County Commission Agenda 10/07/08

October 7, 2008 Page 1 of 7

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Sandra L. Bowden, Chairman District 5 Joseph A. Baird, County AdministratorWesley S. Davis, Vice Chairman District 1 William G. Collins II, County AttorneyJoseph E. Flescher District 2 Jeffrey K. Barton, Clerk to the BoardPeter D. O’Bryan District 4 Gary C. Wheeler District 3

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Commissioner Wesley S. Davis

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph E. Flescher

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Designating October 5 – 11, 2008 as Indian River County Fire Prevention Week 1

B. Presentation of Proclamation Designating the Month of October as Residents’ Rights Month 2

County Commission Chamber Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, OCTOBER 7, 2008 - 9:00 A.M.


5. PROCLAMATIONS and PRESENTATIONS PAGE

C. Presentation by Dr. Edwin Massey, President, Indian River State College

6. APPROVAL OF MINUTES

A. Regular Meeting of August 12, 2008

B. Regular Meeting of August 19, 2008

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT

REQUIRING BOARD ACTION

None

8. CONSENT AGENDA

A. Approval of Warrants and Wires – Sept 12 to Sept 18, 2008

(memorandum dated September 18, 2008) 3-10 B. Approval of Warrants and Wires – Sept 19 to Sept 25, 2008

(memorandum dated September 25, 2008) 11-20 C. Isles at Waterway Village PD – Plats 1A and 1B, Request for Sidewalk

Extensions, Developer: DiVosta Homes, L.P. (memorandum dated September 30, 2008) 21-30

D. American Cancer Society “Making Strides Against Breast Cancer Walk”

(memorandum dated September 30, 2008) 31-33

E. Resolution in Support of Amendment 6 – Proposed Constitutional Amendment for Working Waterfront Properties (memorandum dated October 1, 2008) 34-36

F. Elwill Associates Inc. Stormwater Retention Pond, Oslo Road Improvements

Phase II (memorandum dated September 17, 2008) 37-53

G. Approval of Final Invoice and Release of Retainage for Work Order No. 3

with Hydromentia, Inc. for Additional Engineering Services Related to Egret Marsh Regional Stormwater Park (memorandum dated September 23, 2008) 54-57


8. CONSENT AGENDA PAGE

H. Wabasso Beach Park Restoration; Work Order CT-1; Professional Engineering Services for Final Design Services for Site Plan, FDEP Permit, Utilities and Park Facilities; Coastal Technology Corporation; Ninth and Final Payment for Release of Retainage (memorandum dated September 24, 2008) 58-60

I. Interfund Borrowing

(memorandum dated October 1, 2008) 61

J. Approval of Bid Award for IRC Bid No. 2008072, San Sebastian Springs Subdivision Water Assessment Project (memorandum dated September 26, 2008) 62-82

K. Approval of Bid Award for IRC Bid No. 2009015, Annual Bid for Traffic

Signal Hardware and Wire (memorandum dated September 26, 2008) 83-88

L. Ocean Sands – Vero LLC Request for Extension of Preliminary PD Plan

Approval for a Multi-Family Residential Development to be known as Ocean Sands (Quasi-Judicial) (memorandum dated September 17, 2008) 89-94

M. Approval of Bid Award for IRC Bid No. 2009006, Annual Bid for

Aluminum Sign Blanks and Hardware (memorandum dated September 26, 2008) 95-104

N. Approval of Bid Award for IRC Bid No. 2008078, Demolition of Lennie’s

Lounge Building (memorandum dated September 30, 2008) 105-110

O. Approval of Bid Award for IRC Bid No. 2009007, Annual Bid for Traffic

Signal Equipment (memorandum dated September 26, 2008) 111-123

P. Request for Floodplain Cut and Fill Balance Waiver for Island Club of Vero

Beach Drainage Improvements (memorandum dated September 30, 2008) 124-126

Q. Florida Department of Transportation (FDOT) Maintenance Memorandum

of Agreement (MOA) and Authorizing Resolution for Landscape Maintenance along SR60 from just west of I-95 Interchange (M.P.22.389) to just west of 82nd Avenue (M.P.23.923) FM # 228628-1-52-01 (memorandum dated September 24, 2008) 127-187


8. CONSENT AGENDA PAGE

R. Service Agreement for Vero Beach E911 Public Safety Answering Point (PSAP) Logging Recorder on a Sole Source Basis from Replay Systems, Inc. (memorandum dated September 11, 2008) 188-196

S. Indian River County Health Department, 2008/2009 Fee Schedule


9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. 129th Place Petition Water Service, A Portion of Indian River Acres, Indian River County Project No. UCP-2953, Resolution III (memorandum dated September 24, 2008) 210-221

Legislative

2. Public Hearing for the Purpose of considering an Ordinance to Amend Chapter 105. Purchasing, Volume I, code of Ordinances, Indian River County, Florida (memorandum dated September 30, 2008) 222-228

Legislative

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.

1. Request to Speak from David Cox, Pelican Island Audubon, Regarding Marine Advisory Narrows Watershed Action Committee 229-238

2. Request to Speak from Freddie L. Woolfork Regarding Gifford

Aquatic Center (5) Point Plan 239-253 3. Request to Speak from Brian Heady Regarding Expenditure of Our

Tax Dollars 254


10. PUBLIC ITEMS PAGE

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearing October 14, 2008: Ryall Acquisition Group, LLC's Request to Rezone Approximately 585.57 Acres from A-1, Agricultural 1 (up to 1 unit/5 acres), RS-3, Residential Single-Family (up to 3 units/acre), RM-3, Residential Multi-Family (up to 3 units/acre), RM-6, Residential Multi-Family (up to 6 units/acres), RM-8, Residential Multi-Family (up to 8 units/acre), and CON-2, Estuarine Wetland Conservation District to Planned Development Traditional Neighborhood Design (PDTND) and Obtain Conceptual Planned Development Plan Approval For a Project to be Known as Liberty Park (memorandum dated September 29, 2008) 255

Legislative

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development None

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None


12. DEPARTMENTAL MATTERS PAGE

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

1. 43rd Avenue Widening Update (memorandum dated September 30, 2008) 256

J. Utilities Services

1. Replacement of 24” Force Main on 15th Avenue from Oslo Road to Master in-line Pump Station No. 89 – UCP No. 3096 (memorandum dated September 16, 2008) 257-260

2. Request Clarification and Direction for Serving Utilities and Solid

Waste to the City of Fellsmere (memorandum dated September 29, 2008) 261-262

13. COUNTY ATTORNEY MATTERS

A. Oculina Bank Request to Compromise Lien (memorandum dated October 1, 2008) 263-266

B. Developer Agreement with Indian River Federal Credit Union and Elwill

Associates, Inc. (memorandum dated September 19, 2008) 267-275

14. COMMISSIONERS ITEMS

A. Commissioner Sandra L. Bowden, Chairman

None

B. Commissioner Wesley S. Davis, Vice Chairman

1. Draft Letter to Owners to Gauge Interest in an MSBU for Road Improvements (memorandum dated September 24, 2008) 276-278

2. Marriage Protection Amendment



14. COMMISSIONERS ITEMS PAGE

C. Commissioner Joseph E. Flescher

None

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Gary C. Wheeler

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning,

and Saturday at 12:00 Noon to 5:00 p.m.

Sf/

PROCLAMATION DESIGNATING OCTOBER 5-11,2008

AS INDIAN RIVER COUNTY FIRE PREVENTION WEEK

WHEREAS, Indian River County Fire Rescue is committed to ensuring the safety and security of all those living in and visiting our County; and

WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and

WHEREAS, Indian River County Fire Rescue is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and

WHEREAS, Indian River County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and

WHEREAS, using proper care when cooking will have a positive effect on the home fire problem; and

WHEREAS, each cooking fire that is prevented in Indian River County is an opportunity to prevent painful injury and costly property damage; and

WHEREAS, the 2008 Fire Prevention Week theme, "Prevent Cooking Fires: Watch What You Heat': effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that October 5-11, 2008 as FIRE PREVENTION WEEK throughout Indian River County, and urge all the people of Indian River County to heed the important safety messages of Fire Prevention Week 2008, and to support the many public safety activities and efforts of Indian River County Fire Rescue.

Adopted this 7th Day of October 2008.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

Sandra L. Bowden, Chairman

Wesley S. Davis, Vice Chairman

Peter D. O'Bryan

Joseph E. Flescher

Gary C. Wheeler

PROCLAMATION Residents' Rights Month

WHEREAS, more than 160,000 Floridians live in nursing homes or similar longterm care settings, and many are unaware of their rights and the resources available to protect and defend them; and

WHEREAS, every October the Long-Term Care Ombudsman Program partners with the Office ofthe Governor to proclaim Residents' Rights Month; an occasion that calls attention to the fundamental rights of Florida's frailest elders to be treated with dignity and respect, and to have a say in decisions affecting their care.; and

WHEREAS, long-term care residents have state-mandated rights including fair and courteous treatment, privacy, control over financial matters, and- of particular note this yearthe right to vote.; and

WHEREAS, The ombudsman program is a government-funded resource available to help defend residents' rights and ensure their safety and well being.

WHEREAS, as Florida celebrates Residents' Rights Month, we the Indian River County Board of County Commission encourage community members to visit someone they know in an assisted living facility, volunteer in a nursing home, participate in Residents' Rights Month events, or inquire about volunteering with the ombudsman program.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month of October, 2008 be designated as Residents' Rights Month in Indian River County.

Adopted this 71h day of October 2008.

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA


~.e4{~ Wesley S. DaviS,iCe Chairman

Peter D. O'Bryan J

Jr~LC::~? sep E. Flescher

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: SEPTEMBER 18, 2008

SUBJECT: APPROVAL OF WARRANTS AND WIRES- SEPT 12 TO SEPT 18, 2008

FROM: DIANE BERNARDO, FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached lists of warrants and wires, issued by the Clerk to the Board, for the time period of September 12, 2008 to September 18, 2008.

Attachment:

DB:AH

3

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 221553 9/17/2008 ILLINOIS STATE DISBURSEMENT UNIT 142.32 221554 9/17/2008 CHAPTER13TRUSTEE 1,518.18 221555 9/17/2008 VB FIREFIGHTERS ASSOC 5,610.00 221556 9/17/2008 I R FEDERAL CREDIT UNION 61,148.06 221557 9/17/2008 COLONIAL LIFE & ACCIDENT INS CO 232.66 221558 9/17/2008 UNITED WAY OF INDIAN RIVER COUNTY 1,211.00 221559 9/17/2008 AMERICAN CANCER/HEART SOCIETY 2.00 221560 9/17/2008 SAN DIEGO COUNTY OFFICE OF THE 132.25 221561 9/17/2008 MISDU MICHIGAN STATE 518.85 221562 9/17/2008 PENNSYLVANIA SCDU 300.00 221563 9/17/2008 NEW JERSEY FAMILY SUPPORT CENTER 50.00 221564 9/17/2008 BOARD OF COUNTY COMMISSIONERS 153.00 221565 9/17/2008 INDIAN RIVER CO BOCC 5,207.71 221566 9/17/2008 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 221567 9/17/2008 OHIO CHILD SUPPORT 235.39 221568 9/18/2008 CLEMENTS PEST CONTROL 1,077.00 221569 9/18/2008 PORT CONSOLIDATED INC 819.84 221570 9/18/2008 PRAXAIR DISTRIBUTION SOUTHEAST 982.10 221571 9/18/2008 GOOD KNIGHT LAWN EQUIPMENT INC 646.49 221572 9/18/2008 SUN COAST WELDING SUPPLIES INC 241.05 221573 9/18/2008 INDIAN RIVERAUTOPARTSLLC 558.94 221574 9/18/2008 INDIAN RIVERAUTOPARTSLLC 393.04 221575 9/18/2008 COMMUNICATIONS INTERNATIONAL 11,592.80 221576 9/18/2008 SOUTHERN SEWER EQUIPMENT SALES 165.00 221577 9/18/2008 TEN-8 FIRE EQUIPMENT INC 3,957.56 221578 9/18/2008 FISHER SCIENTIFIC COMPANY 391.33 221579 9/18/2008 VERO CHEMICAL DISTRIBUTORS INC 321.40 221580 9/18/2008 TOSHIBA BUSINESS SOLUTIONS FLORIDA 387.40 221581 9/18/2008 TOSHIBA BUSINESS SOLUTIONS FLORIDA 273.71 221582 9/18/2008 KIMLEY HORN & ASSOCIATES 23,603.82 221583 9/18/2008 NORTH SOUTH SUPPLY 168.55 221584 9/18/2008 VELDE FORD INC 444.92 221585 9/18/2008 UNIVERSAL SIGNS & ACCESSORIES 19,081.85 221586 9/18/2008 STEW ART MINING INDUSTRIES 137.58 221587 9/18/2008 RUSSELL CONCRETE INC 1,719.00 221588 9/18/2008 DATA FLOW SYSTEMS INC 638.85 221589 9/18/2008 LIGHT SOURCE BUSINESS SYSTEMS 620.00 221590 9/18/2008 VERO BEACH PRINTING INC 159.50 221591 9/18/2008 SEWELL HARDWARE 248.10 221592 9/18/2008 SERVICE REFRIGERATION 750.00 221593 9/18/2008 PARALEE COMPANY INC 1,620.40 221594 9/18/2008 ATCO TOOL SUPPLY 120.87 221595 9/18/2008 E-Z BREW COFFEE & BOTTLE WATER SVC 65.92 221596 9/18/2008 GRAINGER INDUSTRIAL SUPPLY 17.71 221597 9/18/2008 INDIAN RIVER OXYGEN INC 87.50 221598 9/18/2008 RING POWER CORPORATION 1,116.00 221599 9/18/2008 GRA YBAR ELECTRIC 1,211.01 221600 9/18/2008 TREASURE COAST REFUSE 60,765.69 221601 9/18/2008 TREASURE COAST REFUSE 1,319.56 221602 9/18/2008 TEMPLE INC 3,672.00 221603 9/18/2008 DEMCOINC 2,854.00 221604 9/18/2008 ACTION ANSWERING SERVICE 659.77 221605 9/18/2008 VERO LA WNMOWER CENTER 145.03 221606 9/18/2008 BBC AUDIOBOOKS AMERICA 212.60 221607 9/18/2008 INGRAM LIBRARY SERVICES !NV 28.47 221608 9/18/2008 SALEM PRESS INC 810.90 221609 9/18/2008 F&W PUBLICATIONS 357.56 221610 9/18/2008 THE GALE GROUP 268.12

I 4

CHECKNBR CKDATE VENDOR AMOUNT 221611 9/18/2008 FACTS ON FILE 81.86 221612 9118/2008 AMERIGAS INC 3,598.11 221613 9/18/2008 DAVES SPORTING GOODS & TROPIDES 420.00 221614 9/18/2008 DAILY COURIER SERVICE INC 585.00 221615 9/18/2008 GAYLORD BROTHERS INC 94.54 221616 9/18/2008 APPLE INDUSTRIAL SUPPLY CO 702.93 221617 9/18/2008 INDIAN RIVER MEDICAL CENTER 1,732.72 221618 9/18/2008 ICI PAINTS 305.64 221619 9/18/2008 DATA SUPPLIES INC 686.98 221620 9/18/2008 CLIFF BERRY INC 25.00 221621 9118/2008 ABSUSA 3,853.00 221622 9/18/2008 MASTELLER MOLER REED & TAYLOR INC 252.00 221623 9/18/2008 ALLIED ELECTRONICS INC 772.88 221624 9/18/2008 PERKINS MEDICAL SUPPLY 218.37 221625 9/18/2008 GALLS INC 191.95 221626 9/18/2008 RELIABLE SEPTIC AND SERVICE 175.00 221627 9/18/2008 HD SUPPLY WATERWORKS, LTD 1,838.42 221628 9/18/2008 BOUNDTREE MEDICAL 2,240.73 221629 9/18/2008 SCHULKE BITTLE & STODDARD LLC 1,250.00 221630 9118/2008 ECOTECH CONSULTANTS INC 29,947.97 221631 9118/2008 VERO BEARING & BOLT 35.81 221632 9/18/2008 PROFORMA IMAGING 99.00 221633 9/18/2008 CINDIS PET CENTER 28.75 221634 9/18/2008 FLORIDA VETERINARY LEAGUE 141.00 221635 9/18/2008 ELPEXINC 37.10 221636 9/18/2008 FIRESTONE COMPLETE AUTO CARE 2,185.91 221637 9/18/2008 BARTH CONSTRUCTION INC 66,987.54 221638 9118/2008 CARTER ASSOCIATES INC 5,394.85 221639 9118/2008 J F MEYERS GENERAL CONTRACTOR LLC 42,531.00 221640 9/18/2008 GOLF AFFILITIES SCORECARD CO 1,016.80 221641 9/18/2008 HOMELAND IRRIGATION 24.12 221642 9/18/2008 DELL INC. 36,812.71 221643 9/18/2008 THE EXPEDITER 173.76 221644 9/18/2008 R & G SOD FARMS 440.00 221645 9118/2008 CUES INC 1,985.87 221646 9/18/2008 CARQUEST AUTO PARTS 1,455.38 221647 9/18/2008 GOODYEAR AUTO SERVICE CENTER 186.00 221648 9/18/2008 UTILITY SERVICE CO INC 190,378.98 221649 9/18/2008 LESCOINC 1,794.61 221650 9/18/2008 BAKER & TAYLOR ENTERTAINMENT 4,075.18 221651 9118/2008 MIDWEST TAPE 1,722.01 221652 9118/2008 HARRIS SANITATION INC 95,551.61 221653 9/18/2008 RECORDED BOOKS 31.00 221654 9/18/2008 ARAMARK UNIFORM SERVICES 879.41 221655 9/18/2008 LOWES CO INC 1,253.43 221656 9118/2008 ODYSSEY MANUFACTURING CO 7,417.50 221657 9/18/2008 K & M ELECTRIC SUPPLY 970.51 221658 9118/2008 VERO COLLISION CENTER 2,433.41 221659 9/18/2008 INDIAN RIVER COUNTY HEALTH DEPT 220.00 221660 9/18/2008 ENCORE BROADCAST EQUIPMENT SALES 36,966.00 221661 9/18/2008 JAMErSON PUBLISHERS 230.00 221662 9/18/2008 PALM TRUCK CENTERS INC 100.56 221663 9/18/2008 THE PENWORTHY COMPANY 654.70 221664 9/18/2008 FLORIDA BOLT & NUT CO 274.70 221665 9/18/2008 DLT SOLUTIONS INC 5,671.74 221666 9/18/2008 SEBASTIAN OFFICE SUPPLY CO 806.10 221667 9/18/2008 HARBOR BRANCH ENVIRONMENTAL LAB INC 2,355.00 221668 9/18/2008 LINDSEY GARDENS APARTMENTS 400.00 221669 9118/2008 FLORID AFFINITY INC 44.00 221670 9/18/2008 JEFFREY K BARTON 495,582.50

2 5

CHECKNBR 221671 221672 221673 221674 221675 221676 221677 221678 221679 221680 221681 221682 221683 221684 221685 221686 221687 221688 221689 221690 221691 221692 221693

. 221694 221695 221696 221697 221698 221699 221700 221701 221702 221703 221704 221705 221706 221707 221708 221709 221710 221711 221712 221713 221714 221715 221716 221717 221718 221719 221720 221721 221722 221723 221724 221725 221726 221727 221728 221729 221730

CKDATE 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008

VENDOR JEFFREY K BARTON CITY OF VERO BEACH CITY OF VERO BEACH CAMP DRESSER & MCKEE INC DANANT PROPERTIES INC APPLE MACHINE & SUPPLY CO REXEL INDIAN RIVER ALL F AB GENERAL ELEVATOR SALES & SERVICE AT&T AT&T AT&T AT&T AT&T INDIAN RIVER COUNTY SHERIFF THOMPSON GALE KYLES RUN APARTMENTS JANITORIAL DEPOT OF AMERICA TREASURE COAST HOMELESS SERVICES PUBLIX PHARMACY ffiM INDIAN RIVER COUNTY UTILITIES TOTAL TRUCK PARTS FOOTJOY GEOSYNTEC CONSULTANTS INC DUMONT COMPANY, INC OFFICE DEPOT BSD CUSTOMER SVC HABITAT FOR HUMANITY CHAMBER OF COMMERCE ST JOHNS RIVER WATER MGMT DISTRICT WEST PAYMENT CENTER FEDERAL EXPRESS FEDERAL EXPRESS USA BLUEBOOK MUNICIPAL CODE CORPORATION COMO OIL COMPANY OF FLORIDA KILPATRICK TURF EQUIPMENT INC NEXTEL COMMUNICATIONS SCRIPPS TREASURE COAST PUBLISHING TRAFFIC PARTS INC VERO HERITAGE INC ATLANTIC REPORTING INC CORPORATION OF THE PRESIDENT SUBSTANCE ABUSE COUNCIL OF IRC FLORIDA POWER AND LIGHT MIKE CLIFFORD CHARLES SEMBLER TAX COLLECTOR PUBLIC DEFENDER COLLINS BROWN CALDWELL BARKETT & PHILLIP J MATSON AMERICAN PLANNING ASSOCIATION APPLIED TECHNOLOGY & MANAGEMENT CITY OF FELLSMERE WASTE MANAGEMENT COMPLETE ELECTRIC INC FLORIDA DEPT OF ENVIRONMENTAL PROTECTION HOMELESS FAMILY CENTER INC SASAN ROHAN! ABCO DISTRIBUTORS COX GIFFORD SEA WINDS

AMOUNT 28.86

9,775.92 564.60

5,076.00 500.00

87.30 2,576.00

53.55 375.00

14.43 233.63 566.89

4,364.00 3,214.83 2,839.57 1,183.71 1,000.00 2,267.23 4,691.20

30.95 462.00

1,781.43 1,138.04

101.30 224.78

2,226.50 3,399.54

168.00 32,847.27

200.00 88.00 20.32

124.38 592.29 551.59

1,390.00 111.82 37.40

224.64 5,822.90 1,008.33

125.00 132.90 984.80

62,296.49 300.00

16,036.44 8,351.53 2,426.00

24.03 277.00

82,157.06 206.05 695.48

81.00 2,500.00 9,719.33

308.97 174.75 900.00

3 6

CHECKNBR 221731 221732 221733 221734 221735 221736 221737 221738 221739 221740 221741 221742 221743 221744 221745 221746 221747 221748 221749 221750 221751 221752 221753 221754 221755 221756 221757 221758 221759 221760 221761 221762 221763 221764 221765 221766 221767 221768 221769 221770 221771 221772 221773 221774 221775 221776 221777 221778 221779 221780 221781 221782 221783 221784 221785 221786 221787 221788 221789 221790

CKDATE 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9118/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008

VENDOR ESRIINC CLIFFORD T CRAWFORD WESTSIDE REPROGRAPIDCS OF VERO BEACH INC GREEN BROTHERS CONSTRUCTION INC REGATTA CONSTRUCTION LLC BANK OF NEW YORK ADVANCED XEROGRAPHICS IMAGING SYS AIR GAS INTERNATIONAL ASSOCIATION BRIDGE DESIGN ASSOCIATES INC ISLAND TITLE AGENCY ISLAND TITLE AGENCY DONADIO AND ASSOCIATES ARCIDTECTS C & C ELECTRIC WORKS INC GCR TIRE CENTERS SCHOOL DISTRICT OF I R COUNTY GENAPURE ANALYTICAL SERVICES INC SHRIEVE CHEMICAL CO MARONDA HOMES W S DARLEY & COMPANY FALCON ASSOCIATES INC FLAGLER CONSTRUCTION EQUIPMENT LLC VERIZON WIRELESS CINTAS FIRE PROTECTION VANWALINC TRL ENTERPRISES JPG ENTERPRISES INC POL YDYNE INC BIG BROTHERS AND BIG SISTERS THE GRILL PLACE CENTEX HOMES RANDOM HOUSE INC ATLANTIC TRUCK CENTER SOUTHERN JANITOR SUPPLY INC GUZMAN, JOHN J LEWIS, HEIDI ALFONSO FULCIDNI JOHNHBOLYARD MARONDA HOMES CAPITAL OFFICE PRODUCTS MASTELLER & MOLER INC W F MCCAIN & ASSOCIATES INC HARCROS CHEMICALS, INC. GLOVER OIL COMPANY INC RDK TRUCK SALES & SERVICE INC BIG DOG SPORTSWEAR GREEN BROTHERS CONSTRUCTION TREASURE COAST FOOD BANK GEOGRAPIDC TECHNOLOGIES GROUP INC PASSAGE ISLAND HOMES INC BIO-TECH MEDICAL WASTE TRANSPORTERS INC SHOEBOX SCANNING VOYAGER FLEET SYSTEMS INC OCE' NORTH AMERICA INC BRILLIANCE AUDIO PALM BAY FORD 1ST FIRE & SECURITY INC GHO VERO BEACH INC NORMAN GOODMAN DORMAN & GUTMAN P L

AMOUNT 765.13 456.14

1,049.49 390.00

7,047.98 1,036.00 1,239.30

58.74 340.00

7,740.00 22,105.93 22,105.93

697.51 5,410.00

571.96 3,036.00 4,134.00

14,579.16 81.00

892.26 75.00

382.58 971.80

1,595.00 205.00 346.50 885.00

2,392.00 2,317.30

159.50 247.00 589.88 957.87 167.98 21.27 10.95

500.00 500.00

36.94 387.13

35,710.30 421.25

1,552.60 27,041.82

541.80 34.12 39.86 77.56

17,750.00 48.97

210.00 512.00

19,876.48 1,106.41

335.25 100.00

1,070.00 10.60 90.00

1,752.50

4 7

CHECKNBR CKDATE VENDOR AMOUNT 221791 9/18/2008 KEY EQUIPMENT FINANCE 123.79 221792 9/18/2008 WHEELABRA TOR RIDGE ENERGY INC 6,644.35 221793 9/18/2008 DIAL411 19.60 221794 9/18/2008 COMPLETE ALARM INC. 2,520.00 221795 9/18/2008 ST FRANCIS ANIMAL HOSPITAL 162.75 221796 9/18/2008 MINUTEMAN PRESS OF VERO BEACH 2,273.61 221797 9/18/2008 SWILLEY CURTIS MUNDY HUNNICUTT 1,720.16 221798 9/18/2008 SENIOR RESOURCE ASSOCIATION 1,064.90 221799 9/18/2008 JMATT CONSTRUCTION SERVICES LLC 520.00 221800 9/18/2008 NATCO 1,076.20 221801 9/18/2008 THOMPSON FABRICATING 4,006.00 221802 9/18/2008 CHASE HOME FINANCE 500.00 221803 9/18/2008 USA MOBILITY WIRELESS INC 24.34 221804 9/18/2008 FISHER & PHILLIPS LLP ATTORNEYS AT LAW 221.40 221805 9/18/2008 GABRIEL ROEDER SMITH & CO 6,563.00 221806 9/18/2008 VILLAGE OAKS 80 REALTY LLC 51.11 221807 9/18/2008 VILLAGE OAKS 80 REALTY LLC 77.53 221808 9/18/2008 TANTOR MEDIA INC 596.85 221809 9/18/2008 Dl VOSTA HOMES L P 219.48 221810 9/18/2008 CEMEX 2,776.50 221811 9/18/2008 LENNAR HOMES 142.36 221812 9/18/2008 LENNAR HOMES 78.91 221813 9/18/2008 GOLDSMITH, JAMES R 41.77 221814 9/18/2008 GL HOMES BUILDING CORP 72.16 221815 9/18/2008 HARTLESS, KAYEM 39.50 221816 9/18/2008 W ASTEQUIP INDUSTRIAL 38,200.00 221817 9/18/2008 RAYMOND BROBST CONSTRUCTION 26.44 221818 9/18/2008 AHLERS, KEN 952.44 221819 9/18/2008 FULLER, GREG 13.06 221820 9/18/2008 GRIMM MANAGEMENT LTD PARTNERSP 42.60 221821 9/18/2008 CHRISTIAN TALMADGE 187.22 221822 9/18/2008 DYER CHEVROLET 481.45 221823 9/18/2008 PEARSON ELECTRICAL CONTRACTORS 750.00 221824 9/18/2008 ELECTRIC MOTORS OF PALM BEACH 5,623.98 221825 9/18/2008 GEORGE V HAND BACKHOE SERVICES 1,300.00 221826 9/18/2008 ANGELA GLAD 700.00 221827 9/18/2008 DIXIE EQUIPMENT 254.00 221828 9/18/2008 HITESHEW ENGINEERING SYSTEMS, INC 1,800.00 221829 9/18/2008 YOCONO, NUNZIE 47.02 221830 9/18/2008 URROZ,LUIZ 19.07 221831 9/18/2008 GREENE, MISTY L 4.00 221832 9/18/2008 PARRISH DAWN 40.00 221833 9/18/2008 SIKES, DANNYM 40.41 221834 9/18/2008 LOPEZ, TANYAK 103.15 221835 9/18/2008 GABOR, MIKE & DIANA 39.50 221836 9/18/2008 WILLIAMS, CYNTHIA G 65.17 221837 9/18/2008 LARSEN, TIM & JENNIFER 7.22 221838 9/18/2008 BURROUGHS, BEVERLY 20.93 221839 9/18/2008 41ST & LATERAL A LLC 29.79 221840 9/18/2008 MCKINSTRY, ALAN 43.49 221841 9/18/2008 KROAH, EDWARD 53.35 221842 9/18/2008 FLEMA TE, EMILIANA 17.26 221843 9/18/2008 TRAYNOR, BRIAN & MARY 7.66 221844 9/18/2008 BROWN, JEREMY 37.11 221845 9/18/2008 HENNE, MELINDA 66.01 221846 9/18/2008 REEVES, JOHN E 163.38 221847 9/18/2008 SHAWN & PAM DOWLING 19.15 221848 9/18/2008 CLAY ANN KELLY 254.53 221849 9/18/2008 LEFTWICH CONSULTING INC 3,000.00 221850 9/18/2008 HAYHURST LAND SURVEYING INC 650.00

5 8

CHECKNBR 221851 221852 221853 221854 221855 221856 221857 221858 221859 221860 221861

Grand Total:

CKDATE 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008 9/18/2008

VENDOR RICHARD WOODIN JAMES STUCKEY DOYAL COX SHERYL BERTUCH AND ASSET RECOVERY INTNL DELORES MARY PESCE NANCY ANDERSON KEVIN MILEWSKI JOHANNA FALLIS WENDY SCOTT JR KOVALESKI PPDC INVESTMENTS LLC

AMOUNT 50.64

355.00 200.00

5,961.79 124,845.81

50.00 70.00 45.00 50.00

168.00 18,578.55

2,011,193.60

6 9

• CHECKNBR

520 521

Grand Total:

CKDATE 9/11/2008 9/17/2008

WIRES SENT

VENDOR IRS-PAYROLL TAXES MISENER MARINE CONSTRUCTION INC

AMOUNT 16,968.07

207,665.80 224,633.87

I 10

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: SEPTEMBER 25, 2008

SUBJECT: APPROVAL OF WARRANTS AND WIRES- SEPT 19 TO SEPT 25, 2008

FROM: DIANE BERNARDO, FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached lists of warrants and wires, issued by the Clerk to the Board, for the time period of September 19, 2008 to September 25, 2008.

Attachment:

DB:AH

11

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 221862 9/25/2008 EVERGLADES FARM EQUIPMENT CO INC 343.75 221863 9/25/2008 CONTECH CONSTRUCTION PRODUCTS INC 2,884.02 221864 9/25/2008 PORT CONSOLIDATED INC 16,139.54 221865 9/25/2008 PARKS RENTAL & SALES INC 39.75 221866 9/25/2008 DAVES COMMUNJCA TIONS/ELECTRONIC 18.00 221867 9/25/2008 PRAXAIR DISTRIBUTION SOUTHEAST 92.66 221868 9/25/2008 GOOD KNIGHT LAWN EQUIPMENT INC 63.36 221869 9/25/2008 INDIAN RIVERAUTOPARTSLLC 2,038.35 221870 9/25/2008 INDIAN RIVERAUTOPARTSLLC 582.48 221871 9/25/2008 COLKITT SHEET METAL & AIC INC 3,829.00 221872 9/25/2008 COMMUNICATIONS INTERNATIONAL 31,356.53 221873 9/25/2008 ROBINSON EQUIPMENT COMPANY INC 524.08 221874 9/25/2008 TOSHIBA BUSINESS SOLUTIONS FLORIDA 106.78 221875 9/25/2008 IKON OFFICE SOLUTIONS 82.52 221876 9/25/2008 SCOTTS SPORTING GOODS 695.28 221877 9/25/2008 NORTH SOUTH SUPPLY 69.17 221878 9/25/2008 VELDE FORD INC 524.66 221879 9/25/2008 SAFETY PRODUCTS INC 827.11 221880 9/25/2008 STEW ART MINING INDUSTRIES 890.75 221881 9/25/2008 LIGHT SOURCE BUSINESS SYSTEMS 118.00 221882 9/25/2008 VERO BEACH PRINTING INC 265.00 221883 9/25/2008 DICKERSON AGGREGATES INC 10,897.06 221884 9/25/2008 SEWELL HARDWARE 116.78 221885 9/25/2008 ATCO TOOL SUPPLY 335.72 221886 9/25/2008 COLD AIR DISTRIBUTORS WAREHOUSE 215.60 221887 9/25/2008 E-Z BREW COFFEE & BOTTLE WATER SVC 53.91 221888 9/25/2008 INDIAN RIVER BATTERY 1,312.80 221889 9/25/2008 GRAINGER INDUSTRIAL SUPPLY 2,037.60 221890 9/25/2008 INDIAN RIVER OXYGEN INC 1,835.61 221891 9/25/2008 KELLY TRACTOR CO 1,226.12 221892 9/25/2008 FLORIDA COCA-COLA BOTTLING CO 862.56 221893 9/25/2008 GRA YBAR ELECTRIC 121.46 221894 9/25/2008 TREASURE COAST REFUSE 8.14 221895 9/25/2008 ZEE MEDICAL INC 180.96 221896 9/25/2008 F&W PUBLICATIONS 305.28 221897 9/25/2008 UL VERSCROFT LARGE PRINT BOOKS 317.59 221898 9/25/2008 THE GALE GROUP 1,866.74 221899 9/25/2008 DAVIDSON TITLES INC 1,370.59 221900 9/25/2008 QUALITY BOOKS INC 29.26 221901 9/25/2008 ACTION TRANSMISSION & AIC SERVICE 592.95 221902 9/25/2008 AMERIGAS INC 175.57 221903 9/25/2008 MIKES GARAGE & WRECKER SERVICE 375.00 221904 9/25/2008 SUNRISE TRACTOR 1,338.70 221905 9/25/2008 DAVES SPORTING GOODS & TROPHIES 38.50 221906 9/25/2008 APPLE INDUSTRIAL SUPPLY CO 356.48 221907 9/25/2008 INDIAN RIVER MEDICAL CENTER 2,520.71 221908 9/25/2008 LABOR FINDERS INC 465.51 221909 9/25/2008 ABSUSA 2,090.68 221910 9/25/2008 OMNIGRAPHICS INC 80.89 221911 9/25/2008 ALLIED ELECTRONICS INC 1,819.54 221912 9/25/2008 WATER SAFETY PRODUCTS 1,920.00 221913 9/25/2008 DEEP SIX DIVE SHOP INC 28.00 221914 9/25/2008 RAM MEDIA 3,042.00 221915 9/25/2008 HD SUPPLY WATERWORKS, LTD 6,131.67 221916 9/25/2008 ECOTECH CONSULTANTS INC 2,921.00 221917 9/25/2008 EGPINC 48.00 221918 9/25/2008 ALL-RITE WATER CONDITIONING 765.00 221919 9/25/2008 VERO BEARING & BOLT 131.60

I 12

CHECKNBR 221920 221921 221922 221923 221924 221925 221926 221927 221928 221929 221930 221931 221932 221933 221934 221935 221936 221937 221938 221939 221940 221941 221942 221943 221944 221945 221946 221947 221948 221949 221950 221951 221952 221953 221954 221955 221956 221957 221958 221959 221960 221961 221962 221963 221964 221965 221966 221967 221968 221969 221970 221971 221972 221973 221974 221975 221976 221977 221978 221979

CKDATE 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9125/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008 9/25/2008

VENDOR BRODART VIDEO ACE PLUMBING INC BREVARD RENTALS PROFORMA IMAGING FLORIDA VETERINARY LEAGUE ELPEXINC FIRESTONE COMPLETE AUTO CARE BARTH CONSTRUCTION INC AMERICAN WATER CHEMICALS INC ABCO GARAGE DOOR CO ALLIED UNIVERSAL CORP DELL INC. WILSONS PETROLEUM EQUIPMENT INC THE EXPEDITER R&GSODFARMS LAPSCOINC CAR QUEST AUTO PARTS GOODYEAR AUTO SERVICE CENTER BAKER & TAYLOR ENTERTAINMENT MIDWEST TAPE HARRIS SANITATION INC CENTRAL WINDOW OF VERO BEACH INC RECORDED BOOKS NEW HORIZONS OF MELBOURNE ARAMARK UNIFORM SERVICES FORT BEND SERVICES INC LOWES CO INC METTLER TOLEDO FLORIDA INC ODYSSEY MANUFACTURING CO PRECISION CONTRACTING SERVICES INC K & M ELECTRIC SUPPLY SEBASTIAN RENT ALL BAKER DISTRIBUTING CO SUN BELT MEDICAL PALM TRUCK CENTERS INC NORTRAX EQUIPMENT CO SOUTHERN EMBROIDERY WORKS HARBOR BRANCH ENVIRONMENTAL LAB INC SANDY PINES LINDSEY GARDENS APARTMENTS LINDSEY GARDENS APARTMENTS LINDSEY GARDENS APARTMENTS BOYS & GIRLS CLUB OF INDIAN BOYS & GIRLS CLUB OF INDIAN BOYS & GIRLS CLUB OF INDIAN CITY OF VERO BEACH CITY OF VERO BEACH CAMP DRESSER & MCKEE INC TEAMSTERS LOCAL UNION #769 REXEL INDIAN RIVER ALL F AB GENERAL ELEVATOR SALES & SERVICE AT&T AT&T AT&T AT&T UNITED PARCEL SERVICE FERGUSON ENTERPRISES INC PETTY CASH FLORIDA EAST COAST RAILWAY COMPANY

AMOUNT 380.00 188.00

5,003.35 246.85

44.00 2,533.25

759.03 217,562.15

10,500.00 174.75

4,932.01 14,336.10

305.30 139.95 150.00 199.00

3,528.82 140.49

9,872.32 28.74

95,633.01 5,568.00

31.00 35,000.00

1,817.18 3,900.00 1,607.35 1,088.00 3,787.50

25,220.25 2,325.54 4,068.30

66.06 165.98

1,008.94 95.72 24.95

3,222.50 400.00

2,363.00 759.00 500.00

7,075.47 1,725.50 7,087.43

903.11 86,362.61 10,907.36 7,206.55

389.03 305.00

1,050.00 1,060.28

127.91 4,866.77

193.60 254.17

15,534.00 83.93

3,548.00

2 13

CHECKNBR CKDATE VENDOR AMOUNT 221980 9/25/2008 KYLES RUN APARTMENTS 400.00 221981 9/25/2008 B/C B/S OF FL ADM FEE 9,216.00 221982 9/25/2008 I R C HEALTH INSURANCE- TRUST 35,578.62 221983 9/25/2008 UNIPSYCH BENEFITS OF FL INC 972.00 221984 9/25/2008 JANITORIAL DEPOT OF AMERICA 1,423.31 221985 9/25/2008 AMERITREND HOMES 295.00 221986 9/25/2008 HUMANE SOCIETY 27,750.00 221987 9/25/2008 INDIAN RIVER COUNTY UTILITIES 16,929.31 221988 9/25/2008 TOTAL TRUCK PARTS 55.72 221989 9/25/2008 INTERNATIONAL GOLF MAINTENANCE 90,527.75 221990 9/25/2008 CULTURAL COUNCIL OF IRC 4,255.49 221991 9/25/2008 AQUAGENIX 371.00 221992 9/25/2008 EXCHANGE CLUB CASTLE 4,355.62 221993 9/25/2008 GEOSYNTEC CONSULTANTS INC 609.07 221994 9/25/2008 DUMONT COMPANY, INC 934.00 221995 9/25/2008 NEC UNIFIED SOLUTIONS INC 375.00 221996 9/25/2008 OFFICE DEPOT BSD CUSTOMER SVC 3,088.81 221997 9/25/2008 LEGACY BUILDING SYSTEMS 1,080.00 221998 9/25/2008 HOLIDAY BUILDERS 552.00 221999 9/25/2008 MERCEDES HOMES INC 121.00 222000 9/25/2008 MERCEDES HOMES INC 243.00 222001 9/25/2008 HABITAT FOR HUMANITY 3,192.00 222002 9/25/2008 HABITAT FOR HUMANITY 672.00 222003 9/25/2008 PASSAGE ISLAND HOMES 3,655.84 222004 9/25/2008 FEDERAL EXPRESS 355.79 222005 9/25/2008 COMO OIL COMPANY OF FLORIDA 80.50 222006 9/25/2008 KILPATRICK TURF EQUIPMENT INC 111.36 222007 9/25/2008 MANPOWER 7,475.20 222008 9/25/2008 SCRIPPS TREASURE COAST PUBLISHING 600.00 222009 9/25/2008 SCRIPPS TREASURE COAST PUBLISHING 600.00 222010 9/25/2008 ATLANTIC REPORTING INC 593.75 222011 9/25/2008 FLORIDA POWER AND LIGHT 67,715.00 222012 9/25/2008 FLORIDA POWER AND LIGHT 4,788.51 222013 9/25/2008 TITLEIST 1,013.49 222014 9/25/2008 ROBERT M KEATING 87.65 222015 9/25/2008 JOHN LLOYD BUILDERS 168.00 222016 9/25/2008 STATE ATTORNEY 7,389.01 222017 9/25/2008 GLOBAL GOLF SALES INC 57.89 222018 9/25/2008 WASTE MANAGEMENT 139,682.03 222019 9/25/2008 SUNSHINE STATE ONE CALL OF FL INC 445.97 222020 9/25/2008 HIBISCUS CIDLDRENS CENTER 800.00 222021 9/25/2008 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 222022 9/25/2008 BARKER ELECTRIC, AIR CONDITIONING 76.00 222023 9/25/2008 TREASURE COAST SPORTS COMMISSION 9,891.37 222024 9/25/2008 NOTARY PUBLIC UNDERWRITERS INC 102.40 222025 9/25/2008 MIKE HOTCHKISS 102.35 222026 9/25/2008 L WALTON ELECTRIC INC 3,209.30 222027 9/25/2008 GERALD A YOUNG SR 120.00 222028 9/25/2008 JONATHAN GORHAM 905.62 222029 9/25/2008 ESRIINC 9,964.23 222030 9/25/2008 INDIAN RIVER FARMS WATER CNTRL DIST 400.00 222031 9/25/2008 RANDALL GODWIN 216.00 222032 9/25/2008 PETTY CASH 140.26 222033 9/25/2008 EDWARD PRIME 218.13 222034 9/25/2008 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 678.54 222035 9/25/2008 NIGP 50.00 222036 9/25/2008 FORESTRY SUPPLIERS INC 378.27 222037 9/25/2008 K C MASONRY INC 324.00 222038 9/25/2008 REGATTA CONSTRUCTION LLC 393.00 222039 9/25/2008 BRACKETT PARKER & ASSOC 23.49

3 14

CHECKNBR CKDATE VENDOR AMOUNT 222040 9/25/2008 ADVANCED XEROGRAPHICS IMAGING SYS 2,638.70 222041 9/25/2008 TIMGEIB 144.00 222042 9/25/2008 ISLAND TITLE AGENCY 57,693.36 222043 9/25/2008 C & C ELECTRIC WORKS INC 9,680.00 222044 9/25/2008 DAVCOELECTRICALCONTRACTORSCORP 884.92 222045 9/25/2008 SYMBIONT SERVICE CORP 893.21 222046 9/25/2008 FLORIDA LEGISLATURE 1,240.00 222047 9/25/2008 STAN BOLING 75.00 222048 9/25/2008 SCHOOL DISTRICT OF I R COUNTY 1,798.58 222049 9/25/2008 SYMETRA LIFE INSURANCE C014PANY 2,278.08 222050 9/25/2008 HOMES BY CALTON LLC 81.00 222051 9/25/2008 QUILL CORPORATION 119.70 222052 9/25/2008 KIMBALL MIDWEST 142.84 222053 9/25/2008 AMERITREND HOMES 255.23 222054 9/25/2008 FLORIDA SURVEYING & MAPPING SOCIETY 390.00 222055 9/25/2008 RECHTIEN INTERNATIONAL 13.21 222056 9/2512008 CONSOLIDATED RESOURCE RECOVERY INC 102,510.72 222057 9/25/2008 REGATTA CONSTRUCTION LLC 73.58 222058 9/25/2008 MARY J BENNETT 30.00 222059 9/25/2008 SANDRIDGE INC 78.74 222060 9/25/2008 GARTNER, LORRY 34.39 222061 9/25/2008 MARONDA HOMES 5,773.30 222062 9/25/2008 PRIMA 100.00 222063 9/25/2008 CRAWFORD, STANLEY 44.50 222064 9/25/2008 MRMULCH 722.95 222065 9/25/2008 HULETT ENVIRONMENTAL SERVICES 75.00 222066 9/25/2008 FLAGLER CONSTRUCTION EQUIFMENT LLC 680.38 222067 9/25/2008 ALEX INTROCASO 390.00 222068 9/25/2008 VERIZON WIRELESS 48.61 222069 9/25/2008 FRED G SNOW JR 162.00 222070 9/25/2008 DOWN UNDER TANK TESTING OF AMERICA 450.00 222071 9/25/2008 BOB LAPORTE CONSTRUCTION 75.00 222072 9/25/2008 BRUCE SMITH CUSTOM HOMES INC 168.00 222073 9/25/2008 CINTAS FIRE PROTECTION 605.47 222074 9/25/2008 US FOODSERVJCE 551.33 222075 9/25/2008 AARON LEVY 14.86 222076 9/25/2008 UNITED RENTAL 451.08 222077 9/25/2008 CONTROL SYSTEMS DESIGN INC 1,760.00 222078 9/25/2008 VANWALINC 15.00 222079 9/25/2008 VANWALINC 219.00 222080 9/25/2008 GH VERO BEACH DEVELOPMENT LLC 168.00 222081 9/25/2008 PATRICIA LESTER 60.00 222082 9/25/2008 CERTIFIED BUILDING CORP 71.36 222083 9/25/2008 SYNAGRO 59,106.60 222084 9/25/2008 POLYDYNE INC 2,438.00 222085 9/25/2008 BIG BROTHERS AND BIG SISTERS 930.79 222086 912512008 FLORIDA RURAL LEGAL SERVICES INC 2,609.80 222087 9/25/2008 THE OLDE RANGEMASTER, LLC 102.50 222088 9/25/2008 RANDOM HOUSE INC 156.00 222089 9/25/2008 RANDOM HOUSE INC 88.00 222090 9/25/2008 ATLANTIC TRUCK CENTER 848.81 222091 9/25/2008 TREASURE COAST RADIATOR 502.00 222092 9/25/2008 PARGAS 364.00 222093 9/25/2008 ADAMS HOMES OF NORTHWEST FLA 61.51 222094 9/25/2008 SOUTHERN JANITOR SUPPLY INC 1,792.07 222095 9/25/2008 JOSE RODRIGUEZ 21.85 222096 9/25/2008 GEMINI GROUP LLC 6,734.00 222097 9/25/2008 HCH BUILDERS INC 225.00 222098 9/25/2008 THOMAS BOUREGY & CO INC 139.50 222099 912512008 UNITED FOR FAMILIES 3,279.72

4 15

CHECKNBR CKDATE VENDOR AMOUNT 222100 9/25/2008 MARONDA HOMES 125.82 222101 9/25/2008 CAPITAL OFFICE PRODUCTS 2,020.85 222102 9/25/2008 MASTELLER & MOLER INC 7,486.93 222103 9/25/2008 LOVELADY, AMY & CLARK 50.00 222104 9/25/2008 D P SERVICE COMMERCIAL CLEANING 900.00 222105 9/25/2008 ELIZABETH POWELL 316.30 222106 9/25/2008 BEACHLAND CLEANING SERVICE 970.00 222107 9/25/2008 LEU, BRADLEY T 64.91 222108 9/25/2008 HARCROS CHEMICALS, INC. 15,838.44 222109 9/25/2008 CHAD SMITH 8.46 222110 9/25/2008 GLOVER OIL COMPANY INC 51,873.49 222111 9/25/2008 SCHOLASTIC LIBRARY PUBLISHING 263.36 222112 9/25/2008 TREASURE COAST FOOD BANK 401.39 222113 9/25/2008 COAST TO COAST BUILDERS OF FLORIDA INC 8,845.00 222114 9/25/2008 SURIANO, DEAN & ANN MARIE 41.16 222115 9/25/2008 STEVE FAISON 126.00 222116 9/25/2008 LUCAS MARINE CONSTRUCTION LLC 232,146.32 222117 9/25/2008 PASSAGE ISLAND HOMES INC 147.16 222118 9/25/2008 JOE RIVERA 144.00 222119 9/25/2008 DANE PFARR 234.00 222120 9/25/2008 JACOB GEIB 252.00 222121 9/25/2008 MICHAEL SPINA 120.00 222122 9/25/2008 UNITED MEDICAL INDUSTRIES CORP 103.00 222123 9/25/2008 JACK ICE AND JAVA 760.00 222124 9/25/2008 RAYNOEL,JR 100.00 222125 9/25/2008 FORT DEARBORN LIFE INSURANCE 664.95 222126 9/25/2008 WILLIAMS, EDITH 114.52 222127 9/25/2008 REILLY CONSTRUCTION & DEVELOPMENT 225.00 222128 9/25/2008 SHELBY HOMES AT OSLO INC 150.34 222129 9/25/2008 BOLINDA PUBLISHING CO 97.60 222130 9/25/2008 1ST FIRE & SECURITY INC 200.00 222131 9/25/2008 CONSOLIDATED ELECTRICAL DISTRIBUTORS 552.20 222132 9/25/2008 KENNY CAMPBELL JR 122.50 222133 9/25/2008 MA YNIE THORNE 30.00 222134 9/25/2008 COVERALL CLEANING CONCEPTS 1,903.00 222135 9/25/2008 CITIMORTGAGE INC 7,097.32 222136 9/25/2008 PETER O'BRY AN 39.49 222137 9/25/2008 JAMES DUNCAN & ASSOCIATES INC 5,000.00 222138 9/25/2008 POOLE AND KENT OF FLORIDA 1,412,985.77 222139 9/25/2008 ALAIMO, LOUIS 58.29 222140 9/25/2008 JANICE BRODA 60.00 222141 9/25/2008 ROGER STEFL 500.00 222142 9/25/2008 SCHLITT & ASSOCIATES REAL ESTATE LLC 500.00 222143 9/25/2008 ST FRANCIS ANIMAL HOSPITAL 284.75 222144 9/25/2008 DAWN E MILLER 160.00 222145 9/25/2008 MUNICIPAL WATER WORKS 12,343.10 222146 9/25/2008 MOBERLY, LAURA & DAVE 35.74 222147 9/25/2008 IRONWOOD PROPERTIES INC 191.49 222148 9/25/2008 TERRY TANKERSLY 162.00 222149 9/25/2008 PRUDENTIAL STAR REAL ESTATE 36.30 222150 9/25/2008 SENIOR RESOURCE ASSOCIATION 154,346.93 222151 9/25/2008 LORA CARCH PARAZIDE 30.00 222152 9/25/2008 NATCO 10,000.00 222153 9/25/2008 CAPT'NKOOL 150.00 222154 9/25/2008 SCHWARTZ, ELLIOT 2.34 222155 9/25/2008 CHARLES A WALKER 360.00 222156 9/25/2008 POLICASTRO & LEROUX P A 6,502.11 222157 9/25/2008 DASH DOOR & CLOSURE SERVICE, INC. 575.00 222158 9/25/2008 F2 INDUSTRIES LLC 10,336.92 222159 9/25/2008 COMSOURCE CONSULTING INC 35.89

