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HomeMy WebLinkAboutAgenda Packet 08.03.202191�0 LUC�L� __ - - L11(1 a (D �acQoora� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, August 3, 2021 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair CHRIS DZADOVSKY District No. 2, Vice -Chair SEAN MITCHELL District No. 3 LINDA BARTZ District No. 4 FRANNIE HUTCHINSON District No. 5 CATHY TOWNSEND Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 246 Regular Meeting Tuesday, August 3, 2021 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 246 Regular Meeting Tuesday, August 3, 2021 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES There are no items scheduled. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-326 - Proclaiming August 1 through 7, 2021 "Farmers Market Week" in St. Lucie County, Florida - ADD ON 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 42 B. COUNTY ATTORNEY 1. Addendum to Contract for Sale and Purchase - Melville Road Phase 1 - All America Pools, Inc. - 20' of Right -of -Way - Parcel ID 3403-343-0002-000-4 Staff recommends the Board approve the Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. 2. Addendum to Contract for Sale and Purchase - Melville Road Phase 1- Pamela Groothouse - 20' of Right -of -Way - Parcel ID 3403-343-0003-000-1 31Page Page 3 of 246 Regular Meeting Tuesday, August 3, 2021 6:00 PM Staff recommends the Board approve the Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. 3. Interlocal Agreement - St. Lucie County MRO Hangar Staff recommends the Board approve the Interlocal Agreement and authorize the Chair to sign the agreement as prepared by the County Attorney. 4. Requesting a Budget Amendment to Transfer $95,000.00 from the County's Contingency Account to the County Attorney's Professional Services Account Staff recommends that the Board approve the transfer of $95,000.00 from Contingency to Professional Services as requested. C. PARKS & RECREATION Save the Chimps - Fairgrounds Rental Fee Waiver $431.25 Staff recommends approving Save the Chimps request for a waiver of fees for the Midway Area in the amount of $431.25. 2. St. Lucie County Farm Bureau- Fairgrounds Rental Fee Waiver of $802.50 Staff recommends approving the St. Lucie County Farm Bureau's request for a waiver of fees for Adams Arena in the amount of $802.50. 3. Blind Creek Beach Restroom and Parking Lot Work Authorization (Design & Construction Management) - $109,000.00 Staff recommends board approval of Work Authorization #1 for Captec Engineering on Contract #: C19-08-751 in the amount of $109,000.00 and authorize the Chair to sign the documents as approved by the County Attorney. 4. Board approval to "Piggyback" Lake County Contract #16-0214 to purchase a Pre -Cast Volusia 6 Stall Restroom per proposal KT-2021-077 from Leesburg Concrete Company for Blind Creek Beach in the amount of $123,450.00 Staff recommends Board approval to "piggyback" Lake County Contract #16-0214 to purchase 41 PagE Page 4 of 246 Regular Meeting Tuesday, August 3, 2021 6:00 PM a pre -cast Volusia 6 Stall Restroom per proposal KT-2021-077 (attached) from Leesburg Concrete Company for Blind Creek Beach in the amount of $123,450.00 from Park Impact Fees, as outlined in this agenda memorandum and authorize the Chair to sign the documents as approved by the County Attorney. 5. Peter W. Busch Family Foundation Wild Game Dinner Fee Waiver $1500.00 Staff recommends Board authorization to waive the $1500.00 for the rental fees of Adams Arena for the 2021 Peter W. Busch Family Foundation Wild Game Dinner to be held at the St. Lucie County Fairgrounds on October 8, 2021, as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. D. PUBLIC UTILITIES Approve CDM Smith Work Authorization 18 - St. Lucie County Public Utilities Facilities Plan and State Revolving Fund Loan Assistance - St. Lucie County Utilities (SLCU) desires to pursue State Revolving Fund (SRF) Loan money to finance septic removal at North Hutchinson Island. This project may be eligible for SRF grants and loan funding. A fast -track approach will be required to maximize the amount of funding the County will receive. It is SLCU's desire to include as much of the costs of the projects listed in the fundable portion of the SRF list as possible. Staff recommends the board approve CDM Smith Work Authorization 18. 2. Proposal to Increase Landfill Hours of Operation and Include 5 Additional Full Time Employees Increased hours will accommodate the growth of St. Lucie County and its enveloped municipalities and will require additional county staff. Extended hours will be for the current waste hauler only - hours to the public will remain the same. Staff recommends the board approve the proposed increase in landfill operating hours and the accompanying 5 FTEs to support the extended operational times. 01:1414Y11910I;F1 Culvert 2021-01 MSBU - Initial Assessment Resolution Staff recommends Board approval of Resolution No. 2021-318, the Culvert 2021-01 MSBU Initial Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 5 1 PagE Page 5 of 246 Regular Meeting Tuesday, August 3, 2021 6:00 PM Approval of a Facilities Use Agreement With Underwater Engineering Services, Inc.(UESI) Staff recommends Board approval of the FUA with UESI to stage limerock boulders and reef modules at Harbour Pointe Park until September 15 and authorization for the Chair to sign documents as approved by the County Attorney. F. SHERIFF'S OFFICE Authorization of Accept the 2021 Edward Byrne Memorial Justice Assistance Grant Staff recommends that the Board approve and authorize the acceptance of the 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) - Countywide (2021-JAGC-STLU-3-3B-025) in the amount of $26,627.00. 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. Friends I, LLC, filed a Text Amendment to the Land Development Code, Chapter VII, Development Design and Improvement Standards, Section 7.02.02.B. - Permitted Uses to allow Recreational Vehicle Parks (RVP) within commercial areas, subject to the requirements of Section 7.10.16 (SIC 7033) within the Planned Non -Residential Development (PNRD) Zoning District. Staff request Board authorization to schedule the second Public Hearing for the Land Development Code Text Amendment for Recreational Vehicle Parks, subject to the requirements of Section 7.10.16 (SIC 7033) in the Planned Non -Residential Development District on September 7, 2021, beginning at 6:00 pm or as soon thereafter as possible. 10. REGULAR AGENDA A. COUNTY ATTORNEY Blue Sky Landing - Approval of First Amendment to Amended and Restated Lease Agreement with Blue McNeil One, LLC, to extend term an additional thirty-four (34) years pursuant to Florida Housing Finance Corporation requirements - ITEM PULLED PRIOR TO MEETING CARES Act - Notice of Program Closeout - ADD ON 61Page Page 6 of 246 Regular Meeting Tuesday, August 3, 2021 6:00 PM Staff recommends that the Board approve the Notice of Program Closeout and authorize the Chair to sign the notice. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, August 10, 2021 at 9am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 17, 2021 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, August 17, 2021 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 71Page Page 7 of 246 EI IN N T 7 , T 60, -�!2 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 6.A. PROCLAMATIONS APPROVAL RES-2021-326 DATE: 8/3/2021 *RESOLUTION ITEM - PROCLAMATION Resolution No. 21-326 - Proclaiming August 1 through 7, 2021 "Farmers Market Week" in St. Lucie County, Florida - ADD ON It has been requested that this Board proclaim the week of August 1 through August 7, 2021 as "Farmers Market Week" in St. Lucie County, Florida. This resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: August 02, 2021 Daniel McIntyre, County Attorney Date: August 02, 2021 Mark Satterlee, Deputy County Administrator Page 8 of 246 RESOLUTION NO. 21-326 A RESOLUTION PROCLAIMING AUGUST 1-7, 2021, AS "FARMERS MARKET WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County farmers and ranchers provide citizens with access to healthful, locally, and regionally produced foods through farmers markets, which are expanding and evolving to accommodate the demand for a diverse array of agricultural products. 2. Farmers markets and other agricultural direct marketing outlets provide infrastructure to assist in the distribution of farm and value-added products, thereby contributing approximately $9 billion each year to the U.S. economy. 3. Farmers markets serve as significant outlets by which small -to -medium, new, and beginning, and veteran agricultural producers' market agricultural products, generating revenue that supports the sustainability of family farms and the revitalization of rural communities nationwide. 4. St. Lucie County recognizes the importance of expanding agricultural marketing opportunities that assist and encourage the next generation of farmers and ranchers; generate farm income to help stimulate business development and job creation; build community connections through rural and urban linkages; and much more. 5. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of August 1-7, 2021, as "FARMERS MARKET WEEK" in St. Lucie County, Florida and call this observance to the attention of our citizens. We encourage St. Lucie County residents to celebrate farmers markets with appropriate observance and activities. PASSED AND DULY ADOPTED this 3rd day of August 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM & CORRECTNESS: COUNTY ATTORNEY Page 9 of 246 07/16/21 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #42- 10-JUL-2021 TO 16-JUL-2021 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 693,927.58 0.00 001009 Gen -One Time Funding 6,596.60 0.00 001485 FDEM Emergency Preparedness Assista 633.24 0.00 001585 CSBG 2017 112.09 0.00 001615 HUD Continuum of Care Grant Agreeme 16,051.70 0.00 001616 HUD Continuum of Care Chronic 15,544.71 0.00 001617 Continuum of Care Family 14,258.00 0.00 001618 DHS Emerg. Mgmnt Performance 2,627.60 0.00 001620 NOAA NAAEE Watershed Ed. Grant 1,420.26 0.00 001621 HHS/FDEO CSBG FFY2020 1,849.50 0.00 001623 FHA Section 112/MPO/FHWA Planning 315.00 0.00 001625 Vounteer Florida Riverlution FY2021 1,500.00 0.00 001628 U.S Treasury Emer. Rent Assistance 33,055.12 0.00 001629 US Treasury ERA City of PSL 124,522.84 0.00 001834 TCERDA 5,882.47 0.00 001835 Artificial Reef Program 31.96 0.00 101 Transportation Trust Fund 28,089.60 0.00 101001 Transportation Trust Interlocals 86.84 0.00 102 Unincorporated Services Fund 33,980.06 0.00 102001 Drainage Maintenance MSTU 21,347.34 0.00 107 Fine & Forfeiture Fund 109,594.94 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 422.42 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 575.97 0.00 107006 F&F Fund -Court Related Technology 23,918.05 0.00 115 Sheraton Plaza Fund 572.70 0.00 129 Parks MSTU Fund 21,243.00 0.00 130 SLC Public Transit MSTU 198.96 0.00 140 Airport Fund 10,301.17 0.00 140001 Port Fund 238.79 0.00 160 Plan Maintenance RAD Fund 8.00 0.00 183 Ct Administrator-19th Judicial Cir 7,286.81 0.00 183001 Ct Administrator-Arbitration/Mediat 40.00 0.00 183006 Guardian Ad Litem Fund 263.13 0.00 187 Boating Improvement Projects 11,538.69 0.00 189117 HUD SLC HOME Consortium FY2020 34.98 0.00 190 Sports Complex Fund 22,881.89 0.00 191 SLC Sustainability District 12,353.09 0.00 194 S Hutch Beach Erosion MSTU Fund 1,847.00 0.00 310001 Impact Fees -Library 3,084.80 0.00 310002 Impact Fees -Parks 470.80 0.00 310007 Impact Fees -Library "B" 1,018.69 0.00 310008 Impact Fees -Parks "B" 1,520.00 0.00 319 Infrastructure Surtax Capital 285,124.17 0.00 363 Sports Complex Capital Project Fund 143.00 0.00 39017 Mura MSBU 61.00 0.00 401 Sanitary Landfill Fund 294,864.12 0.00 418 Golf Course Fund 10,075.98 0.00 471 Water & Sewer District Operations 264,022.15 0.00 95 Page 10 of 246 07/16/21 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #42- 10-JUL-2021 TO 16-JUL-2021 FUND SUMMARY FUND TITLE 478 Water & Sewer District R&R 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 630 Medical Examiner Agency Fund 801 Bank Fund EXPENSES 4,283.02 3,000.00 22,619.46 217,134.25 1,088.36 2,326.29 17,599.00 25,136.41 5,774.00 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GRAND TOTAL: 2,384,497.60 0.00 •m Page 11 of 246 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.B.1. 2021-52079 CONSENT AGENDA -COUNTY ATTORNEY DATE: 8/3/2021 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No Addendum to Contract for Sale and Purchase - Melville Road Phase 1 - All America Pools, Inc. - 20' of Right -of -Way - Parcel ID 3403-343-0002-000-4 On March 23, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from All America Pools, Inc. This right-of-way is needed for the Melville Road Phase 1 project. During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained. Community Land Title needs additional time to communicate with the mortgage company to obtain the release. PREVIOUS ACTION: On March 23, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from All America Pools, Inc. FINANCIAL IMPACT: N/A 13:14ralul► 14ZI17_l9[Q01 Staff recommends the Board approve the Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None Page 12 of 246 IEXCUSED: None I Coordination/Sienatures Date: July 23, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Mark Satterlee, Deputy County Administrator Page 13 of 246 Saint Lucie County Property Appraiser llffv I - _ -, -' I. � } r� ,. " � s�Mr�•^>� -�� T - r :�. ..rye;-. it LL jr �• r - ., �' ,� ' •'..,fir , —1. •_ fr- GOPHER,HILL RD 1 y ; `•" E°j July 15, 2021 1:1,128 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 14 of 246 FIRST ADDENDUM TO CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY This First Addendum is attached to and made a part of that certain Contract for Sale and Purchase for Real Property Acquisition dated March 23, 2021, by and between All America Pools, Inc. (hereinafter "Seller"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "Purchaser"). 1. Paragraph 10 states the closing shall be on or before July 30, 2021 2. The parties agree to extend the closing date to on or before September 30, 2021, so that Seller can obtain documents needed to convey to the County good, marketable, fee simple title clear of all liens and encumbrances to the property described in the Contract for Sale and Purchase for Real Property Acquisition. 3. In all other respects, the terms and conditions of the contract shall remain in full force and effect. EXECUTED BY SELLER this (J day of- v IV , 2021. BY: All Americ Pools, Inc. Title EXECUTED BY PURCHASER this day of 2021. ATTEST: Deputy Clerk ST. LUCIE COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Melville Road Stormwater\Four Parcels-1-31-20\Gray\First Addendum.dou Page 15 of 246 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager 8.D.14. 2021-51218 CONSENTAGENDA- COUNTY ATTORNEY DATE: 3/23/2021 *ACTION ITEM - CONTRACT SUBMITTED BY: Property Acquisition Division SUBJECT: Contract for Sale and Purchase - Melville Road Phase 1 - All America Pools, Inc. - 20' of Right -of -Way - Parcel ID 3403-343-0002-000-4 THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX St. Lucie County has designed a plan to improve this poorly drained area, including a large stormwater pond for treatment of runoff. Future phases include paving and drainage improvements for Melville Road to connect to the portion immediately south of Midway Road. However, the County lacks sufficient right-of-way to construct the improvements. St. Lucie County contacted four residents along Melville Road where 20' of additional right-of-way is needed to widen the road. All America Pools, Inc. responded as a willing seller. The County presented a Contract for Sale and Purchase to All America Pools, Inc. for $6,000.00, which is 100% of the appraised value of 20' of right-of-way that fronts Melville Road according to Deighan Consultants, the County's independent appraiser. Funds will be made available in: Infrastructure Surtax Capital Stormwater Management -Land -Melville Road Stormwater Phase 1 - 319-3725- 561000-193600. BACKGROUND: St. Lucie County has designed a plan to improve this poorly drained area, including a large stormwater pond for treatment of runoff. Future phases include paving and drainage improvements for Melville Road to connect to the portion immediately south of Midway Road. However, the County lacks sufficient right-of-way to construct the improvements. Page 16 of 246 St. Lucie County contacted four residents along Melville Road where 20' of additional right-of-way is needed to widen the road. All America Pools, Inc. responded as a willing seller. The County presented a Contract for Sale and Purchase to All America Pools, Inc. for $6,000.00, which is 100% of the appraised value of 20' of right-of-way that fronts Melville Road according to Deighan Consultants, the County's independent appraiser. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are currently available in Infrastructure Surtax Capital Stormwater Management -Land -Melville Road Stormwater Phase 1 - 319-3725-563000-193600, and will be transferred to the Land account 319-3725- 561000-193600. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from All America Pools, Inc., authorize the Chair to sign the contract, direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures Date: March 10, 2021 Jennifer Hill, Office of Management & Budget Director Date: March 10, 2021 Daniel McIntyre, County Attorney Page 17 of 246 Date: March 10, 2021 Mark Satterlee, Deputy County Administrator Page 18 of 246 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.B.2. 2021-52080 CONSENT AGENDA -COUNTY ATTORNEY DATE: 8/3/2021 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No Addendum to Contract for Sale and Purchase - Melville Road Phase 1 - Pamela Groothouse - 20' of Right -of -Way - Parcel ID 3403-343-0003-000-1 On April 20, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from Pamela Groothouse. This right-of-way is needed for the Melville Road Phase 1 project. During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained. The owner is not eligible for the mortgage to be released until January 2022. Community Land Title needs additional time to obtain the release. PREVIOUS ACTION: On April 20, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from Pamela Groothouse. FINANCIAL IMPACT: N/A 13:14ralul► 14ZI17_l9[Q01 Staff recommends the Board approve the Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None Page 19 of 246 IEXCUSED: None I Coordination/Sienatures Date: July 23, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Mark Satterlee, Deputy County Administrator Page 20 of 246 ',S CountySaint Lucie • •Appraiser k. LO ,V,V �. 40 I April 2, 2021 If 1:1,128 f 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 21 of 246 FIRST ADDENDUM TO CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY This First Addendum is attached to and made a part of that certain Contract for Sale and Purchase for Real Property Acquisition dated April 20, 2021, by and between Pamela M. Groothouse (hereinafter "Seller"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter'. i Purchaser"). 1. Paragraph 10 states the closing shall be on or before July 30, 2021 2. The parties agree to extend the closing date to on or before February 25, 2022, so that Seller can obtain documents needed to convey to the County good, marketable, fee simple title clear of all liens and encumbrances to the property described in the Contract for Sale and Purchase for Real Property Acquisition. 3. In all other respects, the terms and conditions of the contract shall remain in full force and effect. EXECUTED BY SELLER this / �]� day of 2021. Pamela M. Groothouse EXECUTED BY PURCHASER this day of 2021. ATTEST: Deputy Clerk �i A ST. LUCIE COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Melville Road Stormwater\Four Parcels-1-31-20\Groothhouse\First Addendum.docx Page 22 of 246 -,- "° [LUC�� AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager 8.C.8. 2021-51378 CONSENTAGENDA- COUNTY ATTORNEY DATE: 4/20/2021 *ACTION ITEM - CONTRACT SUBMITTED BY: Property Acquisition Division SUBJECT: Contract for Sale and Purchase - Melville Road Phase 1 - Pamela Groothouse - 20' of Right -of -Way - Parcel ID 3403-343-0003-000-1 THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX St. Lucie County has designed a plan to improve this poorly drained area, including a large stormwater pond for treatment of runoff. Future phases include paving and drainage improvements for Melville Road to connect to the portion immediately south of Midway Road. However, the County lacks sufficient right-of-way to construct the improvements. St. Lucie County contacted four residents along Melville Road where 20' of additional right-of-way is needed to widen the road. Pamela Groothouse responded as a willing seller. The County presented a Contract for Sale and Purchase to Pamela Groothouse for $12,000.00, which is 100% of the appraised value of 20' of right-of-way that fronts Melville Road according to Deighan Consultants, the County's independent appraiser. Funds will be made available in: Infrastructure Surtax Capital Stormwater Management -Land -Melville Road Stormwater Phase 1 - 319-3725- 561000-193600. BACKGROUND: St. Lucie County has designed a plan to improve this poorly drained area, including a large stormwater pond for treatment of runoff. Future phases include paving and drainage improvements for Melville Road to connect to the portion immediately south of Midway Road. However, the County lacks sufficient right-of-way to construct the improvements. Page 23 of 246 St. Lucie County contacted four residents along Melville Road where 20' of additional right-of-way is needed to widen the road. Pamela Groothouse responded as a willing seller. The County presented a Contract for Sale and Purchase to Pamela Groothouse for $12,000.00, which is 100% of the appraised value of 20' of right-of-way that fronts Melville Road according to Deighan Consultants, the County's independent appraiser. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are currently available in Infrastructure Surtax Capital Stormwater Management -Land -Melville Road Stormwater Phase 1 - 319-3725-563000-193600, and will be transferred to the Land account 319-3725- 561000-193600. Line to Line #2021-0272, 10394. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Pamela Groothouse, authorize the Chair to sign the contract, direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: Approve MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures Date: April 06, 2021 Katrina Slay, Agenda Coordinator { 4-`ZLT Date: April 08, 2021 JoAnn Riley, Property Acquisition Manager Page 24 of 246 Date: April 09, 2021 Jennifer Hill, Office of Management & Budget Director Date: April 12, 2021 Mark Satterlee, Deputy County Administrator Wi.? ' Date: April 09, 2021 Daniel McIntyre, County Attorney Page 25 of 246 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Assistant County Attorney III County Attorney 8.B.3. 2021-52175 CONSENT AGENDA -COUNTY ATTORNEY DATE: 8/3/2021 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No Interlocal Agreement - St. Lucie County MRO Hangar The Sheriff's Department has asked to use the MRO hangar for the storage of one of their helicopters, as the Sheriff's hangar will be under construction. They have requested to use the MRO hangar for August 8th and 9th PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Interlocal Agreement and authorize the Chair to sign the agreement as prepared by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 26 of 246 Date: July 26, 2021 Katherine Barbieri, Assistant County Attorney III Date: July 27, 2021 Stan Payne, Director of Air & Sea Port Date: July 27, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Mark Satterlee, Deputy County Administrator Page 27 of 246 INTERLOCAL AGREEMENT ST. LUCIE COUNTY MRO HANGAR THIS INTERLOCAL AGREEMENT made this day of , 2021, between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" and the ST. LUCIE COUNTY SHERIFF'S OFFICE, hereinafter referred to as "Sheriff". WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, and the Sheriff have made the following determinations: 1. Section 163.01, Florida Statutes, provides that local government units may cooperate by agreement to provide necessary and essential public services; and, 2. The purpose of Section 163.01, Florida Statutes, is to permit local government units to make the most efficient use of their powers by cooperating with other local government units for their mutual advantage; and, WHEREAS, the Sheriff desires to periodically use the St. Lucie County MRO Hangar (herein after referred to as "Hangar") for its helicopter(s) while its hangar is under construction; and, WHEREAS, the County and the Sheriff desire to enter into an Interlocal Agreement regarding such usage. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, (2020), the Florida Interlocal Cooperation Act. S:\ATTY\AGREEMENT\fNTERLOC\Sheriff-MROHangar Page 28 of 246 2. County Responsibilities. The County shall allow the Sheriff to use the MRO Hangar while the Sheriff's Hangar is under construction. 3. Sheriff Responsibilities. A. The Sheriff shall contact the Airport Manager to request usage of the Hangar. B. The Sheriff acknowledges this usage is only while its hangar is under construction and the County has not leased the hangar to another entity. C. The Sheriff will leave the premises in good condition. D. The Sheriff will repair any damages that occur during any period in which the Sheriff is in exclusive use or control of a hangar as permitted under this Agreement. 4. Term. The term of this Agreement shall begin August 1, 2021 and shall continue through and including termination as herein provided. Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. 5. Notice. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 S:\ATTY\AGREEMENT\fNTERLOC\Sheriff-MROHangar With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 2 Page 29 of 246 If to the Sheriff: If to the General Counsel: Ken Mascara Adam Fetterman St. Lucie County Sheriff St. Lucie County Sheriff 4700 West Midway Road 4700 West Midway Road Fort Pierce, Florida 34981-4825 Fort Pierce, FL 34981-4825 6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, property authorized, and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 7. Filing. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year signed. ATTEST: Deputy Clerk S:\ATTY\AGREEMENT\fNTERLOC\Sheriff-MROHangar BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA L."V Date: Chair 3 Page 30 of 246 APPROVED AS TO FORM AND CORRECTNESS: Avi County Attorney ST. LUCIE COUNTY SHERIFF WITNESSES: BY: Date: S:\ATTY\AGREEMENT\fNTERLOC\Sheriff-MROHangar Ken J. Mascara, Sheriff Page 31 of 246 TO: PRESENTED BY SUBMITTED BY: CIIRIFr7r- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 8.B.4. 2021-52182 CONSENT AGENDA -COUNTY ATTORNEY DATE: 8/3/2021 *ACTION ITEM - BUDGET AMENDMENT QUASI-JUDICIAL ITEM? No Requesting a Budget Amendment to Transfer $95,000.00 from the County's Contingency Account to the County Attorney's Professional Services Account Due to the increase of litigation this fiscal year, it is necessary to request an additional $95,000 to pay additional funds for litigation unanticipated at the time of budget preparation. 121119[91111reT4l161i,1 N/A FINANCIAL IMPACT: Contingency Account 001-9910-599100-910000 to County Attorney Professional Services Account 001-1410- 531000-140000 RECOMMENDATION: Staff recommends that the Board approve the transfer of $95,000.00 from Contingency to Professional Services as requested. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Page 32 of 246 Coordination/Signatures r Date: July 27, 2021 Jennifer Hill, Office of Management & Budget Director Date: July 28, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Howard Tipton, County Administrator Page 33 of 246 AGENDA REQUEST TO: Board of County Commissioners 8.C.1. 2021-52042 CONSENT AGENDA -PARKS & RECREATION DATE: 8/3/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No PRESENTED BY: Summer Ivey -Platt, Parks & Special Facilities Division Manager SUBMITTED BY: Parks & Recreation SUBJECT: Save the Chimps - Fairgrounds Rental Fee Waiver $431.25 BACKGROUND: Save the Chimps a local 501(C)3 organization, is planning a fundraising marathon named "Chimpathon" scheduled for September 26, 2021. The funds raised from the event will help the organization's mission of providing and building support for the permanent sanctuary for the lifelong care of chimpanzees rescued from research laboratories, entertainment, and the pet trade. Save the Chimps is requesting a fee waiver in the amount of $431.25. The organization has agreed to cover all other County fees in the amount of $650.00. PREVIOUS ACTION: The Board of County Commissioners previously waived fees for the Chimpathon event at the Fairgrounds on: • April 16, 2019 • April 3, 2018 • April 9, 2017 • April 17, 2016 • March 29, 2015 FINANCIAL IMPACT: The County will forego $431.25 of User Fees revenue under account ( #001-7215-347220-7420), if the waiver is approved. RECOMMENDATION: Staff recommends approving Save the Chimps request for a waiver of fees for the Midway Area in the amount of $431.25. Page 34 of 246 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 12, 2021 Matt Baum, Interim Parks & Recreation Director �r� Date: July 13, 2021 Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: July 13, 2021 Date: July 14, 2021 Page 35 of 246 Save March 17, 2021 Chicop S BOARD OF DIRECTORS Jon Stryker, Chair Matt Baum, Director of Parks and Recreation Parks, Recreation & Facilities Stephen Bennett, Vice Chair 2300 Virginia Avenue Mark O'Donnell, Treasurer Fort Pierce, FL 34982 Sarah Haney, Secretary Re: Waiver of Fees for Save the Chimps John Battista Tracey Lovitz Dear Mr. Baum, Janet McCartney Jason North Save the Chimps (STC) a 501(c)(3) non-profit organization will be the beneficiaries of a marathon aptly named the 7th Annual Chimpathon Chip Owen scheduled for September 26, 2021. Khadija Rejto Justin Stanwix We are kindly asking if the St. Lucie Fairgrounds will waive the Facility Use Tim Wu Fee that total $464.44 (please see attached Estimate of Fees). We are grateful for all the information and support provided to us by the ADVISORY COUNCIL fairground employees who have been nothing short of helpful! Doug Coward If you have any questions or concerns, please do not hesitate to contact our Robert L. Crippen, offices directly. Thank you for your time and consideration, Capt., USN, Ret. Jane Goodall, Ph.D. Woody Hayes, DVM Anjelica Huston Sara Halpert Gary Mastro Director of Marketing Mariana Tosca shalpert@savethechimps.org Brian Vassallo, Esq. Danielle Wilson CHIEF EXECUTIVE OFFICER Ana Paula Tavares FOUNDERS Carole Noon, Ph.D 1949-2009 Jon Stryker The mission of Save the Chimps is to provide sanctuary and exemplary care to chimpanzees in need. www.savethechimps.org • P.O. Box 12220 • Fort Pierce, FL 34979 • T: 772-429-0403 • F: 772-461-7147 Page 36 of 246 Exhibit "A" Contract and Reservation Fee Schedule VENUE: St_ Lucie County Fairgrounds Date: April 9, 2021 Event Date: September 26, 2021 Event Day: Sunday Event: 7th Annual Chimpathon 5K/10K Event Times: 7am-11am Set Up/Load In: 9/26/2021 4am-7am Contact Name: Jacob Davis Set Up/Load In Hours: 3 Southern Timing Break Down/Load Out: 11am-1pm Organization: Save the Chimps, Inc. Break Down/Load Out Hours: 2 Address: P.O. Box 12220 Total Event Hours: 9 Fort Pierce, FL 34979 Office Phone: Fax: Cell: 954-304-3241 E-mail Address: iacobCc7southerntimingfl.com Facility Use Fee Midway Area Equipment Use Fees Staff/Personnel (security not included) Event Supervisor (required) Event Support (2 custodians (g? 5 hours each) Other Fees Cleaning Fee Rate 1 day @ $575/day Fee $ 575.00 Sub -total $575.00 Deduct 25%Nonprofit Discount $143.75 Revised Sub -total $431.25 Sales Tax 7% TIE FACILITY FEES TOTAL WAIVED BY SLC BOCCE $431.25 Sales Tax 71/6 EQUIPMENT FEES TOTAL Hours Hourly Rate 10 Hours $26.00 $260.00 10 Hours $19.00 $190.00 STAFF FEES TOTAL $450.00 $200.00 OTHER FEES TOTAL $200.00 Security Deposit (refundable) SECURITY DEPOSIT TOTAL $0.00 TOTAL CONTRACT CHARGES WITH FEE WAIVER APPROVED $650.00 Due at Contract Signing $325.00 Remainder due on or before August 25 2021 $325.00 Preparer's Initials TMV Lessee's Initials: 61 Does not include charges for County -required security or emergency medical personnel which are paid to others. All required documents must be submitted 30 days prior to event date. Additional charges may be incurred as a result of changes to the event. Additional charges will be incurred for events which exceed planned attendance and/or extend beyond hours reserved. See contract for details. 15 Updated, July 2018 Page 37 of 246 0000323 01/16/19 S FLORIDA Consumer's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes DR-14 R. 01 /18 I 85-8015045825C-7 03/31/2019 I 03/31/2024 I 501(C)(3) ORGANIZATION Certificate Number Effective Date Expiration Date Exemption Category This certifies that SAVE THE CHIMPS INC 16891 CAROLE NOON LN FORT PIERCE FL 34945-4603 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. FLORIDA 2 3. Important Information for Exempt Organizations DR-14 R. 01/18 You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization, 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. Page 38 of 246 2021 FOREIGN NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# F01000001970 Feb 09, 2021 Entity Name: SAVE THE CHIMPS, INC. Secretary of State 0887740751 CC Current Principal Place of Business: 16891 CAROLE NOON LN. FT. PIERCE, FL 34945 Current Mailing Address: PO BOX 12220 FT. PIERCE, FL 34979 FEI Number: 65-0789748 Certificate of Status Desired: No Name and Address of Current Registered Agent: O'DONNELL, MARK 16891 CAROLE NOON LANE FORT PIERCE, FL 34945 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: MARK O'DONNELL 02/09/2021 Electronic Signature of Registered Agent Date Officer/Director Detail Title CHAIRMAN Title DIRECTOR Name STRYKER,JON Name LOVITZ,TRACEY Address 16891 CAROLE NOON LANE Address 16891 CAROLE NOON LANE City -State -Zip: FORT PIERCE FL 34945 City -State -Zip: FORT PIERCE FL 34945 Title DIRECTOR Title DIRECTOR Name NORTH, JASON Name OWEN, ARTIE Address 16891 CAROLE NOON LANE Address 16891 CAROLE NOON LANE City -State -Zip: FORT PIERCE FL 34945 City -State -Zip: FORT PIERCE FL 34945 Title SECRETARY Title DIRECTOR Name HANEY, SARAH Name WU, TIMOTHY Address 16891 CAROLE NOON LN. Address 16891 CAROLE NOON LN. City -State -Zip: FT. PIERCE FL 34945 City -State -Zip: FT. PIERCE FL 34945 Title VC Title TREASURER Name BENNETT, STEPHEN Name O'DONNELL, MARK Address 16891 CAROLE NOON LANE Address 16891 CAROLE NOON LANE City -State -Zip: FORT PIERCE FL 34945 City -State -Zip: FORT PIERCE FL 34945 Continues on page 2 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARK O'DONNELL TREASURER 02/09/2021 Electronic Signature of Signing Officer/Director Detail Date Page 39 of 246 Officer/Director Detail Continued : Title DIRECTOR Title DIRECTOR Name BATTISTA III, JOHN Name MCCARTNEY, JANET Address 16891 CAROLE NOON LN. Address 16891 CAROLE NOON LN. City -State -Zip: FT. PIERCE FL 34945 City -State -Zip: FT. PIERCE FL 34945 Title DIRECTOR Title CEO Name STANWIX, JUSTIN Name TAVARES, ANA PAULA Address 16891 CAROLE NOON LANE Address 16891 CAROLE NOON LN. City -State -Zip: FORT PIERCE FL 34979 City -State -Zip: FT. PIERCE FL 34945 Title DIRECTOR Name RETO, KHADIJA Address 16891 CAROLE NOON LN. City -State -Zip: FT. PIERCE FL 34945 Page 40 of 246 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laura Cubbedge, Venue Coordinator SUBMITTED BY: Parks & Recreation 8.C.2. 2021-52046 CONSENT AGENDA -PARKS & RECREATION DATE: 8/3/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No SUBJECT: St. Lucie County Farm Bureau- Fairgrounds Rental Fee Waiver of $802.50 BACKGROUND: The St. Lucie County Farm Bureau is active in the St. Lucie County Agricultural community. Within the Farm Bureau is the Young Farmers and Ranchers group. They are dedicated to furthering agricultural education for the residents of St. Lucie County. The Young Farmers and Ranchers hold a youth prospect cattle show every year to fund their scholarship program. This year they would like to host their show at the St. Lucie County Fairgrounds on December 17-18, 2021, and they are requesting St. Lucie County waive the facility rental fees of $802.50 for Adams Arena. They have agreed to pay the fees for supplies, cleaning and staff in the amount of $897.00. A Facility Fee Waiver was granted to the St. Lucie County Farm Bureau for the Cattle Extravaganza event on December 19, 2020. FINANCIAL IMPACT: There will be a financial impact to the St. Lucie County Fairgrounds Tax Exempt User Fees (001-7215-347220- 7420) account in the amount of $802.50. RECOMMENDATION: Staff recommends approving the St. Lucie County Farm Bureau's request for a waiver of fees for Adams Arena in the amount of $802.50. COMMISSION ACTION: RESULT: MOVER: SECONDER: None Page 41 of 246 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 13, 2021 Matt Baum, Interim Parks & Recreation Director wi' Date: July 23, 2021 Daniel McIntyre, County Attorney Date: July 23, 2021 Alphonso Jefferson, Deputy County Administrator Page 42 of 246 ST. LUCIE COUNTY YOUNG FARMERS AND RANCI IERS To Whom It May Concern, March 25, 2021 I am Kyle Patterson, Chairman of the Young Farmers and Ranchers group for the St Lucie County Farm Bureau. I have requested to rent the Adams Arena at the Fairgrounds for a youth prospect cattle show. This show will be the annual fundraiser for the Young Farmers and Ranchers group. The proceeds for this event will be used to fund the scholarship program created by the Young Farmers and Ranchers to help farmers and ranchers 18-40 years old in St Lucie County. The applicants can request for the scholarship if they are planning to attend Trade School, a Certification Program or Furthering Agriculture Education. Examples include but not limited to, welding school, prescribed burning certificates, and pesticide CEU's. Currently St Lucie County Farm Bureau has a scholarship that helps students in their first year of college for agriculture students. This scholarship also has potential to help agriculture students in college after their first year of college. I am asking you to consider waiving the rental fees for the Adams Arena during this event. If you have any questions or would like to discuss any concerns with me please feel free to call me at 407-394-7413. Thank you i//� ye Patterson Page 43 of 246 Exhibit "A" Contract and Reservation Fee Schedule VENUE: St. Lucie County Fairgrounds Date: April 20. 2021 Event Date: Event: Cattle Extravaganza Event Day: Event Times: Set Up/Load In: Contact Name: Kyle Patterson Set Up/Load In Hours: Chairman Break Down/Load Out: 12/19/2021 Organization: St. Lucie Co Farm Bureau Break Down/Load Out Hours: 8am-12pm Address: 3327 Orange Ave Total Event Hours: 32 Fort Pierce, FI 34947 Office Phone: 772-465-0440 Fax: Cell: 407-394-7413 E-mail Address: 9ckinako7,damail com * es«waetwwtiryr,e�,►**,►y.w,k+r�t�+.*,t*�r�yr*rr�r*irrr,e�n�rarf.s�ryr,k*ww*,k,k*+ryr,�***,t��,t,k,a,trr,ttr,r,t«irsr�r,k,atw,ttww,tw,ti.,kw,a�r,t,tw,r.�i.. Facility Use Fee Adam's Arena (non ticketed event) Equipment Use Fees Horse Stalls RV Sites Staff/Personnel (security not included) Event Supervisor Event Support Other Fees Electric Cleaning Fee Preparer's Initials Bate 2 days (P $5001 Day December 17-18. 2021 Friday -Saturday lam-7pm 12/ 16/2021 8am -5pm Fee $1.000.00 Sub -total $1 000.00 Deduct 25 % Nonprofit Discount $250.00 Revised Sub -total $750.00 Sales Tax 7% $52.50 FACILITY FEES TOTAL`"Waived by SLC BOCC—I $802.50 $21.40/night $28.00/night I d' Sales Tax 7% EQUIPMENT FEES TOTALF_ 50.00 Hours Hourly Rate 12 Hours $26.00 $312.00 15 Hours $19.00 $285.00 STAFF FEES TOTAL $59T00 2 days ig$100/day $200.00 $10a 00 OTHER FEES TOTAL $300.00 SECURITY DEPOSIT TOTAL $0.00 TOTAL CHARGES $1,699.50 TOTAL CONTRACT CHARGES WITH FEE WAIVER APPROVED $897.00 Total Due $897.00 Lessee's Initials: r 1 Does not include charges for County -required security or emergency medical personnel which are paid to others. All required documents must be submitted 30 days prior to event date. Additional charges may be incurred as a result of changes to the event. Additional charges will be incurred for events which exceed planned attendance and/or extend beyond hours reserved. See contract for details. 15 Updated, July 2018 Page 44 of 246 U.S, TR=Y•SURY DEPARTMENT INTERNAL REVENUE SERVICE WASH It-4GTON.D•C• 20224 Florida t' a.rn Bureau Federation 4350 = .. 13th Street Gainesville, -rlorida IN REf'LV REFER TG T:LP:EO:R:1 JUL i 4 19U ,Gentlemen.: your request that you, the central We have considered orrom �ani�ation, be granted a group ruling under ;which your chartered subordinate Units �za ions described :entpinfsection Federal income tax as 5p1(c) (5) of the Internal '.'-evenuC Code of l95'+• Evidence submitted in support of your request shots that: 1. in a ruling dated iiarch 25, 1946, You were an held to be exe:,pt from Federal income t ofsths organization described in section 1G1(1) Internal Revenue Code of 1939. faa,, sectionof f er the Code corresponds to grog rulin"l- ) which you now request a group 2. In a ruling dated Juno 11, 1956, Orange County F axin Bureau, one of your subordinate 11-dts ;-ras held to be cxempt under section 501(0�0) of the 1954 Code. 3 • The subordinate units for ;whichtral ntion is requested are identical to the central all material respects in organization in se and character, purPosupervised by that and _re chartered and sup organization. Based upon the evidence submitted, it is now held that you and your subordinate units, ;,nose names appear on the list you recently submitted, a"e exempt from Federal inco;ne prior ru13s�;s of I,'iarch 25, ta:, under section 501(c)(5)• Our P 1946 and June 11, 1956 are modified accordingly. Page 45 of 246 _2_ Flcrida Farm Bureau Federation In vieir of this T­alan;;, you amid your subordinate units are required to file information returns, Form 490, annually. Under e�:istin,r; procedure, each subordinate unit ma3- file its return independently, or the central er,-,anization may file a consolidated group return for all units. If your organization elects to file a group return, you mu3t adhere to section 1.6033-1(d) of the federal. Incane Tax Regitlations. Mat section sets forth the provisions under i4iich a central organization may file a group return in lieu of each of its subordinate units hatiinn, to file independently. In connection i-rith the foregoing, section 511 of the Code imposes a tax upon the unrelated business taxable income of certain organizations otheri•rise eyen:upt from federal income tw:. "ine term "unrelated business tw:able income" is defined in section 512(a), and the tax i9 imposed upon such income, derived by any organization subject to the tax, from any "unrelated trade or business" as defined in section 513. Section 513 defines an unrelated trade or business as any trade or business, the conduct of which is not substantially related to the exercise or perforrznce by such organization of its charitable, educational or other purpose or function -constituting the basis for its e.pmption. In regard to unrelated business ta::able income, our excimination of information sub.,i.tted with your application shorts that your subordinate units have jtorki.ng a recnents with insurance companies under which the units derive income throu,-)i the sale of insurance policies. Revenue Ruling 6C1-zw) C.B. 1960-1, 200 provides that an organization otherurise exempt from Federal income tax as an a;rieultural organization described in section 501(c)(5) is subject to 'tax under section 511 on the unrelated business income resulting from services rendered to certain insurance companies. The ruling holds that insurance activities, such as those engaged in by your units, aro activities irhich constitute businesses of a li..nd ordinarily carried on for profit. In addition, it holds ouch activities are not usually associated lrith the functions of an agricultural or;,anization in carrying out its exempt purposes, other than throush the use it makes of the net earnings received therefrom. Page 46 of 246 "J- rlorida Ft:rm Bureau Federation T`L'U, vie conclude th-t the insurance activities of ,our units constitute an unrelated trade o- business i-dthin the n, caning of section 513 Of the Cote, an:I that the incom:. therefrom is subject, to the tat: IMposea .Dy sectica 517(a) or' the Cc:e. Therefore, your unAi;s arc required to `'=le an e:cerapt organization busineos ircene tav return, Form 990-i, reporting the income from such trade or bus mess. iris form may be obtained from their District Director and is required to be filed on or before the fifteenth day of the third month follo.idng the close of each units annual accounting period. The units are liable for the taxes imposed under the Federal Insurance Contributions Act (social security taxes), and for the tax imposed under the Federal. Unamoloyment Tax Act, if arty unit has four or more individuals in its employ. Any questions concerning e.:cise, er;iployment or other Federal taxes should be submitted to their District Director. You, the central organization, should advise each subordinate unit covered by this ruling of its exempt status thereunder. The units should also be advised of the pertinent provisions of this ruling; particularly, the requirements for filing infoniation (Form 990), business incane tax (Form 990-T), and other returns. Within 45 days of the close of each of its succeeding annual accountin_- periods, a central, organization is required to submit the folloming information to our IIational Office: 1. Lists shoi-ring the names and mailing addresses of new subordinate units and previously exempted units ~which no loriZer eyds or have changed their name3 or addresses. The names should be arranged in alphabetical order or, if numerically designated, in numerical order. In lieu of these lists, you ma3r furnish us with two copies of your published directory. 