 PIMI-11 �"*Ty WIA YOUTH CONNECTION EMPLOYMENT PROGRAM WORKSITE AGREEMENT Henkels & McCoy Youth Connections is the Sub - Contractor provider for WORKFORCE SOLUTIONS (WS) as the Regional Workforce Development Board and, Who's address is: , hereinafter referred to as the Company, agree to the following terms of this Agreement. J. Program Overvlew The Workforce Investment Act (WIA) Youth Employment Program shall consist of paid work experience, wherein a participant referred by WS to the Company is Introduced to age appropriate activities with the rigors, demands, rewards, and sanctions associated with holding a job reinforced during the program. Under the guidance and supervision of the Company and In accordance with the work experience description attached hereto, the participant should be provided meaningful work experience that will help them to receive the training and experience that is required to be successful in the job. It Is understood by WS and the Company that no legal employer -employee relationship 1s created or exists between the Company and the participant. 2. Period of Amwen This work site agreement shall begin on and expires June 30th, 2014. No participant shall begin training until this Agreement Is fully executed by both the Company and WS. 3. Work Experience j?eriod andand Lrmifn *lnne Participants may work up to 15-30 hours /week and earn a stipend based off accomplished goals /tasks for each work experience training. Each participant may work for no longer than their planned training hours or for a six week period, whichever occurs first 4. Responsibilities of Company The following are responsibilities of the Company. The Company accepts and agrees that It shall: A. make available suitable work experiences) at its worksite(s) and In the respective occupation(s) described in the work experience description(s) attached and hereby made a part of this agreement, for those eligible WS participants who are sefected and referred to the Company by WS. B. notify WS immediately if any participant referred by WS would be directly supervised by a member of that person's immediate family. C. assign worthwhile and meaningful training to participants during the entire time they are at the work site In accordance with the approved work experience description(s). Duties other than those in the attached approved work experience descriptions) must be predetermined and mutually agreed upon by the Company and WS. D. direct and supervise participants' work activities and training in accordance with their work experience description(s). E. assure that It will have supervisory personnel who will act as work site supervisors for each of the Company's work sites so as to provide for continuous on -site supervision and training of participants at a ratio of staff to particfpant(s) of no more than 1:5. F. orient and train their work site Supervisory. personnel including any alternate staff directly responsible for the supervision of participants as to the Company's responsibilities and obligations under this Agreement. G. notify WS Immediately of any temporary and /or ongoing changes In the designation of personnel who will be supervising the participant(s). 14 128 of 131 . � I H. be accountable for maintaining WS participant attendance logs and goal accomplishment sheet, supervising the proper completion of logs /sheets by each participant, approving participant attendance log/goal accomplishment sheets If all the prior requirements are met, and submitting these "sheets' in a timely manner in accordance with HM payroll procedures. 1. require participants' conformance with the Company's Personnel Rules of Conduct such as dress code, office etiquette, etc. J. ensure that all sites where participants will be assigned are sanitary and safe, drug-free environments in accordance with health and safety standards established by State and Federal law. K. ensure that all required safety supplies and equipment are used In the proper manner for the Intended use and In accordance with all laws, Including child labor laws where applicable. L, conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. M. Inform WS immediately should an accident or Injury occur at the work site affecting or involving a participant and require the participant to complete a first report of injury form. N. notify WS by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 clock hours of when the problem Is identified. 0. not discriminate against any participant or potential participant because of race, color, religion, sex, sexual orientations, national origin, age, disability, political affiliation or belief, creed or marital status. P. ensure that participants receive fair and Impartial treatment and that participants shall not be subjected to harassment of any type or form. Q. ensure that the following general working conditions are complied with: Z) this work experience position(s) shall not result In the displacement of current employees; 2) there shall be no partial displacement (reduction of hours worked, wages or employment benefits) of currently employed workers nor replacement of laid -off workers by the work experience participant(s); 3) there shall be no infringement of promotional opportunitles for regular employees; and 4) participants shall receive comparable working conditions and non - payroll benefits such as rest breaks, lunch, etc. as other current employees; R. ensure that participants will not be employed in the building, operating, or maintaining of any part of any building which Is used for sectarian Instruction or as a place of worship. S. ensure that this agreement will not impair existing contracts for services or a collective bargaining agreement between the Company and other parties, nor will this agreement assist, promote or deter union organization. T. ensure that a work experience participant under this agreement will not assist with political or lobbying activities or any activity designed to Influence legislation or appropriation pending before the Congress of the United States. U. not subcontract, assign or transfer any rights or responsibliitles under this agreement or any portion thereof without the prior written approval of HM/WS. V. maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration of this Agreement Records and files shall include, but not be limited to, time and attendance sheets, supervisor assignments, this Agreement, etc. W. monitor to ensure that all participants at all work sites are only performing work