5 16

CHECKNBR CKDATE VENDOR AMOUNT 222160 9/25/2008 TANTOR MEDIA INC 80.98 222161 9/25/2008 FREIJO, OSCAR 107.30 222162 9/25/2008 DI VOSTA HOMES L P 263.27 222163 9/25/2008 CEMEX 13,177.73 222164 9/25/2008 ROYCE, MICHAEL 7.00 222165 9/25/2008 CENTEX HOMES 461.99 222166 9/25/2008 LENNAR HOMES 133.62 222167 9/25/2008 ALLYS ON FOWLER 64.89 222168 9/25/2008 GL HOMES BUILDING CORP 131.08 222169 9/25/2008 HUSS DRILLING 304.48 222170 9/25/2008 SNOW, JACQUES & DENISE 12.44 222171 9/25/2008 STONEFTRLD, JAMES M 11.46 222172 9/25/2008 PEPPERIDGE FARM #615 52.24 222173 9/25/2008 DONNINI ENTERPRISES INC 51.90 222174 9/25/2008 CURTIS, BURNIE 29.10 222175 9/25/2008 ELROD, GREGORY 6.66 222176 9/25/2008 BAIRD, JAMES & KAREN 40.68 222177 9/25/2008 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2,000.00 222178 9/25/2008 SELF, KATHRYN B 78.32 222179 9/25/2008 ANDERSON, DENIS 72.96 222180 9/25/2008 GREEN, EDDIE 21.94 222181 9/25/2008 NORRIS & COMPANY REAL ESTATE 52.69 222182 9/25/2008 KELLER, SHARON 78.32 222183 9/25/2008 BARONE, GAETANO 97.78 222184 9/25/2008 JINDRAK, MISTY 78.32 222185 9/25/2008 SANDY PINES LTD 208.81 222186 9/25/2008 DAMBRA, ARLEEN 10.82 222187 9/25/2008 BALLANCE, EVELYN C 36.94 222188 9/25/2008 POWELL, GLENN E 39.50 222189 9/25/2008 FEDON, ELIZABETH 34.39 222190 9/25/2008 CAPPONI, GIANNINO 8.12 222191 9/25/2008 PALMER SR, JOHN J & EMILY 40.40 222192 9/25/2008 RUCKER, KEVIN W & JOANNE 14.72 222193 9/25/2008 JOHNSON, MICHAEL 32.20 222194 9/25/2008 KOCH, CATHERINE & MICHAEL 63.41 222195 9/25/2008 PELOUS, JONATHAN 1.51 222196 9/25/2008 PICKERILL, TIMOTHY 62.68 222197 9/25/2008 VUKOVICH, KERRY 93.90 222198 9/25/2008 CHRISTODOULIDES, PARIS G 72.44 222199 9/25/2008 PETERS, FAWN 43.20 222200 9/25/2008 NIXON, JAMES P 19.34 222201 9/25/2008 CURCIO, LAWRENCE & DONNA 500.00 222202 9/25/2008 WIEDEMANN, MIKE 40.41 222203 9/25/2008 KIRKBRIDE, EARLE 145.22 222204 9/25/2008 GRAND EXPECTATIONS 100.88 222205 9/25/2008 BRANIGAN, KEVIN 57.49 222206 9/25/2008 RHODES, TERI 35.11 222207 9/25/2008 COFFEY, SCOTT 11.45 222208 9/25/2008 JUPITER GARDENS LLC 73.40 222209 9/25/2008 KYLES ELECTRIC SERVICE INC 675.00 222210 9/25/2008 COOLERSMART 244.65 222211 9/25/2008 AQUIFER MAINTENANCE & PERFORMANCE 280.00 222212 9/25/2008 JONES EQUIPMENT 4,971.00 222213 9/25/2008 FLORIDA AQUASTORE INC 1,896.00 222214 9/25/2008 STEVE SUPPLEE CONSTRUCTION LLC 23,040.00 222215 9/25/2008 ADPRO GRAPHICS & PRINTING, INC. 235.00 222216 9/25/2008 STONE DESIGN, INC 250.00 222217 9/25/2008 C.E. HOOD CONSTRUCTION 3,900.00 222218 9/25/2008 BIO-TECH CONSULTING, INC. 800.00 222219 9/25/2008 HOLJDA Y BUILDERS 91.62

6 17

CHECKNBR CKDATE VENDOR AMOUNT 222220 9/25/2008 P.E.M. SURFACE CREATIONS 500.00 222221 9/25/2008 P.E.M. SURFACE CREATIONS 500.00 222222 9/25/2008 MARTHA CSURI 95.56 222223 9/25/2008 M & S ELECTRIC MOTOR & PUMP REPAIR 120.00 222224 9/25/2008 HOOVER, MARGARET 78.32 222225 9/25/2008 BOTTOMLEY, TERESA 40.41 222226 9/25/2008 DRAWDY, CHRISTOPHER 19.15 222227 9/25/2008 VERRET, SIGURD 34.43 222228 9/25/2008 HERNANDEZ, OLGA 38.41 222229 9/25/2008 NORRIS & COMPANY REAL ESTATE 40.41 222230 9/25/2008 ELSASSER, MINNIE 70.75 222231 9/25/2008 SPANN, WILLIE 7.48 222232 9/25/2008 PEDRO, NATALIE 46.30 222233 9/25/2008 MILLS, JAMES 36.94 222234 9/25/2008 RODRIGUEZ, MARIA DEL CARMEN 5.76 222235 9/25/2008 EZELL, JOSEPH 68.22 222236 9/25/2008 STEVENS JR, WAYNE T 8.50 222237 9/25/2008 KEATINGS, SHEILA A 28.60 222238 9/25/2008 FRANCISCO, ROBERT A & JOAN C 62.60 222239 9/25/2008 Y-COM 638.98 222240 9/25/2008 Y-COM 328.41 222241 9/25/2008 MISSIMER, WILLIAM B 38.07 222242 9/25/2008 PRIDEMORE ENTERPR /BUDGET CUSTOM CARS 23.58 222243 9/25/2008 LAVERY, PAULA 8.49 222244 9/25/2008 MCNEAL, ANDREA 89.30 222245 9/25/2008 SANCHEZ, LEE ONNA 21.14 222246 9/25/2008 ROLAND, RANDY H & TINA M 69.02 222247 9/25/2008 BLOIS, DENECIA 9.10 222248 9/25/2008 SUTER, NATHANIEL A 13.57 222249 9/25/2008 WARREN, BECKY 3.64 222250 9/25/2008 JOOSTEN, CANDICE 18.39 222251 9/25/2008 THOMPSON, JEREME 88.54 222252 9/25/2008 DEL VECCHIO, JOSE 67.80 222253 9/25/2008 RAMIREZ, GEORGE 28.56 222254 9/25/2008 WEISS, MARY 63.65 222255 9/25/2008 TILY, SUSAN 32.65 222256 9/25/2008 GUERIN, STEPHANIE & ERIC 73.58 222257 9/25/2008 DE SILVA, WALES & MAGNA 31.53 222258 9/25/2008 KIMBALL, LEE B & DIANE 66.40 222259 9/25/2008 BOLAND, ALISON 20.35 222260 9/25/2008 BLUM, PHILIP R 23.74 222261 9/25/2008 YOUNG, MICHELLE 63.76 222262 9/25/2008 FLEURY, NORMAN 36.80 222263 9/25/2008 DEUTSCHEBANKNATL TRUST 4.52 222264 9/25/2008 FAULKNER, KELLY 29.85 222265 9/25/2008 DROUIN, BIANCA 21.19 222266 9/25/2008 GRAFFAM, ANDREA 26.29 222267 9/25/2008 MERSCHAT SR, KURT A 63.65 222268 9/25/2008 KEELEY, MICHAEL 31.87 222269 9/25/2008 DIXON JR, MATTHEW 7.55 222270 9/25/2008 EPSTEIN, NEAL A 3.64 222271 9/25/2008 BRACKETT, LISA 9.15 222272 9/25/2008 NUTTER, BRANDYN 38.65 222273 9/25/2008 BRIGMAN, JENNIFER 33.32 222274 9/25/2008 COOK,KARA 56.18 222275 9/25/2008 GOULET, JACQUES A 51.90 222276 9/25/2008 AUSTIN, BLAINE 61.38 222277 9/25/2008 HIBSER, JOYCE M 35.74 222278 9/25/2008 FULLER, LESLIE M 57.49 222279 9/25/2008 PADILLA, GLORIA 61.03

7 18

CHECKNBR CKDATE VENDOR AMOUNT 222280 9/25/2008 MASON, JENNIFER R 21.26 222281 9/25/2008 SIMPSON, MICHAEL 2.87 222282 9/25/2008 MERCHANT, JOHN E 35.49 222283 9/25/2008 GILLESPIE, JOHN 64.79 222284 9/25/2008 FAFEITA, KARRIE 45.61 222285 9/25/2008 ALTIZER, GARY 20.32 222286 9/25/2008 GERVAIS, NONA 27.34 222287 9/25/2008 HARDUBY, CHARLES W 16.98 222288 9/25/2008 MUSIC, WILLIAM 4.00 222289 9/25/2008 ROBICHAUD, DAVID W 71.07 222290 9/25/2008 SUMNER, JOAN B 37.85 222291 9/25/2008 MANN, JEREMY 29.30 222292 9/25/2008 0 BRIEN, JAMES H 73.58 222293 9/25/2008 COOK, ANGELA 78.42 222294 9/25/2008 MCFALL, MEGAN 2.59 222295 9/25/2008 LINDSEY, JENIFER 47.16 222296 9/25/2008 SCHLACHTER, DONNA 9.16 222297 9/25/2008 WALKER, NATHAN M 40.41 222298 9/25/2008 GORDON, JOHN 135.32 222299 9/25/2008 GULFSTREAM CONTRACTORS INC 293.87 222300 9/25/2008 BRADFORD, NOLA 77.13 222301 9/25/2008 KOPCHAK, MARY 89.37 222302 9/25/2008 TROXELL, MARY C 20.82 222303 9/25/2008 NU TECH GROUP 295.00 222304 9/25/2008 MARY NELSON 544.06 222305 9/25/2008 SHANNON STALHUT 110.00 222306 9/25/2008 JOHNCOE 8.23 222307 9/25/2008 JAMES DUPUIS 20.78 222308 9/25/2008 MENTO RIA ROSS 295.00 222309 9/25/2008 RUSCH, DEBBIE LEE 35.05 222310 9/25/2008 FIELD ASSET SERVICES INC 57.43 222311 9/25/2008 BUSTAMANTE, MARWY 21.68 222312 9/25/2008 FOX JR, CHRISTOPHER S 5.26 222313 9/25/2008 EIERS, ROGER & CORAL 38.07 222314 9/25/2008 CARDELL, BURKE 13.17 222315 9/25/2008 CARVELL, SUSAN 34.39 222316 9/25/2008 CORLEY, BRUCE 19.07 222317 9/25/2008 MALCOMSON, DEBRA J 85.34 222318 9/25/2008 SUAREZ, ANTONIO 33.19 222319 9/25/2008 LUEDEKE, THERESA 26.23 222320 9/25/2008 PENA, PRISCILLA J 323.29 222321 9/25/2008 ANDRADE, JEANICE 19.59 222322 9/25/2008 BLUNT, REBECCA 18.70 222323 9/25/2008 ZERBE, MICHELLE L 27.99 222324 9/25/2008 HUTCHINSON, BETH & CHARLES 39.41

Grand Total: 3,474,963.21

8 19

WIRES SENT

CHECKNBR CKDATE VENDOR AMOUNT 522 9/19/2008 ICMA RETIREMENT CORPORATION 1,470.00 523 9/19/2008 NACO/SOUTHEAST 27,005.40 524 9/19/2008 FLSDU 9,246.37 525 9/19/2008 ICMA RETIREMENT CORPORATION 28,990.52 526 9/19/2008 IRS-PAYROLL TAXES 464,951.07 527 9/19/2008 SCHOOL DISTRICT OF I R COUNTY 41,632.20 528 9/19/2008 ASSURANCE TITLE LLC 6,824,500.00 529 9/19/2008 ICMA RETIREMENT CORPORATION 9,187.50 530 9/19/2008 IRS-PAYROLL TAXES 266.44 531 9/23/2008 BEACHLAND CLEANING SERVICE 52,193.00 532 9/23/2008 GIANNETTI CONTRACTING CORP 133,929.09

Grand Total: 7,593,371.59

1 20

CONSENT AGENDA: 10/07/08

Cffia;of INDIAN RIVER COUNTY

ATTORNEY

William G. Q,Jlins II, O:>unty Attorney William K. DeBraal, Deputy O:>unty Attorney Marian E. Fell, Senior Assistant County Attorney George A Glenn, Assistant County Attorney

MEMORANDUM

TO: The Board of County Commissioners

FROM: uJL .. Williarn G. Collins II - County Attorney

DATE: September 30, 2008

SUBJECT: Isles at Waterway Village PO- Plats 1A and1 B Request for Sidewalk Extensions Developer: DiVosta Homes, L.P.

DiVosta Homes, L.P. entered into Contracts for Construction of Required Sidewalk Improvements to guarantee completion of sidewalks within Plats 1A and 1 B by July 18, 2008, and posted a letter of credit as supporting security for each of 1A and 1 B sidewalks. ·

Per Indian River County Code, developers may delay construction of required sidewalk segment(s) for a period of two years beyond the final plat approval date of the corresponding subdivision development with the ability to extend the contract for construction and posted security at a rate of two years for every eight project lots which received final plat approval, however at no time can the contract for construction be extended beyond ten years following final plat approval. Final plat approval was received on July 18, 2006 for both 1 A and 1 B.

In this instance, the sidewalks were not completed by July 18, 2008. The developer has indicated that due to the pace of house sales within Waterway Village, the sidewalk construction has not been completed. Further, if the sidewalks were to be completed at this time, extensive damage would occur during home construction, thus requiring replacement of the sidewalks.

The developer has requested the Board of County Commissioners consider the granting of a 2-year extension to July 18, 2010 to complete the required sidewalks; and as an inducement to granting same, has provided an amendment to the existing sidewalk letters of credit, has executed a Modification to each sidewalk contract, and has paid the extension request fee for each of 1A and 1 B

APPROVED FOR· ! 0- 7' v ,£ B.C.C MEETING ~· T ~GENOA

4E ~Y •

lndiWI Riur Co.

Admin. '

Legal

Budge\

Dept.

l'llsk Mar.

A~ed Dale

( Q) /01 I /0'6 Ol :n 4/~/"" ~ ~ to l{fJ&

'/ tO. 'doo 1.1 -

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21

Staff has no objection to the 2-year extension but is only bringing this matter before the Board because the developer failed to contact the County to request an extension until after the contract had expired.

Attached for your consideration are:

• Modification to Contract for Construction of Required Sidewalk Improvements No. PD-05-04-08(A)SIDE (200401 0124-53689) extending the date to complete the remaining required sidewalk improvements within Plat 1A to July 18, 2010 (with supporting security extension)

• Modification to Contract for Construction of Required Sidewalk Improvements No. PD-05-04-08(B}SIDE (200401 0124-53690) extending the date to complete the remaining required sidewalk improvements within Plat 1 B to July 18, 2010 (with supporting security extension)

RECOMMENDATION:

Approve the sidewalk extensions for an additional two years (to July 18, 201 0}, and authorize the Chairman to execute each Modification to Contract for Construction of Required Sidewalk Improvements.

nhm Attachments: Developer requests

Modifications to Contract

2

22

FEDERAL EXPRESS

September 25, 200 8

Nancy Mossali Legal Assistant Office of County Attorney Indian River County Community Development Department 1801 27"' Street Vero Beach, FL 32960 Ph: 772-226-1425

Re: Isles at Waterway Village PD-Plat lA Letter of Credit #P003440 in the amount of $124,331.63 Sidewalk Security

Dear Nancy:

DiVosta Homes LP respectfully submits that an extension is needed for the above noted Letter of Credit and requests to be placed on the October 7, 2008 County Commission agenda. Due to the pace of house sales in Waterway Village, we have been unable to complete sidewalk construction. Should sidewalk construction be completed at this time, extensive damage would occur during home construction and would require replacement of sidewalks.

We respectfully request an extension on this Letter of Credit. Attached please find check #0091160820 in the amount of $445 to cover the county extension fee and there are no modifications planned.

Thank you.

Very truly yours,

PULTE HOME CORPORATION

JY r~oSTA H=~s LP

~~~--Diana Cabrera for Christopher Ward Director, Land Development

PULTE HOME CORPORATION 4901 Vineland Road Suite 500 Orlando. FL 32811

Phone: 407-447-9600 Fax: 407-447-9601

23

FEDERAL EXPRESS

September 25, 200 8

Nancy Mossali Legal Assistant Office of County Attorney Indian River County Community Development Department 1801 27'h Street Vero Beach, FL 32960 Ph: 772-226-1425

Re: Isles at Waterway Village PD-Plat lB Letter of Credit #P003437 in the amount of $199,894.50 Sidewalk Security

Dear Nancy:

DiVosta Homes LP respectfully submits that an extension is needed for the above noted Letter of Credit and requests to be placed on the October 7, 2008 County Commission agenda. Due to the pace of house sales in Waterway Village, we have been unable to complete sidewalk construction. Should sidewalk construction be completed at this time, extensive damage would occur during home construction and would require replacement of sidewalks.

We respectfully request an extension on this Letter of Credit. Attached please find check #0091160821 in the amount of$445 to cover the county extension fee and there are no modifications planned.

Thank you.

Very truly yours,

PULTE HOME CORPORATION DB IVOSTAHOMES LP

Diana Cabrera for Christopher Ward Director, Land Development

PUL TE HOME CORPORATION 4901 Vineland Road Suite 500 Orlando, FL 32811

Phone: 407-447-9600 Fax: 407-447-9601

24

IsleS at WateiwayVillage·PD- Plat 1A

MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK

IMPROVEMENTS NO. PD-05-04"0S{A)SIDE (200401 0124-53689)

THIS MODIFICATION, made and entered into this __ day of October, 2008, by and between DiVosta Homes, L.P ., a Delaware limited partnership, hereinafter referred to as "Developer'', and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as"County".

WITNESSETH:

WHEREAS, Developer entered into a Contract for Construction of required Sidewalk Improvements No. PD-05c04-08(A)SIDE (200401 0124,53689) guaranteeing the completion of certain required sidewalk improvements on or before July 18, 2008 and posted a SunTrust Bank letter of credit as security to guarantee completion: and

WHEREAS, a portion of sideWalk improvements has been completed; and

WHEREAS, the developer has

(X)

( )

()

()

requested an additional two-year extension to July 18, 2010 to complete the remaining required sidewalk improvements:

requested a substitution of security

requested a reduction in the amount of security necessary to complete the remaining sidewalks; and

provided an updated certified cost estimate attached as Exhibit "A";

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:

1. The date for completion of the required sidewalk .improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No. PD-05-04-0B(A)SIDE (2004010124-53689) is extended to July 18, 2010.

25

"'·"· '·"'·'''"'' . . ,.,,,,,"'""'''·"'·'"·"·''", "'"_·'' ·' .. ···' -' .... · _·' ·-····'·' , . ·'··''·'··· . ::,:':"'.'.:: :::''·-·.:' ":'::':·: :' , '.:" _':':: =: ':;;~:c' 2. The $124,331.63 sunTrust Bank Irrevocable i..etter of Cr!:)dit No.

P003440 has been amended to extend the e)(piration date to October 18, 2010 (which is 90 days beyond the newly extended date to complete the sidewalks).

3. All other terms set out in the Contract for Construction of Required Sidewalk Improvements No. PD-05-04-0B(A)SIDE (2004010124c53689) remain ifl ftJII foree .fiFlCJ effect.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written.

Signed in the presence of:

ATTEST: J. K. Barton, Clerk of Court

By: ______ =-~~~------Deputy Clerk

APPROVED AS TO FORM AND LEGAl. SUFFICIENCY

BV Lif"..Y tY/ttzde WILLIAM G. COLLINS II

COUNTY ATTORNEY

DIVOSTA HOMES, L.P., a Delaware limited partnership ·

DEVELOPER

By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, General Partner

INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners

By:·-=-~---:--=----::-----=:---:----Sandra L.Bowden, Chairman ·

Plat approved: July 18, 2006

2 F:\A..ttorney\Nancy\DOCS\PLAN\waterway 1A sidewalk modification.doc

26

LETTER OF 'tgEhr'{ ~pMBER P003440

AMENDMEN.T DATE: SEPTEMBER 24, 2008

APPLICANT: D~VOSTA HOMES, L.P. 4J01 ylNELAND ROAD, I 500 ORLAND~, FL 32811

BENEFICIARY: !NDlAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

•'(),B)O'~ .:27-TH STREET yERO J!l~:ACH, FL 3 2 9 50

THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT AND MUST BE A.TTACHED THERETO.

AMENDMENT NO. 001

APPLICANT ADDRESS NOW READS AS A'j3()yE.

BENEFICIARY ADDRESS NOW READS AS ABOVE.

EXPIRATION DATE NOW READS OCTOB.ER 18, 2010 ..

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

PLEASE DIRECT ALL INQUIRIES TO:

SUNTRUST INTERNATIONAL DIVISION ATTN: LETTER OF CREDIT DEPARTMENT 2.:5 PARK PLACE, 15TH FLOOR, MC 3 7 0 7

;A'r}.iANTA, GEORGIA 30303 PHONE: 800-951-.7847. SE.LECT OPTION 3, THEN OPTION 1 FAX: 404-S1\8-8l,Z'9

SINCERELY,

105

27

ls!es .af Waterway Village PD·- Plat -1 B

MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK

IMPROVEMENTS NO. PD-05·04-0S(B)SIDE (2004010124·53690)

THIS MODIFICATION, made and entered into this __ day of October, 2008, by and between DiVosta Homes, L.P, a Delaware limited partnership, hereinafter referred to as "Developer', and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through · its Board of County Commissioners, hereinafter referred to as "County".

WITNESSETH:

WHEREAS, Developer entered into a Contract for Construction of required Sidewalk Improvements No. PD-05-04-08(B)SIDE (2004010124-53690) guaranteeing the completion of certain required sidewalk improvements on or before July 18, 2008 and posted a SunTrust Bank letter of credit as security to guarantee completion; and

WHEREAS, a portion of sidewalk improvements has been completed; and

WHEREAS, the developer has

(X ) requested an additional two-year extension to July 18, 2010 to complete the remaining required sidewalk improvements;

( ) requested a substitution of security

( ) requested a reduction in the amount of security necessary to complete the remaining sidewalks; and

( ) provided an updated certified cost estimate attached as Exhibit "A";

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:

1. The date for completion of the required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No. PD-05-04-08(B)SIDE (2004010124-53690) is extended to July 18, 2010.

28

2. The $199,894.5o sur1frusi E!arii< lrrel.locai:>ie tetter of crectitNo. P003437 has been amended to extend the expiration date to October 18, 2010 (which is 90 days beyond the newly extended date to complete the sidewalks).

3. All other terms set out in the Contract for Construction of Required Sidewalk Improvements No. PD-05-04-08(B)SIDE (2004010124"53690} remain · #ull furee and effuot. ·

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written.

Signed in the presence of:

ATTEST: J. K. Barton, Clerk of Court

By: __ "'"""";o---:---,::-;---:---Deputy Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY ''f.._;..-,1.(' ~02u.-v{ WILLIAM G. COLLINS II

COUNTY.ATTORNEY

DIVOSTA HOMES, L.P.,a Delaware limited partnership

DEVELOPER

By DIVOSTA HOMES HOLDINGS, LLC, a D.elaware limited liability company, General Partner

INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners

By:-----------Sandra L. Bowden, Chairman

Plat approved: July 18, 2006

2

F:\Attorney\Nancy\DOCS\PLAN\wate;o.vay 18 sidewalk modification.doc

29

LETTER OF .dR}:nff N\HtBEFI P003437

AMENDMEN-T DATE: SEPTEMBER 24, 2008

APPLICANT: DIVOSTA HOMES, L.P. 4901 VINELAND ROAD, • 500 ORLAND.O, FL 3 2 B ll

BENEFICIARY: INDIAN RIVER COUN~Y BOARD OF COUNTY COMMISSIONERS lf\01, 2 ?.TH STREET VER.O Ii];:ACH, FL 3 2 960

THIS AMENDMENT IS, TO BE .. CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT ANP~~ifu::fT 'el'f' )\.TTACHED THERETO.

~ :' ·:,:<:,

AMENDMENT NO. 001

APPLICANT ADDRESS NOW READS AS ksbv,~'. , BENEFICIARY ADDRESS NOW READS-~-~- ~BOVE. EXPIRATION DATE NOW READS OCTOBER 18, 201Qj

,;'

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

PLEASE DIRECT ALL INQUIRIES TO:

SUNTRUST INTERNATioNAL DIVISION AT-TN: LETTER OF CREDIT DEPARTMENT· 2S FARK PLACE, l.6TH FLOOR, MC aio? ATLANTA, GEORGIA 30303 . PHONE: BOO-~Sl.~784? •. SELEC~ OPTION 3, THEN OPTION 1 FAX: 404-588~81'2_"9 .

SINCERELY,

ST BANK li"\ ~'J:~h: n:.:-r~hE1

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30

Office of INDIAN RIVER COUNTY

ATTORNEY

William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Senior Assistant County Attorney George A. Glenn, Assistant County Attorney

MEMORANDUM

TO:

THROUGH:

FROM:

Board of County Commissioners

Chris Mora, Assistant Public Works Director 0;:n William K. DeBraal, Deputy County Attorney fV ~


SUBJECT: American Cancer Society "Making Strides Against Breast Cancer Walk"

The Treasure Coast Area of the American Cancer Society will hold its annual "Making Strides Against Breast Cancer Walk" on October 18, 2008 beginning at the Sebastian River Medical Center at 9:00 A.M. The walk will begin at the Medical Center and travel to U.S. 1, then to Roseland Road and returning to the Medical Center on 1351

h Street. The participants will walk two laps of the route to complete 5 kilometers (3.1 miles). County staff has given the American Cancer Society permission to use County roads for the walk and the Florida Department. of Transportation has asked for a resolution from the Board in order that U.S. 1 may be used in the course of the walk.

Recommendation: Staff recommends that the Board approve the attached resolution.

c: Nancy Madsen, Area Executive Director

APPROVED FOR I 0 .I · 0 2' B.C.C .IY1t~3 ~Erff _pGENDA.

~~~~k{·~h~~----~ . COUNTY A HORNEY

ludian River Co.

Admin.

Co.,I.Uy.

Budget

Dept.

RhkMgr.

A proved Date

~) ;o- l-ot IHil d I {'fl- !-o~ .-l:.-

::::V.) f•-t -o& lL.-

31

RESOLUTION NO.

A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE AMERICAN CANCER SOCIETY MAKING STRIDES AGAINST BREAST CANCER WALK.·

WHEREAS, the American Cancer Society is the nation wide community based volunteer health organization dedication to eliminating cancer as a major health problem; and

WHEREAS, the American Cancer Society's goal is to prevent cancer, save lives, and diminish suffering from cancer through research, education, advocacy and service; and

WHEREAS, in order to raise awareness of breast cancer, the American Cancer Society will hold a" Making Strides Against Breast Cancer Walk" on October 18, 2008; and

WHEREAS, the walk will begin at approximately 9:00 A.M. at the Sebastian River Medical Center and proceed south bound on U.S. 1 to Roseland Road then on to 1351

h Street back to the hospital; and

WHEREAS, the route will be walked two times for a total of 5 kilometers (3.1 miles); and

NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

1. The Board of County Commissioners supports the American Cancer Society Treasure Coast Area "Making Strides Against Breast Cancer Walk".

2. The Board gladly authorizes use of any County roads or sidewalks for the walk.

3. The Board encourages all citizens to support the participants in the "Making Strides Against Breast Cancer Walk" on Saturday, October 18 at 9:00A.M. at the Sebastian River Medical Center.

This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows:

Chairman Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler

1

32

RESOLUTION NO.

The Chairman thereupon declared the resolution duly passed and adopted this __ day of , 2008.

Attest: J. K. Barton, Clerk

By_~-~~~----Deputy Clerk

William K. DeBraal · Deputy County Attorney

INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners

By ___________ ~~~-----Sandra L. Bowden, Chairman

2

33

Office qf Consent Agenda 10/7108

INDIAN RIVER COUNTY ATTORNEY


MEMORANDUM

TO: Board of County Commissioners

FROM: ~Fell, Senior Assistant County Attorney

DATE: October 1, 2008

SUBJECT: Resolution in support of Amendment 6- Proposed Constitutional Amendment for Working Waterfront Properties

At the September 23, 2008 meeting of the Board of County Commissioners, the County Attorney's Office was authorized to draft a resolution in support of Amendment 6 - Proposed Constitutional Amendment for Working Waterfront Properties. The requested resolution has been prepared and is included with this item.

Recommended Action: Approve the resolution in support of Amendment 6 -Proposed Constitutional Amendment for Working Waterfront Properties and authorize the Chairman to execute the resolution as presented.

COUNTY ATT~EJi'

lndim RiY« Ca A~croved Date

Admin. (\_ 141 /';? ;, /tig Legal ~ I?":" ib-1-z:i Budget - ~

-Dept. -Risk Mgr. r /""

34

RESOLUTION NO. 2008-__

A RESOLUTION OF THE INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS IN SUPPORT OF CONSTITUTIONAL AMENDMENT NO. 6, ARTICLE VII, SECTION 4, ARTICLE XII, NEW SECTION BEARING THE BALLOT TITLE OF "ASSESSMENT OF WORKING WATERFRONT BASED UPON CURRENT USE" ON THE NOVEMBER 4, 2008 GENERAL ELECTION BALLOT.

WHEREAS, the Constitution of the State of Florida, as revised in 1968 and subsequently amended, created the Taxation and Budget Reform Commission to, among other things, examine the appropriateness of the tax structure of the state and examine constitutional limitations on taxation and expenditures at the state and local level and to hold public hearing throughout the State of Florida on its proposals for revisions to the Constitution; and

WHEREAS, in April, 2008, the Taxation and Budget Reform Commission adopted a resolution proposing a Constitutional Amendment to provide for the assessment of working waterfront property based on current use; and

WHEREAS, the Marine Industries Association of the Treasure Coast, Inc. requested that the Indian River County Board of County Commissioners ("Board") adopt a resolution in support of Constitutional Amendment No. 6, Assessment of Working Waterfront Property based upon Current Use as the Constitutional Amendment will allow the marine industry to continue to provide public access waterfront properties for Floridians, tourist and future generations; and

WHEREAS, according to the Marine Industries Association of the Treasure Coast, Inc., the marine industry contributes over 18 billion dollars to the economy of Florida and provides 220,000 jobs; and

WHEREAS, if approved by the voters of the State of Florida at the November 4, 2008 General Election, the proposed Constitutional Amendment No. 6 will provide tax relief to working waterfront facilities locally and throughout the State of Florida; and

WHEREAS, on September 23, 2008, the Board approved the drafting of a resolution in support of Constitutional Amendment No. 6"

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. The Board· supports the efforts of the Marine Industries Association of the Treasure Coast, Inc. in connection with Constitutional Amendment No. 6.

2. The Board supports Constitutional Amendment No. 6 - Assessment of Working Waterfront Properties based on Current Use.

1

35


3. The Board encourages the voters of Indian River County to become informed on the merits of Constitutional Amendment No. 6 and to vote "Yes" on Constitutional Amendment No. 6 in the November 4, 2008 General Election.

This Resolution was moved for adoption by Commissioner ---~----.,.--:--' and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows:

Chairman Sandra L. Bowden

Vice-Chairman Wesley S. Davis


Commissioner Peter D. O'Bryan

Commissioner Gary C. Wheeler

DULY PASSED AND ADOPTED THIS 7th DAY OF OCTOBER, 2008.


INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

By~~~~~~--~~-----Sandra L. Bowden, Chairman

By __ =---~~-----------Deputy Clerk

A.· ?·· r.·oved as to form a~d legal sufficiency: / /1 _------;:::,~

;· / ~ '----~~

/~afian E. Fell, Senior Assistant County Attorney

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM

Joseph A. Baird, County Administrator ...

James W. Davis, P.E., Public Works Director~ AND (': _, Christopher Mora, P .E. Assistant Public Works Director {._/Y"'

Robert Webb, Land Acquisition Specialis0/

Elwill Associates Inc, Stormwater Retention Pond Oslo Road Improvements Phase II

Parcel I. D. # 33-39-22-00001-0160-00009.1

September 17,2008 CONSENT AGENDA

DESCRIPTION AND CONDITIONS

Indian River County is currently in the design stage of Oslo Road Phase II improvements. Phase II is the segment of Oslo Road between 27th Avenue and 43'd Avenue. The acquisition of this parcel will complete the requirements for the storm water retention needs for Phase II of the Oslo Road Improvement Project. Cumberland Farms located on the northeast comer of 27th Avenue and Oslo Road along with the Beal property located on Oslo Road are the two remaining parcels where right of way needs to be acquired before construction can commence.

Elwill Associates Inc. owns a 4.77- acre parcel of property located on Oslo Road. They have agreed to sell a 1.926- acre portion of the property or 83,880 square feet. They have executed an "Agreement to Purchase and Sell Real Estate" for the amount of$293,580. The per square foot cost is $3.50. The property is zoned RS-3 and located in a corridor of residential homes and commercial properties that have been appraised for a much higher value than $3.50 per square; foot .. Indian River Federal Credit Union is constructing a banking facility on the front commercial portion of the property on Oslo Road.

Elwill Associates have agreed to grant a 15' utility easement down the western boundary of the property for access to the stormwater area as defined in the Developers Agreement between Indian River County, Indian River Federal Credit Union and Elwill Associates Inc. (exhibit "B ")

There are no attorney's fees or appraisal fees.

37

\

PAGE TWO BCCAgenda

ALTERNATIVES AND ANALYSIS

1. Approve the Agreement as presented;

2. Reject the terms of the Agreement and continue negotiations.

RECOMMENDATIONS

Staff recommends Alternative No. 1 by which the Board of County Commissioners approves the $293,580.00 purchase and authorizes the Chairman to execute the Agreement.

Funding will be from Account# 10215341-066210-06018

ATTACHMENTS

1. Two "originals" of the Purchase Agreement with (Exhibits "A") 2. Developer's Agreement (Exhibit "B")

DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher Mora, P.E. Assistant Public Works Director 3) Tim Slater, Elwill Associates Inc.

APPROVED AGENDA ITEM For: Agenda October07, 2008

Consent Agenda

BYO""•p1n~ Indian River Approved Date County ~

Administration D iOI I o( Budget ~ qj ?1J CfD Legal 11 lfL' "\1. C((-z>l 'd'

• ;::.-., Public Works ,---- /, 9 '2.2 o'Yf Engineering a ~\)I( </-,;_; _,.g Land Acquisition ~ '(-J.J.-~8

38

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE C'Agreement") is made and entered into as of the __ day of 2008 by and between Indian River County, a political subdivision ofthe State of Florida ("County"), and Elwill Associates Inc. whose address is 319 Monroe Drive West Palm Beach, FL 33405 ("Sellers'1,· who agree as follows:

1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 7th Street Vero Beach. Fl32960 (see attached Exhibit "A") County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference containing approximately 1.93 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property'). Subject to the terms and conditions of developers agreement between Elwill Associates, Inc. and Indian River Federal Credit Union and Indian River County. (see attached Exhibit "B")

2. ~~~;~;~~~~~~~~~~·~·p~u:rc~h~a~sie~P~n~·ce~")~~~~or the parcel shall TwoHundred-The Purchase Price shall be paid on upon which the County shall have approved

the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

Indian River County will promptly seek approval by Board of County Commissioners. If such approval is not obtained within 45 days of the execution of this contract by seller, seller at it's option may revoke this agreement.

3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or .known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided {a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").

3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen { 15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. rrtle shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shaH have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

F:'\Enginecriog\Robert Wcbb\clwiliassaosiordPnrclrasc Conlract.doo- I -

39

4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no

·documents in·the Public Records which would affect title to the Property, without the prior written consent pf the County. -

4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

5. Default.

5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or Oii) waive the Seller's default and proceed to Closing:

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 60 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows:

{a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction.

6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior F:\Engincering\R.obert Webb\elwillassooslordPurcbase Contract.doc- 2 ~

40

to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller prior to closing.

7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. ·

7.1 County shall pay the following expenses at Closing:

7.1 .1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement

7.1 .2 Documentary Stamps required to be affixed to the warranty deed.

7. 1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.

7.2 Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

8. Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subjectto all other terms, covena.nts, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

8.4 Assignment and Binding Effect Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

F:\Engineering\R.obert Wcbb\elwillassooslordPurehase Contract.doc- 3 -

41

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified ,mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

If to Seller:

If to County:

Elwill Associates Inc. 319 Monroe Drive West Palm Beach, FL 33405

Indian River County 1801 2ih Street, Vero Beach, FL 32960 Attn: Land Acquisition Bob Webb

Either party may change the information above by giving written notice of such change as provided in this paragraph.

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, . representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

8. 7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3}(a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

F:\Engineering\Robcrt Webb\elwillassoosJordPurchase Contract.doc- 4 .

42

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

Elwill As "'~· . "·.

Date Signed: -----..!!1--!l~(o=+-=o~e::..:.... __

F:\Engineering\Robert Webb\elwiliassooslordPurchase Contractdoc.- .5 -

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By:--------,.,---Sandra L Bowden, Chairman

Date Signed:---------


By ______________ _

Deputy Clerk

Date Signed:----------

dministrator

43

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I I SURVEYORS NOTES

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THE BEARING BASE FOR THIS SURVEY IS THE WEST UN£ OF TRACT 16, SECTION 22, TOWNSHIP 335,, RANGE 39£, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2. PAGE 25, SAID LANDS ;NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LINE BEARS SOUTH 00'13'38" WEST. All INFORMATION SHOWN HEREON IS REFERENCED TO THE BOUNDARY SURVEY PERFORMED BY MBV & ASSOC., FILE NO. 07-237, DATED FEBRUARY 2008.

THE SCALE OF THIS DRAWING· MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES.

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' !EXHIBIT "B"I DEVELOPER'S AGREEMENT BETWEEN

INDIAN RIVER FEDERAL CREDIT UNION ,_ AND EL WILLASSOCIATES, INC.

AND INDIAN RIVER COUNTY, FLORIDA

TillS AGREEMENT, entered this day of 2008, by and

between, and lNDIAN RIVER FEDERAL CREDIT UNION, a not-for-profit financial

cooperative, 2800 20th Street, V ero Beach, FL 32960 hereafter referred to as Credit Union; and

ELWILL ASSOCIATES, INC., a Florida corporation, 319 Monroe Drive, West Palm Beach, FL

33405, hereafter referred to as Elwill; and lNDIAN RlVER COUNTY, FLORIDA, a political

subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960, hereafter

referred to as COUNTY.

WITNESSETH

WHEREAS, the Credit Union has applied to develop a financial building to be known as

the Indian River Federal Credit Union, consisting of ~ bG>O square feet (the "Project'') IndianlVk..f} ;,

River County Project No. 200604025, to be built on the north side of Oslo Road west of 27th

Avenue, Indian River County; and

WHEREAS, in the same application Elwill has applied to develop a retail project I & ""'o

consisting of *k ._.~ • square feet on a parcel of property directly to the north of the Credit vkQ.

Union property; and

WHEREAS, the County is under contract to purchase a parcel of property north of the

Elwill and Credit Union properties that will serve as a storrnwater retention pond for the planned

improvements and widening of Oslo Road. This Agreement will be an exhibit to the Contract

for Sale and Purchase. A sketch and legal description of the properties is attached to this

agreement as Exhibit A; and

WHEREAS, the County, the Credit Union and Elwill (collectively, the Parties) share

mutual c()ncerns with respect to improvements to Oslo Road; and

WHEREAS, in order to have the stormwater runoff from Oslo Road to reach the

retention pond, the County needs a drainage easement across the Credit Union and Elwill

parcels; and

1 45

WHEREAS, the County, the Credit Union and Elwill can mutually benefit each other

through a joint effort or coordination, accomodation and cooperation.

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,

covenants and premises hereinafter, the Parties agree as follows:

1) The above recitals are affirmed as being true and correct and are thereby incorporated

herein.

2) To accommodate treatment of stormwater runoff, the County will plan, engineer, permit

and construct a stormwater retention pond of sufficient size to treat runoff from the

widening of Oslo Road. The location of the pond will be directly north of the Elwill

3)

property as shown on Exhibit B attached. & In exchange for approximately 6,500 cubic yards SHe half of the material excavated fro~ the County's pond site, (fill) the Credit Union will convey to the County a perpetual

:fifte.en (15) foot drainage easement along the westernmost border of the Credit Urn~· on's

property. In exchange for approximately 10,000 cubic yards sHe half of the mate · " •

excavated from the County's pond site, (fill), Elwill will convey to the County a

perpetual fifteen (15) foot drainage easement along the westernmost border of the Elwill

property. With respect to the drainage easement, the Parties further agree that

a. The County will permit the Credit Union and Elwill to use the property subject to the drainage easement as part of the Credit Union's and Elwill' s required landscape buffer areas.

b. The County will cause to be installed a 30 to 36 inch pipe approximately 6 to 8 feet deep in the drainage easement. Both the Credit Union and Elwill agree to convey to the County a 15 foot temporary construction easement directly east of

c.

d.

e.

the drainage easement in order for the installation of the drainage pipe. Credit Union and Elwill shall be entitled to a co of construction lans u on the· request In the event that the drainage pipe should need to be maintained, repaired or replaced requiring the removal of any landscaping, irrigation eqnipment, walls or fencing installed in the drainage easement, the County will be responsible for replacement of same. The Parties agree to supply each other's engineers with any needed drawings, surveys, sketches or legal descriptions necessary for construction of the drainage facilities. The County will place the excavated material from the pond site onto the Credit Urn.· on and Elwill sites at locations directed by the owners but in compliance wi~ tree protection and land development ethel: ordinance reqnirements. All parti~ agree that the County is ouly responsible for placing and spreading the excavated ' material on the Elwill and Credit Union sites and is not responsible for grading or

2

46

compacting the material after it is placed on the sites. The County makes no warranty or guarantee that the excavated ~terial is suitable to be used as construction grade fill material. Credit Union and Elwill shall have the right to test/review material to be excavated as to its suitabilitv and refuse such material if deemed unsuitable. Credit Union and Elwill shall be responsible for such testin~. Credit Union and Elwill may employ a surveyor/engineer to oversee the . , placement and spreading of the excavated material up to approximate elevation ' 24.0. Following completion of the placement of filL Credit Union and Elwill shall comply with any St. Johns River Water management District Requirements for erosion controL

4) The COUNTY shall be responsible for the construction of the retention pond, installation

of pipes and Oslo Road widening and improvements including advertisement for bids,

contractor selection and construction inspection.

5) The Parties agree to use their best efforts to coordinate the planning, design, engineering,

permitting and construction of the pond and spreading of the excavated material. Each

Party shall obtain any permits necessary for their own properties and projects. The

Parties also agree to use their best efforts to accommodate the timing of each other's

projects with respect to construction of the pond and spreading the excavated fill

material. The Project site may be cleared by the Parties and the County may begin

placing fill on the Project site prior to site plan release so long as the County has

approved the stormwater plans for the Project and the County has received a notice of

"No Objection" from the St. John's River Water Management District concerning the

stormwater plans.

6) ln the event of any litigation arising out of this Agreement, each party shall bear its own

attorney fees and costs.

7) No amendment, modification, change, or alteration of this Agreement shall be valid or

binding unless accomplished in writing and executed by all of the parties hereto.

8) This Agreement shall be binding upon and inure to the benefit of the parties hereto and

their successors, and assigns.

9) This Agreement contains the entire agreement and understanding between the parties.

No representation, statement, recital, undertaking, or promise not specifically set forth

herein shall be binding on any party hereto.

1 0) This Agreement and all matters arising hereunder shall be governed by and construed in

accordance with the laws of the State of Florida. Venue hereu11der shall lie in Indian

3 47

River County, Florida.

11) This Agreement shall be deemed prepared jointly by each of the parties hereto and shall

be construed on parity as between the parties. There shall be no canon of construction for

or against any party by reason of the physical preparation of this Agreement.

12) The Parties shall grant such further assurances and provide such additional documents as

may be required by one another from time to time, and cooperate fully with one another

in order to carry out the terms and conditions hereof and comply with the express

intention of this Agreement.

13) Failure to insist upon strict compliance with any of the terms, covenants, or conditions

herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any

waiver or relinquishment of any right or power hereunder at any one time or times be

deemed a waiver or relinquishment of such right or power at any other time or times.

14) All words, terms, and conditions contained herein are to be read in concert, each with the

other, and a provision contained under one paragraph may be considered to be equally

applicable under another in the interpretation of this Agreement.

15) In the event any term, condition, or clause of this Agreement is declared to be illegal or

unenforceable by a court of competent jurisdiction, such declaration of illegality or

imenforceability shall not affect or alter the legality or enforceability of any remaining

term, condition, or clause hereof; provided of the parties, as set forth in this Agreement.

4 48

•

IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written.

=~s,rnc

Timothy Slater, Presidt:nt

WITNESS:~ 7

WITNESS: ______ _

(Corporate seal is acceptable in place of witnesses)

INDIAN RIVER FEDERAL CREDIT UNION, a not-for-profit financial cooperative

BY:~~~------~~~~----William H. Garrett, President/CEO

WITNESS: ---------

WITNESS: _________ _


5


BY: ~----~~~------Sandra L. Bowden, Chairman

BCC Approved: ______ _

Approved:

By·~------~~----~~---Joseph A. Baird, County Administrator

Jeffrey K. Barton, Clerk of Court

Attest: _______ __,=---= BY:. _______ __, Deputy Clerk

Approved as to form and legal sufficiency

;t!/JL·J)(_I)J1} William K. DeBraal Deputy County Attorney

--toun -IIDlllllllSIBDIOD -tomm IIRoiiiiiY lA. V--fd-lllSIIJIIJDa<elftm

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IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused thesepresents to be executed in their names, the clay and year first above written.

ELW!LL ASSOCIATES, INC.

BY: Timothy Slater, President

WITNESS:---'--------

WITNESS: _______ _ (Corporate seal is acc_cptable in place of witnesses)

INDIAN RIVER FEDERAL CREDIT UNION, a not" for-profit financial cooperative

5


BY:. ______ ~--~~----SandraL. Bowden, Chairrnru1

BCC Approved:

Approved:

By.__._--Joseph A Baird, County Administrator

.Jeffrey K. Barton, Clerk of Court

Attest: BY: .~~~~~~~~~-·-----.. ~~,-=n=-e-p-uty Clerk

Approved as to form and legal strfficiency

;Jt/££. Q/)jJ William K DeBraal Deputy County Attorney

Indian River County Approved

Administration

Budget

Criu"nty Attom_gy 11./K-(!J-Risk Management

Public \>\'orks

Traffic Engineeriil •

Communitv Development

Date

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1) lHI$ IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 1o.e8 ACRES OF "TRACT 16, SECTION 22, 2) THE BEARING BASE FOR THIS SURVE~ IS THE WEST LINE OF 'TRACT 16, SECTION 22, TOWNSHIP 335., TOWNSHIP 33 SOUTH, RANGE 39 EAST

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P.S.M. PROFESSIONAL SURVEYOR AND MAPPER INDIAN RIVER FARMS WATER

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SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY.

2) THE BEARING BASE FOR TIHIS SURVEY IS THE WEST LINE OF TRACT 16, SECTION 22, TOWNSHIP 33S., RANGE 39E, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN TIHE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LINE BEARS SOUTH 0013'38" WEST. ALL INFORMAllON SHOWN HEREON IS REFERENCED TO THE BOUNDARY SURVEY PERFORMED BY MBV & ASSOC., FILE NO. 07-237, DATED FEBRUARY 2008.

3) TIHE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES.

lRF.W.C.O. CONTROL DISTRICT

LEGAL DESCRIPTION

THE WEST 15.00 FEET OF THE NORTIH 260.00 FEET OF THE SOUTH 390.00 FEET OF THE WEST 10.68 ACRES OF TRACT 16, SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF TIHE CIRCUIT COURT OF Sl LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT ROAD RIGHT OF WAY FOR OSLO ROAD.

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1.

61Gt7-6, Florida Admillistro/il'ol M~ purwoot to Section 472.027, ii tin Florida Statutes. And thai this drawing Is o true tmd occurote ~c.-.;:; :t r~cntulloo thereof to ~~~~best -of my kllawltdge o11d belief. ~~ o. suQ to CJotes~Otatloos ~n hereM. g

. \)ki lA. . £.C. DEMETER, P.SJI. No. 5179

""' C. I o3/o8 I I NOT VAUD v.I1HOU'f lHE SIGNA'!URE AND lHE ORIGINAL RAISED SEAL Of A FlORIDA UCENSEO SIJR'v!YOR AND MAPf'ER.

