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Agenda Packet 10-18-05
,-,\ '-' -., ..",¡ OCTOBER ,., 2005 6100 PM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: 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 and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 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 Chairman will open each public hearing and aSRs anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. 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 Chairman will aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing dearly into the microphone. If you have bacRup material, please have eight copies 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 of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS _ All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982 The Board schedules additional worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY \wi COMMISSIONERS www.co..t-Iucie.tl.u. Frannie Hutchin..n, Chairman Doug Coward, Vice Chairman J..eph E. Smith Paula A. Lewis Chris Craft District No.4 District No.2 District N..I District No. J District No. 5 October I., 2005 6100 P.M. Cç¡nO\. ~ lh)¡¿,<ff\ À~SIl1~' Invocation Pledge .f Allegiance 'r¡¡.,¡t~ MINUTES MP~-J . ~,..,c Approve the minutes of the meeting held on October 11, 2005. 20 PROCLAMATIONS/PRESENTATIONS A. Presentation by Jeff Furst, St. Lucie County Property Appraiser. B. Reading of the announcements by the County Administrator. J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA /10 {{.'Y!o'nf tW' /&mS PUBLIC HEARING' w ,. 5A~e~ COUNTY AnORNEY ~\\j 0 .\\X Y\.... Adelphia Cable Franchise Transfer - Consider staff recommendation to adopt Resolution No. 05-394 approving the proposed transfer and authorize the Chair to sign the resolution. 5B~& GROWTH MANAGEMENT ~I}JO ~K~ '1.\' Development Agreement with Johnson Road Development Group, L.L.C. - Roching Horse Ranch - Consider staff recommendation to approve the Development Agreement with Johnson Road Development Group, L.L.c. 5. C. \ GROWTH MANAGEMENT ~l-¡"\ ~~~<, l b Consider Draft Resolution No. 05-027 granting Preliminary Planned Unit Development approval for the v\ .< project hnown as Roching Horse Ranch - PUD, for property located at the southwest comer of the intersection of Johnston Road and the Indian River County line - Consider staff recommendation to approve Draft Resolution No. 05-027 approving Preliminary Planned Unit Development Approval for the project to be hnown as Roching Horse Ranch - PUD. REGULAR AGENDA OCTOBER 18, 2.005 PAGE TWO '-' """ 5D. ~ GROWTH MANAGEMENT &C; If'I 5: \~~ «:).-Þroposed Changes to the St. Lucie County Comprehensive Plan - Amendments to the text of the Future Land \ P!} Use. Transportation, Recreation & Open Space, Intergovernmental Coordination and Capital Improvements Elements - At the August 11th meeting, the Planning & Zoning Commission recommended approval of these proposed Comprehensive Plan text amendments with submittal to the Board of County Commissioners. Staff recommends that the Board of County Commissioners approve the proposed amendments and transmit to the State Department of Community Affairs. END OF PUBLIC HEARINGS - :'JI 6. ..J(I &, PURCHASING t' \ >-l ~,C Bid Protest - Bid No. 05-089 - Construction of the ClerR of Court Office Building - Consider staff , recommendation to uphold the decision to award Bid No. 05-089 - ClerR of Courts Office Building to Paul Jacquin & Sons, Inc. for a total amount of $11,217,000.00 and permission for the Chairman to sign the contract as prepared by the County Attorney. 3~llk- ~e ~ ~<?WIS /~{ ') CVílfJ __~C>_ C OVJwð "\-l eS ~~,., ~ ~ ~ 1t: TmIT ,."""".",. "f""", "'TT~o' í 1f ]Wî ~~". ,.,,""" ~"."" . . CONSENT AGENDA ".w -, 111) W"I'·- ~'.~...,.""'" "r-f¡¡¡='ØIfI.IJl V I. WARRANT' LIST Approval of Warrant List No. 55 and 2 2. COUNTY AnORNEY A. Resolution No. 05-397 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-398 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-397 and Resolution 05-398 and authorize the Chairman to sign the Resolutions. B. First Amendment to April 13, 2004 Contract with Ranger Construction Industries, Inc. - Consider staff recommendation to approve the proposed First Amendment and authorize the Chairman to sign the Amendment. C. Resolution No. 05-395 - Authorizing the Acquisition of Parcels 57, 59 and 69 in Indrio North Savannas _ Consider staff recommendation to approve Resolution No. 05-395 and authorize the Chairman to sign the Resolution. D. Florida Communities Trust - Ten Mile CreeR West/FCT Project 03-079-FF3 - Declaration of Restrictive Covenants - Consider staff recommendation to approve the Declaration of Restrictive Covenants; authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. E. Termination of Lease - West 'k of Parcel 51 - St. Lucie County International Airport - Consider staff recommendation to authorize the Chairman to send a letter notifying the tenant of the County's intent to terminate the Lease as to the West 112 of Parcel 51 within 180 days from the date of receipt of the letter. J. PARKS AND RECREATION A. Port St. Lucie Fall Festival-Request to Waive Fees at Tradition Field - Consider staff recommendation to waive the $4,052.33 fee as requested by Jane Rowley for the Port St. Lucie Fall Festival to be held at Tradition Field October 26th through October 30th 2005. B. Tradition Field Fee Adjustment - Consider staff recommendation to approve to adjust the rental and clean-up fees to $1,000.00 and $500.00 respectively for the use of Tradition Field on November 19, 2005. 4. PURCHASING A. First Extension to Contract C04-09-495 with Steve Bamett, Inc. for car washing services - Consider staff recommendation to approve the First Extension to Contract C04-09-495 with Steve Bamet, Inc., and authorize the Chairman to sign the extension as prepared by the County Attorney. B. Award Bid No. 05-111 - Street Resurfacing - Consider staff recommendation to award Bid No. 05-111 - Street Resurfacing, including Indian River Drive, to low bidder DicRerson Florida Inc., for an amount not to exceed $1,184,930.46, and grant permission for the Chairman to sign the contract as prepared by the County Attorney. CONSENT AGENDA OCTOBER IS, 2.005 PAGE TWO ... J ..,¡ 5. PARKS REFERENDUM Release of Retainage to Sunrise Systems of Brevard Inc., and Final Payment - Consider staff recommendation to approve to maRe the final payment and release the retainage to Sunrise Systems of Brevard Inc., in the amount of $119.610.13. 6. HUMAN RESOURCES Compensation for staff called up for active military duty - Consider staff recommendation to approve compensation for staff called up for active military duty. On October B, 2002, the Board renewed item C-7 to run through September 30, 2003. On September 9, 2003, the Board renewed Item C-7 to run through September 30, 2004. On August 24, 2004, the Board approved item C-7 to run through September 30, 2005. 7. INVESTMENT FOR THE FUTURE Engineering Division - Approve Change Order No.1 in the amount of $26,340.75 for modification to the Platt's CreeR Stormwater Management Facilities project. Construction of the project is nearly complete. The proposed modifications will improve the connection between the existing drainage facilities constructed in 2000 with the newly constructed stormwater management facilities. See attached Memorandum 05-250 - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 1 in the amount of $26,340.75 for a total contract price of $2,772,080.75 to WPC Industrial Contractors, Inc. for the construction of modifications to the Platt's CreeR Stormwater Management Facilities project. 8. PUBLIC WORKS Engineering Division - Approve Change Order No.3 and Final in the amount of ($320,737.35); accept the project; release rdainage in the amount of $195,559.76 and ma~e Final Payment in the amount of $271,566.06 to DicRerson Florida, Inc. for the Construction of the Indian River Drive - North Project - Consider staff recommendation to approve Change Order No. 3 and Final; accept the project; release retainage and maRe Final Payment in the amount of $271,566.06. e. CENTRAL SERVICES A. Approve amending the contract award amount of $149,000.00 to Hennis Construction Company to include the public construction bond amount of $3,500.00 for a total contract amount of $152,500.00 for the Savannas Maintenance Building - Consider staff recommendation to approve amending the contract award amount of $149,000.00 (to include the public construction bond amount of $3,500.00) to $152,500.00 for Hennis Construction Company for the Savannas Maintenance Building. B. Approve Budget Resolution No. 05-400 for the implementation of improvements and adjustments to the A/C system at the RocR Road Jail Facility - Consider staff recommendation to approve Budget Resolution No. 05-400 in the amount of $25,000.00 and funding in the amount of $16,000.00 in Energy Efficiency Projects for a total project amount of $41,000.00 to maRe improvements and adjustments to the A/C system at the ROCR Road Jail Facility. C. Approve amending the contract amount of $199,000.00 to Hennis Construction Company to include the public construction bond amount of $4,060.00 for a total contract amount of $203,060.00 for the River ParR Marina Restroom - Consider staff recommendation to approve amending the contract award amount of $199,000.00 (to include the public construction bond amount of $4,060.00) to $203,060.00 for Hennis Construction Company for the River ParR Marina Restroom. '-' ANNOUNCEMENTS October I., 2005 .... ~ ~ V· --, ,~,~ =""",~,--""""",, ",-""""".,"~ ,",="""- "''''''0'''''''' 1. Meeting Changes: · October 25, 2005 Board of County Commissioners will meet at 9:00 a.m. and reconvene at 6:00 p.m. for a Public Hearing on the FPL Conditional Use and Site Plan. · November 1, 2005 Board of County Commissioners will meet at 6:00 p.m. · November 7, 2005 Board of County Commissioners will meet at 6:00 p.m. (TVC Continuation if needed) · November 8, 2005 Board of County Commissioners will meet at 9:00 a.m. and reconvene at 6:00 p.m. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · November 2.2, 2005 Board of County Commissioners will meet at 9:00 a.m. · November 29, 2005 Board of County Commissioners will meet at 6:00 p.m. · The December 27,2005 Board of County Commissioners meeting is canceled. 2. The Annual UDT Seal Muster will be held on Saturday, November 12, 2005 at 11:00 am at the UDT Seal Museum on North Hutchinson Island. 3. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Friday, February 3, 2006 at 2:00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are eiectronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Dale: October II, 200S Tape: 1-2 Convened: 6:00 p.m. Adjourned: 8:40 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, Pete Keogh, Parks and Rec. Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes ofthe meeting held October 4, 2005,and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS A. An update on the Lake Okeechobee and Estuary recovery plan was given by Lennart E. Lindahl, Jr. and Carol Wehle, South Florida Water Management District. B. An update on the St. Lucie County School District Referendum was . ., gIven. Oxbow Center- this item was brought forward by the Chairperson for a separate vote of acceptance of the donation. It was moved by Com. Coward, seconded by Com. Smith to accept the $100,000 donation by the St. Lucie Audubon for the Oxbow Classroom, and; upon roll call, motion carried unanimously. C. The Public Works Director gave an update on the Harmony Heights Stormwater Project. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (12450) Ms. Jean Hearn, lndrio Road resident, addressed the Board and thanked them for traveling to Washington to discuss water quality related issues. Ms. Hearn also commented on the item 6 pertaining to Chuck's Seafood and asked the Board to hold off in making a decision until all is resolved. Mr. Charles Grande, River's Coalition addressed the Board regarding the report given by the SFWMD and stated there has to be more to the issue than the statement made "there is nothing we can do for 5 years". Mr. Craig Mundt, North Hutchinson Island rcsident, addrcssed the Board regarding itcm II Ü and commented on thc decision to bc made by Judge Bryan in 10 days. Chuck's Seafood may no longer be the leasee. I 10/10/05 FZABWARR FUND 001 001165 001166 001168 001294 001295 001814 101 101001 101105 101106 102 102001 105 107 107001 107002 107003 107006 111 112 120 122 126 J 140001 140128 140322 140327 160 183 183001 183004 183006 185006 310003 315 316 37004 39009 401 418 421 441 449 451 161 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #54- 01-OCT-2005 TO 05-0CT-2005 FUND SUMMARY TITLE General Fund CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 FDCA/EMPA 2005 FDCA/Haz Mat FY'05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals FDOT-Hurricane Jeanne-Damage Cty Rd USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine t Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Palm Grove Fund Port & Airport Fund Port Fund Industrial Park West-EDA Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY05/06 Impact Fees-Public Buildings County Building Fund County Capital Grey Twig Lane MSBU Sunland Gardens 2 MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund Sports Complox Fund EXPENSES ." 132,132.86 0.00 0.00 0.00 3,024.72 269.30 0.00 46,993.72 236.22 24,628.55 0.00 23,265.41 53,076.38 0.00 26,434.54 0.00 0.00 9.93 7,479.27 2,572.19 555.07 160.60 918.27 114.36 689.51 2,604.36 8.15 27,453.42 34,943.94 25,437.78 0.00 3,466.77 218.68 149.12 15.23 0.00 33,758.90 11,591.87 10,717.33 6,027.55 7,534.96 33,992.30 1,351.78 446.74 0.00 3,239.26 8,508.08 4,908.83 'WII PAG3 PAYROLL 572,721.41 2,770.12 7,550.35 1,312.01 0.00 0.00 1,312.01 132,622.19 0.00 0.00 42.78 58,349.41 5,614.87 1,639.20 106,291.46 960.54 2,265.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,406.37 0.00 0.00 0.00 0.00 2,995.20 1,171.85 0.00 3,049.23 0.00 1,778.19 0.00 0.00 0.00 0.00 0.00 59,054.47 21,811.69 253.92 5,175.52 0.00 2,640.06 12,376.24 1 10/10/05 FZABWARR FUND 471 491 505 505001 611 625 802 '-" ST. LUCIE CO~Í - BOARD WARRANT LIST #54- O~-OCT-2005 TO 05-0CT-2005 FUND SUMMARY TITLE EXPENSES No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Utility Administration Fund 1,435.03 10.98 232.25 0.00 2,312.31 5,529.49 0.00 GRAND TOTAL: 548,456.01 ,: ,. ...., PAGE PAYROLL 2,099.99 71,315.74 3,338.63 2,079.48 3,926.97 0.00 3,865.99 1,102,791.04 2 la/la/a!; 1"~'^UW^](]( FUND 001 001156 001165 001166 001168 001814 101 101003 101106 102 102001 103 105 107 107001 107002 107003 111 112 113 114 115 116 l.l.7 .) 120 121 122 123 126 129 130 136 138 139 140 160 170 183 183004 185004 185005 185006 242 282 401 418 '-' :JT. IJUCIE COUNTY - DOARD ...., PAGE W.I\lmAN·l' LIST II 1- 06-0CT-2005 '1'0 07-0C1'-2005 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/Local Option USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E9l1 Surchar Fine ~ Forfeiture Fund-SOD Mhz Oper River~Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sun1and Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP FY03/04 FHFA SHIP FY04/05 FHFA SHIP FY05/06 Port r..s Fund Environmental Land r&s Fund Sanitary Landfill Fund Golf Course Fund EXPENSES PAYROLL 811,124.68 45.67- 206.95 562.86 97.71 100.36 10,176.38 1. 64 3.21 15,642.53 9,302.66 7,697.65 119.16 183,504.89 2,017.09 10,500.68 44.70 144.82 32.34 14.25 27.43 32.86 31.28 9.70 34.58 44.60 10.87 6.79 50.56 16.81 9.01 11,897.98 4,283.42 78 .30 8.61 39.16 930.72 221.60 1,675.41- 84.84 225.36 60,126.88 170.39- 299.59 1,148.38 5,980.90 20,806.14 3,153.71 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 597.81 0.00 0.00 0.00 0.00 0.00 1 10/10/05 FZABWARR FUND 4n 441 451 461 471 491 505 505001 611 802 \w ST. LUCIE COUNTY - BOARD WARRANT LIST # 1- 06-0CT-2005 TO 07-0CT-2005 FUND SUMMARY TITLE H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Utility Administration Fund GRAND TOTAL: f EXPENSES 18.48 479.34 192.79 923.78 151.42 5,119.86 136,476.80 155.16 277.79 294.87 1,303,053.46 .' .."" PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 597.81 2 '-' "'wI! Coach, Havert Fenn, addressed the Board and commended the Parks and Recreation staff on the renovation of Lawnwood Stadium. Mr. John Arena, Ft. Pierce resident addressed the Board regarding the bridge and its deterioration. Mr. Bill Hearn, Indrio Road resident, addressed the Board on the stadium renovation. 4. CONSENT AGENDA (1-2580) It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, with item C4D pulled for separate vote, .and; upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 54. 2. COUNTY ATTORNEY A. Resolution No. 05-380 Extending the State of Emergency for Hurricane Frances and Resolution No. 05-381 Extending the State of Emergency for Hurricane Jeanne - The Board approved Resolution No. 05-380 and No. 05-381. B. Resolution No. 05-378- Changes to St. Lucie County Investment Policy- The Board adopted Resolution No. 05-378 as drafted. C. Bear Point Mitigation Bank- Credit Reservation Agreement- The Board approved the proposed Bear Point Mitigation Bank Credit Reservation with Tailer's Cove Development LLC and authorized the Chainnan to sign the Agreement. D. Bear Point Mitigation Bapk- Credit Purchase Agreement with Danella Construction Corp. and FPL- The Board approved the Credit Purchase Agreement with Danella Construction Corp. and FPL . E. Addendum between Sun Guard H.T.E. , Inc.. and St. Lucie County- The Board approved the addendum. 3. PUBLIC WORKS One Year Extension to the Consultant Agreement for professional engineering services ror Gcotcchnical Testing through October 14, 2006.- The Board approved the one year extension with Ardaman & Associatcs, Inc.. and PSI, Inc. and authorized the Chairman to sign. 4. ENVIRONMENTAL RESOURCES A. Requcst Board approval of position rcqucst for an Environmental Planning Coordinator in the Environmental Resources Department- The Board approved position request POS06-064. B. Request the Board approved Amendment No.2 to Project Agreement 69-4209-5-1698- The Board approved Amendment No.2 to Project Agreement 69-4209-5-1698 with the U.S. Dept., of Agriculture- Natural Resources Conservation Service to extend the completion date for the Indian River Drive Revegetation Project until November 30, 2005 and authorized the Chair to sign the agreement. C. Request of Basil Goombs for an exemption from the requirements of Section 11.02.09 (A) (5) St. Lucie County Land Development Code to prepare an Environmental Impact Report for the project to be known 2 '-'" """" as Valencia Ranches PUD- The Board approved the request of Basil Goombs. D. Oxbow Eco-Center- Accept Donation Agreement with S1. Lucie Audubon for Oxbow Classroom- The Board approved the Donation Agreement for the construction of a meeting room at the Oxbow Eco- Center in the amount of $100,000.00 and authorized the Chairman to sign the agreement as prepared by the County Attorney's office. This item was pulled and placed on page 1 for separate acceptance vote. 5. GROWTH MANAGEMENT Increase the Florida Commission for the Transportation Disadvantaged Planning Grant hy $400.00 to $20,411.00,- The Board adopted Resolution No. 05-:'77 to increase the budg<.:l for the Florida COl11mission lor the Transportation disadvantaged Planning Grant No. 001293-15101 for FY 04/05. 6. AIRPORT A. Change Order No. 1- Dickerson Florida Inc., for the construction of the Airport West Commerce Park at St. Lucie County International Airport- The Board approved Change Order No 1, with Dickerson Florida Inc. and authorized the Chairman to execute. B. Florida Dep1. of Transportation Extension of Time for Joint Participation Agreement, for Airport West Commerce Park- The Board accepted the extension of time until December 31,2006 on the FDOT Joint Participation Agreement for the Airport West Commerce Access Roadways project at the S1. Lucie County International Airport and authorized the Chairman to sign the request for the one year time extension. C. Tcrmination of Lease Agreement with Platts Grove, Inc., effective May 1, 2006- The Board approved the early termination of the lease with Platts Grove, Inc., effective May 1, 2006. 7. CENTRAL SERVICES Downtown Judicial Complex Chiller P1ant- Edlund Dritenbas Binkley Architects- Amendment No.2 to C03-08-520- The Board approved Amendment No.2 to C03-08- 520 Edlund Dritenbas Binkley Architects for the services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost of$12,925.00 and authorized the Chair to sign this Amendment as prepared by the County Attorney. 8. PURCHASING A. Sixth Amendment to Contract No. COO-11-124 with Aquagenix- The Board approved the Sixth Amendment to Contract No. COO-11-124 with Aquagenix and authorized the Chairman to sign the amendment as prepared by the County Attorney. B. Bid No. 05-101- Construction of a Storage Building at Lawnwood Recreational Complex- The Board approved rejecting all bids for Bid No. 05-101 . C. Award Bid No. 05-103- Demolition of Interior and Abatement of Materials - Old Court House- The Board approved awarding Bid No. 05-103 Demolition of interior and abatement of materials for the old Courthouse to the low bidder, DPC General Contractors, Inc., for a :\ '-- ...., total amount of $450,000.00 and granted pennission for the Chainnan to sign the contract as prepared by the County Attorney. D. Award Bid No. 05-105- FRP Glide Slope Runway 9 Replacement- The Board approved awarding Bid No. 05-105 FRP Glide Slope Runway 9 Replacement to Signal Connections for a total amount of $54,500.00 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. E. Award Bid No. 05-112- Purchase of Baling Wire- The Board approved awarding Bid No. 05-112 purchase of baling wire to Culvert Wire to Granite Falls Furnace and granted pennission for the Chairman to sign the contract as prepared by the County Attorney. F. Award Bid No. 05-109- Purchase and Installation of Hurricane Shutters for various Habitat for Humanity Homes- The Board approved awarding Bid No. 05-109 to the only bidder Deubel Company for a total amount of$31,900 and granted pennission for the Chainnan to sign the contract as prepared by the County Attorney. G. Tennination of Long Line Mowing Contract No. C05-04-124 with Coastal Services of Florida- The Board approved terminating the long line mowing contract no. C05-04-214 with Coastal Services of Florida and award to the second lowest bidder Treasure Coast Lawns, Inc. for thrc¡; ycar contract at $37,500.00 per cycle, extra liller pick up at $1 Ü, I 00.00 per year and authorized the Chairman to sign the contract as prepared by the County Attorney. H. Award Bid No. 05-069 River Park Marina Restroom- The Board approved awarding No. 05-069 River Park Marina Restroom to the lowest responsive and responsible low bidder Hennis Construction Company for a total amount of$199,000.00 and authorized the Chainnan to sign the contract as prepared by the County Attorney. I. Award of Bid No, 05-104- Erosion Control at the S1. Lucie County Airport- The Board approved awarding Bid No. 05-104 Erosion Control at the S1. Lucie Airport to the low bidder Native TecImologies, Inc.. for the total base bid amount of$126,181.20 and granted permission for the Chainnan to sign the contract as prepared by the County Attorney. 9. INVESTMENT FOR THE FUTURE Engineering Division- Platt's Creek Storm water Project- First Amendment to Work Authorization No.5 with Dunkelberger Engineering & Testing- The Board approved and authorized the Chair to sign the First Amendment to Work Authorization No 5 for Soil Testing with Dunkelberger Engineering & Testing Inc., for the PJatt's Creek Stormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. 10. MANAGEMENT AND BUDGET Request for retroactive approval ofFY 06 Budget disbursement to the Supervisor of Elections- The Board authorized retroactive approval of the Supervisor of Elections request for 25 percent of the total FY06 budget and thereafter 6.82 percent per month. 11. COMMUNITY SERVICES Approval of two Contracts for Rehabilitation Work using funds from the CDBG and SHIP programs- The Board approved the contract and authorized the Chair to sign all documents. REGULAR AGENDA 4 .... .., 5.A COUNTY ATTORNEY (2-227) Ordinance No. 05-037- Adoption of Amended Impact Fee Study- Consider staff recommendation to adopt Ordinance No. 05-037 as drafted. It was moved by Com. Smith, seconded by Com. Craft, to approve Ordinance No. 05- 037, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (2-426) Development Agreement with Johnson Road Development Group, LLC (Rocking Horse Ranch) - Consider staff recommendation to continue the second pubic hearing until Tuesday, October 18, 2005 at 6:00 p.m. in order to coincide with the public hearing for the Rocking Horse preliminary PUD application to be held on this date. It was moved by Com. Lewis, seconded by Com. Coward, to continue this item on October 18, 2005 at 6:00 p.m. and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (2-486) Chuck's Seafood- Proposed reconstruction of covered dining area- Consider staff recommendation that the BCC detennine whether to approve the application of Chuck's Seafood Inc., to the City ofFt. Pierce for a pennit to reconstruct the rear covered dining area on the existing pad. In the event the Board approves the request, staff recommends the structure be limited to one story as indicated in the building plans. The Assistant County Attorney addressed the issue. Com. Coward suggested as policy makers they need to clarify that they do not have a problem in rebuilding the existing restaurant within the existing footprint. And it is up to their staff to be dealing with the structural building pennitting issues that is beyond the Board. They need to resolve the issue of what is the objective and this is where the site plan comes in. If they go back to the original plan this would eliminate the difference of opl11lOns. COI11. Coward stated he did not wish to hurt Chuck's Scarood liquor liccnsc by having this issuc pushed back until the site plan is done. He askcd if the Board had a problem craning a lettcr similar to the Mayor's basically outlining that they would support a 90 day extension to that and the County is in the process of working out the final details of site plan to allow the applicant to rebuild due to hurricanc related issues. Com. Craft stated he would support his suggestion. Com. Smith commented on the expansion of the kitchen and if it would be done within the existing footprint. The Engineer for the project stated the kitchen could be expanded within the existing footprint within the canapy. The Asst County Attorney asked if with the kitchen expansion they would still have the required 4,000 sq. ft. of dining area. Ms. Adrina Barton, facility manager, stated yes they would. Com. Hutchinson requested they bring the site plan and then the Board can move in whatever direction needed. However, she does not oppose crafting the letter suggested hy Com. Coward. Com. Lewis stated she would support sending the letter, however the Judge stated he would be ruling on the issue in 10 days. 5 ., ~ITY ~f ~RI PI~R~~ SUNIi ~.. ./ ~ '. t'!j~~C{?;:·:'·~'~ . ," " , . .,- " í~ / ,>" ' ',. 'I . 'C IT'< OFFICE OF THE MAYOR AND CITY COMMISSION CITY HALL. 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 October 7, 2005 TEL. (772) 460-2200 FAX (772) 467-9264 www.cityoffortpierce.com Pat Parmer, Director Alcoholic Beverage & Tobacco Dept. of Business & Professional Regulation 1940 North Monroe street Tallahassee, Florida 32399- 1020 RE: Chlll.:k' s Scalè.