activities as identified in the work experience description attached hereto and that the Company is complying with this Agreement The Company shall notify HM of any changes to the required training hours, work experience description, and /or if the training has been completed and the training needs to end. X Immediately advise HM/WS In writing of any actions, suits, claims or grievances filed against the Company, HM/WS/WCF, State of Florida, federal officials or participants that In any way relates to this Agreement Y. allow HM/WS, the Governor of the State of Florida, or any of its agents and /or subcontractors, and the US Department of Equal Opportunity Employer /Program, qux2Tiary aids and services are available upon request to individuals with disabU ties. Ali yoke telephone 15 numbers in this document may be reached by persons using TTY/rDD equipment via the Fiorlda Relay servim at 711 129 of 131 Labor (DOL) access to the Company's work site(s) at all reasonable hours for such purposes as monitoring the program, counseling the participants, etc. Z adhere to all employment and applicable child labor laws. See http://WWW.yQtdhruies.dol.gov/ and htto: / /www_osha_Myteens for details on child labor laws. AA. To the extent required by law maintain the confidentiality of any information regarding participants or their immediate families which may be obtained from forms, discussions or other sources. Without permission of the participant, such information shall be divulged only as necessary for purposes related to the performance of this Agreement. BB. consider all work experience participants for any unsubsidized job openings which may occur with the Company, if participants meet the necessary qualifications for the openings. -5 Hesnonsibiliti of HM j WS HM accepts and agrees that it shall A. recruit, select and refer participants) eligible for this work experience program to the Company. B. assist the worksite supervisor in resolving any problems concerning the participants' performance on the work experience. C. hear all grievances concerning program participant's performance at the worksite In accordance with HM/WS participant grievance procedures. D. provide counseling and supportive services to participants as the need Is identified and budget allows. E. collect attendance logs /goals accomplished sheet and be responsible for distributing participant paychecks dependent on Company's timely submission of properly completed and signed timesheets. F. HM/WS shall be responsible for paying participants for all actual training received, and providing Workers' Compensation coverage for all participants. Note, no fringe benefits or holiday pay is provided to these temporary youth workers. G. monitor the activities under this Agreement at the work site(s) at reasonable hours and as frequently as the authorized representatives of HM may deem necessary in order to assure the work experience Is constructive for the participant and that all provisions of this Agreement are being carried out. Require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Company at the time of the removal. This action may be taken when HM/WS, the Governor of the State of Florida, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where HM/WS, the Governor of the State of Florida or DOL find noncompliance on any of the terms or conditions under this Agreement H. Furnish the Company with copies of all procedures, forms, etc. which it deems necessary for the proper conduct by the Company. 6, Hold HarmLen Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall Indemnify and hold harmless each other, Its officers, officials, and employees from and against all claims and liabilities of any nature or kind, Including costs and expenses for or on account of any claims, damages, losses, or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein. In agreeing to provide direction, training and supervision of the participant, the Company understands that this does not make WS /HM liable to the Company or any third party by reason of any future act or failure to act by any participant on or off the worksite. This agreement may be modified or amended as necessary by the issuance of a written modification, signed and dated by both parties. The modified or amended agreement Is non - binding until signed by all parties. $. Termination This Agreement may be terminated as follows: A. HM/WS or the Company may terminate the Agreement for convenience upon ten- (10) business days prior written notice to the other party. B. HM /WS may terminate this Agreement in whole or in part at any time and without notification when the WS CEO, in his/her sole Judgment determines that: 1) the Company has failed to comply with any of the provisions contained in this Agreement or any modification hereto, Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to Individuals with disabilities. All volce telephone 16 numbers in this document may be reached by persons using Try/rDD equipment via the Florida Relay Service at 711 130 of 131 I . i . i i i 2) the Company faiis to perform in whole or In part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by HM/WS; or 3) Should unforeseen circumstances arise affecting the well being or safety of the youth participant, the youth may be removed from the worksite. 4) the United States Department of Labor or State of Florida falls to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement Is written. Other than as provided herein, notice shall be required to be given to HM under this Agreement, and shall be sufficient when hand delivered or mailed to HM at its office at 584 NW University Blvd. Suite 300, Port St. Lucie, FL 34986, Area Manager. All notices required to be given to the Company under this Agreement shall be sufficient when hand delivered or mailed to the Company at its office located at the address identified In paragraph one, page one of this Agreement. 10. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled, and Interpreted according to the laws of the State of Florida. 9. Notice IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Employer Signature Typed Title Date Phone Email HENKELS & MCCOY YOUTH CONNECTIONS Authorized RepreserttattwSignature Date Phone Email Equal Opportunity Employer /Program. Auxiliary aids and services are available upon request to Individuals with disabliitles. All voice telephone 17 numbers In this document may be reached by persons using TiY/TOD equlpment via the Florida Relay Service at 711 131 of 131