2. A statement sighed by one of your principal officers as to whether or not the infonaation upon which your group ruling is based is applicable in all respects to the new subordinate units. Page 47 of 246 -4- Florida farm Bureau Federation 3. If at the close of the year there were no changes in your roster, a stata-n nt to that effect signed by one of your principal. officers. 4. Duplicate copies of amendments to the jLrticles of incorporation, Constitution or By-laws of the central organization or its subordinate units. If you do not agree with these conclusions, you may, within thirty days from the date of this letter, file a brief of the facts, law and arguments, in duplicate, which will clearly set forth your position. In .the event you desire an oral discussion of the issues, you should so indicate in your submission and a conference id-ll be arranged after we have had an opportunity to consider the brief and it appears that the conclusions reached are still unfavorable to you. Any submission must be sirmed b-- one of your principal officers. If the matter is to be handled by a representative, the Conference and Practice requirements regarding the filing of a power of attorney must be met. If we do not hear from you within the timic specified, this cor..urunication i•rM become our ruling in the matter and copies of this letter will be forl.rarded to the District Director, Jacksonville, Florida. Thereafter, any questions concerning, your status or the requirements for filing Federal income tax returns should be addressed to his office. Very truly yours, t � V ief, Rulin;s Section Exempt Grganizations Branch Page 48 of 246 4 •,� Tri!_ fir•=,� �y �. 1�� •.f .E~LL.%. _��( Il • w�..%t.i� •...i �.. _ �...J w.i.•�J 1 ' ' '` ,'• .- 4350 SOUTH WCST 13 r" STRCET - TEL.EPMONE 372-0401 - GAtNESVtl-". FL.ORtOA i ART KARST. Pncssocewr T. K. MCCL.ANE. JR.. ♦ xrCUTIVC VICL PstCB1OENT - VC/t0 OCACH. FLOMCA G^fI466ViLlE. FIOpIOA Bi,"':,:1U Ala aua County 72,... aureau P. 0. Box 374 Ga.iresVille, i lorida B ker County = a-:.t Bureau. Cou-_ty Office) 'r. Co:=.or ?:eba, Secretary I:accle=.Y, Florida Day, County. : am Bureau tiro Co=.ty Office) r r s. F.lr.za aet3 Cot dent, Sec. Fou:,tain, Florida Bradford Coitity Farm Bureau P. 0. Lax 222 Starke, Florida ,Brevard Co-; ntJ ?arm Bureau P. 0. Box 3116. Cocoa, 71orida Bro::ard CO:::rity ?ar a Bureau Route 1, Box 1035 Powpano Bract, '.Florida Calhoun County Faz:a Bureau P. 0. Box I..12 , Blount5 o-w-n, .'lorida C:_Gr'_o tte Court; Farm Bureau (1•.o County Vi1r.CiL) Mr. W. N. Chlandier, Sec. AV Pu-r.ta Goma, Florida C' ay Co; illy -Farm .Bureau F. 0. Pox 278 Green Cove Sprir.fs, Florida Col2ler Co-jan,.y . 4 ..: nu; eau P. 0. Eo.c 97 I=a:a;.lee, i lorida Colw*ia County rarer Bureau P. 0. ABOX 191 Lie City, Florida' Dade County Farm. Bureau 900' N . Federal Hi jir.-, y Ffo;aestead, 'Florida Desoto County Farm Bureau P. 0. Box 1030 Arcadia, Florida Dice County Farm Bureau (:Nlo County Office) I-:rs. Ted Ganus, Secretary Old To ern, Florida Duval County Fast Bureau Route 1, Box 187 Dinsmore, Florida Esc=ibia -County Far.:. Bureau Route 2, Box 237 Canto uaent, Florida Evergledes Farm Bureau Drainer F Belle Glade, Florida Flagler County Farm Bureau (:Io County Office) I.ir. D . C . j ohnston, Secretary Route l Bunnell, Florida Gadsden County ?art Bureau P. 0. Box 769 uincy, Florida. Gilchrist Colzity Faza Bureau P. 0. Box 1065 . ?renton, "Florida LG Page 49 of 246 ' -2- , Glades 001,1rt r r a Bureau Lake County 'jo:-: 097 P. 0. Box 3 a.00: J t.—vc::,Florida Tavares, : 1G. . Cow U-.r F...... 3ureau Lee County F ... _:o Co �- , P. 0. Box 11. "rvcl,,~:1 ':rzrier, Secrotary Ft. I:yers, - -., -.._ • t'ic;:z Zitc.-�:�, ?lo: iGa _ - - Leon County Fa=- Farm 'Urcc-.0 Box 3—il (i-.A County C _ ce) 1•,iccosukce, Florida 1:r. :l.. A. t;, Secretary Levy Cou.•1 t;� Fug Bureau Route 4, Bo : 82 P. 0. Box 174 javP-r,'Florida I'rardee Bronson, Florida Cow:: ?ar:a Bureau 'D Liberty County Fr. az Bureau - G . Bo.t 21:7 P. 0. F3ox�Y23 I'!auc',-, la., 1-ori.da Bristol, Florida I?er_Co'.:;'ari BureauP. ,a Madison Counter Farm Bureau Lo:c 1'16 P. 0. Box 38 ' L;wolle, Florida _ Madison) Florida Hern,a do Court", :aria Bureau 1•ianatea County Farm Bureau 15 N. 1.e :on Street Broor:sville, Florida P. 0. Box 1�43 Pal:£t.to, Florida -lands Co•:,nty Fa-m Bureau I;arion County F a z Bureau P. 0. 5o:c 919 _Florida 1 C1+7 fl. ,�ac<:sonvilI a �iigr:ay Sebri^.�, - Ocala, Florida }iill.s::oxot: r County ;urn Bureau Partin Coun�y i ar:1 Bureau P . 0. Dox 92S Drawer. 64 Braxlt?on, Florida Stuart, Florida ilol:.cs Co::nty Fara Bureau Nassau Coun:�r Fay Bureau Boron 'Suildinff (No County Offica) Bo;r ay, Flor da l rs. Q1cn Cci.r, ar , Secrota:y Tnd1a7 :'.jvice - Co-_- ty : a 3ureau Route 2, i>ox 169 16l-2 23tn S4 rcet 11illiard, Florida Vero ilea ch, O'raloo::a Co u z v;r ar: i Burca u _ y�+� _ _ ji' r t Lurea.0 t I'1C,JO.i?_Ci liull10 .J Florida P. 0. Fox 531 Crestvic:r, i:aria::la, : lorida r Okecc:-o bee County . arlm Bureau J c: i. er3on. CO , ty F ar::i Bureau Doti 1253) lorida 215 01-,ccchobaa, a.0::'V1CC_ 0,^�.G3 . moo. I n i ^♦� �»k.~L �/V•-��V�I .�C�„-.tea Ju+,�GLL 5: rect Yia;%O, - ^, ^ l :'� t�l� • .� to i -c a Page 50 of 246 Palms Beach Cou.-Ity farm Bureau Co P. 0. Box 325 Volusia County Farm Bureau Delray Bcach, Florida P. 0. Box 870 . Deland, Florida Pasco County Farm Bureau P. 0. Box 517 WaIwIla County Tara Bureau Dade City, Florida (140 county office) • Secretary: Billy Caoy Pinellas County Faru Bureau Route 1 j Crawfordville, Florida P. 0. Box 535 Largo, Florida Walton County Farm Bureau Polk County Faxes Bureau P. 0. Box 301 DeF uniak Sprints, Florida 1715 riE^ray 17 South Barto::, Florida Vlashi ne. on County Fa�a Bureau Putnar- -- St. Jo.^.ns County Farm Bureau U. S. 90 Iles- Chipley, Florida P. 0. Box 184 Palatka, Florida { St. Lucie County Farrn Bureau P. 0. Box 161 + Ft.Pierce, Florida 1 } - Santa Rosa County Farm Bureau Box 105 Jay, Florida Sarasota County Far:,•i Bureau P. 0. box 10156 Sarasota, Florida s Semi -role County Fa- m Bureau , Route 2, 3ox 575 ' Sanford, Florida Sumter County Fara Bureau P. 0. Box 638 'Bashrell; Florida . Su:-rannce Col,:nty Farm Bureau P. 0. Box 97 Live Oak, Florida. Taylor County "r2ra Bureau (NO County Of.icc) Mr. A. B.'Boycr, Secretary Route 11, Box 369 Perry, Florida Union County Far. Bureau . P. 0. Box 180' Lace iutler, Florida i1 Page 51 of 246 Detail by Entity Name Page 1 of 3 Florida Department of State DIV SIGN OF CORPORATIONS Y �r g Im fijrriul .strut of Fbi ida s: Lsitr Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation ST. LUCIE COUNTY FARM BUREAU, INC Filing Information Document Number N12000008110 FEI/EIN Number 59-0830043 Date Filed 08/17/2012 Effective Date 06/12/1967 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 08/17/2012 Event Effective Date NONE Principal Address 3327 ORANGE AVE. FT. PIERCE, FL 34947 Mailing Address 3327 ORANGE AVE. FT. PIERCE, FL 34947 Registered Aaent Name & Address Roberts, Gary 3327 ORANGE AVE. FT. PIERCE, FL 34947 Name Changed: 03/05/2021 OfficerlDirector Detail Name & Address Title President Roberts, Gary 3327 ORANGE AVE. FT. PIERCE. FL 34947 Title Director ADAMS, MICHAEL L PO BOX 12909 FT. PIERCE, FL 34979 file:///C:/Users/CUBBED—I/AppData/Local/Temp/Low/HOYZRR9V.htm 74'6N bf 246 Detail by Entity Name Page 2 of 3 Title Director Schirard, J B , Jr. 1860 Pulitzer Rd FT Pierce, FL 34945-4427 Title Director Hamilton, Matthew 5770 Russakis Road Fort Pierce, FL 34951 Title Secretary Boudrias, Chester 11800 Twin Creeks Dr Fort Pierce, FL 34945 Title Treasurer Eplin, Brianna 16583 Carlton Adams Rd Fort Pierce, FL 34945 Title VP Patterson, Kyle 2179 S. Brocksmith Rd Fort Pierce, FL 34951 Title Director Blankenbaker, Jenna 6504 Salerno Rd Fort Pierce, FL 34951 Title Director Koppelmanh, Stephen 2179 S Brocksmith Road Fort Pierce, FL 34953 Title Director Berggren, Mark 11995 Okeechobee Road Fort Pierce, FL 34945 Title Director Thomason, Kayla file:///C:/Jsers/CUBBED—I/AppData/Local/Temp/Low/HOYZRR9V.htm 7/j*J94 of 246 Detail by Entity Name Page 3 of 3 16501 Carlton Adams Rd Fort Pierce, FL 34945 Annual Reports Report Year Filed Date 2019 02/13/2019 2020 02/13/2020 2021 03/05/2021 Document Images 03/05/2021 --ANNUAL REPORT View image in PDF formal 02/13/2020 -- ANNUAL REPORT View image in PDF format 02/13/2019 -- ANNUAL REPORT View image in PDF format 03/05/2018 -- ANNUAL REPORT View image in PDF format 01/27/2017 -- ANNUAL REPORT View image in PDF formal 02/01/2016 -- ANNUAL REPORT View image in PDF format 03/2412015 -- ANNUAL REPORT View image in PDF format 01/10/2014 -- ANNUAL REPORT View image in PDF format 01/10/2013 — ANNUAL REPORT View image in PDF format 08/17/2012 -- Domestic Non -Profit View image in PDF format Fonda Oepartnxnt of State, 07—,on of Corperati— file:///C:[Users/CUBBED—I/AppData/Local/Temp/Low/HOYZRR9V.htm 7/Qg %2�of 246 kc LUCE ��J AGENDA REQUEST TO: Board of County Commissioners 8.C.3. 2021-52054 CONSENT AGENDA -PARKS & RECREATION DATE: 8/3/2021 *ACTION ITEM - WORK AUTHORIZATION QUASI-JUDICIAL ITEM? No PRESENTED BY: Summer Ivey -Platt, Parks & Special Facilities Division Manager SUBMITTED BY: Parks & Recreation SUBJECT: Blind Creek Beach Restroom and Parking Lot Work Authorization (Design & Construction Management) - $109,000.00 BACKGROUND: Blind Creek Beach is one of St. Lucie County's busiest beaches. The Fiscal Year 21 budget includes a project to construct a restroom and ADA parking at Blind Creek. Staff requested a proposal from Captec Engineering to design and manage the construction of the Blind Creek Restroom. The attached proposal is for Work Authorization No. 1 to contract C19-08-751 in the amount of $109, 000. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If approved, this will have an impact of $109,000.00 on the Blind Creek Restroom Project. Funding is available in Park Impact Fee accounts 310002-7215-562000-207622 & 310008-7215-562000-207622. RECOMMENDATION: Staff recommends board approval of Work Authorization #1 for Captec Engineering on Contract #: C19-08- 751 in the amount of $109,000.00 and authorize the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None Page 55 of 246 NAYS: None EXCUSED: None Coordination/Signatures Date: July 12, 2021 Matt Baum, Interim Parks & Recreation Director Date: July 13, 2021 Jennifer Hill, Office of Management & Budget Director Date: July 13, 2021 Daniel McIntyre, County Attorney Date: July 14, 2021 Alphonso Jefferson, Deputy County Administrator Date: July 19, 2021 Howard Tipton, County Administrator Page 56 of 246 WORK AUTHORIZATION NO. 01 CONTRACT C19-08-751 CIVIL ENGINEERING THIS WORK AUTHORIZATION is made as of the day of , 2021, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CAPTEC ENGINEERING, INC., hereinafter referred to as the "Consultant". W ITN ESSETH: WHEREAS, on August 20, 2019, the County entered into a Professional Civil Engineering Services Agreement (Contract No. C19-08-751) hereinafter referred to as "Contract" with the Consultant to provide continuing professional civil engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, the Legislature of the State of Florida amended Section 448.095(2)(a) Florida Statute to provide that any contract by a local government entity must contain a provision for the use of the Federal E- Verify System to confirm the work authorization status of new employees hired on or after January 1, 2021. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Blind Creek Beach Restrooms and Parking Lot Renovations (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional civil engineering services for the Project under the pricing, terms and conditions of the continuing contract (C19-08-751). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. rf)MPFNSAT1nN- The cost to perform all services as described in the attached Scope of Services shall be paid at the approved hourly rates and will not exceed a total amount of $109,000.00 (one hundred nine thousand and 00/100 dollars), as further detailed in Exhibit "A" Compensation. No reimbursable expenses will be paid Page 1 of 3 Page 57 of 246 pursuant to this work authorization. Any sub -consultant fees associates with this work authorization will be paid as a direct pass through without any additional mark-up or administrative fee. This work authorization shall meet the definition of "Construction Services" as defined in F.S. §218.72. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. 4. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $4,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as determined by the Contractors agreement through the end of the Construction period. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $50.00 (fifty and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. 7. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS Effective January 1, 2021, As required by Section 448.095(2)(a), the Contractor and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E- Verify System. The Contractor shall provide documentation of their compliance of this requirement to the County upon request. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract Page 2 of 3 Page 58 of 246 with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CAPTEC ENGINEERING, INC. (1) BY: (2) PRINT NAME: Page 3 of 3 Page 59 of 246 CAPTEC _ Engineering, Inc. Civil Engineering Professionals April 14, 2021 1880.1 VIA Email: ivey-platts(cD_stlucieco.org Ms. Summer Ivey -Platt Parks and Special Facilities Manager St. Lucie County Parks and Recreation Department 3071 Oleander Avenue Fort Pierce, Florida 34982 (772) 462-6413 RE: BLIND CREEK BEACH RESTROOM AND PARKING LOT RENOVATION AGREEMENT FOR PROFESSIONAL SERVICES Dear Ms. Ivey -Platt: CAPTEC Engineering, Inc., (CONSULTANT) is pleased to provide St. Lucie County Parks and Recreations Department (CLIENT) with this professional civil engineering services proposal for the Blind Creek Beach Restroom and Parking Lot Renovation. The project is located at: Blind Creek Beach Access Point 5460 South Ocean Drive (A1A) Fort Pierce, Florida, 34949 PROJECT DESCRIPTION The proposed improvements are in coordination with the St Lucie County Blind Creek Park General 10-year Management Plan and Lease No. 4233 with respect to St Lucie County Parks and Recreation Department, St Lucie County Mosquito Control Division, Florida Department of Environmental Protection (FDEP), and South Florida Water Management District (SFWMD). CONSULTANT will provide the following scope of services including coordination with CLIENT, utility providers (including water, sewer and electric); and sub -consultants (including survey, geotechnical, historical, and environmental); preliminary and final engineering design, permitting with all respective agencies; and construction management and limited inspection services. SCOPE OF SERVICES TASK 1A: SURVEY COORDINATION SERVICES CONSULTANT will utilize a Survey sub -consultant for the sketch and legal description; and the property boundary and topographic survey for the project per St Lucie County standards. The Survey sub -consultant will obtain topography around the proposed parking area and restroom buildings and locate the water main, valves and sanitary lift stations along the adjacent South Ocean Drive (A1A) and the Coastal Construction Line (CCL). The Survey sub -consultant will confirm the location of the CCL with the Bureau of Beaches and Coastal Systems. TASK 1 B: GEOTECHNICAL COORDINATION SERVICES CONSULTANT will utilize a Geotechnical Sub -Consultant to obtain a recommendation for the foundation support design after performing SPT test borings at a depth of fifteen feet (15'). 301 NW Flagler Avenue . Stuart, FL 34994 . 772-692-4344 . Fax 772-692-4341 . E-mail: captecinfo(cDgocaptec.com Page 60 of 246 1880.1— Blind Creek Beach April 14, 2021 Page 2 of 10 TASK 1C: HISTORICAL COORDINATION SERVICES CONSULTANT will utilize a Historical sub -consultant to obtain a recommendation for the determination of any findings that may be present. Historical sub -consultant will support the permitting task with a report of findings. TASK 1 D: ENVIRONMENTAL COORDINATION SERVICES CONSULTANT will utilize an Environmental sub -consultant to investigate the plants and animal species on the site for flagging to allow for the extents of clearing and grubbing the vegetation frontage along A1A. The Environmental sub -consultant will support the permitting task with a report of findings. TASK 1 E: PRELIMINARY ENGINEERING DESIGN CONSULTANT will prepare a conceptual site plan which will include a millings driveway, a coquina parking lot, a new restroom facility, and an ADA compliant concrete sidewalk to connect the parking lot to the restroom. ADA Parking spot at Restroom needs to be concrete. All work is intended to be on the westerly side of the CCL. CONSULTANT will coordinate with a Prefab restroom building manufacturer on behalf of the CLIENT. CONSULTANT will coordinate the location of existing water lines with the Fort Pierce Utilities Authority (FPUA); wastewater lines with St. Lucie County Utilities; and electrical service with Florida Power and Light (FPL). CONSULTANT will prepare Preliminary Engineering Plans and submit them to the CLIENT for preliminary review. TASK 2: FINAL ENGINEERING DESIGN PLANS CONSULTANT will prepare Final Engineering and Construction Plans for review by CLIENT prior to Final Site Plan submittal to the St. Lucie County Planning and Development Department. CLIENT will contract directly with a Pre -Fabrication Manufacturer for the floor plan, flood vents, foundation, and structural designs. The floor plan shall be approved by CLIENT and St. Lucie County Planning and Development Department prior to the start of fabrication. The Pre -fabrication Manufacturer will provide CONSULTANT with signed and sealed plans and details. The final design will include the overall site plan, a horizontal control plan, paving, grading and drainage plan and detail, clearing and grubbing plan with stormwater pollution prevention notes, utility plan and details, and general notes. (The plan will include the sidewalk and fence line.) TASK 3: UTILITY AND PERMITTING COORDINATION CONSULTANT will obtain site plan approval through St. Lucie County. CONSULTANT will obtain utility and driveway connection permits from the Florida Department of Transportation (FDOT). Permits will need to be coordinated with FPUA and St. Lucie County Utilities. CONSULTANT will assist CLIENT in reviewing the FDEP and SFWMD agreement, the conditions of the Management Plan and Lease No. 4233. TASK 4: CONSTRUCTION ADMINISTRATION SERVICES CONSULTANT will prepare quantities and bid tabulation forms. CONSULT will assist CLIENT with bidding and will attend a pre -bid meeting to answer bidder Requests for Information. CONSULTANT will provide limited construction observation services for the improvements, including shop drawing review for water, sewer, stormwater, etc. 301 NW Flagler Avenue . Stuart, FL 34994 . 772-692-4344 . Fax 772-692-4341 . E-mail: www.zocantec.com Page 61 of 246 1880.1— Blind Creek Beach April 14, 2021 Page 3 of 10 CONSULTANT will make visits to the site at intervals approved by CLIENT and coordinated by CLIENT's Contractor to observe the construction progress. Based on observations made during those visits (estimate 80 hours), CONSULTANT will report whether the work is progressing in accordance with contract documents and will endeavor to guard CLIENT from defective work. CONSULTANT is not required or expected to make exhaustive or continuous inspections on the site to check the quality or quantity of the CLIENT's Contractor's work. Without limitation, during or because of CONSULTANT's visits / observations of CLIENT's Contractor's work, CONSULTANT will not supervise, direct, control or have any authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, including any safety precautions (life/health or property) and/or programs incidental thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of work. CONSULTANT requests that this clause be included in Contractor's agreement with CLIENT. Upon completion of all work, the Contractor's Surveyor and Testing Lab will provide as -built documentation and testing results for review by CONSULTANT. When all items are completed in compliance with associated permit requirements, the CONSULTANT will provide the CLIENT, SFWMD, St Lucie County Utilities, FDOT and FPUA certification of completion(s). TASK 5: ADDITIONAL SERVICES CONSULTANT would be pleased to provide any additional services requested by CLIENT in accordance with the enclosed Fee Schedule. Additional services will not be performed unless CLIENT specifically requests them, and an addendum to this agreement is executed. III. COMPENSATION TASK 1A: Survey Coordination Services TASK 1 B: Geotechnical Coordination Services TASK 1 C: Historical Coordination Service TASK 1 D: Environmental Coordination Services TASK 1 E: Preliminary Engineering Design TASK 2: Final Engineering Design TASK 3: Utility and Permitting Services TASK 4: Construction Administration Services TOTAL: $ 8,500.00 $ 6,500.00 $ 2,500.00 $ 3,000.00 $ 13,500.00 $ 30,000.00 $ 20,000.00 $ 25,000.00 $ 109,000.00 This Agreement is based on the following assumptions: 1. This project will be designed and permitted one time. 2. Fees not included in this proposal: a. Pre -fabrication Manufacturer Design and Fabrication b. Building Architecture and Interior Design c. Landscape Architecture and Irrigation Design d. Structural and Foundation Engineering e. Lighting and Electrical Design f. Regulatory Agency Fees 3. The attached General Terms and Conditions are included herein and are a part of this Agreement; all conditions are applicable unless otherwise noted by CLIENT and CONSULTANT. 301 NW Flagler Avenue . Stuart, FL 34994 . 772-692-4344 . Fax 772-692-4341 . E-mail: www.zocantec.com Page 62 of 246 1880.1— Blind Creek Beach April 14, 2021 Page 4 of 10 Billing shall be invoiced on the percentage complete of the lump sum elements or for services accomplished for hourly rate elements. Invoices will be emailed monthly and are payable upon receipt. Payments not received within thirty (30) days of invoice issue will be subject to a 1-1/2% interest charge per month. CLIENT is requested to provide CONSULTANT with a date by which monthly invoicing should be received to maintain a thirty (30) day payment schedule. CAPTEC Engineering, Inc. is extremely pleased to provide this Agreement to St. Lucie County. Your project will receive our utmost professional attention. Should you have any questions concerning this Agreement, please contact me. If you wish to direct us to proceed with the described services, please sign and return a copy of this Agreement to our office as the Notice to Proceed. Again, we appreciate the opportunity to provide services for your project. Sincerely, I A � ) 06 1 f\ o 6 apra, Presi Date: April 14, 2021 ACCEPTED BY: 10, Summer Ivey -Platt St. Lucie County Parks & Recreation Dept. Date: 05/20/2021 301 NW Flagler Avenue + Stuart, FL 34994 •772-692-4344 • Fax 772-692-4341 • E-mail: www.gocaptec eom Page 63 of 246 1880.1— Blind Creek Beach\� Page 54, 2021 CAPTEC Page 5 of 10 Engineering, Inc. Civil Engineering Professionals CAPTEC HOURLY RATES FOR SLC Principal / Expert Witness ................................. $ Principal Engineer/ PE .................................$ PE / Construction Director ................................. $ PE / Quality Control Manager ........................$ PE / Sr. Project Engineer ............................... $ Sr. Project Manager .......................................... $ Project Design Manager ................................... $ Construction Project Manager ........................... $ Project Design Engineer / El ..........................$ Project Design Engineer .............................. $ Field Representative/ Sr. Inspector ................$ Civil Design Technician ..................................... $ Office Manager .......................................... $ Project Coordinator/ Clerical ............................. $ 205.00/hour 195.00/hour 175.00/hour 175.00/hour 145.00/hour 135.00/hour 125.00/hour 110.00/hour 110.00/hour 100.00/hour 90.00/hou r 90.00/hour 65.00/hour 55.00/hour 301 NW Flagler Avenue . Stuart, FL 34994 . 772-692-4344 . Fax 772-692-4341 . E-mail: www.zocantec.com Page 64 of 246 kc LUCE ��J AGENDA REQUEST TO: Board of County Commissioners 8.C.4. 2021-52055 CONSENT AGENDA -PARKS & RECREATION DATE: 8/3/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No PRESENTED BY: Summer Ivey -Platt, Parks & Special Facilities Division Manager SUBMITTED BY: Parks & Recreation SUBJECT: Board approval to "Piggyback" Lake County Contract #16-0214 to purchase a Pre - Cast Volusia 6 Stall Restroom per proposal KT-2021-077 from Leesburg Concrete Company for Blind Creek Beach in the amount of $123,450.00 BACKGROUND: Blind Creek is one of the busiest beaches in St. Lucie County and currently does not have a permanent restroom. This beach location is currently the only beach approved by ordinance and is designated as a clothing -optional beach. The new restroom will make the current portable toilets unnecessary and make the area more user friendly for the patrons of the park. The need for the restroom is due to population growth and the ability to service the community better. 1��1 L�Iil;�_[�i7 [�P► to N/A FINANCIAL IMPACT: If approved this will have an impact of $123,450.00 for the Engineering and Purchase of a precast concrete restroom and will be funded from Park Impact Fees. Funding is available in the amount of $12,345 from 310002-7215-562000-207622 and $111,105 from 310008-7215-562000-207622. RECOMMENDATION: Staff recommends Board approval to "piggyback" Lake County Contract #16-0214 to purchase a pre -cast Volusia 6 Stall Restroom per proposal KT-2021-077 (attached) from Leesburg Concrete Company for Blind Creek Beach in the amount of $123,450.00 from Park Impact Fees, as outlined in this agenda memorandum and authorize the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Page 65 of 246 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Matt Baum, Interim Parks & Recreation Director 'r"+ 11-U Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Date: July 13, 2021 Date: July 14, 2021 Date: July 15, 2021 Date: July 15, 2021 Alphonso Jefferson, Deputy County Administrator Date: July 19, 2021 Howard Tipton, County Administrator Page 66 of 246 LEESBURG CONCRETE COMPANY, INC JIREHITECTURnI PREClL 6T CCHERET a Y .. F...... TIHN Proposed Agreement Submitted To: Michael Durette Parks & Special Facilities 3020 Will Fee Rd Fort Pierce, FL 34982 772-834-9188 d urettem(crstlucie.oro CITY DESCRIPTION 1 19'-4" x 22'-6" x 8'0" Interior Height Precast Concrete Restroom Precast Concrete Building Proposal DIV 3 DATE: 7/7/2021 PROPOSAL NO: KT-2021-077 Project Reference: Blind Creek Beach Park 5460 S Ocean Dr Fort Pierce, FL 34949 Lake County Contract : 16-0214 Item # 10 Includes: • Exterior walls are 4" thick. Floor is 6". Roof panels are 5" thick and post tensioned. Roof panel overhang is 3" on all sides and has a cast in pitch for positive drainage. • Exterior Wall Finish is Formliner finish TBD - Roof Finish is TBD - Interior Wall Finish is Form Finish • Standard gray 5,000 psi compressive strength concrete mix design. • Reinforcing, handling hardware and post tensioning per our engineered design. • Welded connections filled with Sika 212 Non Shrink Grout for a smooth appearance • Sikaflex joint sealants • Interior and exterior paint consists of a Loxon Conditioner/Primer with two finish coats of SUPERPAINT - all products are by Sherwin Williams - colors to be selected. • Sunvent FL16412" x 12" • 2 Exhaust fans on sensor switch • 12-Circuit 24-Space 100-Amp Main Breaker Load Center w/ Required Breakers • Proximity Sensor switch for fan / lights • Wall Mounted Switch in chase • GFCI Tamper Proof Outlets. 1 each sink 1 in chase • Interior Lights 4000K 4' LED vapor -tight industrial • Exterior Light LED Wall Pack w/ 120V Photocell • 2ea Bath Partitions -ADA • 3ea Bath Partitions -Standard • lea Bath Partitions -Urinal Screen • Stainless steel mirrors • 2ea paper towel holders • 5-roll toilet tissue dispensers • ADA compliant grab bars for Handicap stalls • 3ea 3070 steel doors with standard hardware • ADA door signs lea Womens, lea Men, lea Mechanical • Hose bibb • GFI In chase • Floor drains • Sea vitreous china toilets • 4ea vitreous china sinks • lea each -vitreous china urinal • Grounding pigtail for connection to a lightning suppression system supplied and installed by others • Cast In conduit and box allowance • Crane and operator • On site Assembly Lake County Comtract, Line Item 10 $119,000.00 Add Standard Hi -Low Water Fountain - supply and install $950.00 Delivery and Assembly outside of Lake County $3,500.00 PROJECT TOTAL $ 123,450.00 Deposit for Engineering $ 5,900.00 Balance $ 117,550.00 Page 1 of 2 Leesburg Concrete Company, Incorporated, 1335 Thomas Avenue, Leesburg, FL 34748 Phone (352) 787-4177 or (800) 882-4177 FAX (352) 787-7935 Page 67 of 246 LEESBURG CONCRETE COMPANY, INC ARCRIf ECiIJ R,IL vRE.-1-1 0.-..E1E a MEY.L Fa BGrCwYIhN Precast Concrete Building Proposal DIV 3 DATE: 7/7/2021 PROPOSAL NO: KT-2021-077 Project Reference: Blind Creek Beach Park 5460 S Ocean Dr Fort Pierce, FL 34949 Lake County Contract : 16-0214 Item # 10 Excludes • PAYMENT AND PERFORMANCE BOND • SITE PREPARATION • HVAC AND FIRE PROTECTION • FINAL HOOK UPS OF UTILITIES • ANY SITE SURVEYING • ROOF MEMBRANE (NOT REQUIRED) • DUTIES, FEES OR PERMITS, CIVIL DRAWINGS • INSULATION AND INTERIOR TRIMOUT • ANY ITEM OR IT'S INSTALLATION NOT MENTIONED ABOVE IS EXCLUDED NOTES: CRANE MUST HAVE SOLID GROUND TO ACCESS WITHIN 25' OF SUB BASE The building, it's contents and equipment, specifically described above are included in the total price. Furnishings, fittings, equipment and compliance with an entire specification not described are not included in this project. Any changes to the equipment, furnishings, any component of this building described above may result in additional costs. This document, with it's description shall supersede conflicting contract or purchase order verbiage. To be produced and delivered to mutually agreed upon schedule LEESBURG CONCRETE COMPANY, INCORPORATED IS A PCI CERTIFIED PLANT Terms: $ 5,900.00 down payment required to commence engineering. Progress billing to be invoiced as produced. No Retainage. Sales Tax if applicable not included. If exempt, tax exempt certificate to be provided by customer. Payment is to be delivered to Leesburg Concrete Company, Incorporated at 1335 Thomas Avenue, Leesburg, FL 34748 Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance on above work. Workmen Compensation and Public Liability Insurance on above work to be taken out by Leesburg Concrete Company, Incorporated. In the event this Proposal is accepted and the amount agreed to be paid is not timely received by Leesburg Concrete Company, Inc., then Leesburg Concrete Company, Incorporated shall be entitled to reasonable attorney's fees, costs, and expenses to collect the amount owed. Unpaid balance shall accrue at the rate of 1.5 % per month. This proposal may be withdrawn if not accepted within 90 days ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Respectfully Submitted Payment will be made as outlined. Signed Signature Thomas Ely Printed Name Date: Page 2 of 2 Leesburg Concrete Company, Incorporated, 1335 Thomas Avenue, Leesburg, FL 34748 Phone (352) 787-4177 or (800) 882-4177 FAX (352) 787-7935 Page 68 of 246 LAKE' COUNTY, FL IItAI i l-IIIiII]A • k1FAI 1:L]i:;l: MODIFICATION OF CONTRACT Modification Nulnber:Five (5) Contract Number: 16-0214 Effective Date: 8/8/2021 Title: Pre -Cast Concrete Restrooms at County Parks Effective Date: August 8, 2016 Contracting Officer: Bill Ponko Contractor Name and Address: E-mail Bponlca@lalcecountyfl.gov Telephone Number: (352) 343-9389 Name; Leesburg Concrete Company, Inc. Address: 1335 Thomas Avenue Issued By: Procurement Services City: Leesburg, Florida 34748 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Ki>'k Rouse Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once frilly executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract modification to extend the contract for a period six (6) months. The contract will expire on February 7, 2022. CONTRACTOR SI ATURD BLOCK LAKE COUNTY SIGNATURE BLOCK Signature: Signature: Print Name: Print Name: Title: V 17 Title: Contracting Officer Date: Date: ��' ,Z ( E-mail:--- Secondary E-mail: Distribution: Original — Bid File Copy — Contraclor Contracting Officer PROCUREIVIENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDC,ET SERVICES P.O. BOY 7800.315 W. MAIN ST.,TAVARES, FL 32778 • P352,343.9839 • F 352.343.9473 Board of Comrq+ Commissioners • Inviv.lakevolm yjl.gov Page 69 of 246 COUNTY, FL REAL rLORIDA • REAL CLOSE MODIFICATION OF CONTRACT Modification Number:Four (4) Effective Date: 8/8/2020 Contracting Officer: Ralph (Ed) Tipton, CPSM, CPPO, CPPB E-mail: RTipton@lal(ecountyfl.gov lalcecountyfl.gov Telephone Number: (352) 343-9489 Issued By: Procurement Set -vices Lake County Administration Building 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 Contract Number: l 6-0214 Title: Pre -Cast Concrete Restrooms at Counly Parks Effective Date; August 8, 2016 Contractor Name and Address: Name: Leesburg Concrete Company, Inc, Address: 13 3 5 Thomas Avenue City: Leesburg, FL 34748 ATTENTION: Kirk Rouse INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt, Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract Modification to extend for one (1) year expiring August 7, 2021. BLOCK Signature; y Print Name: Title: Date: c� E-mail: /_1C0_ts<W �'tlee�' Secondary E-mail. LAKE COUNTY SIGNATURE BLOCK Signature; _��•��: 1�, Print Narne: 1! �� q- - i Title: Contracting Officer Date: o & ! a't f do nLo PROCUREMENT SERVICES —DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES P.O. BOX 7800.315 W. MAIN ST„ TAVARES, FL 32778 • P 352,343.9839 • F 352.3439473 Board of Cwnay Commissioners - wimi,,lakecou?u)jLgov Page 70 of 246 gal LAKE COUNTY t L U R I DA MnI)IFTC A TTC) NJ 1W r'nXTTu A rm l . Modification No.: 3 2• Contract No.: 16-0214 Effective Date: August 8, 2019 Effective Date: August 8, 2016 3. Contracting Officer: Ralph E. Tipton 5. Contractor Name and Address: Telephone Number: 352) 343-9489 Leesburg Concrete Company, Inc. 1335 Thomas Avenue 4. Issued By; Procurement Services Leesburg, Florida 34748 Lake County Administration Building Attm Kirk Rouse 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10l days after receipt. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided, 7. DESCRCPTION OF MODIFICATION: Contract modification to extend contract for one (1) year expiring on August 7, 2020. 8. Contractor's SignatureREQUIRED 9. Lake County, Florida Name: Title; Senior Contracting O icer Date: l�} -3..i ti�i, �aolI _ Date 10. Distribution: Original — Bid/Contract File Copies - Contractor Contracting Officer FISCAL&ADivIINISTRATIVESERVrCGS DIVISION OF PROCURCN(Wr$ERVICFS P.0, BOX 7800 •315 W. MAIN S•T., TAVARES. FL 32778 • P 352.343.9839 • F 352.343.9473 Hoard ofCoonly Cvnunivsilmer: • pn utlaker.oanli/).�nr IJAM II1Y I 5411IIVAN �5.5�! It P'Jtkl W1 14ll1 it INII Ili II1l1I t %M 1101%41 Itl�ll Ii1:1Y�1 DJ%st7•f 1 Uislritlnistricl i Dist rn! i Ni.01 itt5 Page 71 of 246 LAKE COUNTY F L 0 R I D A MODIFICATION OF CONTRACT I. Modification No.: 2 2. Contract No.: 16-0214 Effective Date: August 8, 201$ Effective Date: August 8, 2016 3. Contracting Officer: Barnett Schwartzman 5. Contractor Name and Address - Telephone Number. (352) 343-9424 Leesburg Concrete Company, Inc. 4. Issued By; 1335 Thomas Avenue Procurement Services Leesburg, Florida 3474$ Lake County Administration Building 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 Attn: Kirk Rouse, V.P. PECIAL INSTRUCTIONS: Contractor is required to odification and return this form to address in L sign Block 8 showing acceptance of the below written shown Block 4 within ten 1 Q da s after recei t preferably by certified ail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification n inal of contract, which was reviousl provided. and attach to 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) year expiring August 7, 2019. 8. Contractor's Signature RFOUTRED 9, Lake County, Flori a Name: By: Title: Procurement ervices Director Date: 1 I `° uba , Date 10. Distribution: Original - Bid No. 16-0214 Copies - Contractor Contracting Officer OFFICE OF PR0C4:REIVfENT SFRVICI?S P.O_ BOX 7900 • 1a W MAt1V ST., TAVARES, FL 32779 . P 3523419539. F 352.343.9473 Board of Coun(r L'ononixauoner5 •'ran+JakeeounnJL,Kov rIHOIFIV t SUItIVAN SFAN M PARK.S 41,ArgP WFNOV R RItLFt1LN IFSLIF CA%%PIONF IOS}I BLAU Dixtri�l ! District 2 District 'i District J D/.itrlrf "s Page 72 of 246 6XI LAKE -COUNTY F L 0 R I D A MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 16-0214 Effective Date: August 8, 2017 Effective Date: August 8, 2016 3. Contracting Officer: Barnett Schwartzman 5. Contractor Name and Address: Telephone Number: 352) 343-9424 Leesburg Concrete Company, Inc. 1335 Thomas Avenue 4. Issued By: Leesburg, Florida 34748 Procurement Services Lake County Administration Building 315 W. Main St., Suite 441 Attn: Shawn B. Thomas, V.P. Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) year expiring August 7, 2018. 8. Contractor's Signatur . REOUIR>GD 9. Lake County, Florida Name: By Title: V Pro ruement Services ivision Manager 5 6 Date: Date 10. Distribution: Original - Bid No: 16-0214 Copies - Contractor Contracting Officer FISCAL & ADMINISTRATIVE SERVICES —DIVISION OF PROCUREMENT SERVICES P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board of County Conouissionets • u'ulr.lalc('coantjflgor -1IM0-1HY I. SIII.1.1VAN SrAN NA. I'AIMS, mcnat:r WINDY it. 11 UH)EN 1ES11E C:AAII'IONE JOSH IUAKE District 1 Disb•irt 2 District 3 District 4 District 5 Page 73 of 246 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND LEESBURG CONCRETE COMPANY, INC. FOR PURCHASE AND INSTALLATION OF PRE -CAST CONCRETE RESTROOMS AT COUNTY PARKS (ITB #16-0214) This is an Agreement between Lake County, Florida, a political subdivision of the State of Florida, herein referred to as the COUNTY, by and through its Board of County Commissioners, and Leesburg Concrete Company, Inc., a Florida for profit corporation, its successors and assigns, herein referred to as the CONTRACTOR. WHEREAS, the COUNTY publicly submitted an Invitation to Bid (ITB) #16-0214 to establish a term and supply contract for the purchase and installation of pre -cast restrooms and other similar structures at COUNTY parks and similar locations on an "as -ordered" basis in conjunction with the COUNTY's needs; and WHEREAS, the CONTRACTOR desires to perfon-ri such services subject to the terms of this Agreement; and WHEREAS, the provision of such services will benefit the parties and the residents of Lake County, Florida. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, promises, covenants and payment hereinafter set forth, and intending to be legally bound, the parties hereby agree as follows: Article 1. Recitals 1.1 The foregoing recitals are true and correct and incorporated herein. Article 2. Purpose 2.1 The purpose of this Agreement is for the CONTRACTOR to provide for the installation of pre- cast restrooms and other similar structures at COUNTY parks and similar locations on an "as -ordered" basis in conjunction with the COUNTY's needs, hereinafter referred to as the "Project." Article 3. Scope of Professional Services 3.1 On the terms and conditions set forth in this Agreement, the COUNTY hereby engages the CONTRACTOR to provide all labor, materials and equipment to complete the Project in accordance with the Scope of Services, attached hereto and incorporated herein as Attachment A, along with the additional descriptions of the Project attached hereto and incorporated herein as Attachment B. It is understood that the Scope of Services may be modified by change order as the Project progresses, but to be effective and binding, any such change order must be in writing, executed by the parties, and in Page 74 of 246 accordance with the COUNTY's Purchasing Policies and Procedures. A copy of these policies and procedures shall be made available to the CONTRACTOR upon request. 3.2 The CONTRACTOR agrees and acknowledges that time is of the essence in completing the Scope of Work identified herein. All services shall be completed no later than the date specified in the Scope of Work, unless a written change order has been duly executed by both parties. Continuation of the performance period beyond the initial period is a COUNTY prerogative, and not a tight of the CONTRACTOR. This prerogative may only be exercised when such continuation is clearly in the best interest of the COUNTY. 3.3 This Agreement shall commence on the first calendar day of the month succeeding approval by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the COUNTY's. Office of Procurement Services, and is contingent upon the completion and submittal of all required pre -award documents. The initial term of this Agreement shall remain in effect for twelve (12) months, and then the Agreement will remain in effect until completion of the expressed and/or implied warranty period. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. 3.4 Prior to, or upon completion, of the initial term of this Agreement, the COUNTY shall have the option to renew this Agreement for up to four (4) additional one (1) year period(s). Prior to completion of each exercised contract term, the COUNTY may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index. It is the CONTRACTOR's responsibility to request in writing any pricing adjustment under this provision. The CONTRACTOR's written request for adjustment should be submitted thirty (30) calendar days prior to expiration of the then current contract term. The CONTRACTOR adjustment request must clearly substantiate the requested increase. The written request for adjustment should not be in excess of the relevant pricing index change. If no adjustment request is received from the CONTRACTOR, the COUNTY will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period shall not be considered. The COUNTY reserves the right to reject any written price adjustments submitted by the CONTRACTOR and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the Agreement beyond the initial period, and any option subsequently exercised, is a COUNTY prerogative, and not a right of the CONTRACTOR. This prerogative will be exercised only when such continuation is clearly in the best interest of the COUNTY. 3.5 The CONTRACTOR shall coordinate, cooperate, and work with any other consultants retained by the COUNTY. The CONTRACTOR acknowledges that nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. 3.6 All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the CONTRACTOR, except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor. In these cases, the CONTRACTOR shall notify the COUNTY of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the County. Should the CONTRACTOR fail to complete the work within the number of days stated in its offer, or the Page 2 of 74 S:IDOCUM1 NMO161PROCURriMEN'1)16-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement LAG 6.10.16.doex Page 75 of 246 "not -to -exceed" timeframe cited above, it is hereby agreed and understood that the COUNTY reserves the authority to cancel this Agreement with the CONTRACTOR and to secure the services of another vendor to complete the work. If the COUNTY exercises this authority, the COUNTY shall be responsible for reimbursing the CONTRACTOR for work which was completed and found acceptable to the COUNTY in accordance with the contract specifications. The COUNTY may, at its option, demand payment frorn the CONTRACTOR, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the COUNTY as a result of having to secure the services of another vendor. If the CONTRACTOR fails to honor this invoice or credit memo, the COUNTY may terminate this Agreement for default. 3.7 The CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits to complete the Project/Service. 3.8 The CONTRACTOR shall remain appropriately licensed and/or employ the services of a subcontractor who is appropriately licensed throughout the course of the Project/Service. Failure to maintain all required licenses shall entitle the COUNTY, at its option, to terminate this Agreement. 3.9 Although this Agreement identifies specific facilities to be serviced, it is hereby agreed and understood that any COUNTY department or agency facility may be added to this Agreement at the option of the COUNTY. When required by the pricing structure of the Agreement, the CONTRACTOR shall be invited to submit price quotes for these additional facilities. The additional site(s) shall be added to this Agreement by formal modification. The COUNTY may obtain price quotes for the additional facilities from other vendors in the event that fair and reasonable pricing is not obtained from the CONTRACTOR or for other reasons at the COUNTY's discretion. Although this Agreement identifies specific facilities to be serviced, it is hereby agreed and understood that any COUNTY department or agency may delete service for any facility when such service is no longer required, upon. fourteen (I4) calendar days written notice. 