>od - g22 Seaway Drive, Fort Pierce, FL 34949 Dear Director Parmer: Chuck's Seafood has been a part of this community since 1961. During last years' hurricanes, it was one of the only restaurants in Fort Pierce to get a hot meal. Thousands ofmeaJs were served to the community along with free meals to servièe workers (police, fire and National Guard). Chuck's Seafood opened its doors to the whole community. This is the only tàcility that is in the City limits of Fort Pierce, but on $1. Lucie County owned land. It has been very difficult with all of the other hurricane recovery problems to get this resolved, but it is now finally making progress. On October 11,2005, there will be a meeting with representatives of St. Lucie County and Fort Pierce to discuss a pennanent concrete canopy that will be connected to the original structure. With this canopy, the building will be covered for the 4,000 sq ft that is required for the liquor license, I am in support of their request tor a 90 day extension for the purpose or permitting time and (or construction to be completed. Thank you for your consideration in this matter. Sinccrely, -'" ) / <;,.,/ ,./ ~. ,/ .~;.- ¿~;., ¿;;;:: .:;;/:i';, ~Æ.-c:.- Robert J. Benton, III Mayor c: Iknnis W. Beach, City Manager Jolm Alcorn, Director of Building , " ~ ~ The Asst. County Attorney clarified the stay of the ADT license. The letter would not hurt. It was the consensus ofthe Board to craft the letter for the Board's signature and send it to the Alcohol and Tobacco agency. 7. COUNTY ATTORNEY (2-2139) Space Needs Study- Contract with Institute for Law & Policy Planning- Consider staff recommendation to approve the agreement and authorize the Chainnan to sign the agreement. [t was moved by Com. Craft, seconded by Com. Lewis, to approve the agreement, and; upon roll call, motion carried unanimously. UNAGENDAD- ('on1.lllItchinsOll advised llie Hoard;1 Ieller was received slating the USDA Farlll Services Agency will be losing rllnding and they may have to close down. She asked consensus from the Board to send a letter in support of continued funding for the agency. It was the consensus of the Board to draft a letter in support of the agency. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk QfCircuit Court 6 "" "",/ ~ '-' AGENDA REQUEST ITEM NO. S4 DATE: October 18, 2005 REGULAR [] PUBLIC HEARING [XX] CONSENT [J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney DanielS. McIntyre SUBJECT: Adelphia Cable Franchise Transfer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 05- 394 approving the proposed transfer and authorize the Chair to sign the resolution. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ J OTHER: Approved 4-0 County Attorney: ~31/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eft. 5/96 '-" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1476 DATE: October 10. 2005 SUBJECT: Adelphia Cable Television Franchise Transfer .*.***.***********.***************.*.*.******.*.....*...***.**.*****..***...** BACKGROUND: Adelphia/Comcast has proposed a transfer of its cable television franchise with the County to Time Warner and ultimately Comcast. Prior approval of the County is required pursuant to Ordinance No. 98-09 of the County Code and the Adelphia Franchise Agreement granted pursuant to Resolution No. 98-278. Attached to this memorandum is a copy of draft Resolution No. 05-394 which, if adopted. would approve the transfer. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 05-394 approving the proposed transfer and authorize the Chairman to sign the Resolution. DSM/caf Attachment '-" ""'" ST. LUCIE COUNTY RESOLUTION NO. 394 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, APPROVING THE SALE AND ASSIGNMENT OF THE SOUTHEAST FLORIDA CABLE INC. ("A DELPHIA"), CABLE TELEVISION FRANCHISE, TO CABLE HOLDCO EXCHANGE II, LLC ("CABLE HOLDCO II"), A SUBSIDIARY OF TIME WARNER NY CABLE LLC ("TWNY") AND THE TRANSFER OF CONTROL OF CABLE HOLD CO II FROM TIME WARNER CABLE INC. ("TWC") TO PARNASSOS, L.P. ("PARNASSOS"), A SUBSIDIARY OF COMCAST CORPORA nON ("COMCAST"); OR, IN THE ALTERNATIVE DENYING THE COUNTY'S APPROVAL OF THE TRANSACTIONS DUE TO PROPOSED TRANSFEREE'S FAILURE TO COMPL Y WITH CERTAIN CONDITIONS PRECEDENT WHEREAS, Adelphia is currently in Chapter 11 bankruptcy proceedings, and as a result, desires to transfer its cable system and its franchise agreements, including the cable television franchise granted by the County; and WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005 between Adelphia and TWNY, the right to purchase the Adelphia's cable system wi]] be assigned by TWNY to a who11y owned subsidiary of TWNY, Cable Holdco II, which wi11 purchase the cable system and franchise (the "Adelphia Transaction"); and WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005 between TWC and Comcast, the franchisee Cable Holdco Exchange II LLC wi]] become a 100 percent indirect subsidiary of Com cast (the "Exchange Transaction"); and WHEREAS, on June 16, 2005, the St. Lucie County, Florida (the "County"), received two FCC 394 applications requesting the County to consent to the Adelphia Transaction and the Exchange Transaction; and WHEREAS, pursuant to cab]e Ordinance No. 98-09 of the St. Lucie County Code of Ordinances and the Adelphia Franchise granted thereunder, no such sale, assignment and transfer may occur without prior approval of the Board of County Commissioners; and - 1 - '-' ..,,¡I WHEREAS, pursuant to applicable federal law the County is required to take action to grant or deny the application within one hundred twenty (120) days of receipt or the application shall be automatically deemed approved; and WHEREAS, it is the County's intent to take any and all appropriate action to avoid any such automatic approval; and WHEREAS, the County has required that the Applicant fulfill the obligations of the Cable Ordinance and the Franchise and provide infonnation on the proposed transaction including details regarding the legal, financial, and technical qualifications of the Transferee and such other infonnation as may be in the public interest; and WHEREAS, the County has relied on infonnation provided by both the proposed Transferor and the Transferee; and WHEREAS, the County has required a written "Cable Franchise Transfer Agreement" from Adelphia, Cable Holdco II, TWNY, and Pamassos, a subsidiary of Comcast of the tenns and conditions of this Resolution and the Franchise as a condition precedent to the adoption of this Resolution (Cable Franchise Transfer Agreement attached hereto as Exhibit A); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1. St. Lucie County hereby consents to the sale and assignment of the Adelphia cable television Franchise JTom Adelphia to Cable Holdco II, a subsidiary of TWNY, and the subsequent change of control of Cable Holdco II from TWC to Pamassos, a subsidiary of Comcast, on the condition that within ten (10) business days of adoption of this Resolution by the Board of County Commissioners, the County is in receipt of an executed Cable Franchise Transfer Agreement in the fonn attached hereto. In the event the County does not receive the executed Cable Franchise Transfer Agreement within ten (10) business days, the condition precedent will not have been satisfied and this Resolution will act as a denial without waiving any of the County's rights pursuant to applicable federal law, thereby avoiding automatic approval. Section 2. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of Adelphia under the cable Ordinance and the cable television Franchise granted pursuant to the Ordinance, and transferred pursuant to Resolution 394, until such time and except to the extent that such obligations become the obligations of Transferee as a result of the transfer. Section 3. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of Cable Holdco II under the Cable Ordinance and the cable Franchise transferred pursuant to Resolution, except to the extent such obligations are satisfied by Adelphia. - 2 - '-' ...., Section 4. That the consent granted herein does not and should not be construed to constitute a waiver of any right of the County under and any applicable federal, state and local law including, but not limited to the Cable Ordinance and the cable television Franchise; and further, this consent shall not prejudice the County's rights with respect to the enforcement, renewal or subsequent transfer of the cable television Franchise and any amendments thereto or agreements in connection therewith. Section 5. That the consent granted herein is conditioned upon execution by all named parties of the Cable Franchise Transfer Agreement attached hereto. Section 6. Notwithstanding anything to the contrary, if the County is not in receipt of the executed Cable Franchise Transfer Agreement in the form attached hereto within the timeframe required by Section 1 hereof, the County hereby denies the pending application to sell and assign the cable franchise currently held by Adelphia to Cable Holdco II, a subsidiary of TWNY and the subsequent transfer of control of Cable Holdco II to Pamassos, a subsidiary of Comcast. Section 7. In the event of a denial of the pending application pursuant to Section 6 above nothing herein shall be deemed a waiver of the parties' right to re-submit said application to the County. Section 8. That the County hereby reserves all of its rights pursuant to federal, state and local law including, but not limited to the rights in (a) the Franchise renewal process (b) the Franchise transfer process including, but not limited to, the right to act upon any application to sell, assign or otherwise transfer controlling ownership of the cable system; (c) the enforcement of the current Cable Ordinance, and the current cable television Franchise. Section 9. That the consent granted herein is subject to Cable Holdco II's compliance with all other applicable legal requirements and the County does not waive and expressly reserves the right to enforce any non-compliance with the applicable Ordinance(s) and Franchise requirements that arise subsequent to the closing of the Adelphia Transaction and the Exchange Transaction. Section 10. adoption herein. That this Resolution shall become effective upon the date of its The foregoing Resolution was offered by Commissioner who moved for its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as foHows: Commissioner Commissioner Commissioner Commissioner Commissioner - 3 - '-' ""'" PASSED AND ADOPTED this day of 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN ATTEST: DEPUTY CLERK APPROVED AS TO LEGAL SUFFICIENCY: COUNTY ATTORNEY - 4 - '-' ...I CABLE FRANCHISE TRANSFER AGREEMENT This CABLE FRANCHISE TRANSFER AGREEMENT (the "Transfer Agreement") is made and entered into on the _ day of ,2005, by and among St. Lucie County, Florida (the "County"), and Southeast Florida Cable Inc. ("Adelphia"), Cable Holdco Exchange II LLC ("Cable Holdco 11") Time Warner NY Cable LLC ("TWNY"), and Parnassos, L.P. ("Parnassos"), a subsidiary of Comcast Corporation ("Comcast"). Adelphia, Cable Holdco II, TWNY and Parnassos may collectively be referred to herein as the "Companies". RECITALS WHEREAS, Adelphia currently holds a cable franchise (the "Franchise") from the County pursuant to that certain Franchise Agreement to provide cable services between the County and Adelphia (the "Franchise Agreement"), and subject to Ordinance No. 98-09 of the St. Lucie County Code of Ordinances (the "Cable Ordinance"), all of which documents, as any of them may lawfully be or may have been amended from time to time, are collectively referred to as the ("Franchise Documents") and WHEREAS, Adelphia is currently in Chapter II bankruptcy proceedings; and WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005 between Adelphia and TWNY (the "Asset Purchase Agreement"), Cable Holdco 11, a subsidiary of TWNY will acquire the Franchise currently held by Adelphia and the cable system serving St. Lucie County (the "System") (the "Adelphia Transaction"); and WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005 between Time Warner Cable Inc. ("TWC") and Comcast, 100% of the equity securities in the Comcast subsidiary CAP Exchange I, LLC will be exchanged for 100% of the equity securities of Cable Holdco II whereby that entity will become a 100% indirect subsidiary of Comcast (the "Exchange Transaction"); and WHEREAS, the Franchise Agreement provides that the prior written consent of the County is required for the Adelphia Transaction and the Exchange Transaction (collectively the "Proposed Transactions") and the Cable Ordinance provides that the Franchise Agreement shall not be assigned, transferred, sold or disposed of without the prior consent of the County as authorized by resolution of the Board of County Commissioners; and WHEREAS, on or about June 10, 2005, two FCC Form 394s were filed with the County requesting that the County consent to the Proposed Transactions (the "Transfer Application"); and WHEREAS, Cable Holdco II agrees to provide the County with a certification from Comcast, certifying performance by Cable Holdco II of all of Cable Holdco II's obligations under the Franchise Documents, this Transfer Agreement, and the Resolution, consistent with appJicable law; and '-" ...., WHEREAS, Cable Holdco II agrees to provide the County with the msurance policies, performance and construction bonds required by the Franchise Agreement; and WHEREAS, Cable Holdco II has agreed to comply with the Franchise Documents consistent with applicable law from and after the consummation of the Proposed Transactions; and WHEREAS, relying on the representations contained in the Transfer Application, the County is willing to grant its consent to the Proposed Transactions and the assignment of the Franchise Agreement from Adelphia to Cable Holdco II and then the change of control of Cable Holdco II from TWC to Comcast, subject to the terms and conditions set forth herein; NOW, THEREFORE, in consideration for the County's consent to the Proposed Transactions and subject to the temlS and conditions of this Transfer Agreement and of the resolution of the Board of County Commissioners consenting to the Proposed Transactions and authorizing the Manager of the County to consent to the Proposed Transactions and execute this Transfer Agreement (the "Transfer Resolution"), the parties hereto do hereby agree as follows: Section 1. DEFINITIONS. For purposes of this Transfer Agreement, "Franchisee" shall mean Adelphia prior to the effective date of the Franchise transfer resulting from the consummation of the Proposed Transactions, and Cable Holdco II on and after that date. Section 2. TRANSFER OF FRANCHISE. I. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The County has consented through the Transfer Resolution, and the Manager of the County by execution of this Transfer Agreement, to the Proposed Transactions as specified in the Transfer Application and to the assignment of the Franchise Agreement from Adelphia to TWNY subsidiary Cable Holdco II and the transfer of control of Cable Holdco II from TWC to Corncast, in consideration for the promises and performances of Adelphia, TWNY and Pamassos as expressed in this Transfer Agreement. 3. In accordance with the Franchise Agreement, within thirty (30) days of the effective date of the Franchise transfer and change of control resulting from the consummation of the Proposed Transactions, Cable Holdco II shall file with the County an executed copy of the final version of the Asset Purchase Agreement and Exchange Agreement, excluding the exhibits and schedules thereto. Section 3. ACCEPTANCE OF FRANCHISE OBLIGA nONS. - 2 - '-" '-' I. The Franchisee hereby accepts, acknowledges and agrees that, upon the effective date of the Franchise transfer and change of control, resulting from the consummation of the Proposed Transactions, it will continue to be bound by all lawful commitments, duties, and obligations, present, continuing and future, of the Franchisee embodied in the Franchise Agreement and that the Proposed Transactions will have no effect on limiting or negating any such obligation. 2. The Franchisee shall ensure that all records pertaining to the Franchise, including but not limited to System map, call center reports and financial records, shall continue to be available to the Town after the effective date of the Franchise transfer and change of control resulting from the consummation of the Proposed Transactions in the same way and to the same extent such information was available to the Town prior to the Proposed Transactions. 3. Cable Holdco II shall execute and submit to the County an Acceptance of Franchise in substantially the form attached hereto as Exhibit A. The signed Acceptance of Franchise must be provided within thirty (30) days after the closing of the Proposed Transactions. 4. Cable Holdco II shall provide a certification in the form attached hereto as Exhibit B from Comcast, certifying performance by Cable Holdco II of all of Cable Holdco II's obligations under the Franchise Agreement and this Transfer Agreement. The signed certification must be provided within thirty (30) days after the closing of the Proposed Transactions. 5. Cable Holdco II shall obtain and file with the County an insurance certificate evidencing the insurance poJicies described in and required by the Franchise Agreement, and a performance and construction bond as described in and required by the Franchise Agreement, each of which shall be in effect as of the effective date of the Franchise transfer resulting from the consummation of the Proposed Transactions. Such documentation must be provided within thirty (30) days after the closing of the Proposed Transactions. 6. Upon the closing of the Exchange Transaction, Comcast and Pamassos, L.P. shall provide the following to the County: a. Pursuant to Section 13(H) of the Franchise Agreement, a single, comprehensive I-NET proposal to be provided within 60 days of closing of the Exchange Transaction. b. Pursuant to Section 13(B) of the Franchise Agreement, confirmation that the "Franchisee will provide cable service, without charge.. .to alJ buildings of the County that may be constructed or opened within the County during the term of the Franchise Agreement." Section 4. RESERVATION OF RJGHTS. I. The County reserves alJ rights not expressJy granted 111 this Transfer Agreement, including without limitation those specified beJow. 2. The County waives none of its rights with respect to the Franchisee's compliance with the requirements set forth in the Franchise Agreement. - 3 - '-' ..." 3. Neither this Transfer Agreement, nor any other action or omission by the County at or before the execution of this Transfer Agreement, shall be construed to grant the County's consent to any future transfer of the Franchise and/or the System, and/or any future change in ownership and/or control of Cable Boldco II, the Franchise and/or the System, whether or not any such transfer or change is contemplated in the Asset Purchase Agreement or eJsewhere, or to mean that the County's consent to any future transaction is not required. The County's consent to the Proposed Transactions is limited solely to the transfer of the Franchise and the System from Adelphia to TWNY subsidiary, Cable Boldco II and the subsequent transfer of control of Cable Boldco II from TWC to Pamassos, a subsidiary of Com cast. 4. Any consent given by the County to the Proposed Transactions is made without prejudice to, or waiver of, the County's right to investigate and take into account any lawful considerations during any future Franchise renewal or transfer process. 5. This Transfer Agreement does not affect and shall not be construed to affect the rights and lawful authority of the County to regulate or authorize, by ordinance, license or otherwise, use of the public rights-of-way for purposes other than for cable service. Section 5. NO EFFECT ON RATES. J The Companies represent and warrant that neither the Proposed Transactions nor this Transfer Agreement will result in any increase in subscriber rates for basic cable service. Section 6. REPRESENTATIONS AND WARRANTIES. I. TWNY, Cable Boldco II and Pamassos each hereby represent and warrant that at the time of the execution of this Transfer Agreement: (a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized; (b) the Franchise Agreement and, assuming due execution hereof by the other parties hereto, this Transfer Agreement constitute legal, valid and binding obligations of such company enforceable in accordance with their terms, consistent with applicable law; (c) the execution and delivery of, and performance by such company under, this Transfer Agreement, and the Franchise Agreement, where applicable, are within such company's power and authority without the joinder or consent of any other party and have been duly authorized by all requisite company action on the part of such company and are not in contravention of such company's partnership agreement, charter, bylaws and/or other organizational documents; and (d) no representation made to the County by such Company is incomplete, untrue or inaccurate in any material respect. 2. Pamassos represents and warrants that neither the Proposed Transactions nor this Transfer Agreement will adversely affect the ability of Cable Boldco II to meet the requirements of the Franchise Agreement, or to meet the County's future cable-related needs and interests in a renewal Franchise. 3. TWNY, Cable Boldco II and Pamassos represent and warrant that the Proposed Transactions will not have any adverse financial effect on the System, or adversely affect perfonnance. - 4 - '-' ...., 4. Pamassos represents and warrants that upon the effective date of the Franchise transfer and change of control resulting from the consummation of the Proposed Transactions, Cable Boldco II's financial qualifications will be such as shall enable it to maintain and operate the System in S1. Lucie County. 5. Pamassos represents and warrants that the Proposed Transactions will not in any respect reduce the quality of customer service in S1. Lucie County. 6. Pamassos represents and warrants that the Proposed Transactions will not reduce the quality of existing System maintenance or repair. Section 7. INDEMNIFICATION. 1. Adelphia, TWNY, Cable Boldco II and Pamassos each agree to indemnify and hold the County harmless against any loss, claim, damage, liability or expense (including, without limitation, reasonable attorneys' fees, whether at trial, on appeal or otherwise) caused by any representation or warranty made by that Company herein which is determined by a court of competent jurisdiction or by the parties to be untrue or inaccurate in any material respect. 2. Pamassos shall indemnify and hold the County harmless against any loss, cJaim, damage, liability or expense (including, without limitation, reasonable attorneys' fees, whether at trial, on appeal or otherwise) incurred by the County in connection with any action or proceeding commenced by a third party (not one of the parties to this Transfer Agreement) claiming or asserting any liability of the County relating to or arising from the Proposed Transactions or this Transfer Agreement. Section 8. ADDITIONAL CONDITIONS. Any County consent to the Proposed Transactions or the assignment or change of control of the Franchise Agreement provided for in this Transfer Agreement, the Transfer Resolution or elsewhere, shall be voidable by the County in the event of the failure of the occurrence of any of the following conditions: a. The acquisition of the Franchise and the System by Comcast and the closing of the Proposed Transactions shall be on terms that are in all material respects substantially similar to the teons disclosed to the County in the Transfer Application; and b. The County shall have received an executed certification from Cable Boldco as provided in Section 3.4 of this Transfer Agreement within thirty (30) days after the closing of the Proposed Transactions; and c. The County shall have received an executed Acceptance of Franchise from Cable Boldco II as provided in Section 3.3 of this Transfer Agreement within thirty (30) days after the closing of the Proposed Transactions; and d. Cable Bo]dco II shall have obtained and' filed with the County an insurance certificate and performance and construction bonds described in and required by the Franchise Agreement, as provided in Section 3.5 of this Transfer Agreement, within thirty (30) days after the closing of the Proposed Transactions; and e. This Transfer Agreement shall have been executed by all of the parties hereto on or before November I. 2005. - 5 - "-'" ....., In the event that the conditions set forth herein are not satisfied, Adelphia, TWNY, Cable Holdco nand Parnassos acknowledge that this consent is considered null and void. Section 9. BREACHES. Any breach of this Transfer Agreement, including, but not limited to, any representations and/or warranties contained in this Transfer Agreement that are found to be incomplete, untrue or inaccurate in any material respect, shall be deemed a breach of the Franchise Agreement and shall be subject to all remedies available for a breach of the Franchise Agreement, in addition to any other remedies the parties may have under this Transfer Agreement at law or equity. Section 10. MISCELLANEOUS PROVISIONS. 1. EFFECTIVE DATE. This Transfer Agreement shall be effective and binding upon the parties hereto once it has been signed by all the parties hereto. 2. BINDING ACCEPTANCE. This Transfer Agreement shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. Any purported assignment of this Transfer Agreement is void without the express written consent of the parties hereto. 3. VOLUNTARY AGREEMENT. This Transfer Agreement is freely and voluntarily given by each party, without any duress or coercion, and after each party has consulted with its counsel. Each party has carefully and completely read all of the terms and provisions of this Transfer Agreement. Neither any of the Companies, nor any of their affiliates, nor the County, will take any action to challenge any provision of this Transfer Agreement; nor will they participate with any other person or entity in any such challenge. 4. SEVERABILITY. If any term, condition or provision of this Transfer Agreement shall, to any extent, be held to be invalid, preempted or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. 5. COUNTERPARTS. This Transfer Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties shall not have signed the same counterpart. 6. CONFORMING AMENDMENTS TO FRANCHISE AGREEMENT. Pamassos agrees to accept mutually agreed upon amendments to the Franchise Agreement to the extent necessary to reflect the Proposed Transactions or the provisions of this Transfer Agreement. 7. GOVERNING LAW. This Transfer Agreement shall be deemed to be executed in St. Lucie County, Florida, and shall be governed and construed in all respects by the laws of the State of Florida and applicable federal law. - 6 - ~. ...., 8. CAPTIONS AND REFERENCES. The captions and headings of sections throughout this Transfer Agreement are intended solely to facilitale reading and reference to the sections and provisions of this Transfer Agreement. Such captions and headings shall not affect the meaning or interpretation of this Transfer Agreement. - 7 - '-' ,..., IN WITNESS WHEREOF, the parties hereto have caused this Transfer Agreement to be executed at the place and on the day hereinabove first written. The execution of this document was authorized by Resolution No. AGREED TO BY THE PARTIES: ST. LUCIE COUNTY, FLORIDA By: Date APPROVED AS TO FORM AND LEGALITY: Office of the County Attorney SOUTHEAST FLORIDA INC. ("ADELPHIA") By: Date TIME WARNER NY CABLE LLC By: Date As parent of Cable Holdco Exchange II LLC following the Adelphia Transaction COMCAST CABLE HOLDINGS LLC By: Date As the General Partner of the General Partner of Pam ass os. L.P '. the parent of Cable Holdco Exchange II LLC following the Exchange Transaction - 8 - w ...." EXHIBIT A ACCEPTANCE OF FRANCHISE BY THE FRANCHISEE Upon closing of the Exchange Transaction, Cable Roldco Exchange II LLC, a subsidiary of Comcast Corporation (the "Franchisee") hereby accepts the franchise to operate and maintain a cable system in St. Lucie County (the "Franchise") pursuant to that certain Franchise Agreement to provide cable services between St. Lucie County, Florida (the "County") and Southeast Florida Cable Inc. ("Adelphia") (the "Franchise Agreement"). By this acceptance, the Franchisee agrees that it shall be bound by the terms and conditions of the Franchise Agreement, and subject to Ordinance No. 98-09 of the St. Lucie County Code of Ordinances, and the Transfer Agreement among the County, Adelphia, Cable Roldco Exchange II LLC, Time Warner NY Cable LLC, and Parnassos, L.P., a subsidiary of Comcast Corporation (collectively, the "Franchise Documents"). By accepting the Franchise, the Franchisee further: (1) acknowledges and accepts the County's Iegal right to issue and enforce the Franchise Documents; (2) agrees that it will not oppose the County's intervention in any proceeding affecting the Franchise Documents or obligations thereunder; (3) accepts and agrees to comply with each and every provision of the Franchise Documents subject to applicable law; and (4) agrees that the Franchise, and the County's consent to the transfer thereof, was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. The Franchisee declares that it has carefully read all of the terms and conditions of the Franchise Documents, and accepts and agrees to abide by same subject to applicable law. The Franchisee is bound to maintain and operate a cable system under the terms, conditions and limitations set forth in the Franchise Documents and other applicable law, as of the time and date it files this written acceptance with the County. AGREED TO THIS DAY OF , 2005.Cable Roldco Exchange II LLC By: Its: - 9 - -..... .