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INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER ENGINEERING 4375 43rd AVENUE, Unit 102 VERO BEACH, FLORIDA 32967 Phone: (772) 226-3478 Fax: (772) 226-3481

MEMORANDUM for CONSENT AGENDA

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

Joseph A. Baird, County Administrator ~c:}- · James W. Davis, P.E., Public Works Direct~

W. Keith McCully, P.E., Esq., Stormwater Engineer

CONSENT AGENDA- APPROVAL OF FINAL INVOICE AND RELEASE OF RETAINAGE FOR WORK ORDER NO.3 WITH HYDROMENTIA, INC. FOR ADDITIONAL ENGINEERING SERVICES RELATED TO EGRET MARSH REGIONAL STORMWATER PARK

September 23, 2008

PURPOSE OF THIS AGENDA ITEM: The purpose of this agenda item is to request approval of Hydromentia, Inc.'s Final

Application for Payment for Work Order No. 3, including release of retainage.

SUMMARY On or about December 4, 2007, Indian River County entered into Work Order No.3 with

Hydromentia, Inc. for professional engineering services for incorporation of value engineering analysis into final design documents for Egret Marsh Stormwater Park. The amount of Hydromentia's Work Order is $20,000. All work under this Work Order is complete and the final pay request (including release of retainage) is for $3,800.00.

RECOMMENDATIONS Staff recommends the Board of County Commissioners authorize payment of

Hydromentia's final Invoice No. IRC-2008-5 (including release of retainage) in the amount of $3,800.00.

FUNDING

1. Funding will come from the following account numbers ($4.33 million Legislative appropriation):

a. Account No. 31524338-066510-05057 $2,000 final payment

b. Account No. 315-206000-05057 $1,800 retainage

1 F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Regional Stormwater Park\Agenda ltems\Agenda Item- Hydromentia Work Order #3 - Consent Agenda.docx

54

ATIACHMENTS: 1. Hydromentia, Inc.'s final invoice No. IRC-2008-5, submitted by Hydromentia, Inc.

-one copy

DISTRIBUTION: 1. Jim Davis, P.E., Public Works Director 2. Jason Brown, Budget

APPROVED AGENDA ITEM

2

J:ndian River

Stormwater Engineering

Approved Date

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Regional Stormwater Park\Agenda ltems\Agenda Item- Hydromentia Work Order #3 ·Consent Agenda.docx

55

HydroMentia, Inc. PO Box 367 Ocala, Fl34478 352-237-6I45 Fax 352-237-0944

Bill To

Indian River County

WA"l"ER TREATMENT TECHNOLOGIES

Attn: Keith McCully, P. E. 4375 43rd Ave Unit I02 Vero Beach, FL 32967

Desciption

Date

9111/2008

Final I 0% Billing for Egret Marsh Regional Stormwater Park and Wood Stork Motel per Work Order Number 3 Attachment 2 dated I2/04/07 I 0% Retainage held on previous billings IRC2008-3 and IRC2008-4

Total

Invoice

Invoice#

IRC2008-5

Amount

2,000.00

1,800.00

$3,800.00

56

Certification: The undersigned officer ofHydromentia, Inc certifies that I have checked and verified this invoice dated Sep 11, 2008 and the attached supporting documents and that to the best of my knowledge and belief it is a true and correct statement of work performed and/or materials supplied in accordance with the referenced contract and with sound engineering practice and judgment; and that the payment amount claimed and requested is correctly computed on the basis of work performed and/or materials supplied to date.

Dated _1'-+-1-'-'--~11 /C..::...o-"--§ __ r 1

,,_,~ Name __ Patricia Bevis

Title CFO

State of Florida County of Marion

Subscribed and sworn to before me this _lith_ day of __ September_ 2008 .

My Commission expires:: ____ IF.~~~~~=;:F.i~~:=':U-MY COMMISSION# 00381878

EXPIRES: FOOrualy 7, 2009 _ThN_,..,~

57

INDIAN RIVER COUNTY, FL

('); t ,, nr 0.'

PUBLIC WORKS DEPARTMENT INTER·DEPARTMENT MEMORANDUM

TO:

THROUGH:

FRO lVI:

Joseph A. Baird, County Administrator

James W. Davis, P.E. Public Works Director

Clifford Suthard, Project Engineer C 4 ,J .,6~ _f) SUB.JECT: Wabasso Beach Park Restoration; Work Order CT-1; Professional Engineering Services

for FINAL DESIGN SERVICES FOR SITE PLAN, FDEP PERMIT, UTILITIES AND PARK FACILITIES; Coastal Technology Corporation; Ninth and Final Payment for Release of Retainage

DATE: September 24, 2008 CONSENT AGENDA


During the Board of County Commissioner's meeting of June 13, 2006 the Board approved Work Order CT -1 with Coastal Technology Corporation, for the subject services. The FDEP permit has been issued, the design services were completed, the associate documents prepared for the project's April 9, 2008 bid date, and services during bidding provided.

RECOMMENDATIONS AND FUNDING

Staff recommends payment of Consultant's application for the requested release of final retainage in the amount of $4,779.71. The retainage payment of $4,779.71 to be funded from account number 315-206000-06052.

ATTACHMENT Contractor's Final Invoice #182527

DISTRIBUTION

Jim Davis P.E. Director Public Works Jason Brown, Director Management & Budget Michael Walther, Coastal Technology Corporation


58

e ~A~~~H!!!~ c!!:~~~ COASTI\L • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING

::3625 20TH STREET. VERO BEACH, FtORIDA 32960.2409 PHONE: (7721562·9580 • FAX: (7721 5B2·B432

25100

Indian River County Attn: Cliff Suthard 4375 43'd Avenue Vero Beach, FL 32967

FINAL INVOICE #182527 September 22, 2008

RE: me Wabasso Beach Park Restoration

Contract Amount = Previously Billed =

$47,797.00 $47,797.00

Work Performed through April30, 2008.

Invoice for Retainage Held by County -(See Attached Invoice Summary)

Total Amount Due This Invoice Balance Remaining in Contract= $0.00

= $ 4,779.71

= $ 4,779.71

Please make payment to Coastal Technology Corporation in the amount of $4,779. 71. If you have any questions regarding this invoice, please contact me.

Sincerely, COASTAL TECH

. }f~l}/:{,/t?,_ Michael P. Walther, P.E. President

VERO BEACH • MELBOURNE • SARASOTA • AUSTIN

Task Description

I 1813071 8/23/20061Task 1 Desian I I Task 3 Permit Application

1818441 7/9/20071Task 3 Permit Aoolication

I 1822161 1/8/20081Task 1 Design I IT ask 2 Minor Site Plan Approval

1823821 4/3/2008ITask 5 Bidding & Construction Phase Services

WABASSO BEACH PARK COASTAL TECH INVOICE RECAP

22-Sep-08

Contract-~· Task% TAmount Amount Completion I .Invoiced

I $ 31,334.00 20% $ 6,266.80 I$ 8,603.00 25% $ 2,150.75

Amount Paid

$ 5,640.12 $ 1,935.67

$ 626.68-$ 215.08

Subtotal $ 8,417.!j5_' $ 7,575.79 $ 841.76•1

$ 8,603.00 I 80%1 $ 1,720.60 I$ 1,548.54 I$ 172.06 Subtotal I$ 1,720.60•1 $ 1,548.54'1 $ 172.06•

I $ 31 ,334.00 60% $ 6,266.80 $ 5,640.12 $ 626.68 I $ 1,804.00 50% $ 902.00 $ 811.80 $ 90.20

Subtotal $ 7,168.80 $ 6,451.92" $ 716.88•

!Totals I $47,797.oo·l $43,017.29 I $4,779.71 I

0 c.o

CONSENT AGENDA

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

OFFICE OF MANAGEMENT AND BUDGET

TO: Members ofthe Board of County Commissioners


SUBJECT: INTERFUND BORROWING

FROM: Jason E. Brown Director, Management & Budget

At the end of the fiscal year, it occasionally bee es necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in the fund as shown below:

Due from

Land Acquisition Bond 2004 Referendum Fund 145

Due to

General Fund 001

Staff is requesting approval from the Board of Commissioners for interfund borrowing in the fund above as well as other funds as necessary. On September 23, 2008, the Board of Commissioners approved interfund borrowing for several funds. Since that date, it has become apparent that interfund borrowing is necessary also for the above fund.

Staff Recommendation

Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur.

APPROVED AGENDA ITEM:

Indian River Countv A=ved Date

Administrator ~ }OJ ;oi!/O't Legal n AF-4> lilt i?r3 Budget (~ toll /o$ Department ) I FOR: October 7 2008

Risk Management

61

ITcoNSENT AGENDA

DATE:

TO:

THROUGH:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

September 26, 2008



FROM:

Thomas Frame, General Servicer~rectoy ~ -~ w. Erik Olson, Utilities DirectorW ~- _

Jerry Davis, Pnrchasing Manager {/~

PREPARED BY: Maeghan McLaughlin, Staff Assistant, Purchasing Division

SUBJECT: Approval of Bid Award for ffiC Bid No. 2008072 San Sebastian Springs Subdivision Water Assessment Project

BACKGROUND:

The Department of Utility Services has requested the solicitation of competitive sealed bids for the construction of the San Sebastian Springs Subdivision Water Assessment Project in Indian River County.

BID RESULTS:

Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications Requested by: Replies:

BID TABULATION:

September 17, 2008 at 2:00pm August 13, 2008 Three Hundred Ninety Five (395) Vendors Thirty Six (36) Vendors Seventeen (17) Vendors

· ... · i Bidder c"c ;c •···· •········ · . . . .· .·.• . . . . .•... ·· .. .••·· I i. · > git}r!State< .

Derrico Construction Corporation Melbourne, FL H&D Contracting Company, Inc. Fort Pierce, FL R K Contractors Fort Pierce, FL SPS Contracting, Inc. Vero Beach, FL Affordable Development I Driveways, Inc. Titnsville, FL Sheltra & Sons Construction Indiantown, FL Timothy Rose Contracting Vero Beach, FL Young's Communications, Inc. Melbourne, FL DBF Construction, LLC Margate, FL Felix Associates Vero Beach, FL Sunshine Land Design, Inc. Stuart, FL Master Excavators, Inc. Miami,FL

F:\Purubasing\Bids\2007-2008 FY (2008000)\2008072 Sarr Sebastian Springs Water Assessment Project\Agenda w-Contractdoc

··· '-'Fi!ratBlJi• • · .. $497,229.00 $518,050.00 $529,530.00 $538,115.00 $538,653.18 $565,450.00 $572,611.00 $580,752.60 $582,699.00 $582,735.00 $592,297.19 $622,881.00

62

CONSENT AGENDA

ENGINEER'S COST ESTIMATE: $ 650,000.00

TOTAL AMOUNT OF BID: $ 497,229.00

SOURCE OF FUNDS: 473-169000-08502

RECOMMENDATION:

Staff recommends that the bid be awarded to Derrico Construction Corporation as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after the required performance and payment bonds, along with the appropriate certificate of insurance, have been received and once the County Attorney has approved the agreement as to form and legal sufficiency.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form Sample Agreement


BY:

FOR:

F:\Pwchasing\Bids\2007-2008 FY (2008000)\2008072 San Sebasti:an Springs Water Assessment ProjecMg=da w-Co:n:tmctdoc

fud;an Adnlln Le!!al 13u<JRet

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Dote, ~ \j'Q l. i/9'&

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63

INDIAN RIVER COUN'II¥,A~~flJ~~8uNn DeoartmentofUtilitvServices PURCHASING DIVISIO~

Memo To: Jerry Davis, Manager, Purchasing Division

From: Gordon E. Sparks, P.E., Environmental Engineer Cit:S Thru: Mike Hotchkiss, P.E., Capital Project• Man~} !!!11--CC: W. Erik Olson, Utilities Director ~ • ~ ~ Date: September 24, 2008

Re: Bid Award Recommendation for Bid No. 2008072 San Sebastian Springs Subdivision Water Assessment Project W1P No. 473-169000-08502, UCP #3014

,,

On Wednesday, September 17, 2008 eighteen ( 18) Bids were received and seventeen (17) were opened at 2:00PM for the above referenced project

I have attached the Bid Sheet and a memo dated September 19, 2008 prepared by Purchasing. I have also prepared a detailed Bid Tabulation of the seventeen (17) bids and that is also attached. The tabulation shows a $0.72 error in the bid submitted by Affordable Devdop!r.ent al'ld a $2,485.51 e:TOT in the bid submitted by Young's Communication, but this does not affect the outcome of the bid opening process. The Engineer's Cost &timate for construction was $650,000.00; therefore, the low bid of $497,229.00 from Derrico Construction Corp. was $152,771 .00 less than budgeted under the Assessment Project Derrico Construction Corp. was retained by The Utilities Der?ctmP.::!t as on'O' 'lf t.P"ir lAbor Contn>.ctors by award of Bid N'J. 2007026 on February 6, 2007 by the Board of County Commissioners and 'has successfully completed a number of projects for the County. Therefore, I recommend that the bid be awarded to the lowest responsive, responsible bidder, Derrico Construction Corp. of Melbourne, Florida, for $497,229.00. A san1ple contract (two copies) has been prepared and is attached to this memo for pre-approval (in form) by the BCC in awarding the project.

Pagel

F:\Utilities\UTILffY • ENGINEERING\Projects ·Assessment Projects\SAN SEBASTIAN SPRINGS SUBDTVJSION- UCP #3014\AB- BID RECOMMENDATION Memo to PURCHASING September 24, 2008.doc 64

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c.TI

INDIAN RIVER COUNTY PURCHASING DIVISION

1800 27th Street, Vero Beach, FL 32960 (772) 226-1416

BID TABULA

Openln& Date;

Works

.tlo:

Sebastian Springs Water Assessment

Bid Form I

Bid Bond

I Trench Safety

Disclosure I

X I X I

X

I X

I X X

X I X I

Witness: Maeehan McLaue:hlln

Wltnesa: Jerry Davis

X I X I X I X I X I X

X

I X

I X

I X

I X I X

X X X X X I X

X I X I X I X I X I X

BID TABULATION

0') 0')

BID TABULATION

,JdNo.:

~08072

ldTitle:

0')

-...I

lod[on Rh .. r County D<pol1mebl of Uillltl"'

ro[od: SAN SEBASTIAN SPRINGS SUBDIVISION WATER ASSESSMENT PROJECT

Tndlon River Counly Bid Number lOOiiOn

UCP No. 3014. WIP No. 47J.l670D0-111150!

Bid On.enln~ on ~117/lOOii

Bid I tomNn.

' Pumi•h It ln•lall 6' PVC Wotor Moin

' Pumi•h It ln•141l 6' Gole Val"' It Dox

·' Fumislt& tn.ln1l4" PVC WoterMoin

• Furnish & lt1!1141l 4' Gate Vol••& BD>I

' Furnish &.lnslalll' PVC Water Moin

• Furnish & Install DriVC\<aY Bon:•

' Fumi•h &. Install 6' HDPE Dir. Drill Wolcr Main

• Furnish It ln<tall4" HOPE Dir. Drill Water Moin

' F~rnis~ & lns!alla'" X a• WetTa Asse bl wlfr GV&B

"' Fumi•hlt ln•1411 Fir.:H tAo:oembl w/6'GV8tB

" Lomii'RO Re!<lonuion o il8t&hio od

" Fllmi•h &. •14111' PESi lo Sllo!i Wot.,.ScTVico

" Fumi.<h &bl!l!o!ll"l'E SPtolc Lon WolcrS.:rvico

" Furnish& ln•llllll·l/2' PE Douhi.!Siu>rt Water ScTVico

" Ftuni.h&ln!Ull l·lll"PEDoub!eLon W~orService

"' Sublotol Wotor Focllltln

" M~hiliZIIIion (S"" So>otion 010!5 Cor =~imum nmoll!ll)

" Tolal Wotor Fadlill .. Condi"Qdlon C~ol

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00

Eotlmot<tl

uonl[

12.(~](]

" l,SOU

• l51JO

" 151~1

llMI

' " IS,!~MI

" " " "

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Foll1A,.oo[oto1 Sholtro & Son•

Unltot' Unll TOTAL COST Unit

Mu'""' Pri<• Price

U' 11.35 136200.00 11.00

" 1300.00 28600.00 675.00

"' 14.00 21000.00 6.00

" 115000 6900.00 750.00

"' 2.85 4275.00 6.00

EA 830.00 56100.00 1350.00

"' 35. s 5<1375.00 4700

"' 2830 5660.00 33.00

" 4750 co 9500.00 3400 00

"' 4500.00 72000.00 3100.00

' 4.85 72750.00 4.25

"' 600.00 21000.00 675.00

" 1200.00 21600.00 1300.00

EA 707.00 17675.00 975.00

EA 1650.00 23100.00 1575.00

552735.00

" 30000.fiO 5000.00

I $582 735.00

D<rri<a Con•trudlon TlmothvRooo PloollnoUtJIIU .. SPS C011lractln1 -TOTAL COST Unit TOTAL COST Unll TOTAL COST Unit TOTAL COST Unll TOTAL COST

'"" Prico '. '"" 132000.00 15.00 160000.00 17.37 208440.00 23.60 265600.00 16.25 210000.00

19 50.00 1115.00 24530.00 1195.00 26290.00 815.00 17930.00 900.00 19800.00

12000.00 2.70 19050.00 '·" 14940.00 17.90 2685~0 10.00 15000.00

4500.00 675.00 5250.00 955.00 5730.00 GGO.OO 396~-:;:.0 750.00 4500.00

7500.00 10.00 15000.00 5.50 8250.00 14.60 21900. 0 7.50 11250.00

94500.00 330.00 23100.00 40000 28000.00 975.00 68250. 0 10000 7000.00

70500.00 18 70 28050.00 45.00 67500.00 4375 65625.00 50.00 75000.00

5600.00 l2.75 2550.00 39.00 7800 00 33.50 670~0 40.00 8000.00

6600.00 4282.00 8564.00 2900.00 5800.00 7955 00 15910.00 1750 00 3500.00

49600.00 4140.00 66240.00 3184.00 50944.00 2915 00 46640. 0 450000 72000.00

63750.00 2.75 41250.00 2.76 41400.00 ,, 32250.00 ' ' 63750.00

23625.00 375.00 13125.00 571.00 19985.00 845.00 29575.00 200.00 7000 00

23400.00 800.00 14400.00 862.00 15516.00 1145.00 20EI10.00 250.00 4500.00

24375.00 710.00 17750.00 668.00 22150.00 1<50.00 29500.00 250.00 6250.00

22050.00 1305.00 18270.00 1419.00 19866.00 1525.00 21350.00 300.00 200.00

560450JW 477129.00 542611.00 692850.00 520750.00

20100.00 30000.00 23755.00 17365.00

565 450.00 497 229.00 572611.00 716 405.00 538115.00

69

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70

SECTION 00300

BID FORM (Based Upon EJCDC No.C-700, 2002 Ed.)

PROJECT IDENTIFICATION:

PROJECT DESCRIPTION:

Indian River County Bid #2008072 San Sebastian Springs Subdivision Water Assessment Project.

CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following:

Furnish and install about 12,000 LF of 6" PVC water main, 1,500 LF of 4" PVC water main, 1 ,500 LF of 2" PE water main, 16 fire hydrants, 131 water services and restoration.

THIS BID IS SUBMITTED TO: Indian River County Purchasing Department 1800 2t" Street Vero Beach FL 32960

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Requirements within ten (10) calendar days after the date of Owner's Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

(a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date ;U/.1-

Number e>

(b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work.

71

(c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are ide.1tified in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely.

(d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examination, investigations, explorations, test, reports, studies or .similar information or date or will be required by Bidder for such purposes.

(e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other tem1s and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions.

(f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

(g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder.

(h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4. Bidder will complete and include with the bid the Schedule of Bid Items attached to this proposal. The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments there under, will be based upon the actual quantities placed into the work.

5. Bidder agrees that the work will be completed in accordance with the following timeframe.

(a) Within 1§. calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks:

1. Obtain all necessary permits.

00300-Page 2 72

2. Receive approved shop drawings for all materials and equipment to be utilized in the job. ·

3. Perform all photographic recording and documentation of conditions prior to construction.

4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction.

(b) From 1.§ calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer.

Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion.

(c) From fli calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures.

Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion.

6. The following documents are attached to and made a part of this Bid:

(a) Certificate of Compliance with the Florida Trench Safety Act (Section 00300 Bid Form).

(b) Disclosure of Relationships (Section 00452) (c) General information Required for Bidders (Section 00456)

00300-Page 3 73

7. The terms used in this Bid, which are defined in the General Conditions of the Construction Contract included as part of the Contract Doct:;nents, have the meanings assigned to them in the General Conditions. Contractor acknowledges the insurance requirements of Section 00700 as amended by Section 00800 and any other addendums and agrees to provide said insurance upon award of contract.

BIDDER INFORMATION: I I SUBMITTED ON: q 17 0 t (DATE)

SUBMITTED BY: (NAME OF BIDDER)

/0 I W. i.5a€. VM!.O Dz. (STREET ADDRESS)

/?ltr.ugoc.N>·--'.-6 f'c_ "3Z<J3.f" (CITY, STATE, ZIP) •

_:3..!..=2.o.LI...:.----=:2-::::N:....!-~--.!2.=2.~"l:._cl___ (PHONE #)

"32.1-2-172- 713/ (FAX#)

~.5'"'--L"J..,O:...;f....,"S"'--<f""-'9'-'<J'-lf~----- (FEDERAL ID #)

Cue_ I "2 2.. 'to.>_;. (FLORIDA LICENSE#)

SIGNED BY: J>~.V f? £~ac/2-13o ,._; (PRINTED NAMEl

r ~;: ~~ (TITLE) /I'Z-eS.t -"'G-VI

(SIGNATURE)

00300-Paae 4 74

Indian River County Department of Utilities BID FORM 0030-5

Projed:. SAN SEBASTIAN SPRINGS SUBDIVISION WATER ASSESSMENT PROJECT Indian River County Bid No. 2008072, UCP #3014, WIP #473-169000-08502 Aug-08 -

Bid Bid Item Estimated Unit of Item No. Descrintion Ouantitv Measure

I Furnish & Install 6" PVC Water Main 12,000 LF

2 Furnish & Install 6" Gate Valve & Box 22 EA

Unit Price Total Price

tt;,- 1 £:,o ooo . oo 11/5,- 'ZI\- ,5?D.oo

3 Furnish & Install4" PVC Water Main 1,500 LF 12) 1-0 ""'- -"' ~ 0 ]'{Of 4 Furnish & Install4" Gate Valve & Box 6 EA ~7-'5".- _E_ 2-5"0 I 00

I

5 Furnish & Install 2" PVC Water Main . 1500 LF lD_,- 1!;2 '.12./2!2. I 0 _f2 .. 6 Furnish & Install Driveway Bores 70 EA 3;;Q. - "Z.....3....L.lDO ·Ob 7 Furnish & Install 6" HOPE Dir. Drill Water Main 1,500 LF 16 ,7-D .2B_.1:2!2D_ I O_b._

8 Furnish & Install 4" HOPE Dir. Drill Water Main 200 LF l2 .'tS z·s~o.co 9 Furnish & Install6" X 6" SS Wet Tap Assembly w/ 6" GV&B 2 EA 1-2.62.1- 8 ,£.b4-, DO 10 Furnish & Install Fire Hydrant Assembly w/ 6" GV &B 16 EA 4-\ 4-D~ -

'"' 2'1-C> ,00

I I Lawn/ROW Restoration (Topsoil & Sod) 15,000 LF z,_l_S _j_ J 2-§0, D{)

12 Furnish & Install I" PE Single Short Water Service 35 EA __ns:.- ~ o{)

13 Furnish & Install I" PE Single Long Water Service 18 EA 'E;{)()I- 14-'~.0D 14 Furnish & Install 1-1/2" PE Double Short Water Service 25 EA -:f-\0'- I?:' 'TSD 10() 15 Furnish & Install 1-1/2" PE Double Long Water Service 14 EA . l 3DS. _. lf22' 2. 7-D , Dz:>

16 Subtotal Water Facilities = 4-_3::'? _1 1"2-~ I DO

17 Mobilization (See Section 0 I 025 for maximum amount allowed) I LS Z.0\00.- 20 ICO M

18 Total Water Facilities - 1'9 .r, 2-2-'t co ---

The unit price bid for furnishing and lnstallatlonfconslrucUon of water main shall include, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, dewatering, installation of pipe and all appurtenances, trace wires, sleeves, fittings, restrainers, filling trench, soil compaction, disinfection, flushing, sampling, testing (includes providing temporary jumper or another approved method for filling water main), irrigation and any other private property repair, removal, disposition and replacement of surface over trench to pre-construction conditions, restoration of any pavement or sidewalk damaged or destroyed, lraffi!f maintenance/control, demobilization, Trench Safely Act Compliance, Payment Bond and Performance Bond, construction staking and Record Drawings. Contractor will be provided with a copy of construction plans in AutoCADD format, which includes location reference to state plane coordinates to use in preparing Record Drawings. The PVC pipe shall be C~900 and the HOPE shall be DR 11. All materials and installation shall be per Indian River County Utility Standards and Specifications July 2007 unless otheiWise note.d in the bid documents. The Contractor shall be required to order a 1~ water meter from the Customer Services Division of the Utilities Department for use with the jumper in filling the water main. The cost is $345.00 for a deposit and $25.00 for the application fee, plus the cost of water used per the current rates of the Department. This applies to all water that goes through the meter in filling, testing and chlorinating the main. Flushing will be by the use of the existing main valve and will not be measured by the meter. The $345.00 deposit will be returned at the end of the project when FDEP Clearance ls received and the Contractor is Instructed to remove the jumper.

"' c.J'1

._.·

SECTION 00530 - EJCDC

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 20_ by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Derrico Construction Corporation (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 WORK

CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows:

Furnish and install about 12,000 LF of 6" PVC water rnain, 1,500 LF of 4" PVC water main, 1,500 LF of 2" PE water main, 16 fire hydrants, 131 water services and restoration.

ARTICLE 2 ENGINEER

The project has been designed by Gordon E. Sparks, P.E., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents.

ARTICLE 3 CONTRACT TIME

3.1 The CONTRACTOR shall be substantially completed with the following timeframe

(a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks:

1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be

utilized in the job.

3. Perform all photographic recording and documentation of conditions prior to construction.

4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction.

(b) From 1.§ calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

00530-1

76

1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer.

Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion.

(b) From ~ calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks:

1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures.

Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment.

ARTICLE 4 CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $497.229.00.

ARTICLE 5 PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents.

5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by

00530-2

77

CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents.

5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request.

5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.

5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment.

5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and. others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds.

00530-3

78

ARTICLE 6 INTEREST

Not Applicable.

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work.

7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely.

7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes.

7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions.

7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

ARTICLE 8 CONTRACT DOCUMENTS.

00530-4

79

The Contract Documents whi.:;h comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following:

8.1 This Agreement (Section 00530).

8.2 Performance and Payment Bonds (Sections 00610 and 00612).

8.3 Notice of Award and Notice to Proceed (examples in Section 00800).

8.4 General Conditions (Section 00700).

8.5 Supplementary Conditions (Section 00800).

8.6 Specifications bearing the title "San Sebastian Springs Subdivision Water Assessment Project" as listed in the table of contents hereof.

8. 7 Drawings, inclusive with each sheet bearing the following general title "San Sebastian Springs Subdivision Water Assessment Project."

8.8 Addenda numbers._-'-"N/"-A,___to ____ ,inclusive.

8.9 CONTRACTOR'S Bid (Section 00300).

8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, July 2007". or the latest version thereof.

8.11 The following, which rnay be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions.

ARTICLE 9 MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto.

9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal

00530-5

80

representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder.

9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.

9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement The indemnification is limited to $5 million per occurrence.

9.7 Pledge of Credit The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement

9.8. Counterparts. This Agreement may be executed in one or more counterparts, but ail such counterparts, when duly executed, shall constitute one and the same Agreement

9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement

(Remainder of this page intentionally left blank)

00530-6

81

IN WITNESS WHEREOF, OWNER AND 'CONTRACTOR have signed this Agreement the dr>y and year first written above.

This Agreement will be effective on--------- __ _

OWNER Indian River County Board of County Commissioners

By:_----::-----:----:--::---:---=-:----Sandra L. Bowden, Chairman

Attest: J. K. Barton, Clerk of the Circuit Court

By: ________ --::------:::-:--:-Deputy Clerk

Approved By:


Approved as to Form and Legal Sufficiency:

County Attorney

Address for giving notices 1801 27th Street

Vera Beach Florida 32960

CONTRACTOR Derrico Construction Corporation

By: __ :-:-----::---::--:--,---------John P. Robertson

(CORPORATE SEAL) Attest: ____________ _

Address for giving notices

2225 Avocado Avenue

Melbourne, FL 32936-1177

License No.: CUC 1224053

*END OF SECTION*

00530-7

82

DATE:

TO:

THROUGH:

CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA

DEPARTMENT OF GENERAL SERVICES PURCHASING DIVISION

September 26, 2008



Thomas Frame, General Services Dep;1rent Director ~w ~

FROM:

PREPARED BY:

SUBJECT:

Jerry Davis, Purchasing Manager ~

Maeghan McLaughlin, Staff Assistant II, Purchasing Division

Approval of Bid Award for IRC Bid No. 2009015 Annual Bid for Traffic Signal Hardware and Wire

BACKGROUND INFORMATION:

The Traffic Engineering Division has requested an annual bid for traffic signal wire and equipment.

The bid results are as follows: Bid Opening Date: September 10, 2008 at 2:00pm Advertising Dates: August 15, 2008 DemandStar Broadcast to: One Hundred Fifty Nine (159) Vendors Specifications Requested by: Six (6) Six Vendors Bid Responses: Two (2) Vendors (One No-Bid)

BID TABULATION:

NOTE: The bid amount represents the total cost, if the County was to purchase all items included in the bid. The estimated annual expenditure for FY 2008/2009 is $10,000.

RECOMMENDATION:

Staff recommends awarding this bid as follows: • Award to American Wire Group as the lowest and most responsive bidder

meeting the specifications as set furth in the Invitation to Bid.

• Authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2008 through September 30, 2009 with the recommended bidder.

83

CONSENT AGENDA • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1)

year periods subject to satisfactory performance, vendor acceptance, and the

• determination that renewal of this annual bid is in the best interest of Indian River County.

ATTACHMENTS:

Department Recommendation Memo Bid Tabulation Bid Form

Indian River Co Admin Legal Budget

Am!l!5i Date /0

Y1 h lt7/' 'lili7JZ

By: ~~~~~~~~~~~-oseph A. Baird, County Administrator Denartment -.--; ~ )h/0

RiskMiltlll2er 1..1 I

FO : d~ /j 4&Mt"'

84

To:

Through:

From:

Subject:

Date:

RECEIVED

ME~ )llftASING DIVISION

lY..IzUP 1 q A q: qll INDIAN RIVER COUNTY

PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION

Jerry Davis, Manager Purchasing Division

c~ Christopher R Mora, P.E. Assistant Public Works Director

Kelly M. Sobczak 1/ AStaff Assistant ill ~

Acceptance of Bid #2099015 for Traffic Signal Hardware and Wire

September 15, 2008

Traffic Engineering reviewed the subject bid and recommends awarding all items to American Wire Group of Hallandale, Florida.

The estimated expense for the 2008/2009 fiscal year is approximately $10,000.00.

If you have any questions please contact Marc Webb, Traffic Operations Manager, at 226-3460.

Thank you for your attention to this matter.

85

Bid No. 2009015

Bid: Annual Bid for Trame Signal Wire and HIU'dware Bid Opening Date: 09/10/2008 ...

.... ,:;;"~,~~~~~,~~GJ'%u:sJt;LJ

Indian River County Purchasing Division 1800 27th Street, Vero Beach, FL 32960

(772) 567-8000 ext. 1416

BID TABULATION SHEET

l!~?l\'g

-·_:1

Witness: Maeghan McLaug~

Witness: Jerrv Davis

American Wire Group Hallandale, FL $14,248.87 Yes

llr&mC Parts, Inc. Spring, TX NOBID --.,,

.....,_

F://PurclwiruUPorms/Bid Tab .xis Page I of!

' ) INDIAN RIVER CO UN' l PURCHASING DIVISION

180027TH ST. VERO BEACH FL 32960

(772)226-1416 FAX(772) 770-5140

BID FORM

SPECIFICATIONS FOR: ANNUAL BID FOR TRAFFIC SIGNAL WIRE AND HARDWARE

BID NUMBER: 2009015

BID OPENING DATE: SEPTEMBER 10,2008 AT 2:00P.M. A IOWUIU UUTIU

BID OPENING LOCATION: PURCHASING DIVISION 1800 27TH STREET VERO BEACH FL 32960

1920 E. Hallandale Beach Blvd. Suite PHS Hallandale, Florida 33009

IN ACCORDANCE WITH ALL TERMS, CONDITIONS, SPECIFICATIONS, AND REQUIREMENTS, THE BIDDER OFFERS THE FOLLOWING:

HARDWARE I WIRE FOR TRAFFIC SIGNALS

Quantity Unit Unit Price TOTAL

1 Signal Cable, 7 Conductor AWG#14

2000 FT $ .N9/fk $ :29?.;}. () Copper Stranded IMSA No.19-l.

2 Signal Cable, 12 Conductor AWG #14

2000 FT $ . t.fot_,/~ $ Pt~. Dv Copper Stranded IMSA No.l9-l.

3 Signal Cable, 16 Conductor AWG #14

2000 FT $ . 3·-fl I f;r $ 6 g /. 6o Copper Stranded IMSA No.19-l.

Detector Lead-in Cable, 2 Conductor

.o-st-/f.t 4 AWG#14 Copper Stranded 5000 FT $ $ .2:?3. ~3 IMSA No.50-2. .

5 Wire, THWN Copper Stranded,

15000 FT $ . o~q/{J; $ J.-1 i 0 . ;;). -j A WG#14, Black. 2500ft per Reel

Wire, THHN Copper Stranded,

$ f./~d-1 Pt 6 A WG#l 0, 3 Conductor, PVC Black 1000 FT $1/fod../;).. Jacket.


1000 FT $ • ~ 'fo /tt- $ ~3~. 11-A WG#6, Black.


1000 FT $ .&'-fojf;r $ '3~.71 A WG#6, White.

9 Wire, THHN Copper Stranded,

2500 FT $ . )39/v $ 5~7-,So AWG#lO, Black.

Page10of16 87

10 Wire, THHN Copper Stranded, 2500 FT

$ • .:23~/f.r- $ 511-. 5() AWG#lO, White.

11 Wire, THHN Copper Stranded, 2500 FT

$ .. )~~~ $ 5?7-. 5b A WG#l 0, Green.

12 Wire Bare Copper Stranded A WG#6. 500 FT $ . 0'52/f-t $ <3;2, .oo

Communication Paired Cable A W6#22 /. ~'-1%- $ ::;:J.l3. ·33 13 25 Pair, Jelly Filled, with Electrical 2000 FT $ Shielding Communication Paired Cable A WG#22

$ .9, f3/{:f s Jtforo. b~ 14 12 Pair, Jelly Filled, with Electrical 2000 FT Shielding Communication Paired Cable,

$ :s 'f:;.) It 15 AWG#22, 6 pair, Jelly Filled, with 5000 FT s jo1s. 33 Electrical Shielding.

I TOTAL BID AMOUNT $ /lf, ?.L{ ~. g-:f-I

Please submit one (1) original and one (1) copy of your bid.

Will your company extend these prices to other governmental agencies within the State of Florida?

Yes~ NoD

The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Company Name: __ ~'---'-'...:.:::=><-\,_,c='c.."'-."""~w==-VvL_:....::::==-..oc;;("'-"'rz'-'o'-'v.."'-LP _____________ _

Company Address: J"/w [ f--1 a.}.}.._C<;,. cJ J..t. llu-J.. l)LJJ) ~ PH g

City, State ~r. I , (<...,. . i ....k 1== L -5-::::k 0 o. -"-t'..i • .c.:CJ.J\.'-"-''-----'-c< _______________ Zip Code _____ .:__ I_

Telephone: 95'f-·+s-)- .3-oS'O Fax: __ Cf_,_"J~~_,_L.f_~ _'-l_~_-..:.9_~_(, __

E-mail: _&_t>_o_~_,__rv\A--'-,_\-e_~_v...~y'-'-f)w--=-u:-_. Co::=::../'1'"'\....:.... ___________ _

Occupational License: --"'-"-+-t-f-H't--....:.....-lt- FEIN Number: 0 5 ~ II d-. 9 '-f f 5""

Authorized Signature: ----,f-1.-~f-j'Q..J~~Wili::.:===~--Date: Cj /:1};). ~><>-;} Name: -~~Svvr~~l'J~--11-'-:....w.:...::___-t+----Title: e;\v:l~

Page 11 of16

88

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird; County Administrator

CONSENT AGENDA (QUASI-JUDICIAL)

o rt M. Keating, Pi. P; Co

M elopment Director

THROUGH: Stan Boling, AICP; Planning Direc~1~J {J\

FROM: John W. McCoy, AICP; Senior Planner, Current Development


SUBJECT: Ocean Sands-V ero LLC Request for Extension of Preliminary PD Plan Approval for a Multi-Family Residential Development to be Known as Ocean Sands (PD-07-09-08 I 99090118-59345)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 7, 2008.

DESCRIPTION & CONDITIONS

On September 13, 2007, the Planning and Zoning Commission granted major site plan approval to construct a 60 unit multi-family residential development on a 9.99 acre project site in the unincorporated county located on the east side ofSRA-1-A, south ofCR510 and the existing Disney Resort. The current expiration date of the site plan approval is September 13,2008.

On August 20, 2008, the project applicant filed a request to extend the site plan approval expiration date. Due to present market conditions, construction activities have been delayed. Because the request was submitted prior to the approval expiration date, the extension request may now be considered by the Board of County Commissioners.

ANALYSIS

As allowed under provisions of the LDRs, the developer is requesting a full one-year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the site plan conforms to all existing LDR requirements.

F:\Community Development\Users\CurDev\BCC\2008 BCC\Oceansandsextension.rtf 1 89

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve Ocean Sands-Vero LLC request for a one-year extension of the site plan for Ocean Sands PD with all original approval conditions to remain in effect. The new site plan approval expiration date will be September 13, 2009.

Attachments:

1. Request Letter 2. Location Map 3. Site Plan 4. List of Approval Conditions

APPROVED AGENDA ITEM: Indian River Co,

Admin.

Legal

Budget

Dept.

Risk Mgr.

F:\Community Development\Users\CurDev\BCC\2008 BCC\Oceansandsextension.rtf

Apll"T"<.d Date

( \ 14..) 1/J J I Ill?

( (I/Or' tf {?{)I 0'3

2 90

Kim ley-Horn

_j :;:_·

and Associates, Inc.

August 20, 2008 047908000

Mr. John McCoy Senior Planner Indian River County 1840 25th Street Vero Beach, FL 32960

RE: Ocean Sands Site Plan Approval Extension Request Project No. 2003010058-59252 File No. PD-07-09-08

Dear John:

Please allow this letter to serve as a formal request to extend the current Preliminary Development approval for the Ocean Sands project for the maximum extension period allowed from the expiration date of September 13, 2007. As we discussed in our recent meeting, due to market conditions, the project has not moved forward as quickly as the applicant had first envisioned. As such, the applicant would like to maintain, to the extent possible, the entitlements received on the property.

We appreciate your review and consideration of the request to extend the PD approval. Please call me at 794-4075 with any questions, comments or requests for additional information.

cc: Dave Jenkins

• G:\47908000\wp\corresp\IRC_Site Plan Extension. doc

• Suite 300 60121s!Street Vera Beach, Florida 32960

TEL 772 562 7981 FAX 772 562 9689

--ATTACHMENT 9Jl I. - _ .... -·····- .. -- a-. ...

GOV.

AnACHMENT 29 2

-

)> -I r

\i )>

z h ,. l -I

' () ' I ' ,,

0 I' ()

m )>

z

September 13, 2007 Planning & Zoning Approval Conditions Ocean Sands PD-07-09-08

1. Prior to release of the approved PD plan, the applicant shall:

a. Provide a recorded copy of tbe unified control document that is acceptable to the County Attorney.

b. Provide use restrictions on the accessory changing rooms, limiting tbe use to project residents and non-paying guests of residents.

c. Obtain release of the existing 1.89-acre conservation easement from the Board of County Commissioners and establish a new 1.93-acre or larger conservation easement.

(Note: Please provide updated information for the items above.)

2. Prior to the issuance of a certificate of occupancy for the first building, tbe applicant shall:

a. Construct or bond-out the SR AlA sidewalk; b. Install streetlights as depicted on the PD plan; c. Establish the buffers shown on the landscape plan; and d. Implement the tree preservation and relocation plan submitted as part of the site plan

application.

The following shall occur prior to the release of the approved site plan:

1. Copies of permits or certification from all jurisdictional agencies shall be submitted to the Planning Division as follows:

A. Indian River County Tree Removal B. Indian River County Land Clearing C. Indian River County Type "B" Stormwater D. FDEPCCCL E. Indian River County Utilities F. St. John's River Water Management District Permit G. FDEP Water Permit H. FDEP Sewer Permit I. FDEP NPDES J. FDEP ERP K. FDOT Drainage L. FDOT Driveway Modifications

2. Since the approved site plan provides for connection to a public utility system, construction plans shall be reviewed and approved by the Utility Department, prior to site plan release.

3. Prior to building permit issuance, tbe development must apply for and obtain a concurrency certificate. Allow 2-3 weeks for approval of the certificate and please not that traffic impact fees and water and sewer impact fees must be paid prior to obtaining the certificate.

ATTACHMENT #4

F:\Community Development\Users\CurDev\P&Z\2008\0cean Sands 2007 approval conditions. rtf

CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA

DEPARTMENT OF GENERAL SERVICES PURCHASING DIVISION



THROUGH: Joseph A. Baird, County Administrator

Thomas Frame, General Services Department Director ~cJ~

FROM: Jerry Davis, Purchasing Manager ~ PREPARED BY: Maeghan McLaughlin, Staff Assistant II, Purchasing Division

SUBJECT: Approval of Bid Award for IRC Bid No. 2009006 Annual Bid for Aluminum Sign Blanks and Hardware


The Traffic Engineering Division has requested an annual bid for Aluminum Sign Blanks and Hardware for FY 2008/2009.

The Bid results are as follows: Bid Opening Date: September 3, 2008 at 2:00pm Advertising Dates: August 12, 2008 DemandStar Broadcast to: Two Hundred Seventy Eight (278) Vendors Specifications Requested by: Fifteen (15) Vendors Bid Responses: Seven (7) Vendors

BID TABULATION:

* Only Custom Products Corporation and Universal Signs & Accessories bid all items.


The new bid prices represent a 1.877% increase over the last bid from November 2006.

95

CONSENT AGENDA RECOMMENDATION:

Staff recommends awarding this bid as follows:

• Award all items to Custom Products Corporation as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid.

• Authorize the Purchasing Division to issue blanket purchase orders or individual job purchase orders, for the period of October 1, 2008 through September 30, 2009 with the recommended bidder.

• Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County.

ATTACHMENTS:


Indian River Co Admin Legal Budget Department Risk Manager

0

IV~t:!}

~Jik ~~

Date _/I> ·LO.f _I<' <lelr 10 Llll/J ld ~~I o'il

I

96

"iY-

To:

Through:

From:

Subject:

Date:

,

'

INDIA RECEIVED PURclifJ~E~~OUNTY

MEMtJEP I q A q: IHI

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT

TRAFFIC ENGINEERING DIVISION


Christopher R. Mora, P.E. ~ Assistant Public Works Director

Kelly M. Sobczak, ,A Staff Assistant III Y{:j' Acceptance of Bid #2009006 for Aluminum Sign Blanks and Hardware

September 15, 2008

Traffic Engineering reviewed the subject bid and recommends awarding Section 1 (Aluminum Blanks) and Section 2 (Hardware) to Custom Products Corporation ofJackson, Mississippi.


If you have any questions please contact Marc Webb, Traffic Operations Manager, at 226-3460,

Thank you for your attention to this matteL

97

Bid No.: 2009006

Bid Title: Annual Bid for Aluminum Sign Blanks & Hardware

Bid Opening Date: 09/03/2008

Time: 2:00pm

Indian River County Purchasing Division 1800 27th Street, Vero Bea<h, FL 32960

(772) 226-1416

BID TABULATION SHEET

Witness: Maeghan McLaughlin

Witness: Jerry Davis

'.:._ :._ .. :_.:,:· .·:·-·:· ... -:.· : .. _::.-.:-::>. -~~-_:; -.. ·..:_:.,::.·· __ :.·-::·<·- ...... ,---_:-_ ' . ._-: . :' -.. >-.:-·: ··.·_.:_:_:·_.:;::··:-~---, ------. ,':':.:·: __ ... -<::..)./( ... 'I::>_·_

.•·•· =~· .·.. attifli~,,~~-~) .~.~)~· d·¥~~~?)>· _,Custom Products Corp.

Jackson,MS

Osborn Associates, Inc. Loaan,OH

American Sip Brackets Green Forest, AR

Vulcan Si(lns Foley,AL

- , Rocal, Inc. Frankfurt, OH

Hall Sips, Inc. Bloomington, IN

Universal Signs & Accessories Fort Pierce, FL

COMMENTS: tn

'co '·

XIXIXIN

XIXIXIY

XIXIXIY

XIXIXIY

XIXIXIN

XIXIXIY

XIXIXIY

$52,539.43

$46,020.33

NO BID

$48,619.70

$73,322.86

$54,841.27

$58,480.05

$87,374.50

NO BID

$2,905,00** Bid Only 3 Items

$102,513.00*"' No Bid Item 54

NO BID

$44,784.00** No Bid 54-61

$112,285.50

$139,913.93

$46,020.33

$2,905.00** Bid Only 3 Items

$151,132.70

$73,322.86

$99,625.27

$170,765.55

SPECIFICATIONS FOR:

BID NUMBER:

BID OPENING DATE:

LOCATION:

PURCHASING DIVISION BID FORM

ANNUAL BID FOR ALUMINUM SIGN BLANKS AND HARDWARE

2009006

September 3, 2008 at 2:00P.M.

PURCHASING DIVISION 1800 271

h Street Vero Beach, FL 32960

In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following: Furnish Aluminum Sien Blanks. Sien Posts, and Hardware on an as needed basis. All Aluminum Blanks will be .080 G - Material

Item# I

2

3 4

5 6

7 8

9 10

11

11

Item#

c.o c.o

Section One -Aluminum Blanks Size/Type Quantity

12 X 16 200 J2 X 18 200

24 X 12 !50 12 X 24 200

12 X 30 !00 12 X 36 !50 24 x 8 (80 Mill Four Holes Drilled I See Attached Sketch) 400 !8 X 6 100 18 X 12 !00 18 X 18 200

18 X 24 !00 21 X 15 100

Size I Typ!____ ----

_Quantity

11

Unit Unit Price Extended Price ea. '_) ~J. 78\J....ffi ea. 4.d.B ::Ac:::r. .CD ea. SJ..olo K\..\Ci.cD ea. S.tot.o I \'?:,d- cD ea. hi~ h\~.co ea. 8.6'-\ \d.?to .ro ea. '1. .C\S IS~O.OO ea. d ~\ I rl.'-t I .01:) ea. ~.::l-t\ '-\d. C2 . 00 ea. (o.~d. \d.\P\lCO ea. ~.().'\ ~d-'-t. CD ea. lo.IS ( nlc:; .CO

Unit Unit Price Extended Price ------ - ---- ---- -- --

.;

12 124 x 24- Diamond 13 124 x 24 - Pentagon 14 l24x6 15 124 x 8 (No Holes) 16 l24x8 17 l24x 18 18 l24x24 19 l24x 30 20 l24x36 21 l24x48 22 130 x 30- Diamond 23 130 x 30- Pentagon 24 130 x 30- Octagon 25 130 x 30- Triangle 26 l30x6 27 l30x 8 28 l30xl2 29 130 X 30 30 136- Circle 31 136 x 36- Diamond 32 136 x 36- Pentagon 33 136 x 36- Triangle 34 136 x 36- Octagon 35 l36x6 36 l6x 12 37 l36x24 38 136 X 30

Item#

-0 0

39 148 x 48- Diamond Size I Type

75 I ea. 1\a.C\~ 50 I ea. I ID (\L.: 1 I ea. I ?JIJC..

50 I ea. I~ CO\ 50 I ea. I '2, 5 \ 50 I ea. I S .a<-\. 200 I ea. I \().C\C\ 1000 I ea. I \3.~t_o 100 I ea. IHo.~~ 25 I ea. I d. \.<2W 25 I ea. 11J.09, 150 I ea. I 1~.~:) 5oo I ea. 11 S.PIS 50 I ea. IC(_(\{ 100 I ea. lli.~ 100 I ea. I L\. (\\], 125 I ea. l:L 1-:=, 100 I ea. II/ D~ 25 I ea. ~~ <Q 2 1 I ea. l~l\ SO.

100 I ea. IJd.~'L., 25 I ea. I \~ ()\.C I I ea. la,d,. ~~

50 lea.l4~\ 25 I ea. I I .l . .D

I I ea. lllo.~C\ I I ea. I d,_~ '-\.QI.

Quanti!yl Unit I Unit Price 25 I ea. J Lj'?J.3D\

12

..)

IBd.'·tJS I C)'{O..so 3.00\ \oto:SD

11qoso L\\d..CD loi.\9\B.CO

"2..( 1'\(.~c\~ 0 0 ll..o?PLc6

15'-tlo.SO 14-a.:J.CD /,;)'\']"J.::O I~;;J5.CY"'' 1453.50 ll\..3-Pl.CO YC1'-i..cn

.a. \.as ]Dfl ffi

ISJa./'S d..'-\.SC1 [:}0, <6~. 0()

IM\nXX1 ld.d-.~3 d.:\S.SO 40.rl."5

\o.'l,L.. I dn.\\l\

Extended Price DS?'-1.11 S

v

40 48 x 18 I ea. I to.~lj_ IJQ.'1:,~ 41 48x30 I ea. ld/~ dl,dd-42 48 x 36 · I ea. 'O_cl\Dt l'bd-JJll 43 48 x 48 I ea. 42 :\C\ ~ ":2,_0.. 44 60 x 30 I ea. ~'-\.0"-- , ~1...\.0·~ 45 36 x 36 I ea. d.\.\ 1:)C\ 1,.:,(\.1 SC\ 46 24 x 12 350 ea. S~icL\t> 1 C\.b). i:::D_ 47 18x 18-Square 50 ea. <o.~d. ~\.oJ::::C:L

J Sub-Total for Section One" $ 5d.5?H 1...\ ~

Section Two - Hardware for Traffic Signs Item# Size I Type Quantity Unit Unit Price Extended Price

48 J Post, Delineator, 6ft Galvanized 1.12 lbs./ft 50 ea. ~.IS _1-iSl.SO 49 1 Post Rib-Bak, 12ft Galvanized 2.0 lbs./ft 600 ea. J-lo.l...\5 JSIQIO .CO 50 I PostRib-Bak, 12ftGalvanized3.0lbs./ft 350 ea. 1~/.Crl r~dB~S() 51 , Street Sign Brackets, Aluminum, #91 UF Supr-Lok, 90 Sign-to-Sign Bracket 300 ea. L\. 0\.D I a_ W,.(Xj 52 • 90 Post-to-Post Sign Bracket !50 ea. y. r ~ I (D \q .'50 53 • 180Post-to-PostSignBracket 200 ea. 4.\'"'J ~ 54 Post, Round f.ube, Aluminum .156 Wall Thickness, as per FOOT Specs. 4W' 50 ea \ C\0. OE:> r..~

x 16' (\)\)00('(A /rf'o(D I ilo ':iU') '"fl '"1 - 'i l(7 1~ XLI ~Co )( • ;;).?:i1 ~ ~+_nb,..('W"i\ ~PJ '-1.:J0'-\.00 Unistrut or Eqbivalent (see specification attached) FDOT Approved 1 d-(?>7)

551 Sign Post I & 3/4" x I & 3/4" x 12' , 7/16" Holes on four sides entire length 1000 of post- galvanized \1....\0o., no ea. dt .lo~ d.~(rfl.D.OQ

561 SignPost2-l/4"xl2'12ga. '--' v __ 500 ea. 5.~2, d-3'-\0.DO

Item# Size/ Type Quantity Unit Unit Price Extended Price 57 I Sign Post Anchor 2" x 2" x 3', 7/16" 12 ga., Holes on four sides entire length

1000 \0.;}.\...o of post- galvanized ea. \Dd.lDO · 00

........ 13 0 ........