3.10 The CONTRACTOR acknowledges that it has sufficient understanding of the nature and location of the work; the general and local conditions, including but not limited to, those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and uncertainties of weather or similar physical conditions at the site; the character of equipment and facilities needed preliminary to and during the completion of the Project/Service. The CONTRACTOR further acknowledges that the CONTRACTOR has satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by the CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the CONTRACTOR frorn responsibility for adequately evaluating the difficulty or cost of successfully performing the work required, nor shall it be considered a basis for any clairn for additional time or compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this contract, unless such understanding or interpretations are made in writing and incorporated herein by reference. 3.11 The CONTRACTOR shall carefully examine any supplied drawings and/or specifications and be thoroughly aware regarding any and all conditions that may in any manner affect the work to be performed tinder this Agreement. The CONTRACTOR shall visit the site to familiarize themselves with the Project/Service, see existing conditions, and take measurements. No additional allowances will be rnade for lack of knowledge of these conditions. Page 3 of 74 S:IDOCUMENT12016kPROCUI2EMENT116-0214 Restrooms and Precast Buildings116-0214 rTB Precast Restrooms Agreement_LRG 6.10.16.doea Page 76 of 246 3.12 In the event of any conflict between the drawings and specifications contained within this Agreement, the following shall govern: A. Addenda shall supersede all other contract documents to the extent specified in the addenda. Subsequent addenda shall supersede prior to addenda only to the extent specified therein. B. Drawings and specifications are intended to agree and be mutually complete. Any item not contained within the drawings, but contained in the specifications, or vice -versa, shall be provided and/or executed as shown in either the drawing or specification at no extra costs to the COUNTY. Should anything not included in either the drawing and/or the specifications be necessary for the proper construction and/or operation of the Project/Service as herein specified, or should any error or disagreement between the specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit thereby, or use such disagreement counter to the best interests of the COUNTY. The CONTRACTOR shall immediately notify the COUNTY's Project Manager of any discrepancy and await the Project Manager's direction before proceeding with the work in question. 3.13 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: A. All persons employed by the CONTRACTOR during the term of this Agreement to perform employment duties within Lake County; and B. All persons, including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the contract. 3.14 The CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida Statutes, if the Project/Service assigned to the CONTRACTOR is being supported in whole or in part by State funding the CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the Project/Service if state residents have substantially equal qualifications to those of non-residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact the Department of Economic Opportunity to post the employment needs in the State's job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States. Article 4. Payment 4.1 The COUNTY shall pay and the CONTRACTOR shall accept as full and complete payment for the timely and complete performance of its obligations hereunder as provided in the Pricing Schedule which is attached as Attachment C to this Agreement and which is made a part of this Agreement by reference. 4.2 The COUNTY shall provide a single payment for each individual restroom ordered under this Agreement upon delivery, installation, and final acceptance of that facility in all regards. The vendor shall provide a fully documented invoice to the COUNTY user department(s) that requested the units through a purchase order. In addition to the basic information set forth below, the invoices shall identify critical, descriptive data including, but not limited to, model numbers and serial numbers. It shall be understood that such invoices shall not be authorized for payment until such time as a COUNTY representative has inspected and approved the units. Page 4 of 74 S:MOCUMEN7120161PROCUREMENn]6-0214 Restrooms and Precast BuildingsU6-0214 ITB Precast Restroosns Agreement_LRG 6.10.16.doex Page 77 of 246 All invoices shall contain the Agreement and/or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate COUNTY representative. Failure to submit invoices in the prescribed manner will delay payment, and the vendor may be considered in default of contract and its contract may be terminated. Payments shall be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. 4.3 The COUNTY shall make payment on all undisputed invoices in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes, The COUNTY shall not make payment on partial delivery of supplies, services, or materials. 4.4 In the event any part of this Agreement or the Project/Service, is to be funded by federal, state, or other local agency monies, the CONTRACTOR hereby agrees to cooperate with the COUNTY in order to assure compliance with all requirements of the funding entity applicable to the use of the monies, including providing access to and the right to examine relevant documents related to the Project/Service and as specifically required by the Federal or state granting agency, and receiving no payment until all required forms are completed and submitted. A copy of the requirements shall be supplied to the CONTRACTOR by the COUNTY upon request. Article 5. County Responsibilities 5.1 The COUNTY shall designate a County staff member to act as COUNTY's Project Manager. It is agreed to by the parties that the COUNTY's Project Manager will decide all questions, difficulties, or disputes, of whatever nature, which may arise relative to the interpretation of the plans, construction, prosecution and fulfillment of the Scope of Services, and as to the character, quality, amount and value of any work done, and materials furnished, under or by reason of this Agreement. The COUNTY's Project Manager may appoint representatives as desired that will be authorized to inspect all work done and all materials furnished. 5.2 The COUNTY shall pay in accordance with the provisions set forth in this Agreement. 5.3 The COUNTY retains the right to inspect all work to verify compliance with the contract documents. Such inspection may extend to all or any part of the work and to the manufacture, preparation or fabrication of the materials to be used. Article 6. . Construction Provisions 6.1 Intent of the Contract Documents. A. For purposes of this Agreement, the term "contract documents" includes all bid documents, drawings, the Statement of Work, attachments to this Agreement, and provisions within this Agreement, along with any change orders or amendments to this Agreement. B. It is the intent of the contract documents to describe a functionally complete Project/Service which defines the scope of work. Any work, materials, or equipment that may reasonably be inferred from the contract documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, material or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project/Service, whether such reference be specified or by implication, shall mean the latest standard Page 5 of 74 S:IDOCUMEN'R20161PROCUREMENTII6-0214 Restrooms and Precast Buildings\16-0214 tTB Precast Restrowns Agreement_LRG 6.10.16.docx Page 78 of 246 specification, manual, code, law or regulation in effect at the time the work performed, unless specifically stated otherwise herein. C. The contract documents and all referenced standards cited therein are essential parts of the contract requirements. A requirement occurring in one is binding as though occurring in all. 6.2 Errors and Omissions. The CONTRACTOR shall not take advantage of any apparent error or omission in the contract documents. If any error or omission appears in the contract documents, the CONTRACTOR shall immediately notify the COUNTY in writing of such errors or omissions. In the event the CONTRACTOR knows or should have known of any error or omission and failed to provide such notification, the CONTRACTOR shall be deemed to have waived any claim for increased time or compensation the CONTRACTOR may have had and the CONTRACTOR shall be responsible for the results and the costs of rectifying any such error or omission. 6.3 Contractor Personnel. A. The CONTRACTOR shall assure that all personnel are competent, careful and reliable. All personnel must have sufficient skill and experience to perform their assigned task properly and satisfactorily and to operate any equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in the contract documents. B. When the COUNTY determines that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, such person shall be immediately discharged from the Project/Service and shall not again be employed on the Project/Service without the written consent of the COUNTY. Should the CONTRACTOR fail to remove such person or persons, the COUNTY may withhold all payments which are or may become due, or may suspend the work with approval of the COUNTY until such orders are complied with. C. The CONTRACTOR shall at all times have at the Project/Service as its agent a competent superintendent capable and thoroughly experienced in the type of work being performed, who shall receive instructions from the COUNTY. The superintendent shall supervise all trades, direct all Project/Service activities, establish and maintain installation schedules, and provide the COUNTY's Project Manager with progress reports as requested. The superintendent shall have full authority to execute the orders or directions of the COUNTY, and if applicable to supply promptly any materials, tools, equipment, labor and incidentals which may be required. Such superintendent shall be furnished regardless of the amount of work sublet. The CONTRACTOR's superintendent shall speak, write, and understand English and shall be on the job site during all working hours. D. No alcoholic beverages or drugs are permitted on any COUNTY properties. Evidence of alcoholic beverages or drug use by an individual will result in immediate termination from the job site. E. The CONTRACTOR shall maintain a dress code for their employee's with a minimum of shirts, pants, and work shoes/boots, in decent condition, at all times while the work is being performed. Additionally, there may be times in which the COUNTY will require all workers on a particular individual Project/Service to wear ID badges. The COUNTY shall supply the ID badges. If ID badges are necessary, the CONTRACTOR will ensure that all workers employed for that particular Project/Service, whether employed by the CONTRACTOR or a subcontractor, are scheduled, prior to assignment, for an appointment during the COUNTY'S normal working hours with the COUNTY'S Project Manager, to process and receive ID badges. All new workers must be assigned an ID badge prior Page 6 of 74 S:1DOCUMENTi20161PROCUREv1ENT116-0214 Restrooms and Precast Buildings116-0214 iTB Precast Restrooms Agreement —MG 6.10.16.doex Page 79 of 246 to starting work for that Project/Service. The CONTRACTOR shall be aware that it may take up to one (1) week to receive ID badges after required information has been received and pictures have been taken. F. if required by the COUNTY for the Project/Service, the CONTRACTOR shall provide the COUNTY with a complete list of personnel, subcontractors, and representatives of the CONTRACTOR that shall be utilized for the Project/Service. The list shall include a full name, address, telephone number, copy of social security card, and a copy of driver's license/State of Florida identification card/valid passport/valid work visa. Background checks may be performed by the Lake County Sheriff's Office at no expense to the CONTRACTOR, on a Task by Task basis. At no time shall any person associated with the CONTRACTOR he granted access to perform work on COUNTY property prior to a completed background check. All decisions related to the approval of background checks shall be made by the Lake County Sheriff's Office. All decisions are final. The CONTRACTOR must remove any employee, with access to COUNTY facilities, from COUNTY service who is convicted of a felony crime during the time this Agreement is in effect. Failure of the CONTRACTOR to obtain background checks if specified may result in termination of this Agreement. The COUNTY reserves the right to require immediate removal of any employee from COUNTY property it deems unfit for service for any reason. This right is non-negotiable and the CONTRACTOR agrees to this condition by accepting this Agreement. The CONTRACTOR shall have enough qualified people with current background checks so as to be able to provide a replacement within twenty-four (24) hours. 6.4 Subcontractors. A. Within five (5) calendar days after the award of any subcontract, the CONTRACTOR shall deliver to the COUNTY a statement setting forth the name and address of the subcontractor, a summary description of the work subcontracted and a copy of the subcontract. B. The CONTRACTOR shall be fully responsible to the COUNTY for the acts and omissions of the CONTRACTOR's subcontractors and of persons either directly or indirectly employed by them. C. All subcontractors, for as long as the subcontractor is working on the job site, shall have at least one supervisor/foreman on the job site that shall speak and understand English. D. The CONTRACTOR shall cause its subcontractors and suppliers to comply with the Project/Service schedule and applicable sub -schedules. E. Releases of liens from subcontractors shall be required before final payment will be released. 6.5 Completion of the Scope of Services. The CONTRACTOR shall give the work the attention necessary to assure the scheduled progress and shall cooperate fully with the COUNTY and with other contractors on the job site. All work shall be done in accordance with the contract documents. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the COUNTY. 6.6 Emergencies. If required by the Scope of Scopes, the CONTRACTOR shall have a responsible person available at, or reasonably near, the Project/Service on a twenty-four (24) hour basis, seven (7) days a week, who may be contacted in emergencies and in cases where immediate action must be taken to maintain traffic or to handle any other problem that might arise. The CONTRACTOR's responsible Page 7 of 74 S:IDOCUMENT12016\PROCI)REMEN'nl6-0214 Restrooms and Precast Buildings116-0214 iTB Precast Restrooms Agreement LRG 6.10.16.doex Page 80 of 246 person for supervision of emergencies shall speak and understand, both verbally and in writing, the English language. The CONTRACTOR shall submit to the COUNTY's Project Manager, the phone numbers and names of personnel designated to be contacted in cases of emergencies. Included in this list shall be a twenty-four (24) hour contact phone number for all subcontractors, if any, performing work under this Agreement. This list shall contain the name of their supervisors responsible for work pertaining to this Agreement. In the event of an emergency affecting the safety or protection of persons, or the work or property at the Project/Service site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the COUNTY is obligated to act to prevent threatened damage, injury or loss. The CONTRACTOR shall contact the COUNTY as soon as possible by telephone and with written notice as soon as feasible thereafter, but no later than twenty-four (24) hours after the occurrence of the emergency, if the CONTRACTOR believes that any significant changes in the work or variations from the contract documents has occurred. If the COUNTY determines that a change in the contract documents is required because of the action taken in response to an emergency, a change order request shall be issued to document the consequences of the changes or variations. If the CONTRACTOR fails to provide written notice within the twenty-four (24) hour limitation noted above, the CONTRACTOR shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the contract amount or an extension to the contract time. 6.7 Safe . A. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and for complying with all requirements of the Occupational Safety and Health Administration (OSHA) and any other industry, federal, state or local government standards, including the National Institute of Occupational Safety Hazards (NIOSH), and the National fire Protection Association (NFPA). The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to persons or property. The CONTRACTOR shall be aware that while working for the COUNTY, representatives from agencies such as OSHA are invitees and need not have warrants or permission to enter the work site. Any fines levied by the above -mentioned authorities for failure to comply with these requirements shall be borne solely by the CONTRACTOR. B. The CONTRACTOR certifies that all material, equipment, etc. to be used in an individual Project/Service meets all Occupational Safety and Health Administration (OSHA) requirements. The CONTRACTOR further certifies that if any of the material, equipment, etc. is found to be deficient in any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the CONTRACTOR. All standard equipment, work operations, safety equipment, personal protective equipment, and lighting required or mandated by State, federal, OSHA, or Americans with Disabilities Act (ADA) regulations must be provided and used by the CONTRACTOR and its employees C. All safety devices installed by the manufacturer on equipment utilized by the CONTRACTOR on the jobsite shall be in place and in proper working order at all times. If the COUNTY determines that the equipment is deficient in safety devices, the CONTRACTOR shall be notified immediately. The CONTRACTOR shall immediately repair, or remove the equipment from service until the deficiency is corrected to the satisfaction of the COUNTY. D. The COUNTY may periodically monitor the work site for safety. Should there be safety and/or health violations, the COUNTY shall have the authority, but not the duty, to require the Page 8 of 74 S:IDOCUMENT120101PR000REMENT 10-0214 Restrootns and Precast Buildings\[6-0214 1TB Precast Restrooms Agrecment_LRG 6.10.16.doex Page 81 of 246 CONTRACTOR to correct the violation in an expeditious manner. If there is any situation that is deemed unsafe by the COUNTY, the Project/Service will be shut down immediately upon notice and will not resume work until the unsafe condition has been remedied. E. Should the work site be in a hazardous area, the COUNTY shall take reasonable actions to furnish the CONTRACTOR with information concerning hazards such as the types or the identification of known toxic material, machine hazards, Material Safety Data Sheets, or any other information that would assist the CONTRACTOR in the planning of a safe work site. The CONTRACTOR retains the ultimate responsibility to ensure all work is performed in a manner consistent with all applicable safety standards and directives. F. The CONTRACTOR shall erect and maintain, as required by existing conditions and contract performance, safeguards for safety and protection such as barricades, danger signs, a construction fence, and other warnings against hazardous conditions. G. The CONTRACTOR shall be responsible for the removal of all surplus material and debris from the Project/Service site at the end of each work day. All costs associated with clean-up and debris removal shall be included in the lump sum price stated elsewhere herein. The CONTRACTOR shall leave the site clean and neat. All work must be cleaned up prior to the next day of business. At no time shall the specified work interfere with the regular operating hours of Lake County. The CONTRACTOR must have ample cleaning supplies on -site for clean-up. At no time shall the CONTRACTOR use County cleaning supplies or equipment. Upon final completion, the CONTRACTOR shall thoroughly clean-up all areas where work has been involved as mutually agreed with the COUNTY's Project Manager. PLEASE NOTE: If at any time the CONTRACTOR fails to clean up the work area to acceptable levels the COUNTY shall retain outside cleaning services and the actual costs for this service shall be deducted from the CONTRACTOR's final payment with the minimum cost of $50.00 to offset COUNTY time for securing services to properly clean and inspect the site. H. The CONTRACTOR shall confine all equipment, materials and operations to the Project/Service site and areas identified in the Contract documents. CONTRACTOR shall assume all responsibility for any damage to any such area resulting from the performance of the work. I. The CONTRACTOR is responsible for notifying the COUNTY of any hazardous materials used on the work site and providing the COUNTY a copy of the Material Safety Data Sheets (MSDS). Any spillage of hazardous chemicals and/or wastes by the CONTRACTOR shall be reported immediately to the COUNTY and cleaned up in accordance with all State and Federal Regulations. The cost of cleanup of any spillage of hazardous chemicals and/or wastes caused by the CONTRACTOR shall be the sole responsibility of the CONTRACTOR and the COUNTY shall share no responsibility of these costs. A copy of the complete report showing compliance with local, state, and federal agencies shall be given to the COUNTY. If any hazardous chemicals or conditions are discovered during the normal operation, it is the responsibility of the CONTRACTOR to immediately contact the COUNTY with a description and location of the condition. The MSDS shall include the following information: 1. The chemical name and the common name of the toxic substance 2. The hazards or other risks in the use of the toxic substance, including the potential for fire, explosion, corrosiveness, and reactivity. 3. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by the exposure to the toxic substances. Page 9 of 74 S:1DOCUMENMO161PROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6.IO.16.doex Page 82 of 246 4. The primary route of entry and symptoms of exposure. 5. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure; 6. The emergency procedure for spills, fire, disposal and first aid. 7. A description in lay terms of the known specified potential health risks posed by the toxic substance intended to alert any person reading this information. 8. The year and month, if available, that the information was compiled, and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. J. The CONTRACTOR shall designate a competent person of its organization whose duty shall be the prevention of accidents. This person shall be literate and able to communicate fully in the English language because of the necessity to read job instructions and signs, as well as the need for conversing with management personnel. This person shall be the CONTRACTOR's Superintendent unless otherwise designated in writing to the COUNTY'S Project Manager. All communications to the Superintendent shall be as binding as if given to the CONTRACTOR. 6.8 Traffic Maintenance. A. In the event that any of the work is conducted within any public right of way the CONTRACTOR shall be responsible for proper Maintenance of Traffic (MOT). Unless otherwise specified, the standard specifications to be used for the work shall be as promulgated by the Florida Department of Transportation (F.D.O.T). B. Maintenance of traffic shall be the responsibility of the CONTRACTOR, is part of the CONTRACTOR's proposal price, and shall conform to F.D.O.T.'s most current editions of "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION," 2015 edition (or latest edition), or FDOT "ROADWAY AND TRAFFIC DESIGN STANDARDS," 2015 (or latest edition), or FDOT "MANUAL OF UNIFORM MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR STREETS AND HIGHWAYS," 2015 (or latest edition), Federal Highway Administration (FHWA) "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD)," 2015 (or latest edition), and all supplemental specifications thereto. These documents can be ordered from F.D.O.T, Maps and Publications Department, 605 Suwannee Street, Tallahassee, Florida, 32399-0450, or by going to the F.D.O.T. website at: www.dot.state.fl.us/mapsandpublications. C. All costs associated with MOT must be included in the CONTRACTOR's proposal price. No separate line items for MOT will be included in the cost estimate. If the CONTRACTOR does not comply with the F.D.O.T. and the F.H.W.A (i.e. signs, qualified flaggers and/or barricades), the COUNTY reserves the right to direct the CONTRACTOR to cease operation until deficiencies are corrected. In addition, no road closures shall be allowed except in the case of emergencies. D. If the CONTRACTOR feels that assistance From an off duty police officer is needed, it shall be the responsibility of the CONTRACTOR, at the CONTRACTOR's sole cost and expense, to hire and pay for this service. E. All lane closures shall have the prior approval of the COUNTY. F. The foregoing requirements are to be considered as minimum and the CONTRACTOR's compliance shall in no way relieve the CONTRACTOR of final responsibility for providing adequate Page 10 of 74 5:1DOCUMEN1120161PROCUREMEN'nl6-0214 Reslrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.docx Page 83 of 246 traffic control devices for the protection of the public and CONTRACTOR's employees throughout the work area. G. The use of public roads and streets by the CONTRACTOR shall provide a minimal inconvenience to the public and traffic. Furthermore, if the CONTRACTOR is utilizing the road by driving the slow moving equipment, the operator shall allow no more than three (3) vehicles to be backed up behind them at any time before pulling to the side to let traffic pass. 6.9 Underground Utilities. Any required ground digging or subsurface work shall be done in accordance with Chapter 556, Florida Statutes. It shall be the responsibility of the CONTRACTOR to have all underground utilities located before any work shall begin. This can be done by contacting Sunshine State One Call. They may be reached by calling 1-800-432-4770. The repairs of any damaged underground utilities as a result of the work being performed by the CONTRACTOR shall be the responsibility of the CONTRACTOR. The proper utility company shall be contacted immediately to expedite the repairs, if damage has occurred. The COUNTY shall also be notified by telephone at the earliest opportunity and shall be followed up with a written explanation of the incident within two (2) days. 6.10 General Inspection Requirements. A. Due to the nature of this Agreement, the COUNTY shall at the time of establishment of need, require the CONTRACTOR to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangement for CONTRACTOR's inspection of facilities or sites and/or activity schedules may be secured from the user department. Failure to visually inspect the facilities or sites may be cause for disqualification of CONTRACTOR on that individual Project/Service. S. The CONTRACTOR shall furnish the COUNTY with every reasonable accommodation for ascertaining whether the work performed and materials used are in accordance with the requirements and intent of the contract documents. If the COUNTY so requests, the CONTRACTOR shall, at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove unacceptable in the opinion of the COUNTY, the uncovering or removal, and the replacing of the covering or making good of the parts removed, shall be at the CONTRACTOR's expense. However, should the work thus exposed or examined prove acceptable in the opinion of the COUNTY, the uncovering or removing and the replacing or the covering or making good of the parts removed, shall be paid for as unforeseen work. C. If, during or prior to construction operations, the COUNTY should fail to reject defective work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent the COUNTY's later rejection when such defect is discovered, nor obligate the COUNTY to final acceptance or payment, and the CONTRACTOR shall make no claim for losses suffered due to any necessary removals or repairs of such defects. D. If, during or prior to construction operations, the COUNTY rejects any portion of the work on the grounds that the work or materials are defective, the COUNTY shall give the CONTRACTOR notice of the defect, which notice may be confirmed in writing. The CONTRACTOR shall then have seven (7) calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR fails to correct the deficiency within the seven (7) calendar days after receipt of the notice, the COUNTY may take any action necessary, including correcting the deficient work utilizing Page 11 of 74 S:IDOCUMENT120161PROCUREMENnt6-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.docx Page 84 of 246 another contractor, returning any non -compliant goods to the CONTRACTOR at the CONTRACTOR's expense or terminating the contract. The CONTRACTOR shall not assess any additional charge(s) for any conforming action taken by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not conform to the contract specifications. E. Should the CONTRACTOR fail to remove and renew any defective materials used or work performed, or to make any necessary corrections in an acceptable manner and in accordance with the contract requirements, within the time indicated in writing, the COUNTY shall have the authority to cause the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR's expense. Any expense incurred by the COUNTY, whether direct, indirect or consequential, in ]Waking said repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract documents, including an appropriate decrease to the contract amount. Such costs shall include, but not be limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective work and additional compensation due the COUNTY. The CONTRACTOR shall not be allowed an extension of the contract time because of any delay in performance of the Project/Service attributable to the exercise by the COUNTY of the COUNTY's rights and remedies hereunder. If the CONTRACTOR fails to honor the change order, the COUNTY may terminate the contract for default. F. All work performed and all materials furnished shall be in reasonably close conformity with the tolerances indicated in the specifications. In the event the COUNTY'S Project Manager finds the materials or the finished product in which the materials are used and not within reasonably close conformity to the specifications, the COUNTY's Project Manager will then make a determination if the work shall be accepted and remain in place. In this event, the COUNTY's Project Manager will document the basis of acceptance by a change order that will provide for an appropriate deduction as needed in the contract price for such work or materials as the COUNTY's Project Manager deems necessary to conform to the determination based on the COUNTY's Project Manager's professional judgment. G. When the United States Government or the State of Florida is to pay a portion of the cost of construction, the work will be subject to such inspection by federal or state representatives as deemed necessary, but such inspections will in no case make the United States Government or the State of Florida a party to this contract. 6.11 Project/Service Materials and Storage. A. Unless otherwise specified within the contract documents, all materials to be used to complete the Project/Service, except where recycled content is specifically requested, shall be new, unused, of recent manufacture, and suitable for its intended purpose. All goods shall be assembled, fully serviced and ready for operation when delivered. In the event any of the materials supplied by the CONTRACTOR are found to be defective or do not conform to specifications: (I) the materials may be returned to the CONTRACTOR at the CONTRACTOR's expense and the contract cancelled or (2) the COUNTY may require the CONTRACTOR to replace the materials at the CONTRACTOR's expense. B. Materials shall be placed to permit easy access for proper inspection and identification of each shipment. Any material which has deteriorated, become damaged, or is otherwise unfit for use, as determined by the COUNTY, shall not be used in the work, and shall be removed from the site by the CONTRACTOR at the CONTRACTOR's expense. Until incorporated into the work, materials shall be the sole responsibility of the CONTRACTOR and the CONTRACTOR shall not be paid for such Page 12 of 74 5:1DOCUMEN'R20161PROCUREMENTl 16-0214 Restrooms and Precast Buildings\]6-0214 ETB Precast hest€ooms Agreement_LRG 6.10.16.doex Page 85 of 246 materials until incorporated into the work. If any chemicals, materials or products containing toxic substances are to be used at any time, the CONTRACTOR shall furnish a Material Safety Data Sheet to the COUNTY prior to commencing such use. C. All unusable materials and debris shall be removed from the premises at the end of each workday and disposed of in an appropriate manner. 6.12 Time for Completion and Extensions. A. Purchase orders shall be issued for Project/Services to the Contractor. Issuance of a purchase order is not a directive to begin work unless otherwise specified. A written notice to proceed is required for the Contractor to schedule or begin work. Email notice is acceptable. B. The CONTRACTOR shall diligently pursue the completion of the work and coordinate the work being done on the Project/Service by its subcontractors and material suppliers, as well as coordinate the CONTRACTOR's work with the work of other contractors so that the CONTRACTOR's work or the work of others shall not be delayed or impaired. The CONTRACTOR shall be solely responsible for all construction means, methods, techniques, sequences and procedures, as well as coordination of all portions of the work under the contract documents. The time for completion requirements are contained in Article 3.2 above. C. Should the CONTRACTOR be obstructed or delayed in the completion of the work as a result of unforeseeable causes beyond the control of the CONTRACTOR, and not due to the CONTRACTOR's fault or neglect, the CONTRACTOR shall notify the COUNTY in writing within twenty-four (24) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the CONTRACTOR may have had to request a time extension. D. If the CONTRACTOR complies with the twenty-four (24) hour notice requirement, the COUNTY shall ascertain the facts and the extent of the delay being claimed and recommend an extension to the contract time when, in the COUNTY's sole judgment, the findings of fact justify such an extension. The CONTRACTOR shall cooperate with the COUNTY's investigation of the delays by providing any schedules, correspondence or other data that may be required to complete the findings of fact. Extensions to the contract time may be granted only for those delays which impact the CONTRACTOR's construction schedule. Extensions of contract time, if approved by the COUNTY, must be authorized by written change order. 6.13 Changes in the Scope of Services. A. The COUNTY may at any time, by written change order, in accordance with the COUNTY's Purchasing Policy and Procedures, increase or decrease the scope of the work. For changes in work requested by CONTRACTOR, the CONTRACTOR shall prepare and submit change order requests for COUNTY approval. Each change order shall include time and monetary impacts of the change, whether the change order is considered alone or with all other changes during the course of the Project/Service. Both the COUNTY and the CONTRACTOR shall execute the change order. B. The value of such extra work or change shall be determined by the contract unit values, if applicable unit values are set forth in this Agreement. The amount of the change shall be computed from such values and added to or deducted from the contract price. Page 13 of 74 S:IUQCUMENT12016\PROCURI3MEN'BI6-0214 Restrnoms and Precast Btsildingsl16-0214 [TB Precast Restrooms Agreement_LRG 6.10.16.doex Page 86 of 246 C. If the COUNTY and the CONTRACTOR are unable to agree on the change order for requested change, the CONTRACTOR shall, nevertheless, promptly perform the change as directed in writing by the COUNTY. If the CONTRACTOR disagrees with the COUNTY's adjustment determination, the CONTRACTOR must make a claim pursuant to the Claims and Disputes section herein, or else be deemed to have waived any claim on this matter the CONTRACTOR might have otherwise had. D. For work not contemplated by the original Agreement, the amount of an increase shall be limited to the CONTRACTOR's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit, unless otherwise agreed to in writing by the COUNTY. In such case, the CONTRACTOR shall keep and present to the COUNTY an itemized accounting together with appropriate supporting data. In the event such changed work is performed by a subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the CONTRACTOR for all of its overhead and profit, for a total overall maximum markup of fifteen percent (15%) of the amount of changed work. All compensation due the CONTRACTOR and any subcontractor or sub -subcontractor for field and home office overhead is included in the markups listed above. E. The COUNTY shall not be liable to the CONTRACTOR for any increased compensation in the absence of a written change order executed in accordance with COUNTY policy. The payment authorized by such a change order- shall represent full and complete compensation to the CONTRACTOR for labor, materials, incidental expenses, overhead, profit, impact costs and time associated with the work authorized by such change order. F. Execution by the CONTRACTOR of a properly authorized change order shall be considered a waiver of all claims or requests for additional time or compensation for any activities prior to the time of execution related to items included in the change order. G. Upon receipt of an approved change order, changes in the Scope of Services shall be promptly performed. All changes in work shall be performed under the terms and conditions of this Agreement. 6.14 Claims and Disputes. A. Claims by the CONTRACTOR shall be made in writing to the COUNTY within two (2) business days, unless another provision of this Agreement sets forth a different time frame, after the commencement of the event giving rise to such claim or the CONTRACTOR shall be deemed to have waived the claim. All claims shall be priced in accordance with the section in this document entitled "Changes in Work". B. The CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by the CONTRACTOR shall be resolved in the following manner: (1) Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall Page 14 of 74 S:IDOCUMENT120161['ROCUREMENT116-0214 Restrooms and Precast Buildingsl16-0214 [TB Precast Res€rooms Agreeinent_LRG 6.10.16.doex Page 87 of 246 specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. (2) If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, the CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. Claims by the COUNTY against the CONTRACTOR shall be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. Written supporting data shall be submitted to the CONTRACTOR. All claims shall be priced in accordance with the provisions of the section in this document entitled "Changes in Work". The CONTRACTOR shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the matter to mediation as set forth in (C) above. E. Arbitration shall not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve the CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation froth the COUNTY. The CONTRACTOR expressly acknowledges and agrees that the CONTRACTOR shall receive no damages for delay. However, this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 6.15 Acceptance of the Work and Final Pa ment. The work delivered and services rendered under this Agreement shall remain the property of the CONTRACTOR and shall not be deemed complete until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the COUNTY and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased under this Agreement may be tested/inspected for compliance with the specifications listed. A. Final Inspection. When all materials have been furnished, all work has been performed, and the construction contemplated by the contract has been satisfactorily completed, the COUNTY shall make the final inspection. The final inspection shall be completed within five (5) business days of receipt of notification from the CONTRACTOR that the Project/Service is ready. The COUNTY shall notify the CONTRACTOR if necessary of any deficiencies with the Project/Service, and the CONTRACTOR shall correct all deficiencies before final acceptance and payment is made. B. Maintenance of Work. The CONTRACTOR shall maintain all work in as -new condition until the final inspection is completed and the work is accepted by the COUNTY. All insurance shall be maintained until final acceptance by the COUNTY. C. Final Acceptance. When the Project/Service or any portion thereof, as designated by the COUNTY, is ready for its intended use, the COUNTY and any other invited parties shall make an inspection of the Project/Service, to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. The CONTRACTOR shall have ten (10) calendar days to correct all deficiencies. An eighty dollar ($80.00) re -inspection fee shall be applied for Page 15 of 74 S:\DOCUMENT12016\PltOCUREMFNT�16-0214 Restrooms and Precast Buildings116-0214 1'rB Precast Restrooms Agreement LRG 6.10.16.doex Page 88 of 246 the third inspection and any required re -inspection thereafter. The COUNTY shall have the right to exclude the CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that the CONTRACTOR will have reasonable access for the time allotted by the COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by the CONTRACTOR, and the final inspection has been made by the COUNTY, a final invoice will be prepared by the CONTRACTOR. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to the CONTRACTOR in accordance with Article 4 of this Agreement, and after the CONTRACTOR has agreed in writing to accept the balance due, as determined by the COUNTY, as full settlement of the account under the contract and of all claims in connection therewith. Occupancy by the COUNTY alone does not constitute final acceptance. D. Waiver of Claims. The CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims by the CONTRACTOR against the COUNTY arising out of the contract or otherwise related to the Project/Service, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance of the work nor payment by the COUNTY shall be deemed a waiver of the COUNTY's rights to enforce any continuing obligations of the CONTRACTOR or to the recovery of damages for defective work not discovered by the COUNTY at the time of final inspection. E. Termination of Contractor's Responsibilities. This Agreement will be considered complete when all work has been completed and accepted by the COUNTY and all warranty periods have expired. The CONTRACTOR will then be released from further obligation except as set forth in this Agreement. F. Recovery Rights Subsequent to Final Payment. The COUNTY reserves the right, should an error be discovered in the invoice, or should proof of defective work or materials used by or on the part of the CONTRACTOR be discovered after the final payment has been made, to claim and recover from the CONTRACTOR by process of law, such sums as may be sufficient to correct the error or make good the defects in the work and materials, including any fees or costs associated with the additional services of the COUNTY. 6.16 Warranties. All warranties shall begin on the date of the COUNTY's acceptance and shall last for a period of twelve (12) months unless otherwise specified in the scope of services, plans or specifications. The CONTRACTOR shall obtain and assign to the COUNTY all express warranties given to the CONTRACTOR or any subcontractors by any material suppliers, equipment or fixtures to be incorporated into the Project/Service. The CONTRACTOR warrants to the COUNTY that any materials and equipment furnished under the contract documents shall be new unless otherwise specified, and that all work shall be of good quality, free from defects and in conformance with the contract documents. The CONTRACTOR further warrants to the COUNTY that all materials and equipment furnished under the contract documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for the contract documents. This warranty requirement shall remain in force for the full period identified above, regardless of whether CONTRACTOR is still under contract at the time of the defect. These warranties are in addition to those implied warranties to which the COUNTY is entitled as a matter of law. Further, a specific warranty period is included as a requirement as follows: A. If sod is used as part of an individual Project/Service, it shall be warranted to be free of noxious and invasive weeds, disease, and insects. If pests and/or noxious weeds manifest themselves within sixty (60) days of placement of the sod, the CONTRACTOR shall treat the affected Page 16 of 74 S:IDOCIJMEN']12016TROCUREMEN"I116-0214 Restrooms and Precast Buildings116-0214 IB Precast Restrooms Agreemeni—LRG 6.10.16.doex Page 89 of 246 areas. The process for treating these areas shall be approved by the COUNTY. If the sod does not meet any of the required specifications, the CONTRACTOR shall be responsible to replace it at no expense to the COUNTY. It shall be the responsibility of the CONTRACTOR to insure that the sod is sufficiently established as described as specified in the scope of services, plans, or specifications. If the sod dies or does not become established the CONTRACTOR shall be responsible for the replacement at no cost to the COUNTY. B. Correcting Defects Covered Under Warranty. The CONTRACTOR shall be responsible for promptly correcting any deficiency, at no cost to the COUNTY, within five (5) calendar days after the COUNTY notifies the CONTRACTOR of such deficiency in writing. If the CONTRACTOR fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the COUNTY may, at its discretion, notify the CONTRACTOR in writing that the CONTRACTOR may be debarred as a COUNTY vendor, and/or become subject to contractual default if the corrections or replacements are not completed to the satisfaction of the COUNTY within five (5) calendar days of receipt of the notice. If the CONTRACTOR fails to satisfy the warranty within the period specified in the notice, the COUNTY may (a) place the CONTRACTOR in default of its contract and/or (b) procure the products or services from another source and charge the CONTRACTOR for any additional costs that are incurred by the COUNTY for this work or items, either through a credit memorandum or through invoicing. 