~ EXHIBIT B CERTIFICA TION OF PERFORMANCE Comcast Corporation, as the ultimate parent entity of Cable Holdco Exchange II LLC upon the closing of the Exchange Transaction, certifies that it has sufficient financial resources as demonstrated in its Annual and Quarterly Reports to ensure that Cable Holdco Exchange II LLC operates the cable system serving the Town in accordance with its franchise requirements. EXECUTED as of COMCAST CORPORATION By: Name: Title: Address: 1500 Market Street, 35th Floor Philadelphia, P A 19102 Attention: General Counsel - 10 - ~ '-" 'J AGENDA REQUEST ITEM NO. 5B DATE: October 18, 2005 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: Board OF County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): Growth Management Michael Bri~ß Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) SUBJECT: BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: N/ A RECOMMEND A TION: Staff recommends that the Board approve the Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) COMMISSION ACTION: CONCURRENCE: [Xi APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Review and Approvals Itw-County Attorney: k.- Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eft. 5/96 '-" ,."., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Michael Brillhart, Strategy & Special Projects Director DATE: October 18. 2005 SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) *****************...**************ñ*****************************..************* BACKGROUND: Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnson Road and Indrio Road through a development agreement. These improvements are necessary to mitigate traffic impacts of the proposed Rocking Horse Ranch PUD upon the intersection. A copy of a proposed development agreement is attached. Under the terms of the proposed agreement, the Developer will pay the County Four hundred fifty thousand and 0/100 ($450,000.00) dollars to pay for the design and construction of the intersection improvements. Approval of the Agreement will require two public hearings. The Board granted permission to advertise on July 28, 2005. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) Respectfully submitted, tl/JllI/Ii Michael Brillhart Strategy & Special Projects Director MB/ms Attached '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Michael Brillhart. Strategy & Special Projects Director DATE: October 5, 2005 SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) ****************************************************************************** BACKGROUND: Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnson Road and Indrio Road through a development agreement. These improvements are necessary to mitigate traffic impacts of the proposed Rocking Horse Ranch PUD upon the intersection. A copy of a proposed development agreement is attached. Under the terms of the proposed agreement, the Developer will pay the County Four hundred fifty thousand and 0/100 ($450.000.00) dollars to pay for the design and construction of the intersection improvements. Approval of the Agreement will require two public hearings. The Board granted permission to advertise on July 28. 2005. RECOMMENDATION/CONCLUSION: Staff recommends that the Board continues the second public hearing until Tuesday, October 18, 2005 at 6:00 p.m. in order to coincide with the public hearing for the Rocking Horse Ranch preliminary PUD application to be held on this date. Respectfully submitted. tt/JI !1J/L¡.> Michael Brillhart Strategy & Special Projects Director DSM/caf Attached '-" 'WI DVA 05-01 DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. THIS AGREEMENT is made and entered as of this 11th day of October, 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Board"), and JOHNSON ROAD DEVELOPMENT GROUP, I..L.C., a Florida Limited Liabilty Company (the "Developer"). WHEREAS, the Board and the Developer recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. The Developer owns certain real property (Property) located in St. Lucie County, Florida, described in the attached Exhibit" A" (Property). C. The County has determined that improvements to the intersection of Johnston Road and Indrio Road are needed in order to mitigate the traffic impacts of the proposed Rocking Horse Ranch Residential Sudivision upon the County Roadway System in accordance with the County's Adequate Public Facilities Ordinances. D. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed. E. On September 20th, 2005, the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior g:\atty\agreemnt\AG Dev Group Page 1 of 12 '-' ...." to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. F. On October 11, 2005, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such second public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals. The above recitals are true and correct. 2. Mandatory Provisions. a. LeQal Description and Owner. The land that is the subject of this Agreement is described in the attached Exhibit "A". The owner of legal and equitable title to the Property is JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8. c. Uses. Densities. Intensities. Height. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: SinQle Family Residential 160 Single Family Dwelling Units Density Allowed: One (1) Unit Per Acre Intensity Allowed: g: \atty\agreemnt\AG Dev Group Page 2 of 12 '-' ,., L.D.C. Hei9ht Allowed: As is currently allowable under the St. Lucie County Architectural Standards d. Future Land Use Map Desionation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). e. Zonino. The current zoning of the property is Ai ("Agriculture"). f. Site Plan. On or before ,2005, the Developer shall submit and obtain Board approval of a conceptual site plan for the Property consistent with the provisions of Section 2c herein. On or before October 11, 2005, the Developer shall submit and obtain Board approval of a final site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein. g. Public Facility Adeouacy. Development of the property is contingent upon completion of the improvements identified on Exhibit "C". h. Local Development Permits. The local development permits required for the development of the Property are: (1) Rezoning - to RE "Residential Estate" (2) Regulatory permits - surface water management permit(s) from the South Florida Water Management District. The g:\atty\agreemnt\AG Dev Group Page 3 of 12 ~ ....",; (3) need for other regulatory agency permits shall be determined based upon final site construction plans. Subdivision plat approval - will be required prior to the sale of any lots or properties. Final development order - required prior to commencing construction. Site plan approval - required prior to commencing construction. Building permit - required prior to commencing construction. (4) (5) (6) i. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event subdivision plat approval and/or a building permit is/are not received, no further development of the Property shall be allowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St. Lucie County Comprehensive Plan. j. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St. Lucie County Comprehensive Plan. k. Consistency with LDC. Provided that the Developer submits and obtains Board approval of a site plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"). The Board finds that the development of the Property as provided in this Agreement is consistent with the LDC. I. Compliance with Other Law. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. g:\atty\agreemnt\AG Dev Group Page 4 of 12 '-' ,.", m. Necessary Conditions. The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. 3. AQreement to Construct and Fund Improvements. The Developer agrees to design, permit, and construct the improvements identified on Exhibit "C". Furthermore, The Developer agrees to pay the entire cost for the design and construction of the improvements identified on Exhibit "C". This cost is currently estimated to be $450,000.00. This obligation shall survive the revocation or termination of this Developer Agreement. 4. Road Impact Fee Credits. In exhange for the Developers payment for design and construction of the improvements identified on Exhibit "C", the County shall grant the Developer Road Impact Fee credits in the amount of $450,000.00. Said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residential Subdivision. These credits may only be used in association wit hou ~s p~rmitted in the Rocking Horse Ranch Residential Subdivision. Uh I }ú£~ 5. Final te Plan Subtnittal. On or before October 11, 2005, the Developer agrees to pr . e a final site plan (the" Site Plan") to the Board in accordance with the provision of Section 2c of this Agreement showing the proposed development of the Property. The Developer further agrees that the plan for development of the Property as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 6. Road Ri9ht-of-Way Dedication. Within forty-five (45) days from the date of this Agreement, the Developer agrees to dedicate and convey to the Board a 1.24 acre ðtA- May. 3, 2005 strip of land for right-of-way purposes as shown on Exhibit "B". The conveyance shall be by general warranty deed in recordable form and shall be free and clear of all liens and encumbrances. At least fifteen days prior to the conveyance, the Developer, at the Developer's expense, shall deliver the following to the Board: a. Commitment for title insurance showing that the Owner has marketable title to the right-of-way parcel. Within forty-five (45) days after closing, the Developer shall deliver a title policy to the County consistent with the commitment naming the County as the insured. g:\atty\agreemnt\AG Dev Group Page 5 of 12 ~ ...,¡I b. Sealed survey certified to the Board showing no encroachments. c. Phase I Environmental Audit certified to the Board showing no evidence of hazardous waste contamination on the right-of-way parcel. d. Beneficial Interest Affidavit, if required. 7. Impact Fees. No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by the Developer or its assigns. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact credits for the dedication pursuant to the St. Lucie County Code of Ordinances (the "Code"). If the Board determines that the dedication is eligible for credits against road impact fees pursuant to the Code, the parties agree to enter into a separate Road Impact Credit Agreement. 8. Adequacy of Public Facilities; Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: The project is not required to extend or connect to the potable water system. c. Sanitary Sewer: The project is not required to extend or connect to the sanitary sewer system. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill to service the anticipated demands of the Property. e. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units. f. Mass Transit: Not applicable. g:\atty\agreemnt\AG Dev Group Page 6 of 12 '-" 'wJI g. Roads: Subject to completion of the improvements identified on Exhibit "C", sufficient roadway capacity will exist to support the proposed development of this project. 9. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of the last Certificate of Occupancy for last residential building as shown on the Site Plan Materials. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new final Development Order has been issued. Any application for a new final Development Order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. 10. Involuntary Revocation of Development AQreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. 11. Term. g:\atty\agreemnt\AG Dev Graup Page 7 of 12 '-' ...., The term of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. 12. RecordinQ; Submission to Florida Department of Community Affairs. Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 13. Effective Date. This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all effected parties to the Agreement. 14. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Site Plan Materials, or in any phasing for the reporting year and for the next year. b. If the Site Plan materials provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. g:\atty\agreemnt\AG Dev Group Page 8 of 12 ......... ..." c. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement. 15. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. 16. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 17. Notices. g:\atty\agreemnt\AG Dev Group Page 9 of 12 '-' "wi The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: Mark A. Brackett Johnson Road Development Group, L.L.C. 1974 14th Avenue Vero Beach, Florida 32960 With a copy to: Fred L. Kretschmer Vero Beach, Florida 32960 18. Successors and AssiQns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 g:\atty\agreemnt\AG Dev Group Page 10 of 12 '-' "wIIÌ IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation presence of: By: Print Name: Witness Print Name: Witness ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of ,2001, by , Johnson Road Development g:\atty\agreemnt\AG Dev Group Page 11 of 12 '-' ..,., Group, L.L.C., a Florida Corporation, who is _ personally known to me, or _ who has produced as identification and who _ did/ _ not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: g:\atty\agreemnt\AG Dev Group Page 12 of 12 \.-. ..",; Exhibit A Scope of Services Task 1 - Survey We will obtain design survey infonnation to support and facilitate contemplated design and permitting activities associated with the proposed intersection improvements. Collected survey within the project limits will include existing Right-of-Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic elements. The project design limits shall begin at a point along Imlrio Road that is approximately 1600 feet west of Johnston Road and continue east along Indrio Road to a point 1200 feet east of Johnston Road. Johnston Road will be surveyed 1200 feet north of Indrio Road and 150 feet south of Indrio Road. Due to the nature of the heavy traffic that consistently operates at this intersection, much of the survey field work will need to be perfonned on weekends. Task 2 - Geotechnical Geotechnical exploration will be perfonned as needed to facilitate roadway improvements and signal design. This may include tests such as: · Standard Penetration Test (SPT) borings for mast arm design. . Groundwater detennination. Task 3 - Intersection Design Roadway construction plans will be prepared to expand the intersection of Indrio Road and Johnston Road to the proposed expanded intersection geometry. These improvements will include the design of the following intersection configuration: North leg: Addition of a single right turn lane (60 ft of storage plus 185 ft of deceleration) East leg: Addition of a single right turn lane (60 ft of storage plus 405 ft of deceleration length) \..r ....,¡ West leg: Addition of a single left turn lane (175 ft of storage plus 405 ft of deceleration length) Roadway transitions will be required on the north, east and west proposed legs to transition out the widening required for the introduction of a left turn lane to the existing 2-lane configuration at the intersection. The turn lane storage lengths have been computed from existing peak hour volumes. The design speed for both roadways will be 5 mph above posted speed. The design will incorporate the following: I. Roadway plan sheets depicting the intersection and roadway improvements. 2. Cross-sections at 100 ft. intervals. 3. Signing and marking plans using current FDOT and MUTCD criteria. 4. Stormwater runoff is currently being collected in roadside swales and conveyed to the local canal system. The widening improvements will account for adjustments to the existing swale system to maintain existing conveyance. 5. Stormwater permitting will be coordinated through South Florida Water Management District (SFWMD) and the local governing agencies. During the course of the permitting we will attend the necessary pre-application and coordination meetings with the agencies as needed. The applicable permit applications will be prepared by Kimley-Hom with St. Lucie County as the applicant. 6. Plans will be produced in English units at a 1"=40' scale on 11" x 17" sheets. 7. Plans will be submitted to the County in conjunction with submittals to the Florida Department of Transportation for review and comment. 8. A reproducible set of plans, a copy of the electronic files and a copy of the technical specifications needed for the bid documents will be delivered to the County upon 100% completion of the design. 9. Upon completion of construction ofthe project and receipt of the As Built drawings from the contractor, we will make the necessary certifications to the permitting agencies. -.... ..., Exhibit B Compensation We will provide the services described in Task 1 through 3 for a lump sum amount of $80,400 inclusive of expenses. For infonnationa1 purposes a breakdo','m of the individual tasks are provided below. · Task 1 - Survey · Task 2 - Geotechnical · Task 3 - Intersection Design $18,000 $5,000 $57,400 '--' ...., Exhibit C Schedule Survey is expected to take approximately 30 days from the time that notice to proceed is given. Design up to a permitting level is expected to take approximately 90 days once the survey is complete. Upon receipt of permitting agencies responses, 100% plans are expected to take approximateJy 30 days. "'" c'''' " To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-' 'wi Agenda Request 5C 10/18/05 Item Number Date: Consent Regular Public Hearing leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] Board of County Commissioners Growth Management ...-------' Presented By ~ -------- "~) Assistant County Administrator r-.- Consider Draft Resolution 05-027 granting Preliminary Planned Unit Development approval for the project to be known as Rocking Horse Ranch - PUD, for property located at the southwest comer of the intersection of Johnston Road and the Indian River County line. The petitioner, Johnson Road Development Group, llC.. has requested Preliminary Planned Unit Development approval on property located at the southwest corner of the intersection of Johnston Road and the Indian River County line to allow for the development of 160 residential lots. In conjunction with this application for Preliminary Planned Unit Development approval, the applicant has submitted a Development Agreement for improvements for the Johnston Road and Indrio Road intersection. N/A On May 3, 2005, this Board continued the public hearing to a date uncertain in order to allow the developer and county staff time to work out the details for a Development Agreement for roadway improvements to the intersection of Johnston Road and Indrio Road. On April 5, 2005, this Board held a public hearing on this item and continued it to the May 3, 2005, meeting in order to allow the developer to redesign the project to be in compliance with the North County Citizens' Master Plan. At the February 17, 2005, public hearing on this matter, the St. Lucie County Planning and Zoning Commission. by a vote of 5 to 2 (Ms. Hammer and Mr. Knapp) with two members (Mr. Trias and Mr. Akins) absent. recommended approval of the requested change in zoning. Staff recommends approval of Draft Resolution 05-027 approving Preliminary Planned Unit Development Approval for the project to be known as Rocking Horse Ranch - PUD. COMMISSION ACTION: [JtJ APPROVED D DENIED D OTHER CONCURRENCE: Coordination/ Signatures Mgt. & Budget: . J1 Environ. Res. Division: ~ 'V(~ Approved 4-0 l.)J n_..., ,ttorney Originating Dept.: Finance: 'ó '-' "'" GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Board of County Commissioners FROM: David P. Kelly. Planning Manager ç!i{ DATE: October 18, 2005 SUBJECT: Rocking Horse Ranch Attached find a letter received from Geoff Barkett of Schulke, Biddle & Stoddard, L.L.C. concerning the Rocking Horse Ranch project being heard before the Board tonight for consideration of the approval of a Preliminary Planned Unit Development and a Development Agreement. Thank you. ~L, '-' ...,; October 13, 2005 Mr. Hank Flores St. Lucie County Growth Management Department 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Rocking Horse Ranch P.D.D. Recent Changes to Plans Dear Mr. Flores: As you are aware, the Rocking Horse Ranch project, along with associated Developer's Agreement is scheduled for consideration by the St. Lucie County Board of Commissioners on October 18. The project has been modified to incorporate all the suggestions presented to the owner and myself at recent meetings with all the County Commissioners and Mr. Busha from the Treasure Coast Regional Planning Council. The incorporated changes are summarized as follows: 1. Two Roadway Easements along South property line for possible future interconnections. 2. One Roadway Easement along West property line for possible future interconnection, also escrow our fair share of ditch crossing - (for 5 year time period) 3. An easement and language for a possible lake interconnection to our south lake. This could be start of an overall waterway plan. 4. Increase green area along east side of south lake and create walking path to interconnect to possible future Recreation Areas. 5. All lakes are stocked with fish and have piers and 4.0 acres of Littoral Zones. 6. Left and right turn lane into project at entrance. - dedicate 1.24 acres of Johnston Road R-O-W - take in stonnwater runoff from Johnston Road Improvements - Install sidewalk along Johnston Road 7. Install 30' Landscape Buffer with 6' Opaque feature along Johnston Road 8. Provide room for a covered Bus Stop and turn around at project entrance. ~ """ 9. Establish an Interlocal Agreement for Maintenance of the FPFWCD ditches. 10. Provide a 4 +/- AC Clubhouse area with Pool/Tennis / Playground / Cooking Pit / Fishing Dock / etc. Please review the above at your earliest possible convenience and should you have any questions, please contact me. Sincerely, GeoffBarkett CC: A'lana Cutshall, Brackett & Associates · ........ '-" ,.,/ ITEM NO. DATE 5D 10/18/05 AGENDA REQUEST REGULAR PUBLIC HEARING CONSENT ( ) ( x ) ( ) TO: BOARD OF COUNTY COMMISSIONERS Ø~~/ Michael Brillhart Strategy & Special Projects Director SUBMITTED BY (DEPT): Growth Manaaement SUBJECT: Proposed Changes to the St. Lucie County Comprehensive Plan: Amendments to the text of the Future Land Use, Transportation, Recreation & Open Space, Intergovernmental Coordination and Capital Improvements Elements. BACKGROUND: A review of the adopted Comprehensive Plan by the County's impact fee consultants has identified several proposed text changes. These recommended changes, as shown in Attachment "B", are intended to reflect and emphasize the County's role in the construction, maintenance and operations of County owned public facilities on a "countywide" basis. The recommendation is to remove the word, "unincorporated" wherever identified within the Plan and replace it with the word "countywide". Attachment "A" (Legislative Findings) includes a list of specific text that should be added to the Comprehensive Plan as recommended by the County's impact fee legal consultant as per a review of the Florida Statutes. Attachment "B" includes the proposed text amendments to the Future Land Use. Transportation, Recreation & Open Space, Intergovernmental Coordination and Capital Improvements Elements. Text additions to the affected Elements are shown in a "bold and underline" format. Deletions are shown in a "strikethrough" format. RECOMMENDATION: At their August 11th meeting, the Planning & Zoning Commission recommended approval of these proposed Comprehensive Plan text amendments with submittal to the Board of County Commissioners. Staff recommends that the Board of County Commissioners approve the proposed amendments and transmit to the State Department of Community Affairs. ! Ap~(6~eJ Approved 4-0 Review and Approvals ~º County Attorney: ~ 0 Management and Budget: º Originating Dept: º Other: o Finance: Check for copy only, if applicable: ~ Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462- 1777 or TTO 772-462-1428. at least 48 hours (48) prior to the meeting. S:\BRILLHARTlAGENDAS\COMP. PLAN TEXT AMENDMENT10-18-05.DOC ------..,.----- '-' ....I Commission Review: October 18, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: October 12, 2005 SUBJECT: Application of Johnson Road Development Group, for Preliminary Planned Unit Development approval for the project to be known as Rocking Horse Ranch. LOCATION: Southwest corner of the intersection of Johnston Road and the Indian River County line. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: PUD (Planned Unit Development - Rocking Horse Ranch) CURRENT FUTURE LAND USE: RE (Residential Estate) PARCEL SIZE: 160 acres PROPOSED USE: 160 single-family residential lots PROPOSED DENSITY: 1 dwelling unit per acre SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) to the south, east, and west. SURROUNDING LAND USES: The general existing land uses surrounding the property are agricultural and residential. The Future land Use Classification of the surrounding area is RE (Residential Estate) to the south, east, and west. FIRE/EMS PROTECTION: Station #4 (4900 Ft. Pierce Boulevard), is located approximately 3.5 to the southeast. UTILITY SERVICE: The subject property will be serviced by well and septic systems. ~ .."" October 12, 2005 Page 2 Subject: Johnson Road Development Group, LLC. File No.: RZ-04-036/PUD-04-027 TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: The existing right-of-way width for Johnston Road is 100 feet. SCHEDULED IMPROVEMENTS: No improvements to Johnston Road were included in the County's or Florida Department of Transportation's (FOOT's) Five-Year Work Programs. TYPE Of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *********************************************************************** STANDARDS Of REVIEW AS SET fORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed preliminary Planned Unit Development is consistent with the 8t. Lucie County Land Development Code. There are a total of 160 single-family lots proposed in this development. If the subject property were to be developed at the maximum density allowable by the proposed Future Land Use Classification of RE (Residential Estate) - 1 dwelling unit per acre, 160 units might be possible. The site plan that is submitted as a part of this rezoning to PUD is consistent with the provisions of the Land Development Code. 2. Whether the proposed amendment is consistent with all eJements of the St. Lucie County Comprehensive Plan; The proposed Rocking Horse Ranch - PUD is consistent with the general purpose, goals. objectives. and standards of this Code, the 8t. Lucie County Comprehensive Plan, and the Code and Compiled Laws of 8t. Lucie County. Policy 1.1.1.1 of the 8t. Lucie County Comprehensive Plan establishes maximum residential densities of RE (Residential Estate) - 1 dwelling unit per acre. The proposed project is to be developed with a maximum residential density of 1 unit per acre; therefore, the proposed project is consistent with this policy. Policy 1.1.9.4 of the 8t. Lucie County Comprehensive Plan establishes regulations providing that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping, or as a part of minimum yard areas, as is practicable. The proposed project has 3.26 acres of native uplands, which will all be preserved on the proposed project '-' .J October 12, 2005 Page 3 Subject: Johnson Road Development Group. LLC. File No.: RZ-04-036/PUD-04-027 area. The remainder of the subject property has been utilized for a grove operation, which is now defunct. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a single-family residential development is not inconsistent with the proposed future land use classification of the subject property and surrounding properties. The St. Lucie County Comprehensive Plan designates the subject property with a Future Land Use Classification of RE (Residential Estate), which allows up to 1 dwelling unit per acre. The AG-1 Zoning District also allows 1 dwelling unit per acre. The proposed PUD has a gross density of 1 dwelling per acre. There are several developments located to the north of the proposed project in Indian River County that have higher densities than the proposed project. Arbor Trace is one of these developments. 4. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The site is located outside of the Urban Service Boundary of St. Lucie County. Water and sewer services will need to be provided through on-site well and septic systems. 5. 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, incJuding but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied to this rezoning, would not create additional demands on water/sewer facilities in this area since no facilities exist. The subject property is located outside of the Urban Service Boundary of St. Lucie County. Water and sewer service is to be provided by on-site well and septic systems for each lot. The public school system can be expected to be responsible for the education of an additional 54 students. At the writing of this report, staff has not received a response from the School Board in regard to this project. Drainage will be handled through a master drainage system which requires permits from the South Florida Water Management District (S.FW.M.D.), as well as, a St. Lucie County Stormwater permit. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any adverse environmental impact. The subject property has been operated as a grove for many years prior to the proposed development application and residential development should not have an adverse effect. '-' ..",,¡ October 12, 2005 Page 4 Subject: Johnson Road Development Group, LLC. File No.: RZ-04-036/PUD-04-027 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern may result with this change in zoning. The subject property is located to the south of several developments in Indian River County that have a higher density than the proposed project. Arbor Trace is one of these developments. 8. 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 the St. Lucie County Land Development Code. COMMENTS The applicant, Johnson Road Development Group, LLC., is proposing a residential development of 160 Single-Family Lots on 160 acres of land located at the southwest corner of the intersection of Johnston Road and the Indian River County line. The project is to be known as Rocking Horse Ranch - PUD. As a Planned Unit Development, the applicant proposes to develop the subject property with some flexibility. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. The proposed planned development maintains 56 acres of the project area in total common open space. Lakes and landscaping contain 41.42 acres, native upland habitat contains 4.65 acres, 3.96 acres of common open space tracts, and the recreational area contains 3.67 acres. The applicant is also dedicating an additional 40 feet of right-of-way along Johnston Road that totals 1.24 acres. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). On April 5, 2005, this Board held a public hearing on this item and continued it to the May 3, 2005, meeting in order to allow the developer to redesign the project to be in compliance with the North County Citizens' Master Plan. Staff met with the applicant after the April 5, 2005, meeting to discuss the project and a possible redesign of the project. The applicant has provided a revised site plan, which indicates some connections to the property to the west and provisions for a unified drainage retention system with the property located to the south. In conjunction with this application for Preliminary Planned Unit Development approval, the applicant has submitted and application for a Development Agreement for improvements to the Johnston Road and Indrio Road intersection. The first public hearing on this item was heard on September 27, 2005, and the second public hearing is also scheduled for October 18, 2005. At the February 17, 2005, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 5 to 2 (Ms. Hammer and Mr. Knapp) with two members (Mr. Akins and Mr. Trias) absent, recommended approval of the requested change in zoning. The dissenting votes on the recommendation were concerned with the installation of dry lines in the development in case water and sewer service are available to the project in the future. These members believe that costs of construction of these dry lines would be less now than to install '-' ...I October 12. 2005 Page 5 Subject: Johnson Road Development Group, LLC. File No.: RZ-04-036/PUD-04-027 them at a later time if water and sewer were to become available. The developer's representative indicated that they would be opposed to the installation of dry lines in the project since St. Lucie County has no plans to expand utilities to the area and the property is located outside of the Urban Services Boundary where these services are not provided. The subject property is located in the area of the proposed North County Master Plan. The Treasure Coast Regional Planning Council (TCRPC) has written a preliminary report for the master plan and has provided St. Lucie County with draft amendments to the St. Lucie County Comprehensive Plan to implement this plan, however, at the time of the writing of this report, no final plan has been adopted. While the proposed project is consistent with the Residential Estate Future Land Use Classification of the subject property and meets all current County requirements, it may not be compatible with the Master Plan for the entire area. Based solely upon the standards of review as set forth in Section 7.01.03, staff finds that the proposed project meets the current standards of review as set forth in the Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for preliminary planned unit development approval for the project to be known as Rocking Horse Ranch - PUD (Planned Unit Development), subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer shall provide a concrete sidewalk, having a minimum of six feet, along the western side of Johnston Road from the northern property limits to the southern property limits. 3. The developer, his successors or assigns, shall submit and have approved a Development Agreement to provide for the improvements necessary for the intersection of Johnston Road and Jndrio Road in order to operate this Intersection at an acceptable level of service. The developer shall be eligible for Impact Fee credits to the extent allowed by the St. Lucie County Land Development Code and St. Lucie County and enter into a cost recovery agreement, if necessary, for the developer to obtain reimbursements for expenses in excess of the fair share contributions for the intersection improvements. 4. Prior to the issuance of the first Building Permit for the proposed project, the developer, his successor or assigns, shall submit and be approved for a permit for the installation of dry hydrants for the proposed project. This permit shall be coordinated through the St. Lucie County Fire District. Staff recommends approval of Draft Resolution 05-027. '-' October 12, 2005 Page 6 ..",,; Subject: Johnson Road Development Group, LLC. File No.: RZ-04-036/PUD-04-027 Please contact this office if you have any questions on this matter. SUBMITTED: ::::=-~---_.__.'j.. -.-. -, -- ----........ --:::.::.-. .J ------.-.--, --1 ¿:::- , Faye Outlaw Assistant County Administrator Attachment hf cc: Jeff Barkett - Schulke, Bittle & Stoddard. LLC File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ....." RESOLUTION 05-027 FILE NO: RZ-04..Q36/PUD-04-o27 A RESOLUTION GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR THE PROJECT TO BE KNOWN AS ROCKING HORSE RANCH - PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Johnson Road Development GrouP. LLC, presented a petition for Preliminary Planned Unit Development approval for the project to be known as Rocking Horse Ranch for the construction of 160 single-family homes for 160 acres on located at the southwest corner of the intersection of Johnston Road and the Indian River County line. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On February 17, 2005, the 51. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of County Commissioners approve the Preliminary Unit Development approval for the project to be known as Rocking Horse Ranch - PUD for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On April 5, 2005, the 51. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Development Plan approval for the project to be known Rocking Horse Ranch - PUD. That meeting was continued to the May 3, 2005, meeting of the Board of County Commissioners. 5. On May 3, 2005, the public hearing on this item was continued to a date uncertain in order to allow time to work out the details for a Development Agreement for roadway improvements to the intersection of Johnston Road and Indrio Road. 6. On October 18, 2005, the public hearing on this item was continued. 7. The proposed project is consistent with the general purpose, goals, objectives, and standards of the 51. Lucie County Land Development Code, the 51. Lucie County Comprehensive Plan, and the Code of Ordinances of 51. Lucie County. 8. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions. parking, utility facilities, or other matters affecting the public health, safety, and general welfare. File No.: RZ-04-036/PUD-04-027 October 18, 2005 Resolution 05-027 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 '-'" ....; 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 8. The proposed project will be constructed, arranged. and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The proposed project will be served by adequate private facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the Preliminary Site Plan for the project to be known as Rocking Horse Ranch - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Schulke, Biddle & Stoddard, L.L.C., Inc., dated September 29, 2005. and date stamped received by the SI. Lucie County Growth Management Director on September 29, 2005, for the property described below, subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer shall provide a concrete sidewalk, having a minimum of six feet, along the western side of Johnston Road from the northern property limits to the southern property limits. 3. The developer, his successors or assigns, shall submit and have approved a Development Agreement to provide for the improvements necessary for the intersection of Johnston Road and 'ndrio Road in order to operate this intersection at an acceptable level of service. The developer shall be eligible for Impact Fee credits to the extent allowed by the St. Lucie County Land Development Code and St. Lucie County and enter into a cost recovery agreement, if necessary, for the developer to obtain reimbursements for expenses in excess of the fair share contributions for the intersection improvements. 4. Prior to the issuance of the first Building Permit for the proposed project, the developer, his successor or assigns, shall submit and be approved for a permit for the installation of dry hydrants for the proposed project. This permit shall be coordinated through the St. Lucie County Fire District. B. The property on which this Preliminary Planned Unit Development approval is being granted is described as follows: THE NORTHEAST V. OF SECTION FOUR TOWNSHIP THIRTY-FOUR SOUTH, RANGE THIRTY-NINE EAST, LESS THE EAST THIRTY FEET OF THE NORTHEAST V. OF THE NORTHEAST V. AND LESS THE WEST SIXTEEN FEET AND ALSO, LESS THE EAST SEVENTY FEET OF THE SOUTHEAST V. OF THE NORTHEAST V.; SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA. File No.: RZ-04-036/PUD-04-027 October 18, 2005 Resolution 05-027 Page 2 '-" ...., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AS RECORDED IN OFFICIAL RECORDS BOOK 1827, PAGE 2179, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS. (Tax ID#: 1304-111-0002-0001) (Location: Southwest corner of the intersection of Johnston Road and the Indian River County line) C. This Preliminary Planned Unit Development approval shall expire on October 18, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), S1. Lucie County Land Development Code or final planned unit development approval has been granted. D. A copy of this resolution shall be attached to the site plan drawings described in Section A. which plan shall be placed on file with the S1. Lucie Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner Joseph E. Smith xxx Commissioner Chris Craft xxx PASSED AND DULY ADOPTED this 18th Day of October 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:IWORDlPetitionsIBCCIFI N ISHED. 05lRockingHorseRanchPrePD.PDlRockingHorseRanch PrePD-RES3 .doc File No.: RZ-04-036/PUD-04-027 October 18. 2005 Resolution 05-027 Page 3 '-" ....,.¡ 1 2 3 4 EXHIBIT "A" 5 6 7 . General Location Map 8 . Area Subject to Preliminary Planned 9 Unit Development Approval 10 . Site Plan Graphics 11 12 13 14 15 16 17 18 File No.: RZ-04-03B/PUD-04-027 October 18. 2005 Resolution 05-027 Page 4 ..... c: W E c. o wü""'" >....JC\I W ....J 0 o I -~ "0 C. 0 ct]::JO o e o:::(!):J c: a.. o (j) c: .c o -, \..; ...., z.~ ~ N § :> i .> (:i . ~ ~!:!2 ~C) ',{ ~. Q{, þ c: " o U Q; > is:: c: .. ii E ""10 ....,~" õ ~ Þ1i_'",U"'tj 1 ¡ ItYI::;'.P." . ~ ~ ~". ....O tl-~ ; ! ffi ,,¡uno:) aaqo~aaa~o It') a a N r-: N ~ co :J c: eo -, -c ~ eo 0. ~ 0. 0. eo :2 ,., 1: " o U c: 'E .. :::; J , A petition of Johns~' RoaL. Jevelopment Group, LLC,hJ( Pre~inary Planned Unit Development Approval for the project to be known as Rocking Horse Ranch. r\<\~ ~~ ':j( <:Õ>.f. <9& <\ i)' PUD 04-027 Indrio Rd 'd- ~~ <9 "'oj' - \ ~\ <?. %\ '1õ '8- Indian River County ~ ~ ~-. "C !r c: o ¡¡; c: .s:: o ,.., l L~ !r "E CD OJ Q) :¡:; ª ~ U r-... Legend ~ Subject parcel I II~m~ Ilrz~ Belleair Ave m ¡ IIII ¡JIll I , ',111'1111111/ L1coqu~ ¡? :IWffi ¡¡¡'1ffiE Ffffiff-7 rff9i Di Deland Ave I I.. Russos Rd I 1/ I ñ='T1 I U r--I ~ c: o f!! Q) tÉ I , II "t) !r '" :>: CD '" '" :0 !r II /I I 1 - r ~L §'c ~'0U' &"'''5:''''.~ GIS .""-_._ N A Map prepared January 27,2005 Johnshtí Road Development Grou~ LLC Zoning Indian River County ~ ]Fl~~~~4 ~ RS'S?I AG-1 -AG-1- AG-1- I RS'4 ~~ '~ I~I ~%¿ RS~4 "0 BI rr: AG-1 " .9 '" I " J:: 0 -, -AG-1- f-AG:1 r AG-1 1= - . Russos Rd ~ AG-1 AG-1 Q) IT > ~ AG-1 AG-1 " T-n I I 0 '" I I I I Q; E L w "0 c:: "0 '" c:: :;;; - '--- 'E .. '" .. '" U Q :::I Q) c::-AG-1---' :c ª AG-1 AG-1 AG-1 ~8;..1~ AG-,1 _~UD_ ~~ L- ~~ \ AG-1 "'+. AG-1 &<1' I L '\Q' :-J CG ~ .C~ CG I Indrio Rd I -< ' U ~'- '?¿ &,., <1'", RS-2 "'1> <9ó' " ~ ~ AG-1 AG-1 AG-1 ~ I AG-1 (O~\ 1 Legend .9:-_;(~,ç-u; £'nUrt-~)-~ N PU 0 04-027 A GIS ',,"-~"_c~. ~ Subject parcel Map prepared January 27,2005 Johnsðf1 Road Development Grou~ LLC Land Use Indian River County RE 0; ~ ~E - RE RE " cr: .c: o 7;; c: ~ o ,.., (Wi_ BiiffJ ßF71 ~. ~ RE I--RE I RU ~ _c RussðsRd L I I 'FT1 I ~~ ~ c: o " '" ~ E w RE -RE RE I I I , I Ll cr: " ro RE-g>-RE :0 ~ " cr: '" :;;; '" ~ RU Ii¡--RE IT/U RE '" RE L MXD ,MXD ""<0 ~XD Indrio Rd ~~~_ {I U MXD ~ M(D \~ RE ~$\ MXD I MXD -f í COM .tiIST ~OM- "- COM . RE RE RS RE RE ¡ N A PUD 04-027 Legend ~ Subject parcel é'_J . ". ~ .x, 1"ff?--¡''(;- [,-'OirU1-tpt. --,)... GIS """ _ ;c_" Map prepared January 27,2005 "-' ....", Johnson Road Development Group, LLC PUD 04-027 Legend ~ Subject parcel :;;;;--~_r+ ~~~'\~ GIS. ''"'"~_''' Map prepared January 27,2005 N A '-' ..J CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residenlialland development of superior quality through the encouragement of flexibility and creativity in design options that: A permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land. which can result in smaller networks of utilities and streets and thereby lower developmenl costs; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. 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. 7.01.02 AUTHORIZED USES A PERMITTED USES Any pennitted. conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.S (AG-2.S); Agricultural-S (AG-S); ResidentiaVConservation in the Agricultural-1 (AG-1); Agricullural-2.5 (AG-2.S); Agricuttural-S (AG-S): Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (R~); Residential, Multiple-Family-5 (RM-S); Residential. Mobile Home- 5 (RMH-5); Residential, MuJüple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential. Multiple-F amily-11 (RM- 11); and Residential, Mulliple-Family-1S (RM-15) zoning districts of this Code may be pennitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(8). AdapIeà Aupusl1, 11190 375 Reviled Thruugh D8I01JDO ~ ...,,¡ Section 7.01.00 Plilnn~a Un,¡ DeveJcpm~"1 B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighbomood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (1D) acres. whichever is less. In addition, playgrounds, pUblic and non-public parks, golf courses. country clubs, bicycle paths, racquet sports facilities, riding slables, marinas, clubhouses. and lOdges may be permitted in a Planned Unit Development Dislrict. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership Dr control. B. DENSITY The maximum possible permined density of a Planned Unit Development shall not exceed the density renected in the Future Land Use Maps of the Comprehensive Plan. On NOr1h and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C. AREA, YARD, AND HEIGHT REOUIREMENTS Area, yard, and heighl requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of See lion 4.01.00. Hutchinson Island - Building Heig~ Over1ay Zone shall apply. C. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located SD there will be no net public cost for the provision Df water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended fDr use. in fire protection activities 15 six (6·) inches. Actual water main requirements will be detennined by the SI. Lucie County- FI. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used. or intended for use, in fire protection activities. that ere loceted on . dead~nd water main is eight (S·) inches. Actual water maIn requirements will be detennined by the SI. Lucie County-FL Pierce Fire Prevention Bureau. AdDpIld August 1. 1110 371 ReYiHd Thraugh DMJ11DO ~ """ Se:::tlon 7 .O~OO Plannea Un,l Devflo:>men: The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the 5t. Lucie County-Ft. Pierce FIre Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION ,. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road. a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic now with controlled tuming movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage theIr use by through traffic. 3. The proposed Planned Unit Developmenl shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the prOJect, or such surrounding collector or arterial roads shall be improved so thaI they will not be adversely affected. 4. All non-residential land uses within the Planned Unil Development shall have direct access 10 a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or relained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances. however, variations to the standard minimum righl-of- way widths may be considered as part of the Planned Unit Developmenl if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intenl 01 the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate iSD angle of ninety degrees (90D) unless circumstances acceptable to 51. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs Dr centerline offsets between any local street or road with another local street or road. shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Ar1erial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to center1ine. 9. Permanent dead-end streets shall not exceed one thousand feel (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads Dr streets greater than five ~Augult 1.1e90 rn ReYiHd ThRXIgh 08101100 '-" ..., SeClion 7.01 00 Þ anneo Unl: De.,elDprnent hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the Slreel from the its point of perpendicular inlersectlon with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs sl"lall have a minimum ri9hl-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length. a "Y' or"" type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island. surrounded by a curb. improved wilh grass and landscaping that will not interfere with sight distance. may be provided. Center islands shall have a diameter of not less than seventeen (17) feet. unless otherwise approved through the review of the Planned Unit Development. , O. All roadways. exclusive of interior parking and access aisles areas. regardless of ownership. shall be located a minimum of ten (10) feet from any exterior building walls. except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall inetude. when deemed to be necessary by the Board of County Commissioners. pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector Dr arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING , . General Provisions a. The number, type. end location of parking spaces shall be detennined at the time of final Planned Unit Developmenl plan approval. The determination of the number of spaces required shell be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial compelenl evidence that the reduced number of spaces is adequate for the proposed use or lhal partdng may be shared by proximate uses that operate at different times or on different days. - b. Reserved parking spaces mey be provided, in lieu of paved spaces, sUbject 10 Section 7.D6.02(C) of this Code. .- .KJ""11. 1190 3Ta Reviled Through OMnlDO '-' '..J Sectoo~ 7.01.00 Plannec Un,: De"elopmerlt 2. Off Streel Parking and loading Off-street parking and loading requirements are govemed by Sections 7.06.02 and 7.06.03 of thIs Code, and the following standards: a. Off-streel parking and loading areas shall be designed to provide Iravelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges. dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not c13ntravene any other provision of this Code or the 51. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design slandards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(parallel) handicapped(angled) 8 feet X 23 feel 10 feet X 18 feel 12 feet X 23 fee! 12 feel X 18 feet b'. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row withoul being interrupted by a minimum landscape area of 360 square feel. G. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevenl direct glare Dr hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAl.. FEATURES 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. AdDpIIII August 1. 1S19O 371 Revised Through 08101100 \w """ Section 701 00 PlilnneO Unl: Dl!veIO;)lnen: 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I.. OPEN SPACE STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development musl be for use as common open space, which may include. parks. recreation areas, bicycle and pedestrian paths and facililies. marinas, swimming beaches. common open space, almmon landscaping and planting areas. or other areas of public pUrpDSe!t or use other than street, road or drainage rights-of-way. above ground utilities, excluding stormwater Ireatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property. must be preserved in its natural alndition as part of the required 35 percent common open space. For each acre of preserved nalive habitat above the required minimum 15 percent that is preserved in its original state. credit shall be given at a rate of 150 percent per acre towards the remaining almmon open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Developmenl Plan for the Planned Unit Development. Areas that are floodways, lakes. wetlands, and stormwaler retention areas may be applied 10 sallsfy the total common open space requirement. subject to the requirement that 15% of any existing native habilat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process. the developer or petitioner for the Planned Unit Development shall provide for one of the following: . a. The advance dedication of all common open space to a public, or acceptable private. . agency that will, upon acceptance. agree to maintain the common open space and any buildings. structures or improvements that have been placed on il. All such dedicalions or alnveyances shall be completed prior to the issuance of any building permits, including land dearing, for any portion of the Planned Unit Development ;or. b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specifIC condition of approval for the Planned Unil Development. 2. No parcel of land identified for use as a park or common open space shall be less than Dne (1) contiguous acre, and all suCh .reas shall be physically part of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental pre~ervation or protection requiremente of this code or other tawful regulatory authority may be counted towards the overall common open space requirement, provided that the commDn open space meets the ~AugulI 1. 1110 310 Revised Th/'oUC h 0II01JDO '~ ....I Section 70 ~ .Dc) Plélnne~ Unit De\lelopmrn~ requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map 01 the 51. Lucie County Comprehensive Plan. shall provide setbacks from the agricultural land sufficient to protect the funcllon and operation of those . uses from the encroachment of Urban activities or uses. K: PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. . 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse betWeen the completion of any stage or phase, and the 'Inal stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Exlensions of the above requirements are subject 10 approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Sile Plan review process. the following sequence of development must be adhered to: a, One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of buildIng or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances thaI include the size of !he project and the proposed phasing schedule, of the lolal number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posled prior to issuance of building or mobile home permits or the recording of any 'Inal plat within that phase. b. No commercial facility shall be permitted prior to the completiòn of at least forty (40) percent of the total number of authorized dwelling units; and, C. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. ~ ,I.Uh9D11. 