Hardware for above posts (Items # 55 and 56)

58 Comer Bolt through 2" 2000 ea. .f1~ ILf &JO.OC\ 59 Comer Bolt through 2 & 114" 2000 ea . • ~?;, Lj(oO.OQ 60 7/1 6" Hex Nuts 2000 ea. . oe llDO,CO 61 3/8" Drive Rivet (Steel) C A h)l'i\ in\.Jm) 4000 ea. .I...\ <7- lo20 .CJD

Sub-Total for Section Two: $ ~l'b7LJ.5D

I Grand Total: I 1$ (~9P\ l~fY"!z I

_.... 0 N

ITEM# 7 (24" x 8" 80 MILL SIGN BLANK) REFERENCED

SKETCH:

24" I

+0 ·1 1" '

-.o-. 3/8" HOLES

1/4" HOLES

0 f_1"

80 MILL BLANK ALL DIMENSIONS TYPICAL

14

0

--.---

8"

{/



YesD


companyName:GOStom ProctucK C:Oq). Company Address: 1? . Q . '\?,Q'j. Sl\ QDt._ \

City, State 30 ( \(SQo m s Telephone<600 3&>'J / L{Cj d--

Zip Code3CJ ~ 2<J Fax: 2C!J 00G 3l!Lf '-I

E-mail: He,' ell @cpcs ISJOS~ CO/Y" Occupational License: \ d.\o':\ l FEIN Number: {Q l/ D 7 0 / (o 3 S Authorized Signatur~~--===---1.-<"--=-~--=---------Date: 08 -)..7-06 Name: t--\e ~ (t (Yl~(9_Q..Q Title: 13 t'd f(})/lC<_q£I

{Type I Printed) -if

Pagel of20

103

•

Affidavit of Compliance (Please include this form with your bid)

Indian River County Bid # 2009006 for Annual Bid for Aluminum Sign Blanks and Hardware

D We DO NOT take exception to the Bid I Specifications.

~ We TAKE exception to the Bid I Specifications as follows: _______ _

Company Name: -----'C1;:7Ul:fSl:tT+4Q'=IJ~MA-1-P'I"Rf(.Q)b0)bUK;CriT~S>-{C;(QJIRI'41Pr'---------P.O. BOX 54091

Company Address: --~·w!A"-'C"'KSO:.unNwM"'"S"--"'39:u288-409"""'!Hlll1L-_________ _

Telephone Number: 11:>0"\lo:J ll.lC\"d.-

E-mail: b\eldl @~slcao~.(O~ Authorized Signature: ~ \-z.- _.. ~ Name: ldeid t (Y]~6Rg

(Typed I Printed)

Page2of20

Fax: 58CQ;:}Dle 3YYL{

Date: 0~-d J -0 ~ Title: E~d {Y)~

104

'iN CONSENT AGENDA

DATE:

TO:

THROUGH:

FROM:

PREPARED BY:

SUBJECT:

BACKGROQND:

INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES

PURCHASING DIVISION

September 30, 2008



Thomas Frame, General Services, Director ~ e.J.~ Jerry Davis, Pnrchasing Manager ~ Maeghan McLanghlin, Staff Assistant, Purchasing Division

Approval of Bid Award for IRC Bid No. 2008078 Demolition of Lennie's Lounge Building

The Public Works Department has requested the solicitation of competitive sealed bids for the demolition of Lennie's Lounge located at 1959 43nl Avenue, Vero Beach, Florida.

BID RESULTS:

Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications Requested by: Replies:

BID TABULATION:

September 24, 2008 at 2:00 pm September 3, 2008 Four Hundred Thirty Nine (439) Vendors Forty (40) Vendors Nineteen (19) Vendors

105

CONSENT AGENDA Demo Doctor, Inc. Fort Lauderdale, FL $17,500.00 KST Construction, Inc. Okeechobee, FL $18,000.00 Southern Majestic Homes Lake Wales, FL $19,000.00 Cross Environmental Services, Inc. Crystal Springs, FL $23,848.00 Kirnrrllns Contracting Corp. Tampa,FL $30,850.00 SRD Construction & Development Corp. BID PULLED BY BIDDER

ABS Contracting, Inc. DISQUALIFIED- NO BID BOND (REQUIRED IF BID EXCEEDS $25,000.00)

RKC Land Development, Inc. DISQUALIFIED- NON-COUNTY BID FORM SUBMITTED

TOTAL AMOUNT OF BID: $11,225.00

SOURCE OF FUNDS: 10215241-066120-06041

RECOMMENDATION:

Staff recommends that the bid be awarded to Harry's Haul, Inc. as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid. Harry's Haul, Inc. is a state certified demolition and asbestos abatement contractor.

Staff further requests that the Board of County Commissioners approve the issuance of a purchase order after receipt of the appropriate certificate of insurance.

ATTACHMENTS: Department Recommendation Memo Bid Tabulation Bid Form

APPROVED AGENDA ITEM Indian River Co Admin

v Date r

Legal lo/QC{d 10-d T~ ( N 10/1 1'7.

(o r 0 I' BudRet Department Risk Manager I f

106

To:

From:

Date:

Subject:

MEMO INDIAN RIVER COUNTY

PUBLIC WORKS DEPARTMENT

Jerry Davis Purchasing Manager

Christopher R Mora, P.E. ~ Assistant Public Works Director

October 1, 2008

IRC Bid No. 2008078 Demolition of Lennie's Lounge

The Public Works Department reviewed the bids received by the Purchasing Division for the demolition of Lennie's Lounge. Public Works recommends the project be awarded to the low bidder, Harry's Haul, Inc. of Winter Park, Florida, in the amount of$11,225.

107

Bid ## 1008(178

Bid: DemollUon of Lennie's Lounge

Bid Opening Oate: 09fl4fl008

-- -· ---- r

@ BIDDER .:

I

I SRD Construdlon & Development Corp. Winter Haven, FL

y

1 Harry's Haul, Inc. Winter Park, FL

y

3 Central Environmental Services, Inc:. y Orlando,FL

.~r--.

4 Sonny Glasbrenner,Inc. y Clearwater, FL

S LGT Enterprtus, LLC Melboume, FL

y

6 L.!.B, Demolition A ConaulUng Contractors, Inc. Jenun Bea.eh, FL

y

1 Samtula Waite, Inc. New Smyrna Beach, FL

y

8 The BG Group y Boca Raton, FL

9 United Irrigation, Inc. Vero Beach, FL

y

10 Honry Fischer & Son• Leaslns, Inc. Sebattlan, FL

y

II Frank·Lin Euavatln& Inc. Melbourne, FL

y

r 12

Forman '1 Construc:Uon & Excavation, Inc:. y Avon Park, FL

13 Demo Doctor, Inc:. y Fort Lauderdale, FL

14 KST Conatruc:tlon, Inc. y Okeechobee, FL

1! Southern Majestic: Homes y

Lake Wales, FL

16 Croll Environmental Servtus, Inc:. Crystal Springs, FL

y

',,~ 17 Kimmins Contraetlns Corp. y

Tampa.,FL

18 ABS Contraetlns, Inc.

Homestead, FL

;,19 RKC Land Development, Inc.

" Wut Palm Beach, FL

"....

Indian River County Purchasing Division 1800 17th Street, Vero Beach, FL 32960

(771) 567-8000 ext. 1416

BIOTABULATIONSHEET

] •

i I

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

NIA y

Wl_t_ness: Mae~a_l)._ Md.a..YI!.hlln

Witness: Jerrv l)ayls

·a i !

TOTAL BID PRICE

N BID PULLED BY BIDDER

N su;ns.oo

N $12,118.00

N S!Z,SOO.OO

N $12,885.00

N S!4,500.00

N $14,72'1.00

N $14,860.00

N $15,000.00

N $16,47~00

N $17;311.00

N $17,400,00

N $17,500.00

N $18,000.00

N $19,000.00

N $23,848.00

N $30,850.00

DIS(JUALIF1ED ·NO BID BOND (REQUIRED IF BIDS EXCEED SZS,OOO.OO)

DIS(JUALIF1ED ·NON-COUNTY BID FORM SUBMITTED

co 0 .......

Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960

Specifications for:

Bid#:

Bid Form

Demolition of

2008078

Bid Opening Date I Time: September 24, 2008 at 2:00P.M.

Bid Opening Location: Purchasing Division 1800 27th Street Vero Beach, FL 32960

In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following:

1. Demolition of Lennie's Lounge located at 1959 43rd Avenue, Vero Beach, Fl

Total Bid Price s__;_I_I.J....'L;:-;:;-7.-_S-;----In Numbers

f \-eve v;\\1 ov &a VI J TvV o f.l.v V1 drt'd JvVeVl~-_~ In Words ,::, ~

Im I'Yle.c! i o.. .\.e 1 'l C\ ~v-Demolition completion time after receipt of "Notice to Proceed" or PO.(¥;. be:<S.to~ Siivv£'jDAYS

'I vta: f<.VItYlo. }b"IA) Please submit one (1) original and one (1) copy of your bid. ., '1 d-.. d

L.- L . '""'\ S -{W\ 0 The undersigns hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additfonal compensation.

Company Name: _ _.t\g__,___,-'-'{Ly_,.,.,_,'J.s-+-\-k~v~l--fl~k..-::.'-'!1-l--':t.::._:_. ___________ _ 1 A Company Address: n. ~ we.) VO\JY ~'"'-(__ 'V-(_.

\J\h ilkt/ e ~ v' t) ·fL- Zip Code _3 Z. )-8 9 Telephone: fO"~· · ~bO ' Y 9 0 2J Fax: 40l· lP lo (J · ~I Blo City, State

E-mail: RLCAVSoV\ (') ~~~bevt'lo);hoVI. to~ Business License Tax Number: ·-=1- \ ..: 0 '\ S 4 q 3,0 FEIN Number:---------

Page 13 of21

109

Page 14 of21

11 0

/ CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF GENERAL SERVICES

PURCHASING DMSION




Thomas Frame, General Services Department Director ~ c.-J~ FROM: Jerry Davis, Purchasing Manager ~ PREPARED BY: Maeghan McLaughlin, Staff Assistant IT, Purchasing Division

SUBJECT: Approval of Bid Award for IRC Bid No. 2009007 Annual Bid for Traffic Signal Equipment


The Traffic Engineering Division has requested an annual bid for Traffic Signal Equipment for FY 2008/2009.

The Bid results are as follows: Bid Opening Date: September 4, 2008 at 2:00 pm Advertising Dates: August 13, 2008 DemandStar Broadcast to: One Hundred Fifty Eight (158) Vendors Specifications Requested by: Thirteen (13) Vendors Bid Responses: Three (3) Vendors

BID TABULATION:


The new bid total represents an 18.85% cost decrease from the last bid that was awarded in November 2006.

RECOMMENDATION:

Staff recommends awarding this bid as follows:

1 1 1

CONSENT AGENDA • Award all items to Traffic Parts. Inc. as the lowest and most responsive bidder

meeting the specifications as set forth in the Invitation to Bid.

• Authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2008 through September 30, 2009 with the recommended bidder.

• Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County.

ATTACHMENTS:


Indian River Co Admin Legal Budget Department Risk Manager

iPPfi>X'¥

i ( II --r<Vti

V"

Date ,t;//lllf' 11~1 r rnlr' I IV/ , "" f& '/{)!(

' I

112

To:

Through:

From:

Subject:

Date:

RECEIVED

"Jij~ING DIVISION

MEll'j)M lq A q: ijl!

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT

TRAFFIC ENGINEERING DIVISION


Christopher R. Mora, P.E. ~ Assistant Public Works Director

Kelly M. Sobczak luff Staff Assistant III LI(J Acceptance of Bid #2009007 for Traffic Signal Equipment

September 15,2008

Traffic Engineering reviewed the subject bid and recommends awarding Sections 1 through 4 to Traffic Parts, Incorporated of Spring, Texas.


If you have any questions please contact Marc Webb, Traffic Operations Manager, at 226-3460.

Thank you for your attention to this matter.

113

INDIAN RIVER COUNTY PURCHASING DMSION

1800 27th Street, Vero Beacl!, FL 32960 (772) 226-1416

BID TABULATION

2 Disclosure

3 Section I Subtotal

4 Section 2 Subtotal

5 I Section 3 Subtotal

6 I Section 4 Subtotal

7 I GRAND TOTAL

your company extend these 8 lorices to other governmental

in the State of Florida?

WITNESS TO BID OPENING: Maeghan McLaughlin

c.,) <!)

.EI <!)

" til <a ~ '.6 El "' <!) .a E-<

.EI

X

NO BID

NO BID

NO BID

$17,440.00*

$17,440.00*

I y I

c.,)

.EI ~" :::;

j -~ ri Q ~ ~ ~

.:J <!)

-~ ~ ~ ....:l

X

$14,557.32**

NO BID

NO BID

$2,554.50**

$17,111.82

y

AND Jeny Davis

I

c.,)

.EI ~" >< P... E-< c.,) oO ~ ·§ .... 0..

E-< CZl

X

$8,365.15 ***

$49,033.00 ***

$9,662.00 ***

$14,178.82 ***

$81,238.97 ***

y I I I

.......

..-

..--

-""

INDIAN RIVER CouNTY PURCHASING DIVISION

1800 27"' STREET

VERO BEACH FL 32960 (772) 226-1416 FAX (772) 770-5140

BID FORM

SPECIFICATIONS FOR: ANNUAL Bm FOR TRAFFIC SIGNAL EQUIPMENT

BID NUMBER: 2009007

BID OPENING DATE: SEPTEMBER 4, 2008 AT 2:00P.M.

BID OPENING LOCATION: PURCHASING DIVISION 1800 27'" STREET VERO BEACH, FL 32960

iN ACCORDANCE WITH ALL TER~IS, CONDITIONS, SPECIFICATIONS, AND REQUIREMENTS, THE BIDDER OFFERS THE FOLLOWING:

SECTION I HARDWARE I WIRE FOR TRAFFIC SIGNALS

Ouantitv Unit Unit Price Total Strandvice deadend 3/8 inch

1 Universal Strandvice with automatic

50 EA. $ ftt.oo $ /7oo.o() compression - short bail, for use with 3/8

174'7171 inch, seven strand P"alvanized cable. Strandlink 3/8 inch

2 Universal Strandlink with automatic

50 EA $ }-Cf.{!d $ 11100. (/0 compression for use with 3/8 inch, seven f/J tl t;'(, strand Qalvanized cable.

Strandlink l/4 inch

3 Universal Strandlink with automatic

50 EA $ f'J,OO $ 7)tJ.tJ<l compression for use with 1/4 inch, seven tPllH strand <ralvanized cable.

4 12 inch length oval eye bolt with nut, 3/4

lt-r 11·n~. EA $ /7. r; (} $ Jf().oo inch diameter galvanized.


12 EA $ ~~~.&0 $ I~ 7 ,J-o inch diameter galvanized. T-qi;q


12 EA $ 17' !fJ $ }.0 r;. )0 inch diameter galvanized. :J- ttrT" 7

20 inch length oval eye bolt with nut, 2 12 EA

$ /f/18!~ $ 3/4 inch diameter galvanized.

Pagel0of22

115

Quantity Unit Unit Price Total


12 EA $ A/P Pi) $ ..-___ inch diameter galvanized.

9 2 inch by 2 inch square galvanized flat

50 EA $ . (,') $ 3')...)0 washer 3/4 inch hole. :f-107fo Screw anchor 8 feet length.

10 Screw anchor with eye, 10 inch plate, rod 5 EA $ ~~. 6 «; $ l(~O.h5" diameter 1.25 inch. ~f-tp5]0 Lit? A-3/8 inch messenger and guy strand cable.

ll 3/8 inch steel messenger or guy, seven rrJ~~

FT $ f,?'j()d.JO MF $ }

14)().oo strand, double galvanized.

Lashing rod, for cable to messenger 12 attachment, rod length 5 feet, cable 500 EA

$ ;1/tJ ~j $ diameter .670 to .749 (white tip). Lashing rod, for cable to messenger

13 attachment, rod length 5 feet, cable 800 EA $ $ diameter .750 to .839 (red tip).

14 Signal cable, 7 conductor AWG #14 2000 FT $ $ copper stranded IMSA No.l9-l. \

Signal cable, 12 conductor AWG #14 I 15

copper stranded IMSA No.l9-l. 2000 FT $ $

16 Signal cable, 16 conductor AWG #14 2000 FT $ $ copper stranded IMSA No.l9-l.

Detector lead-in cable, 2 conductor 17 AWG#l4 copper stranded 5000 FT $ $

IMSA No.S0-2.

18 Wire, THWN copper stranded, 15000 FT $ $ AWG#l4, black. 2500ft per rl

19 Signal cable, 3 conductor AWG#l4

1000 FT $ $ copper solid IMSA No.l9-5

Communication paired cable, A WG#22, 20 25 paired, jelly filled, with electrical 2000 FT $ $

shielding.

21 Wire, THWN copper stranded, AWG#6,

1000 FT $ $ black.

22 Wire, THWN copper stranded, AWG#6,

1000 FT $ $ white.

Pagell of22

116

SECTION 1 Unit Price Total HARDWARE I WIRE FOR TRAFFIC SIGNALS

23 Wire bare copper stranded A WG#6. 500 FT $ A/f)~.) $ \

Communication Paired Cable AW6#22

\ ~ 24 12 Pair, Jelly Filled, with Electrical 2000 FT $ $ Shielding

SUB-TOTAL FOR SECTION 1 s 7/ "~ , _,.~ ,r.r; ~ 3 , S", "::: fTT/FTf IJ\) 0 'IS i/l#J

SECTION2 TRAFFIC SIGNALS Quantity Unit Unit Price Total Traffic signal five section cluster. LED J J&- rre-~~b- tAtM- rJv/IJ./b Red & Green Arrow Five section cluster, VVI H')J.t I " 4 ], P'f V•ldY. 12 inch, lightweight (top section=

25 aluminum, remaining sections= poly), 16 EA $ ~)-c/.t'O $ ~ 1 ~OtJ, oo

glass lenses, all black with tunnel visors. w I F.--t M.l. The traffic signal shall be a complete . assembly with frame work . S P }.IT M- Gt-A-· AAIAI-?5

Traffic signal three section vertical. 51€7-tr~- ?P'i- ~b·(3(;A/-/L LED Red & Green. Three section vertical mount, 12 inch, lightweight (top

W/ /' )f'!/ I' k J..'j7f V>!dV s 7, LfLfO · (IIJ 26

24 EA $ 3/0. ad

section= aluminum, remaining sections =poly), glass lenses, all black with tunnel visors. Traffic signal one section vertical. 5/b·fU- 1!7- tr&- tv//-oo Incandescent. One section vertical

27 mount, 12 inch, aluminum, glass lenses, 24 EA $ ~(),dO $ f1 ~Lo.oo all black with tunnel visors. Lens color to be specified either amber or red. Traffic signal pedestrian international $5 PETJ· PA-AI· 0 W-1./

28 symbol. Pedestrian traffic signal square

48 EA $ }.jlj.CI() $ 111 J.~O.r;o single unit, black in color, international symbol, L.E.D., solid symbol.

Traffic signal head disconnect. '() H ~Alb-Jv II-P.. -1.4 ).. 31J 1-1./ j /JS.tld f1t0r;(},06 Signal head disconnect, 12 or 18 circuits ~~c. /1-buj r

29 (please specifY), designed for tri-stud

30 EA + $ serrated disconnect hanger, black in color, tri-stud serrated signal flange VH!ft;:nlrf'"~ fltt;-}IJ/~AI J /ft;(}.()t) ~I ~60 .00 hanger. Traffic signal tri-stud disconnect hanger.

$}}.)() 30 Tri-stud serrated, adjustable disconnect

Iff 311. EA $ 17M. oa hanger.

Traffic signal bracket side of pole type. 31 Side of pole bracket, serrated tri-stud, 16 EA $ 77JJO $ f;Joo,oo flat flange, black. ,)/Of ..010-JAI},. AYJIJ-JA-"8 -I p

Traffic signal bracket two way.

{p)O.oa 32 Two way traffic signal bracket, top and 10 WAI- /sA

$ (o'i".t?d $ bottom set, serrated tri-stud, black. 15 f1J1h~I3J#-It Traffic signal bracket three way.

$//~.dd 41.{0,00 33 Three way traffic signal bracket, top and 4 EA $ bottom set, serrated tri-stud, black. 1.~ PAii/1. BJAJ· A- l,.v..v- J5 SECTION2 TRAFFIC SIGNALS Ouantity Unit Unit Price Total

Page 12 of22

117

Traffic signal bracket four way. ~NHM; ~·w- /'r)/)1·16 34 Four way traffic signal bracket, top and EA $ fJ).vYJ $ )' l.f0. CIO

bottom set, serrated tri-stud, black.

35 Pedestrian detector button. PB· j /0- 6t1t ·8 75 EA $ JtJ.df) $),. t;O.()d

36 Slip fit, 4.5 inch, serrated tri-stud, one hole on top. POH J- /JJ/ Jt-15 8 EA $ J],M $ J'ftJ. oo

37 Signal lamp, !35 fptt, Duro-test. Or Equivalent 7 J J. r soo EA $ /.7) $ co 75.00

38 Signal lamp, 90 watt, Duro-test. Or

2SO EA $ 1/o p:) $ j Equivalent Pull box, Inside dimensions

39 IS X 12 X IS, Cover shall be stamped

32 EA $ $ TRAFFIC SIGNAL State of Florida D.O.T. "Jl]Jfoved. Pull box, Inside dimensions

40 30" X 48" X 24", Cover shall be 10 EA $ $ stamped (Fiber) TRAFFIC SIGNAL

State of Florida D.O.T. approved Span Clamp Lower Engineering Casting \

41 Palm Beach County #2079 32 EA $ $ NO SUBSTITUTION Span Clamp Upper Engineering Casting

42 Palm Beach County #2079 . 32 EA $ $ NO SUBSTITUTION Tri Stud adapter Stainless Steel Bushing \ 43 Engineer Casting# IIS6T 10 EA $ $ NO SUBSTITUTION Aluminum Steel Base with Steel

44 Couplinf arl (l"Jf~:5m door Pelco PB 10 EA $ )~O.Od $ ) 1 ~()o ,oo S340 - ' -l.f Ped Pole 6ft Spun Aluminum Schedule.

~(uLj. fiO 45 40 4.5" O.D . .237"wall T~APd on one 6 EA $ 1'-lq, () 0 $ end Pelco PB SIOOLCP/- -(J{,-t(!J

46 Pole Cap Aluminum Dome type 4.5" Aluminum Pole Pelco #PB5402 fPifJOS 24 EA $ I J, fd $ )')'(.~0

47 Prestressed Concrete Pole 44ft Class VI 4 EA $ .-1/o IN $ \ 48 Prestressed Concrete Pole 52ft Class VII 4 EA $ I $ \

TOTAL FOR SECTION 2 $ l.jC:, 6j~.d0 '

SECTION 3 ELECTRICAL Quantity_ Unit UNIT PRICE TOTAL

49 Load switch, NEMA rpq, 48 Ea. $)J..od $ l,ot;fo.oo 50 Flasher, two circuit, NEMA. iff'Jilt 48 Ea. $ JJ.,IN $ dJt;fn 00

Fisher Price photo cell, plug

J-!id. oo 51 in type. 10 Ea. $)'j.tld $ tPf1J

Vehicle detector. NEMA, 30 52 shelf mount, one channel, Ea. $q().tid $),700.oo relay output ff /()f

Vehicle detector. NEMA, 40 53 shelf mount, one channel,

ff~Mr Ea. $//],dO $ '-f;{p00, ()O

relay output, time delay

SUB-TOTAL FOR SECTION 3 $ 'L~{pl O(}

Pagel3of22

118

SECTION 4: MISCELLANEOUS SUPPLIES

54

55

56

57

58

59

60

61

Quantity 3 Secti~n ~~t_Ar,nt_ B~acket- 12 Cable C"Z.I~/1..1.-1/L. <IJL.C-11-..vN\ 5 Secti~n fl1_a~t _Ar_T,~r';.c~e!-, 1,. 10 Cable !1"2.K/!f_.IJ/)..- 4 ~71-0ihv.NJ Adj Hanger Bar 5 Ff.tmfn 7 20

AP2l TIME CLOCK 6

BB Closure 2 X 12 KIT HiGel-Snlice Kit Cap l l/2 " Bottom Signal

Clamp OZ l l/2"

L.E.D. 12" GREEN BALL GELCORE-ONL Y No Substitution

10

~30 5

50

LE.D. 12" Red Ball 62 GELCORE- ONLY No 50

63

64

65

66

67

68

69

70

71

Substitution

Lamp 150 Watt.~~ ~~aJ Beam 1"1'1 ,;, J.: ~ LED ARROW GREEN 12" GELCORE ONLY·- No Substitution LED ARROW RED 12" GELCORE ONLY- No Substitution

Lens 12" £';~~~ ,L~Arrow Plastic 1 p U ~n

Lens 12" Green Plastic Ball

Lens 12" Yellow Plastic Ball

Lens 12" Yellow L-Arrow Plastic

PED POLE

PELCO MAST ARM CAMERA BRACKET

7 2 Red Black Tracer Cooper Strand #14 AWG

73

74

75

Sign Bracket, Spa!'t(ir~y~ee Swing 20" SET 1 I' lnl'ft.t Signal3 Sec 3M Programmable Signal 4 Sec -Vertical 3M Pro~rammab le

24

15

15

15

fP'f7'i 25

fflf7f 10

tfl.f'llf 15

20

5

500

50

2

76 SURGE ARRESTOR H~JCO He folf)'j~Jd-IJ EDCO PC642C-030D

77 THHN #10 Black Stranded 250

78 THHN #10 Green Stranded 250

7 9 THHN # l 0 Red Stranded 250

8 0 THHN # 12 Orange Stranded 250

81 THHN #12 White Stranded 250

Unit

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Box (5/box)

Box (5/box)

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ft.

Ea.

Ea.

Ea.

EA

FT FT

FT

FT FT

Pagel4 of22

UNIT PRICE

$ /M,oo

$

$ r

$

$

h (}.-) $ ( $ /J.oo

$I) .t/d

$

$

$ I tJf.oo

$

$ J(p.oo

$ $

$ $

TOTAL

$ {i-fO,OO $

$

$ $

$

$

$ 000 ,(J()

$ I

$

\ $

$

$

$

$

$

$ \

$ \ $

$ \ $

$ \

$ \ $ \

119

82 THHN #14 Black Stranded 5000 FT $ A/IJ J).J $ 83 THHN #14 Blue Black Tracer 250 FT $ $

84 THHN#l4 Blue IMSA

250 FT $ $ Stranded

85 THHN #14 Blue Stranded 250 FT $ $

86 THHN #14 Orange Black 250 FT $ $

Tracer

87 THHN #14 White Black 250 FT $ $

Tracer 88 THHN #14 White Stranded 250 FT $ $ 89 THHN #6 Black Stranded 250 FT $ $ 90 THHN #6 White Stranded 250 FT $ $ 91 THHN #8 Black Stranded 250 FT $ $ \ 92 THHN Green Black Tracer 250 FT $ $ \

93 TYPE I 2-circuit flf~e{ cabinet comnlete 470 5 EA $ )t}l),Od $ /,47 ).oo

94 ~~~or Ear Tab AI~ ,l/;n~U 1

24 EA $ /J.,'fY $ #it .ri2.. 95 ~~~or Ear Tab Ph;p~ f~J~ 24 EA $ '0 ,e;,- $

1/l.f.tO 96 WASHER 5116" X I 1/4"

2000 FT $1/& P,) $ """-FENDER 97 Washer Tri Stud with Hole fr\D l:("q y 'il 00 PER 100 $ J..OO,oo I L $ 1CJ(},oo 98 WASHERS NYLON FLAT

5000 PER 50 $ A/p f3,J $ NATURAL 5/16"

100 Weather Head I & 114" Rigid 10 EA $ I $ 101 Weather Head 2" Rigid 10 EA $ I $ 102 Weather Head 3/4" Rigid 10 EA $ $

WIRE BARE COPPER $ $ 103 STRANDED A WG 500 FT

#6/ PER FT 104 XHHW #14 LLOP Wire 10,000 FT $ $ 105 ZIP LOCKS 500 EA $ $ \

Thermoplastic pavement

106 marking material for extruded (handliner) aoolication, FDOTaooroved

Thermo Yellow 10,000 LB $ . ..vh e.-1 $ Thermo White 10,000 LB $ I $

107 Reflective glass spheres 10,000 LB $ $ (beads), FDOT aooroved

108 Traffic paint, FDOT approved \ Yellow 300 GAL $ $ \

White 300 GAL $ $ \ Reflective pavement markers

109 (RPMs), FDOT approved Stimsonite, 4-inch bv 4-inch

Yellow 2,000 Ea. $ /Vv f};) $ \ b-directional

White 1,000 Ea. $ $ \ mono-directional

Pagel5 of22

120

White/Red 500 Ea. $ V!J B.-J $ \ bi-directional

Blue 200 Ea. $ $ \ mono-directional r

110 Jiggle Bars, reflective, I 6" X 6" CERAMIC·

Yellow bi-directional 50 Ea. $ $

White mono-directional 80 Ea. $ $

White/red bi-directional 50 Ea. $ $ \

Pre-formed, heat-applied, 111 reflective Pavement markings.

FDOT approved, white School

6 Ea. $ $ I RRX 10 Ea. $ $

Merge 8 Ea. $ $

Only 10 Ea. $ $

Left Arrow 30 Ea. $ $

Right Arrow 30 Ea. $ $ \ Combination.

4 Ea. $ $ \ Thru/Right Arrow Combination.

4 Ea. $ $ \ Left/Thru AITow

112 Temporary pavement marking tape, foil-back, 4-inch

Yellow 1,000 Ft. $ $ \ White 1,000 Ft. $ $

113 5" x 5" Square Hot Spots

200 Ea. $ \ $ \ SUB-TOTAL FOR SECTION 4 $-/-4 1 --.",...., XJLU7tt.'tl..

GRAND TOTAL (SECTION 1 + 2 + 3 + 4) $ co II) 31/17



Page 16 of22

121

Yes0"' NoD


Company Name: fv•/f'- fu,.,t$ f-t.~.-Company Address: ---!p-'o"--""'f3'-"d..c2C:.....__c~e..L.., ..:..) ___________________ _

City, State ~ IJvi"J ,_ tf;_ Telephone: roo]~f~ t/1 ii E-mail: do,,..., tJ ft-1<#.£ UAVfS, ctu,

T It I

ZipCode 77)%) --6f37

Fax: ..,L:;J-:.u.¥'.:..1·..c.).u9J=--=a..::..:f1f.'-"~-----

Occupational License:---,..,,--------- FEIN Number: 7fe- tJI96ntt Authorized Signature:---#-})."'--"'~~. ~.,@t~:.t~IJ"'~1-------- Date: '1-J.-&J: Name: O&hhy /'1; /lev Title: /(e;•b'-'#1 fvl>"f Jr~~"fr;

(Type I Printed)

Page 17 of22

122

Affidavit of Compliance (Please include this form with your bid)

Indian River County Bid No.: 2009007 for Annual Bid for Traffic Signal Equipment

D We DO NOT take exception to the Bid I Specifications.

gl We TAKE exception to the Bid I Specifications as follows: 45 *ok) OLz /i.,e. ite..,s IN ; th C-ha"/ It I

company Name: tvw.-~ fa.,-n t"'" Company Address: P tJ f3tJ)c ¥'3 I

Spvi~ 1} 77 3f~- o¥) I

Telephone Number: <frJ~- f 4'2' Cd J.-.9 Fax: J--t 1-JU----rJr/fY

E-mail: d{/nhrj (J hr'tf•'- pl{vrJ, /d;lc>?

Authorized Signature: Q~ /JJtilk Date: f-J.--tltf'

Name: 0Ahlt)t Jt,//~v Title: /!.e-,jiiJ.4 fq/d J4,4"',;iek (Typed I Printed)

Page 18 of22

123

TO:

THROUGH:

FROM:

SUBJECT:

REFERENCE:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Director

And (29/ Christopher J. Kafer, Jr., P.E., County Enginee7.

David A. Hays, P.E., C.F.M., Land Development Manager~

Request for Floodplain Cut and Fill Balance Waiver for Island Club of V ero Beach Drainage Improvements

AA-08-09-145 I 99030155-62196

September 30, 2008

CONSENT AGENDA


Carter Associates, Inc., on behalf of The Island Club ofVero Beach Homeowners Association, Inc., is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)( d) of the Stormwater Management and Flood Protection Ordinance. The project is located along the east bank of the Indian River Lagoon at the intersection oflsland Club Manor and West Island Club Square. The project consists of piping an existing stormwater conveyance ditch. The site is located in special flood hazard area Zone AE with base flood elevations of 8 and 9 feet NGVD. The ten year stillwater elevation is 5.0 feet. The proposed displacement of the floodplain below 5.0 feet for which the waiver is requested is 1441 cubic yards (0.89 acre-feet) as indicated in the attached letter from the applicant's engineer dated September 29, 2008.

ALTERNATIVES AND ANALYSIS

The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)( d) 1. ofbeing situated in an estuarine environment within the 100 year floodplain along the Indian River and in staffs opinion it appears that all other Storm water Management Flood Protection Ordinance requirements can be met without adverse impact on other lands in the estuarine environment.

A Type B Flood Protection-Stormwater Management System Permit application for the improvements has been received by the Public Works Department.

F:\Engineering\Land Development Permits\lsland Club\lsland Club Consent Agenda Memo 9-30-08.doc

124

Alternative No. 1

Approve the cut and fill balance waiver request.

Alternative No. 2

Deny the waiver request and require re-design to accomplish an on-site balance of cut and fill.

RECOMMENDATIONS

Staff recommends approval of Alternative No. 1.

ATTACHMENT

1. Letter from G. Sean McGuire, P.E., Carter Associates, Inc. dated September 29,2008.

DISTRIBUTION

1. Robert M. Keating, AICP, Community Development Director 2. Roland DeBlois, AICP, Chief, Environmental Planning & Code Enforcement 3. G. Sean McGuire, P.E., Carter Associates, Inc.


Indian River Conn

Administration

Bud et

Le al

Risk Mana ement

Public Works

Engineering

F:\Engineering\Land Development Pennits\Island C\ub\Island Club Consent Agenda Memo 9-30-0S.doc

125

CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET a VERO BEACH, FWRIDA 32960-3472 • 772-562-4191 • 772-562-7180 (FAX)

JOHN H. BLUM, P.E., PRINCIPAL DAVID E. LUETHJE, P.S.M., PRINCIPAL GEORGE A. SIMONS P.E., PRINCIPAL PATRICKS. WALTHER, P.E., PRINCIPAL

MARVIN E. CARTER P.S.M., Consultant to the Firm DEAN F. LUETIUE P.E., >FL&NC) Consultant to the Finn

September 29, 2008

Mr. Dave Cox, P.E. Senior Civil Engineer Board of County Commissioners Engineering Division 1801 27th Street Vera Beach 32960-3388

.,,. -. '

RE: Island2hrbofYero Beach ~aiJlaieipp~d~e¢ents AA-08~9~145 / 99030155~1itl96\> ...

Dear Mr. Cox:

FRANKS. CUCCURESE, P.S.M. KENNETH M. GOOD, P.E. ROGER A. HAGLER, P.S.M. G. SEAN MCGUIRE, P.E. STEVE D. SNOBERGER, P.E.

In accordance with Section 930.07(2)(d)l of the StormwaterMaril).gelllentjindF;lood Protection Ordinance, we hereby request that a waiver of the cut and fill balance reqlifi,~l#e11ts b<?grarit~dfor.the above referenced project.

The existing ditch lies entirely within the Indian River Lagoon's 1 OQcye!J.rfl<log pl~m, zo!J.6AE (EL 8). The bottom of the ditch varies in elevation from 0.9 to 1.7 (NGVD 1929); with the topofbanl<atelevation 4.3 to 6.3 (NGVD 1929). We propose to fill the entire 0.279-acre ditch.

The total volume of fill below elevation 5.0 (NGVD 1929) is approximately 1,441.22 CY = 0.893± AC-FT.

If this waiver is granted, the project will meet the applicable requirements setfort4 in the Stojjnwater Management and Flood Protection Ordinance. · · · ··· · ·· ··

Please call me right away if you have any questions or concerns.

Yours very truly,

CARTER ASSOCIATES, INC.

G. Sean McGuire, P.E. Project Manager

N:IDEAN\06-36E(lsland Club)\Permitting\IRCIIRC9-29.()8.1tr.doc Serving F1ortda Since 191l

126

/ /

/

TO:

FROM:

SUBJECT:

DATE:


MEMORANDUM

Joseph A. Baird, County Administrator ~

James w. Davis, P.E., Public Works Director ~r

Florida Department of Transportation (FOOT) Maintenance Memorandum of Agreement (MOA) and Authorizing Resolution for Landscape Maintenance along SR60 from just west of 1-95 Interchange (M.P.22.389) to just west of 82"d Avenue (M.P.23.923) FM # 228628-1-52-01.

September 24, 2008 CONSENT AGENDA


The Florida Department ofTransportation (FOOT) is planning to 6-lane SR60 from just west of the 1-95 Interchange (M.P.22.389) to 82"d Avenue (M.P.23.923) beginning in 2009. Included in the project are landscape and irrigation improvements at a cost to the FDQT of an estimated $370,329.93. The FOOT requires local agencies such as the County to maintain the landscaping and irrigation systems, including funding electricity for any pumps required. The attached MOA obligates the County to maintain and energize the installation. The estimated cost of maintenance is $70,000.00 per year for labor and equipment. ·

AL TERANTIVES AND ANALYSIS

The Alternatives are as follows:

Alternative No. 1 -Approve the MOA and authorizing resolution with the FOOT for maintaining SR60 landscaping

Alternative No. 2 - Deny approval of the MOA and instruct the FOOT to delete landscaping from the project

RECOMMENDATIONS AND FUNDING

Staff recommends alternative No. 1 whereby the MOA and Authorizing Resolution is approved. Funding will be from the Road and Bridge Division operating account.

ATTACHMENTS

MOA Authorizing Resolution

DISTRIBUTION

Terry Cook, Superintendent, Road & Bridges

F:\Public Works\Luanne M\Agenda ltems\FDOT SR60 FOOT Landscape Maint MOA Agn 09-24-0B.doc 127

PAGE TWO Agenda Item from James W. Davis, P.E., Public Works Director September 24, 2008


Indian River County Ap.PFO>(ed

Administration (\ '\<:

Budget (; ' Leoat /,{)Y( A Risk Management ,....... Public Works

( \A/

F:\Public Works\Luanne M\Agenda ltems\FDOT SR60 FOOT Landscape Maint MOA Agn 09-24-08.doc

Oat

JO 2_, let-: 10/1 bZI q-z."e-o'Z

1/<-t .,g

128

I

Florida Department of Transportation

CHARLIE CRIST GOVERNOR

Mr. James W. Davis, P.E. Public Works Director Indian River County 1840 25th Street Vero Beach, Florida 32960

Dear Mr. Davis:

Planning & Environmental Management 3400 West Connnercia! Boulevard Fort Lauderdale, Fl 33309-3421

Telephone: (954) 777-4330

Fax: (954) 777-4310

June 18, 2008

STEPHANIE C. KOPELOUSOS SECRETARY

RE: District Four (4) Maintenance Memorandum of Agreement (MOA) for State Road 60 from just west of I-95 Interchange (M.P.22.389) to just west of 82nd Ave. (M.P.23.923). FM # 228628-1-52-01.

Enclosed are four (4) revised original Maintenance Memorandum of Agreement (MOA's) and a set of plans that reflect the landscape improvements that will be constructed for State Road 60 in the Indian River County.

Please have these executed by the County at their earliest convenience returning all four ( 4) to me, with one sealed copy of the Resolution approving such action. Gerry O'Reilly, P.E., the Department's Transportation Development Engineer District IV, will execute and date the originals returning one for your file.

Important: Please do not fill in the date on the first paragraph on page one.

Call me at 954-777-4219 ifl can be of further help.

Sincerely,

Elisabeth A. Hassett District IV Landscape Architect

CC: S. Peterson, P.E., File

129

I

I '

AGENDA COPY

SECTION NO.: FMNO.(s): COUNTY: S.R. NO.:

DISTRICT FOUR(4) MAINTENANCE MEMORANDUM OF AGREEMENT

88060 228628-1-52-01 Indian River 60

THIS AGREEMENT, made and entered into this day of 20_,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and Indim1 River, a political subdivision of the State ofFlorida, existing under the. Laws ofFlorida, hereinafter called the AGENCY.

WITNESSETH:

WHEREAS, the DEPARTMENT has jurisdiction overState Road 60 as part of the State Highway System; and

WHEREAS, the DEPARTMENT seeks to install 311d have maintained by the AGENCY certain l311dscape improvements within the right -of-way of State Road 60 as described witbin Exhibit B; and

WHEREAS, as part of the continual updating of the State ofFlorida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment 311d other reasons, has constructed 311d does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; 311d

WHEREAS, the DEPARTMENT, for the purpose of safety, protection of the investment 311d other reason, as constructed and does maintain the highway facilities as described in Exhibit A attached hereto 311d incorporated by reference herein, within the corporate limits of the AGENCY; and

WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians 311d areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick -up, necessary replanting, irrigation repairs, medi311 concrete replacements as needed, 311d inside the travel way if relev311t; 311d

Whereas, it is the intent of the AGENCY 311d the DEPARTMENT that the AGENCY shall maintain all right of way outside the travel way and improvements made to the travel way at the request of the AGENCY; 311d

S:\lvlaint\t.<mdsc<~pe\MOA f'olders\MOA Draft.<;\SR 60 228628 IndianTov .. '!l.cloc

Page-l-130

I I WHEREAS, the parties hereto mutuallyreco gnize the need for entering into an Agreement

designating and setting forth the responsibilities of each party; and

WHEREAS, the AGENCY by Resolution No . .,?oo1~ated &3 -13 , 20.JLL attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so;

NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows:

1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval wit.hin 10 business days. The Department may elect to withdraw the landscape if changes are not approved within the given time frame. Hardscape shall mean any non-standard lighting and/ or sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete.

2. The AGENCY agrees to maintain the landscape improvements as defined as: plantings, irrigation, and/or hardscape within the medians and areas outside the travel way to the right of way line by periodic pruning, mowing, fertilizing, weeding, curb and sidewalk edging, litter pickup and necessary replanting, and repair following the DEPARTMENT'S landscape safety and plant care guidelines and Exhibit C Maintenance Plan. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-waywithin the limits of the Project.

Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulching the plant beds; to keeping the premises free of weeds; to mowing the grass to the proper height; to properly pruning all plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2) pruning such parts thereofto provide clear visibility to signage or for those using the roadway and or sidewalk; (3) preventing any other potential roadway hazards. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, shrubs, groundcover and sod. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To

S:\Ml:lint\Landscl:lpe\lv10A Fo!ders_\MOA Dratt.'l\SR 60 228628 lndiarifovm.d(lC

Page~ 2-131

I I

maintain also means keeping the header curbs that contain the surfacing treatment in optimum condition. To maintain also means keeping the hardscape areas free from weeds and repairing said hardscape as is necessary to prevent a safety hazard. To maintain also means keeping litter removed from the median and areas outside the travel way to the right of way line.

If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the travel way for these improvements, all costs associated with the utilities associated with accent lighting and /or irrigation including, but not limited to the impact and connection fees, and the on-going cost of utility usage for water and electrical, are the maintaining AGENCY'S responsibility.

(a) The AGENCY shall become responsible for the above named utility costs upon final acceptance of the construction project by the DEPARTMENT and thereafter. The construction project is accepted prior to the start of the Plant Establishment and Contractor's Warranty Period.

Or

(b) The AGENCY shall be responsible for the maintenance of all plant material and I or irrigation after the completion of the Plant Establishment and Contractor's Warranty

· Period, and all other improvements immediately after final acceptance of the construction project by the Department. ·

The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT.

The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape improvement areas fail to be maintained in accordance with the terms and conditions of the .Agreement.

3. If at any time after the AGENCY has assumed the landscape improvement areas and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuantto the terms ofthis Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist( s ), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows:

S:\.Mai.nt\Laud8cape\~\-10A_ Fold<:rs\MOA. Drafts\SR 60 228<128 ImlianTown,doc Page3 132

(a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or

(b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal.

4. It is understood between the parties hereto that the landscape improvements covered by this Agreement may be removed, relocated or adjusted at anytime in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape improvements after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility.

5. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the project listed in Exhibit B in the amounts listed in those agreements should the landscape improvement areas fail to be maintained in accordance with the terms and conditions ()fthis Agreement in the amounts listed in those agreements.

The AGENCY shall be invited to assist the DEPARTMENT in final inspection.

The DEPARTMENT agrees to enter into a contract for the installation oflandscape Project for an amount not to exceed$ 370.329.93 as defined in Exhibit D.

The DEPARTMENT'S participation in the Project cost, as described in ExhibitD is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 90 day warranty and establishment period.

6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the project listed in Exhibit B in the amount listed in the Agreement should the landscape improvement areas fail to be maintained accordance with the terms and conditions of this Agreement in the amounts listed in those agreements.

7. This Agreement may be terminated under any one (1) of the following conditions: .

(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice.

(b) By the DEPARTMENT, forrefusal by the AGENCY to allow public access to all

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133

/ documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement.·

S. The term of this Agreement commences upon execution.

9. The AGENCY is political subdivisions as defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of their agents or employees. Nothing in this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity by any party such that liability is extended beyond the limitations established by law. Nothing herein shall be construed as consent by a state agency or political subdivision of the State ofFlorida to be sued by third parties in any matter arising out of this Agreement or any other contract.

In the event that AGENCY contracts with a third party to provide the services set forth . herein, any contract with such third prn:ty shall include the following provisions:

(a) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the hjsurance Services Office and shall name DEPARTMENT as an additionalinsured.

(b) AGENCY'S contractor shall fumish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning perfom1ance of work under this Agreement.

(c) Coverage is not to cease alld is to remain in full force alld effect (subject to Callcellation notice) until all performallce required of AGENCY'S contractor is completed. All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days notice of Callcellation alld or/or restriction. If allY of the insurallce coverages will expire prior t_o the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration.

10. The AGENCY may construct additionallalldscape improvements within the limits of the rights-of-ways identified as a result of this document, subject to the following conditions:

(a) Plans for allY new landscape improvements shall be subject to approval by the DEPARTMENT'S District Lalldscape Architect. The AGENCY shall not challge or deviate from said plans without written approval by the DEPARTMENT.

(b) The AGENCY shall procure a permit from the DEPARTMENT.

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134

(c) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and road design standards;

(d) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed at no cost to the DEPARTMENT;

· 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby.

12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into ai1y contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into ariy such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are foran amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year.

13. TheDEP ARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto.

14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT.

15. . This Agreement shall be governed by and construed in accordance with the laws of the State ofFlorida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail.

16. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses:

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If to the Department: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect

If to the Agency: Indian River County 1840 25th Street Vero Beach, Florida 32960 Attention: Mr. James W. Davis, P.E. Title: Public Works Director

Exhibit A: Project Location & Maintenance Boundaries Exhibit B: Project Plans Exhibit C: Maintenance Plan Exhibit D: Project Cost

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written.

AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

By: _________ _ By: __________ _ Mayor I Chairperson Transportation Development Director Date

Attest: _______ (SEAL) Attest: ___________ (SEAL)

Clerk Executive Secretary

Approval as to Fonn Date

Page 7 136

SECTION NO.: FMNO.(s): COUNTY: S.R.NO.:

EXHIBIT A

88060 228628-1-52-01 Indian River 60

I. PROJECT LOCATION: State Road 60 from just west of I-95 Interchange (M.P.22.389) to just west of 82nd Ave. (M.P.23.923)

II. PROJECT LIMITS OF MAiNTENANCE: See map below

III. PROJECT LOCATION MAP OF AGENCY'S MAINTENANCE BOUNDARIES:

.IT" A. TB OF· FLOl1llM DEPA.RTMENT Of" TNAMIPORT A.110N

Sf/ «J INDIAN RIVER OOf!NTY - FPfD -1'-DUI

CJMITS OF MA1NTBNANCII MM'

Page 8 •

NOT TO SCAlE JANUAFrt' Jl, 2008

LllllTS OF MEA TO BE IIAlNTAlNED Sf lHOlAJI RNER. COUNTY

137

EXHIBITB

PROJECT PLANS


88060 228628-1-52-01 Indian River 60

The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein.

Please see attached plans prepared by: Cotleur & Hearing

Dated: May 21, 2008

S:\h::l:'ainl\Lan&:enpe\.tviO.A .Fniders\IVfO/\ .Draft.s\SR DO 228022 Imli<;nTov;;TLdoc Page 9

138


EXHIBITC

MAINTENANCE PLAN

88060 228628-1-52-01 Indian River 60

This Exhibit forms an integral part of the DISTRICT FOUR ( 4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY.