6.17 Liquidated Damages. Unless otherwise agreed to, weather events are specifically excluded as excused cause for delay under this agreement and no additional days shall be given for rain days. If the deficiencies have been noted and the remedies have not been completed within the contracted time, the COUNTY may send out a notification notifying the CONTRACTOR of assessment of Liquidated Damages that can be applied for any day over the time allowed under this Agreement. The COUNTY and the CONTRACTOR recognize that, since time is of the essence for this agreement, the COUNTY will stiffer financial loss if the work is not completed within the time specified. The COUNTY will be entitled to assess, as Liquidated Damages, but not as a penalty, for each calendar day after the scheduled completion date the Project/Service continues. The Project/Service shall be deemed to be completed on the date the work is considered complete to the satisfaction of the COUNTY. The CONTRACTOR hereby expressly waives and relinquishes any right which it may have to seek to characterize the Liquidated Damages as a penalty. The parties agree that the Liquidated Damages sum represents a fair and reasonable estimate of the COUNTY'S actual damages at the time of contracting if the CONTRACTOR fails to complete the work in a timely manner. The Liquidated Damages shall be as follows: Specific Project/Service Amount $5,000 and under Over $5,000 but less than $10,000........................ $10,000 or more but less than $20,000 ................. $20,000 or more but less than $30,000 ................. $30,000 or more but less than $40,000 ................. $40,000 or more but less than $50,000 ................. $50,001 or more Daily Charge Per Calendar Da .......................................... $ 25 .......................................... $ 65 ......................................... $ 91 ......................................... $121 ......................................... $166 ......................................... $228 $250 The COUNTY shall retain from the compensation to be paid to the CONTRACTOR the above described sum. Any CONTRACTOR that is in default for not completing the work within the time specified, at the Page 17 of 74 S:IDOCUMEN'1A2016TR000REMENT116-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement_LRG & 10.16.doex Page 90 of 246 option of the COUNTY, may not permitted to perform work for the COUNTY until the Project/Service is complete and the liquidated damages sum is satisfied. 6.18 Sanitation. If the Project/Service does not involve interior work, the CONTRACTOR shall be required to provide and maintain adequate sanitary conveniences for the use of persons employed for the Project/Service. These conveniences shall be maintained at all times without nuisance, and their use shall be strictly enforced. The location of these conveniences shall be subject to the COUNTY's Project Manager's approval. All such facilities shall be installed and maintained in accordance with applicable federal, state, and local laws. 6.19 Submittals and Equal Products. A. Submittals of products required for the Project/Service assigned to the CONTRACTOR hereunder, shall be supplied to the COUNTY for pre -approval prior to the start of the work. These documents shall be provided to the COUNTY at least one (1) week before the installation. B. If a product or service requested by the COUNTY for the Project/Service has been identified in the specifications by a brand name, and has not been notated as a "No Substitute," item, such identification is intended to be descriptive and not restrictive, and is to indicate the quality and characteristics of product or service that will be acceptable. If the CONTRACTOR offers an alternate product or service for consideration, such product must be clearly identified by the CONTRACTOR to the COUNTY. The COUNTY shall make a determination whether the alternate meets the salient characteristics of the specifications. An alternate product will not be considered for any item notated "No Substitute." C. Unless the CONTRACTOR clearly indicates in its response that it is proposing an alternate product, the response shall be considered as offering the same brand name referenced in the specifications. If the CONTRACTOR proposes to furnish an alternate product or service, the brand name of the product or service to be furnished shall be clearly identified. A formal submittal for the alternate/shop drawings shall be submitted. The evaluation of the alternate and the determination as to acceptability of the alternate product or service shall be the responsibility of the COUNTY and will be based upon information furnished by the CONTRACTOR. The COUNTY will not be responsible for locating or securing any information which is not included in the CONTRACTOR's response. To ensure that sufficient information is available, the CONTRACTOR shall furnish as part of the bid or proposal all descriptive material by providing the manufacturer specification sheets so the COUNTY can make an informed determination whether the product offered meets the salient characteristics required by the specifications. Failure to do so will require the use of the specified products. 6.20 Fees. The following is a list of fees that may be assessed to the CONTRACTOR during the term of this Agreement. These fees are assessed to help offset the additional costs associated with COUNTY labor and vehicle usage required for unnecessary inspections or missed appointments. The fees, if any, shall be deducted from the final invoices. A. Failure to respond to emergency calls $250.00/day B. Late to emergency calls $36.00/hour C. Failure to provide documents or reports $75.00/day Any re -inspection fee charged to the COUNTY by other agencies having jurisdiction over the Project/Service, shall additionally be charged back to the CONTRACTOR. Page 18 of 74 S:IDOCUMENT120161PROCIJItEMENTl16-0214 Restrooms and Precast Buildings116-0214 ri'B Precast Restrooms Agreement_LRG 6.10.16.docx Page 91 of 246 6.21 Furnish and Install Requirements. The specifications and/or statement of work contained within this Agreement describe the various functions and classes of work required as necessary for the completion of the Project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the CONTRACTOR from furnishing, installing or performing such work where required for the satisfactory completion of the Project. The CONTRACTOR shall also be required to provide adequate general user training to COUNTY personnel on the appropriate use of the materials or products as and if necessary. 6.22 Labor Materials and Equipment Shall be Supplied by the Contractor. Unless otherwise stated in this solicitation the CONTRACTOR shall furnish all labor, material and equipment necessary for satisfactory performance under this Agreement. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the COUNTY's Project Manager. Article 7. Special Terms and Conditions 7.1 Termination. This Agreement may be terminated by the COUNTY upon ten (10) calendar days advance written notice to the other party; but if any work, service or task hereunder is in progress but not completed on the date of termination, then this Agreement may be extended upon written approval of the COUNTY until said work, service or task is completed and accepted. A. Termination for Convenience. In the event this Agreement is terminated or cancelled upon the request and for the convenience of the COUNTY with the required ten (10) calendar day advance written notice, the COUNTY shall reimburse the CONTRACTOR for actual work satisfactorily completed. B. Termination for Cause. Termination by the COUNTY for cause, default, or negligence on the part of the CONTRACTOR shall be excluded from the foregoing provision. Termination costs, if any, shall not apply. The ten (10) calendar day advance notice requirement is waived in the event of termination for cause. C. Termination Due to Unavailability of Funds in Succeeding Fiscal Years. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, this Agreement shall be canceled and the CONTRACTOR shall be reimbursed for the reasonable value of any non -recurring costs incurred but not amortized in the price of the supplies or services/Tasks delivered under this Agreement. 7.2 Assignment of A reern This Agreement shall not be assigned except with the written consent of the COUNTY's Procurement Services Director. No such consent shall be construed as making the COUNTY a party to the assignment or subjecting the COUNTY to liability of any kind to any assignee. No assignment shall under any circumstances relieve the CONTRACTOR of liability and obligations under this Agreement and all transactions with the COUNTY must be through the CONTRACTOR. Additionally, unless otherwise stipulated herein, the CONTRACTOR shall notify and obtain prior written consent from the COUNTY prior to being acquired or subject to a hostile takeover. Any acquisition or hostile takeover without the prior consent of the COUNTY may result in termination of this Agreement for default. Page 19 of 74 S:IDOCUMEN'l\20161PROCUREMEN'I116-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Itestrooms Agrecroent_LIM 6.10.16.docx Page 92 of 246 7.3 Insurance. A. The CONTRACTOR shall purchase and maintain at all times during the term of this Agreement, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the CONTRACTOR under the terms and provisions of the Agreement. An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County prior to contract execution and/or before any work begins. The parties agree that the policies of insurance and confirming certificates of insurance shall insure the CONTRACTOR is in accordance with the following minimum limits: (i) General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/2,000,000 Products -Completed Operations $2,000,000 Personal & Adv. Injury $1,000,000 Fire Darnage $50,000 Medical Expense $5,000 Contractual Liability Included (ii) Automobile liability insurance, including owned, non -owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 (iii) Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law requiring workers' compensation (Federal, maritime, etc). if not required by law to maintain workers compensation insurance, the vendor must provide a notarized statement that if he or she is injured, he or she will not hold the County responsible for any payment or compensation. (iv) Employers Liability with the following minimum limits and coverage: Each Accident Disease -Each Employer Disease -Policy Limit $1,000,000 $1,000,000 $1,000,000 (v) Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and Page 20 of 74 S:IDOCUMENI12016IPROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agrcement_LRG 6.10.16.docx Page 93 of 246 omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. B. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear all applicable policies. C. Certificate(s) of insurance shall provide for a ►ninimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. D. Certificate(s) of insurance shall identify the ITB number in the Description of Operations section of the Certificate. E. Certificate of insurance shall evidence a waiver of subrogation in favor of the COUNTY, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. F. Certificate holder shall be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 G. All self -insured retentions shall appear on the certificate(s) and shall be subject to approval by the COUNTY. At the option of the COUNTY, the insurer shall reduce or eliminate such self -insured retentions; or the CONTRACTOR shall be required to procure a bond guaranteeing payment of losses and related claims expenses. H. The COUNTY shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention shall be the sole responsibility of the CONTRACTOR and/or subcontractor providing such insurance. I. The CONTRACTOR shall be responsible for subcontractors and their insurance. Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and terms in accordance with the Contractor's requirements. J. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. K. Neither approval by the COUNTY of any insurance supplied by the CONTRACTOR, nor a failure to disapprove that insurance, shall relieve the CONTRACTOR of full responsibility of liability, damages, and accidents as set forth herein. 7.4 Indemnity. The CONTRACTOR shall indemnify and hold the COUNTY and its agents, officers, commissioners or employees harmless for any damages resulting from failure of the CONTRACTOR to take out and maintain the above insurance. Additionally, the CONTRACTOR agrees for good and valuable consideration in the amount of ten dollars ($10.00) to indemnify, and hold the Board of County Commissioners, Lake County, Florida, and its officers, commissioners, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional Page 21 of 74 S:IDOCUMENTC016IPROCUREMENT\16-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agreernent_LRG 6.10.16.doex Page 94 of 246 fees or other expenses or liabilities resulting from the negligent act, error or omission of the CONTRACTOR, its agents, employees or representative, in the performance of the CONTRACTOR's duties set forth in this Agreement. 7.5 Independent Contractor. The CONTRACTOR, and all its employees, agree that they shall be acting as an independent contractor and shall not be considered or deemed to be an agent, employee, joint venturer, or partner of the COUNTY. The CONTRACTOR shall have no authority to contract for or bind COUNTY in any manner and shall not represent itself as an agent of the COUNTY or as otherwise authorized to act for or on behalf of the COUNTY. Additionally, the CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon on resulting from the award or making of this Agreement. 7.6 Return of Materials. Upon the request of the COUNTY, but in any event upon termination of this Agreement, the CONTRACTOR shall surrender to the COUNTY all memoranda, notes, records, drawings, manuals, computer software, and other documents or materials pertaining to the services hereunder, that were furnished to the CONTRACTOR by the COUNTY pursuant to this Agreement. 7.7 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list fallowing a conviction of a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes, section 287.017 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.8 Conflict of Interest. CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement, or which would violate or cause others to violate the provisions of Part 111, Chapter 112, Florida Statutes, relating to ethics in government. Further, CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY has any material interest either directly or indirectly in the business of CONTRACTOR conducted here and that no such person shall have any such interest at any time during the term of this Agreement unless approved by the COUNTY. 7.9 Retaining Other Contractors. Nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. While the COUNTY has listed all major items which are utilized by County departments in conjunction with their operations, there may be similar or ancillary items that must be purchased by the COUNTY during the term of this Agreement. Under these circumstances, a County representative will contact the CONTRACTOR to obtain a price quote for the similar or ancillary items. The COUNTY reserves the right to award these ancillary items to the CONTRACTOR, another vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. 7.10 Accuracy. The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all the services furnished hereunder. The CONTRACTOR shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in resulting from the services provided herein. Page 22 of 74 S:kl)OCUMENT120161PROCUREMENTU6-0214 Restrooms and Precast Buildingsl16-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.docx Page 95 of 246 7.11 Additional Services. Services not specifically identified in this Agreement may be added to the Agreement upon execution of a written amendment. The COUNTY reserves the right to award any additional services to the CONTRACTOR or to acquire the items from another vendor through a separate solicitation. 7.12 Right to Audit. The County reserves the right to require CONTRACTOR to submit to an audit by any auditor of the COUNTY's choosing. CONTRACTOR shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available to the COUNTY for three (3) complete calendar years following expiration of the Agreement. CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by the COUNTY to ensure compliance with applicable accounting and financial standards. This provision is hereby considered to be included within, and applicable to, any subcontractor agreement entered into by the CONTRACTOR in performance of any work hereunder. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the CONTRACTOR to the COUNTY in excess of one percent (1%) of the total contract billings, in addition to leaking adjustments for the overcharges, the reasonable actual cost of the COUNTY's audit shall be reimbursed to the COUNTY by the CONTRACTOR. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records shall be made within a reasonable amount of time, but in no event shall the time exceed ninety (90) calendar days, from presentation of the COUNTY's audit findings to the CONTRACTOR. 7.13 Public Records, A. All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the contractor for or on behalf of the COUNTY shall be the property of the COUNTY and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records available for inspection by any person even if the file or paper resides in the CONTRACTOR's office or facility. The CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the Project/Service has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the contract, the CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the Contracting Officer. B. Any copyright derived from this Agreement shall belong to the author. The author and the CONTRACTOR shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and all information provided by the CONTRACTOR in any deliverable and/or report for the COUNTY's use which may include publishing in COUNTY documents and distribution as the COUNTY deems to be in the COUNTY's best interests. If anything included in any deliverable limits the rights of the COUNTY to use the information, the deliverable shall be considered defective and not acceptable and the CONTRACTOR will not be eligible for any compensation. C. Pursuant to Section 119.0701, Florida Statutes, the CONTRACTOR shall comply with the Florida Public Records' laws, and shall: 1. Keep and maintain public records required by the COUNTY to perform the services identified herein. Page 23 of 74 S:IDOCLJMENMO161PROCJREMENT 16-0214 Restrooms and Precast BuildingsA6-0214 1TB Precast Restrooms Agreement_LRG 6.10.16.doex Page 96 of 246 2. Upon request from the COUNTY's custodian of public records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to COUNTY. 4. Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT LAKE COUNTY PROCUREMENT SERVICES, 352-343- 9839, 315 W. MAIN STREET, TAVARES, FLORIDA 32778, bschwartzman@lakecountyfl.gov. Failure to comply with this subsection shall be deemed a breach of the contract and enforceable as set forth in Section 119.0701, Florida Statutes. 7.14 Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of nature, acts or omissions of the other party, Government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 7.15 Business Hours of Operation. Unless otherwise specified in the technical specifications, all work performed shall be accomplished between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, and no work shall be performed on Saturdays, Sundays, or County Holidays, unless permission to work has been requested in writing by the CONTRACTOR and approval, in writing, has been granted by the COUNTY. Request for permission to work must be received by the COUNTY no less than two (2) days prior to the requested workday. The exception to this pre -approval requirement would be in the case of an emergency in which the emergency specification as outlined in General Terms and Conditions, Section 3, Emergencies, would apply. County Holidays are as follows: New Year's Day; Martin Luther King, Jr. Page 24 of 74 S:1DOCUMENT12016\PROCUREMEN`nl6-0214 Restrooms and Precast Buildingsk16-0214 ITB Precast Restrooms AgreementLRG 6.10.16.docx Page 97 of 246 Day; Presidents' Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; and Christmas Day. Special schedules may be established if necessary because of problems with noise or similar difficulties affecting other County facilities, County operations, or citizens in homes or buildings/rooms adjacent to the work being completed. When the CONTRACTOR requests and is approved for Saturday, Sunday or Holiday work, the COUNTY may assess the CONTRACTOR the sum of Two Hundred Fifty Dollars ($250.00) per man per day for each Saturday, Sunday or recognized Holiday worked or planned to work. These fees will be deducted from the final invoice. 7.16 Minimum Wage. The wage rate paid to all laborers, mechanics and apprentices employed by CONTRACTOR for the work under the Agreement shall not be less than the prevailing wage rates for similar classifications of work as established by the federal government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24(f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. 7.17 Protection of Property. All existing structures, utilities, services, roads, trees, shrubbery and property in which the COUNTY has an interest shall be protected against damage or interrupted services at all times by the CONTRACTOR during the term of this contract, and the CONTRACTOR shall be held responsible for repairing or replacing damaged property to the satisfaction of the COUNTY which is damaged by reason of the CONTRACTOR's operation on the property. In the event the CONTRACTOR fails to comply with these requirements, the COUNTY reserves the right to secure the required services and charge the costs of such services back to the CONTRACTOR. All items damaged as a result of CONTRACTOR or subcontractor operations belonging to third parties, such as but not limited to: sidewalks, irrigation, curbs, pipes, drains, water mains, pavement, mail boxes, turf, signs, or other property shall either be repaired or replaced by the CONTRACTOR, at the CONTRACTOR's expense, in a manner prescribed by, and at the sole satisfaction of the COUNTY. Furthermore, if the Project/Service is to be completed within COUNTY facilities, the CONTRACTOR shall be responsible for repairing or replacing any portion of any COUNTY facility, whether interior or exterior, damaged by reason of the CONTRACTOR's operation within the property. In the event the CONTRACTOR fails to comply with these requirements, the COUNTY reserves the right to secure the required services and charge the costs of such services back to the CONTRACTOR. All items within a facility belonging to third pat -ties, or to commissioners, officers, employees, leasees, invitees, or agents of the COUNTY, including but not limited to personal items and/or furniture shall either be repaired or replaced by the CONTRACTOR, at the CONTRACTOR's expense, in a manner prescribed by, and at the sole satisfaction of the COUNTY. 7.18 Risk of Loss. The CONTRACTOR assumes the risk of loss of damage to the COUNTY'S property during possession of such property by the CONTRACTOR, and until delivery to and acceptance of that property to the COUNTY. The CONTRACTOR shall immediately repair, replace or make good on the loss or damage without cost to the COUNTY, whether the loss or damage results from acts or omissions, negligent or otherwise, of the CONTRACTOR or a third party. 7.19 Accident Notification. If in the course of completing work as part of this Agreement there is an accident that involves the public, the CONTRACTOR shall as soon as possible inform the COUNTY of the incident by telephone. The CONTRACTOR shall follow up in writing within two (2) business days of the incident. If Law Enforcement was involved and has written a report, the CONTRACTOR shall forward a copy of the report to the COUNTY. Page 25 of 74 S:WOCUMENT120161PROCtJREMENT116-0214 Restrooms and Precast Buildings116-0214 rrB Precast Restrooms Agreement_LRG 6.10.16.doex Page 98 of 246 Article 8. Miscellaneous Provisions 8.1 This Agreement is made under, and in all respects shall be interpreted, construed, and governed by and in accordance with, the laws of the State of Florida. Venue for any legal action resulting from this Agreement shall lie in Lake County, Florida. 8.2 Neither party may assign any rights or obligations under this Agreement to any other party unless specific written permission from the other party is obtained. 8.3 The captions utilized in this Agreement are for the purposes of identification only and do not control or affect the meaning or construction of any of the provisions hereof. 8.4 This Agreement shall be binding upon and shall inure to the benefit of each of the patties and of their respective successors and permitted assigns. 8.5 This Agreement may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. 8.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of this Agreement. 8.7 During the term of this Agreement the CONTRACTOR assures the COUNTY that it is in compliance with Title V11 of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and agrees that this Agreement is conditioned upon the veracity of this statement of assurance. 8.8 The CONTRACTOR shall at all times comply with all Federal, State and local laws, rules and regulations. 8.9 The employee(s) of the CONTRACTOR shall be considered at all times its employee(s) and not an employee(s) or agent(s) of the COUNTY. The CONTRACTOR shall provide employee(s) capable of performing the work as required. The COUNTY may require the CONTRACTOR to remove any employee it deems unacceptable. 8.10 Any individual, corporation, or other entity that attempts to meet its contractual obligations with the COUNTY through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years. The COUNTY as a further sanction may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 8.11 With the consent of the CONTRACTOR, other agencies may make purchases in accordance with the contract. Any such purchases shall be governed by the salve terms and conditions as stated herein with the exception of the change in agency name. In addition, although this solicitation is specific to a County Department, it is agreed and understood that any County department may avail itself of this contract and purchase any and all items specified herein at the contract price(s) established herein. A Page 26 of 74 S:IDOCUMENT120161PROCUREMENT116-0214 Restrooms and Precast BuildingsU6-0214 ITB Precast Restrooms Agreement LRG 6.10.16.doex Page 99 of 246 contract modification shall be issued by the County identifying the requirements of the additional County department(s). 8.12 The CONTRACTOR shall act as the prime contractor for all required items and services and shall assume full responsibility for the procurement and maintenance of such items and services. The CONTRACTOR shall be considered the sole point of contact with regards to all stipulations, including payment of all charges and meeting all requirements of this Agreement. All subcontractors will be subject to advance review by the COUNTY in terms of competency and security concerns. No change in subcontractors shall be made without consent of the COUNTY. The CONTRACTOR shall be responsible for all insurance, permits, licenses and related matters for any and all subcontractors. Even if the subcontractor is self -insured, the COUNTY may require the CONTRACTOR to provide any insurance certificates required by the work to be performed. 8.13 The CONTRACTOR shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. 8.14 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.15 Wherever provision is made in this Agreement for the giving, service or delivery of any notice, statement or other instrument, such notice shall be in writing and shall be deemed to have been duly given, served and delivered, if delivered by hand or mailed by United States registered or certified mail or sent by facsimile, addressed as follows: If to CONTRACTOR: Shawn B. Thomas, Vice President Leesburg Concrete Company, Inc. 1335 Thomas Avenue Leesburg FL 34748 If to COUNTY: County Manager County Administration Building 315 West Main Street, Suite 308 Post Office Box 7800 Tavares, Florida 32778-7800 Fax: 352-343-5618 Each party hereto may change its mailing address by giving to the other party hereto, by hand delivery, United States registered or certified mail notice of election to change such address. Article 9. Scope of Agreement 9.1 This Agreement is intended by the parties hereto to be the final expression of their Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. Any items not covered under this contract will need to be added via written addendum, and pricing negotiated based on final specifications. 9.2 This Agreement contains the following Attachments, all of which are incorporated herein: Attachment A Scope of Services Attachment B Addendums Attachment C Pricing Page 27 of 74 5:\DOCUMEN"t12016NPROCURI MENTl16-0214 Restrooms and Precast 13uildings116-0214 r[B Precast Restrooms Agreement —LAC 6.10.16.docx Page 100 of 246 Agreement between Lake County, Florida and Leesburg Concrete Company, Inc. for Purchase and Installation of Pre -Cast Concrete Restrooms at County Parks; ITB #16-0214 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COUNTY through its Board of County Commissioners, signing by and through its Chair and by CONTRACTOR through its duly authorized representative. ATTEST: Neil Celly, erk f the Boar of Cou ty mmis ione of Lake County, Florida Approved as to form and legality: �fY W'4X Melanie Marsh County Attorney CONTRACTOR By: Shawn B. Thomas, Vice President Leesburg Concrete Company, Inc. License #: MFG8760009503; CSC 1254153 COUNTY Sean M. Parks Chairman �r I This 1 / day of 20&. Page 28 of 74 S:1DOCUMENTV0161PROCUREMF-NTl16-0214 Restrooms and Precast BuildingsM-0214 ITB Precast Restrooms AgreementLRG 6.10,16.doex Page 101 of 246 ATTACHMENT A: SCOPE OF SERVICES Provide and Install Pre -Cast Concrete Restrooms and Other Buildings General The awarded contractor shall provide, furnish, and install precast concrete restrooms and other building(s) as individually ordered by the County and in accordance with all direction included in Attachment 2 of this solicitation. The structures shall be delivered and placed on a contractor - provided stone foundation constructed in full accordance with manufacturer's recommendations. The building is to be provided to the contractor by the manufacturer, in conformance with the manufacturer's structural requirements, with all necessary openings specified by contractor. Although this effort is primarily focused on structures to be installed at Lake County parks, the resulting contract may be utilized by other Lake County government departments. All work under the contract shall be performed in conformance with all aspects of this Scope of Services and the drawings and specifications provided at Attachment 2. Although a specific manufacturer and specific model designations are stated in Attachment 2, the County will consider equal products from alternate sources in the manner described in solicitation provision 1.24. In addition, vendors proposing alternate products are to provide engineering calculations/drawings designed and sealed by a professional engineer licensed to practice in the State of Florida in support of any proposed alternate structure. Estimated Permit Fees for the Proposed Work Stated Above. For each pre -fabricated (modular) building, the fees are estimated at the following levels presuming each installation falls under County jurisdiction. Given a square footage of 228 square foot the structures should fall under the commercial minimum of $150.00 for the structure, $75 for the plumbing and the OTF/Trust fees of $9.00. The estimated per unit permit fee totals $231.76. The Building Services Division will need plans, for revieiv before issuing permits. This process is more than a one day turn around. For questions regarding building perrrrits please contact Building Services Division at (352) 343-9653. Page 29 of 74 s:IDOC13MENTVO]61PROCUREMENn[6-0214 Restraonts and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.docx Page 102 of 246 ATTACHMENT 2 INVITATION TO BID 16-0214 SPECIFICATIONS AND DRAWINGS FOR PROVISION AND INSTALLATION OF RESTROOMS AND OTHER PRECAST BUILDINGS Aa LAKE COUNTY I LORIDA LAKE COUNTY PARKS AND TRAILS Page 30 of 74 S:IDOCUMEN'112016TROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 TTB Precast Restrooms Agrecmcnt_LRG 6.10.16.docx Page 103 of 246 Table of Contents Drawings and Specifications for Restrooms and other Pre -cast Buildings Lake County, Florida Section 1. Finish Options Section 2. Precast Concrete Buildings Specifications for the Precast Concrete Building Drawing 1: 10' x 12' x 8'h storage building layout and elevation Drawing 2: 30' x 8' x 8'h dugout layout and elevation Drawing 3: 31' x 8' x 8'h dugout with storage layout and elevation Section 3. Precast Concrete Dry Vault Restrooms Specifications for the Precast Concrete Dry Vault Restroomn Drawing 4: Blue Ridge5ingle Dry Vault Restroom Drawing 5: Sierra Outback Double Dry Vault Restroom Section 4. Precast Concrete Plumbed Restrooms Specifications for the Precast Concrete Plumbed Restroom Drawing 6: Logan Single Plumbed Restroom Drawing 7: Carson Double Plumbed Restroom Drawing 8: Sierra Outback Double Plumbed Restroom Drawing 9: Nortldake Triple Plumbed Restroom Drawing 10: The Volusia 6 stall Plumbed Restroom Drawing 11: 20' x 24' x 8'h Concession with Four Stall Restroom drawing 12: 24' x 30' x 811 Concession with Eight Stall Restroom Section 5. Site Assembled Precast Panelized Building Specifications for the Site Assembled Precast Panelized Building Drawing 13: 20' x 24' p.43 Drawing 14: 20' x 30' p.44 Page 31 of 74 S:IDOCUMENTV0161PROCUREMEN7116-0214 Restrooms and Precast Buiidings116-0214 ITB Precast Restronms Agrccment LRG 6.10.16.docx Page 104 of 246 Section 1 Finish O tious Split Face Block Stucco Barn Board Lap Siding Page 32 of 74 S:IDOCUMEN'MO161PROCUREMEN't116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agreement_LRC, 6.10.16.docx Page 105 of 246 SECTION 2 Precast Concrete Buildings Specifications for the Precast Concrete Building Drawing 1: 10' x 12' x 8% storage Wilding layout and elevation Drawing 2: 30' x 8' x 8'h dugout layout and elevation Drawing 3: 31' x 8' x 8'11 dugout with storage layout and elevation Page 33 of 74 S:IDOCUMENTt20161PROCIJREMEN"I116-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement_LRO 6,10.16.doex Page 106 of 246 PRECAST CONCRETE BU3LDING PART 1- GENERAL 1.01 SUMMARY Contractor or manufacturer to furnish a turn key precast concrete building to be brought to the site in assembled modules or site assembled depending on size and set upon a level and compacted granular rock sub -rase with up to a 100 ton crane, all included in the bid price. All site clearing and rough grading to within 6 inches of level are done by owner, excavation for sub -base to be done by contractor or manufacturer. To be an EasiSet/FasiSpan Building as manufactured by Leesburg Concrete Company Incorporated. Contractor or Manufacturer will pull all permits and connect to utilities, if ally, that are stubbed no more than 25' from the desired install location; utilities located further than 25will be individually negotiated. 1.02 QUALITY ASSURANCE A. Florida DBPR Insignia required. Section 553, Part I F.S. B. ACI-318-08, 'Building Code Requirements for Reinforced Concrete". concrete Reinforcing Institute, -Manual of Standard Practice". C. ANSI/ASCE 7-10 'Building Code Requirement for Minimum Design Loads in Buildings and Other Structures'. D. f torida Building Code 2014 E. IBC 2012 F. Concrete Reinforcing institute. Manual of Standard Practice'. G. UL-752 test method level 5 for bullet resistance on concrete surfaces, certified by an independent ballistic laboratory. H. Fabricator must be a certified producer/member of The National Precast Concrete Association (NPCA). I. No alternate building designs to the pre-engineered building as produced by Leesburg Concrete will he allowed unless pre -approved by the owner 10 days prior to the bid date. 1.03 DESIGN REQUIREMENTS A. Design Loads 1. Seismic Design Category 'C', Importance Factor 1 2. Standard Live Roof Load - 60 PSF 3. Standard Floor Load -- 2SO PSF (if precast floor provided by building manufacturer) 4. Standard wind Loading - ASCE 740 conforming to geographic area. B. Roof: To be post tensioned. Tine roof shalt extend 4" beyond tine wall panel and have a turndown design which extends u" below the top edge of the wall panels to prevent water migration into the building along the top of wall panels. C. Floor - The floor is provided with the precast building and the walls sit on top of the floor with tine floor extending to the edge of the walls for additional strength. Floor should be a mininiurm of 5 inches thick Page 34 of 74 S:IDOCUMENT120161PROCUItE:MENT116-0214 Rest€ooins and Precast Buildings116-0214 €TB Precast 1iestrooms Agreement-LRG 6,10.16.doex Page 107 of 246 and have a looped post tension cable. Floor will have a ?-" recessed keyway around the perimeter to accept the walls so as to form a physical water barrier. L04 SUBMITTALS A, Drawings and calculations seated by a professional engineer. licensed to practice in the state where the project is rocatedr shall be submitted for approval. B. Manufacturer to provide cut sheets on all attached fixtures. PART 2 - PRODUCTS 2,01 MATERIALS A. Concrete: Steel -reinforced, 5000 PSI minimum 28-day Compressive strength. B. Reinforcing Steel: ASTM A615, grade Go unless otherwise specified. C. Post -tensioning Strand: Roof and floor shall be post -tensioned with a 41K polystrand CP50, .50", 270 KSI, T-wire strand post tension cable, enclosed within a greased plastic sheath (ASTM A416). D. Caulking: All joints between panels shall be caulked on the exterior and interior surface of the joints. Caulking shall be SIKAFLEX--A elastic sealant or equal. Exterior caulk joint to be 3/8" x 3/8" square so that sides of joint are parallel for correct caulk adhesion. E. Vents: Two screened aluminum vents to be cast in rear wall. Vents shall be SUNVENT 8"x16"with bug screen, or equal F. Panel Connections: All panel connections shall be welded together utilizing imbedded weld plates with Nelson anchors. Assembly shall be welded by a certified welder. 2.02 ACCESSORIES Doors and Frances: Shall comply with Steel Door Institute "Recommended Specifications for Standard Steel Doors and Frames' (SDI-100), and as herein specified. The building may be equipped with double 3`-0" x 6'-3" x 13/4",18- gauge galvanized/insulated CECO Imperial right hand reverse metal doors with 16-gauge galvanized frames, or equ at. Doors and frames shall be bonderized and painted one coat of rust inhibitive primer and one finish coat of enamel paint. A. Door Hardware: 1. Handle: Yale 8822 Mortise Lever Lockset 2, Hinges: PB-31/NRP/26D 4 3'_' x 4 -Y' (chrome -plated with non -removable hinge pins), 3 per door or equal. 3. Lock Set. PDQ Industries KR116 - 32D (stainless steel finish) or equal. 4. Surface Bolt. Upper. Cal -Royal 045901426D (satin chrome finish) or equal. 5. Surface Holt, Lower: Cal -Royal 045901426D (satin chrome finish) or equal. 6. Removable Astragal: A4441/68R or equal, optional. 7. Threshold: National Guard 897V60 raised interior. extruded aluminum threshold with neoprene seal or equal. Page 35 of 74 S:IDOCUM1 NMO161PROCURBMEN'1116-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement_LRG 6,10.16.docx Page 108 of 246 8. Door Holder: Glynn Johnson 904H U532D (stainless steel finish), overhead slide type surface mounted door holder or equal. 9. Drip Cap: National Guard 151372 or equal. 10. Door Stop: Ives 4451326D (Inactive leaf only) or equal. B, -L Solatube -WO DS'10" skylight. 2.03 FINISHES A. Interior of Building. smooth form finish on all interior panel surfaces. e. Exterior of Building shall be form lined finished in a pattern selected from the Lake County Building Finish options page and noted on the drawings. C. Paint: 1 coat of Loxon primer and two coats of Duracraft paint in owner's choice of exterior color. Inside walls to be painted in white, floor to be painted in Sherwin Williams HC Silver Gray # 124, PART 3 - EXECUnON 3.01 SITE PREPARATION A- Building shall bear fully on a bed of crushed 3/8"stone base that is at least one foot larger in all directions than the footprint of the building. B. Stone shall be a minimum of 4" thick or down to firm sub grade. The vertical soil capacity under stone shall be compacted to have minimum bearing of 1,500 pounds per square foot. Stone shall be 3/8- or smaller and must be screeded level within W in both directions. Stone shall be placed within a perimeter form with flat and level top edge for screeding Forming material shall remain around stone after the building is set. C. The crushed stone base shall be kept with in the confines of the soil or perimeter form. Do not allow the base to become unconfined so that it may wash, erode, or otherwise be undermined. OR If building is placed on pavement or concrete slab, substrate below pavement or slab must have a vertical soil capacity of 1.500 pounds per square foot. Place stone or sand to 1" above highest point of area where building will be placed and at least 1'-0" wide all around the building footprint. Retain stone or sand with a perimeter form to prevent the material from washing out. D. Provide positive drainage for the fill, pad, or slab as required. E Contractor or Manufacturer to haul off excess dirt from excavation for sub -base and sidewalk. 3.02 ACCESS The contractor must provide for a level, unobstructed area large enough for a 100 ton crane and a tractor trailer to park adjacent to the pad. Crane must he able to place outriggers within 5'-0" of edge of pad and truck and crane must be able to get side by side under their own power. No overhead obstructions may be within 75' radius of center of pad. Firm roadbed with turns that allow 65' lowbed tractor -trailer must be provided directly to site. No building shall be placed closer than 2'-0" to an existing structure. Page 36 of 74 S:IDOCUMF,NT120161PROCUREMENnl6-0214 Restrooms and Precast Buildings116-0214 LTB Precast Reslrooms Agreement_I.RG 6.10.16.doex Page 109 of 246 Page 37 of 74 5:1DOCUMENTN20161PROCt)IkEMFNT%16-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agrecment—LRG 6.10.16,d(jcx Page 110 of 246 I' 1,i 13.-1 :3 3�ltlf ThY: Er ------------ Al.ti Ti } 1 n x p o _ 6 a`o r o - M L — .y � F ea z - O R ---------------------------------------------- .{ Page 38 of 74 S:IDOCUMENT120161PlIOCURF,,MENT116-0214 Restrooms and Precast Buildings\]6-0214 JTB Precast Reslrooms Agreement_LRG 6.10.16.doex Page 111 of 246 J+� S- fn I 1 l l 1 -. 