1990 311 Revised Through DalD11DO '-' "'" AGENDA ITEM 7: JOHNSON ROAD DEVELOPMENT GROUP, LLC - PUD-04-027 Mr. Flores stated that this is the application of Johnson Road Development Group for a change in Zoning from the AG-I (Agricultural 1 du/acre) to a Planned Unit Development (PUD) Rocking Horse Ranch Zoning District for 160 acres of property which is located at the southwest comer of the intersection of Johnston Road and the Indian River County Line. The applicant is proposing a residential development of 160 single-family lots on 160 acres of land. The project is to be known as Rocking Horse Ranch. It does maintain 56 acres of the project area total common space. The applicant is also dedicating an additional 40 feet of right-of-way along Johnston Road. Staff has determined that the proposed Zoning District designation and Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition does meet the standards of review as set forth in the Land Development Code is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Staff is aware of concerns relative to a development in the North County area; on Friday February 18, 2005 the Treasure Coast Regional Planning Council is scheduled to present its findings subsequent to the North County Charrette for the North County area at the Lakewood Park Elementary School. Based solely upon the standards of review as set forth in Section I 1.06.03 staff finds that the Planning and Zoning Commission can forward a recommendation of approval to the Board of County Commissioners. Chair Grande asked staff if they had discussed the North County Charrette, its existence and the pending meeting Friday with the applicant at the time that this hearing was scheduled for tonight. Mr. Kelly responded that they had discussed it with nearly everyone in the area. The other issue was that they have said all along that those who expected an increase in density over existing entitlements would need to deal with the results of the Charrette. Those who come in within their existing entitlements, with no increase in density, there was no moratorium, that was a conscious decision and the board indicated that they would be able to go ahead with densities that were consistent with what was already on the ground. This applicant had chosen that path, and there were issues related to the North County Charrette. Vice-Chair Hearn asked staff what the concerns would be with this project for the North County Charrette plans. Mr. Kelly responded that the North County Charrette's most critical area was 1-95 over to Emerson, north and south of Indrio. The Charrette indicated one or more villages in the area with open land around the village, and the village density populated yet to be written transfer of development rights program. Those who came in and wished to develop at the existing density would be allowed to do so. His comment about it may not be as critical because the property in question was up on the county-line and one of the issues of the Charrette was that they would place a new greenway drainage system through the middle and if there was a project such as this out in the middle somewhere where it looked like it really might conflict with that future plan, he'd be much more concerned than up in a comer like this where it wasn't likely to conflict. Vice-Chair Hearn asked what was the relation ofIndrio Groves to this development. P & Z Meeting February 17,2005 Page 16 "" ...¡ Mr. KelJy responded that it was nearby. Mr. McCurdy asked if at this zoning density would the Johnson Road Development Corporation be able to develop at one unit per acre without coming in for a PUD. Mr. KelJy responded that they probably wouldn't get the whole 160 units, but something close. Ms. Hammer added that she would prefer to have lot sizes of one acre rather than 21,000 square feet, because at least there would be an acre to spread out for the digging of the well and placement of the septic tank. She did not know if they could put a well and septic on a one-half acre lot. Mr. Kelly responded that the Health Department allowed it as the minimum requirement. Ms. Hammer said she was not seeing a benefit in this case of going to a PUD where they would definitely get 160 units as opposed to just keeping the AG-l where they would get 125 units or 120, 118 units. She wanted staff to convince her that the way she was looking at this was wrong. Mr. Kelly said he thought they got better stann water management, landscaping, and open space. He didn't wish to become the advocate for the project, but in a general discussion they had the downside on the septic side to the level that the Health Department allowed, on the upside they had improvements in other areas. Jeff Brackett and Dave Fisher with Schulke, Bittle & Stoddard the engineers for the project represented the petitioner. Mr. Brackett confinned that they had met with staff earlier and they were aware of the North County Charrette. He wasn't aware that they were having a meeting tomorrow night. They tried to fashion the project in compliance with that in every step of the way with staff. The regulation from the Department of Health for minimum separation from a well and a septic was either 75 or 100 feet. They had met with County staff in order to provide the site with public water and sewer, but it was not feasible. There was no way to get it there. Mr. Lounds asked when the unit was built out, who would maintain the stonn water areas considering they'd have water in them. Mr. Brackett responded the homeowner's association would; South Florida Water Management District required that covenants be drafted and they're approved in accordance with their rules. Mr. Lounds asked if it was at all possible being as close as they were to the Urban Service Area and the development that's going to go into this whole area with sewer and potable water in the future, was there a way that when they developed the property that it could be adapted to potable water. He was more interested in providing potable water, public potable water to alJ the residents in the county rather than sewer. Mr. Brackett said that he understood and there was plenty of room in the right-of-way to put it in, so it was 100% possible to do that. P & Z Meeting February 17, 2005 Page 17 "" ...." Mr. Lounds asked if it was not prudent for them to ask that that be a consideration for future use of potable water in developments that would be going in from this day on. He was not asking that this petitioner provide it, because it's not to them yet. But in their development, when they layout the lots and roads that their engineers do it with consideration that in the future there will be potable water into this development. He asked staff if that was that something they could ask for. Mr. Kelly responded that he thought they could ask that the dry-lines be placed in the ground. It's an additional expense at this moment, but it saved tearing the whole project up later to put the lines in. Mr. Lounds stated that he would ask that the dry-lines be placed in and not hooked to the houses, but for future potable water in areas, especially in the Charrette area that's going to be a new step for St. Lucie County that this group considered asking that that be a part of it for future use. Mr. Brackett agreed and stated that the applicant would not have a problem with that, only if they could get some sort of general timeline or guarantee that they would have potable water one day, not 20 years from now. Chair Grande stated that there was no valid assumption that there would ever be potable water in this area. With the Charrette plan being done, there was less chance there'd ever be potable water there than there was before the Charrette; because if the Charrette came out saying that this particular area would not be one of the higher or denser areas, he couldn't imagine the County would ever consider running a water line to the area. Mr. Lounds responded that if they put the dry-lines in they step across the county-line and get water from Indian River County. Somebody needed to open up some utilities and supply water to these people. Vice Chair Hearn said that along those lines he was not sure that he agreed with Mr. Lounds because of the development that's going to take place nearby Indrio Groves and he thought there would be lines very close and if he were the developer he would put in the dry-lines now, because it's either now or pay two or three times that amount later, one or the other. He asked who the owner of the property and developer was. Mr. Brackett responded that the owner was Mark Brackett. Chair Grande asked legal counsel since this was a PUD application, the PUD currently did not have dry-lines in the site plan that's attached to it, was there some mechanism for them passing a PUD with that kind of condition. Ms. Young said there was, and particularly if the developer was indicating a willingness to do it, then it could be modified even before it went to the Board. Chair Grande asked the petitioner if in order for them to get this PUD approval recommended at this point, they were willing to commit to putting the lines in. P & Z Meeting February 17, 2005 Page 18 ~ ..."" Mr. Brackett responded they were amenable to putting in the dry-lines. He would ask if they could somehow have a reasonable time line assurance from the County that public water would be available there, he didn't want them sitting there forever. Mr. Lounds stated that given the opportunity to make that motion, it would involve asking the County to require a date to the petitioner when they appear before them that they would provide a wet-line to the development, if they put the dry-lines in. He thought that was a compromise that the County needed to reach out and to tap. If they didn't realize the goodness of providing potable water, then there were some real problems. Mr. McCurdy asked what would be the price point for the lots, would it be a deed restricted subdivision, and wouJd it be a gated community. Mr. Brackett responded that he didn't know the price, as he was just the engineers for the project, it would be deed restricted and also a gated community. Ms. Hammer stated that if the motion had the time certain forcing the County Commissioners to commit to a date for the water to go out there, then she would withdraw her support, because there were a lot of differences of opinion about the Urban Service Boundary and she didn't think it was fair to put that date on them. She felt that the cost was minimal to put in the pipe while the ground was already open, that it was worth it to the developer to be able to put this many houses in, to put that line in, and thought they should do it willingly. Chair Grande agreed with Ms. Hammer. Mr. McCurdy disagreed, he felt that the entire North County Charrette should address this item forthwith and not in the long term. Growth was here, it would continue. It was going to get faster. They need to know how we're going to service it. It would be unfair to expect the developer to put in the pipe, it would be cheaper to do it now than later, but it was not a minimal cost. If it was going to be a 10 or 15 year window, a lot of stuff could happen to those pipes. Mr. Kelly stated that the North County Charrette or the original strategy started with do not move the Urban Service Boundary. It would allow for the development, the villages and towns. Used the transfer of development rights and created policy by which urban services could be provided to those people who played by the yet to be written rules. That meant that the public utilities could bring utilities to the towns and villages in an efficient manner. There was no intent to bring utilities to the countryside that was to be saved. Given the location of this parcel up in the comer and for the very reasons that he spoke to earlier that said it looked like a location that probably didn't conflict with anything going on in the Charrette, that same location criteria that I spoke of may lead to the fact that it's in the countryside and it won't have water and sewer anytime in the near future, unless there was an agreement with Indian River County immediately to the north. He understood everybody's concern that if they required the dry-lines to go in, there ought to be some expectation that the water would really get there. He was not sure that they're going to have that knowledge for quite some time. P & Z Meeting February 17, 2005 Page 19 'w' ...., Mr. Lounds said that his statement regarding making a motion or wording a motion that would help this development and the County possibly come to tenus with putting water up there at some date, he didn't mean to imply that they would say well in 18 months you're going to have water. They were an advisory board to the County and he felt that if they sent a message to them that we feel like that it would be to the advantage of quality of life to have water at that development and the other developments along Johnston Road, he didn't have a problem with that, inside or outside the service area. There were developments going in west of Kings Highway that needed water and would be able to service water that was outside the Urban Service Area and the lines were there. He understood the reluctance to ask the County for a specific date, but he thought it was well within realm to suggest to the County a reasonable time to have water there, if these people were willing to put in dry-lines to obtain that. Chairman Grande opened the public portion of the hearing. Seeing no one else, Chairman Grande closed the public portion of the hearing. Chair Grande felt that this application was coming fOIWard and they were being asked to make a recommendation to the County Commission, he would be very hesitant to vote in favor of a motion that had something attached to it that included a recommendation to the County Commission about moving the Urban Service Boundary or providing services outside the Urban Service Boundary. He would hate to, if this application was going to be approved on merit, see it not approved because they had tacked on something that was not realistic at this point. Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the S1. Lucie County Board of County Commissioners grant approval to the application of the Johnson Road Development Group, LLC for a change in the zoning from the AG-l (Agricultural, 1 du/acre) Zoning District to the PUD (Planned Unit Development - Rocking Horse Ranch) Zoning District because I think it's a very upscale project and will be a very good blend in that neighborhood. Chair Grande asked Mr. Heam if he would consider as part of that motion a recommendation, but not a requirement that the water lines internal to the plan be put in at the time of construction. Vice-Chair Heam responded that unless somebody convinced him differently, he would rather approve this on its own merit and then they could talk about that at the second motion. Motion seconded by Mr. McCurdy. Ms. Hammer said that after Mr. Kelly's comments that there was never any intention to run the lines up out there, she would withdraw her support for the dry-lines. If there was never ever an intention to have the water, then why make them put it in; and if that's the case, then she would go back to her original premise that it's one-half acre lots and she guessed the Health Department allowed that, but she felt they had to look into the future and plan for the future and felt they'd be better off staying with the AG-I zoning and make the lots be an acre in size. She felt that would P & Z Meeting February 17, 2005 Page 20 '-" ...,J be safer with a well and septic tank for the future. Mr. Lounds stated that they had given the idea that they were going to have further discussion and recommendations before the County and asked him to vote on this, he felt very strongly about the feasibility of supplying potable water to any of these areas out there. Before he voted on this he wanted to hear what the rest of the discussion would possibly be. Chair Grande said that Mr. Hearn suggested that they treated this application as standing on its own feet or not. He believed Mr. Hearn was going to ask that immediately following this item or more than likely the next item on the agenda which was the last one, they then discuss amongst themselves whether or not they would want to move a motion that would recommend something to the County Commission regarding potable water in this region. Mr. Knapp stated that even though this was outside the Urban Service Boundary it appeared to be still very close within the populated community and they're talking about another development not far trom there. He'd be more apt to vote for the project if they're going to put the dry waterlines in so that it's there. It's just too close and being ways to 1-95 that he just didn't think that the County was going to or the city was not going to be able to service it with water anytime in the near future. Upon a roll call vote the motion passed (with a vote of 5-2) with Ms. Hammer and Mr. Knapp voting against and Mr. Akins and Mr. Trias absent. P & Z Meeting February 17,2005 Page 21 '-'" It)IJ')Nt,()c;o...NO>LnI.OO èõ{õ~~~~~~tõu;~ ~"7LQ";"~t'I(lJ{l"7"7"'79 ......_~-~............~MMOr... 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'" ~ 0::::; w< iX 0 WW O:!: "- 0 0 00 0 0 00 00 8 8 §§ § 8 88 §§ 0 0 0 00 0 0 00 0 0 00 ê§ g 0 8¡¡¡ 0 8 8~ 0 § 0 0 o~ 0 o~ ~ ~ 00 0 00 00 0 ..,N .., ... 8¡:j "1- ., 0 00 0 0 00 ... 0 0 00 0 0 §§ 00 E 8 g ~~ ~ ~ 88 " ;:¡ '" '" ::¡;:¡ z '" "'''' '" '" "',., ãi ~ ¡¡¡ ~~ '" ¡¡¡ ~~ ~~ !! '" ,., ,., ,., ,., '" '" "',., '" '" .. ,., ,., ,.,'" '" '" "'''' "'''' a.. if: ,.."" '" -- .. .. - '-' ...",/ COUNTY ADMINISTRATION STRATEGY & SPECIAL PROJECTS MEMORANDUM TO: Board of County Commissioners FROM: Michael Brillhart, Strategy & Special Projects Director DATE: October 13, 2005 RE: Proposed Comprehensive Plan Text Amendments The proposed text amendments (Attachment B) are being considered and requested as part of a review of the adopted comprehensive plan by the County's impact fee consultant. As per a review of the Florida Statutes Chapter 163 relating to local government comprehensive plans, the impact fee legal consultant has recommended specific text changes to the future land use, transportation, recreation/open space, intergovernmental coordination and capital improvement elements. The purpose of these amendments is to provide a more accurate representation of the County's construction, maintenance and operations responsibilities for County systems on a "countywide" basis. Current text within these various comprehensive plan elements inaccurately states that these responsibilities pertain to the "unincorporated" areas of St. Lucie County. A summary of the statutory findings are drafted by the consultant in Attachment A. The recommendation is to revise comprehensive plan text within these specific elements (attachment B) by removing the word "unincorporated" and inserting the word "countywide". Cc: Doug Anderson, County Administrator Ray Wanzy, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney David Kelly, Planning Manager ~ ....., NOTICE OF PROPOSED CHANGES TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN Petition No. CPT A-05-001 The St. Lucie County Board of County Commissioners will consider proposed amendments to the text of the Future Land Use, Transportation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvements Elements of the St. Lucie County Comprehensive Plan. A public hearing on the proposed amendments will be held before the Board of County Commissioners on October 18, 2005, in the County Commission Chambers, 3rd Floor of the St. Lucie County Administrative Annex, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing will begin at 6:00 pm or as soon thereafter as possible. Interested parties may appear at the Board of County Commissioners meeting and be heard with respect to the proposed plan amendments. The purpose of the public hearing is to consider the proposed text amendments to the St. Lucie County Comprehensive Plan as summarized below: 1. Amend the Future Land Use Element as follows: A. Amend "Municipal Land Use Conflicts" to address the County's responsibilities for the County Road System, the Park System, circuit and county courts, corrections and detentions facilities, and the impact of new construction in the incorporated and unincorporated areas of the County upon such needs. B. Amend "Analysis" by amending the "Population" section to address the County's responsibilities for the County Road System, the Park System, circuit and county courts, corrections and detentions facilities, and the impact of new construction in the incorporated and unincorporated areas of the County upon such needs. 2. Amend Transportation Element as follows: A. Amend "Existing Roadway Conditions" to address the County's responsibility and control over the County Road System, including the responsibility for increasing the County Road System capacity as provided in Sections 125.01(m) and 336.02, Florida Statutes, and the impact of new construction in the incorporated and unincorporated areas on the County Road System. B. Amend "Recommended Improvements" to address the County's responsibility and control over the County Road System, including the responsibility for increasing the County Road System capacity as provided in Sections 125.01(m) and 336.02, Florida Statutes, and the impact of new construction in the incorporated and unincorporated areas on the County Road System. 3. Amend the Recreation and Open Space Element as follows: A. Amend "Introduction" to provide that placement of a fair share burden of the cost of providing capital improvements and additions to the Park System within the municipal areas constitutes a County purpose, and to address the impact of new -- '-' ..., residential construction in the incorporated and unincorporated areas ofthe County upon the need for future improvements and expansion to the Park System.. B. Amend Policy 9.1.1.1 to delete limitation to the unincorporated area and countywide residents. 4. Amend Intergovernmental Coordination Element as follows: A. Amend "Introduction" to address the County's responsibility and control over facilities which serve residents countywide including the County Road System, the County Park System, courtrooms, facilities and equipment for Circuit and County Courts, and corrections and detention facilities for the operation of the County Jail Facility. 5. Amend Capital Improvements Element as follows: A. Amend "Corrections" to address the County's responsibility to provide corrections and detentions facilities for the operation of the County jail facility which benefits all residents of the County, the impact of new construction within the incorporated and unincorporated areas of the County on the need for future improvements and additions to the County jail facility, and the benefit of such facility to all County residents. B. Amend "Government Buildings" to address the County's responsibility to provide all courtrooms, facilities and equipment for the operation of the circuit and county courts, the impact of new construction within the incorporated and unincorporated areas of the County on the need for future improvements and additions to the circuit and county courts, and the benefit of such improvements and additions to all County residents. C. Amend "Parks and Recreation" to address the County's responsibility to provide a Park System for all citizens ofthe County including incorporated and unincorporated areas, the placement of a fair share burden of the cost of providing capital improvements and additions to the Park System within the municipal areas constitutes a County purpose, the impact of new residential construction in the incorporated and unincorporated areas of the County upon the need for future improvements and expansion to the Park System, and the benefit of such improvements and additions to all County residents. D. Amend "Major Revenue Sources" by amending the "Impact Fees" section to provide for the generalized estimate of all impact fees to be countywide. E. Amend Policy 11.1.1.2 to specify that the level of service standards for public shall be Countywide. Files containing the proposed amendments are available for public review at the offices of the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 and the St. Lucie County Clerk/Finance Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 during regular business hours of the Board of County Commissioners. Questions may be directed to the Growth Management Department at 772-462-2822 or TDD (772) 462-1428. All proceedings before the Board of County Commissioners are electronically recorded. If a person .....----....--- '-' ...., decides to appeal any decision made with respect to any matter considered at the hearing, that person will need a record of the proceedings and that for such purpose, persons 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. At the request of any party to the proceedings, individuals testifying during the hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during the hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1441 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ FRANNIE HUTCHINSON, CHAIR PUBLISH DATE: October 7,2005 3 pt. type for heading o smaller than 2 column inches wide by 10 inches long end Proof to: St. Lucie County Attorney's Office 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone: (772) 462-1441 Fax: (772) 462-1440 end Bill to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone: (772) 462-1585 Fax: (772) 462-1581 '-" ..."" ATTACHMENT "A" Legislative Findings: A. The County is charged with the responsibility and control over all arterial, collector and other roads, bridges, tunnels and related facilities within the County Road System, in both unincorporated and incorporated areas, and thus is charged within increasing the capacity of these facilities as provided in Sections 125.01(m) and 336.02, Florida Statutes. B. All new construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and additions to the County Road System. Accordingly, the provision by the County of roadway capacity benefits all residents of the County, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. C. The Regional Park System of the County is designed and intended to provide recreational facilities and open space for all citizens of the County, in both unincorporated and incorporated areas. Therefore, placing a fair share of the burden of the cost of providing capital improvements and additions to the Regional Park System within municipal areas constitutes a county purpose. D. All new residential construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and expansions to the County Regional Park System. Accordingly, the provision by the County of expansions and additions to the Regional Park System benefits all residents of the County, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. E. As provided in Section 29.008 and 43.28, Florida Statutes, the County is charged with the responsibility to provide all courtrooms, facilities and equipment for the operation of the circuit and county courts, which serve all residents of the County, in both unincorporated and incorporated areas. All new construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and additions to the circuit and county courts. Accordingly, the provision by the County of improvements and additions to the circuit and county courts benefits all residents of the County, including residents of municipalities, and is in the best interest of the public's health, safety, and welfare. F. Pursuant to Section 30.49, Florida Statutes, the County is responsible for the provision of all corrections and detention facilities and equipment for the operation of the county jail facility, which serves all residents of the County, in both unincorporated and incorporated areas. All new construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and additions to the county jail. 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'" :E I- ¿. ,ii ttI 0) ~ ëií :I " .5 c o 'ü 2 iñ c 8 :o!_ ~ c~ ð 0) c en ~~"C .2 ~ § ü,,::: ~co o"'cv o cv 0 Q) - '- t1) S:::::J _enO ücv~ ttI..c: c a.:: .! .5 0 ~ mE'8 'õ0tO O)gg' m /D'G) Ecv.£:l =..s:::::_ en-O 0) cv c " ~.~ ~~õ ~.!~ 0) cv :I m:ãr! OI~ 0) ttI._ .£:I .!!! a¡ 15 .!! êi ~ '=5'0 ~ N o o N <Ii .r:. e .. ::¡¡ ';'<5 1:0 Q)N ~~ > .. o " ... c: e... .§""' g"i ·~·š u~ 0) <')I ~ ~ c: .. ã: ?;oQ) c > " .- 0'" uæ .~~ "e. ...IE ...; 0 (f)U ~ NOTICE OF PROPOSED CHANGES TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN 'WI T~~~t; i~~~eCt~~r¿f ~~~~~~:irin~ü~~ T;'~~;g:~~~~~O~~O:~~d Open Space, Intergovernmental Coordination and Capital Improvements Ele- ments of the St. Looe County Comprehensive Plan. A public hearing on the proposed amendments will be held before the Local R.anning Agency on August 11. 