Dated: May 21, 2008

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Project State Road No(s): Project Limits:

FMNo(s): Maintaining Agency: Date:

MAINTENANCE PLAN Landscape Improvements

60 Just West ofl-95 Interchange to just West of82"• Ave.; MP 22.389 to MP 23.923 228628-1-52-01 Indian River County May21, 2008

------------------------------------------------------------------~-----------

I. General Maintenance Requirements and Recommendations: The purpose of a plan for landscape and irrigation maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and consen•ing our natural resources. Plantings shall be maintah1ed to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida

. Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. I, Chapter 2.11 and FDOT Standard Specifications for Road and Bridge Construction as amended by contract documents; and all other requirements set forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan describes general maintenance requirements and recommendations. The concluding section is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans.

Watering Requirements: Watering is a critical concem regarding the maintenance of healthy plant material and for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restriCtions be fully conformed to on FDOT

·roadways.

Proper watering teclmiques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes.

Irrigation System: The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traffic pe1iods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before !ugh traffic periods as well as adhere to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall.

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Integrated Plant Management: An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth.

Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Establishment of an integrated plant management program is encouraged to ensure healthy plants which are free of disease and pests.

Mulching: Mulch planting beds in such a manner as to: prevent weed growth; retain moisture to the plants; protect against soil erosion and nutrient loss; maintain a more uniform soil temperature; and improve

·the appearance of the planting beds. A void mulch mounded up on the trunks of trees, palms, and the base of shrubs to encourage air movement in this area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way.

Pruning: All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute ANSI A300 standards and shall be superVised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural. growth of plant materials in mind, and to specific pruning heights maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) maintained to prevent potential roadway hazards. The specific pruning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants should be noted on the planting

• plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design for these guidelines).

Staking and Guying: All staking materials, except for replacements, are removed by the completion of FDOT warranty period or at one year (whichever comes first). Any subsequent staking and guying activities by the Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall closely monitor staking and guying attaclnnent materials so that they are securely fastened to avoid potential roadway hazards.

Turf Mowing: All grassed areas are to be mowed and ttimmed with sufficient frequency to maintain a deep, healthy

. root system while providing a neat and clean appearance to the urban landscape.

Litter Control: The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid 111mecessary waste by its reuse.

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Weeding/Herbicide: ·All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recoirunended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans.

Plant Replacement: Plant replacement shall be the same species and specification as the approved plan. Only plants graded Florida #1 per the Florida Department of Agriculture and Consumers Services, Grades and Standards for Nursery Phmts is permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT District Landscape Architect.

Hardscape CSpecialtv Surfacing): All specialty pavers shall be maintained in such a mam1er as to prevent any potential tripping hazards and protect damage to the pavers. Final. surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the pavers become damaged they shall be replaced with the same type and specification as the approved plan. Synthetic Turf shall be maintained free of weeds and debris and must be promptly replaced if the surfacing is damaged.

II. Specific Site Maintenance Requirements and Recommendations: The landscape design for the median areas consists of sod, trees and palms. G~nerally the medians at the west end of the project are wider than 25' with some existing landscaping, irrigation and stamped concrete. The medians generally located within the eastern portion of the project are less then 22' wide and aJ:e newly constructed. Also, located within the limits of the project are Outdoor Advertising Signs which affected the median and right of way plantings.

The design is intended to be low maintenance. Sections of Stamped concrete are interspaced throughout the tapers of medians to provide a refuge space for maintenance workers to perfonu their work.

All areas outside of the medians are un-irrigated and therefore only xeriscape plant species were utilized. Alternating groups of curved Saba! palms, Cypress trees, Slash pines and Live Oaks were added in areas along the right of ways. The maintenance focus for these street trees will be to keep them trimmed to provide a minimmu ofT of clearance over all sidewalks and 14.5' of clearance over the roadway.

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REFERENCES

American National Standard (ANSI) A300, Tree Care Operations- Trees, Shrub, and Other Woody Plant Maintenance- Standard Practices (Pruning) available for purchase @ http ://webstore. ansi .org/ ansidocstore/find.asp?

Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock http://www. doacs. state.fl. us/pi/p lantinsp/pub lications.html

Florida Department of Transportation, 2006 FDOT Design Standards Landscape Installation http://www.dot.state.fl.us/rddesign/rd/RTDS/06/544.pdf

Florida Department of Transportation, 2006 FDOT Sight Distance at Intersections http://www.dot.state.fl.us/rddesiqn/rd/RTDS/06/546.pdf

Florida Department of Transportation, FDOT Plans Preparation Manual Vol. I, Chapter 2.11 (PPJ\1.) http://www .co.palm-beach.fl.us/mpo/librarv/fdot/fdot design.htm

Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge Construction, Section 580-Landscape Installation http://www.dot.state.fl.us/specificationsoffice/July06WB/5800000SS.odf

Florida Department of Transportation, Landscape Architecture Website http://www.dot.state.fi.us/emo/beauty!FLA.htm

Interlocking Concrete Pavement Institute (ICPI) http://www.icpi.org/ http://www.fisstate.org

Intemational Society of Arboriculture (ISA) www .isa-arbor.com

Manual on Unifonn Traffic Control Devices http://www.mutcd.fhwa.dot.gov

Florida Inigation Society http://www.fisstate.org

Florida Accessibility Code http://www. dca.state. fl.us/fbc/informationl accessibility .htm

Guide to Roadside Mowing a.'ld Gnide to Turf Management available for purchase @ http:/ /info net. dot. state. fl. us/SupportServicesOffice/plist. htm

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EXHIBITD

PROJECT COST


88060 228628-1-52-01 Indian River 60

This Exhibit forms an integral part of the DISTRICT FOUR ( 4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY.

Dated: May 21, 2008

I. APPROXIMATE PROJECT COST: $ 370,329.93

S:\fviaint\L;;lndscape··,.·f'vtOA FoUcrs\IvtOA Drafh\SR 60 22862~5 Iw:Uar(£\;v,:n.do~: Page 11

144

PAY ITEM NO.

580-1-2

590-70

639-1-22

...... ~ CJ1

SR 60£ INDIAN RIVER COUNTY (1-95 TO 82 AVE)

LANDSCAPE & IRRIGATION COST ESTIMATE FPI# 228628-1-52-01, CH#06-0536

SYM DESCRIPTION SIZE TOTALQTY UNIT COST LARGE PLANTS SEE PAY ITEM NOTES SHEET LD·5 1

BC Butia capitata, Pindo Palm 10' OA, FULL 24 $ 700.00 $

CH Chamaerops humilis, European Fan Palm 5' OA, TRIPLE, MIN 1' Cf ON ALL STEMS 9 $ 485.00 $

LI Lagerstroemia indica 'Tuscarora', ·crape Myrtle 'Tuscarora' 12' OAx 4' SPRD, FULL, MULTI, UMB UP 5' 13 $ 491.40 $

u Ugustrum ja12onicum, Ugustrum Tree Form 8' OAx 6' SPRD FULL MULTI UMB UP 4' 15 $ 504.00_ $ PM Podocarpus macrophyliUs 'Maki', Podocarpus 10' OAx 4' SPRD, FULL 16 $ 400.00 $ PE Pinus elliotii, Slash Pine 12'·14' OA, 2.5" CAL FULL CANOPY 50 $ 340.00 $

PE7 Pinus elliotii, Slash Pine #7 GAL, 5'-6' OA FULL 101 $ 50.40 $

PHY Phoenix, Date Palm SINGLE, MIN 8' Cf, MAX 11" CAL, CLT, SEE L.S. NOTE #6 5 $ 3,250.00 $

QV Quercus virginiana, Live Oak 12'x 5', 2.5" CAL 80 $ 466.20 $

SP Sabal palmetto, Sabal Palm 10',14',iO' Cf, STGG, (STRAIGHT) TRUNK, SEE L.S. NOTE #5 80 $ 163.80 $

SPC Saba! palmetto Saba! Palm Curved 10'·16' Cf STGG CURVED) TRUNK SEE L.S. NOTE #5 174 $ 190.00 $

TD Taxodium distichum Bald C_ypress 12'·14' OA, 2.5" CAL, FULL CANOPY 31 • 360.36 $

TD7 Taxodium distichum Bald Cvoress #7 GAL 5'·6' OA FULL 59 $ 55.36 $

IRRIGA110N SYSTEM SEE PAY ITEM NOTES, SHEET LD-5 1 $ 131,326.00 $

ELECTRICAL POWER SERVICE (U.G.) SEE PAY ITEM NOTES, SHEET LD·S 1 $ 10,000.00 $

STAMPED CONCRETE MAINTENANCE STRIPS (EXCLUDING SEPARATORS) 613 SY@ 83.61/SY $

NOTE: ALL COSTS FOR SOD TO COME FROM ROADWAY BUDGET TOTAL PROJECT COST $

AND ARE NOT INCLUDED IN LANDSCAPE BUDGET TOTAL PROJECT BUDGET (1.5%) $

I AMOUNT UNDER OR OVER BUDGET $ --- -

5/21/2008, sbtbls·SRBO.WEST.xls, TOQ3

5/21/2001

SUB TOTAL

16,800.00

4,365.00 . 6,386.20

7,560.00

6,400.00

17,000.00 5,090.40

16,250.00

37,296.00

13,104.00

33,060.00

11,171.16

3,266.24

131,326.00

10,000.00

51,252.93

370,329.93

462,400.00

92,070.07

-.,l:::io. 0')

IRRIGATION SYSTEM COST ESTIMATE SR 60, FPID# 228628-1-.52-01 INDIAN RIVER COUNTY

PAY ITEM NO ITEM DESCRIPTION

590-70 IRRIGATION SYSTEM

6" Pop up heads

2" Valve

PVC Sch. 160 Lateral Pipe

PVC Sch. 40 3" Mainline

PVC Sch. 40 Sleeve & Installation

PVC Sch. 80 Sleeve & Installation

H.D.P.E. Sleeve & Directional Bore Installation

Misc. Fittings

Hoover Submersible Pump Station with Controller apd Rain Sensor

5" Well (estimated 120' deep) .

Low Voltage Wire

-

LAST UPDATE: May 21, 2008

UNIT TOTALQTY UNIT COST SUB-TOTAL

EA 724 $ 16.00 $ 11,584.00

EA 18 $ 205.00 $ 3,690.00

LF 10205 $ 0.82 $ 8,368.10

LF 5816 $ 4.10 $ 23,845.60

LF 1259 $ 8.50 $ 10,701.50

LF 2089 $ 15.00 $ 31,335.00

LF 129 $ 65.00 $ 8,385.00

LS 1 $ 2,916.00 $ 2,916.00

LS 1 $ 18,500.00 $ 18,500.00

LS 1 $ 6,800.00 $ 6,800.00

LF 34,672 $ 0.15 $ 5,200.80

TOTAL IRRIGATION COST $ 131,326.00 1

·--

.......

.,1::1. -...

INDEX OF LANDSCAPE PLANS

SHEET NO.

w-• LD-2 TO W-4 W-5 w-• W··7 TO I.D-21

"'"'" IJ)-23 UJ-24 LD-Z5 TO W-39 W-<>

SHEET DESCRIPTION KEY SHEET TAfJULATKJN OF QUANTITIES/ PlANT SCHEDUlE LANDSCAPE GENERAL NOTES LANDSCAPE DETAILS UJIDSCAPE P/.AH IRRIGATION lEGEND AliD TA8ULATION OF QUANTITIES IRRIGATION GENERAL NOTES IRRIGATION DETAILS IRRIGATION PLAN IRRIGATION ElECTRIC SERVICE DETAIL

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

CONTRACT PLANS

FINANCIAL PROJECT ID 228628-1-52-01

!FEDERAL FUNDS!

INDIAN RIVER COUNTY !88060! STATE ROAD NO. 60

LANDSCAPE PLANS

FOOT PROJECT MANAGER: SCOTT J. PETERSON,P.£.

·,.;;;m., Sf"'/a:iJ8 i$!>55-Pii

·'""III'M>E!:T

:S~FTUilDEIIDAlE ·~·

LANDSCAPE 51/DP DRAWINGS TO BE SUJ1JIITT£D TO:

ROBERT J. COTL£UR COTI.E;UR & Hi:.ARIIIG,/NC. 1934 COMI.IERC£ LANE, SUITE I JUPITER, FL 33458

PLANS PREPM£0 BY:

I..JJWsoope Archil tiC! Of Rocord: FIDbllrl J, Collwr,RLA: ~106!

~ Cotleur Hearing /934 COITIIIWrC~ Lone Su/16 I Jup/ler ,Fir!rldo 33458 561-UT-6336 Fall 561-741-1317 Cert. of ~lb. LC-co:xJ2J9 VeMor No. 65-0270814

CDNTRACT NO. C-£JK28

~

i ~ ~ ~

~ ~

I ~

HOT£: THE 5CO.l£ OF THE:5£ PUJ/5 II.Al' HAVE CHAIIGI;:fJ roE TO l'tEPIOOJCTI(llf,

I MAY 21200~~

UJifJSCAPE PUJIS

~"""' AJICJ/ITECT OF R£(XJR!J; !lO!!fRT I. r'!?!!'!F!IR

• ~ ~ ~ • I ~ ~

RJ..A,//(].1 ...!!!§!_ I FISCAL mR

09 If}-/

Z.>;piltJJ£crs-F{JJ~51'01...,.,...,\I.,.UXJJ.doll

"' I liTEM NO. SYU

strum ]opon/aum, >eo f!<JS macrop/7;1

f'fllUS elllolll, Slosh f Pinus clllolfl, Phoenix, Dole

] QV Querws vlrglr

~sa· •-' -"-""So o r~------ ________ _

Taxodlum dlsflr:hl.

'RRIGAT/ON SIST ':L£CTRICAl

DESCRIPTION

~ ~

TABULATION OF QUANTITIES/ PLANT SCHEDULE

i'-OXX ~ '2'-14'

SIZ£./R£1/ARJI,S

~ 'RD,

111 GAL, S'-6' OA, FUL SINGL£, MIN 8' CT, MA

'2'x s·,z.s· CAL

"" SEE

SEE

T, STGG, ISTRAIGHTJ TRUNK, ::>1:c. L·"'· 'GG, /CURVED/ TRUNK, SEE L.S.

I• MAXIIIUJI " IJAINTA/NI'I

SIZE

2

SHEET NUMBERS

7

TOTAL TH~

SHEET

PLANT I

8 J

' " 8

" 26

" " H

" 9

" " "

LEGEND: OA=OVERALL, CAL=CAL/P£R, MIN=MINI/JUIJ, MAX,MAJIIIJUM, GAL,GALLON, MULT/=MULTIPL£ STEMS, SPRD,SPREAD, N=NO, y,y£5, CT=CL£AR TRUNX, STGG=STAGGERED, CLT::COUECT£0, L.S.=LANDSCAP£,1.Sc:UJMP SUM

....... ~ 00

~ Cotleur 1914 c..-f<tll.f!l __ .krp!/or,FIDr/doJJ• 56/•U7-SJJ6 Fe.< !;S•14rCorl. of kll~. IC-I.'tWZJ9 VI/Wr 10. 65-ll210/J/4

STATE OF FLORII>A DEPARTMENT OF TRANSPORTA110N

60 I INDIAN RIVERl TIWJ

!MY 21

I TABULA.110N OF QUANTITIES

/PLANT SCHEDULE

REF. SHEEJ

~ ~ ~ ~ § • §

• ~

~

-~ • ~

~ ~ • I ~ ~ § •

SHEET Nf!.

LD-2

PAr !TEll NO.I SYJI

DESCRIPTION

SBfJ-1-2 [ LARGE PLANTS

8C Bulla ca /lolo, Plndo Palm CH Ctwmoueps humflls, European Fan Palm .. . _ Ll erstro8!TIIo lndlco 'TuSp(Jrora', Crape rill> 'Tuscarora'

LJ L/ strum a{XJnlcum, L/gustrum Tree Form PM f'oddcorpUS mocra !Ius 'MaU', P<X/acor/XlS

PE Plrvs eJ/folll, Slosh Pine PET Plws e/1/otll, Slash Plna PHY PhoMix,Dole Palm

QV Quercus vlrgfnlano, Live D<lk SP Saba/ palmello, Sabcl Palm SPC Saba/ pa/melto, Sabc/ Palm ICUIVedl

TD Taxod/um dlsflchum, Bald Cypre/IS

TD7 Toxodlum dlsllchum, Bald Cypr~

590-70 221 IRRIGAT!DN SYSTEM 639-1- ElECTRICAL PONER SERVICE W.G.J

1--

TABULATION OF QUANTITIES/ PLANT SCHEDULE

SIZE/REMARKS

SEE PAY ITEM NOTES, SHEET W-5

10' OA,FUU S'OA, TRIPLfJ,MIN l'CT ON AU STEMS 12' OAx 4' SPRD, PULL, MULTI, LIMB UP 5' 8' OAx 6' SPRD,FUU,MULT/0 LIMB UP 4'

10' OA.v 4' SPRD, FULl.

12'-14' OA, 2.5" CAL, FULL CANOPY ttl GAL, 5'-6' OA0 FULL

SINGlE, MIN 8' CT, MAX II' CAL, CLT, 5££ L.S. NOT£ ~'6

IE'x 5',2.5' CAL 10'114',20' CT, STGG, (STRAIGHT! TRUNK, SEE L.5. NOTE #5 10'-15' CT, STGG0 /CURVED! TRUNK, SEE L.S. NOTE #$

12'-14' DA, 2.5" CAL, FULl. CANOPY

#l GAL, 5'-6' OA, FULL



• uAX/Muul NATNf:[JIAINTAIN£0 UNIT

SIZE

LS N 20' N ,. N E5' N 15' N 30'

' SO'

' SO' N 20'

' SO'

' SO'

' SO'

' SO'

' SO' "iS

"'

SHEET NUIIBE.RS

LlJ-12 W-13 Ul-U PLAN FINAL PU>N FINAL PU>N FINAL

3 3

' ' ' s ' 3 /3 6

' I ' " 3 31 14

4

'

W-15 T PLAN FINAL

s

I

3 3

6

15

23 3 6 N

LEGEND: 0A"0V£RALL, CAL"i:ALIPER, I.UN=MINIMUM, MAX=MAXIIJUM, GAL =GAllON, MULT/=MULTIPL£ Srt:MS, SPRD=SPREAO, N=NO, r=T£5, CT"i:l£AR TRUNK, STGG=STAGGER£0, CLT=COLL£CTED, LS.=LANDSCAPE, LS=LUMP SUU

TOTAL

'"" W-16 SHEET PLAN~ fifHAL PLAN FINAl.