4 G 1 II I I I I I II I II I I! I I I I I II I II I II 1 II ��vauo I I i Page 39 of 74 S:IDOCUMENMO161PROCUREM-U,,Nnl6-0214 Rcstrooms and Precast Buildings116-0214 lTB Precast Restrooms Agreement —MG 6.10.16.docx Page 112 of 246 SECTION 3 Precast Concrete Dry Vault Restrooms Specifications for the Precast Concrete Dry Vault Restroom Drawing 4: Blue Ridge Single Dry Vault Restroom Drawing 5: sierra Outback Double Dry Vault Restroom Page 40 of 74 5:1DOCUMEN'I120161PROCUREMEN7116-0214 Rest€ooms and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.docx Page 113 of 246 PRECAST CONCRETE DRY VAULT RESTROOM SPECIFICATION SHEET PART 1- GENERAL .1.01 SUMMARY Contractor or manufacturer to furnish a turn -key precast concrete dry vault restroom. Building to be brought to the site in assembled modules and set upon a level and compacted granular rock sub -base with up to a 100 ton crane, all included in the bid price All site clearing and rough grading to within 6 inches of level are done by owner, excavation for restroom vaults to be done by contractor or manufacturer. To be an EasiSet/EasiSpan Building as manufactured by Leesburg Concrete Company Incorporated. Contractor or Manufacturer will pull all permits and connect to utilities, if any, that are stubbed no more than 25' from the desired install location, utilities located further than 25' will be individually negotiated. .L02 QUALITY ASSURANCE A. Florida DBPR Insignia required, Section 553. Part I F.S. B. ACI-318-08, Building Code Requirements for Reinforced Concrete". Concrete Reinforcing Institute, °Manual of Standard Practice-. C. ANSVASCE-7-10 "Building code Requirement for Minimum Design Loads in Buildings and Other Stnrctures'. D. Florida Building Code 2014 E. IBC 2012 F. Concrete Reinforcing Institute, 'Manual of Standard Practice'. G. UL-752 test method level 5 for bullet resistance on concrete surfaces certified by an independent ballistic laboratory. H. Fabricator must be a certified producer/member of The National Precast Concrete Association (NPCA). I. No alternate building designs to the pre-engineered building as produced by Leesburg concrete will be allowed unless pre -approved by the owner 10 days prior to the bid date. 1.03 DESIGN REQUIREMENTS A. Design Loads i. Seismic Design Category`C', Importance Factor 1 2, Standard Live Roof Load - 60 PSF 3. Standard Floor Load - 250 PSF (if precast floor provided by building manufacturer) 4. Standard Wind Loading -- ASCE 7-10 conforming to geographic area. 5. Designed to meet the requirements of the Americans With Disabilities Act Requirements and Uniform Federal Accessibility Standard including as of the date of these specifications. 6. Incorporates all design aspects of Sweet Smelling Technology (SST) as outlined by Brian Cook for the U. S. Forest Page 41 of 74 S:1DOCUMEN"1120161PROCUREMENnl6-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agree€nent_LRG 6.10.16.docx Page 114 of 246 Service. SST equals Fresh Air Naturally (FAN) by Easi-Set Industries. (In Depth Design and Maintenance Manua; for Vault Toilets" - July 1991 - Publication No. 9123 1601) 7. Has one or two, one-piece vaults) units) to support the entire building, with a one piece floor unit with a 150 p,s,f. load capacity. B. Roof: To lie post tensioned. The root shall extend 4" beyond the wall parcel and have a turndown design which extends 3<" below the top edge of the wall panels to prevent water migration into the building along the top of wall panels. C. Floor - The floor covers the entire footprint of the holding tanks and the walls sit on top of the floor with the floor extending to the edge of the walls for additional strength. Floor should be a minimum of 5 inches thick and have a looped post tension cable. Floor will have a r/2" recessed keyway around the perimeter to accept the walls so as to form a physical water barrier. D. Vault - Precast Concrete Vault 1. Plate for vault cleanout cover will be W thick diamond plate steel. Lid will be configured so that it can be locked with a padlock. Lid will be designed to resist surface runoff penetration into the vault. A neoprene gasket will be provided around the entire perimeter of the lid to provide an airtight seal. 2. Vault Coating - A USFS approved black Bituthene coatings as outlined in the ("In Depth Design and Maintenance Manuat for Vault Toilets" - July 1991- Publication No. 91231601) will be applied to the interior walls and the bottom of the building floor which prevents hydrogen sdf€te gas from attacking the concrete. 3. Sealant between vault and toilet floor to be 1"x1" Butyl Rubber Sealant. A septic tank grade neoprene gasket is also applied in between the holding tanks and floor to seal the joint. 1.04 SUBMITTALS A, Drawings and calculations seated by a professional engineer, licensed to practice in the state where the project is located, shall be submitted for approval. B. Manufacturer to provide cut sheets on all attached fixtures. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete: Steel -reinforced, 5000 PSI minimum 28-day compressive strength. B. Reinforcing Steel: ASTM A615, grade 60 unless otherwise specified. C. Post -tensioning Strand: Roof and floor shall be post -tensioned with a 41K polystrand CP50..50', 270 KSI, 7-wire strand post tension cable, enclosed within a greased plastic sheath (ASTM A416). D. caulking: All joints between panels shall be caulked on the exterior and interior surface of the joints. Caulking shall be SIKAFLEX-JA elastic sealant or equal. Exterior caulk joint to be 3/8' x 3/8" square so that sides of joint are parallel for correct caulk adhesion. E. Vents Two screened aluminum vents to be cast in rear wall. Vents shall be SUNVENT 8"x16'with hug screen, or equal. F. Panel Connections: All panel connections shall be welded together utilizing imbedded weld plates with Nelson anchors. Assembly shall be welded by a certified welder. Page 42 of 74 S:DOCUMEN'I120161PROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agrccmcnt_LRG 6.10.16.docx Page 115 of 246 2.02 ACCESSORIES 1. Doors and Frames: 16 gauge galvanized 3068 HM door and frame, 4 7/8" throat. Schlage ND series heavy duty grade 1 cylindrical lockset and LCN series 1 Closer surface mounted. All doors and frames are in accordance with NOA 10-0209.07 2. ADA Stainless Steel Mirror 3. Toilet tissue dispenser Bobrick model # BOB-2740 4. Grab bar 36- Bobrick model It B 5806.99x36. 5. Grab bar 42" Uobrick model # B 5806.9902. G. Soap Dispenser by Bobrick model # BOB 0-2112 1. wall mounted trash can by Bobrick model # ROB-279 8. Door signs by Hillman with Braille, Men, women. Unisex 9. ADA Compliant pit type toilet riser by Romtec Engineering 18" high, white cross linked polyethylene with heavy duty seat. 10. Solatube 160 DS 10" skylight in eacli restroom. 2.03 FINISHES A. interior of Building. Smooth form finish on all interior panel surfaces. B. Exterior of Building steal I be form lined finished in a pattern selected from the Lake County Building Finish options page and noted on the drawings. C. Paint: 1 coat of Loxon primer and two coats of Daracraft paint in owner's choice of exterior color. inside walls to he painted in white, floor to be painted in Sherwin Williams HC Silver Gray # 124. PART3 - EXECUTION 3.01SITE PREPARATION REQUIREMENTS A. Excavation and Elevation 1. Comply with all applicable OSHA Standards for excavation. 2. The double vault toilet requires a hole that is 16ft wide and 16ft long as measured at the bottom. Depth should he 4'-9" below desired finished floor elevation. 3. Finish flour elevation will be 4-6 inches above natural grade measured at the front (entrance) of the exterior slab unless otherwise approved by the customer. The customer may specify a finish floor elevation for buildings at some sites. The contractor will install buildings at these sites with the floor elevation within ± 0.05 feet of the specified floor elevation. It is very important that the installation provides drainage away from the structure. Bedding and Compaction 1. Compact the natural ground at the bottom of the vault excavation with a minimum of three passes with a whacker -type mechanical compactor or equivalent approved by the customer. 2. Install sand or aggregate bedding material for leveling course. Compact leveling course with one pass with a whacker -type mechanical tamper or equivalent approved by the customer. Grade leveling course so there will be no high spots in the middle of the vault bottom. Compact with a second pass with a whacker or approved equivalent tamper. 3. Set vault in place. Backfill around structure. Use excavation material for backfill except that rocks larger than six inches in maximum dimensions shall not be placed within six inches of the exterior vault walls, 4. Contractor or Manufacturer to haul off excess dirt from excavation for sub -base and sidewalk. 3.02 ACCESS The contractor must provide for a level, unobstructed area large enough for a 100 ton crane and a tractor -trailer to park adjacent to the pad. Crane must be able to place outriggers within 5'-0' of edge of pad, and truck and crane must be able to get side by side under their own power. No overhead obstructions may be within 75' radius of center of pad. Firm roadbed with turns that allow 65' lowbed tractor -trailer must be provided directly to site. No building shall be placed closer than 2'-0' to an existing structure. Page 43 of 74 S:IDOCUMENMO16\PROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agreement_1.RU 6A0.t6.docx Page 116 of 246 4 19�11�1■I�fl I I I I I Ir r I � I � r � 4•.. I 5 x f+ Page 44 of 74 S:IDOCUMEN"Ii20161PROCUI2EMENnt6-0214 Restrooms and Precast Buildings116-0214 1 13 Precast Restrooms Agreemont_LRG 6.10.16.doex Page 117 of 246 Page 45 of 74 S:IDOCUMENTt20161PROC UREMENTU6-0214 Restroo€ns and Precast Buildi€tgs116-0214 ITB Precast Restroo€ns Agreement_LRG 6.10.16.doex Page 118 of 246 SECTION 4 Precast Concrete Plumbed Restrooms Specifications for die Precast Concrete Plumbed Restroom Drawing 6: Logan Single Plumbed Restroom] Drawing 7: Carson double Plumbed Restroom Drawing 8: Sierra Outback Double Plumbed Restroom Drawing 9: Nordilake Triple Plumbed Restroom Drawing 10. The Volusia 6 stall Plumbed Restroom Drawing 11: 20' x 24' x B'h Concession with Four Stall Restroom Drawing 12: 24' x 30' x Wh Concession with Eight Stall Restroom Page 46 of 74 9:IDOCUMEN'MO145IPROCtJMMEN`I116-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agreewnt_LRG 6.10.16.docx Page 119 of 246 PRECAST CONCRETE PLUMBED RESTROOM SPECIFICATION SHEET PART 1 -GENERAL 1.01 SUMMARY Contractor or manufacturer to furnish a turn -key precast concrete plumbed restroont to be brought to the site in assembled modules or site assembled depending on size and set upon a level and compacted granular rock sub -base with up to a 100 tort crane, all included in the bid price. All site clearing and rough grading to within 6 inches of level are done by owner, excavation for restroom sub -base to be done by contractor or manufacturer. To be an EasiSetjasiSpan Building as manufactured by Leesburg Concrete Company Incorporated. Contractor or Manufacturer will pull all permits and connect to utilities, it any, that are stubbed no niore than 25' from the desired install location; utilities located further than 25' will be individually negotiated. 7.02 QUALITY ASSURANCE A. Florida DFIPR insignia required, Section 553, Part I F.S. B. ACI-318-08, `Building Code Requirements for Reinforced Concrete'. Concrete Reinforcing Institute, -Manual of Standard Practice'. C. ANSVASCE-7-10 `Building Code Requirement for Minimum Design Loads in Buildings and other structures'. D. Florida Building Code 2014 E. IBC 2012 F. Concrete Reinforcing Institute. 'Manual of Standard Practice-. G. UL-752 test method level 5 for bullet resistance on concrete surfaces, certified by an independent ballistic laboratory. H. Fabricator must be a certified producer/member of The National Precast Concrete Association (NPCA). I. No alternate building designs to the pre-engineered building as produced by Leesburg Concrete will be allowed unless pre -approved by the owner 10 days prior to the bid date. 1.03 DESIGN REQUIREMENTS A. Design toads 1. Seismic Design Category'C', Importance Factor 1 2. Standard Live Roof Load - 60 PSF 3, Standard Floor Load -- 250 PSF (if precast floor provided by building manufacturer) 4. Standard Wind Loading - ASCE 7-10 conforming to geographic area. 5. Designed to meet the requirements of the Americans With Disabilities Act Requirements and Uniform Federal Accessibility Standard including as of the date of these specifications. B. Roof: To be post tensioned. The roof shall extend 4' beyond the wall pallet and have a turndown design which extends 11Z below the top edge of the wall panels to prevent water migration into the building along the top of wall panels. Page 47 of 74 S:IDOCUMEN'MO16TROCUREMENT 16-0214 Restrooms and Precast Buiidings116-0214 ITB Precast Restrooms Agreement_[.,116 6.10.16.docx Page 120 of 246 C. Floor -Tile floor is provided and the walls sit on top of the floor with the floor extending to the edge of the walls for additional strength, Floor should be a minimum of 5 inches thick and have a looped post tension cable. Floor will have a VF recessed keyway around the perimeter to accept the walls so as to form a physical water barrier. 1.04 SUBMITTALS A. Drawings and calculations sealed by a professional engineer, licensed to practice in the state where tine project is located, shall be submitted for approval. B. Manufacturer to provide cut sheets on all attached fixtures. PART 2 - PRODUCTS 2,01 MATERIALS A. Concrete: Steel -reinforced, 5000 PSI mininiurr 28-day compressive strength. B. Reinforcing Steel: ASTM A615, grade 60 unless otherwise specified. C. Post -tensioning Strand: Hoof and floor shaft be post tensioned with a 41K polysttand C1350, .50", 270 KSI, 7-wire strand post tension cable, enclosed within a greased plastic sheath (ASTM A4i6). D. Caulking: All joints between panels shall be caulked on the exterior and interior surface of the joints. Caulking shall be SIKAFLEX-IA elastic sealant or equal. Exterior caulk joint to be 3/8" x 3/8" square so that sides of joint are parallel for correct caulk adhesion. E. Vents: Two screened aluminum vents to be cast in rear wall. Vents shall be SUNVENT 8"x16'wiih bug screen, or equal F. Panel Connections: All panel connections shall be welded together utilizing imbedded weld plates with Nelson anchors. Assembly shall be welded by a certified welder. 2.02 ACCESSORIES 1. Doors and Frames: 16 gauge galvanized 3068 HM door and frame, 4 7/8" throat, Schlage ND series heavy duty grade 1 cylindrical lockset and LCN series 1 Closer surface mounted. All doors and frames are in accordance with NOA 10-0209.07 2. ADA Stainless Steel Mirror 3. Toilet tissue dispenser Bobrick model # BOB-2740 4. Grab bar 36" Bobrick model # B 5806,99x36. 5. Grab bar 42" Bobrick mode€ # B 5806.99x42, 6. Soap Dispenser by Bobrick model # BOB B-2112 1. Wall mounted trash can by Bobrick model # BOB-279 8. Door signs by Hillman with Braille, Men, Women, Family 9. Stainless steel Acorn Engineering wall mounted rectangular lavatory sink 20` x 22" model # 1953-LC-09 without valves. 10. Chicago Faucet model, number 857-E12-665PSHABCP, 11. Stainless steel Acorn Engineering wail mounted rear discharge toilet model # 1675 12. Sloan Royal Flushometer manual flush valve. 13. Solatube 160 DS 10" skylight in each restroom. 2,03 FINISHES A. Interior of Building: Smooth fornn finish on all interior panel surfaces. B. Exterior of Building shall be farm lined finished in a pattem selected from the Lake County Building Finish Options page and noted on the drawings - Page 48 of 74 S:IDOCUMGN'1'k20161P1tOCUREMEN7116-0214 Restrooms and Precast Build ings116-0214 ITB Precast Restrooms Agrecment_LRG 6A0.16Aocx Page 121 of 246 C. Paint; 1 coat of Loxon printer and two coats of Mitacraft paint in owner's choice of exterior color. Inside walls to be painted in white, floor to be painted in Sherwin Williams HC Silver Gray # 124. PART 3 — EXECUTION 3.01 SITE PREPARATION A. Contractor or Manufacturer to bring all necessary utilities to a determined centralized point so as to align with an opening in the chase floor as called out in the manufacturer's provided plans. B. Building shall bear fully on abed of crushed 3/8"stone base that is at least one foot larger in all directions than the footprint of the building. e. Stone shall be a minimum of 4" thick or down to firm sub grade. The vertical soil capacity under stone shall be compacted to have minimum bearing of 1,500 pounds per square foot. Stone shall be 3/8" or smaller and must be screeded level within 1/4' in both directions. Stone shall be placed within a perimeter form with flat and level top edge for screeding. Forming material shall remain around stone after the building is set. D, The crushed stone base shall be kept within the confines of the soil or perimeter fort. Do not allow the base to become unconfined so that it may wash, erode, or otherwise be Undermined. OR it building is placed on pavement or concrete slab, substrate below pavement or slab must have a vertical soil capacity of 1,500 pounds per square foot. Place stone or sand to 1" above highest point of area where building will be placed and at least 1'-0" wide all around the building footprint. Retain stone or sand with a perimeter fonm to prevent the material from washing out. E. Provide positive drainage far the fill, pad, or slab as required. F. Contractor or Manufacturer to haul off excess dirt from excavation for sub -base and sidewalk. 3.02 ACCESS The contractor must provide for a level, unobstructed area large enough for a 100 ton crane and a tractor-irailer to park adjacent to the pad. Crane must be able to place outriggers within 5'-0" of edge of pad, and truck and crane must be able to get side by side under their own power. No overhead obstructions may be within T5' radius of center of pad. t trm roadbed with turns that allow 65 lowbed tractor -trailer must be provided directly to site. No building shall be placed closer than 2'-0' to an existing structure. Page 49 of 74 S:IDOCUMEN ,2.0161PROCUREMEN'E\16-0214 Restrooms and Precast Suiidingsli6-0214 ITB Precast Restrooms Agreement_LRG 6. f 0.16.doex Page 122 of 246 i ii I� II I: II Y Y Page 56 of 74 S:IDOCUMEN"1120161PROCt]REMENT116-0214 Reslrooms and Precast Buiidings116-0214 ]TB Precast Restrooms Agreemcnt_LRG 6.10.16.doex Page 123 of 246 Y Y Page 56 of 74 S:IDOCUMEN"1120161PROCt]REMENT116-0214 Reslrooms and Precast Buiidings116-0214 ]TB Precast Restrooms Agreemcnt_LRG 6.10.16.doex Page 123 of 246 tmomE�ti NMI- .......... ulii -`dill% 11-r s F i O w - t: o © © Ll Li u I{ II 1i II Ii II II II II II 11 �} I! II I{ 11 II I! IE II 11 EI I! it IE W II li II 11 II II fl 31 II it II II �� II {! EI 31 III II EI iI fl fl II xr,. na [I ----------- Page 51 of 74 5:1DOCUMEN'R201611'ROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms AgreementLRG 6.10.16.doex Page 124 of 246 sijm I c w � w 2 R [� U1. r li II II II Ih EI 11 II it 11 i II II II �I l y II I II li it � li II 11 � fl II ly II 41 Fi H 11 f l 11 11 ll II II FI 11 II II Itw II 11 jli -------------------- :I Page 52 of 74 5:1DOCUMEN•l�20161PROCUILEMENT1 16-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.doex Page 125 of 246 L.A,Rgaal n} 'w MiILt4; lltl - 177 J",1 d W Y lieS - : _____— Ek I I 11 I I II II II EI .. -+c. !1 a_ i! FI 11 5 11 l i 11 �Fxi m 1III i�� n ",k , F Ell] u0 y U � < W N a a x IM a CO n: s� Page 53 of 74 S:%DOCUMENT120161PROCURi MEN'1116-0214 Restroams and Precast Suildings116-0214 [TB Precast Restrooms Agreement_LRG 6.10,16.does Page 126 of 246 Page 54 of 74 S:IDOCUMEN O161PROCUREMENT116-fl214 Restrooms and Precast Buildings\16-0214 1TB Precast Rcstrooms Agreemcnt_LRG 6.10.16,docx Page 127 of 246 IE H Fp T�p 4K3 z ji i R IZ 0 Cm Page 55 of 74 S:\DOCUML-NI12016\PROCUREMEN'A]6-0214 Restrooms and Precast Buildings\ 16-0214 ITB Precast Restrooms Agreement LRG 6.10.16.doex Page 128 of 246 Page 56 of74 S:1DOCUMENTVO]61PROCUREMEN7116-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.doex Page 129 of 246 100"Ot us IE I �J 9 Page 57 of 74 S:\DOCUMENT12016TROCtJREMENTl16-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restroonis Agreement_LRO 6.10.16.docx Page 130 of 246 N_ LTJ C✓~ ill II: �ll II � II II ]l Il it •_ II l] it ll` v Il' � 'II ai II II II; � ILL __--—IL.__JI -- s W ;- -- ---- U 7: X a t 1 i Y Y^ Rw VH J Page 58 of 74 S:IDOCUMEN1120161PROCIJIZEMENT1 16-0214 Restrooms and Precast Buildingsl16-0214 JTB Precast Restrooms Agreement LRG 6.10.16.docx Page 131 of 246 SECTION 5 Site Assembled Precast Panelized Building Specifications for the Site Assembled Precast Panelized Building Drawing 13. 20' x 24' p.43 Drawing 14: 20' x 30' p.44 Page 59 of 74 5:1DOCUMENT12016TROCUREMENnl6-0214 Restrooms and Precast Buildings116-0214 14B Precast Restrooms Agreement_LRG 6.10.16.docx Page 132 of 246 SITE ASSEMBLED PRECAST CONCRETE BUILDING SPECIFICATION SHEET PAR71 - GENERAL 1.01 SUMMARY Contractor or Manufacturer to furnish a turn -key site assembled precast concrete building and set it upon a level and compacted granular rock sub -base with up to a 100 ton crane, all included in the bid price. All site clearing and rough grading to within 6 inches of level are done by owner, excavation for sub -base to be done by contractor or manufacturer. To be an EasiSet/EasiSpan Building as manufactured by Leesburg Concrete Company Incorporated. Contractor or Manufacturer will pull all permits and connect to utilities, it any, that are stubbed no more than 25' frorn the desired install location-, utilities located further than 25' will be individually negotiated. 1.02 QUALITY ASSURANCE A. ACI-318-08, "Building Code Requirements for Reinforced Concrete". Concrete Reinforcing Institute, `Manual of Standard Practice". B. ANSI/ASCE-110 `Building Code Requirement for Minimum Design Loads in Buildings and Other Structures'. C. f]orida Building Code 2014 D. IBC 2012 E. Concrete Reinforcing Institute. `Manual of Standard Practice". F. UL-752 test method level 5 for bullet resistance on concrete surfaces, certified by an independent ballistic laboratory. G. Fabricator must be a certified producer/member of The National Precast Concrete Association (NPCA). H. No alternate building designs to the pre-engineered building as produced by Leesburg Concrete will be allowed unless pre -approved by the owner 10 days prior to the bid date. 1.03 DESIGN REQUIREMENTS Easi-Span roof and floor sections are fabricated in 10' widths and 20 or 24 foot lengths using a tri-beam post tensioning system. A. Design loads 1. Seismic Design Category'C', importance Factor 1 2. Standard Live Roof Load - 60 PSF 3. Standard Floor Load - 250 PSF (if precast floor provided by building manufacturer) 4. Standard Wind Loading - ASCE 7-10 conforming to geographic area. B. Roof: Roof panel incorporates a tri-beam post tensioned system that has a minimum of 8" slope from peak to edge. Each panel to he post tensioned. The roof shall extend 4" beyond the wall pane] and have a tunidown design which extends %" below the top edge of the wall panels to prevent water migration into the building along top of wall panels. Roof sliall also have an integral architectural ribbed edge. 1. option: If indicated on contract drawings, building can be made expandable with a removable ribbed fascia panel. End wall and roof must have imbeds to allow post4ensioning of additional Page 60 of 74 S:IDOCUMENT12016TROCUREMENTI16-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.docx Page 133 of 246 sections onto existing structure without de -tensioning tlne existing structure. Roof slabs must be designed to span the free area without internal support for intermediate modules without end walls. C. Keyway Roof and Floor Joints: Grout in keyways above cast in rubber Durajoint water stop with SikaFlex Floor panel or contractor supplied C.LP slab must have a I/z " step-down around the entire perimeter to prevent water migration into the building along the bottom of wall panels. 104 SUBMITTALS A. Drawings and calculations sealed by a professional engineer, licensed to practice in the state where the project is located, shall he submitted for approval. B. Manufacturer to provide cut sheets on all attached fixtures. PART 2 — PRODUCTS 2.01 MATERIALS A. Concrete: Steel -reinforced, 5000 PSI minimum 28-day compressive strength. B. Reinforcing Steel: ASTM A615, grade 60 unless otherwise specified. C. Post -tensioning cable shall be 41K polystrand CP50..50", 270 KSI, 7-wire strand, enclosed within a greased plastic sheath (ASTM A416), There will be a minimum of three past -tensioning cables connecting roofs and floors together to provide a watertight monolithic diaphragm. D. Caulking: All joints between panels shall be caulked on the exterior and interior surface of the joints. Caulking shall be SIKAFLEX-lA elastic sealant or equal. Exterior caulk joint to be 3/8- x 3/8' square so that sides of joint are parallel for correct caulk adhesion. F. Optional Vents: Two screened aluminum vents to be cast in rear wall. Vents shall be SUNVFNT 8"x16'with bug screen, or equal F. Panel Connections: All panel connections shall be welded together utilizing imbedded weld plates with Nelson anchors. Assembly shall be welded by a certified welder. 2.02 ACCESSORIFS A. Doors and Frames: Shall comply with Steel Door Institute `Recommended Specifications for Standard Steel Doors and Frames" (SDI-100), and as herein specified. The building may be equipped with double 3'- 0" x 6'-8" x 1-3/4",18-gauge galvanized/insulated CECo Imperial right hand reverse metal doors with 16- gauge galvanized frames, or equal. Doors and frames shall be bonderized and painted one coat of rust inhibitive primer and one finish coat of enamel paint. B. Door Hardware: 1. Handle: Yale 8822 Mortise Lever Lockset 2. Hinges: PB-31/NRP/26D 4'!' x 4 Y2" (chrome -plated with non -removable hinge pins), 3 per door or equal. 3. Lock Set: PDQ Industries KR116 — 32D (stainless steel finish) or equal. 4. Surface Bolt, Upper: Cal -Royal 045901426D (satin chrome finish) or equal. 5. Surface Bolt, Lower: Cal -Royal 045901426D (satin chronic finish) or equal. Page 61 of 74 S:IDOCUMENT�20161PR0CURENtPNTN16-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms AgreementWLRG 6.10.16.doex Page 134 of 246 6. Removable Astragal: A4441/68R or equal, optional. 7. Threshold: National Guard 897V60 raised interior, extruded aluminum threshold with neoprene seal or equal. 8. Door Holder: Glynn -Johnson 904H US32D (stainless steel finish), overhead slide type surface mounted door holder or equal. 9. Drip Cap: National Guard 15D72 or equal. 10. Door Stop: Ives 445B26D (Inactive leaf only) or equal. C. (1) Solatube 160 DS 10' skylight. 2.03 FINISHES A. Interior of Building: Smooth form finish on all interior panel surfaces. B. Exterior of Building shall be form fitted finished in a pattern selected from the Lake County Building Finish Options page and noted on the drawings. C. [saint: 1 coat of Loxon primer and two coats of Duracraft paint in owner's choice of exterior color. inside walls to be painted in whiter floor to be painted in Sherwin Williams HC Silver Gray # 124. PART 3 - EXECUTION 3.01SITE PREPARATION REQUIREMENTS (Field assembled on cast-in-placefloor) OPTIONAL: Slab oil grade to be designed by Engineer of Record and Poured by others to a minimum 6" thick and 4,000 psi steel reinforced concrete. Slab to he level within 1/8° in both directions and capable of supporting loads imposed by the structure, with a V." step-down along the perimeter edge. 3.02 SITE PREPARATION (Field assembled on precast floor system) A. EAST -SPAN@ building shall bear fully on a crushed stone base that is at least one foot larger in all directions than the footprint of the building. B, Stone shall be a minimum of 4' thick or down to firm sub grade. The vertical soil capacity under stone shall be compacted to have minimum bearing of 1,500 pounds per square foot. Stone shall be 3/8' or smaller and must be screeded level within W in both directions. Stone shall be placed within a perimeter form with fiat and level top edge for screeding. Forming material shall remain around stone after the building is set. C. The crushed stone base shall be kept within the confines of the soil or perimeter form. Do not allow the base to become unconfined so that it may wash, erode, or otherwise be undermined. OR If building is placed on pavement or concrete slab, Substrate below pavement or slab must have a vertical soil capacity of 1,500 pounds per square foot. Place stone or sand to V above highest point of area where building will be placed and at least 1:-0" wide all around the building footprint. Retain stone or sand with a perimeter form to prevent the material from washing out. Page 62 of 74 S:�DOCUMEN'l�20161PROCUIZEMENT116-0214 Restroorns and Precast BuildingsA6-0214 ITB Precast Restrootns Agreement_LRG 6.10.16.docx Page 135 of 246 D. Provide positive drainage for the fill, pad, or slab as required. E. Contractor or Manufacturer to haul off excess dirt from excavation for sub -base and sidewalk. 3.03 ACCESS The contractor must provide for a level unobstructed area large enough for a 10o ton crane and a tractor - trailer to park adjacent to tire pad. Crane must be able to place outriggers within -0" of edge of pad, and trick and crane must be able to get side by side under their own power. No overhead lines may be within 75' radius of center of pad. Firm roadbed with turns that allow 65' lowhed tractor4railer must be provided directly to site. No building shall be placed Close► than 2'-0, to an ex"sting structure. Page 63 of 74 s:IDOCUMEN1120161PROCUREMENT116-0214 Restrooms and Precast Buildingsl16-0214 ITB Precast Reslrooms Agteement_LRG 6,10.16.doex Page 136 of 246 - �� o o t•5 I 41 m a rFr �A SIO a °4 rL .>W n ° .� adOlS m N O u � k .d r. W 1~ � C.? O U��eg w C N y C? V y y N s6 AGi _s w vj �[30Aj LA N PSI—� X eq m G V to O b+ a of . t of ii a u _ C- N x r F� N U T t" Page 64 of 74 S:IDOCUMENT120161PROCUREMIiNT116-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6.10.16.dacx Page 137 of 246 - ¥ : \ ¥z \ 5U-07S k\ ƒ @ © § _ u 2 _q � \ � Q 7— E ¢ )4 4 \9 \ �k a § z k ) cc ~ _, 4 t —§- 2 m ¢ F` k % } - } \ 2 e \ tL / ATTACHMENT A:ADDENDUM 7607 sqOCE NWm lotcUmENm@n24 RestMornsand Precast Buildings\ Precast Rw_sAgreement lRG &mm+a Page 138 of 246 Am LAKE COUNTY Y FLOILIDA OFFICE OF PROCUREMENT SERVICES PHONE: (362) 343-9639 MS WEST MAIN STREET, SUITE 441 FAX: (352) 343-9473 PO BOX 7800 TAVARES Ft. 32778-7840 wvnrr•lakegovermnentoom ADDENDUM NO. I Dates March 29, 2016 Invitation to Bid (ITB)16--9214 Provide and Install Pre -cast Concrete B,estroonis and Other Buildings It is the vendor's responsibility to castuc their receipt of all addenda, and to clearly acknowledge all addenda within their initial bid response. Acknowledgement may be confirmed either by inclusion of a signed copy of this addendum with the initial bid response, or by completion and return ofihe addendum acknowledgement section of the 40110itation. Failttro to acknowledge each addendum mtty pmvemt the hid from boiity, considered for award. This addendum DOES NOT change the date for recelpi of hide or proposals. Due to limited participation, the County hereby schedules a second mandatory pre -bid meeting at the same locations cited in IT13 provision 1.4 eommencing at 9:30 AM on Monday, Apzil 4, 2016. Vendors that attended the initial meeting do not need to attend the, second meeting. A copy of the attendee list for the first meeting is attached hereto, Typographical errors contained in the initial YrJ3 ate coneoted as follows: 1. The header on pages 2 through 14 of the solicitation is amended to read 1TB 16-0214, 2. Replacement ITR )Wage 23, now containing the County's Reciprocal Preference ccrtifiuttion, is attached hereto. 'Vendors are to use and include this ruplaccment page in their hid response. Acknowledgement of Addendum: FinnNamo; Leesburg Conere t:C art Incorporated_ Date- 4f1112015 Signature: Title V.P. Typed/Printed Name, Kirkland 1, Rouse Page 66 of 74 S:1DOCUMENT120161PROCUREMEN7116-0214 Restrooms and Precast Buildings116-0214 ITB Precast Restrooms Agreement_LRG 6,10.16.docx Page 139 of 246 XDDE, NDUM 1, rM 116-0214, REPLACEMENT PAGE 23 1'rovirle auil Xltuttsil Pro-enst 0mcretu ltcstrams and Otllier Building# Other povainmonfel agcnalag it) the state of Plol-W nett governmentat agency dcairing to accept to UOUZO thIS eottlrnrt shall be ve8poasiblo for €ts Own pmrchnsas,artd aholl ba liuhlc Only fat' nasterigh or services Ordered nnil received by it. im WS ❑ No (Clteok utto) C ct4iticnliorl Rogardint pclany convictlun am, any oiT oo3.% dimtar; ar an mcli ive perfonttlag equivatont dastic , u f tba bidding entity bull convicted of a �%lony during the past tmi (10) years? n Yas [N No (Ghaok one) Connici oflaterot Diaamaum Ctrlificallan i:xccpt es listed below, rtm smployrxt, offioar, or ngont of the firm has Mly Wrtfliets of 11ORst, reel or appaecnt, due to umilvig ilpl, other clients, cmhaats, or h*Catts ft&miatcd with this p+ojoei; and, this u€d is made wAboul priof nrtdmtslamtdnp; vmlont, cr eanTawdors wtlb ZLty uurpot'ation, Jima, ar persan SUbtniltirtg a proposal tar the same satTiccs, and is in till rospeots fW 110 vrpthoal callualrkt of fraltd. -_ NIA . ..._— Reciprocal Vendor Peurtrrencct V=Aors ore advised tiro County has catabiidied, underi -1ke County C.'nde, Chapter 2, Article V11, Sections 2-221 and 2-2'?%a prates undol'wblell a local vandnrpacfUnitac privgmel tipplted by anothtc county stay be applied in a reciprocal mmmor within Laikc Comity. The fallowing information is needed to s gslaot'hap,slimailiva of 1he. Coda: 1. Fdivoyy business 100tinn of the roapoudiog vendor (citylefite): Le b ❑r€d 2. Does tiro"Ming vendo7 maintain a signifiaunt phyelml incn6n in l mko Coutaty at wh ich OtuploYM vm located Ind buahsaYs is tegulal'ly tt'an stcied: X yea ::.,., No If"yes" is chGrked, ptuvidc supporting detail: Leesburg Concrete operates thier affFce ands tanufadurink lacIIlLy pri Legsbg.rg,FL, Our company on,nlrava .Ar, ,gn ernnInvees deoendlnu iman oroducLiosl..dr, and. In addition we work with other local businesses for 1naterlals and servlce as much as possible. DUNS Number (insert If this action invnlvcs a fcderel Landed praioct): „ (6-197-U91 Firm Nome: Leesburg Concrete Cotnpa_ny, ]ncurraurated - _ st,aat Addeum 1335 Thomas Ave,_leesb(oy..FL .,4748 ::...:.. ....:.:.:.... lira€ling Address (if diffuroal): �,�-_.. ..;.�— TeleptimeNn.; 352}787-4:1,77 FmNo.: q52 787-7985 E-mad: krouseCla�leesburacoitcl to FYIN Na. 59 23442 Prompt Payment Team 2 'A , .. lQ, daya, not 3.0 signature; Datc:-4/1112016 print i~ ombu Kirkland J. Reuse Title: V.P• By sigantato below, tha County confirms award to tho above-identlfted wadorundcr tho obova idtntified wlichstlon- A icily nto pufolime nvdor will ba gwonated by tbo Comity to suptpott 1be coidracl, Yetidor Awarded us: ❑ Saic vendor ©€t9ultiptle Award vendor (Utdt pr€ce bnSiW) U Muttiplo Avmtd vendor (;spot bid) © Frbnnly vendor f'or ilcma; _...::....:.._. [] Secondary ven,.V for items; Si;raaisue of rrtttborized [ nuuty aEticial_ Date: Vchdcd smui)OC 'i'itic: PUfchase Ckder Number assigned 10 this cnntmct for blilhtg purposes: Page 67 of 74 S:1DOCUMENTQ0161PROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agreement LRG 6.10.16.doex Page 140 of 246 U) Ul C7 F- z W W GLLI [L = CL LL Z LL LL M O U w yt i CV C! CA r h C Vl 03 O U Page 68 of 74 S:IDOCUMENT120161PROCUREMENT116-0214 Restrooms and Precast Buildings\16-0214 ITB Precast Restrooms Agreement—I,RG 6.10.16.docx Page 141 of 246 LAKE COUNTY FL0RIDA OFFICE OF PROCUREMENT SERVICES PHONE: (362) 343-030 315 WEST MAIM STREET, SUITE 444 FAX: (362) 343-13473 PO BOX 7800 TAVARES rL 32778-7800 tiwNw3akegovetnrlletrt.cnrn ADDENDUM NO, 2 Mile; Aprils, 2011E Invitation to Biel (ITD)16-0214 Provide and Install Pre -cast Concrete Rcstrooms and Other Buildings It is the vendor's responsibility to ensure their roucipt of all addenda, and to clearly aclmowledge A addenda within their initial bid response, Acknowledgement cony be confirmM ellher by inclusion of a signed copy of this addendum with the initial bid response, or by tornplciion acid return afthe addendum aeknowlutlgement seetlots of the solicitation, Failure to acknowledge cash addendum may prevent the bid from being considered for award. This addendum DOES NOT change the date for receipt of bids or proposals. The second mandatory pre -bid meeting was completed as solieduled by ITB addendum 1 (attendee list attached), with the following comments or questioiVnris�vers provideal as follows; Gone rid: The second meeting commenced with a general review of solicito.tian telyns and eotlditioas, with no changes or revisions shade in arty regard. Thu issue of a 60 day performance period after issuance of A notiue-to-•proceed for each individual installation was disenssed and te-confirmed. The road bed ri;gviromunt in specification paragraph 3.0 was discussed with the vendor asked to submit that question in writing (see gaestionlaaswer 2 bclmx). A question arose regarding soil boring and related ground support to struetares, 'I'he Comity advised there should he no issue in this regard at any specific site given the specnfled Construction proms. This discussion resulted in questionfAnswet' 1 below. In response to inquiry, the County noitfirtned there would lie no grounding required as most of the sites will not involve eleutriull infrastructure, In respolrse to inquiry, it was confirmed thatthe posts installed around the restroorn at the Astatula Moat ramp It ad been installed by Parks persolwel. Questions and Aaaswera The followlkig questions and answers are provided in response to previous and current written questions: Page 69 of 74 S:10OCUMEN'l120161PROCUREMENT116-0214 Restroams and Precast Buildiags116-0214 1TB Precast Restrooms Agreement_LRG 6.10.16.doex Page 142 of 246 Question 1: Soll conditions Doing that these are new site locations and no soil logs to verity, if no -suitable soils arc found during excavation and/or failure to be ableto get required compaction will a change order be issued to currecl issue. Answer 1: `rho County will insure the Bite is ready for installation. Question 2. Under the speeifcation sheet my item 3.0 to ,access. This calls out for tale contractor to install or affirm that thew will be a firm roadlxd with turns that allow 65 foot low bed tractor - trailer must be provided directly to the site. When the question was asked at the pre -bid it W03 stated that most of'these buildings will be on sites that have already been constructed and should not be an issue, if this would come up, what is the allotted distance that we treed to figurer or will Ws be a change order site specific? Answer 2: County will provide Adequate access for equipment to within 30' of project area. Question 3t Call you please provide clarification on the following Additive Accussories and Options (pages 21 and 22 of the Invitation to ]Rid) Question 3u; Under pricing Item 2: Dyson Air Blade A1304420-C.i Hand Dryer Dyson also makes an A1114-120•G raudel which is not as quiet as the ARM, but it lass expensive. Please confirm that the A1304-124-0 is correct model 0, Answer Sat AIB04-120-G is the correct model 4 and should be itsed For the base bid. Art approved equal can also be offered by the vendor with the County reserving 1110 right tc choose. Question 3irt tinder Pricing Items 4 to $: Please confirm whether or not faucets andlor flush valves need to be included in price, if faucets should be included pimo provide model number for either push button faucet or handle faucet. We generally price/supply Sloan flush. valves. If flush valves should be included, please confirm that Sloalt is an acceptable mtuiufaeturer. Answer 31)1 This is a turn key operation therefore faucets and flush valves are required. Push button faucets are preferred; Delta brtuld or approved, equal arc acceptable. Please see photo of existing faucets. Sloan brand a1- other approved equal flush valves are acceptable. Acknowledgement of Addendum: FirntName: Leesburg Concrete Company, Incorporated Dxte: 4/11/M16 Signature: t1e: _ VIP- '1'ypodl!'rintcdName: Kirkland). Muse Page 70 of 74 S:\DOCUMEN"t120161PROCUREMENT1l6-0214 Restrooms and Precast $usldings116-0214 1TB Precast Restrooms Agreement_LRG 6.10.16.docx Page 143 of 246 Page 71 of 74 S:\DOCUMENMO]61PROCUREMPNl116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooins Agreemenc_LRG 6.10.16.docx Page 144 of 246 ATTACHMENT C: PRICING SECTION 4—PRICINGIC'ERTI1+ICATIONS/SIGNATURES IT 0 N umber: 16-02 111 I7'13 TITLE: PROVID13 AND INSTALL PRE--C'AST (.'0NCRETE IMSTR(lOMS NOTES: o Whim pilrelmsiag on a direct btlsis,1,,ake County is rxenlpt from all taxes (Federal, State, Local), A Tax T,x011lpt)Otl (_zrLifirmto will be tilmished upoll rotil09t for SILO) purehases. I10wevol'r the vendw, will he respolisible. fol• payment of taxes on all materinis ptirchnscil by the Vel:tdor fol` incorporation into the project (see 1)rovi81011 3.8 for t't)rtller detail). • Tile vendor $hall not alter' Or amend any of the llll0l'1tlAti()n (including, but not lluuiteil to stati:tl tlltits of ineasure, item description, or ilualltity) S(ntLd ill tilt; Pl'leillg Section, If Oily gU211titieS n)'e SI'Med ill the pricing scotion its being 4 w5tinmted" quint1tias, mido)'8 are advised to review the `Estitllated Qkl3l)1.iti0S" eiatl5C C011tflllled in Section 3 of this sollcitlition. • Any bid containing a modifying or "escalator" clause not specifically allowed foe' under the solicitation will not be cotmide►ed, c All pricing shall be FOR ❑estil111Liuil 1111le55 otherwise specified ill this solicitation di)mori0llt, • All pricing submitted shall remain valid for a 90 day period. By siglli)ig and submitting a respanso to this solicitntioll, the vendor, has specifically agrood to this conditioll. • 'Vendors are advised to visit ottr Iwcbsite at httntfl m1w.laliecoilnt-Vil.Rov and register as a poterltiul vendor. 'Vendors that have registered on-line receive ale e-nifill notice when (lie County issues a solicitntioll l"Whiug the commodity Codes selected by a Ventlor. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: C;omplutc Part I or P111111, whi'010YO . applies `Idle bidder ]deist list below the dines of 3SS110 fot' e'10 addendum received in connection with this 1TB: Addendtttn # i, Dated: March 29, 2016 -_ Addenduln 42,1Med: April 5, 2016 Addendtnn 113, Dated: Addendum 44, Dated: [] No Addendum was teeeived ill connection with this ITf3. Revised price to accompany letter 05119116 PRICING SLi'C'I'ION Specifieation Section 2: Froyide and Install Preeast Concrete Bui11iinp Italia 1: 10, x 12' x 81 storage building Total $ 39,984. Item 2: 30' x 8' x 811 dugout 'I`otat 441175, Page 72 of 74 S:IDOCUMENT120161PROCUREMEN3116-0214 Restrooms and Precast Buildings\16-0214 1TB Precast Restrooms Agreement_LRG 6.10.16.docx Page 145 of 246 K Revised price to accompany letter 05119M 6 SECTION 4 -- IIRICINGICI'.RT.IlqCATIONS(SI(;NiVr UI�S ITB NILniber: 164214 Item 3: 31' x 8' x 8'la dugout with storage Total $ 55,564. _ Specifteatio)) Section 3. Provide, and Install Precast Concrete Dry Vault Re,9trooms Item 4: Blue Ridge Single Dry Vault Restroom 'T01111 42,2fi L. ....... Mein 5: Sierra Outback Dottble I Ty V nult Restl ooze Total $ __ _68,456. 8pecificntion Section 4: Provide and Install Precast Concrete Plumhctl Rcstroo1ats Item 6: Logan Single Plumbed Restraorn Total $..-59,227. Itoro 7: Carson Double Plumbed Restroom Total � Item 9: Sierra Outback Double Plumbed Rostrootn Total „ 79,188. Item 9: Narihlake'E'riple Plumbed R.estrnosn �1'C1tEil $ 104,983 ._......-.... Itenf 10: Volusia 6 stall Plumbed Reskoom Total $ 119,000. Item 11: 20' x 24' x 8'h Concession with Four Stall Restroani Total $ 143,9G3, Item 12: 24' x 30' x 9'h Concession with Fight Stall Restroom Total $ 1II6,5�►�............ Specifieation Section 5. Provide and Install Site Assembled Precast Panclized 1311ilding Item 13: 20' x 24' Site Assembled Panelized Building Total $_ 62,326. Item 14: 20' x 30' Site Assembled Penalized Building Total $ 71,962. Total price for Items 1 tlu'ough 14: $ 1,156,763. Additive A.ccessorie.9 and Options (Provide and Install) 1. Xelerator.land Dryer Moc1a:1 XI,BW $ 607. 2. Dyson Air Blade AD04-120-G Airhlade Hand Drycr 3. 2 Ton Hard HVAC with I.IeEat and tltcl'atostat 4. Kohler china Soho White wall mounted sllalc $_ 3z3. 5, American Std .Model 11 3695.128 rear dischal-ge toilet $ 529. Page 73 of 74 s:1DocUMENT20161PROCUREMENT116-0214 Restrooms and Precast Buildings116-0214 1TB Precast Restrooms Agreement_t,RG 6.10.16.doex Page 146 of 246 SECTION 4 — PRIC INGICI'raRTiirTCA'rIONSISIGN,11,TURF. ITJI Nuniber: 16-0214 6. Stainless steel urinal Aconi Engineering # 1709HEU $ :t,502. 7. Stainless stool pit toilet Acorn Enginmring #2I31 $ 2,094. 8, Kohler 10991-L'i'»0 BKtdon r;hina ilrinal $ 350. 9. Koala Kart Baby Clianging St model i! KI('-IC.k_ 2,00-00 :fir, .. 324. 10. Rleclrical Package to include: $ 1,900. 100 Amp parcel with G- E 12 01Tuit 24 space 100 Amp Main Breaker Load Ccrnter Interior lights (3 each) - Portfolio 265 inch white fluorescent with light diffusing shield. Exterior (2) - Utiliteeh Pro 180 2-herd motion activate flood light. - GFCI outlet 0 ca) Price for each additional interior light: $ 220. _ Price for each additional GPC1 outlet: S_,1-56•_.- 11. SA IT' Contribigal fiberglass exhaust fan, assume electric is provided in building. $ 782. m 12. 4" deep concrete sidewalk with Fiberinesh priced per sgft: $ 13. 6" deep concrete sidewalk with Yiberniesh priced per sglt: $„ 7. 14, 200 Ton Crafte Upcharge, 50' reach, per installation c tort: S Vendor's Florida License hype and Number, State of Florida -Mfg License 97GO009503 Buildirip Contractor, Shawn B. Thomas, Leesburg Concrete Company, Inc. CBC1254'153 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requirement9 (as an entity) to do business with the County • The undersigned vendor acknowledges that award of a contract may bo contingent upon a deterrniriation by the County that the vendor has the capacity and o apability to successfully perform the contract. • The bidder hereby certifies that it understands all requirements of this solicitation, and that thu untlersigtied individual is duly authorized to execute this hill document and any contract(q) and/or other transactions required by awardof this solicitation, Certification Regarding Acceptance of County Electronic Payable Process Vendor will accept payment through the County's VISA- based electronic payment systcm: R Yus n No Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. if Lake County awarded you the _proposed contract, would you sell under the same tennis and conditions, for the sane price, to Page 74 of 74 S:1DOCUMFN7120161PROCUREMEN"1\16-0214 Restrooms and Precast Buildings116-0214 CrB Precast Restrooms AgreementLRG 6.10.16.docx Page 147 of 246 '4CC)R og CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY 4/11/2016 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lassiter -Ware Insurance Of Leesburg 1317 Citizens Blvd. Leesburg FL 34748 CONTACT Connie Russell NAME: PHONE (800) 845-8437 FAC No: f9B818B3-8680 EMAIL ConnieR@lassiter-ware.