2005. in the County Commission Chambers, 3rd Floor of the Sl Lucie County Administrative Annex. 2300 Virginia AVe- nue, Fort Pierce. Florida. The høaring will begin 816:00 pm or as 900n there- after as possible. Interested parties may appear at the Local Planning Agen- ~ meenng and be heard with rnspect to the proposed plan amendments. The purpose of the public hearing is to consider the proposed am~ndments summarized below. Text Amendment Petition Applicant St. Lucie County Petition Number. CPTA-OIS"( 01 Requ8St Ttilxl Amendments to the S1. Lucie County Comprehensive Plan 1.Amend the Future Lard Use Element es follows: A. Amend "MunicjpalLand Use Conflicts" to address the County's retìponsi- bilities for 1116 County Road System, the Regional Park Sve'em, circuit and county courts, corrections and detentions facilities. and the impact of new construction in the incorporated and unincorporated ar..s of the County upon such needs. B. Amend "Analvsis· ,by amending the "Population" section to a~dreas the County's responsibilities for the County _Rood Systøm, the Raglo,:!al Park System, circuit and cIJunty IJOUrts, corrections and detentions raclhties. and the impact of new cIJnstruction in the incorporated and unincorporated areas of the County upon such n98ds. 2. Amend Transportation Element as follows: A Amend "Existing Roadwal Conditions" to address tile County's responsi- r~I:~n~~~~;~r~~eë~~~ R~~d~y~:~,~v~~~~~~d~~v~~~re~~~ 125.01(m~ and 336.02, Flo~lda Statutes. and the impact of new conSII'Uction in the incorporated and unlnoorporated areas on the County Road System. B. Amend "Recommended Improvements" to addresa the County's responsi~ btl\ty and control over the County Road System, includiflg t~e respol"lSibility for ¡ncraasing the County Road System's capacity as provided in Sectiom¡ 12S.01lml and 33E.02, Florida Statutes. and the implct of new construction in the incorporated and unincorporated areas on the County Road SVStem. 3. Amend the Recreation and Open Space Element as follows: A. Amend "Inlroductlon" to provide that placemetnl of a fair share burden or thø cost of providing capital improvements. and addlUons to the Aegional Park System .'llVithin the municipal areas COnstitutes a County purpose, and to addre&$ the Impact of new residential construction in the incorporated Bnd unincorporated areas of the County upon the nlt&d for future improvements and expansion to the County Reglonel Parle System.. B. Amend Policy 9.1.1.1 to delete limitation to the unincorporated area and oountyv.ride residents. 4, Amend Intergovernmental Coordination Element 8$ follows: A. Amend "Introduction" to address the County's responsibility and control over facilities which serve residents countywide iooluding the County RCid System, the County Regional Park System. ooul1!'00mB, fJlCilities, and ~ip- ment for Circuit and County Courts, and corrections ¡nd detention faCilities for thu operation of the County ~iI Facility. S. Amend Capitallmprovernents Element as fotlowa: A Amend "Corrections" to address the County's responsibility to. provide corrections and detentions facilities for the operation of the County Jail facili- ry which benefits all rBsidents of the County, tl1e impact of new construction within the il"lOOrporated and unincorporated areas of the Counry on the need ~o:~\u~~ ~mJ:rf~6~r~~t~I~~~u~~i~~~~~~~he County ¡ail facility, and tha 8, Amend "Government Buildings" to address the County's responsibilily to provide all courtrooma, tac1l111es and equipment for the operation of the cir- cuit and county courts, the impact of new construction within the incorporat- ed and unincorporated areas of~he County on the need for future improve- ments and additions to tha circuIt Ind county court!. and the benefit of such improvements and ¡ddilions to all County residents. C. Amend ·Parks and Recreation~ to address the County's rBsponsibility to provide the Regional Parle System for all citizens at the County Includ1ng i~ corpoJ"flted and unincorporo,ted araas. the placement C?f a fair share bu,rden of the cost of providing capital improvements and additions t~ lhe RegIonal Park System within the municipal arøas constitutes a County purpose, the impact of new residential construction in the incorporated and unincorporat- ed areas of the county upon the need for future Improvements and expan· sion to the Coun'ty Regional Parle System, and th8 banefil of such improve- ments and additions to all County residents. D. Amend "Major Revenue Sources" by amending the "Impact Fees' !&CIion to prtwide for the generalized estimate of all impact fees to be countywide. e. Amend Policy 11,1.1.2 t'" specify that the level of service standards for public shell I:Kt CountyYMe. Files containing the proposed amendments are available for public review at the officÐs of the 51. Lucie County Growth Management Department, 2300 Yirginia Avenue, Fort PiBfce, Aorlda 34982 81"1d the 51. Lucie County Clerk/F- mance Deptrtment. 2300 Virginia Avenue, Fort Pierce, Florida 34982 du.ring regular busine89 hours of the Board of County CommiS9ione~s. Questions may be directed t~ Michael Brillhart,. Strategy and Special ProJects Director, at 772-462--6204 or TOO (772) 462-1428. ~~ ~:=~~ci~~~~ ~;p;ir~~a~~~To~~~~e ~1~I=p~ca~Ya~~~~~~ considered at the hearing. that person will need a record of the proceedings and that for such purpose, persons may need to ensure that it verbatim re- cord of tha proceedings is made, whl.ch record ¡neludes the testimony and evidence upon wf1ich the appeal is 10 be baSQd. At the request of any party to Ihe proceeding&, individuals testifying during the hearing will be sworn In. Any pa~ to the p!oceeding will be granted an oppartunitV to cross examine arty mchvldllal testifying during the hearing upon request. As~Yo~~~ ~~~~~ld~~~b~ttyL~~~ug~~~w~~~~~Oée~jc~~eD~;~~~r ~i~ 462-1441 or TDD (7721 462-1428 at lent forty~eigh1 (481 hours pm)r to the meeting, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA ISI FRANNIE HUTCHINSON, CHAIRMAN PUBUSH DATE: July 8, 2005 1158371 '-" ~ NOTICE OF PROPOSED CHANGES TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN The St. Lucie County Local Planning Agency will consider proposed amendments to the text of the Future Land Use, Transportation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvements Elements of the St. Lucie County Comprehensive Plan. A public hearing on the proposed amendments will be held before the Local Planning Agency on July 21, 2005, in the County Commission Chambers, 3rd Floor of the S1. Lucie County Administrative Annex, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing will begin at 6:00 pm or as soon thereafter as possible. Interested parties may appear at the Local Planning Agency meeting and be heard with respect to the proposed plan amendments. The purpose of the public hearing is to consider the proposed amendments summarized below. Text Amendment Petition Applicant: St. Lucie County Petition Number: CPT A-OS-OOl Request: Text Amendments to the St. Lucie County Comprehensive Plan 1. Amend the Future Land Use Element as follows: A. Amend "Municipal Land Use Conflicts" to address the County's responsibilities for the County Road System, the Park System, circuit and county courts, corrections and detentions facilities, and the impact of new construction in the incorporated and unincorporated areas of the County upon such needs. B. Amend "Analysis" by amending the "Population" section to address the County's responsibilities for the County Road System, the Park System, circuit and county courts, corrections and detentions facilities, and the impact of new construction in the incorporated and unincorporated areas of the County upon such needs. 2. Amend Transportation Element as follows: A. Amend "Existing Roadway Conditions" to address the County's responsibility and control over the County Road System, including the responsibility for increasing the County Road System's capacity as provided in Sections 12S.01(m) and 336.02, Florida Statutes, and the impact of new construction in the incorporated and unincorporated areas on the County Road System. B. Amend "Recommended Improvements" to address the County's responsibility and control over the County Road System, including the responsibility for increasing the County Road System's capacity as provided in Sections 12S.01(m) and 336.02, Florida Statutes, and the impact of new construction in the incorporated and unincorporated areas on the County Road System. '-' ....,¡ 3. Amend the Recreation and Open Space Element as follows: A. Amend"Introduction" to provide that placement of a fair share burden of the cost of providing capital improvements and additions to the Park System within the municipal areas constitutes a County purpose, and to address the impact of new residential construction in the incorporated and unincorporated areas of the County upon the need for future improvements and expansion to the Park System.. B. Amend Policy 9.1.1.1 to delete limitation to the unincorporated area and countywide residents. 4. Amend Intergovernmental Coordination Element as follows: A. Amend "Introduction" to address the County's responsibility and control over facilities which serve residents countywide including the County Road System, the County Park System, courtrooms, facilities and equipment for Circuit and County Courts, and corrections and detention facilities for the operation of the County Jail Facility. 5. Amend Capital Improvements Element as follows: A. Amend "Corrections" to address the County's responsibility to provide corrections and detentions facilities for the operation ofthe County jail facility which benefits all residents ofthe County, the impact of new construction within the incorporated and unincorporated areas of the County on the need for future improvements and additions to the County jail facility, and the benefit of such facility to all County residents. B. Amend "Government Buildings" to address the County's responsibility to provide all courtrooms, facilities and equipment for the operation of the circuit and county courts, the impact of new construction within the incorporated and unincorporated areas ofthe County on the need for future improvements and additions to the circuit and county courts, and the benefit of such improvements and additions to all County residents. C. Amend "Parks and Recreation" to address the County's responsibility to provide a Park System for all citizens of the County including incorporated and unincorporated areas, the placement of a fair share burden of the cost of providing capital improvements and additions to the Park System within the municipal areas constitutes a County purpose, the impact of new residential construction in the incorporated and unincorporated areas of the County upon the need for future improvements and expansion to the Park System, and the benefit of such improvements and additions to all County residents. D. Amend "Major Revenue Sources" by amending the "Impact Fees" section to provide for the generalized estimate of all impact fees to be countywide. E. Amend Policy 11.1.1.2 to specify that the level of service standards for public shall be Countywide. Files containing the proposed amendments are available for public review at the offices of the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 and the St. Lucie County Clerk/Finance Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 during regular business hours of the Board of County Commissioners. Questions may be directed to Michael Brillhart, - . """ ....¡ Strategy and Special Projects Director, at 772-462-62040r TDD (772) 462-1428. All proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made with respect to any matter considered at the hearing, that person will need a record of the proceedings and that for such purpose, persons 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. At the request of any party to the proceedings, individuals testifying during the hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during the hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1441 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: July 8, 2005 18 pt. type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Attorney's Office 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone: (772) 462-1441 Fax: (772) 462-1440 Send Bill to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone: (772) 462-1585 Fax: (772) 462-1581 ð ITEM NO.~ DATE: 10/18/05 AGENDA REQUEST REGULAR ( X ) PUBLIC HEARING ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Bid Protest- Bid #05-089 - Construction of the Clerk of Court Office Building BACKGROUND: See Attached memo. FUNDS AVAilABLE: See the attached memorandum # 05-0148 from the County Administrator. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board uphold the decision to award Bid #05- 089 - Clerk of Courts Office Building to Paul Jacquin & Sons, Inc. for a total amount of $11,217,000 and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: Approved 4-0 h OQ APPROVED () DENIED ( ) OTHER Coord ination/S iQnatures County Attorney (X) Originating Dept. ( ) JK Mgt. & Budget ~ _~ íV\~ Other ( ) Purchasing (X) ø f Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF '-"' COUNTY COMMISSIONERS ~RCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director Date: October 10, 2005 Re: Bid Protest- Bid #05-089 - Clerk of Court Office Building BACKGROUND: · On September 7, 2005 submittals were opened for Bid #05-089 - Clerk of Court Office Building. One thousand ninety-three (1093) vendors were notified, thirty-one (31) documents were distributed, and three (3) responses were received (Tab Sheet is Attachment #1; submittals are Attachments #2,3, and 4). The apparent low bidder was Paul Jacquin & Sons, Inc. in the amount of $11,217,000.00. The next lowest bidder was David Brooks Enterprises with a bid in the amount of $11,863,000, which is $646,000.00 higher that the apparent low bidder. · On September 14, 2005, I received a letter of protest (Attachment #5) from the apparent low bidder, Paul Jacquin & Sons, Inc. protesting the Purchasing Department decision to declare their bid to be non-responsive. I spoke with Michael Jacquin about withdrawing his protest, explaining that the bid document (Attachment #6) states, "All forms required from responsive bid shall be include, i.e. Bid Form, Bid Bond, A.IA Document G805 and Public Entity Crimes Statement." · On September 23, 2005, as required by the County Purchasing Manual, I consulted with the County Administrator and County Attorney. A decision was made that staff would recommend award of Bid 05-089 to Paul Jacquin & Sons, Inc. · On September 26, 2005, I received a memo of recommendation (Attachment #7) fram the Central Services Department to declare Paul Jacquin & Sons, Inc.'s bid non-responsive and to award the bid to David Brooks Enterprises. · On September 26, 2005, Paul Jacquin & Sons, Inc. received written notice (Attachment #8) of staffs decision. Also on September 26, 2005, all bidders received a Letter of Intent (Attachment #9), which stated staffs action to request permission to award Bid 05-089 to Paul Jacquin & Sons, Inc. . On September 26, 2005, I received a letter 0 f P ratest (Attachment # 1 0) fram 0 avid Brooks ErJterprises, the apparent second low bidder, stating that the bid received from Paul Jacquin & Sons, Inc. was materially non-responsive due to its failure to furnish the required bid bond and failure to comply with the Trench Safety Act. '-' ~ · On September 27, 2005, I spoke with David Brooks about withdrawing his protest and stated that the county reserves the right to award in its best interest and that the bid security was received on time. He refused. · On September 28, 2005, I received a letter (Attachment #11) from Kirwin Norris, PA representing David Brooks Enterprise. A copy was given to the County Attorney. · On October 5, 2005, as required by the Purchasing Manual, I consulted with the County Administrator and County Attorney. It was determined that Paul Jacquin & Sons, Inc. had submitted the required Trench Safety Act Form. A decision was made to uphold my decision to award Bid 05-089 to Paul Jacquin & Sons, Inc. · On October 5, 2005, I received a copy of a letter from Paul Jacquin & Sons, Inc. (Attachment #12) sent to the County Attorney regarding David Brooks Enterprises' Protest. · On October 6,2005, David Brooks Enterprises was given written notice (Attachment #13) by fax and certified mail of my decision and their right to appeal my decision to the County Administrator. · On October 10, 2005, the County Administrator received a letter (Attachment #14) from Kirwin Norris, PA appealing my decision to the Board of County Commissioners. · On October 10, 2005 I received a public records request from Kirwin Norris, P.A (Attachment #15). · On October 10, 2005 the County Attorney wrote a memo (Attachment #16) to the Board regarding the Bid Protest. · On October 11, 2005 the County Administrator received a letter (Attachment #17) from David Brooks Enterprises appealing the County's decision. · On October 12, 2005 the County Attorney wrote a response letter to Douglas Ackerman, Esq. of Kirwin Norris, PA (Attachment #18). Recommendation: Staff recommends that the Board uphold the decision to award Bid 05-089 - Clerk of Court Office Building to Paul Jacquin & Sons, Inc. for the total amount of $11,217,000 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. EP/jc '-' ...., TO: BOARD OF COUNTY COM COUNTY ADMINISTRATION ORANDUM 05-148 -----,_._-- FROM: DOUGLAS M. ANDERSON, UNTY ADMINISTRATOR DATE: OCTOBER 13, 2005 RE: CLERK OF CIRCUIT COURT BUILDING The original budget amount for the proposed Clerk of the Court Building was $6,900.000.00 The County went out to bid for this project and it came in at a construction cost of $10,922,972.00 for an increase of $4,222,972.00 over budget. At that time County staff put together various recommendations for funding sources to cover the cost (attached). Staff recommended the rejection of the bids in an attempt to value engineer the project to lower the cost and to redesign certain aspects i.e., providing an emergency generator for the building. We re-bid the project. Due to uncontrolled inflation in the construction industry at this time the low bid for this project came in at $11 ,217,000.00, which exceeded our Revised Budget of $1 0,972,000.00 by $294,028.00. Throug h various cost containment measures of the two new pods at the jail the County has approximately $700,000.00 in unused reserves. Staff is recommending that $500,000.00 of these reserves be reallocated to the Clerk of Circuit Court Building's budget. This $500,000.00 will cover the additional cost of $294,000.00 and set up a project reserve of $206,000.00 DMAlms 05-148 C: Marie Gouin. Management and Budget Director Roger Shinn, Central Services Director Ed Parker, Purchasing Director Dan Mcintyre, County Attorney Ray Wazny. Assistant County Administrator · < "" 'wJI Downtown Fort Pierce Projects: Clerk of Circuit Monumental Court Building Staircase District Cooling Project Budget $ 6,900,000.00 $ 1,238,000.00 $ 1,910.000.00 Lowest Bid: $ 10,922,972.00 $ $ Total project Cost Increase: $ 4,022,972.00 $ 1,238,000.00 $ 1,910.000.00 Sources: Improvement Bonds, Series 2005* $ 3,000,000.00 $ 1,238,000.00 $ 1.910,000.00 Sales Tax Bond, Series 2003* $ 921,735.00 Other Sources***** $ 2,733,582.00 FOOT Intermodal Grant $ 500,000.00 General Fund (FY06) $ 710,442.00 $ 7.865,759.00 Recommendations: Court Facilities Fund'* $ 1,222,771.00 Court Facilities Fund -'Court Costs*** $ 150,587.00 Court Facilities Fund"" $ 212,520.00 Public Building Impact Fees $ 1,471,335.00 $ 3.057,213.00 Total Sources: $ 10,922,972.00 $ 1,238,000.00 $ 1,910,000.00 Balance $ $ $ Notes: 'Debt Service payments will be made wllmpact Fees ~Fund 170 available cash as of 3124105 Less: PO's Adjustments to be done Total $ 1,548,664.61 $ 355,004.00 $ (29.110.72) $ 1.222.771.33 "'No longer receiving these funds-Art V (as of 3124105) ··..Estimated collection from March to September '*'''Other Sources - FEMA $155,357 Downpay - Public Bldgs Impact Fees $1.000,000 General Fund Transfer - $900,000 Fund 316 Franchise Fees - $678,225 " zzz c c c 3 3 '3 CT CT CT m G) ill --; -. . -0 (1) ~ o (1) 3 QJ ::J Q (J) ~ C1 o '3 000 -" -"-,, ~~27 Q Q- (J) 0::J ;;00-0 (1) C1 § o c _. ~. 3 ¡:g < (1) (1) :J Z ~CñS. 03 §:~ ~ " IT .. c m D.. ~ o GJCD GJ~GJ S-g;~ -ëï Q m :=t"! .s" ::J ~_ en ill (jj "'0 CD :J".:(D-I-L - "';' ill C1 ~ (J) (J) 0 [-00-0 CD 030 ~~~ rg ~. 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UJ :J ~ (J C ~"TJ 9.- r o' :J --I ifi 0..., ill 0 < ~ roO CD ~ T:G) ~. 0 QC 1D3" o CD .. '" o --., o o c ;::¡. aam "D ~ 0..: CD -. ::¡ 0 :¡:j: CD CD 0 o..mt,n oeD ::¡ 0.. co CD C/)::¡ CD(Q Ü ..... CD :3 0- (D .. -! QJ 00- (D C ~~ Q) õ· -::¡ N~(f) O-:J::¡- <; CD o _. CD Ol@..... (f¡ o CD -0 QJ .. g (D ::¡ ,...,. ----.¡ - :J o Attachment #1 '-" 11R1" SECTION 00300 - BID PROPOSAL FORM: Board of County Commissioners St. Lucie County, Florida 2300 VÏrg:inÏa Avenue Ft. Pierce, FL 34982 David Brooks Ent., Inc. (Bidder's Company Name) Includes A.lA. Form G-805 (List of Sub-Contractors- Copy included at the end of tllis section), Section 00410 Bid Bond, and Public Entity Crime Statement (Copy included at the end of this section). I have received the documents titled "CLERK OF THE COURTS OFFICE BUILDING". I also acknowledge receipt of Addendum listed on page 2 of this section and have included their provisions in my bid. I have examined both the bid documents and the construction site and submit the following bid in which I agree: 1. To hold my bid open until an agreement has been executed between St. Lucie County and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or ur¡J:il 90 days after bids are opened, whichever is longer. 2. Regarding the Disposition of Bid Security: To accept the provisions of the Instructions to the Bidders. 3. To enter and execute a Contract on the basis of this bid and to fumish a 100% Public Construction Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to. be free from construction defects for a period of not less than one (1) year, if this bid is accepted. 4. To accomplish the work included in, and in accordance with the Contract Documents, if this bid is accepted. 5. To start work within ten (10) calendar days from the date of the Notice to Proceed and thereafter to complete the work within 540 consecutive calendar days, unless the time is modified by provisions of the contract, if this bid is accepted. 6. Regarding Compensation for the proposed work: ifthis bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule on pages 00300-2 through 003QO-4 oftllis bid form. 7. Regarding tl1e Award of the Contract: ifI am awarded a contract for this project, I understand that the award may be for all or any portion thereof of tl1e items listed under the Bid Unit Price Schedule. Attachment #3 3'-1' '- r ~ ,. . . -~t~ ,:': , t~~._" ~ _;_ _ ~'''''-;~.~ 't ,;~ ...", The bidder proposes and agrees, if this proposal is accepted; to contract with the Owner in L'le form ofthe contract specified; to furnish all the materials, apparatus, transportation, and labor necessary to complete The Project know particularly as: CONSTRUCTION OF: CLERK OF THE COURT OFFICE BillLDING NOTE: The on-site parking reconfiguration and the office building are included in the overal1 project scope and wiJ] be referred to as a single project to be constructed in full and complete accord with the shown, noted, described, and reasonably intended requirements of the plans and specifications, and contract documents; to the full andentire satisfaction of the principals or duly authorized representatives of the Owner. The BidderlProposer agrees that the price stated below is to cover all expenses incurred in performing the work required under the contract documents. Bidder acknowledges receipt of the following Addenda: #l - 8-17-05 #2 - 8-24-05 #3 - 8-31-05 ~~ q -Oz.-oS- This proj ect requires a separate unit price for the work as follows in words and figures: Price for Site Work including clearing, demolition, grading, paving, drainage, ROW improvements, wallcways, pavers, planters, curbing, dumpster enclosure, landscape and irrigation systems at the prirriary building site: ~~~~j¿II~~ dollars and 1) --- cents $/..00 (JOO. i Price for the five story Office Building: (Include the cost of the generator and associated generator equipment, electrical labor and materials) I - . \r. .s¡,--9 -Ie- ')1,,\ ì\~ O,...ek~~D ~()f~dOllars and 2) cents t ^ } c-z rYV'\ .--- $~. "Revised 00300-2" 7 June 2005 ~ -..J Total Base Bid Œncludinl2: the cost of items #1 throul2:h #10 above) (Written form)z\fð€'.hJ M-J\<c.u h't~-c~ SlJC'1..4Ç(7$ ~.£1::.I n dollars and cents. (In Figures) $-J{ 5Çl-3 ~. '/ ./ ADDITIVE ALTERNATE #1: Provide the Concrete Tiles called out on the drawings and in Spec Section 07325, in hen of "formed metal roofing panels with stone chip finish" as per Spec Section 07512: Add ~l~¡~~61.....c~ cents $ tÇ'áD ". dollars and - This proposal may be withdrawn if a written "Notice to Proceed" is not issued to the Contractor by the Owner, within ninety (90) consecutive calendar days of the bid opening. Respectively Submitted, '. DATE: 9-7-05 David Brooks Enterprises, Inc. Contractor/Corporation BYb~~R ~ President David Brooks Seal CGC050899 FLORIDA CONSTRUCTION lNDUSTR Y LICENSING BOARD REGISTRATION OR . CERTIFICATE NUMBER "Revised 00300-4" 7 JlUle 2005 Price for the complete skybridge, including fabrication, foundations, column structures, delivery, installation, firÜshing, and sun-control awnings: (NOTE: PJC, S.A.T. ceiling and electric shall be included in item #2). (NOTE: Raised access floor assembly shall be included in item #5). , -hL'C' ~"",,,,,,1)/"l'V.~ ~C)WoHo--/ollars and 3) '-' .." ,.- cents $ ¿)5;-O cX::o - l 4) Price for the Generator Building and fence enclosure: (No equipment or electrical) QTr -RðlU~~~ $ SO, ()C)C) dollars and ---- cents Price for the complete installation of the "Tate" underfloor access system including pedestals, decking, carpeting, accessories and trim. (Underfloor ElectricaLand Mechanical systems and trim are to be included in line item #2): .Qo,>e ~",...;y{:> ç;;~ -\-Le. .. ;ç> doll", >md ~ cent, $ ::;-ç 0 ,006 6) Price for the complete installation of the RelocatablelDemountable floor to ceiling Partitions, including the windows, doors, and glazing in each. (Partitions as located on the Interior Design Sheets, windows as called out on the schedule on Sheet A-22, and doors in 2" aluminum frames as called out on the SP-2 tlrrough SP-5 sheets.) * ~ h.u.....s)c1~ 7(~~~-tL, ~¿~D dollars and - cents $~O .onõ 7) ~~,~+L~ 5) Performance, Labor and Material Payment Bonds for entire project: dollars and ~ $Jmé)DC) , cents 8) Project Allow~nce for all interior window treatments at a lump sum price of Sixty thousand dollars, to be included in the Base Bid. $ 60.000.00 9) Project Allowance for Work Directive Changes as Reviewed, Authorized and Approved by the Owner at a lump sum price of Two hundred thousand dollars, to be included in the Base Bid. $200.000.00 10) Project Allowance for Building Permit Fee, to be included in the Base Bid. $ 20.000.00 "Revised 00300-3" 7 June 05 '-'" ~IGINAL SECTION 00480 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name Project Number Project Location CLERK OF THE COURTS OFFICE BUILDING See Plans Instructions: Chapter 90-96 of the Laws of Florida requires all contractors engaged by S1. Lucie County, Florida to comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this project's base bid. 5ei: oJs:o Spec¡-{,c.a--f1on:5 Sec--tTbn 00)00) .2.0 I) r:. . Certify this form in the presence of a notary public or other officer authorized to administer oaths. 1.0 Certification. 1 .1 I understand that Chapter 90-96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at. all trench excavations in excess of five feet in depth for this project. 1.2 The estimated cost imposed by compliance with The Trench Safety Act will be: One Hundred and no/lOO' s Dollars (Wrirten) $100 . 