I II

3 3 5

4 15

' 2 " s 30 4 4 I 33

40

15 66 3 13 6 Z6

0 0

MAY 21 2008

I REF. SHEET

~ i ~ i ! ~ ~ ~ •· " ~ ~ ~ ~ • ~ ~ • I ~ ~

~ ~~~~~~~~~~~~;:~~'~'~'~'~'~'~0~·~·~;;~~~~~~~;;~~~~~--~~~~·--~·~~-~ .. ~~~0W~'f'~o~··~'i•""~·KO~--~~~~~;;<T.~a~n<~aF~~~~~~~;;~~~--~~~~~~~~;-~;-:;~~~~~~~-r~~~:J

~~~':J.l'fi'lfllle I f!OAD /1(). FIN.WCIAL PFIWECT ID

t vArc sCR/PTKJ/i DAT mP- ~ cotleur Hearing DEPARTHIJNTOF TIWISPOR.rAnoN

-.,J::.. c.o

r.,;:f,~ [t~-tJ71 60 228628_1_52_01 / PLANT SCHEDULE LD-3 Vf«<llr NO. 65-/JZ!Ci!/4

51tutai8 i<v.OOf'JI f'W"l"',_..rdo/~~ ...... -""">1>1100'4"

IT:: NO_IsYM\ DESCRIPTION

580-1-2 I LAFIGE PLANTS

1-

8C &tl/o copliato Plfldll Palm _ CH Ch<Jmaerops humll/s, Europeon Frm Pr;tm

L/ l.a(;erslroemlo lndlw 'Tvscorora',Crope -rile 'Tvscarora'

LJ Llgvsfrvm ]pPOfliC!JIIl, Llguslrum Tree Form PM f>cdorXJf{:VS macroptrllus 'Mak/'0 f>odOWf{JIJS

PE PfniJS ellfam, Slash Pine P£7 Pinus e/1/olll, Slosh Pine Pf/Y Phoenix, Dole Po/m QV Quercus vlrglnloflfJ Uve Oak SP Sobol f)Dimello, Saba/ Palm SPC Sabol palmatla, Saba/ Palm fCUrverJJ

TD Toxodlum d/sllchum, Bald cypress TD7 Tax<Xilum d/sl/chum, Bald Cypress

590-70 IRRIGATION sYSTEM

639-1-22 ElECTRICAL PONER SERVICE fU.G.J

TABULATION OF QUANTITIES / PLANT SCHEDULE

• JIAX/IIUJI SHEET NUJIB£RS SIZE/REMARKS \NATIVE\ UAINT A/NED UNIT w-e JJ>-18 w-e !D-21) 1 LD-21 SIZE

PLAN FINAL PLAN FINAL PLAN FINAL PLAN FIN~4!'~ FINAL

SEE PAY ITEM NOTES SHEET LD-5 LS 10' OA,FUU. II I!D' _)_ 5 5' OA, TRIPI£, /JIN I' CT ON ALl STEMS II ,. 3 12' DAx 4' SPRD, FULL MULTI, LIMB UP 5' II 25' 3 8' DAx 5' SPR{J, FULt,JIULTI, UMB UP 4' II ,. {()' OAx 4' SPRD, FULL II 30' 12'-14' QA, 2.5" CAL FULL CANOPf y 50' ' 3 5 5 4f7 GAL, 5'-5' OA, FULL ' 50' " 7 II ' SINGLE, MIN B'CT,MAX JI"CAL,CLT,S££ L.S.NOTE >116 II ro• I

IZ'x 5',2.5'CAL y 50' ' I 6 ' " 10',14',20' CT, STGG,ISTRAIGHTI TRUNK, SEE L.S. NOTE #5 y 50' 6 ' " 10'-15' CT, STGG, ICUfiVl!DJ TRUNK, SEE L.S. NOTE '115 y 50' 21 ' II " IZ'-14' OA, 2.5' CAL, FULL CANOPf y 50' 6 3 #7 GAL, 5'-6' OA, FULL y 50' " ' SEE PAY ITEM NOTES, SHEET W-5 LS SEE PAY ITEM NOTES, SHEET LD-5 AS

TOTAL. THIS

SHEET

PLON FIRM

I

' 3 3 D D

22

" I

"' ,. 57

' " I

I

GR"'D TOTAL

PLAN FINAL

I

24 , 13 IS

" 50 101 5

" "' U4 31

" I I

I REF. SHEET

~

I ~ i • ~ • ~ ~ ~ ~ " ~ ~ • ~ •

lEGEND: QA~VERALL, CAL=CAUPER, MIN"'MINIMUM, AIAX=J.IAXJMUM, GAL=GAllON,I.IULTI=!.IULTJPL£ STEMS, SPRD=SPREAD, N=NO, Y=YES, CT=CI..EAFI TRUNK, STGG=STAGGER£0, CLT=COLL£CT£D, L.S.=LANDSCAP£, I.S=WJJP SUJI ~ " • "

M42200! 11!; ~

f1 L-> ~ §

I •

__. CJ"' 0

REv IS 101/ S t~Ar<fi/11'</(]!R""'rd,llfll.er/J.~/Iout,lllk•IIJOl STA1B OF I'LORJI)A ~ SHEET

ore {J( m:scRIPnOJI DA sr IPIOJ/ ~ Cotleurl-learing DEPART»ENTOFTRAl'ISPOR.TATJON TABULATION OF QUANTIT.. NO. I ~~~:::.~~II• I FIIJAlJ NO- COO/ITY FIIIAIIC/AlPRIJJECT ID . r-----

ft.i~~~~-t:m 90 I INDIAN RIVER I 2Z862E-I-52-0I /PLANT SCHEDULE W-4 Vur!!Jr 1/Q. 65-IJZl/J[Jif ' I

='- •=m"' ,,,., ... ,O<I.-fdoii2HWJI5~ ... "ol>o!.Gii2.diin'

___.. CJ"' ___..

PAY ITEM NOTES: 580-J-2

590-70

639-1-22

INCLUDES ALL UiJOR, MATERIALS, EGiiiPIIENT AlfD INCIDENTALS FOR THE COMPLETE INSTALLATION OF PLA~T IN ACCORDANCE WITH SPECIFICATIONS AIID FDOT INDEX #544 INClUDING, BUT NOT WilTED TO, PLANT, FINISH SOIL UYER,UNSU/TMJI£ SOIL R£1/0VAL,SPECIAL BED PREPARATION, STAKING, MULCH, FERTILIZER, HAND WATERING, GUARA~Tr AND IJAINTt:NAifC£ WRING ESTABLISHMENT PERIOD. PAY ITf:M 580-1-2 ALSO !NCLU0£S THE COST FOR NEW LANDSCAPE SOIL IN ACCORDAN!;E WITH THE TSP'S AND GENERAL NOT£ >~10 8£l1JN.

INCLUDES ALL LABOR,AIATE.RIAI.S,EQUIPMENT AND INCIDENTALS FOR THE COMPLETE INSTALl.AT/ON OF .WTOIJATJC IRRIGATION SYSTEM BY MEANS OF OPEN TRENCHING AS SPECIFIED IN THESE PUWS AND THE GOVERNING SPECIFICATIONS. INCLUDES Til£ COST OF ALL SYSTEU COMPONENTS AND INSTALLATION INCLUDING, BUT NOT LIMITED TO IRRIGATION WELL, PREFABRICATED PUMP STATION, VALVES, IRRIGATION HEADS, NOZZLES, FITTINGS, PIPES, SLEEVES, CONrROLl£RS, CLOCKS, BACKFilLING, DEBRIS REAIOVAt.. SYSTEM TESTING AlfD COORDINATION WITH THE INDIAN RNER CO/JNT't PUBLIC WORKS DEPARTMENT. THIS P/ft ITEM NUMBER ALSO INCLUDES COSTS FOR AIAI(JNG MINOR ADJUSTMENTS TO EXISTING IRRIGATION 5'1'ST£J.IS AS NEEDED AND AS NOTED IN Til£ PLANS.

EI.£CTRIC SERVICE INCLUDES ALL t.ABOR,MATERIALS,EOOIPMENT MD INCIDENTALS NECESSN?r FOR PROVIDING Et£CTRIC PONER SERVICE TO THE NEW IRRIGATION PUMP STATION. COMPENSATION SHALL BE FOR A COMPLETE INSTALLATION INCLUDING, BUT NOT LIM/TEO TO, TRANSFORIJERS,WIRES, COND/JIT, EXCAVATION, METERS AJ/0/0R PAYI.JENTS TO FF'L FOR SE.FNICE CONNECTION FEES. THE COST OF El.£CTRICI1Y TO POtiER THE SYSTEM WILL NOT BE THE RESPONSIBILITY OF THE CONTRACTOR, BUT WILL BE PAID 8r THE MAINTAINING AUTIIORITY,UNDINI RNER COUNTYJ.

GENERAL NOTES:

DATo

I. THE LOCATIONS OF PLANTS, AS SHONN ON THESE PLANS, ARE APPROXIMATE. THE FINAL LOCATIONS MAY BE. !WJUSTED TO ACCOMMODATE UNFORSEEN FlEW CONDITIONS, TO COMPlY WITH SAFETY SETBACKS, OR AS OTHERNISE DIRECTED OR APPROVED BY THE ENGINEER. THE CONTRACTOR SHALL FU.G ALL PROPOSED TREE MD PLANT BED LOCATIONS TO THE EXTENT REQUESTED Eft Tfl£ ENGINEER AJ/D FOR HIS OR HER APPROIIAL PRIOR TO PLANTING.

z. CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION OF ALL UTILITIES PBIOR TO EXCAVATION. REFER TO ROAIJIIA.V PLANS /GENERAL NOTES/FOR A LISTING OF ALL KNCJNN UTILITIES IN THE AREA.

J. NOT ALL PLANTING IS WITHIN IRRIGATED AREAS AND THE /RRIGAi/0!1 SYSTE/J 1./AY NOT BE COMPlETElY OPERATIONAL AT THE TIME OF PUWT INSTAUATION. THllREFORE,HAND WATERING IS REQIJIRED Eft THE CONTRACTOR. THE CONTP.ACTOR SHALL D£T£RMIN£ HIS OR HER ONN WATERING SCHEDULE AND RATE TO ENSURE THE HEALTHf ESTABLISHAIENT OF A/1. PLANTS. AU COSTS FOR HAND WATERING OF PLANTINGS SHAll BE INCWDED IN THE UNIT COST OF Tf!E PLANr MATERIAL. PlANTS THAT DIE, OR EXCESSNEJY S!-IDCK WE TO LACK OF WATER, MUST BE REPLACED BY TilE CONrRACTOR, AT NO COST TO THE DEPARniENT. WATER FOITC£ FROM WATER TRUCK SHALL NOT BE APPLIED IN A MANNER WHICH WOULD DAMAGE PLANTS, NOR IN A MANNER WHICH WDIJW REAIOVf: SOIL SAUCER RING OR i!UI.CH AROUND EACH PLANT. AN"f DAUAGE TO PLANT OR OTHER SURROUNDING ITE!.IS,EITHER !Jf WATER FORCE 011 WATER TRIJCX, IS TilE RE5PONSIBILI1Y OF THE CONTRJlCTOR TO REPAIR OR REPLACE.

4. AU lANDSCAPE BEDS SHALL RECEN£ A UNIFORMLY APPLIED MULCH MATERIAL TO A MINIMUM THICJ(N£SS OF 3" CNER THE ENTIRE PLANT iJED, !EXCEPT WITHIN 3" OF PLANT TRUNKS/. INDNIDIJALI.Y PLANTED TRf:ES SHALL RECEN£ A 4' MULC/1 RING. MULCH 7YP£ TO BE GRAD£ 'A' RED'ClED MULCH.

5. SABAL PALM GFIOUPINGS WILL BE IN STAGGERED SIZES lAS 5!/0NN ON THE PLANT LISTIAJ/D ARRANGED WITH THE l.AIIGEST PAIJIS IN THE UIDDlE AND THE SMA11£ST ONES ON rHE OUTSIDE. PAWS (Nf.R 14' CT WILL BE SLICK TRUNK AND THOSf: lESS THAN 14' CT WILL BE BOOTED TRUNK.

6. DATI':: PAU.tS SHALL BE SINGlE STEM,UATCJ/t::D SPECIMENS WITH A MINIMUM B'CLEAR TRUNK DIMENSION, AND A CALIPER DIMENSION BETWE£::!1 6" AJ/D II' IAT EJREAST HEIGHT/. ANt OF THE _FOLLfHIING SPECIES,IWIT!I/N THE GENIJS 'PHOENIX'JCAN BE UTIL/Zf.D PROVIDED THAT AIL THE REWIREMENTS SPECIFIED HEREIN ARE AIETI SYLVESTRIS, RUPJCOLA, DAC"fYLIF"ERA 'AIEDJOOL '1 DJlCT'tLIFf.RA 'DEGJ.ET NOOR', OR ANt OF THE HYBRID CROSSES. THESE TREES NEED TO 81': COLlECTED E!r THE: CONTRACTOR IN THE EARLY PHASES OF THE PROJECT AIJD MUST BE APPROVED Bl' THE ENGINEER PRIOR TO BEING DELNERED TO THE SITE.

7. Til£ CONTACT FOR INDIAN RIVER COUNTY WIU BE THE PUBLIC WORKS DIRECTOR, MR. JI<JIES W. DAVIS, PH# 1Tl21561-B{J(J() EXT. 1245.

B. DECORATIVE STAAfPED CONCRETE MAINTENM'CE STRIPS ARE SHONN AND ARE DIMENSIONED IN THESE LANDSCAPE PLANS, BUT ARE QUMTIFIED AJ/D PAID FOR UNDER PAY ITEI.f 1111/JBERS PROVIDED IN THE ROAOIIAY PLANS.

9. SIGHT TRIANGlES SHONN IN THE PLANS ARE BASED QN A 45 UPH DESIGN SPEED,6 LANE DNIDED HIGHWAY,22'0R LESS A/ED/AN WIDTII IOISTANCE 'D'"' 62fJ'IBE1WEEN STATIONS 2JBS AND 2422. THE MEDIANS BETWEEN STATION 2341AND 2385 ARE CNER 25'WIDE AND THEREFORE THE CRITERIA FOR 2.-STEP TURNS MA'f BE USED IN THOSE AREAS, AS FER INDEX #546,/NSET 'A' DETAIL, rDISTANCf. '0'" 460'J. INTERSECTIONS THAT ARE lABELED 'SIGNALIZED' IN THE PLANS Rr:MA/11 SIGNALIZED FOR 24 HOURS EVEFrf DAY AND{)() NOT GO INTO FLASHING MOO£ AS A PART OF THEIR NORMAL OPERATION.

10. PROPOSED MEDIAN AREAS THAT ME CURRENTLY EXISTING PAVEMENT WILL HAVE EXISTING PAVEMENT .AND ROAD BASE MATERIAL REMOVED TO A 2' DEPTH AND REPLACED WITH NEW L.ANDSCAP£ SOIL. NEW REPLACEMENT SOIL WILL BE ADDED TO AN APPROXIAIATE DEPTH OF 18'. THE ESTIMATED QJJANT/7Y OF NEW SOIL IS 319 CUBIC YARDS. THIS QUANT/1Y IS PROVIDED FOR f.STIUAT/011 PURPOSES ONlY, THE CONTRACTOR SHALl. DETERMINE THE ACTUAL QUANTI"JY REQUIRED TO PERFORM THE SOIL REPLACEMENT WORK IN ACCORDANCE WITH THE TECHNICAL SPECIAL PRCNISIONS, ITSP'SI. THE COST FOR REMOVAL Of" EXISTING 1./ATE.'liAL WILL BE INCWDED IN THE CLEARING & GRUBBING PAY IT£1.1 IN0./10-1-11. THE COST FOR N£W SOIL WILL BE PAID FOR IN THE COST OF LANDSCAPE COMPLETE ii.ARGE PLANTS!, PAY !TEA/ NUMBER 580w/-2..

II. AIL SOD QUANTITIES AND PAY ITEM NUAIBERS ARE SHOHN IN THE ROMJNAY PLANS.

REVIS/0/iS D£5(:11/P OATETllr ""'

~ Ar!Nia:l IJf illalrd: llob<tl J. CDIIIIJr ,Rlk •110

~ Cotleur Hearing JSJ4C.....orce/JlMSul/ol Jvp}t.r,FJortdo J:U58 !!!St·NT-6JJ6 F .. 561-Ul-1]77 Corl. of Nih. LC-awz:l9 V<n:lllr lfo.65•W00/4

STATE OF FLORI1M. DEPARTMENT OF ~TA710N

ROAD //(}. FIIIANCIAL PROJECT ID

60 228628-1-52.-D/

4

' ' I ~ ~ • ~ ~ e ~ ~

~ ~ ~ • " ~ • " " I ~ ~ ~ ti • SHEET

NO.

LANDSCAPE GENERAL NOTES --W-5

slliniiJ8 <of&:SoPU f'v>IKJJteTS-FlX1N'2&J'B/52<>"¥on<""'C!INrWOO ...

....... CJ1 N

GENERAL NOTES: II REFER TO INDEX #544 FOR Pl.AJITING DETAILS AND S1AJOI/G DETAILS,

/EXCEPTED AS NOTEDJ.

STAI.IPED MAINTENAJ/C£

TYPICAL STAMPED CONCRETE MAINTENANCE STRIP LAYOUT DETAIL

REVISIONS 1if "SCfiiPTK)/1 OAT£ I W. :SCRIPTION

F CURB SR 60

/ .. ··

'

'

/a/MIN. LIMBED UP DIUENSIDN

lbJUAX. SHRUB HEIGHT DIAIEHSIDH

TYP. MEDIAN SECTION

NOTE: ONlY NON-1YPICAL DI/JENSIONS ARE SH(JNN ON THE PLAN SHEETS - MAIN1ENAJ/CE STRIPS THAT

ARE NOT DIMENSIONED ARE TYPICAL

INrf=tJo Ardlll"" rJf R""rd: /!olil:rl J. CIIJI..r,Rtk •KXil STATE OF FLORIDA

~ .~1P~};!tti£:,wms .MI}ttr, F!or/4~ JJ458 561-Ul-lill6 Fn>: 5fJ-Ul-J5ll Clrl. Q/ 14/h. U:--c:coozJ9 Vmjgr No. 65-0Zl/Jil/4

DEPARTMENT OF 'T&tN!iPORT..t110N ROAD//(} • Fliiii«:/AL PilaJECT IO

60 228628-1-52.-01

',

'.y--FUTUR£ GROHTH

' ' ,r-;: ~~u;:;:r'f}/~::m /TYP.I

j ~ ' § i i

HOT TO SCAI.E ~ I~

~

i ~ " ~ ~ ~ • t; ~ " • ~ • I ~ ~ ~

~ • LANDSCAPE DETAILS

LD-6

=- .,JinPII r:~roJO:t,:rt!OI~v.r....,..>iiiUiiiiiuioo

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.ii::.!-:-------t~--- -tJ----

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/fi/W UNE

------------~~_:;~-s~it~~~~~i~~~~·~;~~~-~~~:~~:1~~-- :~~~::~-~~=~~~~~~~~~ ~. t::

BEGIN PROJECT--STA 234/+00.00

IITIIITI£S ~ r--EX/STING CURB TO RE':IJAIN

------------'39 2340 ---- ...... .. ~ ·:.:..-· ~ ~ ·_:.:-·..-

--- ---;_-::.---~~---:~~ZJ40"----------;~_;:_;:__;.i!~t-~~~-=-·=~-~=;;:;~-~~:~~---:-::f~/j

0

--------------------~-----

REVISIONS D£SCIIIPT/OJI "

'" ~ :_,(;!

NOTE: ALL EXISTING VEGETATION W/TI·IIN MEDIANS WILL REMAIN WHEN SHONN IN LANDSCAPE PLANS. ANY EXISTING VEGETATION

IN MEDIANS NOT SHCNIN IN LANDSCAPE PLANS WILL BE REMOVED.

"RIPT, ~~t<A/1«1/Jf RI:Q)r~:itJIJ<r/J.ColloJr,lllJI:He

·~-_! E JJ/-if~----H:i- t;'!',w ~~-~~'--~' . -•--= FENCE

STd'IZ OF FLORIJM. DEPARTMENT OF 77UN.S7'0RT.t170N

~ Cotleur Hearing Wf ""'-""" l.tJI>OSVI/~1 .Mp~~•r,Fiflr/6aJlf58 56/-1<11'-6JJ6 FOJ< 56/·UI'-IJ'(T Cor/- of A<II~.I.C-IX002J9 Vtnlof No. 6S-oeroBI~

ii:Wnio. FINNIC/AI. PRO.J£CT ID LANDSCAPE PLAN 60 228628-1-52-01

512111!008 •.e.J~f"' t"<'r.Jii>lit-r4-i\W6Ziiclm-~Ago

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n = ;;p~--r __fXIST/NG SHRUB /WEND DU - DURANTA JIE' - HEATHER IV - ONARF YAUPON HOLLY IX - IXORA PI- PWM8AG0 RU - RUHL/A IMIXJ Y£ - YUCCA

rc I Br iJESC/1/PT!O/I

EXISTING TREE/PALM !FG{ND AR - MAPlE /C - DAHOOll HOLLY Ll- CRAP£ AfYRTL£ U - LIGUSTRU!J NO - OlEANDER PE - SLASH PINE PM - PO!XJCARPUS SP - SABAL PAUJ WR - WASHINGTON/A PAUl

FIEYISIOHS IM"r£""TI)i' ;C/1/P

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t NOTE: ALL EXISTING VEGETATION WITHIN MEDIANS WILL REMAIN WHEN SHONN IN LANDSCAPE PLANS. ANY EXISTING VEGETATION

IN MEDIANS NOT SH(N{N IN LANDSCAPE PLANS WILL BE REMOVED.

~Ardi!I<CI/J(/Itmra;Rcllu/J.Ccllarr,RU,~tJ6l STATE OF FUJIUIM DBPART)IENT OF TRANSPOR1'A710N

*00 ,-

0

~ ~p~~J:sS~g J;rJittr,F/orMO JJiS8 551-T<f1-6JJ6 fo• 561-7'11-IW C<rl. of Avlh.IC--arozJ!I V:Nior Nil. I;S--f)Zro8/f

Riji.[i/i(), F/1/AHCiAL PllaJEi::t. ID LANDSCAPE PLAN 60 228628-1-52-01

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NOTE: ALL EXISTING VEGETATION WITHIN MEDIANS WILL REMAIN WHEN SHONN IN LANDSCAPE PLANS. ANY EXISTING VEGETATION

IN MEDIANS NOT SHONN IN LANDSCAPE PLANS WILL BE REMOVED. Feet

LANDSCAPE PLAN

SHEET NO.

LD-9

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R£V151!1NS ~Arrll!lfdOffltt:IJrd,flol>ortJ.O,a,.,r,FII.k#J61 STA:n<-OFFLOIUDA SHEET

AT 8t IP 1()11 OIIT£ SCRIP 10/f ~ QpJJ~y~_t~~~ing DEP,Mm!ENT OF '11lAN5PORTA110N NO.

LANDSCAPE PLAN LD-10

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NOTE: ALL EXISTING VEGETATION WITHIN MEDIANS WILL REMAIN I 0 10 b-----5 ~ WHEN SHONN IN LANDSCAPE PLANS. ANY EXISTING VEGETATION ' ----. ':

I I ,,.- - """-"L ,.-.,.LM I IN MEDIANS NOT SHONN IN LANDSCAPE PLANS WILL BE REMCNED. Feet ~ WR - WASHINGTON!A PAUl il

·,: -:· ----;. '\ - .

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f/EV/SIONS /ad""'f!fI'.Id!lltr.!Oifl=d:IIIINr/J.OJ"=>t,R!A.:IKJ61 STA7110FI'1..0RJJM SHEET

E sr RIP ION OAr s 1 ION ~ Cotleur Hearing DliPARrHENT OF TRANSPORTAnON NO.

I I ~~~~~~'11" 1 RrJA(J 1/0. CO/JHTl' FIHMCML pR(J.J£1;1' ID LAN"DSCAPE PLAN

56/.Y4T-taJ6 Fe• 561-74T-1Jll etrl.~rh!l•-'~...,.,...,..,. '""" I ,.,.,,A., oiiii'"O I <>r;>Pt:<>r>-1-t:'.?-nJ LD-11 Va>;!QfND.55·1JZ700/f

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WITHIN TE~!NEJS A, 8, & C TAG# CCf73

LANDSCAPE PLAN

_.-:

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SHEET NO.

LD-12

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LEFT HAND V!EWI/IG ZONE l WITHIN Tf.RMIIIUS A, B, & C

"'"""';::_j" "" } PERJ.IIT TAG# CCD2 Mil£ POST: ZJ,060 LATITUDE: Z7.6J95 LOIJGITUDE: -80.5123 SECT. SJDE~ LIFT SIGN READS: RIGHT HEIGHT: 15 FEET, HAGL: 4 FEET

:;~~::;;~;G ~~:~NATIONAL-- . ' ~.

~ 0 10 = .., Feet

LANDSCAPE PLAN

SHEET NO.

LD-13

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"'" 0£5CRIPTION UNIT w-es w-,; w-v LD-ZB ,._, W-JO w-~ I..D-JZ I.D·JJ W-J4

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[15] PREFABRICATED WELL & PIJ!.IP STATION • EA ' -- * JIVC SCH./60 LATERAL 1./N£5 IF 273 758 332 962 921 1225 1458 "" ---- • PVC SCH. 40 MAIN LINE LF 360 553 577 560 655 570

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A. EXTENT: IRRIGATION SYSTEM L/AIITS GENERALLY INCLUDE THE: MEDIN/ AITEAS OF' SR 60 FIIDM JUST WEST OF 1-95 TO JUST WEST OF B2ND AVE. THE lnR/GAT/01>1 SYST/i!.IISIWILL UTILIZE ONE f.XISTING IRRIGATION WEll AND ONE PR(JP()$£0 IRRIGATION WELL N/0 PUMP STAT/ON, ELECTRIC SERVICE TO PONER THE Nf.W PUMP STATION WILL ALSO BE PROVID£0 Sf THE CONTRACTOR. THE IRRIGATION WORX 1/ICLUDES FURNISHING ALL l.AEOR, MATERIALS, AND £00/P!./ENT FOil THE PROPER IIISTA!J..AT/011 OF THE IRRIGATION sYSTEM AND ALL COUPONENTS. WORK INCLUDES, BUT IS NOT L/!.111"£0 TO THE FOllOIIINGt II) TRENCHING Al/0 BACKFILL; 12JDIR£CTIONAL DRILLING; fJJ CONSTRUCTING ELECTRICAL SERV/C£;14!JNSTAL1AT/ON OF A FUW' AIJTOUATED 11/R/GATJON 5rST£!J,I/NCWDIIIG WELL AND PUMP STATION!,AJ)OING NEW IRRIGATION ZONES TO EXISTING S'fST£!1;151/fi'D!IOSTATIC AND OPERATIONAL TESTING OF All. SYSTEMS;/5/PREPARAT/GN OF AS-BUILT DRAWINGS.

GENERAL NOTES; /. THE CDNTRACTDR WILL VERIFY AU CONDITIONS AND DIMENSIONS SHONN ON THE PLANS AT THE SITE PRIOR TO CDIIMENC£M£NT OF WORK UNDER THIS CONTRACT. z. THE CONTRACTOR WILL REFER TO Tff£ LANDSCAPE PLAN WHE_N TRENCff/NG TO LAY PIP£ TO AVOID. TREES AND SHRUBS. J. THE CONTRACTOR WILL BE RESPONSIBLE FOR CONFORMMIC£ TO ALL APPLICABLE STATE,COONTY AND LOCAL REGULATIONS AJ/D CODES FOR IRRIGATION INSTAUATION. 4. I'H£ CONTRACTOR SHALL AfM£ ADJUSTMENTS TO THE IRRIGATION SYSTEM TO INSURE /OOY. COVERAGE AJ/D TO MINIMIZE OVERSPRAY. THE CONTRACTOR SJfALL SUBSTITUTE ADJUSTABLE N02ZLES FOR FIXED PATTERN NOZZLES SPECIFIED WHERE NECESS/>Rf. S. THE CONTRACTOR SHALL RUN J ADDITIONAL SETS OF WIRES IN EACH DIRECTION TO EACH END OF THE MAIN FOR FUTURE US£. 6. THE CONTRACl'OR SHALL BE RESPONSIBLE FOR HAFID WIRING ALL ELECTRICAL SERVICE CONNECTIONS. 7. ALL SLEEVES BEWN RfJAI)NAY PAVEMENT SHALL 8£ SCH. 80 AJ/D WILL BE PAID FOR UNDER THE C()I{TRACT LUMP SUM PRICE FOR IRRIGATION. AU SlEEVES 8EI.ON SIDEWALJ<S AND STAMPED CONCRETE MAINTENANCE STRIPS SHALL BE SCH. iO AND THE COST FOR THESE SLEEVES WILL Ai.SO BE INCLUDED IN THE LUMP SUM COST OF THE IRRIGATION SYSTEM. THE IRRIGATION CONTRI'CTOR SHALL COORDINATE: WITH THE fiOADNAY CONTRACTOR TO II/SUR£ THAT ALL SlEEVES ARE INSTALLED PRIOR TO RESURFACING OF ROAD,CURBS,51(J£WAIJ(S, AND MAINTENANCE STRIPS. B. ALL MAIN LINE SLEEVE LOCATIO/IS ARE ACCDMPAJII£{) WITH A 2" ElECTRICAL SLEEVE. FOR THE CONTROL WIRING.IAI.SO PllOV!D£.0 & 1NSTAU£D [if THE C()I{TFIACTOR!. 9. FINAL LOCATION OF ALL COI./P()I{£NTS 51/ALL BE. SUBJECT TO ENGINEERS APPROVAL. /0. THE CONTRACTOR SHALL BE SOlElY RESPONSIBLE TO CONTACT THE ENGINEER FOR lf(DfiOSTATIC AJ/0 OPERATIONAL TESTING. 1/, ALL MAIN LINE PIPES PLACED IN SLEEVES SHALL BE SCH. 40, SOLVENT WEUJ WITH ADEQUATE RE.STRAI/ITS. THE SLEEVE SHALL BE A MINIMUM 7WO 121 TIMES LARGER THAJ/ THE. ENCASED PIPE DIAI.IETER. 12. ALL COMPONENTS SHrHIN AND/OR DEPICTED ON TffE PLAN SHEETS REPRESENT APPROXIUATE LOCATION 011/Y,AJID ARE FOR ClARiFICATION PURPOSES. THE FINAL l.DCATION OF AU COMPONENTS SHALL BE SUBJECT TO APPROVAL 81' THE. ENGINEER. /.l. 00 NOT SCALE PLAN FOR EXACT HEAD LOCATION. 14. ALL PIPING ON THE PLANS IS DIAGRAMMATICALLY flOUTED FOR CLARITY AND SHALL BE ROUTED TO AVOID PLANTS AND UTILITIES. THE C()I{TRACTCIR SHALL TAKE PRECAUTIONS TO 1.1/N/1.1/ZE DAAIAI>£ TO EXISTING rREE ROOTS TO TffE EXTENT POSSIBLE. DESIGN MODIFICATIONS WILL ONLY BE MAD£ AS NECESSAHr TO MEET FIELD CIJNDITIONS AND ()1{/Y UPON APPROVAL OF THE ENGINEER. 15. IN SOME LOCATIONS ON Til£ IRRIGATION PLANS, THE MAINLINE IS SHIJNN Ill THE ROADHAY FOR CLARI'IY. THESE MAINLINES WILL BE LOCATED 12/ FROM BACK OF CURB WR STAMPED CONCRETE! AND WITffiN THE MEDIAN WHEN POSSIBLE. 16. IRRIGATION COMPONENT TRADE NAMES ARE SPECIFIED DIJE TO REQUEST BY UAINTA/11/NG AUTHOR!Tf,{//IDIAN RNER COUNTY!, TO INSURE COI.IPATIBILITY WITH OTHER COUN'IY sYSTEMS. Ail SUBSTITUTIONS TO MATERIAlS SPECIFIED SHALL BE APPROVED Br' THE E:NGINEER AND Tff£ MAINTAINING NJTHO!II1Y. 1

J7, NOTE: CENTERLINE OF CONSTRUCTION IS NOT SIIC!HN ON SOJ.f£ IRRIGATION PLAN SHEETS FOR ClARITY.

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NOT£: IRRIGATION MAIN LINES OR LATERAL L/N£5 THAT AilE SHONN AS PVC PIPES IN SlEEVES AIAY NEED TO 8£ SUBT/TUT£0 WITH H.D.P.£. PIP£ AND DIRECTIONALlY DRILLED WHEFi£ EXISTING /JTIL/TI£5 CAN NOT BE CROSSED WITHOUT EXCESSIVE EXCAVATION. COORDINATE All. CHANGES WITH ENGINEER

TYPICAL CONFLICT DETAIL

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NOTES: BE:ODING FOR TYPICAL IRRIGATION WATER MAIN Oil LATERAL /NSTAUAT/ON SHALL BE TYPE C. BEDDING SHAll BE (..Y)AIPACT£0 TO 95X DF THE MATERIALS UAX/AIUM DENSITY AS D£T£RAIINED IN ASTJI D-1557 IAASHTO T-IBDJ. TYPE C BEDDING SHALL 8£ DEFINED AS: SAND WITH 100 PERCENT PASSING A 9.75 SIEVE, AT lEAST 90 PERCENT PASSING A NUMBER 4 SIEVE AND A SAND EQIJNAl.ENT VAWE NOT L£55 THAN .JO.

TYPICAL TRENCH DETAIL NOT TO SCALE

REVISIONS Yi£StiliPtioN DATE I EH

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RESOLUTION NO. 2(107- 025

A RESOLUTION OF THE BOARD OF COUNTY COMWSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE JOINT PARTICIPATION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ADVANCE CONSTRUCTION OF SEGMENTS OF STATE ROAD 60

WHEREAS, the anticipated transportation demands on State Road 60 from 66th A venue to 82nd Avenue and from 82nd Avenue to I-95 (the Segments) will exceed the level of service established in the Comprehensive Plan; and

WHEREAS, if improvements are not made to the Segments, and traffic exceeds the level of service, applications for New Development would be denied as they would not meet the requirements of the Concurrency Management System; and ·

WHEREAS, improvement to the Segments will eliminate existing deficiencies and create new capacity on the Segments; and

WHEREAS, in order for the Segments to meet the requirements of the Concurrency Management System, the improvements must appear in the first three years of the Florida Department ofTransportation'swork plan; and

WHEREAS, in order for the improvements to the Segments to appear in the first three years of the FDOT work plan, the County must supply the funding to FDOT; and

WHEREAS, the County, by resolution, has determined to agree with the Florida Department of Transportation to enter into Advance Construction Agreements providing for the advance construction of the Segment Improvements conditioned upon the advancement of t.~eir cost of construction by the County; and

WHEREAS, the Advance Construction Agreements will provide for r_ein;tbursement to the County from available State and Federal Flinds of the principal amount advanced but do not provide or allow for any reimbursement to the County for the Interest Component; and

WHEREAS, the County and FDOT have agreed to enter into a Joint Participation Agreement for advancing construction of SR 60, whereby construction funding of approximately $38 Million will be advanced by Indian River County in 2007/08, and an additional $30 million will be advanced by Indian River County in 2008/09;

I STATE OF FLORIDA INDIAN RlVER COU_NTY TI-llS IS TO CERTIFY THAT THIS IS

, ATRUEANDCORF!ECTCOPYOFTHE ORIGINAL ON FILE IN THIS OFFICE - . I

A~f.FR RE. y. 1<. BARTO. N, CLERK I BY~~ f\Ar Co.c.

DATE \ ·- 'j' - \) t, • : ·''. 86

RESOLUTION NO. 2007- 025

1. The Chauman of the Board of County Commissioners is authorized to execute any documents necessary to complete the Advance Construction Agreement for the improvements to the Segments of State Road 60.

The forgoing Resolution was offered by Commissioner 0' Bryan and seconded by Comrllissioner Whee 1 er and upon being put to a vote, the vote was as follows:

Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Joe Flescher, Commissioner Nay Peter D. O'Bryan, Commissioner Aye

The Chairman thereupon declared the resolution duly passed and adopted at a meeting held this · 13th day of March, 2007.

BOARD OF COUNTY COMMiSSIONERS INDIAN RIVER COUNTY, FLORIDA

BY: 1!~-~ . Ga,_-y eeler, Chamnan

ATTEST: ~£~ Jeffrey K. Barton, CleT~

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

(' William G. Collins II, County Attorney rvr· .

-F:\Attomey\BiU\Ordinance Arnendments\State Road 60\BCC Resolution ofExecution of AgreemenLdoc

187


TO: Honorable Board of County Commissioners


THROUGH: John King, DirectorA\~ ... Department ofEme~en~ervices

FROM: Frances Sherwood, REP/Radio System Manager 1£ DATE: September 11,2008

SUBJECT: Service Agreement for Vero Beach E911 Public Safety Answering Point (PSAP) Logging Recorder on a Sole Source Basis from Replay Systems Inc.

DESCRIPTION AND CONDITIONS:

In August 31, 2007, the Board of County Commission approved the purchase of a 24-channel Replay audio recorder for the Vero Beach 911 Public Safety Answering Point (PSAP). The logging recorder is used to record all incoming and outgoing telephone calls and the radio transmissions of Law Enforcement, Fire, and EMS.

The VBPD Replay 24 channel VPI logging recorder will begin the recommended Level 2 maintenance program for the FY 2008/2009 on October 23, 2008 and ending September 30, 2009. The cost of the annual service agreement is $2,366.00 (pro-rated)

No other vendors are qualified or certified to provide maintenance to this equipment. Replay Systems is the manufacturer's representative for this region of Florida.

RECOMMENDATION:

Staff recommends the approval of the service maintenance agreement at a cost of$2,366.00. This is a planned expenditure and funds are budgeted in the 120-133 Communication Center Account (911 Surcharge Funds) for this fiscal year.

188

ATTACHMENTS:

2008/2009 Replay Systems Service Agreement for the IRCSO Sole Source Letter

APPROVED FOR AGENDA

FOR: October 7, 2008

1

:.dian River Co.

Jmin~t .... +c .-legal

Budget

Dept.

Risk Mgr.

General Svcs.

I(~~· Date

.~~

I ·-..., 119·14 (/Jr<i. !'O(IIo't {I;) "L. ;l.~·~ e-

;/J 'uA), l#l-14•11&'

189

September 17, 2008

Frances G. Sherwood Vero Beach Police Department Department of Emergency Services 4225 43rd Ave Vero Beach, FL 32967-1671

Dear Ms. Sherwood:

~lay REPLAY SYSTEMS

6555 NW 9th Avenue, Suite 105 Fort Lauderdale, FL 33309

Tel: 800 722 3472 954 267 9199

Fax: 954 267 9184 www .replaysys.com

This letter is to inform you that Replay Systems is the only authorized provider of service to both the Wordnet Series 2 voice recorder and the VPI voice recording system located in Indian River County.

Should you need additional information, or have any questions, please feel free to contact me at (800) 722-3472.

Sincerely,

Scott Hurley President and CEO Replay Systems, Inc.

190

~lay LEVEL2

SERVICE AGREEMENT

This Service Agreement ("Agreement") is made and executed by and between Replay Systems, Inc. ("Replay") and Indian River County (hereinafter referred to as "Purchaser").

WHEREAS, Purchaser has purchased the equipment identified on the attached Appendix 2 (the "Equipment"), and desires a service contract in connection with same, and

WHEREAS, Replay is in the business, among other things, of servicing items such as the Equipment, and

WHEREAS, Purchaser is desirous of obtaining from Replay, and Replay is desirous of providing. a service contract for the Equipment, on the tenns and conditions contained herein,

NOW, THEREFORE, in exchange for the mutual promises, covenants, and consideration described herein, the parties hereto agree as follows:

I. RECITALS

The foregoing recitals are true and correct, and are incorporated herein by reference.

2 TERM

The term of this Agreement (the "Term") shall be for a period of one (I) year commencing on 10/23/08 and terminating on 09/30/09. and shall automatically renew on the same terms and conditions, on an annual basis, for successive one (1) year terms unless either party notifies the other in writing of its intention not to renew at least thirty (30) days prior to the expiration of a Term.

3. SERVICE

For the services described herein Purchaser shall pay Replay a service fee (the "Service Fee") of$2,366.00 (prorated) per year (provided, however, that for each one (1) year Term after the first one (1) year Term hereof, the Service Fee shall be subject to a cost~of-living increase of no greater than five percent (5%) of the Service Fee for the immediately preceding one (I) year Term).

Replay agrees to provide 24-hour telephone consultation, 365 days a year, for service questions regarding the Equipment.

Replacement parts for the Equipment, if needed as a result of normal wear and tear or a defect in the Equipment, will be furnished at no extra charge and installed by Purchaser's personnel. The parts replaced shall become the property of Replay. If parts must be replaced due to causes other than defects or normal wear and tear, Replay shall charge, and Purchaser shall pay, the price in effect at the time for such parts and all reasonable expenses associated with Replay's cost to replace said parts.

Replay agrees to provide local.on-site service to Purchaser Monday- Friday, 8:00am- 5:00prn,local time, except for holidays listed in Appendix 1 when necessary at an additional charge. Replay Service technicians dispatched by Replay Systems' Headquarters are to arrive at the Purchaser's place of business within 24 hours from notification by the customer of a known or suspected failure of one or more pieces of equipment covered by this agreement.

Replacement parts (whether component parts, assemblies, subassemblies, or otherwise) may consist, in whole or in part, of new or refurbished items, at Replay's option.

In the event that a required part is not locally available and the failed part cannot be repaired by the local Replay service technician, parts will be shipped immediately by Replay or its supplier via 24-hour express service to arrive the next business morning (Monday through Friday), contingent on such notice being provided prior to 4:00p.m. Eastern time. When notification is received after this time, the parts will be shipped no later than the following business morning. Replay shall deliver and install, at no additional cost, hardware and software Field Engineering Change Orders on the Equipment.

ss/replay.serviceag.l 0. 7.03 Revised: 05/15/08

1 Replay Service Agreement

Level2

191

~lay Under this Agreement, Replay resolves to work toward giving your Equipment availability approaching I 00%. To do this, Replay may, based on technical judgments made by Replay's service personnel, request to be able to monitor machine functions via its Remote Diagnostic Facility ("RDF"), but always with prior knowledge, approval, and cooperation of Purchaser. At such time, Replay may also make changes to the resident software, but never in a way that would knowingly disrupt normal operations, violate security, or disturb Purchaser's records. In addition, Replay may, frOm time to time, recommend and initiate replacement of suspect component parts at no expense to Purchaser, but with Purchaser's planned cooperation regarding replacement work. This will always be done with every intention of minimizing disruption.

Finally, if Replay deems it advisable for a manufacturer's service technician to visit and perform machine or operational remediation on~site, such a trip will be initiated by Replay, but with the full knowledge and cooperation of Purchaser. If such a visit is necessitated as a result of Equipment defect or normal wear and tear, the full expenses for such visit, including per diem, living expenses and all incidental costs relating either to the trip or the service work, will be the responsibility of Replay, with no cost to the Purchaser. In all other instances, Purchaser shall bear all costs and expenses associated with the visit. Purchaser shall maintain on~site environmental conditions as specified by Replay on-site representatives. These conditions will be within the common environmental range of all system components.

4. TITLE

Ti.tle to all documentation and software relating to the Equipment shall remain with Replay or its supplier, as applicable. Purchaser, as licensee, acknowledges that all such documentation and software are proprietary and confidential, and will hold in confidence all such information, as well as information concerning maintenance and diagnostics. Purchaser shall have the right to use such software as long as Purchaslowns the Equipment to which the software relates, and agrees to hold in confidence all technical and trade secret information including, without limitation, the content of and infonnation relating to software, including source code, object code, software updates supplied by Replay in respect thereto, all subsequent modifications of code made by Replay pursuant to maintenance and/or diagnostic evaluation, and all documentation relating to any of the foregoing. Purchaser ensures that access to such information will be limited to employees who must have access to use the Equipment effectively. The terms, provisions, and obligations of this section 4 shall survive the termination of this Agreement.

5. EXCLUSIONS

Replay's services to the Purchaser hereunder do not include:

a. Electrical work external to the Equipment;

b. Maintenance of accessories, attachments, machines, or devices other than the Equipment and/or not furnished by Replay;

c. Repair of damages resulting from: accident, neglect, negligence, intentional conduct, or misuse; fluctuations of temperature or humidity; failure of electrical power; lightning; causes other than ordinary use; or maintenance or repair of the Equipment by persons other than Replay personnel or its authorized representatives;

d. Painting or refinishing, making- changes or modifications unrelated to a failure of the Equipment, or performing services connected with relocation of Equipment;

e. Adding or removing accessories, attachments, or other devices;

f. Services rendered impractical due to alterations to the Equipment or because of electrical or other connections to the Equipment not supplied by Replay;

g. Any products or accessories deemed disposable items (i.e., headsets, UPSs, tapes, DVDs, phone couplers, logger patches)

h. Any items or services not specifica11y described in section 3, above.

192

1 r JAJ-~1 + rrr?"'-~{ c.-fli-t! p ay ~ 1/J~ f;.tJ l-, -oJO e1. ~·

6. CHARGES f;? " ....,_.J-__ .J-_0 _____ __....~~-------------..,. ;u !fLN I"

Charges for servic7f,~ovided under this Agreement are invoiced on an annual basis and are payable by Purchase pan receipt of invoice. All other charges hereunder are likewise payable by Purchaser on receipt of invoice.~-t"""liee' >mffiHlls-A<lt-j>ai<l-by-l'U!'€~R lllifly (lO) Ela;<&-lfom llle Elate &f i<weiee shaH be aeemea aelin~"em, ond sl>oll be subjeet tea: fiftanee ehB:fge at The fate ef 18% f)et EH:mttffl:, ef #le highest Fate allev.e8: 'By ap}3lieable law, vffl:iefleveF is 4ewar. Furthermore, Replay's obligations hereunder during the Term, and during any renewal thereof. shall commence only after receipt of full payment by Purchaser of the invoice for said Term, and Replay may suspend service hereunder during any period in which payment of any invoice is delinquent. If the continuity of coverage under this Agreement (or between the date of termination of the original manufacturer's warranty and the date of commencement of the initial Term of this Agreement) is interrupted or suspended due to non-receipt of payment from the Purchaser, or for any reason other than an action or omission on the part of Replay, Replay may require an on-site evaluation of the Equipment to determine the condition of the Equipment before continuation of this Agreement goes into effect. The cost of parts, labor, and travel to conduct such an evaluation, and all expenses incurred in order to return the Equipment to serviceable standards of operation as deemed necessary by Replay, will be responsibility of Purchaser.

7. GENERAL

a Replay's obligations hereunder are subject to delays caused by labor difficulties; fires; casualties and accidents; acts of the elements; acts of a public enemy; transportation difficulties; inability to obtain its equipment materials, or qualified labor sufficient to fill its orders; government interference or regulations; and other causes beyond Replay's control.

b. Any or all of Replay's rights or obligations under this Agreement may be assigned by Replay with notice to the Purchaser, and, on such assignment, Replay shall be release of all obligations hereunder, which obligations shall be the responsibility of the assignee thereof.

c. Replay reserves the right to modify or delete any term of this Agreement effective as of a:ny anniversary date of the Agreement by giving at least thirty (30) days prior written notice to Purchaser. Purchaser may then elect to accept the Agreement with such modification(s) or deletion(s), or to terminate the Agreement. Failure by the Purchaser to terminate this Agreement in writing within the thirty (30) day notice period shall signify acceptance of the Agreement as amended.

d. This agreement may be entered into and/or modified only by Replay's President and an authorized representative of Purchaser. Purchaser represents and warrants that the person executing this Agreement on behalf of Purchaser is duly authorized to take such action on behalf of Purchaser.

e. PURCHASER HEREUNDER FOR DAMAGES OF ANY NATURE, WHETHER IN C CT OR TORT, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO, AND S T EXCEED, THE MAXJMUM TOTAL CHARGES PAID OR PAYABLE BY SER TO REPLAY FOR SERVICES DURING ANY ONE YEAR UN!!ER--'r S AGREEMENT. THIS IMPLIED WARRANTY AND LIMITATION OF UA:BIITTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRE IMPLIED, INCLUDING WARRANTIES OF "MERCHANTAB OR "FITNESS FOR A PARTICULAR PURPOSE." IN NO EVENT SHAIJ,.RI!lP Y BE LIABLE FOR ANY LOSS OF DATA, NOR FOR LOST PROFITS, NOR FOR SI'Effitr,-eeNS~BENTIAL, OIHNiliR!;;GT llAMI.GE&.

f. No action arising out of or relating this Agreement, whether in conlract or tort, including negligence, maybe be brought by either party more than (I) year after the cause of action accrues; provided, however, that any action for nonpayment may be brought at any time within the applicable statute of limitations period.

g. Any controversy arising from this Agreement shall be governed by the laws of the State of Florida, and the litigation of any disputes arising out of this Agreement shall occur in the appropriate state or federal court located within the Southern District of Florida.

ss/replay .serviceag.l 0. 7.03 Revised: 05/15/08


Leve12

193

~ay 8. GRANT LICENSE

The Software Product is licensed, not sold, and is intended for use by Client as a single product. Its component parts may not be separated for use on more than one computer.

Client may install and use the Software Product on any computer for which it has been assigned a VPI Activation Key. The Software Product may not be rented, leased, loaned or distributed to any third party. However, the Software License may be permanently transferred provided that the recipient agrees to the terms of this Software License & Maintenance Agreement.

Client may make backup copies of the Software Product for all computers on which the Software Product is lawfully installed, for client's sole use and/or disaster recovery purposes.

Copyright notices must be maintained on the Software Product and all copies.

9. SCOPE OF SOFTWARE SERVICES

Replay agrees to provide Maintenance Services to keep the VPI's software for Client's Digital Voice Logging system in, or restore it to, good working order. Service will be performed during hours set forth in the Corltract. Services requested or required by the Client outside these hours will be charged at VPI 's then current schedule of rates and will be in addition to 'the Charges contained in this agreement. Where the Client requests additional services outside the scope_ of this agreement, VPI may provide those services at standard time and material rates and conditions then in effect.

Software Maintenance Service will include:

• Free VPI software upgrades within the purchased version. • Discounted VPI software upgrades to next version, excluding hardware. • Telephone support 24 x 7

Software Maintenance Services do not apply where a defect is caused by:

• Improper use; • Failure by the Client to provide a suitable physical environment; • Alterations, amendments or attachments to the System that have not been approved in writing by Replay; • Fire, flood, lightning, earthquake and any other events over which Replay has no control; • Service work not performed by Replay.

This Agreement replaces and supersedes any previous service agreement between the parties, and constitutes the entire Agreement between the parties with respect to the subject matter hereof

IN WITNESS WHEREOF, the parties have executed this Agreement by their duty authorized representatives on the day and year set forth below.

SELLER:

REPLAY SYSTEMS, INC. 6555 NW 9" AVE., STE. 105

FORTLAUD RD~::.E~,Ff7~~

BY: ~~----SCO

DATE:_--+rJ...:....:ISJ+7/P_tf.::.._f' __

4

PURCHASER:

Indian River County 4225 43" Avenue Vero Beach, FL 32967-1671

BY: PRIN~T~E=D~N-AME~~n=IT=L~E~:--------

SANDRA L. BOWDEN, CHAIRWOMAN, BCC

DATE: ___________ _

Replay Service Agreement Level2

194

~ay

ss/replay.serviceag.l0.7.03 Revised: 05/15/08

APPENDIX!

HOLIDAY SCHEDULE

New Year's Day

President's Day

Good Friday

Memorial Day

Independence Day

Labor Day

Veteran's Day

Thanksgiving Day

Day after Thanksgiving

Christmas Eve

Christmas Day


Level2

195

~lay APPENDIX II

Hardware, software and voice cards as listed below:

24 VP-AVISW

1 VP-PSAP

1 VP-4U-RAID1

1 VP-PERIPHERALS

1 VP-Analog-24

ss/replay.serviceag.l0.7.03 Revised: 05/15/08

Vero Beach Police Department

Activ! Voice Recording License. Per Activated Channel.

Public Safety Enhanced Feature Set Package

Alliance VPI Maxi Chassis- Win2003 Server- RAID 1: Dual 250 GB SATA Drives

Mouse and

24 Port Analog Interface Card.


Level2

196

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

OFFICE OF MANAGEMENT AND BUDGET

TO: Members ofthe Board of County Commissioners


SUBJECT: INDIAN RIVER COUNTY HEALTH DEPARTMENT 2008/2009 FEE SCHEDULE

FROM: Jason E. Brown Director, Management & Budget

DESCRIPTIONS AND CONDITIONS

CONSENT AGENDA

The Indian River County Health Department has submitted the proposed 2008/2009 Fee Schedule for approval by the Board of Commissioners. The Indian River County Health Department requests that the fees be effective October I, 2008. Pursuant to Florida Statutes, Section 154.06 (1), the Board of Commissioners must establish the fee schedule by resolution.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the 2008/2009 Fee Schedule and adopt the Resolution.

ATTACHMENTS

September 18, 2008 Letter from Miranda C. Swanson, County Health Department Administrator

Resolution with 2008/2009 Fee Schedule


FOR: October 7 2008

Indian River County A~ed Date

Administrator ~ /P f;j!Jf( Legal lrfha.!.k:.fZ- !iJh/~ Budget ( fV'\ q /'?~> ()'i Department l } Risk Management

197

Charlie Crist Governor

Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General

INDIAN RIVER COUNTY HEALTH DEPARTMENT

September 18, 2008

Joseph A. Baird, Administrator Indian River County Board of County Commissioners 1801 27'h Street Vera Beach, FL 32960

RE: 2008-2009 FEE SCHEDULE

Dear Mr. Baird:

Please find attached the proposed FY 2008-2009 fee scheduled for Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners.

Under F.S. 154.06, "Each county may establish, and each county health department may collect, fees for primary care services, provided that a schedule of such fees is established by resolution of the board of county commissioners or by rule of the department, respectively". We have provided an updated itemized sliding fee schedule for all health department services.

Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the fee schedule is presented.

Attachments

Miranda C. Swanson, M.P.H. County Health Department Administrator 1900 27th Street Vero Beach, FL 32960-3383

1::2Bt '---Miranda C. Swanson, M.P.H. County Health Department Administrator

Telephone 772-794-7400 Fax 772-794-7453

198

RESOLUTION NO. 2008-__ _

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO ADOPT A 2008/2009 FEE SCHEDULE FOR THE INDIAN RIVER COUNTY HEALTH DEPARTMENT.

WHEREAS, the Indian River County Health Department has proposed a fee schedule for October 1, 2008, through September 30, 2009, as more specifically set forth in Exhibit "A" attached hereto and made a part hereof; and ·

WHEREAS, Florida Statutes section 154.06(1) provides that the Indian River County Board of County Commissioners must approve the fee schedule by resolution,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. Effective October 1, 2008, all of the fees set forth on Exhibit "A" are hereby approved for use by the Indian River County Health Department, pursuant to Florida law.

2. The fees set forth on Exhibit "A" are in effect from October 1, 2008, through and including September 30, 2009, and, thereafter, shall continue to be in full force and effect from October 1, 2008, and continuing until such time as the Indian River County Health Department requests that the Indian River County Board of County Commissioners adopt a new resolution that supersedes this Resolution in whole or in part.

This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner _______ and, upon being put to a vote, the vote was as follows:

Chairman Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary.C. Wheeler

The Chairman thereupon declared the resolution duly passed and adopted this __ day of , 2008.


By ____ ~-~~~---Deputy Clerk

Attachment: Exhibit "A"

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By~--~~-~~~~Sandra L. Bowden, Chairman

APPR"'"'"

Effective Date: October 7, 2008, nunc pro tunc to October 1, 2008.

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE ··Effective October 1st 2008

jVISif DESCRIPTION E/M t;ODI::~ II Visit • New

199201 Level One 99202 Level Two 99203 Level Three 99204 LeVe!Four 99201 TD Nurse

Medical Visit -_1 99211 Level One 99212 Level Two 99213 Level Three 99214 Level Four 99211 TD Nurse

I Patient

0%-A

$0.00 >o.oo $0.00 >O.OO >o.oo

>0.00 $0.00 $0.00 >o.oo >O.OO

17%-B I 33%-C

_$9.35_ $19.80

50%·0

$27.50

67%. E I 83%. F 1100%~~- 08-09 FEE .. ---··-

' ... ,... .... A,_,..,_ ..,,_,_ ~· $36.ou $45.65 $55.00 $55.00 $60.00----$9.35

$11.05_ $11.90

$9.35

$19.80 $21.45 $23.10 $18.15

$30.00 $32.50 $35.00 $27.50

$40.20 $43.55 $43.55 $36.85

$49.80 $53.95 $58.10 $45.65

$60.00 $65.00 $70.00 $55.00 ---

$4.25 $8.25 $12.50 $16.75 -$20.75 $25.00 $6.29 $12.21 $18.50 $24.79 $30.71 $37.00 $8.50 $16.50 $25.00 $33.50 $41.50 $50.00

$10.20 I $19.80 I $30.00 I $40.20 $60.00 $6.29 $12.21 $18.50 $24.79 $37.00

$65.00 -------·

$70.00 -- .. L. --·-···

$55.00 '

no--=---r:=~-- .. ~-~: --- --t---- -----

$50.00 $6' . -v.OO ______ ----

- $37.00 -- --1

I All Lab fees will be charged in addition to office visits on a sliding fee scale.

I Ph~l::o~a"~"~c:::-p~"'~::.:uc:--:".w"o"'r=-=k•P"'h:::ys"ic"'a"l----l~:C\~fc[,i:~~-~~ J :· \i *~g_io'; .. · .. >c ~~s~f~' ·J:.fE '{.· ... ,;:_;,;,, :.::: •.. 'L . ___ . $25.00 $25.00 I $45.olll ·- $6o:3o I · $74:7-o I $9o.oo -$90:00

icaid "Child Health Check-Up" and routine I Must be established primary care patient to receive physical on sliding fee scale.

g Cessation Intermediate 3 - 10 minutes e > 10 minutes

199499- Flouride Vamish--521.01

!Out of 1t Fees*

f'.:) CY 08-09 PRINT COPY

0 0

>o.oo $0.00 >0.00

swill be

$2.~ $4.32 $4.25

$4.25 $8.38 $8.25

$6.45 $12.70 $12.50

$8.64 $17.01

__j>16.75

j at 100% of SJiding Fee Seal~

"EXHIBIT A"

Page 1 of9

$10.70 $21.07 $20.75

$12.89 $25.39 . $25.00

12.89 .. $25.39

$25.00

I

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE •• Effective October 1st 2oqs

FAMILY PLANNING VISIT DESCRIPTION E/MCODES O%·A Medical Visit • New Patient ' 99201 level One $0.00 99202 -level Two $0.00 99203 level Three $0.00 99204 level Four . $0.00 99201 TD Nurse Protocol $0.00

.

Medical Visit • Established Patient 99211 level One . $0.00 99212 level Two $0.00 99213 level Three $0.00 99214 level Four $0.00 99211 TO Nurse Protocol . $0.00

.

Family Planning .

Initial/Annual Family Planning Visit* $0.00 Subsequent Family Planning Visit(s) $0.00 *Includes all "J'Piicable in-house laborat()_ry_services.

17%·8

$9.35 $10.20 $11.05 $11.90

$9.35

$4.25 $6.29 $8.50

$10.20 $6.29

$15.30 $6.29

All Lab fees will be charged in addition to office visi!S on a sliding fee scale.

Procedures not included in office visit 58301 IUD Removal L_ ___ --- --

I':) CY 08-09 PRINT COPY 0 ........

-- ----

$0.00 $10.20 L_

33%-C

$18.15 $19.80 $21.45 $23.10 $18.15

$8.25 $12.21 $16.50 $19.80 $12.21

$29.70 $12.21

$19.80

I

50%-D 67%-E 83%· F 90%· G 95%- H 100% ·I 08-09 FEE

$27.50 $36.85 $45.65 $49.50 $52.25 $55.00 $55.00 $30.00 $40.20 $49.80 $54.00 $57.00 $60.00 $60.00 $32.50 $43.55 $53.95 $58.50 $61.75 $65.00 $65.00 $35.00 $46.90 $58.10 $63.00 $66.50 $70.00 $70.00 $27.50 $36.85 $45.65 $49.50 $52.25 $55.00 $55.00

$12.50 $16.75 $20.75 $22.50 $23.75 $25.00 $25.00 $18.50 $24.79 $30.71 $33.30 $35.15 $37.00 . $37.00 $25.00 $33.50 $41.50 $45.00 $47.50 $50.00 . $50.00 $30.00 $40.20 $49.80 $54.00 $57.00 $60.00 • $60.00 $18.50 $24.79 $30.71 $33.30 $35.15 $37.00 $37.00.

.- .. •

$45.00 $60.30 $74.70 $81.00 $85.50 $90.00 . .· $90.00 $18.50 $24.79 $30.71 $33.30 $35.15 $37.00 $37.00

$30.00 $40.20 $49.80 $54.00 $57.00 $60.00 $60.00 I

Page 2 of9

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE ··Effective Octob~r 1st 2008

~ notl 583011UD

I in office visit

11765 Ingrown Toenail' 17000 Wart Treatment- First

--- -

17003 Wart Treatment - Each ' 10060 Incision and D 94640 Respiratory Treatment • ,93000 EKG " There is an additional charge for 1

1 with set' 71020 Chest X-Ray Tuba

-- --·-

0%-A 17%-B ;o.oo $10.20 ;o.oo $8.50 $0.00' $5.95

1lwart $0.00 $1.02 $0.00 $9.35 $0.00 $1.70 $0.QQ_- $5.10

33%-C 50%-D 67%-E 83%- F 100%-G 08-09FEE I I >19.80 $30.00 $40.20 $49.80 $60.00 $60.00 ____ +1----1 >16.50 $25.00 $33.50 $41.50 $50.00 ~· $50.00 ___ --+·----1 >11.55 $17.50 $23.45 $29.05 $35.00 ~-- --

~--·--

$1.98 $3.00 $4.02 $4.98 :$6.00 . $6.00 ___ -t----t $18.15 $27.50 $36.85 $45.65 $55.00' ~"" nn

$3.30 $5.00 $6.70 $8.30 $10.00 i i $9.90 ' $15.00 $20.10 $24.90 $30.00: $30.00,-------j------t

l

• Unless included in Physical or Office Visit. If it is part of an EPI investigation, there will b' . ···'"··· · .•. ,,.,"'''' ... . ·--~ will be billed if insurance information is :

r-.) CY 08-09 PRINT COPY

0

"' Page 3 of9

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE -- Effective October 1st 2008

!Tetanus

1 Pox}

(per fRI~~cCViaf

· s A Vaccine (per s B Vaccine (per

Twinrix -Hep A & B (per

Cervical Cancer Per CDC age 0-18. Charges

I

a for

0%- A 100%- G 08-09 FEE --- "I D.OO $28.00 · ; : 28.00 ----+---J.OO $7.65 $14.85 $22.50 $30.15 $37.35 $45.00 ·; 45,00 ___, ).00 $7.79 $15.11 $22.90 $30.69 $38.01 $45.80 _- . .45.80 I

$0.00 $3.20 $6.22 $9.42 $12.62 $15.64 $18.84 -- :';--1- ..... ,_ $O.oo $5.79 $11.24 $17.03 $22.82 $28.27 $34.06 }< : 34.-- I $0.00 $3.81 $7.41 $11.22 $15.03 $18.63 $22.44 L, ; •; 22.44 $0.00 $12.97 $25.18 $38.15 $51.11 $63.32 $76.29 ;'; \ 76.29

w1!:j~,~}9 '00

••. ,_. ___ •zii~;l~~~:~~[''~i~9

~~:~:ii!'~j';~--:_· .. ~!2-~9

.. ·t~~;i~iB?_ .• _-- ~!~g:gg .<';~~~g;gg.. 1 $0.00 $3.45 $6.69 $10.14 $13.58 $16.82 $20.27 :-· ,C'Y 20:z? $O.oo $4.52 $8.78 $13.30 $17.82 $22.08 $26.60 i : 26:60 I $0.00 . $7.37 $14.30 .. $21.67 .. $29.03 . $35.96 $43.33 ;; .. ~3.33 ---

~~},~j:~l~L. ,:_ ,, __ ;_:.: ~:~>-- -~-- i);:;;tj:~.~J~-~-M1~E-&d~~~~;NOTStiD•-.•r.!:.~~:c!;-:<~,,:.'-n·· · ,,_ ,.~., .. ,,./,.-:.:· -~;·-· · ''-~'"r:.-:<T· ... -- ......... ,.. ....... , ,-,.-- --· · ~ --·- ... ).(

•n'W.'W_;I.-... ...,,._,W~i:fr'!'' ::;\';•.y .• ··~':.-,-,,:.\j;:o<;':···K•(<:,',''-'::., -,.,_,_._., ;;pI OL.UU f-'·;'fi?.~?::--,·. ··---·--

0 I $23:8o 1·- . $46.20 1· . '$70:oo'f , ''$9isol''$iiii:2o I $14o.oo i{\7;:is}'1~o:oo-~•----+-----1 1tions are covered under the Vaccine for Children Program and are provided at no cost to -"""-- I

seCOnirol i~sues will be waived with --- - --- -- - --

Travel Travel

1 I J og Fee Scale does not apply - Per

!Tetanus !Tdap• !Typhoid YeuowFeVei'

!*As

on Consult Visit $39.00 --n Fee- 90471 $~.00

n Fee, additional shot- 90472 $$.00

*per ml

e-·n•

$50.00 $130.00

$45.00-$45.00 $60.00 I Per 2 ml dose $65.00

-$fio.OO $30.00 $55.00 $70.00

$100.00

N CY 08-09 PRINT COPY 0

Page4of9

w

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE •• Effective October 1st 2008

0%-A I 17%-B I 33%-C I 50%-D oLAB

LAB $0.00 $4.25 $8.25 $12.50

LAB I $0.00 I $5.95 I $11.55 I NOTE: Tests which exceed a charge of $100.00 will be billed individually on a slidin fee scale IN-HOUSE and CONTRACTED LAB Fee is for all labs performed at the time of: I All Lab fees will be chargedlil addition to office viSliS on a sliding fee scale as above.

oFees 7;1 H"'e"'a""lth"'

I Return Check , Charge t of the check, draft or order, whichever is realer not to

11 reports

ds Fees l"'c"'op""y_""o"i:f

1, F.S.) DOHP 56-66-08 • AR Policy) by physician)

ol $.05 for double sided copies plus cost of postage if mailed.

$25,0C

Large scale jper FL Statute 119.07.

: Florida

e clerical ''illillbe subject toa $10.00 administration fe!!! in addition to the above stated fee

g release of medicalrecords must be met prior to release of medical records to·any source. No fees are d to 11 agents with the understanding that IRCHD will also be exempt from such

!The charges to clients_for all items d by and under the purview of the Health L 11 shall be d upon the basis of actual costs Jplus $10.00 fee for each item rmeet

j on a sliding fee basis. Insulin and .. Y criteria.

scan be d at no charge i

Birth Certificates {book) Additional Copies {comp Additional Copies {book) Death

1 Fee (per year) ··~Fee

!Birth Case

' are provided free of charge to the r must present proper ID,

l per six {6) month period. 1

N CY 08-09 PRINT COPY

0 ~

;12.00 o15.00 I I

10.00 10.00 12.00 ;4.00 ;3.00 ;5.oo 10.00

l only: Children & Families Case Workers who are involved in a , t and copy of the signed court petition. Only one •

I± I I I

Page 5 of9

.

v case. ---rtle

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE --Effective October 1st 2008

Environmental Health County Fees Well Permit (Potable) $75.00 Well Permit (Irrigation) $50.00 Well Permit (2 Sites or more) $100.00 Well Abandonment $25.00 Well Permit Construction Variance $100.00 Public Supply Well Permit $250.00 Demolition Permits: Single Family Residence $75.00 Commercial Structures including mulit-family $100.00 Commercial Structures> 3,000 square feet $150.00 Demolition Reinspection $50.00 Environmental Assessment $150.00 Indoor Air Quality Assessment $50.00/hr Plan Review Regulated Facilities $75.00 Laboratory Fees Range $5.00-$25.00 Bacteriological Drinking Water Test $25.00 Sample Collection Fee $50.00 Sharps Containers: 1 Gal Size $3.00 2 Gal Size $4.00

1 Grease Trap Construction Permit (Sewer) Grease Trap Annual Operating Permit Quarterly Sample Collection Fee and Analysis Haz Waste Assess111ent/lnspection (Small Quantity Generators) OSTDS Permits Aft~r Construction Begins Annual Child Care Inspection Fee Annual Residential Facility Inspection Fee Sanitation Certification Inspection upon Request Administrative Site Plan - OSTDS Administrative Site Plan - Sewer Site Plan Review - OSTDS Site Plan Review - Sewer Revised Site Plan -:OSTDS Revised Site Plan - $ewer Subdiv Plan Review OSTDS 0-100 = $100$1 for ea over 100: Subdivision Plan Review Sewer Research I Report Fee Per Request Delinquent Permit Fee For Programs Without Fee in Place Non Compliance Inspections Scheduled OSTDS Inspection Per Contractor Request

I I

NOTE: Clients shall not be denied Sharps Containers for failure or inability to pay. Environmental Health State Fees I Please ~-e-~!t§chment IY .. _ . _ __

- - l I l I

CY 08-09 PRINT COPY Page 6 of9

$75.00 $50.00

$250.00 $50.00

Double Fees $100.00

$50.00 $50.00 $50.00 $25.00 $75.00 $25.00 $50.00 $25.00

$100 and UP $25.00 $10.00 $25.00 $50.00

$150.00

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE ··Effective October 1st 2008

T I ' I·

1 Fee Scale does 6oT20 Periodic Oral Exam (Medicaid Return) 00140 Limited Oral Exam :(EMER) _j_ -D0150 Comprehensive Exam (Medicai<f D0210 Intra Oral Colllplete Sen (inc BW) D0220 PA_§

· · 20.00 D5110 Complete Denture- Max · 17.00 D5120 Complete Denture- Mand 25.00 D5211 Upper Partial - Resin Base· 50.00 D5212 Lower Partial- Resin Base 10.00 D5213 Maxill_ary Partial Denture (Cast Metal) 7.00 D5214 Mandibular Partial Denture.(Cast Metal) D0230F

D0270E D0272 Bite D0274 Bite

L or R -- 10.00 D5410 Adjust Cofn!llete Denture -Max ;-Two 18.00 D5411 AdjustCompleteDenture-Mand Four 25.00 D5421 Adiust Partial Denture· Max

D0330.Panoramic Film · 45.00 D5422 Adjust Partial Denture- Mand -

45o.oo I:-45o.oo 400.00

>20.00 120.00

D0470 Diagnostic Cast 20.00 D5510 Repair Complete Denture" Base+ LAB 1 l$50 +lab D1110 Prophylaxis- Adult 14+ - - · 40.00 D5520 Replace Teeth Complete Denture+ LAB $50+ lab 01120 Prophylaxis- Child <14 30.00 D5640 Replace Teeth- Partial Denture+ ~B $50+ lab D1203 Topical Fluoride- Child <14 · 14.00 D5650 Add Tooth to Existing Dent.ure +LAB $50+ lab D1204 Topical Fluoride- Adult 14+ 15.00 D5660 Add Clasp to Partial Denture+ LAB $50+ lab D1206 Fluoride Varnish : 15.00 D5730 Reline Co111plete Max- Chairside I $90.00 D1330 Oral Hygiene Instruction 10.00 D5731 Reline Complete Mand. < D1351 Sealant-PerTooth 3, 14, 19, 30 20.00 D5750RelineCompleteMax+LAif T $50+1ab D1510 Space Main-Fixed-Unital (includes lab fee) · 150.00 D5751 Reline Complete Mand +LAB 1 $50+ lab D1515 Space Main-Fixed-Bilal_(includes lab fee) 175.00 D5820 Interim Partial Denture_(Upper F~!'fl,Sr) $100 +lab D1550 Recement Space Main! 20.00 05821 Interim Partial Denture (Lower Flipper) $100 +lab I I D2140AM 1 Surf- 45.00 D7111 N Coron Remnants-Deciduous $40.00 .I I D2150 AM 2 Surf- 55.00 D7140 Ext Erupted Tooth or $40.001 D2160 AM 3 Surf- 65.00 D7160 Sched Surg Post Op $40.00 D2161 AM 4 Surf- 75.00 D7210 Surgical Erupted I __ ___ _ __ $70.00 D2330 Comp Resin-One Surface-Ant 45.00 D7220 Surg Ext-Soft Tissue Impact D2331 Comp Two Surface Ant 55.00 D7230 Surg Ext-Part. Bony Impact I I I $80.00

ID2332 Comp Three Surface Arif - - --- - 65.00 Di240 Surg Ext-Part. Bonv lmoact D2335 Corn Incisal Angle + 4 Surf 70.00 D7250 Root Recovery-Surgery D2391 Comp Resin 1 Surf Post 55.00 D7280 Surg Exposure to Aid D2392 Comp Resin 2 Surf Post 65.00- D7285 BiopsY'- Hard Tissue + LAB D2393 Comp Resin 3 Surf Post 75.00 D7286 Biopsy- Soft Tissue+ LAB D2394 Comp Resin 4 > Surf Post 85.00 D7288 Brush Biopsy+ LAB D2920 Recement Crown 20.00 D7310 D2930 Stainless Steel • Primary - 75.00 D7320 AlveoloplaStY No D2931 Stainless Steel Crown- Perm. 100.00 D7510 I & D -Intraoral (I lb2940 Sedative Fillin-g-- - - - 21.00 D9110f D2951 Pin Retention- Per Tooth 7.00 D9230. D2970 Temporaf}' Crown 70.00 D9310 < D3110 Pulp Cap- Direct 20.00 D9630 DruQs D3120 Pulp Cap -Indirect 20.00 D9930 · 1 (Post. y)

ID3220 Vttal Pulpotomy 60.00 D9940 Occlusal Guard LD4341 Periodontal Scaling/Root Planning_Quad # __ 50.0Q_ D9951 Occlusal D4342 Periodontal1-3 Teeth 50.00 ID9972 D4355 Full Mouth Debridement 65.00 Any other service provided not listed will be at Medicaid rate plus $15.00

11- Limited [ll):>per &_Lo1r Arch)

~ CY 08-09 PRINT COPY Page 7 of9

0 0')

190.00 o75.oo

$100 +lab d!o5 +lab

>20.00 $35.0 $20.0 $25.(\vl I I $40.0n

I$100+iab $5o.oo

1 I I

$100.00

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE •• Effective October 1st 2008

I r--··--------r

I I I I I I Florida Administrative Code, Chapter 100·121 I I I I I For tl}e purpose of family planning, sexually transmitted disease, or HIV/AIDS services only, minors seeking those services shall be considered a separate family for income eligibility determination _purposes and shall be assessed fees for those services based upon their own personal ,gross income. . I 1 1 I I • _I 1

' J I .

I I Any client who elects to waive the eligibility determination process shall be assigned to the full fee category. ·If there is no fee for a service, incollj_e eligibility does not need to be determined, except for WIC .. I I I

. I I I I . I I The self-decl~ration statement shall include a signed acknowledgment that the statement is true at the time it is made, and that the person making the statement understands that the provider shall attempt to verify the statement. Verification can b~ secured by telephone, in written form, or by face-to-face contact. Verification does not require a written document to confirm an applicant's or client's statement.

·, I I ' I I I I I If the providei; is unable to verify W!IQ~s paid or an employer will not verify wages paid, the self-declaratory siatement provided by the applicant must be accepted as accurate. I I I I I : I I

' J I ' I I Clients served by CHDs and their subcontractors shall not be denied services for tuberculosis, sexually transmitted disease, or HIV/AIDS communicable disease control because of failure or inability to pay _a prescribed fee, regardless of their income. I I

I I I I Clients interviewed, examined, or tested at IRCHD's initiative because they are a contact to a case of communicable disease or because they are a member of a group at risk that is being investigated by the IRCHD shall not be charged a fee for the interview, examination, or testinil; these,clients may be charued on a slidinQ fee scale for any:treatment indicated, but they cannot be di>nied services based on inability to pay. I I I . I I

I I I I I I I Clients served by IRCHD and their subcontractors shall not be denied family planning services for failure or inability to pay a prescribed fee, regaf'\lless of their income; however, \he family planning services of inserting Norplant, and male and female sterilization, shall be limited depending on: the availability of funds to pay for these services.

I I Clients shall not be denied pregnancy testing for failure or inability to pay,

. I I Clients may r~quest a review of their fee charge on the basis that they have severe, unusual, and unavoidable expenses or obligations that substantially reduce their ability to pay and which warrant special consideration. I I ~ •---

. I I : I I I I I


0 Page8of9

-..I

-

INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE •• Effective Octob'r 1st 2008

I I IRCHD POLICIES I

I I I I I I I I

School Year Policy Regarding Physicals: If a patient is already established at IRCHD as a primal)' care patient, physicals will be given based on sliding fee scale; however, if they are new to the clinic for medical care, they must pay the advance fee of $25.00 unless they register as a primary care patient an(l transfer all current medical records to the health deJiartment.

I I J ' I I I I :

County of Residence: (Primary Care) If a patient has Medicaid, other confirmed medical coverage, or prepays out of coulll}'_ charge, we will see them in the clinic and bill for se.Vice. :However, all sliding fee or zero pay patients must be seen at the health department in the county of their residence. Failure to show confirmation of county residence will result in charge of 100% until such confirmation is obtained. (Exception to this rule will be for trea~ment of communicable diseases and family planning services,)_

i ' I Insurance will not be billed for family· planning services.

I Employee medical care will be provided based on approved policy and procedure.

I I I Hepatitis A & 8 vaccines are provided free of charge to ages 0·18 per CDC Vaccine for Children guidelines. If a_Eatient has Medicaid coverage, Medicaid will cover Hep A & 8 to age 21. Vaccines will not be provided on a sliding fee scale for non-established patients over the age of 18. EXCEPTION: Vaccine will be provided free of charge or on reduced fee if vaccine is treatment for communicable disease.

i I I I I I I I Anonymous HIV Testina: $25.00 fe~ applies to all patients who request HIV test. However, test will be given regardless of ability to pay. Reduced fee will be accepted for hardship cases. _j_ _j_ I

I I I I l I I Per agreement with Partners in Women's Health, a reduced fee of $10.00 will be billed to those patients who are pregnant and referred to IRCHD for HIV testing. I _I L

I I I I I I I Access to dental services will be limited to those patients who make 200% or less of the Federal Poverty Level. (Effective May 8, 2002)

I I I I L I I


0 Page 9 of9

00

REDLANDS CHRISTIAN MIGRANTS ASSOCIATION IAnroo~ont February 01,2008 -Janual)l 31_,_ 2009

os;os COST

I I · · I 1 and' Disabilities _l 0%- A I . 17%- B 33%- C 50%- D 67%- E 83%- F 100%- G COST I il E_J(am -1- $0.0Q.l_ . $6.80 _$13.20 $20.00 1 $26.80 $33.20 $40.00

~ ead

!Vision:

I Exaf/1 & Tl

;o.o pO.OO :0:00

INUit:: .

Lead, Vision and Hearing screening is included in Physical Exam. - · · - · , Dental Exam and Treatment is covered under a

)1.71 ~1.71

113

lgreement 0%-A 17%-B $0.00 $9.35

~3.30 $5.00 $6.70 $8.30 $10. ~3.30 _$5.00 $6.70

i.OO $6.70l ;.ool $6.7ol $8.3o i.OO $6.70 $8.30 1.00

33%-C 50%-D S7%- E I 83%- F I 100%- G I $18.15 $27.50

10.00

N N/A

K\.OMA

COST lffice Visit for Hep 8 · lep'

' E

$0.00 $0.00

•$7.65 $14.85 $3.40 $6.60

$22.50 $30.15 $37.35 · --$2o.oQ!~o:oo $10.00 $13.40 $16.60

fNUII:

'Dental --· . --- l Oral

'-Chile l3 Topical Flu~ Child

I 0272 Bitewing - Two Films 07111 Singi~_Tooth

U:.!'

D2'

D23 D23:

1-0ne 1-Two: 1- Three

fReSin:oiie -I Resin- Two ~esin -Three :

1esung,and

1 and r.n1

D29: I Steel Crown lflllissec

0%-A

I in cost of Office Visit. Lab fees are ,-•-- _c

i

17%-B I 33%-C I 50%-D I S7%-E I 83%- F I 100%-G -:

-

-

!NOTE: No Sliding Fee Scale for Dental Services. All additional services will be charged atthe Medicaid· Rates.

~ 0 C.0 J:\KLINE\Core Contract 08-09\SFS 2008-09 FINAL, RCMA

I N/A

COST ~ p8.00

r.oo ;.so 1.50 U10

!5.50 ~17.00

~8.00

9/18/2008

PUBLIC HEARING

DATE:

TO:

FROM:

PREPARED AND STAFFED BY:

SUBJECT:

BACKGROUND

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

SEPTEMBER 24,2008

JOSEPH A. BAIRD COUNTY ADMINISTRATOR

W. ERIK OLSON r'f\"\. ~ DIRECTOR OF~ SERVICES

JAMES D. CHAS~K- JJJ# MANAGER OF NT PROJECTS DEP ARTME 1TY SERVICES

129m PLACE PETITION WATER SERVICE A PORTION OF INDIAN RIVER ACRES INDIAN RIVER COUNTY PROJECT NO. UCP -2953 RESOLUTION ID- PUBLIC HEARING

/OA1

On September 9, 2008, the Indian River County Board of County Commissioners approved Resolutions I (2008-121) and Resolution II (2008-122) for the above referenced !29th Place Petition Water Service Project. Resolution I contained the preliminary assessment roll describing the project and cost. Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by mail. Resolution I (2008-121) was published in the Vero Beach Press Journal on September 16, 2008. (See ATTACHMENT'S- I Resolution with Exhibit A Preliminary Assessment Roll & 2 - Plat Map that displays the area to benefit from the asiiessment project).

On September 17, 2008 an informational meeting was held for the benefit of the property owners, in the County Administration Building.

Design for this project has been completed by the Department of Utility Services staff. We are now ready to begin the assessment process associated with this project.

F:\Utilities\UTILITY- .ENGINEERING\Projects -Assessment Projects\129TH PL A PORTION OF INDIAN RIVER ACRES\Agenda RES III 129th Pl PETITION WATER. doc

210

ANALYSIS

Of the 15 platted lots in this subdivision, which may benefit from the installation of the county water system the owners of 12 lots have signed the petition (80% ). The properties range in size from 0.16 to 0.27 of an acre plus or minus.

This project is to be paid through the assessment of property owners along the proposed water line route. Funding will be from the assessment fund No. 473.

The total estimated project cost and amount to be assessed ,including engineering, administration and construction is $50,000.00 (Rounded). (See ATTACHMENT 3). The estimated assessment cost per square foot is$ 0.446217 (Rounded).

RECOMMENDATION

The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolution III, which affirms the preliminary assessment roll on the subject property.

LIST OF ATTACHMENTS:

!-Resolution III and Exhibit A Preliminary Assessment Roll 2-PlatMap 3-Schedule of properties and estimated Project Cost

JDC/jdc

Indian River Co. AllPl'l:\ved Date Attachments September 24, 2008 Administration ~ SJ· !OI!/Jt'

Utilities \' .._).,: A.. 'I It~ f. APPROVED FOR AGENDA: Budget { IVtr- ''11'36,

Legal .!~ <!l/ Risk Manager

. ,

FOR:~ l;clddf' Date

F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\129TH PL A PORTION OF INDIAN RIVER ACRES\Agenda RES III !29th Pl PETITION WATER.doc

... o1 d..

I

211

Public Hearing {Third Reso.)

RESOLUTION NO. 2008-___ _

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO 129TH PLACE (A PORTION OF INDIAN RIVER ACRES) IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE. OF RECORD.

WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No .. 2008-121, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") to 1291

h !?lace (a portion of Indian River Acres) in Indian River County, Florida; and

WHEREAS, Resolution No. 2008-121 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the speCially benefited properties in the Assessment Area are to be paid; and

WHEREAS, Resolution No. 2008-121 was published in the Vera Beach Press Journal, as required by Section 206.04, Indian River County Code; and

WHEREAS, Resolution No. 2008-122, adopted by the Board, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to any and all complaints as to the Assessment Project and the special assessments imposed on the specially benefited properties in the Assessment Area, and for the Board to act as required by Section 206.07, Indian River County Code; and

WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, September 12, 2008, and on Friday, September 19, 2008 (at least twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and

WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and

WHEREAS, the Board, on Tuesday, October 7, 2008, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:

212


1. The foregoing recitals are affirmed and ratified in their entirety.

2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non-ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed forthe Assessment Project in the Assessment Area.

3. The Board hereby finds C\nd. determines that· the special assessments imposed in accordance with this Resolution, and Resolution No. ~008·121 provide an equitable method of funding the construction of the Assessment Project by fairly and reasonably allocating the cost to specially benefited property, based upon the square footage attributable to each parcel of property in the manner described in Resolution No. 2008·121. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment.

The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows:

Chairman Sandra L. Bowden Vice Chair~an Wesley S. Davis Commissi.oner Gary c. Wheeler

Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this __ day of October, 2008.


By _______________ ~---Deputy Clerk


By:_~~--~----~~-----Sandra L. Bowden, Chairman

Attachment: Exhibit "A" ·Assessment Roll (to be recorded on Public Records)

213

PRELIMINARY ASSESSMENT -129TH PLACE, A PORTION OF INDIAN RIVER ACRES AUGUST-15-2008

PARCEL# 30 38 36 00003 0010 00001.0 OWNER CAMPTON, WANDA L (DEC) %

CINDY G. MILLER 318 KING ST SEBASTIAN, FL 32958

LEGAL INDIAN RIVER ACRES PBI 8 - 9

SQ. FT 11,109 ASSESSMENT

LOT 1 & LOT 2, LESS ELY 41.26 FT BLK 1 PROPERTY 7380 129TH PL

PARCEL# 30 38 36 00003 0010 00002.1 SQ. FT . 8,943 ASSESSMENT OWNER SKOK,STANLEY JR & LORETTA

PO BOX235 HELMETTA, NJ 08828

LEGAL INDIAN RIVER ACRES PBI 8 - 9 ELY 41.26 FT OF LOT 2 & WLY 59.37 FT.·. OF LOT3 BLK 1

PROPERTY7360 129TH PL

PARCEL# 30 38 36 00003 0010 00003.0 SQ. FT .. 8,943 ASSESSMENT OWNER ZIMMERMACHER; MARIE H.

7350 129TH PL SEBASTIAN, FL 32958~3882

LEGAL INDIAN RIVER ACRES PBI 8 - 9 LOT 3 LESS WL Y 59.37 FT & ALL

LOT 4 BLK 1

PARCEL# 30 3836 00003 0010 00005.0 SQ. FT 7,110 ASSESSMENT OWNER LOPEZ, RAYMOND JR & MIRIAM ·

6040 SW 118TH ST PINECREST, FL 33156

LEGAL INDIAN RIVER ACRES PBI 8- 9 LOT 5 BLK 1


PARCEL# 30383600003001000006.0 SQ.FT 7,110 ASSESSMENT OWNER MARSHALL, JAMES G & MARY SUE

1 07 RED BOW LN FANCY GAP, VA. 24328



4,957.02

3,990.52

3,990.52

3,172.61

3,172.61

214

PARCEL# 30 38 36 00003 0010 00007.0 SQ. FT 7,110 ASSESSMENT OWNER SKOK, JEFFREY M

7320 129TH PL SEBASTIAN, FL 32958-3882


PARCEL# 30 38 36 00003 0001 00001 0 SQ. FT 7,101 ASSESSMENT OWNER WHITE, JOHN H & CAIRONE, JOANNE

4624 CEDARHILL RD COCONUT CREEK, FL 33066

LEGAL INDIAN RIVER ACRES PBI 8- 9 N 57.73 FT OF TRACT A, A/KIA PCL 1 (OR BK 487 PP 742) AND LOT 8 BLK 1

· · PROPERTY 129TH PL & INDIAN RIVER DRIVE

· .. PARCEL# 30 38 36 00003 0020 00001.0 SQ. FT 7,110 ASSESSMENT • 0\NNER CLARK, ROSEMARY

7375 129TH PL SEBASTIAN, FL 32958

LEGAL INDIAN RIVER ACRES PBI 8 - 9 A PORTION OF LOTS 1 & 2, BLK 2 DESC AS FOLL• BEG AT SW

. ··. COR OF SAID LOT 1, BLK 2; SAID PT BEING ON ELY RfiN ··· ·· • LINE OF OLD DIXIE HWY & RUN N 36 DEG 13 MIN 10 SEC W · · .· · ALONG SAID ELY RfiN LINE & THE WL Y LINE OF SAID LOT

1 BLK 2, A DIST OF 69.42 FT TO PT OF CURVATURE OF A ·.CURVE CONCAVE TO SE HAVING A RADIUS OF 15.00 FT

. . .8:ACENTRALANGLE OF 126 DEG 13 MIN 00 SEC; TH . . ALONG SAID CURVE FOR AN ARC DIST OF 33.04 FT TO A ·. · F'T OF TANGENCY; SAID PT BEING ON THE S RfiN LINE OF

·129TH PL; TH RUN E ALONG SAID S RfiN LINE A DIST OF ... 87 .92 FT; TH RUN SADIST OF 79.86 FT TO THE S LINE OF

. · ... · •. $AID LOT 1, BLK 2; TH RUN S ALONG SAID S LINE A DIST . . . OF 59.00 FT TO POB.

2

3,172.61

3,168.58

3,172.61

215

PARCEL# 30 38 36 00003 0020 00002.0 SQ. FT 7,110 ASSESSMENT OWNER ADAMS, NORMA JEAN & NOEL WARD ADAMS


LEGAL INDIAN RIVER ACRES PBI 8- 9 LOT 2 & A PORT OF LOT 1, BLK 2, LESS FOLL DESC PARC: BEG AT SW COR OF LOT 1, BLK 2, SAID PT BEING ON ELY R1W LINE OF OLD DIXIE HWY & RUN N 36 DEG 13 MIN 10 SEC W ALONG SAID ELY RIW LINE & WL Y LINE OF SAID LOT 1, BLK 2, A DIST OF 69.42 FT TO PT OF CURVATURE OF A CURVE CONCAVE TO SE HAVING A RADIUS OF 15.00 FT & A CENTRAL ANGLE OF 126 DEG 13 MIN DO SEC; TH ALONG SAID CURVE FOR AN ARC DIST OF 33.04 FT TO APT OF TANGENCY, SAID PT BEING ON S RIW LINE OF 129TH PL; TH RUNE ALONG SAID S RIW LINE A DIST OF.87 .92FT; TH RUN SADIST 0F.7.9..86 FT TO S LINE OF SAID LOT 1, BLK 2; THRUN WALONp_SAID S LINE A DIST OF 59.00 FT TO POB.

PARCEL# 30 38 36 00003 0020 00003.0 SQ. FT 7,998 ASSESSMENT OWNER ADAMS, NOEL WARD & SUE L.

7355 129TH PL SEBASTiAN, FL 32958-3883

LEGAL INDIAN RIVER ACRES PBI 8- 9 LOT·3BLK 2

PARCEL# 30 38 3S.OOOin 0020 00004.0 SQ. FT 7,998 ASSESSMENT OWNER NORCIA . MICHAEL JOSEPH & SHEILA JOAN

1603 SiN MONARCH CLUB DR PALM CITY, FL 34990

. LEGAL INDIAN RIVER ACRES PBI 8- 9 LOT 4BLK 2

PROPERTY733S 129TH PL

PARCEL# 30 38 36 00003 0020 00005.0 SQ. FT 11,958 ASSESSMENT OWNER BROWN. DAVID W. & SHIRLEY S.


LEGAL INDIAN RIVER ACRES PBI 8- 9 LOTS 5 & W 1/2 OF LOT 6 BLK 2

3

3,172.61

3,568.85

3,568.85

5,335.87

216

PARCEL# 30 38 36 00003 0020 00006.1 _ SQ. FT 3,986 ASSESSMENT OWNER BERDELLA JOAN B & BEVERLY

1599 PINE CIRCLE LAWRENCEVILLE, GA 30044

LEGAL INDIAN RIVER ACRES PBI 8- 9 E 1/2 OF LOT 6 BLK 2

PROPERTY 129TH PL

PARCEL# 30 38 36 00003 0020 00007_0 SQ_ FT 8,467 ASSESSMENT OWNER BERDELLA JOAN B & BEVERLY

1599 PINE CIRCLE LAWRENCEVILLE, GA 30044



ESTIMATED SQ FOOTAGE TO BE ASSESSED

ESTIMATED ASSESSMENT AMOUNT

AUGUST 15,2008

112,053

4

1,778.62

3,778.12

$50,000.00

217

0' >0 7.0

7

\0.15 AC

00009 0000

00000.1

t08 AC

00001 0000

~0000.9

3.02 AC

00001 0000

00006.2

00001 0000

00006.6

.44

~ 591.65

OJ 01 '(Y) I

SEBASTIAN CEMETERY

00001 0000

OOOO!U

00001 0000 (._/"

00006,3

m

I

00001 00001 8 0000 0000 00007.1 ::lQ1 00007.0

~

1.22 AC 1.S AC

ATTACHMENT 2

.129TH PLA PORTION OF INDIAN RIVER ACRES PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UCP- 2953

PRELIMINARY ASSESSMENT SUMMARY & SCHEDULE SIGNED PETITION -X SIGNED ADDENDUM- ADM X

SIGNED UTILITY EASEMENT- UE ADM OR SQUARE PARCELNO. OWNER PETITION FOOTAGE ASSMT

30 38 36 00003 001 d 00001.0 CAMPTON 11.109 4 .• 957.02 30 38 36 00003 0010 00002.1 SKOI'( X 8,943 3,990.52 30 38 36 oooo3 oo1 o oooo3:o ZIMMERMACHER 8,943 3,990.52 30 38 36 00003 0010 00005.0 LOPEZ X 7,110 3,172.61 30 38 36 00003 0010 00006.0 MARSHALL X 7,110 3,172.61 30 38 36 00003 0010 00007.0 SKOK X 7,110 3,172.61 30 38 36 00003 0001 00001.0 WHITE X 7,101 3,168.58 30 38 36 00003 0020 00001.0 CLARK X 7,110 3,172.61 30 38 36 00003 0020 00002.0 ADAMS X 7,110 3,172.61 30 38 36 00003 0020 00003.0 ADAMS X 7,998 3,568.85 30 38 36 00003 0020 00004,0 NORCIA X 7,998 3,568.85 30 38 36 00003 0020 00005.0 BROWN LT 5 & W1/2 6 X 11,958 5,335.87 30 38 36 00003 0020 00006.1 BERDELLA E1/2 6 X 3,986 1,778.62 30 38 36 00003 0020 00007.0 BERDELLA X 8,467 3,778.12

SQUARE FOOTAGE TO BE ASSESSED 112,053

ESTIMATED AMOUNT OF ASSESSMENT $ 50,000.00

ESTIMATED COST PER SQUARE FOOT $0.44621741497 ROUNDED $0.446217

OWNERS OF 12 LOTS SIGNING (80%)

ESTIMATED PROJECT COST AND ASSESSMENT AMOUNT (WILL PROVIDE AFTER DESIGN;

129TH PL A PORTION OF INDIAN RIVER ACRES JDC 4-15-2008

ATTACHMENT 3

219

lNDIAN RIVER COUNTY •• Department ofUtility Services

Memo To: Dan Chastain, Assessment Manager

/.::. /:::' .cFrom: Gordon E. Sparks, P.E., Environmental Engineer (../'CC __,

Thru: Mike Hotchkiss, P.E., Capital Projects Manager 1/J fl. CC: W. Eric Olson, Director

Date: July 30, 2008

Re: IRC -129'h Place Subdivision Water Assessment, UCP # 2953 WIP #473-169000-0 Cost Estimate for Assessment

Attached is the estimated cost to install the water main and appurtenances for the !29th Place Subdivision Water Assessment including Engineering, Permitting, Surveying, etc. I have also included the estimated cost of a loop extension of thewater maih on Indian River Drive with 6" main. The cost is assumes conventional installation by trench construction. If rip rap or other heavy materials are encountered that would preclude installation by conventional trenching methods, this loop extension will be eliminated from the project and only the water 6" and 4" water main on 129"' Place will be constructed, thus reducing the cost of the assessment project.

My cost estimate for the total construction is $49,843.00; therefore, I recommend $50,000.00 be used for the Assessment Roll.

GES/ges

Page I

F:\Utilities\UTTLITY • ENGTNEERlNG\Projects- Assessment Projects\12911-l PL A PORTION OF TNDTAN RTVER ACRES\Al -Memo to Dan Cost Estimate for Assessmsnt 7-30..08.cbc

220

lmlion Rinr Cuunty Depnnm~nt orUtiliti~• COST ESTIMATE uml CONTRACTOR'S BID ITEM LIST

Prajed: ll91h Plac~ Suh.ti\·i<ion Wntcr A.•.<O<.<m~nl

Description: WIP#47J UCPII

"' Olb os.

"' "' 14b

!9b 16• 16m 16• 161

''""'·'"

; I"'toll 6' PVC 'in>toll4' PVC

:I"'" 14" HI>PE H"I"""I ti"''" 16"

II"''"

I4"GV&B ;,~on FHA w/6" GV&B

II.,.n I-112" ; II"'" I-112" ; ji.,• I' PE I

;

Drill

Est. Construction Cost for Assessment Project

10% Cantingency

640 140 80

I

I

LS LF LF LF LF

EA EA EA EA

LABOR COSTS j

$9.00 $6.00

$30.00 $25.00 $25.00

$I~;::~ $800.00

$I,IOO.OO $800.00

840.0C 400.0C ,150.0(

,00.

.2oo:oo

M"'""' u,;, •..

$1.500.00 .

'·' 350.00 240.00

1.500.00 625.00

.. :t9o:oo 52.640.00 $1.2SO.OO

$750.00 $2.700.00 $!.625.00 SI.OOO.OO

800.00 550.00 550.00 si.35o.on 3,300.00 600.00 1.800.00 $5.!00.00

~~:~======~300l..•o~o==~:~::;~::::::~=~1:38~1 ~~-0~o039•0 .. o000~o0 $38,039.00

3,804.00

ASSESSMENT ESTIMATED CONSTRUCTION COST I $4I,843.ool

Surveying $2,500.00

Record Drawing $1,500.00

Design $\,000.00

Bidding & Award $500.00

Permitting $500.00

Construction Services $[ ,000.00

Administrative $1.000.00

ESTIMATED TOTAL ASSESSMENT PROJECT COST $49,843.00

···~l'•·"""' ... ""'""" .......... ~ .... ~-·'·"""''''~' 221

PUBLIC HEARING (LEGISLATIVE) )tJA ~

Date:

To:

Through:

From:

INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF GENERAL SERVICES

AGENDA ITEM September 30, 2008

Honorable Board of County Commissioners


Thomas W. Frame, General Services Director~ uJ~

Subject: Public Hearing for the Purpose of Considering an Ordinance to Amend Chapter 105. PURCHASING, Volume I, Code of Ordinances, Indian River County, Florida

BACKGROUND: Currently, the present language contained with Chapter I 05 of the County Code of Ordinances provides the foundation of county legislation that sets out how the procurement of goods and services by the county shall be governed.

Most of the existing language has remained unchanged since 1990 with some exceptions. In its present form, the purchasing code is severely outdated and causes extra steps and requirements that in today's economy costs more than we receive in either value or protection.

General Services and the Purchasing Division in coordination with the County Attorney's office has undertaken a drafting of revisions to the current Chapter 105. There are a number of changes that are contained within the proposed ordinance as follows:

• Amending Sections 105.01 and 105.02 to ClarifY of the Authority of the County Administrator. • Amending Sections 105.04 Increase payment and performance bond threshold from $25,000 to

$100,000 and to clarify certain provisions concerning bid bonds and bidders in default to the County. • Creation of new section to adopt a Environmentally Preferred Procurement Policy

In order to consider the potential adoption of any revisions in ordinance form, a public hearing is necessary.

RECOMMENDED ACTION: 1. Open public hearing 2. Take public comment 3. Close public hearing 4. Adopt Ordinance as presented


222

ORDINANCE NO. 2008-· ___ _

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING CERTAIN PROVISIONS OF CHAPTER 105, THE COUNTY'S COUNTY PURCHASING ORDINANCE; PROVIDING FINDINGS; AMENDING SECTIONS 105.01 AND 105.02 OF THE CODE TO CLARIFY THE AUTHORITY OF THE COUNTY ADMINISTRATOR; AMENDING SECTION 105.04 TO CHANGE THE PAYMENT AND PERFORMANCE BOND REQUIREMENT THRESHOLD FROM $25, 000 [TWENTY-FIVE THOUSAND DOLLARS] TO $100,000 [ONE HUNDRED THOUSAND DOLLARS] AND TO CLARIFY CERTAIN PROVISIONS CONCERNING BID BONDS AND BIDDERS IN DEFAULT TO THE COUNTY; CREATING A NEW SECTION TO ADOPT AN ENVIRONMENTALLY PREFERRED PROCUREMENT POLICY; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:

PART 1: AMENDMENTS TO CHAPTER 105 of The Code of Indian River County.

Section 1. LEGISLATIVE FINDINGS. It is hereby ascertained; determined, and declared that:

A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Florida Statutes section 125.01, the Board of County Commissioners of Indian River County ("Board") has all powers of local self-government to perform County functions.

Section 2. AMENDMENTS TO SECTION 105.01. After the effective date of this Ordinance, Section 105.01 of the Code shall be amended to read as follows:

Section 105.01. Authority qf county administrator. Except as otherwise provided by Florida Statutes, the county administrator or his designee is granted authority to purchase or contract for;__(§} supplies, materials, equipment, real property, and eF services,(other than services under section 287.055, F.S, except as otherwise set forth herein) costing fifty thousand dollars ($50,000.00) or less; and (b) planning or study activity services obtained pursuant to the "Consultants' Competitive Negotiation Act", Florida Statutes section 287.055, when the fee for such professional services is twenty-five thousand dollars ($25,000) or less for the county after taking such action as the county administrator shall deem necessary to obtain the best price for the county. Any such purchase or contract may be executed by the county administrator in the name of the county without commission action, although copies of any such contracts shall be available to the commission for inspection. In an emergency, contracts for purchase of parts or repairs to then-existing county equipment

1

223

or machinery may be purchased or contracted by the county administrator in his capacity as the county administrator, provided the county administrator certifies that a true emergency exists, and routes a copy of the purchase order or contract to the commission for its inspection with a memorandum describing the emergency situation.


Section 105.02. County commission. Any county purchase of supplies, material, equipment, or services in excess of the authority provided in section 105.01 or the Purchasing Policies and Procedures Manual, and services (other than as delegated in section 105.01) obtained pursuant to the "Consultants' Competitive Negotiation Act", subject to section 287.055, F.S., shall be approved by the county commission. Purchase orders of fifty thousand dollars ($50,000.00) or less may be executed by the county administrator. If a formal written, integrated contract, in excess of fifty thousand dollars ($50,000.00), is required for such purchases, said contract shall be signed by the chairman, the clerk, and the county administrator, and approved as to form and legal sufficiency by the county attorney. Any purported contract not so executed shall be void ab initio and shall have no force and effect whatsoever. The county commission may enter into contracts under this paragraph based on the recommendations of the county administrator, bidding procedures, or such other methods that the commission determines are in the best interest of the county. In addition, the county commission may direct the county administrator to take several bids and negotiate with these bidders to obtain an offer that is more advantageous to the county.


Section 105.04. Bidding procedures. The following bidding procedures shall be followed if bidding is used and the

procedures are not otherwise modified:

(a) Public Notice inl'itiRg eies to Solicit Competitive Bids or Proposals!Adverlisement. Any public notice to solicit competitive bids or proposals/advertisement notice for bids shall be considered an invitation to potential bidders to submit offers to the county in conformity with the county's invitation. All bids·received shall be considered irrevocable offers until such time as the county commission accepts an offer or rejects the offer as provided for in the bid specifications.

(b) Publication of notice. Public notice of any solicitation of competitive bids or proposals/advertisement shall generally be by publication in at least one newspaper of general circulation in the county and in accordance with Florida Statutes section 255.0525. In addition, the county administrator may solicit bids from prospective bidders.

2

224

(c) Bid bonds and other bid security. (1) Bids under twenty-five thousand dollars ($25,000.00). Normally, .e_bid bond shall not be required; however, if the county administrator determines that a bid bond is desirable in a particular instance the solicitation of competitive bids or proposals/advertisement public notice inviting bids shall specify the requirement for a bid bond and tRe procedures in subparagraph§. (2) and (3) of this paragraph shall apply.

(2) Bids twenty-five thousand dollars ($25,000.00) or over. Bid bonds equal to five (5) percent of the total bid amount shall be submitted with each bid unless the public notice soliciting competitive bids or proposals/advertisement inviting bids specifies that a bid bond is not necessary. Unsuccessful bidders shall be entitled to return of the bid bond surety afte!:no later than the final award of bid. The county shall retain the bid bond of a successful bidder shall forfeit any surety given upon failure by the successful bidder oo his part to execute and deliver eAter a contract and. where applicable. the required payment and performance bonds within fifteen (15) ten (1 0) days after receipt of a proposed contract from the County, unless such time is extended by the county administrator.

(3)JBid Securitv Options in lieu of bid bond.} See paragraph (h)(3) of this section for options Any bidder may submit a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida in an amount equal to five (5) percent of the total bid amount as bid security in lieu of a bid bond. The county shall retain the bid security of a successful bidder upon failure by the successful bidder to execute and deliver a contract and, where applicable, the required payment and performance bonds within fifteen (15) days after receipt of a proposed contract from the County, unless such time is extended by the county administrator.

(d) Bid opening procedures: (1) Sealed. Bids shall be submitted sealed and shall be identified as bids on the envelope. . (2) Opening. Bids shall be opened in public at the time and place stated in the public notice. (3) Tabulation. A tabulation of all bids received shall be available for public inspection.

(e) Rejection_of bids. The county commission shall have the authority to reject any or all bids, parts of any or all bids, or any or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest shall be served thereby. Further, after rejection of all bids, the county commission may republish for new bids. County administrator shall have this same authority with respect to bids for contracts under the purchasing authority of the county administrator. (Section 105.01)

(f) Bidders in default to county. The county commission may reject the bid of a contractor, vendor, or other service provider who is in default on the payment of taxes, licenses, or other monies due the county. The county administrator shall have this same authority with respect to bids for contracts under the purchasing authority of the county administrator. (Section 105.01)

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225

(g) Award of contract. The county commission after review of bids received may award the contract to the bidder who, in the view of the county commission, has submitted the bid that is in the overall best interest of the county. The county administrator shall have this same authority with respect to submittals . and bids for contracts under the purchasing authority of the county administrator. (Section 105.01)

(h)Payment and performance bonds. (1) Contracts under twenty fivB one-hundred thousand dollars (~ $100,000.00). Normally, payment and performance bonds shall not be required; however, if the county administrator determines that payment and performance bonds are desirable in a particular instance" the public notice inviting bids soliciting competitive bids or proposals/advertisement shall specify the requirements for payment and performance bonds and the procedures in subparagraph§ (2)" aflEI (3). and (4) of this paragraph shall apply. Except for a contract subject to paragraph (i), when there is no bond requirement the county shall make only one payment for the entire amount when the terms of the contract have been fulfilled.

(2) Contracts tl•.renty five one-hundred thousand dollars(~ $100,000.00) and er over. Payment bonds equal to one hundred (1 00) percent of the contract price and performance bonds equal to one hundred (1 00) percent of the contract price shall be provided by the successful bidder at the time of the execution of the contract. The public notice soliciting competitive bids or proposals/advertisement inviting bids shall specify the requirement§ for payment and performance bonds.

(3) Pavment and Performance Bond requirement§_. +RtJEach payment and performance bond shall be provided by a surety company authorized to do business in the State of Florida. In lieu of a bond, the county •.viii accept as security cash, certified eheel<, cashier's cheek or an irrevocable letter of credit. The cheel< or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. See the provisions of Section 255.05 F.S. The bond shall remain in effect for at least thirty (30) days after final completion.

(4) Securitv in lieu of Payment and Performance Bonds. In lieu of the bond required by this subparagraph (h) a contractor may file with the county an alternative form of security in the form of cash. a money order. a certified check, a cashier's check. or an irrevocable letter of credit. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the payment and performance bonds required by this subparagraph (h). The determination of the value of an alternative form of security shall be made by the county administrator.

(i) Waiver of bonds. At the time of award of contract, the county may waive the requirement for payment and performance bonds and the cost of said bonds shall be deducted from the contract price. U) Payment '!/hen eend of this sestien net required. Except for a contract subject to paragraph (i), when there is no bond requirement the county shall rnake only one

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226

payment for the entire amount when the terms of the contract have been fulfilled .[moved]

(jk) Waiver of bidding procedures. The county commission may waive or modify the bidding procedure on specific contracts.

Section 5. CREATION OF NEW SECTION 105.10. After the effective date of this Ordinance, Section 105.10 of the Code is created to read as follows:

Section 105.10. Environmentally Preferred Procurement Policy. The County is committed to the procurement of products and services that minimize negative environmental and social impacts and emphasize long-term values. Preference shall be given to products and services that have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

PART II: GENERAL PROVISIONS

SECTION 1: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein.

SECTION 2: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.

SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of The Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION 4: EFFECTIVE DATE. This Ordinance shall become effective on filing with the Department of State.

[remainder of page left blank intentionally]

5

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ORDINANCE NO. 2008-___ _

This Ordinance was advertised in the Vera Beach Press Journal on September 26. 2008, for a public hearing to be held on October 7, 2008. During the October 7, 2008, public hearing, this Ordinance was moved for adoption by Commissioner ________ , and seconded by Commissioner , and adopted by the following vote:

Chairman Sandra L. Bowden

Vice Chairman Wesley S. Davis


Commissioner Peter D. O'Bryan

Commissioner Gary C. Wheeler

DULY PASSED AND ADOPTED THIS ylh DAY OF OCTOBER, 2008.


Attest: J.K. Barton, Clerk

By __________ _


By ___ ~~------Deputy Clerk

-!ndlan Riv~r Cq /M;>;,Ov d Dale

Admin. (l\-\Y' 1\ io/1/ct· inistrator

Legal IM '[/ eJ-· rz T-:.~7:,__,. Budge\ 7~ F- I~~ o"K De pl. A• k 1/! o/O' Risk Mgr. '-V --r I

AP. roved as to form and legal sufficiency:

~

EFFECTIVE DATE: This Ordinance was filed with the Department of State on the __ day of October, 2008, and is effective on October , 2008.

6

228

/081 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION

REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: David Cox, Pelican Island Audubon

ADDRESS: 9495 Periwinkle Drive, Vero Beach, FL 32963 PHONE: 388-6058h/766-2074cell

SUBJECT MATTER FOR DISCUSSION:

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

Marine Advisory Narrows Watershed Action Committee

EJYES

EJYES

DYES

DNO

DNo ~NO

A Resolution renaming, reconstituting membership and revising advisory powers and duties

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? EJ YES DNo WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

County Attorney activities to draft Resolution

229

TO:

FROM:

DATE:

SUBJECT:


Dr. David Cox, Pelican Island Audubon Dr. Richard Baker, Pelican Island Audubon

October 7, 2008

Marine Advisory Narrows Watershed Action Committee

It is requested that the Board of County Commissioners consider the following information and recommendations.

SUMMARY

We need to fix the Marine Advisory and Narrows Watershed Action Committee (MANW A C). Because the MANW AC has only met four times during the last five years it no longer serves an active advisory role for the Board of County Commissioners. Yet marine and coastal management issues are, if anything, more pressing for the County now than ever.

This memo briefly documents the history of the MANW AC, the role it is intended to serve, and its recent inability to fulfill its advisory purpose. Four recommendations to restore the effectiveness of the MANW AC are proposed for consideration by the Board of County Commissioners:

I. Return to the original name and broader scope of the body, the Marine Advisory Board.

2. Reconstitute the membership of the board as described in Resolution 2003-131 with additional members, including representation from a second local environmental organization and the City of Sebastian, and with the elimination of representatives from governmental agencies, for a total of 9 members.

3. Review and revise, if necessary, the advisory powers and duties of the board as set forth in Resolution 2003-131, especially as they relate to the Indian River County Comprehensive Plan and other County advisory committees (see attached Resolution 2003-131).

4. Re-establish a regular schedule of meetings for the Marine Advisory Board with meeting times and agendas set jointly by the Commissioner-Liaison, the board chair, and staff.

BACKGROUND

Establishment, Expansion and Restructuring

1987 - Marine Advisory Board established by Resolution 87-15. Committee membership increased from 5 to 7 by Resolution 87-22.

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230

1989 - Marine Advisory Board renamed the Marine Advisory and Narrows Watershed Action Committee (MANWAC) by Resolution 89-25 and Quorum requirement lowered from 8 to 5 by Resolution 89-152.

2003 -Marine Advisory and Narrows Watershed Action Committee restructured by Resolution 2003-131.

Recent History of Meetings

During the nine years 2000-2008, MANWAC met 13 times. Their meetings were clustered: five were held in 2003, and only four meetings during the following five years.

The year-by-year record ofMANWAC meetings (from www.ircgov.com) is as follows.

2000 - 1 meeting 2001 - 2 meetings 2002 - 1 meeting 2003 - 5 meetings held, 2 of 7 cancelled 2004 - 1 meeting held, 5 of 6 cancelled 2005 - 0 meetings held, all 6 cancelled 2006 - 1 meeting held, 6 of 7 cancelled 2007 - 1 meetings held, all others cancelled 2008 - 1 meeting held, 4 of 5 cancelled; "special" meeting called for October 6, 2008

After this item was placed in the agenda packet for the September 23, 2008 meeting of the Board of County Commissioners, a MANW AC meeting was scheduled for October 6, 2008, and minutes for the October 15, 2007 MANWAC meeting were posted on the County website.

During the past nine years. 75% of scheduled MANW AC meetings have been cancelled ( 42 of 56 meetings). The last MANW AC meeting was on October 15, 2007. Prior to the 2007 meeting, there was a meeting on February 20, 2006. Before the 2006 meeting, the last previous MANWAC meeting was on May 17, 2004, a lapse of 21 months.

Because the MANW AC has only met four times during the last five years, it no longer serves an active advisory role for the Board of County Commissioners. Yet marine and coastal management issues are, if anything, more pressing for the County now than ever.

MANWAC Powers and Duties

As stated in Resolution 2003-131, ''The Marine Advisory Narrows Watershed Action Committee shall have the power and duty to:

a. Prepare and recommend policies, and, where possible, specific plans relating to:

I. Preservation and enhancement of recreational uses in the Indian River Lagoon. 2. Protection and improvement of water quality and marine habitat in the Indian

River Lagoon. 3. Minimization of the adverse impacts on the Indian River Lagoon from all forms

of pollution, development, stormwater run-off and over-fishing.

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231

4. Utilization of the Indian River Lagoon and its renewable resources in ways proven not to degrade water quality, marine habitat, recreational utility and natural beauty.

5. Intergovernmental coordination with respect to surface and stormwater management, stormwater/fresh water flow, wetlands protection, wetlands, seagrass and flood plain management and pollution loading.

6. Such recommendations shall be forwarded to the Board of County Commissioners and the Marine Resources Council of East Florida."

MANWAC was authorized to prepare and recommend policies and specific plans relating to the health of the Indian River Lagoon, public access for its many recreational uses, and protection of its natural resources and water quality. Since these issues still command the attention of the County Commission, and are of growing concern to County citizens, it would seem MANW AC' s advisory role would be even more important today than when it was originally established. Indeed, its role in some recent County projects was envisioned during its last meeting in 2006.

Old Business

From the Minutes of the last MANWAC meeting on February 20, 2006:

Staff Report Regarding the MANW AC' s Role in an U pcorning Comprehensive Plan Evaluation and Appraisal Report (EAR) Process

"Mr. DeBlois stated in 1990, when substantial revisions had been made to the County's Comprehensive Plan (Comp Plan) based on State legislation, part of the process once it was adopted was, every seven years, an Evaluation and Appraisal Report (EAR) would be prepared. He explained EAR was an analysis of the Comp Plan to determine what had changed, and what policies the County should consider revising, and upon completion it would be used as the basis for a major revision. Mr. DeBlois remarked the MANW AC would be the main commenting committee to the BCC for reviewing the Comp Plan, particularly as it related to the Coastal Management Element CCME). Mr. DeBlois distributed a flow chart showing the 18-month process for EAR, a copy of which is on file in the County Commission office. He said in addition to the CME. there was also a Conservation Element, and over the next year, there were going to be more opportunities and meetings to start getting into some of these issues. Mr. Moody asked what issues would be directly affecting the MANW A C. Mr. DeBlois responded one of the main components had been involvement in the Manatee Protection Plan CMPP). He pointed out the CME also included other aspects, such as beach matters. Mr. DeBlois stated while the MANWAC would be the main committee, there would probably be involvement from some other committees, depending on what the issues were." (underlining added)

"Commissioner Lowther related his focus now was for the MANWAC to meet every other month, because there were a lot of things which had been taken for granted. He did not believe the Oslo Boat Ramp had come before the MANWAC, but felt the Committee should have been involved. Mr. Moody concurred the members had become focused on the manatee issue primarily and there were a lot of other things which affected the MANWAC, and the Oslo Boat Ramp was one of them." (Feb. 20, 2006, MANWAC

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232

Meeting Minutes, with added underlining)

Col1ll1lents on preceding minutes: As the last 30 months have demonstrated, however, MANWAC played no role in advising the County on what grew into the "Oslo Boat Ramp Controversy," nor had it provided any expert public review of Comprehensive Plan Elements for the EAR process until the special meeting of October 6, 2008.

New Business

A partial list of issues facing the County for which MANW AC has the duly vested duty and power to advise the County Commissioners on would include the following:

+ Working Waterfronts (e.g., Sebastian Riverfront Project, including historic fish houses)

+ Spoonbill Marsh + Storrnwater planning and non-point source pollution issues + Total Maximum Daily Load issues: planning, implementation, and review + Manatee Protection Plan and manatee issues (speed zones, Aquatic Preserves,

Important Manatee Areas, interagency coordination) + County-owned submerged land + Seagrass protection + Coastal Management and Beach Issues + Powerboat-slip-to-shoreline ratio + Marina siting + Oslo Road Boat Ramp + Planning for County-wide Boat Ramp Siting + Environmental Lands Program issues that relate to the Indian River Lagoon

(including potential land acquisitions) + Lost Tree Islands issues (restoration plans and implementation, docks and access

improvements, Joe Earman Park issues) + Wetland mitigation and mitigation banks + ORCA "Diamond Tract" Management Plan + Spoil island issues + Indian River Lagoon Cleanup programs + Sebastian Inlet Tax District coordination + North Indian River Lagoon Feasibility Study + Review of dock and marina applications + Intergovernmental coordination (municipal, regional, independent tax districts,

State, Federal)

CONCLUSION

Pelican Island Audubon recol1ll1lends reconstituting the committee under its original name, the Marine Advisory Board. This proposed renaming reflects a shift in scope to consider issues within the County's entire portion of the Indian River Lagoon watershed, rather than only theN arrows and its irmuediate environs.

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233

We recommend that the Marine Advisory Board (MAB) be authorized to prepare and recommend policies and specific plans relating to the health of the Indian River Lagoon, public access for its recreational uses, and protection of its natural resources and water quality. Since these issues still command the attention of the County Conunission, and are of growing concern to County citizens, we believe the advisory role of the MAB would be even more important today than when it was originally established in 1987.

RECOMMENDATIONS

Pelican Island Audubon respectfully recommends that the Board of County Conunissioners direct staff to prepare a Resolution that repeals Indian River County Resolution 2003-131, and:

1. Renames the Marine Advisory Narrows Watershed Action Conunittee as the "Marine Advisory Board."

2. Reconstitutes the membership of the board as described in Resolution 2003-131 (see attachment), but with additional members, including representation from a second local environmental organization and the City of Sebastian, and with the elimination of representatives from governmental agencies, for a total of 9 members.

3. Reviews and revises, if necessary, the advisory powers and duties of the board as set forth in Resolution 2003-131, especially as they relate to the Indian River County Comprehensive Plan and other County advisory conunittees (see attached Resolution 2003-131).

4. Re-establishes a regular schedule of meetings for the Marine Advisory Board with meeting times and agendas set jointly by the Conunissioner-Liaison, the board chair, and staff.

Said Resolution shall be prepared and returned to the Board of County Conunissioners for consideration within sixty (60) days of this action.

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234

RESOLUTION NO. 2003-131

A RESOLUTION OF INDIAN RIVER FLORIDA, RESTRUCTURING THE ADVISORY NARROWS WATERSHED COMMITTEE.

COUNTY, MARINE ACTION

WHEREAS, Indian River County is greatly affected by, dependant upon, and served by the Indian River Lagoon; and

WHEREAS, it is in the best interest of the citizens of Indian River County to maintain, preserve and enhance the natural beauty, water quality and usefulness of the Indian River Lagoon as an irreplaceable natural resource; and

WHEREAS, the Marine Advisory Board has recommended that the above purposes and the intergovernmental coordination requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. 163.3177(4)(a) and F.S. 163.3177(6)(h), can be best advanced by expanding the Marine Advisory Board to also serve as the Narrows Watershed Action Committee for the Marine Resources Council of East Florida; and

WHEREAS, it is the will of the Board of County Commissioners to restructure the composition of the Marine Advisory Narrows Watershed Action Committee in light of recent ordinance changes;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

1. ESTABLISHMENT.

The Marine Advisory Narrows Watershed Action Committee is hereby reestablished and restructured. This resolution repeals and replaces Resolution 89-25 and Resolution 89-152.

2. MEMBERSHIP.

The Marine Advisory Narrows Watershed Action Committee shall be composed of fifteen members, each members must be a resident of Indian River County with membership as follows:

a. A representative of a local environmental organization, such as, but not limited to, the Audubon Society, the Sierra Club, or the Florida Defenders of the Environment;

b. A representative of recreational fishermen, preferably a person affiliated with a recreational fishing organization;

C:\Documents and Settings\webmaster\Desktop\marine advisory narrows watershed action committee. doc

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c. A representative of commercial fishermen, preferably a person affiliated with a commercial fishing organization;

d. A representative of recreational boats, preferably a person affiliated with a recreational boating organization;

e. At least two persons. not necessarily affiliated with a particular user group of the Indian River Lagoon, but who have expressed an interest in the objectives of this committee;

f. One person from each governmental agency having jurisdiction for land or water management within the Narrows Watershed including the Indian River Farms Water Control District, the Florida Wildlife Commission, the Fellsmere Water Control District, the Indian River County Mosquito Control District and the City of Vero Beach.

3. TERM OF OFFICE.

The term of office for each member shall be two years.

4. POWERS AND DUTIES.

The Marine Advisory Narrows Watershed Action Committee shall have the power and duty to:

a. Prepare and recommend policies, and, where possible, specific plans relating to:

1. Preservation and enhancement of recreational uses in the Indian River Lagoon.

2. Protection and improvement of water quality and marine habitat in the Indian River Lagoon.

3. Minimization of the adverse impacts on the Indian River Lagoon from all forms of pollution, development, stormwater run-off and over-fishing.

4. Utilization of the Indian River Lagoon and its renewable resources in ways proven not to degrade water quality, marine habitat, recreational utility and natural beauty.

5. Intergovernmental coordination with respect to surface and stormwater management, stormwater/fresh water flow, wetlands protection, wetlands, seagrass and flood plain management and pollution loading.

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6. Such recommendations shall be forwarded to the Board of County Commissioners and the Marine Resources Council of East Florida.

5. ADVISORY STATUS.

The Marine Advisory Narrows Watershed Action Committee shall be advisory only and the members shall serve without compensation.

6. GENERAL PROVISIONS.

The provisions of Title 1, Chapter 103, relating to advisory boards and commissions shall apply to this Committee. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. A County Commissioner shall serve as a non-voting liaison to the Committee. Each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year.

7. MEETINGS.

A meeting may be called at the request of either staff, a liaison commissioner, or the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with the liaison and County staff. The chairman, Committee member, or staff may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under its liaison "Commissioners Items."

8. CONSULTANTNENDOR CONTACT.

The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County.

The resolution was moved for adoption by Commissioner Fran B. Adams, and the motion was seconded by Commissioner Caroline D. Ginn, and, upon being put to a vote, the vote was as follows:

Chairman Kenneth R. Macht

Vice Chairman Caroline D. Ginn

Commissioner Arthur R. Neuberger

3

Aye

Aye

Aye

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Commissioner Thomas B. Lowther Aye

Aye Commissioner Fran B. Adams

The Chairman thereupon declared the resolution duly passed and adopted this 21st day of October, 2003.


By __________ ~~~~ _______ , Deputy Clerk

Approved for form and legal sufficiency:

William K. DeBraal Assistant County Attorney

4

INDIAN RIVER COUNTY Board of County Commissioners

By~--~~77~~~---Kenneth R. Macht, Chairman

BCC approval date October 21. 2003

238

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

10 \:iifntfQfirl tid /Of;()_.

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

IS A PRESENTATION PLANNED?

IS BACK· UP BEING PROVIDED?

IS THIS AN APPEAL OF A DECISION?

~Yes

WV•• 0 Yes

D No

0 No

5( No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? n/L(-" ,)C:#T /~ l 11- !1J e I.A./ • C..O ~ ~ f.( /11 ' i-y 11-t¥ /[,a ®~ 1'""0 ,flo o 't...

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D Yes I 0 No

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?----------

Transmitted to Administrator Via: Interactive Web Fonn E-Mail Fax Mail Hand Delivered Phone

COUNTY ADMINISTRATOR:

MEETING DATE:

239

5-POINT Plan for the Gifford Aquatic Center

A Continuum Plan of Action:

I. Increase in all facets of community involvement at the pool to enhance community support. Recruit area agencies, businesses, organizations and individuals to be a more proactive part of the pool; through partnership, sponsorship and volunteering efforts.

a. Pastor's Association of Indian River County b. Gifford High School Alumni Association c. Progressive Civic League of Gifford, FL, Inc d. American Red Cross e. IRC Recreation Department, etc

II. Increase the Level of Marketing/Publicity for the Pool's operation and activities to the General Public.

a. Develop brochures, flyers and handouts to distribute throughout the local area.

b. Use the local churches and businesses' marquee sign to publicize the pool events and activities.

c. Go on TV (Marsha Littlejohn-TVl 0, Mike Redstone or Patty Vasquez at the VBHS station), and Local Radio stations.

d. Do banners to place throughout the community to keep the campaign in reference to the reinvigoration of the pool alive and growing.

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Page2

III. Increase the activities and the programmatic layout at the pool. a. Develop a calendar which spells out pool activities

and events in advance to inform the general public. Local churches, community organizations and other entities will make a commitment to create and develop activities that will increase the attendance

at the pool during an agreed upon time or period.

b. Provide programs that are of interest to the various attendees to the pool, both young and mature citizens.

1. Create programs for the young children. Invite and include the local area daycare centers to participate in various fun activities.

2. Continue to provide fun activities for the senior population. The Gifford Youth Activity Center "Beyond Special K" program is a prime example.

IV. Change the hours, days of the week and monthly operational schedule for service at the pool.

Proposed hours of operation

Tuesday ----------12:00p- 5:00pm Wednesday -------12: OOp - 5:OOpm

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Page-3

Thursday----------12:00p- 5:00pm Saturday -----------12: OOp - 6:OOpm Sunday-------------12:00p- 5:00pm

Months being proposed for Pool Closure are (December and January)

V. Increase the overall Attendance at the Gifford Aquatic · Center. a. Get signed Commitments from various groups,

who have high youth or adult attendance at their places of service. Example: 1. The Gifford Youth Activity Center-GY AC has a

water safety program which has (50) students and a captive audience at GY AC of 150 more. enrolled.

2. Local Churches- i.e.-The St. Peters Boy's Training Institute which has (50) young Boys.

Ideas on how to bridge the gap for those who can not pay the fee to enter the Gifford Aquatic Center.

1. Provide scholarships for disadvantage youth and families.

242

Page-4

2. Recruit Sponsorships to defray the cost for low income youth and families.

Ideas for raising funds for the Gifford Aquatic Center.

1. Dive-in movie night 2. Rent out rafts to patrons 3. Have special events (i.e. on April 18

\ put on an "April Pool Day" event)

4. Dunk Tank with special guest to man the tank (i.e. Commissioner Joe Flescher, Freddie L. Woolfork, etc.)

5. Remote control boat races 6. Swimming contest 7. Dances

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Lebanon Communi Pool

Our Aquatics Staff Welcomes you to the Lebanon Community Pool. The Lebanon Community Pool is open seven days a week

Offering aquatic activities for all ages and interest levels. We have something "Fun" and "Healthy" for everyone!

Aquatics Director, Gus Arzuer Office Manager, Rachel Henricks

Custodian, Lennie Mayton & Kyle Mayton Supervisor, Pam Walker Head Lifeguards, Alyshia Beuzo & Ashley Johnson

Lifeguards, Mitne Vanover, Amy Buchheit, Amber Kimball, James Smith, Steven Patterson, Darlene Ojeda,

Jeff VanEpps, John Carlson, Beth Cathcart, Steven Castro, Ryan Hilpert & Wes Husted

Instructors, Jill Smith, Gloria Andrews, Pat Burrell, Hattie Truett, Desirae Johnson, Megan Enright & Melanie Ogilive

Operated by the Lebanon Aquatic District with support from the Lebanon area citizens

Lebanon Aquatic District Board Members: Jan Nadig com""'•· Cathy Benneth Arle~e Crosm~n ~~~~-"'--;, Steve Wimer Kevm Buchheit ~ ;:

~ s :VQ ~$