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A:ArneriSure Mutual. Insurance 23396 INSURED Leesburg Concrete Company, Incorporated 1335 Thomas Ave. Leesburg FL 34748 INSURERR:AmeriSLlre Insurance Company 19488 INSURERc:Insurance Company of the West 27847 INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:15/16 Master 15/16 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSR WVQ SUER POLICY NUMBER MMIDIDIYYYY MMI�DIYYYY LIMITS GENERAL LIABILITY EACHOCCURRPNCF $ 2,000,000 X COMMPRCIAL GENERAL LIABILITY OAMAGETORENTED PREMISES Ea occurrence $ 1,000,000 A CLAIMS -MADE WOCCUR X Y CPP2080348 12/22/201512/22/2016 MEDEXP(Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 X XCU X Contractual GENERALAGGRPGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PPR: PRODUCTS - COMPIOPAGG $ 2,000,000 S POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,000 BODILY INJURY (Per person) S B X ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED X Y A20664400501 12/22/201512/22/2016 AUTOS AUTOS X X NON -OWNED F.,.,cRd niDAMAGE $ HIRED AUTOS AUTOS PIP $ 10,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3 , 000 r 000 AGGREGATE S 3,000,000 A EXCESS LIAR CLAIMS -MADE DED I X I RETENTIONS 0 $ U20664430502 12/22/2015 12/22/2016 C WORKERS COMPENSATION Y X WC STAT1U- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE [ E.L. EACH ACCIDENT S 11000,000 OFFICERIMEMBEREXCLUDED7 {Mandatory In NH) N f A FL502690401 5/1/2 015 5/1/2016 E.L. DISEASE - PA EMPLOYE 8 1, 0 0 ()0 0 0 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Leased/Rented Equipment PP2080348 12/22/201512/22/2016 Limit 150,000 A Installation Floater PP2080348 12/22/2U1512/22/2016 Limit 143,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, If more space is required) ITB Number 16-0214 The certificate holder is an additional insured for premises operations under the terms and conditions of the general liability policy with respects to work being performed by the named insured as required by written contract. This insurance shall be primary and non-contributory to the general liability. The Workers Compensation, General Liability & Business Auto policies contains a Waiver of Subrogation in favor of the certificate holder. Cancellation for all policies except WC: Cancellation: Thirty (30) day's notice except for Ten (10) day's notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lake County, A Political Subdivision ACCORDANCE WITH THE POLICY PROVISIONS. of the State Florida, And the Board of AUTHORIZED REPRESENTATIVE County Commissioners P O Box 7800 Tavares, FL 32778-7800 Mitch Wiley/VIVA ��'•- ��-��-}+� ��-' ACORD 25 (2010/05) c01988-2010 ACORD CORPORATION. All rights reserved. INS025 (201o05)-01 The ACORD name and logo are registered marks of ACORD Page 148 of 246 z C t AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laura Cubbedge, Venue Coordinator SUBMITTED BY: Parks & Recreation 8.C.5. 2021-52063 CONSENT AGENDA -PARKS & RECREATION DATE: 8/3/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No SUBJECT: Peter W. Busch Family Foundation Wild Game Dinner Fee Waiver $1500.00 BACKGROUND: Since 2005, the Peter W. Busch Family Foundation (PWBFF) has hosted an event at the St Lucie County Fairgrounds. This one day event will be the organization's first time hosting their annual Wild Game Dinner. All proceeds from the Wild Game Dinner is donated to the PWBFF to benefit its initiatives. The event is anticipated to have 1500+ attendees. PWBFF was formed over 30 years ago in Fort Pierce, FL by Peter W. Busch. Mr. Busch believed in supporting initiatives that improve the quality of health, education, and families in his community, as well as preserving Florida's indigenous animals and landscape. The PWBFF is a 501(c)3 organization located in St. Lucie County. The organization and event meets the requirements of the St. Lucie County Use Policy for fee waivers. This organization is requesting that the County waive the Adams Arena rental fees of $1500.00.The Peter W. Busch Family Foundation has agreed to reimburse the County $2976.00 for staffing, supplies and equipment costs associated with the event, as required by Board policy. PREVIOUS ACTION: The Peter W. Busch has hosted events at the Fairgrounds for the last 16 years. A fee waiver has been approved for all of their previous events. This is the first time the Wild Game Dinner will be hosted at the Fairgrounds. FINANCIAL IMPACT: The County will forgo the Adams Arena Rental fee of $1500.00 to the User Fees Revenue Account (001-7215- 347221-7420), if the waiver is approved RECOMMENDATION: Page 149 of 246 Staff recommends Board authorization to waive the $1500.00 for the rental fees of Adams Arena for the 2021 Peter W. Busch Family Foundation Wild Game Dinner to be held at the St. Lucie County Fairgrounds on October 8, 2021, as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 15, 2021 Matt Baum, Interim Parks & Recreation Director N Date: July 22, 2021 Daniel McIntyre, County Attorney Date: July 23, 2021 Alphonso Jefferson, Deputy County Administrator Page 150 of 246 } SOUTHERN EAGLE D! S U T! N G Busch Family Foundation 5300 Glades Cutoff Road Fort Pierce, FL 34981 April 14, 2021 Mr. Matt Baum, Director Parks, Recreation & Facilities 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Baum, The Busch Family Foundation is recognized as exempt under section 501(c)(3) of the Internal Revenue Code. As you may know, the BFF has been hosting events at the St. Lucie County Fairgrounds since 2005. We are requesting a waiver of the fees for the Adams Equestrian Arena and the FFA concessions building for our loth Annual Wild Game Dinner on October 8, 2021. We expect at least 1500 attendees for this event. The mission of the Busch Family Foundation is to support, enrich, and enhance our local community by generously giving 100% of its proceeds back to the community. Formed over 30 years ago by Peter W. Busch, the Foundation believes in supporting initiatives that improve the quality of health, education, and families in our community, as well as preserving Florida's indigenous wildlife and landscape. We are very excited to continue our relationship with the St. Lucie County Fairgrounds and hope to have another successful weekend event, so that we can continue to help fund our local charities. Sincerely, Julia M. Busch Southern Eagle Distributing (772)216-1048 Page 151 of 246 Exhibit "A" Contract and Reservation Fee Schedule VENUE: St. Lucie County Fairgrounds Date: April 16, 2021 Event Date: October 8, 2021 Event Day: Friday Event: Busch Family Foundation Wild Game Dinner Event Times: 4:30pm-11pm Set Up/Load In: 10/7: 8am-5pm / 10/8: 8am-4pm Contact Name: Julia Busch Set Up/Load In Hours: 16 Break Down/Load Out: 10/9: 9am-12pm Organization: Peter W. Busch Family Foundatio Break Down/Load Out Hours: 3 Address: 5300 Glades Cutoff Road Total Event Hours: 26 Fort Pierce, FL 34981 Office Phone: Fax: Cell: 772-216-1048 E-mail Address: Ibusch(d-)sedist.com Facility Use Fee Rate Adams Equestrian Arena (Ticketed Event) 1 day a@ $2,000/day Equipment Use Fees Electric Panel Fee $2,000.00 Sub -total $2,000.00 Deduct 25% Nonprofit Discount $500.00 Revised Sub -total $1,500.00 Sales Tax 7% T/E FACILITY FEES TOTAL 'WAIVED BY SLC BOCC $1,500.00 2@ $100 ea. Staff/Personnel (security not included) Hours Event Supervisor (required) 18 Event Support (4 custodians @ 8 hours each) 32 Other Fees Cleaning Fee Concession Fee Alcohol Service Fee Security Deposit (refundable) Preparer's Initials T.MV $200.00 Sales Tax 7% EQUIPMENT FEES TOTAL $200.00 Hourly Rate Hours $26.00 $468.00 Hours $19.00 $608.00 STAFF FEES TOTALF $1,076.00 $550 $550.00 Greater than 1000 people $150.00 $1 per person over age 21 (max $1000) $1,000.00 OTHER FEES TOTAL $1,700.00 SECURITY DEPOSIT TOTAL $0.00 TOTAL CONTRACT CHARGES $2,976.00 Lessee's Initials: Does not include charges for County -required security or emergency medical personnel which are paid to others. All required documents must be submitted 30 days prior to event date. Additional charges may be incurred as a result of changes to the event. Additional charges will be incurred for events which exceed planned attendance and/or extend beyond hours reserved. See contract for details. 15 Updated, July 2018 Page 152 of 246 0000a42 10/16/18 NO sm RARIiiA Consumer's Certificate of Exemption Issued pursuant to Chapter 212, Florida Statutes DR-14 R. 01/18 I 85-8016318561 C-6 I 12/09/2018 I 12/31/2023 I 501(C)(3) ORGANIZATION , Cwtifirate Number Effective Date Expiration Date Exemption Category This certifies that PETER W. BUSCH FAMILY FOUNDATION 5300 GLADES CUT OFF RD FORT PIERCE FL 349814613 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. ■ FLORIDII Important Information for Exempt Organizations DR-14 R. 01/18 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the Individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property Is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FA.C.). 5. It Is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certiflcate. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. Page 153 of 246 (11' lmny d "J� pm tmeN r I ®S slernnl lryeltie tierOct. P.O. Box 2508 Cincinnati OH 45201 In reply refer to: 0248162362 Dec. 19, 2013 LTR 4168C 0 43-6387996 000000 00 00019790 BODC: TE PETER W BUSCH FAMILY FOUNDATION 5300 GLADES CUT OFF RD EW;.11"FORT PIERCE FL 34981 < OO1B39 Employer Identification Number: 43-6387996 Person to Contact: Mr. McQueen Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your Dec. 10, 2013, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in October 1991, Our records also indicate that you are a private non -operating foundation described under section 509(a) of the Code. Donors !liay deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you at - for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j) of the Code on our website beginning in early 2011. Page 154 of 246 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners 8.D.1. 2021-52025 CONSENT AGENDA -PUBLIC UTILITIES DATE: 8/3/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Rebecca Olson, Assistant Director of Public Utilities Utilities Approve CDM Smith Work Authorization 18 - St. Lucie County Public Utilities Facilities Plan and State Revolving Fund Loan Assistance - St. Lucie County Utilities (SLCU) desires to pursue State Revolving Fund (SRF) Loan money to finance septic removal at North Hutchinson Island. This project may be eligible for SRF grants and loan funding. A fast -track approach will be required to maximize the amount of funding the County will receive. It is SLCU's desire to include as much of the costs of the projects listed in the fundable portion of the SRF list as possible. St. Lucie County Utilities (SLCU) desires to pursue State Revolving Fund (SRF) Loan money to finance septic removal at North Hutchinson Island. This project may be eligible for SRF grants and loan funding. A fast -track approach will be required to maximize the amount of funding the County will receive. It is SLCU's desire to include as much of the costs of the projects listed in the fundable portion of the SRF list as possible. SLCU would like to utilize the services of the CDM Smith in the completion of various Projects, to provide professional utility engineering services under the pricing, terms and conditions of the continuing contract (C17-10-792). The services to be provided by CDM shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which are attached hereto and made a part of this work authorization and incorporated herein. PREVIOUS ACTION: N/A FINANCIAL IMPACT: This project has a total not to exceed cost of $81,290. Funds will be made available in account #471-3600-531000-360000 through a line to line budget transfer from other operating accounts. Page 155 of 246 RECOMMENDATION: Staff recommends the board approve CDM Smith Work Authorization 18. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 12, 2021 George Landry, Director of Public Utilities Date: July 12, 2021 Jennifer Hill, Office of Management & Budget Director wi-- r Date: July 14, 2021 Daniel McIntyre, County Attorney Date: July 19, 2021 Mark Satterlee, Deputy County Administrator Page 156 of 246 WORK AUTHORIZATION NO. 18 CONTRACT C17-10-792 THIS WORK AUTHORIZATION is made as of the day of , 2021, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and CDM SMITH INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on October 17, 2017, the County entered into a Professional Engineering Services Agreement (Contract No. C17-10-792) hereinafter referred to as "Contract" with the Consultant to provide continuing professional Utilities Engineering Services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, the Legislature of the State of Florida amended Section 287.135 Florida Statutes to provide that any contract by a local governmental entity for goods or services of any amount entered into or renewed after July 1, 2018 must contain a provision that allows for the termination of such contract at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; and, WHEREAS, the Legislature of the State of Florida amended Section 448.095(2)(a) Florida Statute to provide that any contract by a local government entity must contain a provision for the use of the Federal E-Verify System to confirm the work authorization status of new employees hired on or after January 1, 2021. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County Public Utilities Facilities Plan and State Revolving Fund Loan Assistance (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of various Projects, to provide professional utility engineering services under the pricing, terms and conditions of the continuing contract (C17-10-792). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and Page 1 of 4 Page 157 of 246 according to the schedule which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid at the approved hourly rates and will not exceed a total amount of $81,290.00 (eighty-one thousand two hundred ninety and 00/100 dollars), as further detailed in Exhibit "A". No reimbursable expenses will be paid pursuant to this work authorization. Any sub -consultant fees associates with this work authorization will be paid as a direct pass through without any additional mark-up or administrative fee. This work authorization shall meet the definition of "Construction Services" as defined in F.S. §218.72. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. 4. CONSTRUCTION COSTS: The construction costs of any of the various Projects for which Consultant will render the Professional Services under this work authorization are estimated by the County not to exceed $4,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further described in Exhibit "A" Time of Completion/Schedule. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $50.00 (fifty and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. Page 2 of 4 Page 158 of 246 f. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. 7. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS Effective January 1, 2021, As required by Section 448.095(2)(a), the Contractor and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Contractor shall provide documentation of their compliance of this requirement to the County upon request. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR Page 3 of 4 Page 159 of 246 WITNESSES: (1) (2) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CDM SMITH INC. BY: PRINT NAME: Page 4 of 4 Page 160 of 246 WORK AUTHORIZATION NO._ EXHIBIT A ST. LUCIE COUNTY, FLORIDA FACILITIES PLAN AND STATE REVOLVING FUND LOAN ASSISTANCE This Work Authorization, when executed, shall be incorporated in and become part of the Agreement for Professional Services No. C17-10-792 between St. Lucie COUNTY, Florida (COUNTY), and CDM Smith Inc. (CONSULTANT), dated October 17, 2017, hereafter referred to as the Agreement. PROJECT BACKGROUND The COUNTY desires to pursue State Revolving Fund (SRF) Loan money to finance septic removal at North Hutchinson Island. This project may be eligible for SRF grants and loan funding. A fast -track approach will be required to maximize the amount of funding the COUNTY will receive. It is the COUNTY's desire to include as much of the costs of the projects listed in the fundable portion of the SRF list as possible. SCOPE OF SERVICES CONSULTANT will assist the COUNTY with the various activities associated with pursuing SRF Loan financing administered by the Florida Department of Environmental Protection (FDEP). The following tasks are specifically included in this work effort. TASK 1 DATA COLLECTION AND FDEP COORDINATION Under this task, CONSULTANT will perform the following services: ■ Schedule and attend one virtual kick-off meeting with COUNTY staff. ■ Submit information request to COUNTY. ■ Prepare draft requests for inclusion (RFI) and project schedules. ■ Schedule and attend one virtual meeting with FDEP staff to discuss the COUNTY's projects. ■ Prepare and submit revised RFI's to FDEP. TASK 2 201 FACILITIES PLAN FOR WASTEWATER CONSULTANT will prepare a 201 Facilities Plan for Wastewater which will: a) Summarize wastewater management planning and the recommended alternatives. b) Identify the need for the various projects. c) Describe the project and alternatives, including their capital costs and phasing. Smith A-1 jj3063. WA. docx Page 161 of 246 d) Evaluate the economic and implementation considerations and recommend alternative. e) Describe in detail the recommended project, including a plan for funding which outlines the total project costs and annual cost to customers. f) Outline institutional arrangements, an implementation schedule and the phasing of project. The CONSULTANT will provide an electronic copy in pdf format of the draft Facilities Plan for review by COUNTY staff. Based on comments received, the CONSULTANT will prepare a final 201 Facilities Plan incorporating input from the COUNTY. CONSULTANT will also prepare a CD with the 201 and other supporting documents in pdf format. TASK 3 FINANCIAL FEASIBILITY The CONSULTANT will prepare the FDEP SRF Capital Financing Plan. The plan will address the costs of capital improvements to the wastewater management system over the next five years. The operation, maintenance and replacement costs associated with the system will be included in the plan. The plan will recognize both existing and future debt service. The sources of the revenues to be used to pay for the identified costs will be described. The CONSULTANT will provide a draft copy of the plan in pdf format for review with COUNTY staff and conduct one follow-up meeting with COUNTY staff to answer questions and review their comments. The CONSULTANT will prepare a final Capital Financing Plan incorporating input from the COUNTY and provide an electronic copy in pdf format. TASK 4 PUBLIC HEARING ASSISTANCE The CONSULTANT will assist the COUNTY with planning, scheduling, and conducting one public review prior to the public hearings on the 201 Facility Plan and the Capital Financing Plan. The CONSULTANT will plan, schedule, and actively participate in one public hearing where the 201 Facility Plan and the Capital Financing Plan are addressed. A Certificate of Public Participation will be prepared by the CONSULTANT and included in the planning documents submittal to the State Clearinghouse Review. TASK 5 SRF COORDINATION ASSISTANCE The CONSULTANT will perform services and tasks as required to apply for and maintain SRF eligibility. The CONSULTANT will, within the time requirements, submit the final 201 Facility Plan (prepared under Task 2), which will meet governmental processing requirements for participation in the SRF program. TASK 6 LOAN APPLICATION ASSISTANCE The CONSULTANT will assist in completing the loan application (form 62-503.900(2)) and agreement. CONSULTANT will participate in one conference call with COUNTY bond attorney concerning recommended adjustments. TASK 7 PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this Work Smith A-2 jj3063. WA. docx Page 162 of 246 Authorization are consistent with CONSULTANT's standards and the COUNTY's requirements. Specific activities included are identified below. CONSULTANT maintains a Quality Management System (QMS) on all projects. In accordance with the QMS Quality Procedures, a project planning and scope review meeting will be conducted at the start of the project. In addition, the CONSULTANT's Technical Specialists will perform quality reviews of the 201 Facilities Plan and Capital Financing Plan. DELIVERABLES CONSULTANT will provide the following deliverables to the COUNTY: ■ 201 Facilities Plan ■ Capital Financing Plan ASSUMPTIONS The COUNTY will be responsible for advertising the notice of the public review meetings and public hearings. ■ The COUNTY will provide required information for request for inclusion. ■ Design and permitting services are not included. ■ Hydraulic modeling will not be conducted. TIME OF COMPLETION/SCHEDULE It is anticipated that the work will take 8 months to complete, starting within two weeks of receipt of formal Notice to Proceed (NTP). CONSULTANT and COUNTY agree to the following estimated schedule: Data Collection Prepare Draft Request for Inclusion (RFI) Prepare Revised RFI and Submit to FDEP Prepare 201 Facilities Plan for Wastewater Prepare Capital Financing Plan Public Hearing Assistance Loan Application Assistance COMPENSATION AND PAYMENT 30 days from Start 30 days from receipt of information from COUNTY 15 days following meeting with FDEP 90 days following RFI Submittal to FDEP (TASK 1) 90 days following RFI Submittal to FDEP (TASK 1) TBD TBD Compensation for the work outlined in the Scope of Services described herein shall be made in accordance with Agreement between COUNTY and CONSULTANT on the basis of a Not -to -Exceed fee. The Not -to -Exceed amount for this Work Authorization is $81,290. CONSULTANT will submit monthly invoices for work performed based on hours incurred and the hourly billing rates included in Exhibit B of the Agreement. For invoice purposed only, the value of each task is as shown in Table 1. Smith A-3 jj3063. WA. docx Page 163 of 246 Table 1 Task Value for Invoice Purposes Only Task No. Description Value Task 1 Data Collection & FDEP Coordination $13,500 Task 2 201 Facilities Plan for Wastewater $31,370 Task 3 Financial Feasibility $8,370 Task 4 Public Hearing Assistance $7,160 Task 5 SRF Coordination Assistance $3,160 Task 6 Loan Application Assistance $2,300 Task 7 lProject Quality Management $15,430 TOTAL WORK AUTHORIZATION (NOT -TO -EXCEED) $81,290 Note: The information provided in Table 1 is intended as an estimate of the budget distribution. Consultant may shift budget between tasks to complete the identified scope of services. Smith A-4 jj3063. WA. docx Page 164 of 246 f:X:11-T iMl BUDGET PROJECT: Facilities Plan and SRF Assistance PROJECT DESCRIPTION: As Outlined in the Scope of Services, Exhibit A REFERENCE: Agreement between St. Lucie County Board of County Commission and CDM Smith Inc. Labor Category Hours Rate Total Senior Officer 32 $255 $8,160 Associate 6 $235 $1,410 Principal 92 $230 $21,160 Senior Professional 66 $180 $11,880 Professional) 300 $115 $34,500 Senior Support Services 12 $140 $1,680 Project Administration 25 $100 $2,500 TOTAL HOURS 533 TOTAL LABOR COST (INCLUDING ROUTINE ODCs) TOTAL PROJECT AMOUNT (NOT TO EXCEED) Smith B-1 $81,290 81 290 J3063. WA.docx Page 165 of 246 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners 8. D.2. 2021-51866 CONSENT AGENDA -PUBLIC UTILITIES DATE: 8/3/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Rebecca Olson, Assistant Director of Public Utilities Solid Waste & Recycling Proposal to Increase Landfill Hours of Operation and Include 5 Additional Full Time Employees Increased hours will accommodate the growth of St. Lucie County and its enveloped municipalities and will require additional county staff. Extended hours will be for the current waste hauler only - hours to the public will remain the same. St. Lucie County Solid Waste (SLCSW) is requesting to change the hours of operation for the St. Lucie County Baling and Recycling Facility (Landfill) to accommodate the growth of St. Lucie County and its enveloped municipalities. This change will also accommodate the increase in curbside waste due to a sustained number of residents working more hours from home due to the COVID19 pandemic. SLCSW is requesting to change the Landfill's hours of operation from 7am — 5pm Monday through Friday to 7am — 7pm Monday through Friday. SLCSW is also requesting to change the Landfill's hours of operation on Saturdays from 8am —1pm to 8am — 5pm. The extended hours will only be for SLCSW's contracted waste hauler (Waste Pro). Landfill hours for the public will remain the same. The increased hours will also help SLCSW's contracted waste hauler (Waste Pro) recover and deliver more residential curbside waste. Waste Pro adds a new route every couple of months, resulting in increased route completion times and increased need to offload the trucks several times per day. Failure to adjust the Landfill hours of operation to accommodate St. Lucie County's growth and increased curbside waste could result in increased waste collection service delays. To facilitate the additional hours, SLCSW is also requesting the addition of 5 FTEs. PREVIOUS ACTION: N/A FINANCIAL IMPACT: To facilitate the additional hours, SLCSW is also requesting the addition of 5 FTEs: Page 166 of 246 • Four FTEs for landfill operations (Union and Non -Union). • One additional FTE for scale house operations (Non -Union) Funding for this request is available in account #401-3410-512000-340000. Total cost is approximately $32,728 for the balance of this fiscal year. Sufficient funding will be available in FY22 through a reallocation of accounts in the operating category into personnel to support these 5 positions. RECOMMENDATION: Staff recommends the board approve the proposed increase in landfill operating hours and the accompanying 5 FTEs to support the extended operational times. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 06, 2021 George Landry, Director of Public Utilities Date: July 26, 2021 Jennifer Hill, Office of Management & Budget Director Date: July 28, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Mark Satterlee, Deputy County Administrator Page 167 of 246 Date: July 28, 2021 Howard Tipton, County Administrator Page 168 of 246 Cf VC a... Board of County Commissioners Chris Dzadovsky DISTRICT I Chair Sean Mitchell DISTRICT 2 Vice -Chair Linda Bartz DISTRICT 3 Frannie Hutchinson DISTRICT 4 Cathy Townsend DISTRICT 5 Administration Howard Tipton COUNTY ADMINISTRATOR Dan McIntyre COUNTY ATTORNEY ST. LUCI E To: Howard Tipton, County Administrator Thru: George Landry, Director of Public Utilities & Solid Waste Shanelle Tomlin, Human Resources & Risk Management Assistant Director Jennifer Hill, OMB Director Mark Satterlee, Deputy County Administrat From: Rebecca Olson, Assistant Director of Public Utilities Date: June 24, 2021 Subject: Landfill Hours of Operation Change to Include 5 FTEs St. Lucie County Solid Waste (SLCSW) is requesting to change the hours of operation for the St. Lucie County Baling and Recycling Facility (Landfill) to accommodate the growth of St. Lucie County and its enveloped municipalities. This change will also accommodate the increase in curbside waste due to a sustained number of residents working more hours from home due to the COVIDI9 pandemic. SLCSW is requesting to change the Landfill's hours of operation from lam — 5pm Monday through Friday to lam — 7pm Monday through Friday. SLCSW is also requesting to change the Landfill's hours of operation on Saturdays from Sam —1pm to Sam — 5pm. The extended hours will be for SLCSW's contracted waste hauler (Waste Pro). Landfill hours for the public will remain the same. The increased hours will also help Waste Pro recover and deliver more residential curbside waste. Waste Pro adds a new route every couple of months, resulting in increased route completion times and increased need to offload the trucks several times per day. Failure to adjust the Landfill hours of operation to accommodate St. Lucie County's growth and increased curbside waste could result in increased waste collection service delays. To facilitate the additional hours, SLCSW is also requesting the addition of 5 FTEs: • Four FTEs for heavy equipment operations (Union). • One additional FTE for scale house operations (Non -Union) Funding for this request is available in account #471-3604-512000-36000. Thank you for your consideration. Approve / Deny[ ] __.) ii� Howard Tipton, Count Administrator 6/y/.ar Date Rebecca S. Olson I Assistant Director I Public Utilities & Solid Waste ff'1-6126 Glade Cutoff Rd I Fort Pierce, Ft, 34981 `. (772) 462-1528 : (772) 462-1428 ►u o/,3onr@stlucieco.org (772) 462-6987 a lww,stlucieco.gov Page 169 of 246 AGENDA REQUEST TO: Board of County Commissioners 8.E.1. 2021-52082 CONSENT AGENDA -PUBLIC WORKS DATE: 8/3/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works SUBJECT: Culvert 2021-01 MSBU - Initial Assessment Resolution BACKGROUND: Stormwater culverts direct and channel the flow of stormwater under driveways, roads, sidewalks and other obstructions and are an integral component of stormwater management. Culverts fail over time due to maintenance, environmental or installation issues. Culvert failure can lead to localized flooding which may impede safe conditions of ingress and egress for owners and residents of property in the affected area as well as the traveling public, visitors, emergency responders and other public service providers. Some culvert owners may lack the resources to pay for improvements and repairs. In February 2021, the Board established a voluntary program, Ordinance 21-004, to which eligible property owners can apply for and receive funding to improve or repair culverts and then repay this funding through the imposition of a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. The attached Resolution No 2021-318, constitutes an Initial Assessment Resolution as required by the County's Ordinance 21-004. The purpose of this Resolution is to describe the property to be located within the Culvert 2021-01 MSBU, provide for the imposition of special assessments therein, direct the assessment coordinator to prepare a preliminary assessment roll and to take such actions as may be necessary in furtherance thereof, establish a public hearing to consider the imposition of the proposed assessments, and provide an effective date. PREVIOUS ACTION: February 23, 2021- the Board adopted Ordinance No. 21-004, establishing a program to fund the improvement and repair of stormwater culverts through the imposition of special assessments. FINANCIAL IMPACT: N/A Page 170 of 246 RECOMMENDATION: Staff recommends Board approval of Resolution No. 2021-318, the Culvert 2021-01 MSBU Initial Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Don West, Public Works Director Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Coordination/Signatures Date: July 21, 2021 Date: July 21, 2021 Date: July 22, 2021 Page 171 of 246 RESOLUTION NO.2021-318 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND STORMWATER CULVERT IMPROVEMENTS WITHIN THE PROPOSED CULVERT 2021-01 MUNICIPAL SERVICE BENEFIT UNIT; DESCRIBING THE PROPERTY TO BE LOCATED WITHIN THE CULVERT 2021-1 MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS THEREIN; DIRECTING THE ASSESSMENT COORDINATOR AND COUNTY STAFF TO PREPARE A PRELIMINARY ASSESSMENT ROLL AND TO TAKE SUCH ACTIONS AS MAY BE NECESSARY IN FURTHERANCE THEREOF; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: ARTICLE I INTRODUCTION SECTION 1.01. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Chapter 40, Article VIII of the County Code of Ordinances (the "Assessment Ordinance"), sections 125.66,197.3632, and 197.3635 of the Florida Statutes, and other applicable provisions of law. SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial Assessment Resolution within the meaning of the Assessment Ordinance. All capitalized words and terms not otherwise defined herein shall have the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Collection Costs" means costs incurred by the Board in the annual collection and administration of the Assessments, including but not limited to fees imposed by the Property 25048/050/01811734.DOCv2 1 Page 172 of 246 Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the early payment of property taxes and non -ad valorem assessments. "County" means St. Lucie County, Florida. "Culvert 2021-1 Municipal Service Benefit Unit" or "Culvert 2021-1 MSBU" means the proposed Culvert 2021-1 Municipal Service Benefit Unit as described in Section 3.01 and Appendix A hereof. "Parcel" means a parcel of real property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder' and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared that: (A) Culverts direct and channel the flow of stormwater under driveways, roads, sidewalks and other obstructions and are an integral component of proper stormwater management by preventing hazardous flood conditions on public rights of way and thereby ensuring safe passage for vehicles and pedestrians during and in the aftermath of rainfall events. (B) Culverts may fail over time due to maintenance, environmental or installation issues, failures related to capacity and volume causing the erosion of the soil around or under them, and 25048/050/01811734.DOCv2 2 Page 173 of 246 structural or material failures that cause culverts to fail due to collapse or corrosion of the materials from which they are made. (C) Culvert failure can lead to localized flooding which may impede safe conditions of ingress and egress for owners and residents of property in the affected area, the traveling public, visitors, emergency responders and other public service providers. (D) In many instances, culverts are constructed or located to serve as access to private property such that the culvert is owned by, and the maintenance, improvement and repair of the culvert is the responsibility of, private property owners. (E) Such owners may recognize the potentially dangerous conditions caused by culvert failure but nonetheless lack the resources or ability to pay for improvements or repairs. (F) In light of the paramount public purpose served by proper management of stormwater and the prevention of hazardous flood conditions on public rights of way, the Board of County Commissioners adopted the Assessment Ordinance to establish a program pursuant to which eligible property owners can apply for and receive funding to improve or repair culverts and then repay such funding through the imposition of a non -ad valorem special assessment against the improved property, collected in annual installments pursuant to the Uniform Assessment Collection Act. (G) The County is authorized by Article VIII, Section 1 of the State Constitution and Sections 125.01 and 197.3632, Florida Statutes, to provide for the imposition and collection of charges in the form of non -ad valorem special assessments. (H) Participation in the culvert improvement program established by the Assessment Ordinance is voluntary, with the Culvert Assessments imposed solely upon the request of and at 25048/050/01811734.DOCv2 3 Page 174 of 246 the option of eligible property owners who have entered into Financing agreements with the County. (I) The special benefits conveyed to Assessed Parcels by the Culvert Improvements include, but are not limited to, increased use, enjoyment and marketability, and remediating potentially hazardous conditions for ingress and egress to the property by Property Owners, emergency response personnel, public service providers and others, resulting from failure of existing culvert facilities and development of the property from its natural state. Assessed Parcels are further benefitted by the Property Owner's ability to finance the acquisition and installation of Culvert Improvements over time through the imposition of Culvert Assessments. (J) The Culvert Assessment imposed against the Assessed Parcel(s) comprising the Culvert 2021-1 MSBU is based upon the actual cost of the Culvert Improvements proposed for the respective Parcels, together with an amount not to exceed 5% of the Culvert Assessment to cover overhead expenses including but not limited to recording fees, credit reports and title searches. The total amount of the Culvert Assessment is set forth in the Financing Agreement for each Parcel and agreed upon by the Property Owner(s). Such method of calculating the Culvert Assessment for Assessed Parcels is therefore a fair and reasonable method for apportioning the costs of the Culvert Improvements and the special benefit conveyed thereby among Assessed Parcels which bears a reasonable relationship to the cost of providing the improvements. (K) The County has received a Financing Agreement signed by the Property Owner(s) for each Parcel comprising the Culvert 2021-1 MSBU. (L) The Board hereby finds and determines that the Culvert Assessments to be imposed in accordance with this Initial Assessment Resolution provide a proper and equitable method of 25048/050/01811734.DOCv2 4 Page 175 of 246 funding the Culvert Improvements by fairly and reasonably apportioning the costs and benefits thereof among Assessed Parcels. ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. CULVERT ASSESSMENT PAYMENT SCHEDULE. Unless determined otherwise by subsequent resolution of the Board, the Culvert Assessments shall be collected, together with annual Collection Costs, pursuant to the Uniform Assessment Collection Act in not more than ten (10) annual installments. The owner(s) of Assessed Parcels may prepay the Culvert Assessment in full at any time by paying the principal amount owing on the Culvert Assessment, and accrued interest through the prepayment date, less a credit for the principal and interest component of any annual installment no yet paid but certified for collection pursuant to the Uniform Assessment Collection Act. SECTION 2.02. AUTHORITY AND DIRECTION. The Assessment Coordinator and other members of County staff are hereby authorized and directed to take such actions as maybe necessary or desirable in furtherance of imposing the Culvert Assessments, including but not limited to the following: (A) Prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal Year commencing October 1, 2021, in the manner provided in Section 40-268 of the Assessment Ordinance. The Assessment Roll shall include all Parcels within the Culvert 2021-1 MSBU. A copy of this Initial Assessment Resolution and the preliminary Assessment Roll shall be maintained on file in the office of the Assessment Coordinator and open to public inspection. The foregoing shall not be construed to require that the preliminary Assessment Roll be in printed form if the amount 25048/050/01811734.DOCv2 5 Page 176 of 246 of the Assessment for each parcel of property can be determined by the use of a computer terminal or internet access available to the public. (B) Prepare such additional resolutions as may be necessary or desirable in order to impose and collect the Culvert Assessments, including a Final Assessment Resolution. (C) Prepare such agreements by and between the Board and the Tax Collector and the Property Appraiser as may be required by the Uniform Assessment Collection Act. (D) Mail and publish any notices required by the Assessment Ordinance, including mailed and published notice of the public hearing established by Section 2.03 hereof. (E) Take such other action as may be required by the Assessment Ordinance. SECTION 2.03. PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on September 7, 2021 in Commission Chambers, 2300 Virginia Avenue, Fort Pierce Florida, at which time the Board will receive and consider any comments on creation of the Culvert 2021-MSBU and the imposition of Culvert Assessments therein from the public and affected property owners and consider adoption of a Final Assessment Resolution approving the Assessment Roll and directing certification and delivery thereof to the Tax Collector. ARTICLE III CULVERT ASSESSMENTS SECTION 3.01. CULVERT 2021-1 MSBU DESCRIPTION. The proposed Culvert 2021-1 MSBU is described in Appendix A attached hereto. SECTION 3.02. IMPOSITION OF CULVERT ASSESSMENTS. Upon conclusion of the public hearing established herein and adoption of the Final Assessment Resolution for the Culvert 2021-1 MSBU, the Assessments shall be imposed against Assessed Parcels comprising the 25048/050/01811734.DOCv2 6 Page 177 of 246 Culvert 2021-1 MSBU, the Financing Agreement for each Assessed Parcel shall be recorded in the Official Records of St. Lucie County, and the County shall disburse the amounts necessary to fund the Culvert Improvements in accordance with Section 40-267 of the Assessment Ordinance. Only the annual installment of the Culvert Assessment shall act as a lien against the Assessed Parcel, in the same manner and to the same extent as unpaid ad valorem property taxes and any other non -ad valorem assessments for the Assessed Parcel as provided in the Assessment Ordinance. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. [Remainder of Page Intentionally Left Blank] 25048/050/01811734.DOCv2 7 Page 178 of 246 SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chris Dzadovsky, Chair Sean Mitchell, Vice Chair Linda Bartz, Commissioner Frannie Hutchinson, Commissioner Cathy Townsend, Commissioner PASSED AND DULY ADOPTED this day of August, 2021. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 25048/050/01811734.DOCv2 8 Page 179 of 246 APPENDIX A DESCRIPTION OF CULVERT 2021-1 MUNICIPAL SERVICE BENEFIT UNIT The Culvert 2021-1 Municipal Service Benefit Unit includes the following real property: Legal Description: Hidden River Estates BLK 2 Lot 3 Parcel Identification No.: 3427-701-0027-000/7 25048/050/01811734.DOCv2 A-1 Page 180 of 246 TO: AGENDA REQUEST Board of County Commissioners 8.E.2. 2021-52092 CONSENT AGENDA -PUBLIC WORKS DATE: 8/3/2021 *ACTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No PRESENTED BY: James Oppenborn, Coastal Resources Coordinator SUBMITTED BY: Public Works SUBJECT: Approval of a Facilities Use Agreement With Underwater Engineering Services, Inc.(UESI) BACKGROUND: UESI has requested authorization to use the permitted artificial reef staging area at Harbour Pointe Park to stage an artificial reef for the City of Boca Raton. Limerock boulders will be delivered by truck to Harbour Pointe and loaded directly on the barge prior to deploying the materials offshore Red Reef Park in Boca Raton. Condition 3 of the FUA has been added to prevent disruptions to St. Lucie County's sand trap construction project. UESI has offered to compensate the County with $10,000. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds will be provided by donation. 13:14101uI► 1401117_l0001 Staff recommends Board approval of the FUA with UESI to stage limerock boulders and reef modules at Harbour Pointe Park until September 15 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None Page 181 of 246 IEXCUSED: None I Coordination/Signatures '--A�Maq' QR4�'- Don West, Public Works Director Jennifer Hill, Office of Management & Budget Director Date: July 19, 2021 Date: July 19, 2021 Date: July 28, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Mark Satterlee, Deputy County Administrator Page 182 of 246 FACILITIES USE AGREEMENT (Harbour Pointe) THIS AGREEMENT made and entered into on this day of , 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and UNDERWATER ENGINEERING SERVICES, INC., a Florida corporation, hereinafter referred to as "UESI." WITNESSETH: WHEREAS, County owns Harbour Pointe Park hereinafter referred to as the "Facilities"; and, WHEREAS, UESI has entered into an agreement with the City of Boca Raton for the deployment of over 1,000 tons of limerock boulders on the City's Red Reef Park Artificial Reef, hereinafter referred to as the "Project"; and, WHEREAS, UESI desire to use the Facilities to stage artificial reef material for the Project; and, WHEREAS, St. Lucie is willing to enter into this agreement with UESI to permit it to temporarily use the Facilities to stage artificial reef material for the Project subject to the conditions set forth in this Facilities Use Agreement, hereinafter referred to as the "Agreement". NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: The parties acknowledge and agree that the Facilities shall be located at 1 Avenue K Fort Pierce and shall consist of the unimproved parcel with no services. 2. USE OF FACILITY UESI shall use the Facilities to stage 10 fabricated limestone concrete modules (manufactured offsite) and up to 500 tons of mixed secondary use concrete for deployment offshore of UESI County, Florida. UESI's use of the Facilities shall not be exclusive and such use of the property shall not preclude St. Lucie staff from accessing the Facilities. UESI shall use St. Lucie's choice of artificial reef contractor to navigate St. Lucie's permitted staging area. 1 Page 183 of 246 3. USE FEE Uesi shall pay as for use of the Facilities the sum of Ten Thousand and 00/100 Dollars ($10,000.000). The payment shall be due and payable within fifteen (15) days from the date this Agreement is signed by both parties. Payment shall be by check made payable to "St. Lucie County' and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by the County. The User shall also pay all applicable sales tax imposed by federal, state and local governments. 