00 (F(gures) 1.3 The amount listed above has been included within the Base Bid. Certffied: David Brooks Enterprises, By: (President's Signature) Inc. (Company-Contractor) G David Brooks (president's Typed or Printed Name) 2.0 Notarization. Sworn to and subscribed before me in S1. Lucie County, Florida on the 7 th day of Sept. ,20 05. ~ ~~~·:iA~:f.í1;;,~ Marcia A Guider . . . r I n 'Ai, Mfix ,k1';4"~;~ MY COMMiSSION # 00203484 EXPIRES Notary Public. C-L.~. l0----. u:;v'~)18Þ-·~,:~ May 10, 2007 My Commission Expires:. 5-10- 0 7 ",f,,~~:'i;.~'>' BCNDEDTH'UTROYFAINI"SURA"C~INC. 00480-1 LIST 'OF SUBCON'tRACTORS All'. DOCUlvlENT GBOS ...." PROJECT: S.L. County Clerk of the (Name, address) Courts Office Building ARCHITECT: EDB Architects TO, (Contractor) í David Breaks Ent., Ine. 9000 Burrra Rd., Ste. 101 Palm Ech. Gardens, FL L 33403 ARCHITECTS PROJECT NO: 040S03VB I DATE 9-7-05 -.J List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents. (To be filled out by the Contractor and returned to the Architect) Work Firm Phone c(O fò Lt~ Landscaping Electrical HVAC Roofing ) - Irrigation (List continued on back oT this sheet) AlA.. D.ÖÇUMENT Gaos . LIST· O,F SUBCONTRACTORS . APRil 1970 ED F¡;I QN 'AIA@' ©.1970 THE ÂMER:ICAN ¡·NSTITUTE OF ARCHITECTS, 1735 NEW YORK ÞVE., N.W., W-"5HINGTON,O,C 20006 PAGE 1 OF 2 '--' 'will FLORIDA STATUTES ON PUBLIC ENTITY CRIMES SWORN STATEMENT UNDER SECTION 287.133 (3)(N), THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement ìs submitted with Bid, Proposal or Contract No. 05-089 for Clerk of Courts Office Buildinq 2. This sworn statement is submitted by: David Brooks (name of entity submitting sworn statement) whose business address is: David Brooks Enterprises, Inc. and (if applicable) its Federal Identification No. (FEIN) is 65-0281453 (If the entity has no FEIN, include the Socia! Security Number of the individual signing this sworn statement: SS# 3. My name is IS David Brooks President and my relationship to the entity 4. I understand that a "public entity crime" as defined in Paragraph 287.133 (1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to, the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations. 5. I understand that "convicted" or "conviction"" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trail, or entry of a plea of guilty or nolo còntrendere. 6. ] understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a), Florida Statutes, means: a.A prédecessoror successor ofa person conviCted of a public entity crime; or b. An entity under the control of any natural person who is active in the . management of the entity and who has bèen convicted of å public '-" .", entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active În the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133 (1) (c), F]orida Statutes, means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and whìch bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) x Neither the entity submitting thís sworn statemeht, nor any officers directors, executives, partners, shareholders, employees; membersbr'agentsWho are active in management of the entity, nor any affiliate of tneéntity have been charged with and convicted of a public entitycrime.subsequent to July 1, ·198~. . . . - . The entity submitting this sworn statement, or one or more of the officers directors, executives, partners, shareholders, employees, members Or agents who are active in management of the entity, or an affiliate ofthe entity has been charged with, and èonvicted of, a public entity crime subsequent to July 1, 1989, and (Please indicate which additional statement applies). There has been aproceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or àffiliateon the convicted vendor list. (Please attach a copy of the final order) . The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of '-' 'WI Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services). . . . c-ì G)R·~ Signature David Brooks Date: 9-7-05 STATE OF Florida COUNTY OF Palm Beach Personally appeared before me, the undersigned authority, David Brooks . who after first being sworn by me, affixed his/her signature in the space provided above on this 7th day of Septeniber , 20~. ~ u-~Ú. ~\~ Notary Public, State at Large Mircia A. Guider My Commission Expires: 5-10-07 ~~q~.tf~Æ«..';,. Marcia A Guider ~.: ':.~ MY COMMISSION # 00203484 EXPIRES ~~'" : : May 1 0, 2007 ~: ,,' BONDEDTHRU TROY FAIN INSUMNCE, tNC \.. '-' This bond complies with the Terrorism Risk Insurance Act of2002 (TRIA) SECTION 00410 BID BOND David Brooks KNOW ALL MEN THESE PRESENTS, THAT WE Enterprises, Inc. as Principal, and Fidelity and Deposit Comcanv of Marvland as surety, are firmly bound unto the Board of County Commissioners, St. Lucie County, Florida, hereinafter called the Owner in the sum of Pi ve Percent of Bid dollars ($ . 5% ) being 5% of the attached maximum bid amount of Five Percent of Bid dollars ($ 5% the payment of which sum well and truly to be made, the said Principal and the said surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for CLERK OF THE COURTS OFFICE BUILDING based on the contract documents prepared by EDB Architects and Assoc. NOW, THEREFORE, if the Owner shall accept the bid of the Principal and the Principal shall enter into a contract with the owner in accordance with the terms of such bid, and give such 100% Bond as specified in the Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event the Principal fails to enter such contract and give such bond or bonds, if the Principal shall pay to the Owner the difference not exceeding the penalty hereof between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this 7th day of September , 20~. 00410-1 **END OF SECTION** \..; 'WI IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. David Brooks Enterprises, Inc. BY~O 9xL.S.) David Brooks, President Company of TITLE ~1t::"t1\..J"'-- Attorney in Fact & Florida TITLE Licensed Resident Agent. Inquiries: (407) 834-0022 IMPORTANT - Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. '- ....J ~ ZURICH TillS IMPORT ANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the foUowing informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required 00 your part Disc10sure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $~waived_. This amount is refleoted in the total premium for this bond. Disclosure of A vailabilitv of Covera!!e for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with teons, amounts, and limitations that do not differ materially as those for losses arising from events other than acts ofterrorism. Disclosure of Federal Share ofInsurance Company's Terrorism Losses The Terrorism Risk Insurance Act of2002 establishes a mechanism by which the United States governmeIlt will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year, for 200{ 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The fe¿'era! share of an insurance company's losses above its deductible is 90%. In the event the United States government "ýi ""'. participates in Josses, the United States government may direct insurance companies to colJect a terrorism surc!).q¡:ge fÌom policyholders. The Act does not currently provide for insurance industry or United States government . participation in terrorism losses that exceed $100 billion in any ooe calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certiñed by the Senetary of the Treasury, in concurrence with the Secretary ofS!ate and the Attorney Genera! of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infi-astructure; 3. to hávëresulted in dJnnâge within tliè United States, oroutside'of1ire-tlni:ted-Stdloðlli tho va=-uf-=aif.. carrier (as defined in section 40102 oftit]e 49, United 17 States Code) or a United Statos flag vessel (or a vosse! based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting On behalf of any foreign person or foreign interest as part of an effort to coereo the civilian papulation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. Tliese disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -D05D749.doc '-- ." Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said comPiæY' w . set forth on the reverse side hereof and are hereby certified to be in full force and effect onMthe date hereof d s ~ ·nate, constitute and appoint J. W. GUIGNARD, Bryce R. GUIGNARD, M. Gary FRANC .. Y J. CIAMBRIELLO, Brett A. RAGLAND, Margie MORRIS, Jennifer L. MCC ~ gwood, Florida, EACH its true and lawful agent and Attorney-in-Fa b '~' S , and on its behalf as surety, and as its act and deed: any and all bonds ad· and e ro c bonds or undertakings in pursuance of these presents, shall be as bindi~_\a~~. y, to all intents and purposes, as if they had been duly executed and a~d'b¥\.fu:è~e re U~~~~f the Company at its office in Baltimore, Md., in their own proper persons\J~'d~r rl~i that issued on behalf of J. W. GUIGNARD, Bryce R. GUIGNARD, M. Gary FRANCIS, De~~V , TIl L. LIVELY, Paul J. ClAMBRlELLO, dated September 26, 2000. The said Assistant ~'ètrt!ÿ d'";;"es hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLA.'ID, this 5th day of March, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND £(V~ By: Assistant Secretary Paul C. Rogers ~ T. E. Smith Vice President State of Maryland }ss: City of Baltimore On this 5th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SJ'vllTH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individùals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affL'œd to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instnnnent by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~~~JVt--1~ Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 031-4124 '-' ...", EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-Pre$ident, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY A."!D DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affrxed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7TH day of SEPTEMBER 2005 Gfd~ Assistant Secrerary '-" 'will SECTION 00300 - BID PROPOSAL FORM: Board .of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 '-(lIE -rocJ¿!2. G«öop¡ 5¡..1(, (Bidder's Company Name) Includes A.I.A. Form G-805 (List of Sub-Con tractors- Copy included at the end oftrus section), Section 00410 Bid Bond, and Public Entity Crime Statement (Copy included at the end ofthÏs section). I have received the documents titled "CLERK OF THE COURTS OFFICE BUILDING". I also ac1rnowledge receipt of Addendum listed on page 2 of this section and have included their provisions in my bid. I have examined both the bid documents and the construction site and submit the following bid in which I agree: 1. To hold my bid open until an agreement has been executed between St. Lucie County and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or lmtil 90 days after bids are òpened, whichever is longer. 2. Regarding the Disposition of Bid Security: To accept the provisions of the Instructions to the Bidders. 3. To enter and execute a Contract on the basis of this· bid and to furnish a 100% Public Construction Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be fre~from construction defects for a period of notless than one (1) year, ifthis bid is accepted. 4. To accomplish the work included in, and in accordance''With the Contract Documents, if this bid is accepted. 5. To start work within ten (10) calendar days from the date of the Notice to Proceed and thereafter to complete the work within 540 consecutive calendar days, unless the time is modified by provisions of the contract, ifthÏs bid is accepted. 6. Regarding Compensation for the proposed work: if this bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule on pages 00300-2 through 00300-4 of this bid fOrI? 7. Regarding the Award of the Contract: if I am awarded a contract for this project, I understand that the award may be for all or any portion thereof of the items listed under the Bid Unit Price Schedule. "Revise( Attachment #4 ~ ....", The bidder proposes and agrees, if this proposal is accepted; to contract with the Owner in the fODD ofllie contract specified; to furnish all the materials, apparatus, transportation, and labor necessary to complete The Project know particularly as: CONSTRUCTION OF: CLERK OF THE COURT OFFICE BUILDING NOTE: Tne on-site parking reconfiguration and the office building are induded in the overaJ] project scope and wiU be referred to as a single project to be constructed in full and complete accord with the shown, noted, described, and reasonably intended requirements ofllie plans and specifications, and contract documents; to the full and,entire satisfaction ofthe principals or duly authorized representatives of the Owner. The BidderlProposer agrees that the price stated below is to cover al1 expenses incurred in , performing the work required upder the contract documents. Bidder ac1mowledges receipt of the foilowing Addenda: ,A'Dí)~<~ (?l,}:^,- .t ¡ Aû&:uS¡ I G ,Î-C'CJS' I ·+f--- A't(Jff,ÑD0¡v, *'L ¡'\ 'C ,.' ,.y -"1""'-, .<"7, "'·5 M\..:' e-;'-.;""") \ ' t- -'" j ,,-t.:...i~' I ADD~tJPUr-'\ Æ:--::, I~ D\:> iZ..:--Içv f'\ Jt-4· I i\ù&OST "30) '2'-Cð5' <;tfPTi£¡L\.¡;,æ:.ç... L¡ zbû5" I' This project requires a separate unit price for the work as follows in words and figures: 1) Price for Site Work including clearing, demolition, grading, paving, drainage, ROW improvements, walkways, pavers, planters, curbing, dumpster enclosure, landscape and irrigation systems at the prÍInarybuilding site: O~JrI)r:::» ~ 1"W'f::NtT~ þtT/I... ~aS_ dol1ars and Z-èP-CJ cents $ 1?5\¡ t41t-.~ S It' t+<r,.J'!~ ~ ~ "ï-~.c 2) Price for the five story Office Building: (Include the cost ofthe generator and associated generator equipment, electrical labor and materials) í etJ f{r.u..... JJ'¡p¡Ç J-0~ h/Í> J'.¡....¿.yt-W;dollars and ;U;U; 7rðU5, 1'tvt' !þ,vt¡t-¡¿ Pf/'J) 1/IJexJí7 ~ .ft=.~ cents $ /0[134 z.':L?{ttr "Revised 00300-2" 7 June 2005 ~ ...I SECTION 00300 - BID PROPOSAL FOR~: Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 It-\¡::- ÎOCJ¿]2. G;(z'öoP¡ 50(, (Bidder's Company Name) Includes A.I.A. Form G-805 (List of Sub-Contractors- Copy included at the end of this section), Section 00410 Bid Bond, and Public Entity Crime Statement (Copy included at the end ofthis section). I have received the documents titled "CLERK OF THE COURTS OFFICE BUILDING". I also acknowledge receipt of Addendum listed on page 2 of this section and have included their provisions in my bid. I have examined both the bid documents and the construction site and submit the following bid in which I agree: 1. To hold my bid open until an agreement has been executed between St. Lucie County and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or lmti190 days after bids are òpened, whichever is longer. 2. Regarding the Disposition of Bid Security: To accept the provisions of the Instructions to the Bidders. 3. To enter and execute a Contract on the basis of this bid and to furnish a 100% Public Construction Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be fre~from construction defects for a period of not less than one (1) year, if this bid is accepted. 4. To accomplish the work included in, and in accordance with the Contract Documents, if this bid is accepted. S. To start work within ten (10) calendar days from the date of the Notice to Proceed and thereafter to complete the work within 540 consecutive calendar days, unless the time is modified by provisions of the contract, if this bid is accepted. 6. Regarding Compensation for the proposed work: if this bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule on pages 00300-2 through 00300-4 of this bid fOTI?' 7. Regarding the Award of the Contract: ifI am awarded a contract for this project, I understand that the award may be for all or any portion thereof of the items listed under the Bid Unit Price Schedule. "Revise( Attachment #4 '-" ..,¡ The bidder proposes and agrees, if this proposal IS accepted; to contract with the Owner in the form of the contract specified; to furnish all the materials, apparatus, transportation, and labor necessary to complete The Project know particularly as: CONSTRUCTION OF: CLERK OF THE COURT OFFICE BUILDING NOTE: The on-site parking reconfiguration and the office building are included in the overall project scope and will be referred to as a single project to be constructed in full and complete accord with the shown, noted, described, and reasonably ihtended requirements of the plans and specificatiòns, and contract documents; to the full and entire satisfaction ofllie principals or duly authorized representatives of the Owner. The Bidder/Proposèr agrees that the price stated below is to cover all expenses incurred in , perfonning the work required up.der the contract documents. Bidder acknowledges receipt of the following Addenda: AV0¢.rJ p\}:"'-.. .t î Aû CrAJS I \ L , 'L.üð5 ( ':It AW~ND0¡f..A.... -¿ A'J (,.,0'"'1 -z..~::;; ,-¿oc6 j ADDiftJPUr'-\ -*-S ^...... ./ 'n, \ .vi .:tt-L1. 1-"';. 1...-\.:> i¡::..t-'v '-' r \ '1 I A0&Oc:,j Sû) ucS' <;(tPT!z-¡L\.Þl't~ Z¡ Zöc.5 , . This project requires a separate unit price for the work as follows in words and figures: 1) Price for Site Work including clearing, demolition, grading, paving, drainage, ROW improvements, walkways, pavers, planters, curbing, dumpster enclosure, landscape and irrigation systems at the prirn'arybuilding site: O~ J"1>EJ> ~ (o./'f:7'Jrí~ þrr/l... ~IIS. dollars and z.ctLO S (k:' t¥N'U-.c::t;, +vt> ~ ,,¡;:'U'-I.."- cents $ /(Ÿ\, t4lkw . 2) Price for the five story Office Building: (Include the cost of the generator and associated generator equipment, electrical labor and materials) í etV ftu..., JJ'¿þ'& ¡.1.u~ ~ 7'¡"'<i.-rt-tVrlollars and ~ 1f"ó()). 1í,vp 1Wþ1)12-ki> ,.iJ/1; 1i1JeN'T7 ~ 5=~ cents $ (Or 1 J 1, 2-2) Jt~ "Revised 00300-2" 7 June 2005 '-' ...." Total Bàse Bid (Including the cost ofiterns #1 through #10 above) (Written form) . and ~ --r¿.-·~v~ j.o /t..-U6-.] ~0iÆ.- )..Á.¡o~ð ~ T"h1--tr éJ¿r t.... --n/zJ ..¡ ...)0 ~ () /J'I -' <, J.ir A-.1 "-:: ~ dollars ,~ ---"'=-- cents. (In Figures) $ /2..; -:;.3-) qf::J:3, " '0 - ADDITIVE ALTERNATE #1: Provide the Concrete Tiles called out on the drawings and in Spec Section 07325, in lieu of "formed metal roofmgpanels with stone chip finish" as per Spec Section 07512: Add Æ.>L-~~..'. ~~L.i;...ç../ t::) dollars and~ents $ ia)5 ~,;_ O-j . ~~~ µµ~~~ ~ry~~/~ This proposal may be withdrawn if a written "Notice to Proceed" is not issued to the Contractor by the Owner, within ninety (90) consecutive calendar days of the bid opening. Respectively Submitted, DATE: S~Pf!;""-\S~K- --rk ¡'l..6úS ít\(i:--~CLÛ~~~L L,,0:Jùf ; ::Ç¡.JL . , Contractor/Corporation Seal C GCf\--;~J'~ 04 . FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD REGISTRATION OR . CERTIFICATE NUMBER "Revised 00300-4" 7 June 2005 '-" ...", 3) Price for the complete skybridge, including fabrication, foundations, column structures, . delivery, installation, firJshing, and sun-control awnings: (NOTE: AlC, S.A.T. ceiling and electric shall be included in item #2). (NOTE: Raised access floor assembly shall be included in item #5). . "/yO Li.J../f) 6 () . 1"=<>1 /VQ dollars and ø cents $ 242)7 ¥ ~ .W ~ v"'~ -rwa vп~.-:J SJ,K.."7 ~&~ 4) Price for the Generator Building and fence enclosure: (No equipment or electrical) ¡::::ðvUL ~ ~ (l,.4, u-J ~ ~ dollars and Q cents $ éJ..7:?d3 ¿:¡q, 00 k?lr:;: )L- -r- ¡=-.. ( ¡;... J J 6- 5) Price for the complete installation of the "Tate" underfloor access system including pedestals, decking, carpeting, accessories and trim. (Underfloor Electrical and Mechanical systems and trim are to be included in line item #2): ~ Aor H-> ^- ::/ <.. '6.(J -r<:--- £---U ~ dollars and ~ents $ 52¿J~/ 84-1. (I)-> ;:::ð u 1.. ~ -.,.;) ~CF ¡; ~ ß-r U' :;7 re.. ..v.J ~ ~cv ~ 6) Price for the complete installation of the Relocatable/Demountable floor to ceiling Partitions, including the windows, doors, and glazing in each. (partitions as located on the Interior Design Sheets, windows as called out on the schedule on Sheet A-22,and dbors in 2" aluminum frames as called out on the SP-2 through SP-5 sheets.) (T.>c> /t.~ J- '1) '2.Þ--:J "---? G~ J..A-. ~ v é dollars and .~ cems N) l/~ .6k-vi "-.1Y::) 66 ~ c);--- ~ 7) Performance, Labor and Material Payment Bonds for entire project: $ '2.&(L, C¡¡:t.. 01) / /-1'1 i/~ rl Jf!:-- y¡.J., --..1,,4..-1 .II ~(.:. h ~..., 9 tI;c;> dollars and ~ cents ,AJ D ó~ 8) Project Allowance for all interior window treatments at a lump sum price of Sixty thousand dollars, to be included in the Base Bid. $ tî"::,-,Clo7 I~ J $ 60.000.00 9) Project Allowance for Work Directive Changes as Reviewed, Authorized and Approved by the Owner at a lump sum price of Two hundred thousand dollars, to be included in the Base Bid. $200.000.00 10) Project Allowance for Building Permit Fee, to be included in the Base Bid. :t2Q.OOO.OO "Revised 00300-3" 7 June 05 USTOF SUBCO~ACTORS AlA DOCUMENT G8GS " ..." PRØJECT: S. L. County Clerk of the (Name, address) Courts Office Building ," ARCHITECT: EDB Architects TO: (Contractor) r..'\\~~ -rÖì,"..:,¡,e¿.e- G,t'-C0f ¡+,3l.., 16'5 Sv~ l4~lL, A\;I rZ . LD¡\\hr¿ i F/....~'3~·2.5' .J ARCHITECT'S PROJECT, NO: 040S03VB DATE: <:5 e:vWu'-'-Õ\t\L ifr" I 'uø'Ç¡ List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents. . (To be filled out by the Contractor and returned to the Architect.) Work Firm Phone Si te nJ'i- TOLJIk. q,Lc;vt:) Cj'Jq.. ~ q7 ~ -.:S 20'0 qS-q..A 4- 71Ó- '!:>2-£J JO Masonry T4-'if. Tòl-d#.'l.. ~~o<J.c Elec tr ical F'4s TÆ..A <.. G;?LE<---¡7( /<- 5C. /- 74 3. - 6os-::;-- HVAC \.u.c-¿¡ 714 c..... J7U> '- Vf A /¡...J rz:;../..J£i '-''-<0: 300;5""- 906 - 10000 Plumbing Roofing Painting --PAl..Þ1l;-r7Q ~.... '"f,",lu~ --:ì . / ¡.-/l2..oP~ '7.50LV·1?OJ...J!:, T ¡./ Ii: 7õ '-' ....... q-'U:J ...;,0 ]0':>- $2.-1-.J.s-~ / 774- 5(,,:z... - ð e.s :3 C¡S-4 - en,," .. J z..o ~ Stucco piJ!ó.D ..... -s 0-.1 L4-n.J¡ u f' <:/ PL A-~ r1!> ~ { 772..-61'1- ¿c¡¡( Landscaping A9u"",rJL LAJ..tOSC.40L; ..30;>- 2.:y7.. z ZoO:::.o Irrigation fi<:p\l4'ffC L4J.J.D5G.AP <- ,}ð~-2~-7 .. z,"1..2.-o (List continued on back of this sheet) AlA DOÇ.UMENT GB05 . LIST Of SUBCONTRACTORS ' APR!L 1970 £011'ION . AI:A® . © ·197,0 THEÃMERICMI I'NSTITUïE OF A~C:-IIHCTS, 1ï3S NEW YORK AVE.. 'I.W., WASHINGTO¡"¡, D.C. 20006' PAGE 1 OF 2 ~ ....., FLORIDA STATUTES ON PUBLIC ENTITY CRIMES SVV:ORN STATEMENT UNDER SECTION 287.133 (3)(N), THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement ìs submitted with Bid, Proposal or Contract No. Li\cðd~ Vß for CU?-\¿ cf T\\E, c.Où{v\, L·'¡;:::F¡CfL P<)¡LDING 2. This sworn statement is submitted by:--n\:í£. -(O(ù\'t\Z- G:;fð'.W (name of entity submitting sworn sta~ement) whose business address is: 40'S Sc...J (4~ lk Àll~- : ì:XtJ i {£ ; ¡;:L '3'3'3'ê5 and (if applicable) its Federal' Identification No. (FEIN) is Gf5 0"5 S ¿¡':SAt; (If the entity has no FEIN, include, the Socié), Security Number of the individual signing this sworn statement: SS# 6C; [\:; (j L/,!; 90 . 3. My name is p,~.J-(l.\è r-J'( is (; '£ 0 ßUI2-\:<r2~ and my relationship to the entity 4, I understand that a "public entity crime" as defined in Paragraph 287.133 (1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to. the transactìonof business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but hot limited to, any bid or contract for goods or services to be provided to any public entity or an agency or politîcal subdivision of any other state'or of the United States and involving antitrust, fraud, theft, bribery, co,lIusion" racketeering, conspiracy or material misrepresentations. 5. understand thaFconvicted" or "conviction"- as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviçtion of a p~bli.c entity crime, with or without an adjudication of guilt. in any federai or state tria! court ,of record relating tö charges brought by indictment or information after July 1, 1989, as a result afa jury verdict. non-jury trail. or entry of a plea of guilty or nolo coi1trehdere'. . ., 6, I understand that an "affiliate" as defined in Pwagraph 287..133 (1 )(a), Florìda Statutes, mearìs: .. , 8. .A prédecessor'or successor of à person conviCted of a public entity crime; Of' b. An entity under the control of any natural person who is active in the ,,' management of the entity and who has bëenconvicted of a public ·' '-' ..,¡1 ., entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are åctive in the management of an affiliate. The ownership by one person of shares constituting a controlJing interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima fade case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. . 7. I understand that a "person" as defined in Paragraph 287.133 (1) (c), Florida Statutes, means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submittîng this sworn s1atement. (Please indicate which statement applies) ;/ Neither the' entity submitting this sworn stateme'nt,nÓranyoffìcers directors, executives,'partners, shareholders, emp1öyees, membersöt""agents Who are active in management of the entity, nor any áffiliate åf tile entity have been charged with and convicted of a public': entity cril')1e subsequentto July 1'.1989,' . / The entity submitting 'thiS s~orn 'stat~me~t,':or one or ~or~ of the officers directors, executives,' partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate ofthe entity has been charged with, and convicted of, a public entity crimé'subsequentto July 1, 1989, and (Please indicate Which additional statement applies). . / Thðre ha's been a'proceeding concerning the conviction before a hearing officer of the State 'of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate, on the convicted vendor list. (Please attach a copy' of the final order) ',' / . , . i ' . .¡ The person or affiliate was placed on the convicted vendor list. There has been a subsequEmtproceedin9 beforê a hearing officer of the State of '-' ~ Florida, Division of Administrative Hearings. The finalorder entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) / The person or affHiate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the epartment of General Services). /). ·7 .... 'J J . c5 STATE OF ç:l-cf-\þf\ COUNTY OF GÇ..olÙPç\?2-G Personally appeared before me, the undersigned authority, ~f'h~:\ 6-w14' . who after fjr in9....sW~rn by; e, aff~~ his/her signature ip..tR-e space prav! ed above on ¡ l~ y of ~~ 20~.") . '\"~'; ¡.,,' , , . ~!~\'~~ ~ ~Y. i¡;:h';'r My Commission Expires: .~.: ; ..... , '..',. J, '-' ..,.I SECTION 00480 TRENCH SAFETY ACT COMPLlANèE STATEMENT' Project Name Project Number Project Location CLERK OF THE COURTS OFFICE BUILDING See Plans Instructions: Chapter 90-96 of the Laws of Florida requires all contractors engaged by St. Lucie County, Florida to comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide compliance cost information where indicated below. The costs for complying w¡th the Trench Safety Act must be incorporated into this project's base bid. See=: éJ~o Sp='C/.{¡C.4-hoYJ:S Sec-TtoY1 OO}oo) :Z.ò ¡) ¡::. Certify this form in the presence of a notary public or other officer authorized to administer oaths. 1.0 Certification. 1.1 I understand that Chapter 90-96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at, all trench excavatjons in excess of five feet in depth for this project. be: 1.2 The estimated co'st imposed by compliance with The Trench Safety Act will it ! D ¡ OÙO , Dollars (Written) (FI'g/,)res) íéuJ ílkL::;A-l'.Ji) ,Pc.w...A-iLS 1.3 The amount listed above has been included within the Base Bid. ît+t:: ICliJ't: f2(~f..C (Jf I J-rJ~: " (Compeny-Contractor) Certified: By: ANTI-\ C¡,J''f ßU(CI;'<E {President's Typed or Printed Name} 2.0 Notarization. , Sworn t07ì!)nd bscrìbed before me in ~.~;,~~~s1§~'qs~~,t~J Florida on the Î .\'1., day of I /Î!Î .", 'ì>;,J, """">, "'/ '~'., /" "'~'--r:: \ (2 "" C 20 '. /l; / / / ß' ,··0~:\,'i~SIC;í:',<:~~:>"~:" x'{- i n"'I:n:: \'- , '-, / ,;.~ .' '0 "\J"" ,0_. C_~_". ;;: ..-'"".... -; ! / / .";,;:- ()~.$."':.p." "~-:)~;;¿,lSs ~. / . "'" 'ù "", ^ ._ I I '... -"\".. (¡ ("'-j --~. - '""- NotaryPublìcl , / :EI~1'xseal)'-"-""r 'i:io"'L_ª r 4..1 )~I I / .... '0;' RO,',""_ ,0:7 My Commìs ion ~xpir~, I ~;,';~i~\{:; ";:~."¿~'~~/~ ,~,/,:~:,f 00480~1 /~\ /\ ,'" " ,^ " ,"If..