~~~QUA.'fl.(.

42nd Year of Service (541) 451-8551 or (541) 259-SWIM

Fax: (541) 259-7946 1800 South Fifth St.-Lebanon, OR 97355

email: [email protected] www.lebanonpool.org

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Fees & Charges

General Admissions In-District Out of District Kids (5 & under)* FREE FREE Students (6-17) $2.25 $2.75 Adults (18-59) $2.75 $3.25 Seniors (60 plus) $2.25 $2.75 Family (6 people)** $8.00 $12.00 *Children under 6 years must be accompanied by a responsible 14-year-old person or older. **Additional $1.00 for each person after 6. Family considered those living under same roof.

Splash Card (10 Visits) Students $17.50 Adults (18-59) $22.00 Seniors (60 plus) $17.50 Instructional Classes (Adult) $25.00 Instructional Classes (Senior) $20.00

Swim Passes Students

Summer Annual

Adults (18-59) Summer Annual

Seniors (60 plus) Summer Annual

Senior Couple Summer Annual

Family (6 people)*** Summer Annual

$55.00 $!20.00

$82.50 $175.00

$55.00 $120.00

$66.00 $142.00

$110.00 $240.00

$22.00 $27.50 $22.00 $30.00 $25.00

$66.00 $142.00

$99.00 $208.00

$66.00 $142.00

$88.00 $186.00

$132.00 $274.00

***Additional $10.00 for each person after 6. Family considered those living under same roof.

Swim Lessons Private Lessons

$35.00 $10 per 1h hr $5 per Y, hr

$40.00 $10 per Yz hr $5 per Y, hr Semi Private Lessons

Lessons:

Passes:

Refund Policy $5.00 administrative fee once payment has been made. Credit will be issued for transferring between classes. Full refunds made for classes cancelled by facility. Will be prorated

ACCEPTED FOR PURCHASES OF $16.00 AND UP

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Lebanon Community Swim Club

LCSC is a youth swim team offering competitive swimming opportunity for girls and boys ages 6 and older. LCSC is a year round, non-profit club, and is a member of USA Swimming. Contact Head Coach Lorlee Engler at 25 8-163 7 for more information or visit their website at: www.lebanoncommunityswimclub.O:,g .. -~

.Jv'-a.-SwJMCwa

Parties and Pool Rentals Rent the pool and use our new party room, equipped with a refrigerator and microwave for your next Birthday party or company picnic. Pool is $70.00 an hour. Party Room $30.00 an hour. Please call the Aquatic office for information and available dates.

Swim supplies

To complete your next visit to the pool and for your convenience, we now offer the following items.*

Goggles, Adults & Kids Swim Caps

Swim Caps: Latex: $2.75 Silicone: $9.00

Ear Plugs: 4 Pack: $4.00 6 Pack: $4.50

Goggles:

Lycra: $6.50

Ear Plugs ~. Price ranges from $5.00 to $14.00. ~ choose from.