4. TERM/TERMINATION The term of this Agreement shall begin on August 4, 2021 and shall continue through and including September 15, 2021, unless otherwise terminated as herein provided. Either party may terminate this Agreement without cause upon ten (10) days prior written notice to the other party. If the Agreement is terminated UESI agrees to remove all material prior to the termination date. 5. PROJECT MANAGER The Project Manager for the County is James Oppenborn at (772) 462-1713. The Project Manager for UESI is Andrew Connelly at (772) 337-3116. 6. PERSONNEL UESI represents that it has, or will secure at its own expense, all necessary contractors, employees or volunteers required to perform the services under this Agreement. 7. INDEMNIFICATION UESI shall indemnify, defend and hold the St. Lucie County Board of County Commissioners, its officers, directors and employees, harmless from any and all liability, loss, damage, costs, expenses, including, without limitation, attorneys' fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this Agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking area or other areas of the facilities by UESI agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees except for loss or property damage caused by County's negligent conduct; and in the event that suit shall be brought against St. Lucie, either independently or jointly with UESI on account thereof, UESI will defend any such suit or suits at the sole cost of UESI; and in the event of final judgment being obtained against County, either independently or jointly with UESI, then UESI will pay such judgment immediately, with all interest and costs thereon, and shall hold County harmless. 2 Page 184 of 246 8. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to UESI's sole direction, supervision and control. UESI shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, UESI's relationship and the relationship of its contractor or employees to St. Lucie shall be that of an independent contractor and not as employees or agents of County. In addition, UESI shall not have the power or authority to bind County in any promise, agreement or representation other than specifically provided for in this Agreement. 9. INSURANCE UESI shall procure and maintain, at its own cost and expense, the following forms of insurance coverage or the equivalent thereof which shall name "St. Lucie County" as an "Additional Insured" and said copy of proof or insurance shall be submitted to County. a. Fire and Extended Coverage UESI shall, at all times during the term of this lease and at UESI's sole expense keep the leased premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate the County as an additional named insured. A certificate of such insurance shall be provided by UESI to the County at the time of execution of this lease, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to the County. b. Worker's Compensation UESI shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. C. Jones Act UESI shall maintain sufficient coverage as required under the Jones Act to cover all affected employees. d. Liability Insurance UESI shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the County, protecting and insuring the County against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury 3 Page 185 of 246 and property damage as a result of any single occurrence concerning Lessee's operation of the premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the County. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring UESI's use and operations under this Agreement. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non - renewal and a severability of interest endorsement. The parties acknowledge and agree that UESI has provided a copy of the insurance certificate to the County. e. Damage or Destruction to leased premises Except as otherwise provided in this Agreement, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, UESI shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to UESI. It shall be UESI's responsibility to repair or reconstruct the premises as appropriate. UESI shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this agreement pertaining to repair, alteration, construction or reconstruction by UESI shall be binding upon UESI in repairing or reconstructing the premises. If such a substantial portion of the premises is destroyed so that UESI determines that it cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then UESI may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any mortgage which encumbers the premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to the County. 10. ADDITIONAL COVENANTS OF UESI UESI shall use and occupy the Facilities solely for the purpose specified in Paragraph 2 of this Agreement. 11. NON-DISCRIMINATION UESI for themselves, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that no person on the grounds of face, 4 Page 186 of 246 color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 12. CONFLICT OF INTEREST UESI hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees have any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. UESI further represent and warrant that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which they are directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 13. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without St. Lucie's prior written consent shall be deemed a default under this Agreement. 14. ENTIRE AGREEMENT This Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersede all other negotiation, understandings, and representations (if any) made by and between such parties. 15. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 16. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be 5 Page 187 of 246 convenient or necessary to more effectively and completely carry out the terms of this Agreement. 17. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY WITH A COPY TO: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 nc Tn I ]Fcl- Underwater Engineering Serves, Inc. 3306 Enterprise Road Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 18. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District 0 Page 188 of 246 of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the 16th day of July, 2019. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 3'A CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY UNDERWATER ENGINEERING SERVICES, INC. 7 PRESIDENT (SEAL) Page 189 of 246 kc LUCE ��J AGENDA REQUEST TO: Board of County Commissioners 8.F.1. 2021-52049 CONSENT AGENDA -SHERIFF'S OFFICE DATE: 8/3/2021 *ACTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? No PRESENTED BY: Sandra Jackson SUBMITTED BY: Sheriff's Office SUBJECT: Authorization of Accept the 2021 Edward Byrne Memorial Justice Assistance Grant BACKGROUND: The Florida Department of Law Enforcement has awarded the St. Lucie County Sheriff's Office the 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) - Countywide. This grant in the amount of $20,567.50 will be used for the purchase of much needed law enforcement technology and equipment. JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. There are no match funds required. PREVIOUS ACTION: On April 20, 2021, the BOCC accepted the responsibility to serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide program. FINANCIAL IMPACT: Since these funds were not anticipated in FY 2021, funding is not appropriated in the adopted budget; therefore, a budget needs to be established to expend these funds. Funds will be deposited to the Edward Byrne Gant Fund. There are no matching funds required. Funds in the amount of $26,627 will be allocated to revenue account 107511-2110-331210-210000 and expense account 107511-2110-591900-210000 following the month of August's countywide resolution. RECOMMENDATION: Staff recommends that the Board approve and authorize the acceptance of the 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) - Countywide (2021-JAGC-STLU-3-3B-025) in the amount of $26,627.00. COMMISSION ACTION: RESULT: Page 190 of 246 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Jennifer Hill, Office of Management & Budget Director J� Daniel McIntyre, County Attorney Howard Tipton, County Administrator Date: July 19, 2021 Date: July 20, 2021 Date: July 21, 2021 Page 191 of 246 GRANTS ACCOUNTING REQUEST FORM FUND # GRANT# (Assigned by County Finance) (Assigned by County Finance) DATE: 07/09/2021 BILLING CYCLE: 0 MONTHLY O QUARTERLY DEPARTMENT: St. Lucie Co. Sheriff Q ANNUALLY UPON COMPLETION NAME OF GRANT PROJECT: 2021 Edward Byrne JAG Grant GRANTING AGENCY (NAME): FDLEIDOJ VENDOR NUMBER: 5742 CSFA or CFDA #: 16.738 GRANT TYPE (Federal, State, Other) State/ Federal VENDOR NUMBER: 35386 GRANT MANAGER (NAME): Charmayne Davis GRANT ENDING DATE: 09/30/2022 GRANT STARTING DATE: 10/01/2021 GRANT/CONTRACTID: COUNTY CONTRACT NUMBER: 2021-JAGC-STLU-3-3$-025 PROJECT NUMBER: LIST THE FUND, ORG AND PROGRAM NUMBERS ASSOCIATED WITH THIS GRANT. COUNTY MATCH: Yes 0 No ID IF YES, WHERE IS THE FUNDING COMING FROM? (List Fund, NA Org and Program Numbers) PERSONS NEEDING INPUT RIGHT TO FUND: (List name and Banner ID) Charmayne Davis, Sandra Jackson, Rhonda W igglesworth PERSONS NEEDING INQUIRY RIGHT TO FUND: (List name and Banner ID) Charmayne Davis, Sandra Jackson, Rhonda W igglesworth FUNDING INFORMATION: BANNER ACCOUNT NUMBER AMOUNT PERCENTAGE (Assigned by County Finance) GRANTING AGENCY SHARE 26,627.00 0% COUNTY MATCHING SHARE 0 0% OTHER 0 0% OTHER 0 0% TOTAL FUNDING 26,627.00 0% ADDITIONAL INFORMATION: APPROVAL: GRANT MANAGER: DIRECTORIMANAGER: FINANCE DEPARTMENT: INSTRUCTIONS: GRANT TYPE (Federal, State, Other): Grant Type is determined by what Government Agency is providing the Funds. CSFA or CFDA #: This number is found in the Grant Agreement, Federal Grants should have a CFDA number. State Grants should have a CSFA number. Other Grants should not have either number. C:kUserslvercillojlDesktoplGrant Accounting Request Fops OWWYW 8f 246 9.A.1. MIYA161PZ11.Z1 PUBLIC HEARINGS -PLANNING & DEVELOPMENT SERVICES AGENDA REQUEST DATE: 8/3/2021 U *ORDINANCE ITEM - LAND s D DEVELOPMENT CODE TEXT AMENDMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Jodi Nentwick, Senior Planner SUBMITTED BY: Planning & Development Services SUBJECT: Friends I, LLC, filed a Text Amendment to the Land Development Code, Chapter VII, Development Design and Improvement Standards, Section 7.02.02.B. - Permitted Uses to allow Recreational Vehicle Parks (RVP) within commercial areas, subject to the requirements of Section 7.10.16 (SIC 7033) within the Planned Non -Residential Development (PNRD) Zoning District. BACKGROUND: On September 30, 1976, the Board of County Commissioners adopted Resolution No. 76-96, establishing Recreational Vehicle Parks Zoning District. The purpose to provide areas where recreational vehicles, travel trailers, truck campers, pickup coaches, motor homes, and similar vehicles suitable for temporary habitation, used for travel, vacation, and recreation purposes can be demonstrated for short periods of time. PREVIOUS ACTION: On July 15, 2021, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Text Amendment to the Board of County Commissioners, FINANCIAL IMPACT: N/A I:Z��L�1► i► I�i;I Z�f[e1►a Staff request Board authorization to schedule the second Public Hearing for the Land Development Code Text Amendment for Recreational Vehicle Parks, subject to the requirements of Section 7.10.16 (SIC 7033) in the Planned Non -Residential Development District on September 7, 2021, beginning at 6:00 pm or as soon thereafter as possible. Cd•IPi11715*119INTT41191M Page 193 of 246 RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 22, 2021 Leslie Olson, Planning & Development Services Director Date: July 23, 2021 Daniel McIntyre, County Attorney Date: July 28, 2021 Mark Satterlee, Deputy County Administrator Page 194 of 246 Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson, AICP, Director Benjamin Balcer, AICP, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: July 19, 2021 SUBJECT: Text Amendment to the Land Development Code Recreational Vehicle Parks, subject to the requirements of Section 7.10.16 (SIC 7033) in the Planned Non -Residential Development District (TLDC-5202126040) An applicant, Friends I, LLC, filed a Text Amendment to the Land Development Code, Chapter VII, Development Design and Improvements Standards, Section 7.02.02.B — Permitted Uses to allow Recreational Vehicle Parks (RVP) as eligible uses within a Planned Non -Residential Development (PNRD) Zoning District with commercial land use, subject to the requirements of Section 7.10.16 (SIC 7033) .. Standard Industrial Classification (SIC 7033): Recreational Vehicle Parks and Campsites: Establishments primarily engaged in providing overnight or short-term sites for recreational vehicles, trailers, campers, or tents: • Campgrounds • Campsites for transients • Recreational vehicle parks • Trailer parks for transient BACKGROUND On September 30, 1976, the Board of County Commissioners adopted Resolution No. 76-96, establishing Recreational Vehicle Parks Zoning District. The purpose to provide areas where recreational vehicles, travel trailers, truck campers, pickup coaches, motor homes, and similar vehicles suitable for temporary habitation, used for travel, vacation, and recreation purposes can be demonstrated for short periods of time. TEXT AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Pursuant to St. Lucie County Land Development Code (LDC) Section 11.06.03, the Development Review Committee (DRC) has reviewed the proposed Text Amendment and found it to meet the standards of review. In reviewing this text amendment to the LDC, the Planning and Zoning Commission shall consider and make the following determinations: ST. LUCIE WORKS Page 195 of 246 Project Name: LDC Text Amendment (7.02.02.13-Recreational Vehicle Parks File No.: TLDC-5202126040 A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed Text Amendment is internally consistent with the remainder of the Land Development Code and has met the standards of review in Section 11.06.03. The proposed text amendment would allow Recreational Vehicle Parks, within commercial areas, subject to the requirements of Section 7.10.16 (SIC 7033), as permitted use within the Planned Non -Residential Development. LDC Section 7.10.16. provides standards applicable to all Recreational Vehicle Parks within unincorporated St. Lucie County. The guidelines provide that no new Recreational Vehicle Park may be located in any Future Land Use District other than Commercial (COM), or as permitted in the Mixed Use (MXD) Designation. Currently, new Recreational Vehicle Parks require a Recreational Vehicle Park (RVP) Zoning District designation unless provided within an approved Towns, Villages and Countryside (TVC) Plan; however, this District also provides for Single-family residences, including Class A Mobile Homes, subject to the requirements of Section 7.10.16. This broader use set does not limit consideration to a non-residential, short-term and/or tourist only oriented park, potentially causing discrepancy with the "Commercial" Future Land Use district. The amendment seeks to provide a petition process exclusively for "non-residential" Recreational Vehicle Parks, providing for greater alignment with the adopted Recreational Vehicle Park Supplemental Standards. The PNRD District requires development to comply with LDC Section 7.10.24, enhancing minimum standards for park buildings, amenity centers, and design characteristics. The PRND provides minimum open space standards which should enhance project design and park experience for "short term" occupants. This route for RV Parks may simplify review of public facility needs for new parks and potentially eliminating demand for schools. B. Whether the proposed amendment is in conflict with any elements of the St. Lucie County Comprehensive Plan; The proposed text amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. The following specific goals, objectives, and policies from the Comprehensive Plan support the proposed Land Development Code Text Amendment: Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and man-made resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. Policy 1.1.1.3 — The Future Land Use Map establishes the proposed long-range distribution and general use of property within the county. The following table shall be used to determine consistency offuture land use designations and zoning districts to identify compatible zoning districts. Any zoning district that is not consistent with the Future Land Use designation according to the Consistency Matrix, shall not be applied for, permitted, or approved; without a corresponding proposed future land use map amendment request. ST. LUCIE WORKS Page 196 of 246 Project Name: LDC Text Amendment (7.02.02.13-Recreational Vehicle Parks File No.: TLDC-5202126040 Zoning FUTURE LAND USE CATEGORIES Districts A5 IRS RU RM RH R/C Cpub COM ID P/F MXD 2.5 E RVP Recreational X X Vehicle Park Objective 1.1.10: Commercial Areas. St. Lucie County shall provide for the establishment of commercial zoning districts where various types of commercial retail, including commercial uses for retail trade, office and service activities and general commercial uses for highway -oriented sales and services; light industrial service uses; and hotel uses may be permitted at intensities which are consistent and compatible with the surrounding community and the natural environment. Goal 10.4: Maintain and expand the tourism sector of St. Lucie County's economy. Objective 10.4.1: Maintain and improve existing features that contribute to the attraction of tourists. Policy 10.4.2.2 - Promote cooperative efforts between public agencies and private organizations to present a unified positive image of St. Lucie County. Policy 10.4.2.3 - Develop ecotourism opportunities to help extend the tourist season in St. Lucie County, help sustain large areas of open space, preserve natural habitat, discourage sprawling, low density development, and broaden the economic base. The amendment and associated LDC Section 7.10.16 will maintain the requirement that no new Recreational Vehicle Park may be located in any Future Land Use District other than Commercial (COM), or as permitted in the Mixed Use (MXD) Designation, aligning with the Comprehensive Plan. C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment is not inconsistent with existing or proposed land uses. The intent of the ordinance is to allow Planned Non -Residential Development as permitted use within the Recreational Vehicle Park. Any proposed PNRD rezoning for an Recreational Vehicle Park will require site specific analysis, including assessment of consistency with the existing and proposed land uses. D. Whether there have been changed conditions that require an amendment; The proposed amendment seeks to allow a Recreational Vehicle Park as Planned Non -Residential Development in select land use areas. Changes in market, greater trends in use/transient demand for short-term lodging site. Pursuant to LDC Section 3.01.03.Z.2.a. — Recreational Vehicle Park allows Single-family residences, including Class A Mobile Homes, subject to the requirements of Section 7.10.16 within commercial areas. The purpose of the Planned Non -Residential Development (PNRD) District is intended to achieve non- residential land development ofsuperior quality through the encouragement offlexibility and creativity in design options that: • Permit creative approaches toto the development of non-residential land reflecting changes in the technology of land development: ST. LUCIE WORKS Page 197 of 246 Project Name: LDC Text Amendment (7.02.02.13-Recreational Vehicle Parks File No.: TLDC-5202126040 Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; • Allow design options that encourage an environment of stable character, compatible with surround land uses; and • Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. The proposed language will allow an applicant to apply for a Planned Non -Residential Development within commercial areas but restrict the use to only to Recreational Vehicles and Travel Trailers (SIC 7033). E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed Text Amendment will not result in additional demands on public facilities. Site specific facility impacts are addressed at the time of development application. All development is required to adhere to adopted Level of Service (LOS) and concurrency standards. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Site specific environmental impacts will be addressed at the time of development application. All development activities are required to adhere to the current environmental resource protection standards of review. G. Whether and the extent which the proposed amendment would adversely affect the property values in the area; The proposed amendment would not adversely affect the property value in the area. This amendment is specific to the Commercial (COM) and Mixed Use (MXD) Designation (commercial oriented within MXD), which will be evaluated on a project -by -project basis. The use allowance may support tourism, commercial infill, and synergy between the local business and tourism. H. Whether and the extent to which the proposed amendment would not result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed amendment will promote and would not result in an orderly and logical development pattern. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Any potential conflict with public interests associated with a site -specific request can be addressed through the development process. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Board of County Commissioners may raise other matters regarding the proposed Land Development Code Text Amendment. ST. LUCIE WORKS 4 Page 198 of 246 Project Name: LDC Text Amendment (7.02.02.13-Recreational Vehicle Parks File No.: TLDC-5202126040 PLANNING & ZONING COMISSION The Planning & Zoning Commission held a public hearing on July 15, 2021 and voted unanimously to recommend approval of the proposed Text Amendment to the Board of County Commissioners. STAFF RECOMMENDATION: Staff finds this petition to meet the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff request Board authorization to schedule the second Public Hearing for the Land Development Code Text Amendment for Recreational Vehicle Parks, subject to the requirements of Section 7.10.16 (SIC 7033) in the Planned Non -Residential Development District on September 7, 2021, beginning at 6:00 pm or as soon thereafter as possible. ST. LUCIE WORKS Page 199 of 246 Ordinance No. RVP PNRD Amendment File No.: TLDC-5202126040 Page 1 ORDINANCE No. FILE NO.: TLDC-5202126040 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, CHAPTER VII, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS, SECTION 7.02.02.B. — PERMITTED USES, TO ALLOW RECREATIONAL VEHICLE PARK (RVP), SUBJECT TO THE REQUIREMENTS OF SECTION 7.10.16 (SIC 7033), WITHIN THE PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) ZONING DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On July 15, 2021, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 5. On August 3, 2021, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On , this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. Underline is for additions. StFikethFeUgI is for deletion. Page 200 of 246 Ordinance No. RVP PNRD Amendment File No.: TLDC-5202126040 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: A. 7.02.00. — PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.02. — Permitted Uses. The following general guidelines shall be used in determining the permitted use possibilities in any Planned Non -Residential Zoning Development: B. For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Commercial Resort (CR); Industrial Light (IL); Industrial Heavy (IH), Utility (U) and (1) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. For properties located in any Commercial classified land use area: Recreational Vehicle Parks (RVP) in accordance with Section 7.10.16 (SIC 7033). The general standards, conditions, and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Non - Residential Development shall include a complete identification of all planned uses and activities. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Underline is for additions. StFikethFeUgI is for deletion. Page 201 of 246 Ordinance No. RVP PNRD Amendment File No.: TLDC-5202126040 Page 3 PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, , Chair XXX Sean Mitchell Vice -Chair XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX Cathy Townsend, Commissioner XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this day of 2021. Attest: Board of County Commissioners St. Lucie County, Florida Deputy Clerk By: Chair Approved As To Form and Correctness: By: County Attorney Underline is for additions. StFikethFeUgI is for deletion. Page 202 of 246 ST. LUCIE COUNTY Planning & Development Services Department Submission email: ° lannin a lication stlucieco.or Planning Division p g pp @ g 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 stlucieco.gov/planningdivision DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type [check each that appliesl Site Plan Rezoning 3 El Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan 0 Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment 0 Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home s ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change 6 ❑ Prelim. Planned Non -Res. Develop. (PNRD) 0 Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change 0 Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # 8 Conditional Use' ElShoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements s ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official10 ❑ Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. -Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". -Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Page 1 of 5 Revised January 2021 Page 203 of 246 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Friends I, LLC Business Name: Engineering Design & Const., Inc. Name: Dean Joseph Rosenbach Name: Bradley J. Currie, AICP Address: 11430 US Highway 1 Address: 10250 SW Village Pkwy, Ste 201 North Palm Beach, FL 33408 Port St. Lucie, FL 34987 (Please use an address that can accept overnight (Please use an address that can accept overnight Dackaaes) packages) Phone: 561-498-5600 Phone: 772-462-2455 Fax: Fax: 772-408-4208 Email: djr1@bellsouth.net Email: bradcurrie@edc-inc.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Lf Property Owner Signature Mailing Address: 5801 Congress Avenue Boca Raton, FL 33487 Bradley J. Currie, AICP (Authorized Agent) Property Owner Name (Printed) Phone: 772-462-2455 If more than one owner, please submit additional pages STATE OF 1-' 17 rI , COUNTY OF t_Jt' GPI The foregoing instrument was acknowledged before me this 441 day of V"O-q 20 2 by LA�� r rl i✓ personally known me or who has produced as identification. (L- V-Vl • SeS+eL Signature of Notary Type or Print Name of Notary l} DoLAP9 Commission Number (Seal) ovaVP&,, Notary Public Stale ofFlonda +lyPatricia M Sesia r My Commission HH 006694 ��oRa' Expires06/11l2024 Page 2 of 5 Revised January 2021 Page 204 of 246 Submittal Requirements The following checklist is provided as a reminder. Please see applicablecode sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: 111 Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) M Aerial Photograph — property outlined (available from Property Appraiser's office M Property Deed 0 Legal description, in MS Word format, of subject property 121 Property Tax Map — property outlined (electronic copy not required) M Survey (24x36) 0 2 USB's of all documents submitted (in lieu of email submission to plan ningapplication(aDstlucieco.org - [I with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or 0 Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: 0 Site Plan 24"x36" at a scale of V=50' (5 copies- folded, not rolled) 0 Boundary Survey (24x36) — Signed and Sealed (5 originals) 0 Topographic Survey (24x36) — Signed and Sealed (5 originals) 0 Landscape Plan — Signed and Sealed (5 originals) 171 Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) M Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 USBs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you. provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 5 Revised January 2021 Page 205 of 246 Proiect Information Project Name: MMR RV Site address: N US Highway One (TBD) Parcel ID Number(s): 1406-131-0005-000-7 and 1406-131-0006-000-4 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on USB) THE SOUTH 3/4 OF THE SOUTHWEST 114 OF THE NORTHEAST 1/4 LYING BETWEEN U.S. #1 AND THE TURNPIKE FEEDER ROAD, LESS THE SOUTH 300 FEET, LYING AND BEING IN SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; AND THE SOUTH 3/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 LYING WEST OF THE TURNPIKE FEEDER ROAD, LESS THE SOUTH 300 FEET, LYING AND BEING IN SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. Property location — Section/Township/Range: 6 / 34s / 40e Property size — acres:16.97 Square footage: 739,213.20 Future Land Use Designation: COM Zoning District: CG Description of project: (Attach additional sheets if necessary) The applicant is proposing a gated 82lot RV park with a 2,176 sf office and 2,689.50 sf clubhouse with pool and associated site improvements. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing 0 Other Please specify: Number and size of out parcels (if applicable): Page 4 of 5 Revised January 2021 Proposed: Proposed: Proposed: 82 Lot RV Proposed: 2,176 sf office / store, 2,689.50 sf clubhouse Page 206 of 246 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on USB Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev.pdf Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF DrainagePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF Existing Cond. pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landscape.pdf Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation.pdf Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utility Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation.pdf Page 5 of 5 Revised January 2021 Page 207 of 246 Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: CG Proposed Zoning: PNRD Current Future Land Use: COM Acreage of the area to be rezoned:16.97 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. The proposed amendment is not in conflict with any portion of the land development code. 2. Please give a statement describing any changed conditions that would justify a rezoning: Staff has recommended a rezone to Recreational Vehicle Park or a Planned Non -Residential Development. The applicant wishes to proceed with the Planned Non -Residential Development zoning to limit the type of mobile living that would be allowed within the park. 3. Please state why there is a need for the proposed rezoning: The proposed PNRD rezone is being requested to allow for a Recreational Vehicle Park (RVP) with a restriction for the use of mobile homes. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: Goal 3.2 of the Comprehensive Plan states "To provide an adequate mix of safe and sanitary housing that meet the needs of existing and future St. Lucie County residents." 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; The Consistency Matrix as noted in Policy 1.1.1.3 of the Future Land Use Element of the Comprehensive Plan is compatible with all Land Use Categories, less and except CPUB, T/U and TVC. Page 1 of 2 Revised: May 27, 2010 Page 208 of 246 Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; This amendment will have no effect on the public facilities listed. As PNRD applications are reviewed, each development will need to ensure that there are adequate public facilities to serve the proposed development(s). C) Affects the natural environment; (If no adverse impacts expected, please state why.) This amendment will have no adverse impacts on the natural environment. D) Will result in an orderly and logical development pattern; There are no negative impacts to development patterns. The required PNRD would need to demonstrate compaince with the St. Lucie County Land Development Code and Comprehensive Plan. E) Will adversely affect the property values in the area; The proposed development will not adversely affect the property values in the area. 6. Please explain the applicant's interest in the subject property; The applicant is the owner of the parcels. 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. The applicant will provide additional information as requested by staff during the review. Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this a tion and supplement. Patricia Sesta (Authorized Agent) Applicant or Agent Name (Printed) Signature Page 2 of 2 Revised: May 27, 2010 Page 209 of 246 Supplement 7 LDC Text Amendment Application Supplement Refer to Land Development Code (LDC) Section 11.06.00 for details 1. If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: 7.02.02. — PERMITTED USES 7.02.02(8).For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN);Commercial, Office (CO); Commercial, General (CG); Commercial Resort (CR); Industrial Light (IL); Industrial Heavy (IH), Utility (U), (RVP) Recreational Vehicle Park and (1) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1(AG-1), Agricultural-2.5 (AG-2.5), orAgricultural-5 (AG-5) zoning districts of this ode. Telecommunication towers must comply with the requirements of Section 7.10.23 2. Please give a statement describing any changed conditions that would justify an amendment: By adding RVP to the permitted uses allowed in section 7.02.02(B), restrictions could be placed on the PNRD for which straight zoning would not allow for such as, but not limited to the housing types (RV vs. Mobile Homes). 3. Please give a statement describing why there is a need for the proposed amendment: Section 7.02.02 outlines general guidelines to the permitted uses possible in any PNRD. The Zoning designations noted do not allow for a Recreational Vehicle Park use. Due to this, the request for the addition of RVP (Recreational Vehicle Park) to this code language is being request. 4. Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: The proposed amendment is requesting the addition of allowed uses for PNRD's to include RVP allowed uses. The addition of this zoning designation allows for three (3) permitted uses which include single family residences, recreational vehicles and travel trailers and recreational vehicle parks. Goal 3.2 of the Comprehensive Plan states "To provide an adequate mix of safe and sanitary housing that meet the needs of existing and future St. Lucie County residents." 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; The Consistency Matrix as noted in Policy 1.1.1.3 of the Future Land Use Element of the Comprehensive Plan is compatible with all Land Use Categories, less and except CPUB, T/U and TVC. Page 1 of 2 Revised: February 10, 2011 Page 210 of 246 Supplement 7 B) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) This amendment will have no effect on the public facilities listed. As PNRD applications are reviewed, each development will need to ensure that there are adequate public facilities to serve the proposed development(s). C) Affects the natural environment; (If no adverse impacts are anticipated, please explain why.) This amendment will have no adverse impacts on the natural environment. D) Will result in an orderly and logical development pattern; (Identify any negative effects.) There are no negative impacts to development patterns. The required PNRD would need to demonstrate compliance with the St. Lucie County Land Development Code and Comprehensive Plan. 6. Please explain the applicant's interest in the subject amendment and how it affects their property; The applicant is the owner of the parcels. 7. Please include such other information or documentation as the Planning & Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. —The applicant will provide additional information as requested by staff during the review. Please Note: This LDC Text Amendment Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all persons applying for this amendment, or giving t ' c ent to the filing of this application and supplement. Patricia Sesta (Authorized Agent) Applicant or Agent Name (Printed) Signature Page 2 of 2 Revised: February 10, 2011 Page 211 of 246 �L3[1:4 ENGINEERS a SURVEYORS ENVIRONMENTAL LETTER OF JUSTIFICATION Major Site Plan Application & Land Development Code Text Amendment MMR RV May 7, 2021 REQUEST On behalf of the Petitioner, Engineering, Design, & Construction, Inc. (EDC) is requesting review and approval of Rezone and Major Site Plan application for approximately 16.97 acres +/-. The petitioner is proposing an 82-lot RV Park with associated site improvements. The subject properties are located on the east and west side of Turnpike Feeder Road, north of Kings Highway in St. Lucie County, Florida. Parcel ID # Acreage Current FLU Current Zoning 1406-131-0006-000-4 6.41 COM CG 1406-131-0005-000-7 10.56 COM CG TOTAL: 16.98 SITE CHARACTERISTICS & PROJECT HISTORY The subject properties are located on the east and west side of Turnpike Feeder Road, north of Kings Highway in St. Lucie County, Florida. The subject property is comprised of approximately 16.98 acres and is currently undeveloped. The subject properties have a Future Land Use designation Commercial (COM) and are all located in the Commercial, General (CG) zoning district. The petitioner wishes to obtain approval to rezone the parcels to Planned Unit Development (PUD) along with the approval of a major site plan for the proposed 82-lot RV Park. To the North of the subject property are undeveloped commercial parcels. These parcels have a Future Land Use designation of Commercial (COM) and an underlying Zoning designation of Commercial, General (CG). To the East of the subject property lies the North US Highway 1 Right -of -Way owned and maintained by the FDOT followed by undeveloped commercial parcels. These commercial parcels have a Future Land Use Designation of Commercial (COM) and an underlying Zoning designation of Commercial, General (CG). South of the subject parcel is a developed mobile home community. This parcel has a Future Land Use designation of Commercial (COM and is located in the Commercial, General (CG) zoning district. To the west of the subject parcel is a large undeveloped agricultural parcel. This parcel has a Future Land Use designation of Residential Urban (RU) and an underlying Zoning designation of Agricultural, Residential (AR-1). LDC TEXT AMENDMENT REQUIREMENTS Section 11.09.00 of the St. Lucie County Land Development Code outlines the standards for review and approval of a text amendment application. Supplement 7 is required as part of the main development application with St. Lucie County. This form is attached for your review. Additional information as requested is included below: www.EDC-inc.com Page 212 of 246 1) If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: RESPONSE: 7.02.02. — PERMITTED USES 7.02.02(B).For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN);Commercial, Office (CO); Commercial, General (CG); Commercial Resort (CR); Industrial Light (IL); Industrial Heavy (IH), Utility (U), (RVP) Recreational Vehicle Park and (1) Institutional zoning districts, and any non- residential permitted or accessory use identified in the Agriculture-1(AG-1), Agricultural-2.5 (AG-2.5), orAgricultural-5 (AG-5) zoning districts of this code. Telecommunication towers must comply with the requirements of Section 7.10.23 2) Please give a statement describing any changed conditions that would justify an amendment. RESPONSE: By adding RVP to the permitted uses allowed in section 7.02.02(B), restrictions could be placed on the PNRD for which straight zoning would not allow for such as, but not limited to the housing types (RV vs. Mobile Homes). 3) Please give a statement describing why there is a need for the proposed amendment: RESPONSE: Section 7.02.02 outlines general guidelines to the permitted uses possible in any PNRD. The Zoning designations noted do not allow for a Recreational Vehicle Park use. Due to this, the request for the addition of RVP (Recreational Vehicle Park) to this code language is being request. 4) Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: RESPONSE: The proposed amendment is requesting the addition of allowed uses for PNRD's to include RVP allowed uses. The addition of this zoning designation allows for three (3) permitted uses which include single family residences, recreational vehicles and travel trailers and recreational vehicle parks. Goal 3.2 of the Comprehensive Plan states "To provide an adequate mix of safe and sanitary housing that meet the needs of existing and future St. Lucie County residents." 5) 5. Please give a statement outlining the extent to which the proposed amendment: a. Is compatible with existing land uses; RESPONSE: The Consistency Matrix as noted in Policy 1.1.1.3 of the Future Land Use Element of the Comprehensive Plan is compatible with all Land Use Categories, less and except CPUB, T/U and TVC. b. Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) RESPONSE: This amendment will have no effect on the public facilities listed. As PNRD applications are reviewed, each development will need to ensure that there are adequate public facilities to serve the proposed development(s). c. Affects the natural environment; (If no adverse impacts are anticipated, please explain why.) RESPONSE: This amendment will have no adverse impacts on the natural environment. d. Will result in an orderly and logical development pattern; (Identify any negative effects.) May 7, 2021 Page 213 of 246 RESPONSE: There are no negative impacts to development patterns. The required PNRD would need to demonstrate compliance with the St. Lucie County Land Development Code and Comprehensive Plan. 6) Please explain the applicant's interest in the subject amendment and how it affects their property; RESPONSE: The applicant is the owner of the parcels. 7) Please include such other information or documentation as the Planning & Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. RESPONSE: The applicant will provide additional information as requested by staff during the review. REZONING REQUIREMENTS Section 11.09.06 of the St. Lucie County Code of Ordinances provides a Land Development Code Compatibility Chart (Table 11-1) which identifies the compatibility requirements for Rezoning and Comprehensive Land Use Amendment applications. It appears that the subject properties found in the request are compatible with surrounding Zoning and Future Land Use designations, and lie outside of any TVC, or RLSA overlay zone designations, and thus meets the minimum criteria to be considered for a Rezoning and Comprehensive Future Land Use amendment request. Supplement 3 is required as part of the main development application with St. Lucie County. This form is attached for your review. Additional information as requested is included below: Current Zoning: CG Current Land Use: COM Proposed Zoning: PNRD Acreage of the area to be rezoned: 16.97 acres 1) If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. RESPONSE: The proposed amendment is not in conflict with any portion of the land development code. 2. Please give a statement describing any changed conditions that would justify a rezoning: RESPONSE: Staff has recommended a rezone to Recreational Vehicle Park or a Planned Non - Residential Development. The applicant wishes to proceed with the Planned Non -Residential Development zoning to limit the type of mobile living that would be allowed within the park. 3. Please state why there is a need for the proposed rezoning: RESPONSE: The proposed PNRD rezone is being requested to allow for a Recreational Vehicle Park (RVP) with a restriction for the use of mobile homes. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan. RESPONSE: Goal 3.2 of the Comprehensive Plan states "To provide an adequate mix of safe and sanitary housing that meet the needs of existing and future St. Lucie County residents. " 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; RESPONSE: May 7, 2021 Page 214 of 246 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit and emergency medical service; RESPONSE: The proposed development will be required to extend water and sewer service from the south to serve the subject parcel. There is sufficient roadway capacity on North US Highway 1 and Turnpike Feeder Road and the parcel has frontage of 720' on US Highway 1 and 780' on Turnpike Feeder Road which meet the minimum separation requirements per Section 7.05.06 of the SLC Land Development Code. The site will be designed to ensure no impacts to adjacent parcels in reference to drainage will occur. The applicant assumes that visitors would stay no more than a six (6) month period. The applicant assumes that no school age children will be attending St. Lucie County School District. Due to this, no impacts to schools are proposed. The proposed development does have recreation facilities proposed creating a minimum impact to parks. C) Affects the natural environment; (If no adverse impacts expected, please state why.); RESPONSE: An environmental assessment is included as part of this application. The applicant is proposing the preservation of the western 6.42-acre parcel to meet the preservation requirements of St. Lucie County. A gopher tortoise survey will be conducted prior to the clearing of the site to ensure no adverse impacts would occur. D) Will result in an orderly and logical development pattern; RESPONSE: There are like uses to the south of the subject property. North, east and west of the subject property are undeveloped and have a commercial zoning. The applicant is choosing to proceed with a PNRD zoning designation to limit the type of recreational housing allowed. E) Will adversely affect the property values in the area; RESPONSE: The property values of the adjacent land uses should not be impacted by this request. 