Many varieties to Nose Plugs

*All sales are final Nose Plug: $3.50 Swim Diaper: $1.00

Community Pool Closures Friday, July 4'h -Independence Day

September 2nd thru September 7'h- Closed for Annual Maintenance

246

Swimming Schedule Effective June 16'h, 2008- August 31st, 2008

Recreational Swims " Open swim times for all ages and water related activities including: water basketball, I meter diving board, water mats, water tubes, ball games and 91 degree warm water pooL Monday thru Saturday----------------------- I :00- 3:00p.m. Monday thru Friday-------------------------- 7:00- 8:30p.m. Sunday ----------------------------------------- 2:00-4:00 p.m. Children 6 years or under must be accompanied in the water by a responsible adult 14 years of age or older. Admission by General Fee · Splash Card · Pass

Lap Swimming Lanes available for adults interested in swimming and exercising for fitness and therapy. Fins, kickboards and pull buoys provided. Monday thru Friday-------------------------- 5:30- 8:00a.m. Monday thru Friday-------------------------- II :45 - I :00 p.m. Monday, Wednesday & Friday------------- 6:00- 7:00p.m. Monday thru Thursday---------------------- 8:30- 9:30 p.m.* Saturday--------------------------------------- II :30- I :00 p.m. Sunday----------------------------------------- 1:00-2:00 p.m Admission by General Fee· Splash Card · Pass *Kayak/Scuba Time: Pool is available for individuals providing their own kayak and scuba equipment. AM Aqua Aerobics This shallow water, fast-pace, morning exercise class is perfect for those who like to get up and go. Participants work to improve strength and cardiovascular fitness. Drop-in class. Monday-Wednesday-Friday 6:45-7:45am Admission by General Fee· Instructional Splash Card ·Pass

Physical Therapy Class Come join us in the warm therapy pool along with a licensed physical therapist in a class designed to increase circulation, promote muscle relaxation and aid in pain management after surgery. Participants must complete a physician's information form, which can be picked up at the office. Drop-in class. Monday thru Friday: 8:00-9:00 a.m. & II :45-12:45pm Admission by General Fee · Instructional Splash Card · Pass Deep Water Aqua Aerobics Join this fast-paced water exercise class. Participants workout without stressing their joints to improve strength and cardiovascular fitness. Exercises are performed in deep water, though not a requirement. Although you should feel comfortable in deep water, no swimming skills are required. Aqua belts, foot floats, Aqua fins and dumbbells are provided. Drop-in class. Monday, Wednesday & Friday 6-7pm Admission by General Fee · Instructional Splash Card · Pass Aqua Therapy Held in the therapy pool, this class is designed for patrons that could benefit from the 91-degree warm water exercises. Drop-in class. Monday, Wednesday & Friday 5:00-5:45pm and 6:00-6:46pm Admission by General Fee · Instructional Splash Card · Pass Arthritis Class Held in the shallow end of our main pool, this class is perfect for working those joints plagued by the pain of arthritis. Monday thru Thursday II :45-12:45pm Admission by General Fee · Instructional Splash Card ·Pass

247

Youth Swim Lessons We are pleased to offer our progressive swimming classes of instruction for youth 6 mos. and older. Our well-trained staff is dedicated to ensuring an enjoyable learning experience for your child.

Mornings: Mon-Fri (2 weeks/10 lessons) In-District: $35.00 Out-of-District: $40.00 8:30-9*, 9-9:30, 9:30-10, 10-10:30, 10:30-11 & 11-11 :30 Session 1) June 16-June 27 Session 4) July 28-Aug 8 Session 2) July 30-July 11 ** Session 5) Aug 11-Aug 22 Session 3) July 14-July 25 *8:30-9 time slot accepting levels 4-10 only **9lesson session, cost is only $31.50

Evenings: Tues. & Thur. (5 weeks/10 lessons) In-District: $35.00 Out-of-District: $40.00 6:00-6:30, 6:30-7:00 Session I) June 17-July 17 Session 2) July22-Aug21

Registration Registration for all classes is taken on a "first come, first serve" basis. Registration may be taken over the phone. All classes may be paid using Visa/MasterCard, personal check or cash. Office hours for registration are weekdays between 5:30a.m. and 9:30p.m. and Saturday from 11:30-3:00p.m. and Sundays from 2:00-4:00 p.m.

Parent/Tot Class (minimum age 6 months) Intended to develop in young children a comfort level in and around water as well as readiness for learning to swim. The child must be accompanied in the water by a parent or other trusted adult. Class size is limited to 10 children and is 30 minutes in length. Parent/Tot offered in the morning sessions from I 0:00-10:30 a.m. and during the evening sessions from 6:30-7:00 p.m.

Youth Swimming Lessons (ages 2 and older) Students learn how to swim through skill progre~sion from bobs and face floating to jumping into deep water and safely swimming to the edge of the pool. Class size is limited to 4 children for lower levels and 6 children for higher levels. Each class is 30 minutes in length.

Adult Swim Lessons Swimming instruction is offered for the adult non-swimmer in the form of private lessons. Call for more information.

Lockers Lockers are available for use, provide your own lock. Lockers may not be used over night.

248

Save Our Pool - F AQ What is "Save Our Pool?" Save our Pool is an unincorporated association of citizens and business people who are working to keep the North Kitsap Community pool open.

Why is "Save Our Pool" necessary? The North Kitsap Community Pool is owned and operated by the North Kitsap School District. The pool serves the entire community but the School District does not receive any funding for the operation cost of the pool and must pay for it out of normal school district revenues. There simply is not enough money in the school budget to pay for the pool.

If they have been able to run the pool in the past why can they not continue to do so now? All school·districts are having serious budget problems and the state funding for education is simply not adequate to cover all the expenses and programs mandated by law and to pay for optional programs. Optional programs are being cut in most school districts and North Kitsap is no different. One big optional program the North Kitsap School District is the community pool which cost approximately $350,000 a year to run.

What can I Do? Make a personal donation. Introduce us to decision makers who can make corporate or business donations to support the pool. Introduce us to decision makers in city and county governments. Work with us so your organization or church will support the pool. Donate time -work a phone tree, attend meetings, hold signs at street comers, talk to your friends, neighbors and families about supporting the pool.

Does the pool not generate revenue? Yes it does and actually revenues have grown and are at an all time high. The pool is well managed and attracting more public users every day. The total cost of the pool is actually approximately $550,000. The revenue the pool generates is approximately $200,000. This leaves a short fall of approximately $350,000 which the school district must fund.

Why we say approximately $350,000? Don't they know how much it actually cost to run the pool? The answer is no they do not because the utilities needed to heat the water and move the air etc are not metered separately from the school. It is estimated that the cost of utilities alone comes close to $200,000. This is like asking how much does the electricity cost to run your home office.

Can we pay for the pool by increasing revenue - raising rates etc? No- the study commissioned by the School Board jointly with other governmental bodies shows that community pools cannot be self supporting and all require additional funding from the community or governmental agencies.

I don't swim so how does the pool benefit me? The pool is a community pool and serves the needs of the children of the community, the

249

recreational swimmers, lap swimmers, and people who use it for health and weight control. The vast majority of the children in North Kitsap have learned to swim in the pool. Children from Kingston, Poulsbo and Suquammish all come to the pool to learn to swim. Your home value is dependent upon the total infrastructure of our community. The quality oflife is based upon the recreational features we all enjoy. Having an active pool with swim teams, and lessons for all ages add to the quality oflife. If the pool goes you can expect a decrease in your home value as a significant comer stone of the quality oflife has disappeared.

If they shut down the pool, can they not reopen it later? Depending upon how they shut it down will determine if they can reopen it later and how much it will cost to get it back up and running. However, the on going programs which are now generating record income for the pool will be gone and you will be starting from scratch again.

Does the pool benefit the School District? Yes having the pool does provide benefits to the school district. At one time students had to take a Basic Aquatics which was a popular elective. Today that is not the case and that program is one of the "optional" programs that has been cut. However, the special needs students use the pool daily and the school swim teams use the pool so the pool does add to the athletic departments. Many track and field athletes cross train and use swimming. The athletic department benefits as to all the athletes who cross train at the pool.

Note: Information derived from-North Kitsap Community Pool

250

North Kitsap Community Pool

I SEARcH e1 oG 1'"8 AG Rl oG 1 Next Btog"'


Pool Pictures

Donate Via Paypal

% 0 ?PAffl_. t}

Leave Your Input

Make a statement, offer support, sign up for email notifications

11om.

Donations

A ''Save Our Pool" account has

been set up at American Marine

Bank, Donations can be made at

any branch. The Account number

is 0921008801.

In addition, you can send contributions to :

Save our Pool PO Box 1284 Poulsbo, WA 98370

For more information please call

360-394-9605 or email saveoumool®comcast net,

American Marine Bank Locations

View Laraer Mao

Quick Facts

• The 2008-09 budget presented to

the NKSD board does not include a

SUNDAY, SEPTEMBER 7, 2008

Candidates Forum

*M EDUCATION FOCUSED ; " U'..GISLA TIVE DlST. SENATOR & REPRESENT A TrVF.S

CANDIDA.Tf<:S FORUM

Wednesday, Septemberl7 - 7PM Nor1b Kits:lp C~;~~emullil$ Auditorium

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CIU.I""').,-,.m.J mR.~IOitEI'!<fOII.I.tUlC):o<.

Posted by Randy Borek at 12:58 PM

MONDAY, AUGUST 25, 2008

School Board Meeting - The Budget Vote

7:00PM

Thursday, August 28th

18360 Caldart Ave.

0 comments

This is the Budget Vote meeting. It's time again to put large numbers

of pool supporters in the room.

You can download and review the budget proposal HERE or go to the

NKSD website

Please show up and bring your friends.

Posted by Coach Tom · PPST at 6·05 AM 0 comments

TUESDAY, AUGUST 12, 2008

Big Meeting On Saturday

Pool News: Big Meeting Saturday Morning

On Monday morning, the NKSD school board approved a proposal by

the Superintendant to create a citizen advisory group to: "monitor

and evaluate operations through December" and to "create a business

plan" which would offer long-term funding solutions.

So we want your help.

Please join your fellow swimmers-and other interested citizens-for a

Idea Generating Meeting. One giant brainstorm about money. No

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Events

9/17@ 7pm - 23rd Legislative Dist. Senator & Representatives Canidates Forum

Documents

NK$D Budget Proposal

Read The World Drowning Report

Support from "Make A Splash" -Long-shot swimmer chasjng Olympic dreams at 45

The Power of the Pool· Issues of class. culture and political prioritjes swirl

!JSA Swjmming StudyConstraints Impacting Minority Swimming Partlcioation

From School to Pool Article

Why Be A Swimmer?

Wall Street Journal·Chl!d Drownings Rise

Talitha"s Speech toNK School Board /PDF\

Darla's Essay· Why The Pool Matters IPDFI

Forms

Flyer with Donation Form [pDf)

Pledge Form

Mission Statement I PDF\

Contact Info /City and Countv\

fact Sheet /PDF\

EhQ._{p@

About Us

Randy Borek

Coach Tom- PPST

Andrew Sargent

Swimmers

Associated Groups

Poulsbo Pjranhas Swim Team

Water Blossoms Synchronized I»1D:11D.illg

NK High School Women's

~

NK High School Men's Swimming

1 0/1/20<2 51


• As a Non-Profit organization we

are trying to raise funds from the

North Kitsap community to keep

the pool open for 1 year

• The yearly budget for the pool for

salaries and maintenance is

$350,000

• These funds would Last 1 year -

Hopefully enough time to raise

community awareness and establish

a community and/or county

organization to become responsible

for management and financing of

the pool

• The pool will close August 31,

2008 if the funding is not found!

If you can help in any way please

e-mail us at saveouroool®comcast net,

Links to Pool Supporters

Central Market

Jose Technologies

Ube:rty Bay Books

Marina Market

McBride's Hallmark

Mor Mer Bistro

Penny's Team

Poulsbo Running

S'Klallam Tribe

TommyMac Design

Send A letter ...

Send a letter to the NK School Board

Dan Delaney

Ed Strickland

Melanie Mohler

Tom Anderson

\fa[ Torrens

Send a letter to the Poulsbo City Council

Becky Erickson

Connie Lord

Dale Rudoloh

Ed Stern

Jeff McGinty

Kimberlee Crowder

Linda Berry-Marais

(legal) idea too crazy!

Please invite anyone else that has an interest in assisting us.

Saturday

August 16

8:30 to 11

Board Room

NKSD

Posted by Randy Borek at 8:27PM

FRIDAY, AUGUST 8, 2008

1 comments

School Board Meeting- Monday, August 11

On Monday, August 11th at 10 am the school board will meet in a

special meeting called to review a budget proposal for operting the

North Kitsap Community Pool through December 31, 2008.

In addition, the school board wilt consider the formation of a North

Kitsap Pool Advisory Committee to oversee pool operations and report

back to the superintendent.

The outcome of this meetings should give us a pretty good idea if the

pool will be open after August 31, 2008.

Randy

Posted by Randy Borek at 5:50PM 0 comments

WEDNESDAY, JULY 30, 2008

Month of August

Since the school board will make their final decision regarding the

pool on August 28th there is little time to organize further fund raising

events.

Please continue to contact individuals and businesses and request

their financial support for the pool. We now have our website setup to

accept donations via credit card, so please feel free to direct

individuals to our website to make a contribution.

The school board has approved a new advertising policy that wilt allow

us to sell advertising space at the pool. Andy and I are working on a

mock up that we will include in a marketing package we plan to send

out to North Kitsap businesses. We believe this is a huge potential for

funding for the pool. We could use a volunteer to help us create and

maintain a listing of businesses we will send the material to and to

help us put the mailing together. Please let me know if you can help.

Everyone has done a fantastic job supporting the pooL Keep up the

good work.

Randy

Posted by Randy Borek at 7·43 AM 0 comments

Older Posts

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T September (1)

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Page 2 of3

Pool News

A Season That Almost wasn't

Kitsap Sun. United States

By Annette Griffus (Contact) North

Kitsap and Olympic swimmers !l:iave

the start during a dual meet at the

North Kitsap pooL The community

pool was nearly ...

Save Our Pool resoonds: It's a mixed -North Kitsap Herald, USA

By JENNIFER MORRIS POULSBO

The North Kitsap Community Pool

will officially remain in business

through the end of 2008, after

receiving budgetary approval ...

Related Articles ,.

Scrlpos Howard Foundation Names Winners of Top Ten Journalism

MarketWatch

Press-Democrat and The Kitsap

(Wash.) Sun, and was co-founder

and editor-in-chief of North by

Northwestern, a daily online

newsmagazine ....

Rich Natjve American heritage on

display at local casino resorts

Seattle Times

Suquamish Clearwawr Casino

Resort, 15347 Suquamish WayNE,

Suquamish, Kitsap County, six miles

from Bainbridge Island ferry

terminaL ..

powered by Coogle-

Page by TommyMac Demm_ II Template by Blogcrowds

I 011120<2 5 2


.- August (3)

.- July (8)

11>- June (7)

... May (5)

http ://northkitsappool. blogspot.cornl

Page 3 of3

10/l/20cQ 53

Dori Ro

From: Sent: To:

To: Dori Roy Subject: Public Discussion Date: October 1, 2008

brian heady [[email protected]] Wednesday, October 01, 2008 9:09AM Dori Roy

Dear County Administrator I Commissioners:

Please place me on the agenda for the next regularly scheduled meeting. I will address elected officials on matters concerning the expenditure of our tax dollars including sugestions as to how we might reduce cost and lower the tax burden of taxpayers.

I am making this request to speak under the rules of the County Commission and in accordance with the provisions of the Florida Constitution in which citizens reserve the right to instruct their representatives.

Thank you for your considerations in this matter.

Sincerely,

Brian Heady

Get more out of the Web. Learn 10 hidden secrets of Windows Live. Learn Now

1

254


TO: Joseph A. Baird, County Administrator

THROUGH:

FROM:

DATE:

TMENT HEAD CONCURRENCE:

Robert M. Keating, AICP· Commu · Development Director .4-6

Stan Boling, AICP; Planning Dir o~ I!J\ John W. McCoy, AICP; Senior Planner, Current Development

September 29, 2008

PUBLIC NOTICE (INFORMATIONAL)

SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 7, 2008.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing item has been scheduled for Board consideration:

October 14, 2008

1. Ryall Acquisition Group, LLC's Request to Rezone Approximately 585.57 Acres from A-1, Agricultural I (up to I unit/5 acres), RS-3, Residential Single-Family (up to 3 units/acre), RM-3, Residential Multi-Family (up to 3 units/acre), RM-6, Residential Multi-Family (up to 6 units/acres), RM-8, Residential Multi-Family (up to 8 units/acre), and CON-2, Estuarine Wetland Conservation District to Planned Development Traditional Neighborhood Design (PDTND) and Obtain Conceptual Planned Development Plan Approval For a Project to be Known as Liberty Park [2004110163-53297/PD-06-06-06] (LEGISLATIVE)

RECOMMENDATION:

The above referenced public hearing item is provided for the Board's information. No action is needed at this time.

APPROVED AGENDA ITEM: Indian River Co.

F:\Community Development\Users\CurDev\public hearing notices\BCC\2008\10-7-08 public hearing notice to board. rtf 255

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

TO: Joseph A. Baird, County Administrator

~ THRU:

FROM:

James W. Davis, P.E., ~ Public Works Director

Christopher R. Mora, P.E., Assistant Public Works Director


SUBJECT: 43'd Avenue Widening Update

BACKGROUND AND DESCRIPTION

DEPARTl\IENTAL MATTERS

At the regular meeting of the Board of County Commissioners on September 23, 2008, Commissioners requested that staff prepare an update on the widening of 43'd Avenue.

The Public Works Department will conduct a Powerpoint presentation on the status of the 43'd A venue widening projects, and will cover the following items.

I. 43'd Avenue widening history 2. Status of roadway construction plans 3. Status of right-of-way acquisition 4. Impact on property owners

APPROVED AGENDA ITEM: Indian River

Approved Date Co. ~ ' Administration .~ ~ ///ftt' County

~ rt~/i'] Attorney Budget (1ft\ ~/3010~ Public Works 01 ./ ?- 3o -a8

/

C:\Documents and 'Settings\chrism\DesktoJM3Av .48.docx

DATE:

TO:

FROM:

PREPARED& STAFFED BY:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

SEPTEMBER 16, 2008

JOSEPH A. BAIRD, 1-0~TY ~~RATOR

W. ERIK OLSON, D~~ITY SERVICES.

MICHAEL C. HOTCHKISS, P.E., CAPITAL PROJECTS Jf/ {<{MANAGER, GORDON SPARKS, P.E., ENVIRONMENTAL Cf.,g5. ENGINEER

REPLACEMENT OF 24" FORCE MAIN ON 15™ A VENUE FROM OSLO ROAD TO MASTER IN-LINE PUMP STATION NO. 89- UCP No. 3096

BACKGROUND AND ANALYSIS:

On Thursday, August 28, 2008 the existing 24" ductile iron pipe force main that flows into the Master In-Line Pump Station collapsed at the top about 40 feet from the wet well and caused the ground to cave in creating a small sink hole. Because the pressure in the force main is very low at this point, a major sewage spill was avoided and the sewage in the hole was channeled into the wet well by Operations crews while the damage was assessed. Within a matter of hours, the maintenance personnel were able to install a patch on the broken main and a temporary but effective repair was in effect

The failure of the force main in the top of the pipe is an indication that the ductile iron pipe is nat flowing full and accumulating sewer gases which are very corrosive to ductile iron. Although the ductile iron pipe used for transporting sewage is coated with epoxy on the interior to protect it from this condition, often the slightest localized imperfection or damage spot will allow corrosion to take hold given enough time. Because of this, epoxy coated ductile iron pipe is now only used in above ground installations such as in-line pump stations and bridge or canal crossings where extra strength is warranted for structural support.

Therefore, the condition of the remainder of the force main is in question and believed to warrant replacement before another failure is experienced and a major sewage spill occurs. Since the force main is not flowing full, and based on the anticipated flow rate through the line, it has been determined to replace about 700 feet of 24" ductile iron force main with 20" PVC force main. The PVC force main will not only posses better flow characteristics, but will also be less susceptible to

F:\Utilities\UTILITY • ENGINEERING\Projects- Utility Construction Permits\IRC- 24-inch Force Main Replacement at In-Line Pump Station UCP #3096\AA- AGENDA- W.O.# September 16, 2008.doc

257

corrosion from sewer gases. There are also some fittiags on the above ground in-line pump station intake piping that are made of 24" ductile pipe that should also be replaced with 20" pipe to improve hydraulic flow conditions. Staff has also determined the best and most expedient way to replace the questionable force main and fittings is to use the Utilities Department Labor Contractor, Derrico Construction Corporation, with the County direct purchasing the materials. The Utility Department's Labor Contractor, (Derrico Construction Corp.) was approved by the BCC on February 6, 2007 (Bid No. 2007026), and the contract is currently in effect through February 6, 2009. A cost estimate for labor and materials has been prepared for the project (See Attachment 1). The estimated cost for labor is$127,869.28 and the estimated cost for County purchased materials is $102,102.87 for a total estimated cost of $229,972.15. Work Authorization No. 2007-018 for $127,869.28 has been prepared for Derrico Construction Corporation (See Attachment 2).

RECOMMENDATION:

The staff of the Department of Utility Services recommends that the BCC approve the total estimated cost for the project of $229,972.15 for labor and materials and authorize the Chairman to execute Work Authorization No. 2007-018 with Derrico Construction Corporation for $127,869.28.

ATTACHMENTS:

I. Estimated Cost for Labor and Materials 2. Work Authorization No. 2007-018 for Derrico Construction Corporation

ACCOUNT NUMBER ACCOUNT NAME AMOUNT 47123536-044699- MISC. SEWER FUND $229,972.15

APPROVED FOR AGENDA:

Indian River Co.

Administrator

FOR tlc:t#u! f{d'v'tlti Date

F:\Utilities\UTILITY- ENGJNEERING\Projects- Utility Construction Permits\IRC- 24-inch Force Main Replacement at In-Line Pump Station UCP #3096\AA- AGENDA- W.O.# September 16, 2008.doc

258

1'..)

c.n c.o

Indian River County Department of Utilities

COST ESTIMATE and CONTRACTOR'S BID ITEM LIST

Project: IRC- 24" Force Main replacement at In· Line Pump Station at 1550 Oslo Road

De.~eription: UCP #3096, WIP #

uarc: f\U usr -~'" .l'llllll

LABOR COSTS MATERIAL COSTS

Bid Bid Item Estimated Unit of Labor Unit Total Labor Material Unit Total Material

Item No. Dcscri tion I Ouant! Measure Price Price Price Price

63 Mobilization, Demobilization. Maintenance of Traffic I 7% 8,365.28 8,365.28 ,/

JOe Remove and Diso se of24" Pi at Landfill 750 LF 33.00 24,750.00 .' SUlO $750.00 v 14c lnsta1112" SS Wet Tap Assembly w/12" GV&Band Tap Main I EA 1,100.00 1.100.001 1/ $3,919.82 $3.919.82 V

14e Install 18" SS Wet Tao Assembly w/18" GV&B and Tao Main I EA 1,300.00 IJOO.OO / $16.200.78 $16.200.78 V

15e lnslall and Remove Line Sto on 12" Main. Include.~ Restrain in Exist Main (!fNecded) I EA 8,500.00 8,500.00 v' $2.158.75 $2.158.75 v'

15h Install and Remove line Sto on 18" Main, lnclvde.s Restrain in Exist Main If Needed I EA 16,375.00 16,375.00 •/ $3.375.00 $3,375.00 ./

29j lnsta\120" PVC Force Main 700 lF $27.00 $18,900.00 ,t $45.58 $J 1,906.00 '

17h lnsta1!20"GV&B I EA $800.00 $800,00 '/ $12861.52 $12,861.52 /

41 Core Dri11 Wet Well 1 EA 600.00 $600.00 •

07 Install MJRDI Firtin 4.0 TONS $1,665.00 $6,660.00 ,j $3,500.00 $14,000.00 /

07a RcmovalofFittln~satStatlon 2.0 TONS $832.00 $1,664.01} J

22 Potholes 4 EA $220.00 $880.00 v/

51a lnst~IIAsphaltioConcrete 50 SY SIOO.OO $5,000.00 V $15.00 $750.00

Sib Remove, Dis ose of and reolaoe Rock Base 50 SY $75.00 $3,750.00 t/ $12.00 $600.00 V

Sic Remove, Dis seohndRe laceStabllizedSu •rade 50 SY S75.00 $1,750.00 ./ $10.00 $500.00 ,.

52a Remove. Dis ose ofand re lace Concrete Curb&. Gutter 100 LF $30.00 $3,000.00 ,/ $15.00 Sl.SOO.I}O

55 lnst~ll Concrete Sidewalk 1,000 SF $4.50 $4,500.00 V $3.00 $3,000.00 \,.

59a Sod and topsoil 800 lF $2.1}0 $1,600.1}0 / $2.50 $2,000.00 v

50 Paint Acrlnl Pi e IS LF $80.00 $1,200.00 / $15.00 $225.00 v

56 TreenndStnm Removal SJ IN $25.00 $1,325.00 ../ $2.00 5106.00 ./

57 Clear and Grub JOt} lF $1.00 $300.00 1(

58 l<>ad and Hnul Debris 50 CY $40.00 $2,000.00 J $35.00 $!,750.00 "

61 o Well Poinlln~ I lS $1,300.00 $1JOO.OO ·/ $3.000.00 S3.000.00 ,/

61 b WcllPolntin -Additionla 175 EA $30.00 $5,250.00 ,,. $20.00 $3.500.00 v 62 Survey & As-built I LS $5,000.00 $5.000.00 /

Subtotal Subtotal SewerS stem Labor $119.504.UO V Subtotal Subtotal Sewers stem Lobor, Mob., Demob .. MDT $127,869.28 ,/

Total LnborCo~t 127,869.28 V TotaiMntcri~ICosts $102,102.87 V

T()TALPROJECTCOST $229.972.15 1/

Attachment 1

WORK AUTHORIZATION DIRECTIVE No. 2007-018

24" FORCE MAIN REPLACEMENT ON 15™ AVE. OSLO RD. TOPS #89

DATE OF ISSUANCE: Oct 2008 EFFECTIVE DATE: Oct 2008

OWNER: Indian River County CONTRACTOR: DERRICO CONSTRUCTION CORP.

CONTRACT: WATER, SEWER AND RECLAIM WATER LINE REPLACEMENT I EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT. BID NO. 2007026. February 6.2007

PROJECT: 24" Force Main Replacement on 15"' Ave. to In-Line Pump Station COUNTY UTILITY PROJECT NO.: UCP #3096 CONTRACTOR'S PROJECT NO.: N/A COUNTY W.I.P. No. 471

You are directed to proceed promptly with the following work:

Description: Replace about 700 feet of24" force main on 15"' Avenue from Oslo Rd. toPS #89 and 24" piping on InLine PS intake side

Method of determining Contract Price: 1R1 Unit Prices: Bid Items as established pursuant to Bid No 2007026, and awarded by the Board of

County Commissioners on February 6, 2007 to Derrico Construction Corp. 0 Lump Sum 0 Cost of the Work

The Cost of Labor, Contingency and Contract Time is summarized below:

Estimated Labor Cost -

Total Estimated Labor Costs =

ACCEPTED:

By: --slJ ~~_J Derrico Construction Corp.

Date: _Cf-'-'/t...:t.:::.~.L~=-D·:...f __ _

$127,869.28 Estimated Contract Time: 60 days

$127,869.28

RECOMMENDED:

Bw~ Date:

APPROVED:

By:--:--,----::--.,----Sandra L. Bowden, Chairman, BCC

Date: _______ _

Attachment 2

C:\Documents and SettingsVolm.DERRJCOCONSTRUC\Local Seuings\Temporary Internet Files\OLK6\AA- Work Authorization No 2007-018 Attachment 2.doc9

260

DATE:

TO:

FROM:

SUBJECT:

Background:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

AGENDA ITEM

SEPTEMBER 29, 2008

JOSEPH A. BAIRD,\:.~~U~TY~~~TOR

W. ERIK OLSON, Dl~o( DF U:;:-;-LITY SERVICES

REQUEST CLARIFICATION AND DIRECTION FOR SERVING UTILITIES AND SOLID WASTE TO THE CITY OF FELLSMERE

Currently, the City of Fellsmere receives wastewater service from the Indian River County Utility system. These wastewater services are governed by an lnterlocal Agreement between the City and the County dated June 22, 1999. The Wastewater infrastructure within the City is owned and maintained by the City. Water service is provided by the City of Fellsmere. Currently, an emergency water service agreement dated October 24, 2000, between the City of Fellsmere and the County outlines the ability for the County to provide emergency water services to the City.

Recently, the Utility staff met with representatives of Ro - Ed (Ansin) Development regarding the possibility of receiving County water and sewer service. At this meeting, they provided a letter from Jason Nunemaker, City Manager of Fellsmere, dated June 5, 2008, agreeing for the Developer to explore opportunities of receiving water and wastewater services from the County regional utility system.

Last August 22, 2008, the Indian River County Utilities Department received information from Carter & Associates, the engineering firm representing Ro - Ed that the Fellsmere City Council held their first reading for recommending approval of the Comprehensive Plan Amendment for Ansin I Ro - Ed east of 1-95 to be forwarded to DCA. In addition, as with the Ansin Pine Grove parcel lying west of 1-95, this latest Amendment recommends public utility services be provided by Indian River County.

261

Analysis:

One of the uncertainties with long term water supply planning is developing a coordinated supply plan of surrounding Counties and Municipalities. Such planning requires an understanding of population and demand projections. Integrated water systems may offer a more cohesive opportunity for coordinated planning with the various regulatory agencies. A coordinated long term water supply with the City may offer greater benefits than if the City were to plan for water supply on an independent basis.

Recommendation:

Staff requests direction regarding whether to proceed with negotiating with the City of Fellsmere for the provision of water and sewer service to the City by Indian River County.

FOR ~ 1 ;;(tHJf' ' Date

Indian River Co.

Administration

Utilities

Budget

Legal

262

ATTORNEY'S MATTERS: 10/07/08 BCC AGENDA J3A Ojfo:eof INDIAN RIVER COUNTY

ATTORNEY

William G. OJllins II, OJunty Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Sepior Assistant OJunty Attorney George A Glenn, Assistant OJunty Attorney

MEMORANDUM

TO: The Board of County Commissioners

FROM: ~William G. Collins II- County Attorney


SUBJECT: Oculina Bank Request to Compromise Lien

In February of 2008, Indian River County was named a defendant (among 18) in a foreclosure suit against Lot 13 of Surfside Estates (Barton property).

I filed a Motion to Dismiss for Failure to Join an Indispensable Party, City First Mortgage Corp., who filed a mortgage foreclosure against the Barton property in 2003 and received a final judgment in May of 2006 which it appealed to the Fourth District Court of Appeal.

Oculina attempted to intervene in that suit. The Fourth District Court of Appeal denied the request at the appellate level, with leave to seek trial court relief. Oculina may intervene in the City First case or separately foreclose its "equitable mortgage" of $600,000 which arose on May 20, 2004.

Indian River County holds a code enforcement lien of $253,000 that was recorded September 15, 1998.

Oculina has proposed avoiding litigation by admitting priority of the County lien as to $25,000 and paying the County first out of the proceeds of their foreclosure action, in exchange for the County allowing foreclosure of the $228,000 balance of its lien. If Oculina were unsuccessful in their foreclosure, the County would get nothing, but would be free to assert its pre-settlement lien in the full amount of $253,000. lndlan Rivff Co. A~~~d Da\~

APPROVED-FOR.._ /0 '7-08 6,C,C. MEETINy_- ,R~GJ,A..~ AGENOA =====-~~~

f'V\llt\.ITV A "T"T...,...,.o. ·-u 1

Admin.

Legal Budget Dep\. Risk Mgr.

~ IY) /oh/oi &...l iC"- /.,.;,.?"/~

-· -· -· .-

- - 263

I have told Oculina's attorney I do not support such a settlement, and he asked that I see what amount the Board of County Commissioners would consider accepting.

Meanwhile, the Fourth District Court of Appeal has upheld City First's appeal of the $900,000 judgment in its favor and found the trial court erred in awarding Barton $312,009.46 in damages, and in not awarding interest to City First. City First could on remand receive an amount several hundred thousand in excess of hurricane insurance proceeds so foreclosure is likely. The trial court has yet to hear evidence or rule on the priority of the County's code enforcement lien, which pre-dates the City First mortgage by five years.

RECOMMENDATION:

1. Reject Oculina's contingent offer of $25,000.

2. Advise if you would accept some higher contingent offer. (I would not.)

WGC/nhm Attachment: letter from attorney for Oculina Bank

2

264

Lowndes Drosdick Dosterr~ Kantor~ Reed,P.A.

215NORTHEOLADR1VE ORLANDO, FLORIDA 32801

450 SOUTH ORANGE A VENUE, SUlTE 250 ORLANDO, FLO:iqDA 32801

POST OFFICE BOX 2809, ORLANDO, FLORIDA 32802-2809 TEL.: 407-843-4600! FAX.: 407-843-4444

www.Jowndes-law.com

DAVID E. PETERSON

Direct Dial: 407-418-6306 South Orange Avenue Office

[email protected] A T T 0 R N E Y S A T LAW

.......... iii MERIT AS LAW FIRMS WORLDWIDE

William G. Collins II County Attorney 1801 271

h Street V ero Beach, Florida 32960

March 19,2008

Re: Oculina Bank v. Lewis Barton, et. a!.; Case No. 2008-0207-CA-09

Dear Mr. Collins:

·.--'-

Our law firm represents the Plaintiff in the above-styled litigation, in which it seeks to foreclose a mortgage and equitable lien upon property owned by Lewis Barton. As you know, Indian River County (the "County'') has filed code enforcement liens which purport to encumber the realty. We have joined the County into the foreclosure to eliminate any interest that the County may have in the property through the foreclosure process.

As you and I discussed by phone recently, there will likely be a dispute between us concerning whether, and if so, when the liens attached to the realty in light of the Florida statute which provides that code enforcement iiens do not attach to the homestead of a pwperty owner. You noted that til.ere may be a dispute as to whether the property was Mr. Barton's homestead during the relevant period oftime.

In order to avoid the expense of litigating this issue, the owner of the mortgage is prepared to offer a settlement to the County. The Plaintiff will agree that the County has a code enforcement lien which is prior to the lien of the Plaintiff in the amount of$25,000. This determination will be set forth in the Final Judgment of Foreclosure in favor of Plaintiff, or its successors, and all other interests of the County in the property, if any, will be foreclosed and eliminated upon completion of the foreclosure. The County will also withdraw its pending motion to dismiss and stipulate to a Final Judgment of Foreclosure in favor of Plaintiff, or its successors, provided that it includes language relating to the County's lien, as described above. In the event that the court or Plaintiff for any reason ultimately disposes of the foreclosure action through a final dismissal of the action, or the foreclosure is for some other reason not completed, then the settlement will be a nullity, and the County's rights will revert to those which the County had before entering into the settlement.

265

March 19,2008 Page2

Please advise whether this settlement proposal is acceptable. Thanks for your assistance.

DEP

266

/36 Office if 10 I 07 I 08 Attorney's Matters

INDIAN RIVER COUNTY ATTORNEY

William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George A. Glenn, Assistant County Attorney

MEMORANDUM


FROM:

tV(_. William G. Collins II, County Attorney rl [~ William K. DeBraal, Deputy County Attorney \}.1

THROUGH:

DATE:

SUBJECT:

September 19, 2008

Developer Agreement with Indian River Federal Credit Union and Elwill Associates, Inc.

Elwill Associates, Inc. has submitted a site plan application for construction of two commercial buildings on the north side of Oslo Road west of 2th Avenue. One building will be 2,590 square feet and be used as the Indian River Federal Credit Union's Oslo Road Branch. The other building will be 16,660 square feet and be used for retail purposes.

The County will purchase approximately 2 acres of land on th Street SW to the north of the subject parcel to be used as a stormwater retention pond for the expansion of Oslo Road. Please see Exhibit A for a sketch of the properties. In order to have the stormwater runoff from Oslo Road reach the pond, a 15 foot drainage easement is needed from the Credit Union and Elwill. The easement will be used as a landscape buffer by the parties and if the pipe beneath the buffer needs repair, the County agrees to replace any landscaping lost as a result of the repair. The County will also receive a 15 foot temporary construction easement from the Credit Union and Elwill for installation of the pipe. All parties agree to coordinate their construction schedules so no party is delayed by the other.

In exchange for granting the drainage easement, the County will give the soil excavated from the pond to the Credit Union and Elwill for use during their construction projects. The County does not need the fill for Oslo Road construction.

Recommendation: Staff recommends the Board approve the attached Developer's Agreement.

ladia1 River Co. Appr~ Date

Please contact our office with any questions. A.drain. 1:1S-l /IJ/1/P?

APPROVED FOR- \D •l •tl ~ ~ B.C.C. M~ R~y~~r ..... .-. , .. ,...-v "TTI\D/'dC'V

Co. Ally. kU( - ~/(' /.P" Budget ... !C,' SOl< 13 Dept. c '11251 u: Ris!<_~g.!:_ ___ li./ - ---7

DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER FEDERAL CREDIT UNION

,, AND ELWILLASSOCIATES, INC.

AND INDIAN RIVER COUNTY, FLORIDA

THIS AGREEMENT, entered this day of 2008, by and

between, and INDIAN RIVER FEDERAL CREDIT UNION, a not-for-profit financial

cooperative, 2800 20th Street, Vero Beach, FL 32960 hereafter referred to as Credit Union; and

ELWILL ASSOCIATES, INC., a Florida corporation, 319 Monroe Drive, West Palm Beach, FL

33405, hereafter referred to as Elwill; and INDIAN RIVER COUNTY, FLORIDA, a political

S1,1bdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960, hereafter

referred to as COUNTY.

WITNESSETH

WHEREAS, the Credit Union has applied to develop a financial building to be known as

the Indian River Federal Credit Union, ronsisting of ?j?pt:;o squzre feet (the "Project") IndianlUk.Q ,, River County Project No. 200604025, to be built on the north side of Oslo Road west of 27th

Avenue, Indian River County; and

_WHEREAS, in the same application Elwill has applied to develop a retail project I & '-""o

consisting of 6?f.k ,,,., • square feet on a parcel of property directly to the north of the Credit vka.

Union property; and

WHEREAS, the County is under contract to purchase a parcel of property north of the

Elwill and Credit Union properties that will serve as a stormwater retention pond for the planned

improvements and widening of Oslo Road. This Agreement will be an exhibit to the Contract

for Sale and Purchase. A sketch and legal description of the properties is attached to this

agreement as Exhibit A; and

WHEREAS, the County, the Credit Union and Elwill (collectively, the Parties) share

mutual concerns with respect to improvements to Oslo Road; and

WHEREAS, in order to have the stonnwater runoff from Oslo Road to reach the

retention pond, the County needs a drainage easement across the Credit Union and Elwill

parcels; and

1 268

WHEREAS, the County, the Credit Union and Elwill can mutually benefit each other

through a joint effort or coordination, accomodation and cooperation.

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,

covenants and premises hereinafter, the Parties agree as follows:

1) The above recitals are affirmed as being true and correct and are thereby incorporated

herein.

2) To accommodate treatment of stormwater runoff, the County will plan, engineer, permit

and construct a stormwater retention pond of sufficient size to treat runoff from the

widening of Oslo Road. The location of the pond will be directly north of the Elwill

3)

property as shown on Exhibit B attached. /':J[]_ In exchange for approximately 6,500 cubic yards ORe half of the material excavated fro~ the County's pond site, (fill) the Credit Union will convey to the County a perpetual

fifteen (15) foot drainage easement along the westermnost border of the Credit U~o~~

property. In exchange for approximately 10,000 cubic yards oRe half of the ma~

excavated from the County's pond site, (fill), Elwill will convey to the County a

perpetual fifteen (1 S) foot drainage easement along the westermnost border of the Elwill

property. With respect to the drainage easement, the Parties further agree that:

a. The County will permit the Credit Union and Elwill to use the property subject to the drainage easement as part of the Credit Union's and Elwill's required landscape buffer areas.

b. The County will cause to be installed a 30 to 36 inch pipe approximately 6 to 8 feet deep in the drainage easement. Both the Credit Union and Elwill agree to convey to the County a 15 foot temporary construction easement directly east of the drainage easement in order for the installation of the drainage pipe. Credit Union and Elwill shall be entitled to a co of construction lans u on the' request.

c. In the event that the drainage pipe should need to be maintained, repaired or replaced requiring the removal of any landscaping, irrigation eqniprnent, walls or fencing installed in the drainage easement, the County will be responsible for replacement of same.

d. The Parties agree to supply each other's engineers with any needed drawings, surveys, sketches or legal descriptions necessary for construction of the drainage facilities.

e. The County will place the excavated material from the pond site onto the Credit Union and Elwill sites at l.ocations directed by the owners but in compliance wi~ tree protection and land development ethef ordinance requirements. All parti~ agree that the County is only responsible for placing and spreading the excavated ' material on the Eiwili and Credit Union sites and is not responsible for grading or

2 269

compacting the material after it is placed on the sites. The County makes no warranty or guarantee that the excavated material is suitable to be used as construction grade fill material. Credit Uuion and Elwill shall have the right to test/review material to be excavated as to its suitability and refuse such material if deemed unsuitable. Credit Union and Elwill shall be responsible for such testin~. • Credit Union and Elwill may employ a surveyor/engineer to oversee the , placement and spreading of the excavated material up to approximate elevation ' 24.0. Following completion of the placement offi.lL Credit Union and Elwill shall comply with any St. Johns River Water management District Requirements for erosion control.

4) The COUNTY shall be responsible for the construction of the retention pond, installation

of pipes and Oslo Road widening and improvements including advertisement for bids,

contractor selection and construction inspection.

5) The Parties agree to use their best efforts to coordinate the planning, design, engineering,

permitting and construction of the pond and spreading of the excavated material. Each

Party shall obtain any permits necessary for their own properties and projects. The

Parties also agree to use their best efforts to accommodate the timing of each other's

projects with respect to construction of the pond and spreading the excavated fill

material. The Project site may be cleared by the Parties and the County may begin

placing fill on the Project site prior to site plan release so long as the County has

approved the storrnwater plans for the Project and the County has received a notice of

''No Objection" from the St. John's River Water Management District concerning the

storrnwater plans.

6) In the event of any litigation arising out of this Agreement, each party shall bear its own

attorney fees and costs.

7) No amendment, modification, change, or alteration of this Agreement shall be valid or

binding unless accomplished in writing and executed by all of the parties hereto.

8) This Agreement shall be binding upon and inure to the benefit of the parties hereto and

their successors, and assigns.

9) This Agreement contains the entire agreement and understanding between the parties.

No representation, statement, recital, undertaking, or promise not specifically set forth

herein shall be binding on any party hereto.

10) This Agreement and all matters arising hereunder shall be governed by and construed in

accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian

3 270

River County, Florida.

11) Tbis Agreement shall be deemed prepared jointly by each of the parties hereto and shall

be construed on parity as between the parties. There shall be no canon of construction for

or against any party by reason of the physical preparation of this Agreement.

12) The Parties shall grant such further assurances and provide such additional documents as

may be required by one another from time to time, and cooperate fully with one another

in order to carry out the terms and conditions hereof and comply with the express

intention of this Agreement.

13) Failure to insist upon strict compliance with any of the terms, covenants, or conditions

herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any

waiver or relinquishment of any right or power hereunder at any one time or times be

deemed a waiver or relinquishment of such right or power at any other time or times.

14) All words, terms, and conditions contained herein are to be read in concert, each with the

other, and a provision contained under one paragraph may be considered to be equally

applicable under another in the interpretation of this Agreement.

15) In the event any term, condition, or clause of this Agreement is declared to be illegal or

unenforceable by a court of competent jurisdiction, such declaration of illegality or

unenforceability shall not affect or alter the legality or enforceability of any remaining

term, condition, or clause hereof, provided of the parties, as set forth in this Agreement.

4 271

IN WITNESS WHEREOF the COUNTY and DEVELOPER bas caused these presents to be executed in their names, the day and year first above written.

:~·we Timothy Slater, Presid'ent

WITNESS:~ 7

WITNESS: ______ _


INDIAN RIVER FEDERAL CREDIT UNION, a not-for-profit financial cooperative

BY: ______________ ~---------William. H. Garrett, President/CEO

WITNESS: -----------------

WITNESS: _________ _ (Corporate seal is acceptable in place of witnesses)

5


BY::--::-::---:---:::-:---Sandra L. Bowden, Chairman

BCC Approved: ___________ _

Approved:

J e:ffrey K. Barton, Clerk of Court

Attest: __________ _ BY:. ___________ _,Deputy Clerk

Approved as to form and legal sufficiency

;t(I/L·Jb_ &I William K. DeBraal Deputy County Attorney

--- ~

liDlllmlsiBDltl L@) lhmcie> ('!f~ C01!IDY IIRoliiiO'l lA.· r)s,.(J_ lllsK Jllllla<elltem -l'mll:lloiiiS q-J'

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272

IN WTI'NESS W.HEREOFthe COUNTY and DEVELOPER has ca;used these presents to be executed in their names, the eiay a11d year first above wrHien.

ELWILL ASSOCIATES, INC.

BY: ---:--=-----:::--~---

Timothy Slater,,President

WITNESS:-------

WITNESS: ___ _ (C<lrporate seal is acc.cptable in place of witnesses)

INI'HAN RIVER FEDERAL CREDIT UNION, a not, for-profit fina11tial cooperative

5


BY: ::--~-~-~--=-----

Sandra,L. Bowden, Chairman

BCC Apptoved: _______ _

Approved:

Attest: BY :,_-::_-::_-::_-::_-::_-::_-::_-::_-_:_-::__-_-_~-,-=D:-:-e-pu,ty Clel'k

Approved as to form and legal s'1fficiency

IJtl££. ;Q/)/J William K. DeBraal Deputy Comity Attorney

lndian_Rivcr county

Administration

Budget

C0ui1tv Attorney

Risk Management

Public-Works

T raffle Engineerin •

Commuriily Development

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Date

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TO:

DATE:

SUBJECT:

FROM:

October 7, 2008 ITEM 14.8.1


INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

September 24, 2008

Draft Letter To Owners to Gauge Interest in an MSBU for Road Improvements

Wesley S. Davis /0J Commissioner, District ~

Please see the attached Memorandum dated August 6, 2008 from County Attorney Will Collins as explanation to the draft letter to Owners to Gauge Interest in an MSBU for Road Improvements to 87th Street between C.R. 512 and 1461

h Avenue {also attached).

I ask the Board to review this draft letter for conceptual approval to send same to Property Owners of 87th Street.

WSD/mlp

Attachments: 1 - Memorandum from County Attorney Will Collins; and 2 - Draft letter to property owners

F:IBCC\Agenda ltems\2008\Davis -draft ltr to Ownersre Interest in MSBU for Rd Improvement to 87th St. doc 276

q]ia;cf INDIAN RIVER COUNTY

ATTORNEY


MEMORANDUM

TO: Commissioner Wesley S. Davis

FROM: ~Jiiam G. Collins II- County Attorney

DATE: August 6, 2008

SUBJECT: 871h Street- Draft Letter to Owners to Gauge Interest in an

MSBU for Road Improvement

Attached is a letter which you requested to bring to the Board of County Commissioners for conceptual approval of the approach.

Outstanding issues include the St. Johns River Water Management District operating permit, and what would be involved in transferring the permit to the County.

WGC/nhm attachment

cc: James W. Davis, P.E. -Public Works Director

277

Dear __________ __

County records list you as the owner of property on 87th Street between C.R. 512 and 146th Avenue (Tax Parcel I.D. No. ). One of your neighbors, Mr. Scannell, has requested County maintenance of this road. County policy is to improve roads serving more than 40 acres, after donation of needed right-of-way, .through creation of Municipal Service Benefit Units (MSBUs). An assessment would appear and be collected on your tax bill to improve 8th Street beginning in 2010 at the earliest.

This letter is to gauge your interest in such an approach to improving 87th Street. Currently you and your neighbors on 8th Street are solely responsible for repair and maintenance of 87th Street under the terms of a "Declaration of Covenants, Restrictions and Obligations for Roadway Maintenance" recorded December 17, 2003 at O.R. Book 1672, Page 2260, Public Records of Indian River County. The same document grants you an easement for ingress, egress and access across 87th Street.

Please advise whether:

1. You are willing to assign your easement interest in 87th Street to Indian River County. This would create sufficient public rights in 87th Street to allow the expenditure of public funds on the maintenance and eventual improvement of 87th Street.

2. You support creation of an MSBU to collect assessments for the improvement of 8th Street.

Contact ___________ at (772) 226·--,...--

Yours truly,

278

TO:

DATE:

SUBJECT:

FROM:

OCTOBER 7, 2008 ITEM 14.8.2


INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

September 29, 2008

Marriage Protection Amendment

Commissioner Wesley S. Davis, District 1 ~ I would like to request that the Board authorize the County Attorney to draft a Resolution of support for the Marriage Protection Amendment (also referred to as the Federal Marriage Amendment).

Attachment: Informational backup generating request.

WSD:mlh

279

YES ON2 YES2MARRIAGE.ORG

Fact Sheet

Amendment 2 does one thing and one thing alone. Amendment 2 does one thing and one thing alone. It defines marriage as the union of one man and one woman, but it does not prohibit the government or private companies from extending benefits to whoever they wish. The Florida Supreme Court has ruled that Amendment 2 concerns the "single subject" of marriage and simply takes the existing state marriage law and places it into the constitution having similar effect. See, Opinion to the Attorney General, 926 So. 2d. 1229 (2006). Most amendments do something new. Amendment 2 does nothing new but simply protects something longstanding, something precious, and something beautiful.

Amendment 2 allows the people of Florida and not activist judges to decide how marriage is defined. In Massachusetts and now in California, activist judges have re-written marriage laws and ignored the will of the people by legalizing same sex marriages. There is a national movement to do this all over the country which is why 27 states have passed state constitutional amendment to protect marriage. In the next six months, four of the seven members of the Florida Supreme Court will be replaced by Governor Charlie Crist completely changing the make up of the Florida high Court. What happened in California could easily happen here in Florida over the next year. Amendment 2 protects the definition of marriage from activist judges.

Amendment 2 will not take away any existing rights or benefits from anyone. Amendment 2 does not take away any rights or benefits from Florida's domestic partnerships or any other shared living arrangement. Homosexuals already have full contract rights under Florida law and access to estate planning tools just as every other citizen. Amendment 2 does not affect these existing rights.

Amendment 2 protects our children. Amendment 2 protects our children from being taught in public schools that same-sex marriage is the same as natural marriage. If same sex marriage is legalized in Florida, public schools will be forced to teach your children and grandchildren that homosexual marriages are equal to marriages between a man and a woman. Since homosexual marriage was legalized in Massachusetts, public school teachers are now being forced to teach this very thing. NPR lnteNiew, Massachusetts Schools Weigh Gay Topics, September 13, 2004.

Amendment 2 gives children the best chance for both a mom and a dad. While we will always have death, divorce and other circumstances that may prevent the ideal, the best arrangement for children is to have both a married mother and a father. Single parents do the best job they can but a vast body of social science research clearly tells us that children are always happier, healthier and better adjusted when raised by a married mother and father.

Vote Yes on Amendment 2! November 4, 2008 Visit us online at: www.Yes2Marriage.org

pd pol ad, Florida4Marriage.org 4853 South Orange Avenue, Orlando, FL 32806 * 407-251-1957

280