6. Please explain the applicant's interest in the subject property. RESPONSE: The applicant is the owner of the subject parcels. 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. RESPONSE: Please see application material attached for additional information. Based on the above and attached information, the applicant respectfully will request approval of the proposed applications. ZAEDC-2020\20-396 - Morton RV Park\ENGINEERING\Documents\Submittal Documents\Justification Statement\2021-05-07 MMR RV Park MFSP PNRD Rezone Justification 20-396.docx May 7, 2021 Page 215 of 246 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Tuesday, August 3, 2021 NOTICE OF LAND DEVELOPMENT CODE TEXT AMENDMENT The St. Lucie County Board of County Commissioners is scheduled to review and consider the applicant initiated proposal for adoption by the Board of County Commissioners of St. Luce County, Florida, by Ordinance: ORDINANCE NO. FILE NO: TLDC-5202126040 AN ORDINANCE OF THE BORAD OF COUNTY COMMISSIONERS OF THE ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, CHAPTER VII, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS, SECTION 7.02.02.B. - PERMITTED USES TO ALLOW RECREATIONAL VEHICLE PARKS (RVP), SUBJECT TO THE REQUIREMENTS OF SECTION 7.10.16 (SIC 7033) WITHIN THE PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) ZONING DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. APPLICANT: Friends I, LLC FILE NUMBER: TLDC-5202126040 PURPOSE: The applicant filed a Text Amendment to the Land Development Code proposing to allow Recreational Vehicle Parks (RVP), as eligible permitted use(s) within the Planned Non -Residential Development (PNRD) zoning district, within a Commercial (COM) or Mixed Use (MXD) Future Land Use Area. The applicant has concurrent Rezoning to PNRD application for a facility to be known as "MMR RV Park". The Boards First Public Hearing on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, August 3, 2021 beginning at 6:00 PM or as soon thereafter as possible. The Boards Second Public Hearing on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 7, 2021 beginning at 6:00 PM or as soon thereafter as possible. Form 11-05 BOCC Display Ad -No Map Page 216 of 246 All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Public comment for upcoming meetings can be submitted by email to PDSpubliccomment(cr_stlucieco.org. Comments must be submitted three days prior to the meeting. Comments will be distributed to the Board of County Commissioners in advance of the meeting and included in the record provided the comments comply with the County's rules. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapprove any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS/ ST. LUCIE COUNTY, FLORIDA /S/ CHIRS DZADOVSKY, CHAIRMAN PUBLISH DATE: Friday, July 23, 2021 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-05 BOCC Display Ad -No Map Page 217 of 246 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-05 BOCC Display Ad -No Map Page 218 of 246 f i a Lel RESOLUTION No. 76-96 WHEREAS, the St. Lucie County Planning and Zoning Commission after holding a public hearing at which due was published at least fifteen (15) days prior to said hearing has recommended to the Board of County Commissioners of St. Lucie County that the following amendments to the Comprehensive Zoning Resolution for St. Lucie County be adopted, and WHEREAS, the Board of County Commissioners held a public hearing on said amendments on September 28, 1976 after first publishing a notice of said hearing in the News Tribune published in Fort Pierce, Florida on the 9th day of September, 1976, said date being at least fifteen days prior to the date of said hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County in meeting assembled this 28th day of September, 1976 that the Comprehensive Zoning Resolution for St. Lucie County be and the same is hereby amended as follows: 1. Amend Section 2, Definitions, to read: Mobile Home Space: A plot of ground within a mobile home park designated for the accomodation of one (1) mobile home. 2. Amend Section 2, Definitions, by deleting: Travel Trailer, Motor home, and Camping Trailer: A vehicle, self propelled or otherwise, designed and used for temporary lodging by the user when touring, camping, etc. and having a width of not more than eight (8) feet and a length of not more than thirty-six (36) feet, exclusive of hitch and bumper. 3. Amend Section 2, Definitions, by adding: Recreational Vehicle: A vehicle, self propelled or other- wise, designed and utilized for temporary lodging by the user when touring, camping, etc., of a size or weight as not to require a special highway movement permit when operated on the highway. Recreational Vehicle Park: ,A tract of land set aside and offered on a short term rental basis by any person for the parking and accommodating of two (2) or more recreational vehicles for either direct money consideration or for indirect benefits to the owner or operator of such park. Recreational Vehicle space: A plot of ground within a recreational vehicle park designated for the accommodation of one (1) recrea- tional vehicle. 4. Amend Subsection 5 of Section 13 of the Comprehensive Zoning Resolution for St. Lucie County, Florida, to read: "5. Mobile Home Parks and Recreational Vehicle Parks. Mobile 61 Page 219 of 246 i home parks and recreational vehicle parks shall meet the requirements of Chapter 1OD-26, Rules of the State of Florida, Department of Health and Rehabilitative Services, Division of Health, as amended from time to time. In addition, the following requirements shall be met: A. No construction, extension or alteration of a mobile home park or recreational vehicle park in the unincorporated area of St. Lucie County shall take place until the owner has secured a permit from the Building and Zoning Department of said County for the specific construction, alteration or extension proposed. B. All applications for mobile home park or recreational vehicle park permits shall be made to said Building and Zoning Department and shall contain the following: (1) Name and address of applicant. (2) Location and legal description of the park site. (3) Complete engineering plans and specifications of the proposed park showing but not limited to the following: a. The area and dimensions of the tract of land; b. The number, location and size of all mobile home and recreational vehicle spaces; C. The location of :water and sewer lines and riser pipes plus plans and specifications of the water supply, refuse and sewage disposal facilities, said plans and specifications to be approved by the St. Lucie County Health Department; d. Flans and specifications for all buildings constructed or to be constructed within the park; e. A drainage plan and street plan for the entire park area showing the disposition of all surface waters approved by the St. Lucie County Engineering Department; f. The location and details of the lighting and elec- trical systems including street lights; g. Plans for anchoring as per state specifications. C. in addition to permit fees charged for structures in the park, an additional fee of $2.00 per mobile home or recreational vehicle space will be charged. D_ When upon payment of permit fees and review of the application, the Building and Zoning Department is satisfied that the plans submitted meet the requirements of these regulations, plans shall be approved and a permit shall be issued. All construction, alteration, or extension shall be in accord with said approved plans. E. The site proposed shall contain not less than ten (10) acres of useable land for a mobile home park, or five (5) acres of useable land for a recreational vehicle park. F. The minimum space size shall be 50' x 100' for mobile home parks and 30' x 60' for recreational vehicle parks. G. The maximum space coverage per mobile home or recreational vehicle plus additions shall be not more than forty (40) per cent. H. The maximum dwelling unit density in mobile home parks shall be six (6) per gross acre and the maximum recreational vehicle density in recreational vehicle parks shall be fourteen (14) per gross acre. Page 220 of 246 and requirements for mobile and Y arks are: The minimum separatil vehicle P t� Z, d recreational home an owe parks (1) Mobile H erased from each 10 feet sep es y at least Front - 15 feet Shall be b es Rear - Mobile homes other stxuctur structux side other and from oth Any accessoryrooms, (15j feet• screen ies fifteen awning storage ofC e mobile Stich as attache, indvidual carports r I dered to be pant shall be home• parks recreational onal Vehicle however, and from (2) Recreati Feax yards other front Separated from each Any No required feet. etc - shall re beat least ten {10) opouts, vehicles awnio sthe recreational any struts Such as attached accessory Considered to be Part ,all be not less than vehicle. strip All buffer lent boundaries" shall be alandscaped i deptb along all contain a P J. There shall twenty-five (25) t waterfront) at least �5$ s (eyj,% which shall nd shall extend the buffer strip screen hig openzngs Structuralsix (5) feet except foT driveway aqueness and/or at least stripheight o The opaque, buffer meet the lanting, length of the sha11 months of P home Newly Plan scre n twelve be Separate dreaslestree tea a (12) from requirem with ents strip shall recreatbut mar be ed buffer vehicle sites, Jan, cap sites, recreational building distx�butic sites, and utility util�t�es rights of war tructures and utilized for drainage s and collection' ents arking xequirem stems and P safe, convenient aI R Street sY with Pull street; shall be provided abutting P e rovi1 All parks access from shall b P {l) vehicular Such access direct each space. means. oads to driveways or other i aT,z t thirty-six by streets, at leas a eying shall be exmitted for t park entrance a Parking shall be P its poin (2} 100} feet from feet wideofnone hundred distance ht of way of not beginning• uately have a rig fig must shall be adeq (3) All other stxeetsfeet and thirty (30} than specifications- - must be to County (4) All paving Required recreation areas: one or more recreat" 1 there be to all pa ( zn all hs shall ily accessible 1) hall areas be base( residents. areas shall feet recreation loo) square (2) of sucQ£ one hundred t shall c The Size area be to upon a minimumo outdoor ret and shall not each space, square feet and less its width. , than twice a rcv bile home Par. development of mobile home site For. the Purpose of be allows Years, which issronex M.. homes mar two ( unty Comm Of mobile to exceed °� Co the apPxovF period net to the Board Shown on by application sites must be steal Specific site or No phase in phases• pccuPa be constructed A Certificate r t fc Parks may acres• Zoning Departmen ' than ten (10) less the Building and be issued by a0of �j -3- 21 of 246 phase, subject to the following: (1) The St. Lucie County Health Department has given written approval of the water and sewerage disposal systems as constructed; (2) The County Engineering Department has given its written approval of the drainage and street systems as constructed; (3) All recreation facilities shown On the approved plans shall be completed before any Certificate of Occupancy is issued for any phase; (4) All other improvements for each phase shown on the approved plans shall be completed before a Certificate of Occupancy is issued for that phase. O. Dwelling units or living quarters, except in a mobile home or as an accessory•. use, are prohibited in a mobile home park.. P. Only recreational vehicles shall be allowed in a recreational vehicle park, and no structures shall be erected by tenants. Q. Facilities for emptying tanks of recreational vehicles shall be provided at all recreational vehicle parks. R_ No person shall occupay a space in a recreational vehicle park for more than six (6) months in any year." 5. Amend Section 13-A - Cawing Grounds - by deleting .the entire section. 6. Amend District Regulations for A-1 District by deleting "Camp Grounds" from permi-zsible uses by special exception. 7. Amend District Regulations for R--SMH District to read: DISTRICT R-5MH MOBILE HOME PARK AND SUBDIVISION The purpose of this District is to provide an area containing not less than ten (10) contiguous useable acres, in which mobile homes can be located on land on which mobile home spaces are leased over a period of time and to provide an area wherein mobile homes can be located on a permanent basis on an individual lot and/or in a subdivision provided for that use. PERMITTED PRINCIPAL USES AND STRUCTURES Mobile Home Subdivisions An individual mobile home including those known as "double -wide", on a parcel owned by the owner of the mobile home containing at least ten thousand (10,000) square feet and having at least seventy-five (75) feet of frontage on a public road. PERMITTED PRINCIPAL USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS AT A PUBLIC HEARING IN ACCORDANCE WITH PROCEDURES SET FORTH IN SECTION 7, SUBSECTION 20. Mobile Home Parks PERMITTED ACCESSORY USES AND STRUCTURES Accessory structures and uses customary with and incidental- to mobile home subdivisions such as, but not limited to, water plants, sewage treatment plants, recreational buildings, service buildings, swimming pools, tennis courts, marinas and other recreation facilities. A mobile home subdivision providing one hundred (100) or more spaces may have retail stores and personal service establishments for the use of the occupants thereof provided that such uses are contained within a completely enclosed building, no signs or displays indicating such uses are visible from any street, and such uses are for the convenience of the occupants and are not available to other persons. -4- NOW � pw 613 Paae 222 of 246 The owner of a parcel of land containing not less than two (2) acres or who resides thereon may keep not more than two (2) horses or two (2) ponies for his personal or family use, provided they are not kept, placed, or permitted within one hundred fifty (150) feet of any mobile home or residential building under separate ownership. PERMITTED ACCESSORY USES AND STRUCTURES REQUIRING SITE DEVELOPMENT PLAN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS AT A PUBLIC #SEARING IN SET FORTH I Accessory structures and uses customary with and incidental to mobile home parks such as, but not limited to, water plants, sewage treatment plants, recreational buildings, service buildings, swimming pools, tennis courts, marinas, and other recreation facilities. A mobile home park providing one hundred (100) or more spaces may have retail stores and personal service establishments for the use of the occupants thereof provided that such uses are contained within a completely enclosed building, no signs or displays indicating such uses are visible from any street, and such uses are solely for the convenience of the occupants and are not available to other persons. PROHIBITED USES AND STRUCTURES Residences other than mobile homes and any business, trade, occupation, or profession not listed as a permitted principal or accessory use. PERMITS FOR MOBILE HOMES IN MOBILE HOME PARKS Permits for mobile homes in mobile home parks: As required by current regulations. PERMITS FOR MOBILE HOME SUBDIVISIONS AND MOBILE HOMES Permits for mobile home subdivisions: As required by current regulations. Permits for mobile homes installed on individually owned lots not in a mobile home subdivision: A permit must be secured from the Building and Zoning Department prior to moving the mobile home onto the parcel. A fee of $10.00 shall be charged for each permit and the permit shall be conspicuously posted as directed by the Department. Before any permit shall be issued, the applicant shall submit a septic tank permit from the County Health Department and plans in duplicate for installing such mobile home which shall include the electrical service to be used. MINIMUM YARD REQUIREMENTS For mobile home parks: As required by current regulations. For mobile home subdivisions: As required by current regulations. For a mobile home on an individually owned parcel, but not in a mobile home subdivision: Front Yard 25 feet Side Yard 10 feet Rear Yard 15 feet LOT COVERAGE Permitted principal and accessory uses and structures shall not cover more than forty (40) percent of any individual lot or parcel. LIMITATIONS ON SIGNS No signs intended to be read from off the premises excepting: One (1) non -illuminated wall or ground sign not over six (6) square feet in area advertising sale or rental of property upon which sign is located. One (1) non -illuminated wall or ground sign not over two (2) square feet in area to prohibit trespassing, for safety, or for caution. -5- Pt'&58 PAGE X of 246 Two (2) non -illuminated subdivision or park signs each having an area of not over one hundred twenty-eight (128) square feet to advertise the park or rental of lots in such subdivision or park. No animated roof or projecting type sign permitted_ Overall height of any'ground sign not to exceed four (4) feet above the ground, except that subdivision or park signs may extend to maxim�� height of twelve (12-) feet above the ground_ Neon type signs prohibited_ Strip lighting prohibited_ $_ Amend District Reaulatioas by adding R-5AV District - Recreational Vehicle -Park - to read as follows: DISTRICT R-5RV PECREATIONAL VEHICLE PP,.°YS The purpose of this District is to provide areas where recreational vehicles, e, g_, travel trailers, truck campers, pickup coaches, motor homes, and similar vehicles suitable for temporary habitation, used for travel, vacation, and recreation purposes can be accommodated for short periods of time. ITTED PRINCIPAL USES -.;40 STRUCTURES REQUIRING SITE D A Recreational Vehicle Parks PEMITTE€f ACCESSORY USES AND STRUCTURES REQUIRING SITE D'EIELOPMINT PLAN APPROVAL BY THE. BOARD OE7 COUNTY COM..MISSIONFRS AT A PUBLIC HEARING IN ACCORDANCE WITH PROCEDjRES SET FORTH: IN SECTION 7, SUBSECTION 20. Accessary structures and uses customary with and incidental to the above uses, but not limited to, water plants, sewage treatment plants, recreational build- ings, service buildings, swirfiing pools, tennis courts, marinas, and other recreation facilities_ A recreational vehicle park providing one hundred (100) or r:�re spates may have retail stores and personal service establishments for the use of the occupants thereof provided that such uses are contained within a completely enclosed building, no signs or displays indicaEing such uses are visible iron any street, and such uses are solely for the convenience of the occupants and are not available to other persons_ PROHIBITED USES AND STRUCTURES Any structure, activity, or use not listed as a permitted principal or accessary use. PERMITS FOR RECREATIONAL VEHICLE PARKS Permits for recreational vehicles and recreational vehicle parks: As required by current regulations. MINIMUM YARD REQUIREMENTS For recreational vehicle parks: As required by current regulations_ LIMITATIONS ON SIGNS No signs intended to he read froti off the premises excepting: - One (1) non -illuminated wall or ground sign not over six (6) square feet in area advertising sale or rental of property upon which sign is located_ 6QGK25O PAGE of 246 r ~ One (1) non'-illu:zinated hall or ground sign not over two (2) squar. feet in area to prohibit trespassing, for safety, or for caution. Two (2) non --illuminated subdivision or park signs each having an area of not over one hundred twenty-eight (128) square feet to advertise the park or rental of lots in such subdivision or park. NO animated roof or projecting type sign permitted. Overall height of any ground sign not to exceed four (4) .feet abova the ground, except that subdivision or park signs nay extend to caxirum height of twelve (12) feet above the ground. Neon type signs prohibited. Strip lighting prohibited. f • ,-' . &_ e12" Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the Board of County Commissioners of the County and State aforesaid does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by the said Board Of County Commissioners at a meeting held on the 28th day of September, 1976_ Witness myD hand and the seal of said Board this day of,„✓ I976. _ Roger itras, Clerk -Circuit Court By f*� Deputy Clerk FILE() 4ND REGO)RDE6 37.tU01E n1ATY FLA, Ei K ClI FU 1T aURT CLERK C1�?CL}7 C�itflF gEG�SRt� V££3F4£D 3,16587 baox PACE 616 -7_ Page 1�225 of 246 3.01.03. Zoning Districts. Z. RVP RECREATIONAL VEHICLE PARK. Purpose. The purpose of this district is to provide for the location of recreational vehicles and travel trailers. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. Permitted Uses: Single-family residences, including Class A Mobile Homes, subject to the requirements of Section 7.10.16. (999) Recreational vehicles and travel trailers. (7033) C. Recreational vehicle parks are subject to the requirements of Section 7.10.16. (7033) Conditional Uses: (Supp. No. 19) Telecommunication towers - subject to the standards of Section 7.10.23. (999) Created: 2021-06-14 10:35:43 [EST] Page 1 of 1 Page 226 of 246 7.10.16. Recreational Vehicle Parks. A. Generally. Unless otherwise noted, the following standards shall be applied to all Recreational Vehicle Parks within unincorporated St. Lucie County. B. Land Use Compatibility. No new Recreational Vehicle Park may be located in any Future Land Use District other than Commercial (COM), or as permitted in the Mixed Use (MXD) Designation. Unless otherwise addressed in this Code, any Recreational Vehicle Park located in any other Land Use Designation shall be considered a nonconforming use. C. Minimum Park Size. A Recreational Vehicle Park shall be permitted only on tracts on land consisting of a minimum of five (5) acres and having a minimum frontage of sixty (60) feet on a paved public road. D. Density. The maximum number of recreational vehicle lots shall not exceed fourteen (14) lots per gross acre. E. Lot Size Requirements. 1. The minimum dimensions for any Recreational Vehicle Park lot, in any lawfully licensed Recreational Vehicle Park existing on or before August 1, 1990, shall be thirty (30) feet wide by sixty (60) feet long. 2. The minimum dimensions for any Recreational Vehicle Park lot in any recreational vehicle park constructed after August 1, 1990, or any addition to any existing Recreational Vehicle Park made after August 1, 1990, shall be forty (40) feet wide, and seventy (70) feet long. F. Setbacks. 1. Figure 7-32 identifies the minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990. (see next page) 2. Figure 7-33 identifies the minimum building setbacks for all Recreational vehicle lots created after August 1, 1990. (Supp. No. 19) (see next page) Created: 2021-03-31 19:07:S2 [EST] Page 1 of 7 Page 227 of 246 (Supp. No. 19) Fk-,ure 7 - 32 Typical Bui Id ing Setbacks f i --- - - ---I --- .......... I ... 17; R EA7 .................. C SIDE Y-' RD 1-:1 r% D N tm"r Twicul an K 60 C't SM&i. c rep:cml borne- (.sper'm s'-.La-im n: Lot ST3LFET/ CDAA%4aV A RE4 - ir- 1� . I L Created: 2021-03-31 19:07:52 [EST] Page 2 of 7 Page 228 of 246 Figure 7 — 33 -Fyrpi.ca a ui Id Ing Setbacks .Gr ?E-R C' SIPE YARD L-} '=F.Dr,— S?RFFY —: 3•t51 k -0 at SULEET/ CDANACW ARE4 S.'1{i i ~eF ce CDrnerGEFec'e t -to-ic-,; Lot G. Maximum Lot Coverage. The maximum coverage in the Recreational Vehicle Park by accessory buildings, shall be no greater than twenty percent (20%) of the total acreage of the park. H. Parking Pads. Each lot shall provide a stabilized vehicular parking pad, measuring no less than ten (10) feet by twenty (20) feet long; the pad shall be composed of shell, marl, paving, or stone screenings. Exposed ground surfaces in every space not protected by the vehicular parking pad shall be protected with a vegetative growth such as ground cover or shrubbery that is capable of preventing soil erosion and the creation of dust. Off -Street Parking. Off-street parking shall be in accordance with Section 7.06.02(A)(4). J. Open Space Standards. At least twenty percent (20%) of the gross site area of the park shall be set aside and developed as open space, recreation space, and buffering between recreational spaces. Such areas may provide recreation opportunities such as marinas, swimming pools, swimming beaches, tennis courts, picnic areas, playgrounds, pedestrian and bicycle paths, and playing fields. Common open space shall be laid out in according to the following standards: (Supp. No. 19) Created: 2021-03-31 19:07:52 [EST] Page 3 of 7 Page 229 of 246 1. Open space shall not include streets, parking lots, lease or rental lots, buildings, public rights -of -way, or sites for water and sewer treatment plants. 2. Up to fifty percent (50%) of the required open space may be accounted for through any on -site stormwater retention areas. 3. Pedestrian and bicycle paths shall be at least six (6) feet in pavement width and shall, where practicable, form part of a system leading to principal destinations. 4. Open space used as buffer areas or left undeveloped shall retain, to the maximum extent practicable, native vegetation that is present on the site. K. Landscaping. Landscaping shall be in accordance with Section 7.09.00. L. Buffer. There shall be a landscaped buffer around all Recreational Vehicle Parks of at least twenty-five (25) feet in width. Landscaping in this area shall conform to the requirements of Section 7.09.00. M. Traffic Circulation. 1. All parks shall be provided with safe, convenient, paved vehicular access from a paved road to each lot. 2. All streets internal to the park shall have a minimum right-of-way of thirty (30) feet, and shall be paved to county specifications. 3. Park entrance paving shall be at least thirty-six (36) feet wide, and park rights -of -way shall be marked or signed. 4. No entrance or exit from a park shall be permitted through a residential district. Specific Accessory Uses. In addition to those generally permitted Accessory Uses found in Section 8.00.00, a Recreational Vehicle Park may also provide for the following: 1. One (1) permanent residence, intended for occupation by the manager of the park, and 2. In parks with one hundred (100) or more lots, a retail and personal service establishment, intended exclusively for the use of the occupants of the recreational vehicles and travel trailers, which is contained within an enclosed building and located so as not to attract vehicular traffic from outside the park. 0. Requirement For Site Plan. All Recreational Vehicle Parks are required to undergo a Major Site Plan review unless otherwise required to complete Planned Development review process as a Development of Regional Impact Review process as described in Chapter 380.06, Florida Statutes. Requirement For Central Utilities. All Recreational Vehicle Parks shall be required to be served by centralized water and sewer services. Q. Permitted Specific Uses and Additions. 1. Any Recreational Vehicle Park, occupying more than ten (10) acres, unless located on North or South Hutchinson Island where there shall be no minimum acreage requirement other than that set out in Section 7.10.15(C), is permitted to have installed, erected, constructed or otherwise placed on site Recreational Vehicles, Travel Trailers, Detached Single -Family Residences, Class A Mobile Homes and additions thereto, including wood decks, screen rooms, patios and like accessory facilities subject to the following requirements: (Supp. No. 19) 1. The following minimum yard requirements shall be maintained: in all recreational vehicle parks existing on or before August 1, 1990. (a) Front yard - ten (10) feet * Created: 2021-03-31 19:07:52 [EST] Page 4 of 7 Page 230 of 246 (Supp. No. 19) (b) Side yard - eight (8) feet unobstructed on the left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lot lines, a minimum eight (8) feet unobstructed between adjacent units shall be required. (c) Side yard corner - eight (8) foot left side and five (5) foot right side when facing the lot from the center of the main street frontage (includes all properties adjacent to public and private roadways). In the absence of recorded lot lines, a minimum eight (8) feet unobstructed between adjacent units and five (5) feet from any common use area shall be required. (d) Rear yard - five (5) feet. * Note: The front yard setback for special situation lots shall be five (5) feet. Special situation lots include those lots in which the longest property dimension is found along the street frontage. Common use areas shall refer to public and private roadways only. Lots adjacent to pedestrian access shall not be considered corner lots. For lots with double street frontage, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. In all recreational vehicle parks created after August 1, 1990, including the expansion of any existing recreational vehicle park. (a) Front yard - twenty (20) feet (b) Side yard - ten (10) feet left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lot lines, a minimum ten (10) feet unobstructed between adjacent units shall be required.; and (c) Side yard corner - ten (10) foot left side and eight (8) foot right side when facing the lot from center of the main street frontage (includes all properties adjacent to common use areas). In the absence of recorded lot lines, a minimum ten (10) feet unobstructed between adjacent units and eight (8) feet from any common use area shall be required. (d) Rear yard - ten (10) feet. No portion, other than a maximum twelve (12) inch unsupported roof overhang, including appendages to the roof, of the Recreational Vehicle, Travel Trailer, Detached Single -Family Residence, or addition, including but not limited to wooden decks, bay windows, tipouts or awnings, may encroach into any required setback or separation area. Steps or ramps for access purposes may be erected, but may not encroach into any required side setback. Steps or ramps may encroach into the front or rear setbacks, if necessary provided that the steps or ramps do not occupy more than ten percent (10%) of the required front or rear yard unless otherwise approved by the St. Lucie County Board of Adjustment in accordance with Section 10.01.00. Steps or ramps which encroach into front or rear setbacks may not have a landing Created: 2021-03-31 19:07:52 [EST] Page 5 of 7 Page 231 of 246 with dimensions in excess of four (4) feet by four (4) feet where such landing encroaches into the required front or rear setback. b. The elevation of a wood deck shall not exceed the elevation of the floor of the recreational vehicle or travel trailer. The design of the wooden deck may include provision for use of the underlying space as a storage area. However, this space shall not be used for the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel -powered equipment. C. For the purpose of this section, the maximum height of any onsite construction or the installation of any Recreational Vehicles, Travel Trailer, Detached Single -Family Residence, Class A Mobile Home including additions thereto, shall not exceed twenty-two (22) feet above finished grade or minimum flood elevation, whichever is higher. The maximum height of any structure shall be determined at the highest point of the roof. In the case of multiple roof lines, the maximum height of any structure shall be determined at the highest point of the highest roof structure or system. To the extent that the method of determining maximum building height as described in this paragraph conflicts with any other provision of this Code, the terms of this paragraph shall apply. Figure 7-34 illustrates a typical wall section example that is to be used in determining the maximum height of all buildings. Figure 7-34 Hippest point of roof I (Supp. No. 19) ILLUSTRATIVE CROSS-SECTION not to scale Living Area First Habitable Floor Th s floor mustbe located above the minimum bae flood elevation (8FE) elevationwill vary Optional Understory Parkinp Area ReMlC lran Ndepend,nsm the m:l de4gn pr-d ed ihA the SFE .1 na v"IMd ��- The maximum permitted building height is 22 feet The rished irad! or the minimum � be measvedfrom the finished grad= a the minimum base flood elevation (BFE), whichever Is tvgher. If the lowest pant of the first habitable floor Is more than five (S) feet above the finished grade, then the exterior and interior wall areas located below the minimum base flood tkvabon (BFE) must be open throsghout the entire shucture 41 If the lowest point of the first habitable Floor is less than five (5) feet above the finished grade, then Me exterior and interior wall areas located below the minimum base flood elevation (BFE) maybe erxlosed subject to meeting all applicable flood protection standards. Base Flood Elevation evel will vary with location Notwithstanding the other provisions of this Code, new construction or substantial improvement of any residential structure in any recreational vehicle park shall meet the following standards: Created: 2021-03-31 19:07:52 [EST] Page 6 of 7 Page 232 of 246 In those instances where the lowest structural member of the first habitable floor is located less than five (5) feet above finished grade, the outside perimeter walls may include solid wall construction from the finished grade to the top of the minimum base flood elevation. Any solid wall construction below the minimum base flood elevation shall fully conform to the applicable flood protection standards, as set forth in this code. In those instances where the lowest structural member of the first habitable floor is located five (5) feet, or more, above finished grade, the outside perimeter walls may not include any solid foundation, perimeter or interior walls at, or below, the minimum base flood elevation for the area in which the new construction or improvement is taking place. Exterior or perimeter lattice works may be affixed to the outside walls below flood plain, provided that the lattice openings are a minimum of twelve (12) inches by twelve (12) inches wide with a maximum separation of four (4) inches. e. Repealed. (Ord. No. 12-003) f. All onsite construction must meet the applicable Flood Damage Prevention regulations, Section 6.05.00, and the Standard Building Code, Section 13.00.00, requirements of this Code. g. All new or replacement Recreational Vehicles, Travel Trailers, Single -Family Residences, Class A Mobile Home and additions thereto are required to have a permit from the Growth Management Director prior to any placement or construction activity commencing. h. Plans for Single -Family Residences, and additions including wood decks shall be submitted to the Growth Management Director for approval. Where required under Section 13.00.02(c)(3), all plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. Preapproved Master Plans may be utilized. i. Construction of an enclosure around a propane gas tank or other combustible prohibited. 2. An addition in existence on the effective date of this Code which does not meet the requirements established in this section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.00. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A- 1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. (Ord. No. 12-003, Pt. H, 5-15-2012) (Supp. No. 19) Created: 2021-03-31 19:07:52 [EST] Page 7 of 7 Page 233 of 246 11.06.03. Standards of Review. In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Code; B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. C. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; D. Whether there have been changed conditions that require an amendment; E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit and emergency medical facilities; F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Code; and J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. (Supp. No. 19) Created: 2021-03-31 19:07:S7 [EST] Page 1 of 1 Page 234 of 246 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 10.A.2. 2021-52187 REGULAR AGENDA -COUNTY ATTORNEY DATE: 8/3/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No CARES Act - Notice of Program Closeout - ADD ON St. Lucie County was allocated $55,543,687.00 from the State of Florida, Division of Emergency Management (FDEM), as part of the Coronavirus Aid Relief, and Economic Security (CARES) Act, through the U.S. Department of Treasury. As part of the County's plan, funding was allocated to Social Services, Economic Recovery, Public Safety and Health, Municipalities and Reserves for Future COVID 19 expenditures. Based on guidelines from FDEM all funds were expended within the required time frames, and reimbursement documentation was provided to FDEM as required. On July 19, 2021, the County received the attached Notice of Program Closeout from FDEM indicating that the County's allocation, including any interest earned and reported, has been fully substantiated and approved in FL CARES and all payments of the allocation have been issued to the County pursuant to the executed Funding Agreement. As indicated in the Notice, the County is obligated to maintain all records applicable to any requests for reimbursement, request for advance, interest earned on the County's allocation and the County's spend plan. The County is also obligated to provide additional documentation upon request by applicable state or federal officials. PREVIOUS ACTION: On June 19, 2020, FDEM entered into a Funding Agreement (Y2271) with St. Lucie County which was amended on October 7, 2020. On January 12, 2021, the Board approved funding for items highlighted, which equated to $6,321,455.29. On February 22, 2021, the Board approved funding for the County's remaining allocation of $24,227,573.71. FINANCIAL IMPACT: N/A RECOMMENDATION: Page 235 of 246 Staff recommends that the Board approve the Notice of Program Closeout and authorize the Chair to sign the notice. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 30, 2021 Daniel McIntyre, County Attorney r 6�r Date: August 02, 2021 Ron Parrish, Public Safety Director Y-y-yy+ Date: August 02 2021 Jennifer Hill, Office of Management & Budget Director Date: August 02, 2021 Alphonso Jefferson, Deputy County Administrator Page 236 of 246 0 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Governor State of Florida CARES Act Local Government Fundin Program Notice of Pro ram Closeout St. Lucie County July 19, 2021 Kevin Guthrie Director On June 19, 2020, the Florida Division of Emergency Management (FDEM) entered into Funding Agreement Y2271 with St. Lucie County ("County" or "Subrecipient") to pass -through funds from the Coronavirus Relief Fund pursuant to the CARES Act, section 601(d) of the Social Security Act. The County was allocated funding not to exceed $55,543,687.00 across three (3) Phases of the program as amended by Amendment No. 1 executed on October 7, 2020. As a reminder, pursuant to and in compliance with the executed Funding Agreement, St. Lucie County has an obligation to maintain all records applicable to any requests for reimbursement (RFRs), requests for advance (RAVs), interest earned on the county's allocation, and St. Lucie County's spend plan (See Funding Agreement Sec. 9 (a-d)). Additionally, FDEM, Chief Inspector General of Florida, Florida Auditor General, U.S. Treasury Office of Inspector General, and/or any other authorized official under Florida or federal statute may call upon the county at any time to supply additional documentation supporting requests submitted by St. Lucie County through the FL CARES system. If you have any questions regarding this closeout, please contact Erin White via email at Erin.White(.a-)em.myflorida.com. DUNS Registered Name County of St. Lucie DUNS Number 072215403 Federal Award Identification Number (FAIN) SLT0246 Federal Award Date Aril 17, 2020 CFDA Number and Name 21.019 — Coronavirus Relief Fund Subaward Period of Performance March 1, 2020 — December 30, 2020 Extended Period of Performance December 31, 2020 — February 28, 2021 Amount of Federal Funds obligated by this action by the Division to the County $55,543,687.00 Phase 1 Funds Awarded $13,885,922.00 Phase 1 Funds Validated $13,885,922.00 Phase 1 Funds Paid $13,885,922.00 DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.om 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Page 237 of 246 Phase 2 Funds Awarded $11,108,737.00 Phase 2 Funds Validated Phase 2 Funds Paid $11,108,737.00 $11,108,737.00 Phase 3 Funds Awarded $30,549,028.00 Phase 3 Funds Validated $30,549,028.00 Phase 3 Funds Reimbursed $30,549,028.00 Allocation Balance $0.00 Remaining Funds to be Reimbursed $0.00 SUBRECIPIENT: ST. LUCIE COUNTY LIZIN Name & Title: Date: FID#: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT an Name & Title: Date: Page 238 of 246 Appendix A Phase 1 and 2 Requests for Advance Validation Request ID Amount Validated $10,005.00 Interest Earned Date Validated 1560 11/6/2020 1648 $185.15 11 /6/2020 2006 $981.41 11/9/2020 2201 $5,080.20 11/9/2020 2206 $1,007.50 11/9/2020 1571 $2,004.35 11/9/2020 1767 $3,950.00 11/9/2020 2013 $489.00 11/9/2020 1753 $9,397.98 11/9/2020 1614 $3,604.00 11/9/2020 1996 $385.59 11/9/2020 1699 $44.99 $500.00 $6,598.66 11/10/2020 1724 11/10/2020 1737 11/10/2020 11/10/2020 2168 $734.77 1676 $21,830.00 11/10/2020 1896 $6,888.32 11/10/2020 2019 $1,574.96 11/10/2020 1692 $4,926.95 11/11/2020 2184 $7,429.50 11/11/2020 Page 239 of 246 3121 $3,730.00 11/11/2020 3078 $6,846.72 11/11/2020 2210 $1,857.76 11/11/2020 2216 $4,237.50 11/11/2020 11/11/2020 2213 $940.95 3090 $119.88 11/11/2020 3137 $579.55 11/11/2020 3149 $320.00 11/11/2020 3156 $220.86 11/11/2020 3160 $2,704.00 11/11/2020 3161 $3,840.00 11/11/2020 1977 $29,725.00 11/12/2020 2176 $2,062.05 11/12/2020 3165 $6,524.48 11/12/2020 1932 $1,300.00 11/12/2020 2218 $72.95 11/13/2020 2223 $11,103.75 11/13/2020 2224 $563.35 11/13/2020 2226 $16,807.50 11/13/2020 3140 $702.61 11/14/2020 1702 $6,250.00 11/16/2020 3134 $1,649.75 11/16/2020 3087 $25,636.36 11/16/2020 Page 240 of 246 1710 $3,467.45 11/16/2020 1926 $967.32 11/16/2020 3073 $6,099.35 11/20/2020 3159 $6,846.72 11/22/2020 3085 $1,037.27 11/22/2020 1795 $2,193.09 11/22/2020 3163 $115.81 11/23/2020 2162 $4,090.00 11/23/2020 1989 $18,780.00 $3,834.00 11/24/2020 2180 11/24/2020 3069 $298,566.28 11/24/2020 1579 $2,119.78 11/24/2020 2197 $21,000.00 11/24/2020 1778 $18,350.00 11/24/2020 3082 $17,183.88 11/25/2020 2171 $3,118.50 11/25/2020 3105 $25,000.00 11/25/2020 3072 $22,440.71 11/25/2020 4854 $448.70 11/26/2020 3091 $18,613.08 11/30/2020 3162 $3,118.00 11/30/2020 3164 $2,009.57 11/30/2020 3080 $1,902.24 11/30/2020 Page 241 of 246 3151 $7,776.00 11/30/2020 2135 $1,236.40 11/30/2020 1670 $6,250.00 11/30/2020 3088 $12,743.66 12/l/2020 3152 $3,090.00 12/l/2020 2142 $1,188.11 12/2/2020 3128 $43,200.00 12/2/2020 1963 $4,452.82 12/2/2020 2150 $1,650.00 12/2/2020 1639 $765.88 12/2/2020 3202 $5,218.00 12/2/2020 3074 $1,826.50 12/2/2020 3148 $315.77 12/2/2020 3129 $8,802.66 12/2/2020 1917 $144,075.00 12/2/2020 5124 $77.93 12/3/2020 3102 $276,000.00 12/3/2020 3126 $29,352.66 12/3/2020 5606 $1,349.97 12/4/2020 3910 $96.94 12/4/2020 5594 $517.40 12/4/2020 5562 $2,453.66 12/4/2020 2192 $3,670.20 12/4/2020 Page 242 of 246 5551 $1,794.57 12/4/2020 5558 $2,195.50 12/4/2020 3142 $4,285.33 12/7/2020 3154 $8,137.01 12/7/2020 3168 $1,051.26 12/7/2020 5713 $1,411.95 12/7/2020 5633 $4,798.14 12/7/2020 3146 $742.50 $4,247.00 12/7/2020 3138 12/8/2020 1596 $1,868.14 12/9/2020 4806 $3,611.06 12/11/2020 5451 $117,923.44 12/11/2020 5401 $4,533.93 12/11/2020 5641 $1,920.00 12/11/2020 5390 $9,893.60 12/11/2020 5394 $285.00 12/13/2020 12/13/2020 5398 $1,629.11 5387 $50,062.78 12/14/2020 5408 $3,025.06 12/14/2020 3143 $2,282.23 12/15/2020 5710 $1,465.20 12/15/2020 5723 $27,118.59 12/16/2020 3205 $52,708.00 12/16/2020 Page 243 of 246 3181 $4,475.00 3147 $114.07 12/16/2020 12/ 16/2020 3200 $60,571.54 12/22/2020 3130 $22,962.40 12/28/2020 3206 $13,904.00 12/28/2020 5725 $54,436.48 12/29/2020 3208 $5,384.13 12/29/2020 6457 $3,110.93 12/31/2020 3192 $1,290,076.12 1/4/2021 6455 $5,146.06 1/4/2021 3136 $1,865.49 1/5/2021 1685 $2,041.11 1/5/2021 3092 $126.3 5 1 /6/2021 3117 $48,660.66 1/6/2021 3167 $83,647.70 1/11/2021 3198 $198,107.30 1/11/2021 3133 $228,970.98 1/11/2021 3184 $35,000.00 1/13/2021 3158 $33,962.60 1/13/2021 3096 $77,400.82 1/19/2021 3182 $95,164.72 1/22/2021 3183 $125,839.95 1/25/2021 3180 $13,177.50 1/25/2021 Page 244 of 246 3443 $454,195.00 1 /26/2021 3179 $54,265.00 1/26/2021 5691 $243,973.20 1/28/2021 3428 $1,768,500.15 1/29/2021 3141 $100,059.35 2/2/2021 5645 $55,157.93 2/3/2021 7126 $42,287.34 2/4/2021 3185 $151,640.60 2/4/2021 6464 $180,970.97 2/8/2021 3107 $230,798.80 2/8/2021 7127 $516,701.29 2/10/2021 5712 $763,646.88 2/10/2021 1878 $15,506.35 2/11/2021 5721 $206,479.68 2/12/2021 3439 $6,993,330.03 2/12/2021 3283 $93,675.98 2/12/2021 3436 $1,000,000.00 2/17/2021 7197 $155,865.32 2/19/2021 7221 $192,061.89 2/19/2021 3433 $150,377.24 2/19/2021 3659 $1,827,161.76 2/19/2021 3425 $1,250,000.00 3/l/2021 3453 $1,010,099.58 3/2/2021 Page 245 of 246 3203 $1,514,224.15 3/2/2021 3/17/2021 5716 $243,452.61 7339 $385,559.94 3/22/2021 3280 $770,363.31 3/22/2021 3177 $6515644.68 3/25/2021 8910 $8,700.00 6/18/2021 8083 $173,861.98 4/l/2021 Phase 3 Requests for Reimbursement RFR Request ID Funds Dispersed Date of County Date of FDEMAnuroval 1 Aimroval Date RFR Paid d 4738 1 $817,341.12 j 12/15/2020 1 12/23/2020 I 1/4/2021 1655 1 $1,832.02 1 11/28/2020 1 12/2/2020 1 12/8/2020 3609 1 $1,383,137.24 j 11/28/2020 1 12/2/2020 1 12/9/2020 4736 1 $28,346,717.62 1 12/8/2020 1 12/23/2020 1 1/4/2021 Page 246 of 246