· ," . ,,, ". ~-" ~ "-- :.~:::,~:~~~.-~t:~·{~r.'~:"';" .~'\,,::I':.,'-~ ;r/..(..-,. ¡,'-' ~':\~-'jj,""'Jç: ;~.. 0<3';J.,5/2005 14: 13 FAX 3055Q19774 j.. -~. TOWER GROUP @003 <.',"-.--.., "'" ...."j SECTION 00410 BID BOND , The Tower KNOW ALL MEN THFSE PRFSENTS, THAT WE Group, Inc. as Principal, and Travelers Casualty and'~urety ~ompany . of ámerièa as surety, are firmly bound unto the Board of County Commission:rs, St. Lucie County, Florida, herejnàfter called the Owner in the sum of Five Percent of Amount Bid dollars ($ 5% ) being 5% ofthe attached maximum bìdamount of Five Percent of Amount Bjd dollars ($ 5% , , the paymeht of which sum well and truly to be made, the said Principal and the said surety, . . , bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for CLERK OF THE COURTS OFFICE BUILDING based on the contract documents prepared by EDB Architects and Assoc. NOW, THEREFORE, if the Owner shall accept the bid of the Principal and the I . ' Principal shall enter into a contract with the owner in accordance witJ:¡ the terms of such bid, and give such 100% Bond as specified in the Contract Documents with goad and sufficient surety fOf the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the, event the Principal fails to enter such contract and give such bond or bonds, if the Principal shalJ pay to the Owner the difference not exceeding the p~nalty hereof between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another p~rty ~9 perform the work covered by said bid, then this obligation shaJl be null and void, Ç¡thervVise to remain in full force and eff.~ct. Signed and sealed this 6th day of September 2005. By: j)/ / F Travelers 'Casualty and Surety comprf America , By: ~i7Z-/ Charles J. i Ison, . Attornèy-in-Fact The Tower Group, Inc. /1 4--:-- ~7 00410-1 "'i::¡\jU U¡- ::icL IIU¡,r' -- ~LERS CASUALTY Ai."1"D Sù'RETY COMPANY OF AMERICA ....., TRAVELERS CAS"UALTY AND SURETY COMPANY FARl\iIINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POW"ER OF ATTORNEY ANn CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF MIERICA, TRAVELERS CASUALTY AND S1JRETY COMPA.NY and FARMINGTON CASUALTYCOl\oIPANY cOrpoiati9ns!Ìuly organized under the laws of the State of Connecticut, and having their prllÍcipal offices in the City of Hartford: CC11iÌlty. pf Hartford, State of Connecticut, (hereinafter the "Companies") hath made, èonstituted and appointed, and do by these pie~entS ¡pake;constitute and appoint: Charles D. Nielson, Charles J. Nie1son,Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, David R. Hoover, of Miami Lak~s, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, exeC1lteand acknowÌedge, at any place within the United States, the following instrurnent(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)- in-Fact, pursuant to the authority herein given, are hereby ratified andconfi=ed. This appointnient is made under and by àuthority of the following Standing Resolutions of said Companies, which Resolutions are now infu1l force and effect: VOTED: Th.at the Chainnan, the President, any vice Chairman, any Executive Vice Pre:jident,any SÇIJÍor Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or .any Assistant Secretary may appoint Attorneys-in-Fact and AgentS to· àct for a¡¡d on behalf of the comparÌy and may give such appointee such authority as his or her certifièate ~f authority máý prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, a¡¡d any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, a¡¡y Executive Vice President, any Senior Vice President or any Vice President may delegate áu or any part of me r~regoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, . VOTED: That any bond, reco~anc~, contract of indemnity, or miting o1:¡µgatory in the nature ofa. bond, reco~ance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Ch¡¡irman, any Executive Yi~e President, any Senior Vice President or a¡¡y Vice President, any Second Vice President, the Treasurer, any Assistant Treasurèr, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a mitten delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authoritýof the following Standing Resolùtion voted by the Boards of Directors of TRAVELERS CASUALTY Ái.'ìD SURETY· CO:MPANY OF AMERlCA,TRAVELERS CASUALTY AND S1JRETY CO:MPANY and FARMINGTON.CASUALTY COMP ANY,'which Resolution is now in fun force and effect: . . ," VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to a¡¡y power qf attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purp(Jses.òp1y of executing and attesting bqnds and undertakings a¡¡d other writings obligatory in the nature thereof, a¡¡d any such power of attorney or ¿htificate bearing' such facsimile signature or facsimile seal shall be valid and binding upon the Company and a¡¡y such power so executed and certified by roch facsirWle signature a¡¡d facsimile seal shall be valid and binding upon the' Compàny in ·the future \Vith respect to a¡¡y bond or undertaking to which it is attached. . IN \VITNESS wllEREOF, TRAVELERS CASUALTY .~l''¡:D SURETY COMPA.i.~Y OF lù\1ERICA, TRA.vKLERS CASUALTY A..~"'D Sl"RETY COMPANY and FARMINGTON CASUALTY COMPAt,,'Y have caused this insLlllllent to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of July, 2004. STATE OF CONNECTICUT } S S. Ha...rtford COUNTYOFIVŒTFORD " ."."'."'~ ~~$l/BQ). 1'J'f:1:' ~ (~\' ··~I~~ TRAVELERS CASUALTY A-1ID SURETY COMPANY OF AMERICA TRAVELERS CASUALTY A..1ID SURETY COMPANY FARNITNGTONCASGALTYCOMPANY /~--~~ ,., - By . George W. Thompson Senior Vice President On this 12th day of July, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say:. that he/she is Senior Vice President of TR.o\.VELERS CASUALTY A.'riD SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY CO:L\1PANY and FARMINGTON CASUALTy COMPANY, the corþonitions describ~ in and which executed the above inst:rûment; that he/she knows the seals of said corporations; that. the seals affi.iœd to the said instrument are such corporate seaIs; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 'r<\~ ~~.'.. My commission expires June 30, 2006 Notary Public Marie C, Tetreault CERTIFICATE I, the' ~dersigned, Senior VicèPresÙlent of TRAVEL:ERS CASUALl'YAND SURETY COMPANY OF AMERICA, TRAVEL:¢fu; CASÙÄLTY AND SlJRETV coMPÀNY andF~GTON C.<\.5ùALTYCOMPANY;iitöëkëõrporat1onsof the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions Df the Boards of Directors, as set forth ht the Certificate of AuthDrity, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 6 th day of September ,20 05 .~~....~ ·~"'.~~f)·"'.i.. .. ~~ ',,;r-~?~ . ,- .il:'+..~i~~~ BY~· ."(/, Peter Schwàrtz . Senior Vièe President '-" ....., ... ... .. - - '-' ....,j ¿}12íGliJ1i¿ /3;)) 5ÙPI71fr7A¿ SECTION 00300 - BID PROPOSAL FORM: Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 Paul Jacquin & Sons, Inc. (Bidder's Company Name) Includes A.I.A. Form G-805 (List of Sub-Con tractors- Copy included at the end of this section), Section 00410 Bid Bond, and Public Entity Crime Statement (Copy included at the end of this section). I have received the documents titled "CLERK OF THE COURTS OFFICE BUILDING". I also acknowledge receipt of Addendum listed on page 2 of this section and have included their provisions in my bid. I have examined both the bid documents and the construction site and submit the following bid in which I agree: 1. To hold my bid open untÜ an agreement has been executed between St. Lucie County and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or until 90 days after bids are òpened, whichever is longer. 2. Regarding the Disposition of Bid Security: To accept the provisions of the Instructions to lhe Bidders. ) 3. To enter and execute a Contract on the basis of this bid and to furnish a 100% Public Construction Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than ODe (1) year, if this bid is accepted. 4. To accomplish the work included in, and in accordance with the Contract Documents, if this bid is accepted. 5. To start work within ten (10) calendar days from the date of the Notice to Proceed and thereafter to complete the work within 540 consecutive calendar days, unJess the time is modified by provisions of the contract, if this bid is accepted. 6. Regarding Compensation for the proposed work: if this bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule on pages 00300-2 through 00300-4 of this bid fonn. 7. Regarding the Award of the Contract: ifI am awarded a contract for this project, I understand that the award may be for all or any portion thereof of the items listed under lhe Bid Unit Price Schedule. "Revisl Attachment #2 \..of ...., The bidder prGpGses and agrees, if this propGsal is accepted; tG CGntract with the Owner in the form .of the CGntract specified; ta furnish all the materials, apparatus, transpartatiGn, and labar necessary ta cGmplete The Project knaw particularly as: CONSTRUCTION OF: CLERK OF THE COURT OFFICE BUILDING NOTE: The on-site parking reconfiguration and the office building are included in the overaU project scope and will be referred to as a single project tG be constructed in full and complete accard with the shown, noted, described, and reasonably intended requirements of the plans and specifications, and contract dacuments; ta the full and entire satisfacti.on .ofllie principals or duIy authorized representatives .of the Owner. The BidderlProp.oser agrees that the price stated below is t.o cover all expenses incurred in performing the wark required under the c.ontract dacuments. Bidder ackn.owledges receipt of the foÌl.owing Addenda: Àddendum 11 1 August 16, 2005 Addendum II 2 August 23, 2005 Addendum II 3 August 30, 2005 Addendum II 4 September 2, 2005 This project requires a separate unit price for the work as follows in words and figures: ' 1) Price far Site Work including clearing, demolitian, grading, paving, drainage, ROW improvements, walkways, pavers, planters, curbing, dumpster enclosure, landscape and irrigation systems at the primary building site: One hlli1dred sixty thom=;;=mò dollars and 7prn cents $ 160,000 00 Price for the five story Office Building: (Include the cost .of the generator and , associated generat.or equipment, electricallabar and materials) . ~j,O.. (') , 1/ ,J " ¡,. /1 :5:¿/cnJ<'!.>lUIl~?'-'d'~,;:)'Z.<'~c/ iJV-1t! ¿.r;;¡/I,èE7 11h¡-er'......~ ,~- do ars an cents 2) $13)~¿;¿;Q I "Revised 00300-2" 7 June 2005 '-' 'WI 3) Price for the complete sky bridge, including fabrication, foundations, column structures, delivery, installation, finishing, and sun-control awnings: (NOTE: AlC, S.AT. ceiling and electric shall be included in item #2). (NOTE: Raised access floor assembly shall be included in item #5). Two hun~ed thousand : 1-' dollars and zero cents $ 200.000.00 4) Price for the Generator Building and fence enclosure: (No equipment or electrical) 'T'\,n J:1llIvìrPCl pi r):hty t-hnll~"'nrì dollars and zero cents $ 280,000.00 5) Price for the complete installation of the "Tate" underfloor access system including pedestals, decking, carpeting, accessories and trim. (Underfloor Electrical and Mechanical systems and trim are to be included in line item #2): SiX r1llnrìrPCl fnrty t- hnll ~'" nrì dollars and zero cents $ 640,000.00 6) Price for the complete installation of the Relocatable/Demountable floor to ceiling Partitions, including the windows, doors, and glazing in each. (Partitions as located on the Interior Design Sheets, windows as called out on the schedule on Sheet A-22, and doors in 2" aluminum frames as called out on the SP-2 through SP-5 sheets.) 'T'\.lQ :h"nrlrpn <:: i yt-y t nnll ~;mrì dollars and zero cents $ 260,000.00 7) Performance, Labor and Material"Payment Bonds for entire project: cents $80,000.00 Eiqhty thousand dollars and zero 8) Project Allowance for all interior window treatments at a lump sum price of Sixty thousand dollars, to be included in the Base Bid. $ 60.000.00 9) Project Allowance for Work Directive Changes as Reviewed, Authorized and Approved by the Owner at a lump sum price of Two hundred thousand dollars, to be included in the Base Bid. $200.000.00 10) Project Allowance for BuildingPennit Fee, to be included in the Base Bid. $ 20 000.00 "Revised 00300-3" 7 June 05 '-' 'will TotaJ Base Bid (Including the cost of items #1 through #10 above) (Written fonn) +J....JC Mt-iv{, . ~ -- '~.c<' /. ¿J 7é-t/d~eÆ"1 ~llar~ '-tf:¿CGz~ét.-d'· 71r and QC) cents. (In Figures) $ II / '2/7. rí'Jtn I 'I -- ADDITIVE ALTERNATE #1: Provide the Concrete Tiles called out on the drawings and in Spec Section 07325, in lieu of "fanned metal roofing panels with stone chip fmish" as per Spec Section 07512: Add Seventeen thousand dollars and 7:prn cents $ 17. nnn nn This proposal may be witþ.drawn if a written "Notice to Proceed" is not issued to the Contractor by the Owner, within ninety (90) consecutive calendar days of the bid opening. Respectively Submitted, ( DATE: September 7. 2005 Paul JacqJJin & Snns, Tnr C ontractor/Corporatian Seal CGC 060473 FLORlDA CONSTRUCTION INDUS1RY LICENSING BOARD REGISTRATION OR CERTIFICATE NUMBER "Revised 00300-4" 7 June 2005 "'LIST OF SUBðwNTRACTORS AlA DOCUMENT C805 ""'" PROJECT: S.1. Coun ty Clerk of the (Name, address) Courts Office Bui lding ARCHITECf: EDB Architects TO: (Contractor) rpaul Jacquin & Sons, Inc. I P.O. Box 4343 Fort Pierce, Florida 34948 ARCHITECT'S PROJECT NO: 040S0JVB DATE: September 7, 2005 L .J List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents. (To be filled out by toe Contractor and returned to toe Architect.) Work Firm Phone Site Carlton Paving (772) 461-6857 Masonr Doyle Masonry (772) 464-2378 ~ Electrical Fastrac Electric (561) 743-8055 HVAC Grimes Heating & Air Conditioning (772) 461-8711 Plumbing Triple K Plumbing (772) 461-6662 Roofing Property Solutions (772) 562-8853 _n Painting Tubito Painting (772) 879-3911 Stucco Pedersen Lathing & Plastering (772) 879-3911 Landscaping Coastline Landsca,ping & Maintenance (7710 223-7318 Irrigation Coastline Landscaping & Maintenance (772) 223-7318 (List continued on bacJ of this sheet) AI~'9þÇUMENT GBOS . LIST' Of SUBCONTRACTORS . APRIL 197.0 E¡:;''f.JO¡'¡' .AiA® ~ @ ~97.0 THE'ÀMERICÂN .INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON,O.C. 20006 PAGE 1 OF 1 '-' ...., FLORIDA STATUTES ON PUBLIC ENTITY CRIMES SWORN STATEMENT UNDER SECTION 287.133 (3)(N), THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. 05-089 for Clerk of the Courts Office Buildina 2. This sworn statement is submitted by: Pan} Jacauj n & Sons. Tnr' entity submitting sworn statement) whose business address is: p() P,nv 4'\4'\, Fnrt- Pi "'rr", a 34Q"8 and (if applicable) its Federa(ldentification No. (FEIN) is ')g-1640441 (If the entity has no FEIN, include thè Social Security Number of the individual signing this sworn statement: SS# (name of 3. My name is Michael Jacquin is "i r", PrA",i 0",nt and my relationship to the entity 4. I understand that a "public entity crime" as defined in Paragraph 287.133 (1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to, the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provìded to any public entity or an agency or political subdivision of any other state or of the United States a"nd involving antitrust, fraud, theft, bribery, collusion," racketeering, conspiracy or material misrepresentations. 5. I understand that "convicted" or "conviction"as defined in Paragraph 287.133 (1 )(b), Florida Statutes, means a finding of guilt or a conviçtion of a public entity crime, with or without an adjudication of guilt, in any federai or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trail, or entry of a plea of guilty or nolo contrendere. " 6. I understand that an "affiliat,e" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: a. A prêdecessor or successor of a person convicted of a public entity . Crime; or' b. An entity under the control of any natural person who is active in the "management of the entity and who has been conviCted of à public '-" ...I entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. " 7. I understand that a "person" as defined in Paragraph 287.133 (1) (c), Florida Statutes, means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) X· " Neither th'e entity submitting thís sworn statement, nOr any officers directorß, executives,' partners, shareholders; employees; members bra"gentsWho are active in management of the entity, nor any affiliate of tne èntity have been charged with and convicted of a public entity'crimesubsequent"to July 1, "1989. . . '.. . , . " " . The entjty submitting this sworn statement,'or one ori-no¡-e ofthe officers directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has beefl charged with, and convicted of, a public entity crime subsequentto July 1, 1989, and (Please indicate which additional statement applies). There has been a proceeding concerning the conviction before a hearing officer of the State "of Florida, Division" of Administrative Hearings. The final order erltE:ired bý the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding beforè a hearing officer of the State of ~ ,wi Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the epartment of General Services). Æ //ì). '11M: i Sig Date: l STATE OF COUNTY OF Florida St. Lucie Personally appeared before lì)e, the undersigned authority, ~1ichael Jacquin . who after first being sworn by me, àffixed his/her signature in the space provided above on this 7th day of ~pnt-pm"hPr , 20..-æL. . f\ ~LLJ\~~ \)\)t~ Notary Public, State àt Large My Commission Expires: 4/14/07 "'" '''0 Alyssa F poole: . r..'.. i My Commission DD177842 ~",¿1"o;> Expires ApnI14', 20Q7 au' ;. ~ -...I SECTION 00480 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name Project Number Project Location CLERK OF THE COURTS OFFICE BUILDING See Plans Instructions: Chapter 90-96 of the Laws of Florida requires all contractors engaged by St. Lucie County, Florida to comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this project's base bid. 5e~ aI$O '$recl-tìc-q'-hoy¡~ Sec-tlt:iy) 00100) ;Z.ol) ¡::. Certify this form in the presence of a notary public or other officer authorized to administer oaths. 1.0 Certification. 1.1 I understand that Chapter 90-96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project. be: 1.2 The estimated cost imposed by compliance with The Trench Safety Act will $ø.OO Dollars (Written) Zero Dollars (Figures) $ 0 .00 1.3 The amount listed above has been included within the Base Bid. AI~lt I¡J V~; 'I . / I \ Vlce i ( ro""G ~."'"Œ) Paul Jacquin & Sons, Inc. (Company-Contraclor) Certified: By: ..... _Michael Jacquin Vice (President's Typed or Prinled Name) 2.0 Notarization. Sworn to and subscribed before me in St. Lucie County, Florida on the 7th day of Sept. , 2 0 -º-5.;~ r-', (\ /' i '\:, \ ;) 11 \ . ! - j. r ..r"'- . . 'T;\ , Notary Public: . /\..)ci (. 'Vt,-: f'[; [I~''--- .~ '\ ~ - ~ My Commission Expires:. 4/14io7 #' 'i'\ Alyssa F Poole R~ . My Cömmi.sion D0177842 (åf/' I<i~ ~..,.¡f" E;(pires April 14. 2007 00480-1 ,09/1<1/2805 12: 1<1 ~72<1552805 '-' JACQUIN AND SONS PAGE 02 ....I l£s.t~shed 10,.11\ L.J-_,U . _ -. rt '11 n ~ ~ \:- "1. .... -- -- J""- Paul. . n &- -- Q- ~Oh~ - ...~ ~T inc. Commercial Industriai Rpdrl..nt1u}-1 September 14,2005 S1. Lude County _Purchasing Department Atm: Edward Parker 2300 Virginia Avenue Fort Pierce, FL. 34982 Re: Protest of Bid A ward (Bid # 05-089) I am protesting the award of bid # 05-089 St. Lucie County C1erk of the Courts Office Building. It is my understanding from Daniel McIntyre, the County's Attorney, that the Purchasing Department is recommending award of this project to the $econd low bidder <md considering Paul Jacquin & Sons, IDc.'s low bid to be nOn responsive on the bases of nor-providi1:Jg a bid1ð.!}d. My understanding òfábiðòond is a document that ex.p.re$$e$ the bid submission by an entity wiJJ provide a Perform,mEé and Payment Bond (as required with all public work) to complete said work fort1ii::'amount of the bid. It was Paul Jacquin & SODS, Inc., expressed i.ntent at the time of bid submission to provide a Performance and Payment Bônd per the n:qu¡rçmç:nt~ 9fthe bid documents. The Performance and Payme.nt Bond will be executed at the same time a contract can be approved as outlined in the documents. The attached letter from Florida Surety Bonds, Inc. shows approval of Paul Jacquin & Sons, Tnc. for a Perfmmance and Payment Bond fOT tl1Ís project. .. Based on the information above Paul Jacquin &- Sons, me. is requesting a œvised recommendation to the Board of St Lucie Commissioners approving our bid submission. If you have any questions or comments please do not hesitate to call. ~Ïþ¿ U~~1-.!L1 ~~ ~"',.u'!lo<H~!:....¿'~~'i~.:'.ll .-V-i-c?-Pre~t 1>:0-: BOX 4343 '.' Fort Píèfte, FT6Öi;fa 34948~434.3.-' Phone (772) 465-2475 . Fax (772) 466-2806 rÎlr (\{'!.'J"'"1'nc,¡ ..............."" V"\J4 ¡;., I \....~ £"'r'..r" A<:L.LAn r<r'r" r...cnA...," .......v........ VJ"J.'U-rJ' '-...'\J"-.. \.luu""t;:J '-'r'.r'I 1 ~<"I."'J^""/ '-\J1....- ,1. J'J J 7,:)'4) CCC 056636 Attachment #5 09/14/2005 12:14 724552805 '-' SË1</i'-B-Y: F1DA-IDA-StJRETY BCMJs;· JACQUIN AND SONS PAGE 03 'wi 4ÖT 78B' 77ff1J; S~P-13-05 4 :OºÞM; PAGE fIt· ~.. - ¡,E.'Ä ~ : ~'. IrJllJh~llIA L..:F - - - - -. "' I\..:" 1'1 no r-r'l. I !JIU 1"'( t. t·y·· I I / I IDli - i ,- -;~-.. ---..- ¡UjOÎ~(]S~ I NC. . ""-/'. , 4 ì 7 CFl;lll/ï'o,'m GlidE. SIIÏ1" J 70 J AiTM10NIF Sp~¡NG;, fl ~ 270 J 4ô7-1M-T/70 fAX 407.7ð6_1766 6ô8'78ó~aQNï) ((:661) F~x ôöö-7 i ô.BOND (lóõ;j WW'\it .fkmt<ir\SURkïyBONd"\. COM - September 13, 2005 Fu1clr1!!!m! DerntfUi ,,,"}! St. Ludê~oul).ty COlhmikilln 2300 VUginiaJ\j'e n~ Fort Piercc, fl~ 34m Rc,; PãuI Jacq\.th:h~ 'Söng, tr¡Ç.' &'Clæ", Ofrhe CO!1~M~HÞ Proj~cr Dear Sir/Madam, --, Wt" -are the hnnding agents for Pául'1åequio .& ,Sons) ~nc.~ B?!1dg are curr~nt!y wntten through Travelcrs ~ Casußhy and Su~ty Company of ^m_~ç.,J... which Is Bes! .Eh~ ",¡. þ",:t-, XV and TreßSury Listed "3.t S&7.-G47l000. We have investigated tbeir pe¡fo.rm~~ refcreDccs and fina.T1Cia! capabIlities ~nd iU:~ -Sw~ that j"Gü would be pt~ed w¡tTtfi~fusgnfnifq:aDl.itY inátiiw:!inclJlJ of any p...~jecl j'Vü would ¡¡;:¡"iil"d to îhem. Paul Jacquin &. SOI1~, Inc. bave J1'!~IJY yra,r:¡ of expeIitnœ ~'1d, have ma..ïaged a wide variëty of projects. Weare pieased to recommend mem. We would antícipate no difficul1ie~ it) providing P~rfO!"J'!'!~nJ.:!: -:u:'.d Paym~.,t 1X.n··~8 fur $1 L2 miHi-øn fûr {he Clerk--ofthe(?ollrt Office BYndhIg-pIDj~ct. Àf1y ~..ol"A~';"'Ou!d be gubj~ct to a .wv'¡J;W 171' C¡;¡¡Îi"lict pmyi8ÎôM--:'3t ~w .'. arcaud·ucstbmOOPa-:·'J·'· "~. T . ,,-1,1"-- h . J ..I h· e----a:æ-pro to serve-· __W ~_acqU¡IJ-« ~on~j _"$.., _.;;"..-.....-Ou.!!_y-QU~~~~y ques:tJ-vIì5, pJcasc \,. v üût 1. eSl{ate to GQ!'It:tct ~'J+ smc;~y;· /1-~ - ~~:t;:~ ~~~() i. Reich < - Vi",,,, Pi~ítlëTI.t '--' ..." DIVISION 1, GENERAL REQUIREMEl\ilS . SECTION 00100 INSTRUCTION TO BIDDERS AND BID NOTES PROJECT: CONSTRUCTION OF- CLERK OF THE COURT OFFICE BIDLDING This building shall be located at the Southwest comer of Indian River Drive and Atlantic Avenue, Downtown Ft. Pierce, in S1. Lucie County, Florida. Hereinafter referred to as The Project. OWNER ST. LUCIE COUNTY COMIHISSION DATE PREPARED: 17 JUNE 2005 1.01 INSTRUCTIONS TO BIDDERS A. Sealed bids, subject to the conditions herein, will be received by The St. Lucie County Purchasing Department until 2:00 P.M. Wednesday, 07 September, 2005 in the S.L.C. Administration Building, Purchasing Department, 2300 VirgiIÚa Avenue, Ft. Pierce, Florida, 34982, and at that hour opened and publicly read, for furnishing all labor and materials and performing all work connected with the project. e 1f B. All bids shall be placed in an opaque envelope, sealed and addresssed to St. Lucie County Commission, Purchasing Department, 2300 VirgiIÚa A venuc, Ft Pierce, Florida, 34982. Identify the the envelope with: (1) Project Name, (2) Name and address ofthe Bidder, and (3) Bid Number. ..submit one (1) original and two (2) copies of bid in accordance with the Invitation to Bid:rAll forms required for responsive bid shall be included, i.e. Bid Form, Bid Bond. A.I.A. Document G805 and Public Entity Crimes Statement. The name ofthe project is: (Construction of Clerk of the Courts Office Building). Bids shall be made on unaltered Bid Forms included herewith under Section OOJOO.Bids shall be signed with typed or printed name below signature. Where bidder is a corporation, bids must be signed with the legal name of the corporation followed by the name of the state of incorporation and the legal signature(s) ofthe officer(s) authorized to bind the corporation to a ConÚac1. C. All bids shall either be mailed or walked in, to the submittal location stipulated above on or before the aforestated time and date. An agent for the Purchasing Department will open and read aloud all the bids received on this date. All bids received after 2:00 P.M. of the day specified above, will be rehlrned unopened. D. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications and contract documents pertaining thereto, as prepared by Edlund, Dritenbas, Binkley Architects, P.A., 65 Roval Palm Pointe, Suite- D, Vero Beach, Florida 32960, Phone: (772) 569-4320. . 00100-1 Attachment #6 '-" . "wII Dept. of Central Services Roger Shinn - Director Phone: 772-462-1432 Fax: 772-462-1444 Memorandum Date: September 23, 2005 To: Ed Parker- Purchasing Director Cc: Roger Shinn, Don Mdam Greg White, Project Manager, Central Services JlLJ From: RE: Bid #05--089 Clerk of the Court Office Building Upon review of the bids it has been determined that the apparent low bidder Paul Jacquin & Sons, Inc could did not provide a bid bond as required by the bid documents. According to the bid documents, section 1.01 item F on page 00100-2, "A Bid Bond, Cashier's Check or Certified Check must accompany each bid and be properly executed by the bidder and by a qualified Surety in the sum of not less than five percent (5%) of the total amount of bid, made payable to The SI. Lucie County Commission" of which no bid bond was provided by Paul Jacquin & Sons at bid time. Therefore, the bid from Paul Jacquin & Sons is classified as non-responsive and shall not be considered by Central Services. Central Services is in total agreement with EDB Architects letter entitled, "Comments on Bid Results" dated September 9,2005 (copy attached) and is recommending the same action be taken. It is Central Serviçes recommendation to award this contract to the second lowest total base bid submitted by David Brooks Enterprises, ¡nc in the amount of $11,863,000.00. Please prepare the agenda item for approval by the BOCC St. Lucie County. Attached you will find a copy of your tabulation sheet for reference. Based on references and voice interviews with other owners regarding past projects and performance of David Brooks Enterprises, Central Services is confident David Brooks Enterprises can deliver a excellent, quality building to the county. Attachment #7 ß' . .--:c- . ",;""" II.. .... .. ' , ~ . EDLlJ.ND ,DRIT. ENÍ3AS .SJI'\!KLEY ARCHITECTS ANDASSOCJATÈSJP.A. ,. ' . 'WI ," '. .' .' - '.. .'. . . .M?rnbers o"f the Ams:,ic2n Ins.tit.ute of'Architao~s . . " . AR# AACOÒ0886 ' . 09 September 2005 _. .. .' . . To: 'Mr.. RogèrShinn, Din~ctotofCèntralSe~vices .. 23ÓO Virginia Avenue.' Ft.Pierce, Florida 34982, Re: StLucié' County Clèl~S of HIe Courts Building Corr¡ÌIlen~söij J?ìd,R~sults' CR.e" Bi d)' ArchitèctsComm. #0405'03VB '. 'DearRog~r; . QnWednesdåy,7Septembèr 2005,SLbPurchasingÐépàrtmentr~é~iìfed bidsforÜ~eri¿wçì~ikofthe·· COl:L.'i Office Building. Three GeneralContractors su]:)pjittedbid;sprior to .the 2,:,00- pm dead¡Ìne;, Th~y were:· -- . '. . "." . "',' 1) 2) 3) PaulJacquÜ:. an,dSons· :Qavid' Brooks ,EhterprÜ;es . The Tovv¡oi Gr!:nlp ,$11~217,OOO.OO ' '$11;863;ÜOg.OO .. . .' . $12,531 ;993,00 " .(10.5%.spxeádf¡ori{,higJ,1.IO]åw). Theaírparent lowbidder W~sPSlllUàcq1lÌn aiidSohs,'howeye~.thè 1ac1( of tJl(~ rèql1ir~qßid.Bopd-.' , ''',.vithinth.e,ir SUbllll."'ttaftënder,s. th.em' a,..nbn. ~re. sp0l1siv.e'.bid.·..der...iDere£.Q.r,..'E.~.B..·Ai.' 'c...m,tec. t. s's.....ìs. h.·'..·~.r.èVn.',;.t...h recoilllllt)nging ~wärding .iliepro]ecttoDavid Bi?okSEiiter:ppses0u{ ofPàlm Beacl1þáJ:derî~;'EI/jF the ¿il101lntpf $ i 1,863;00'0.00.' (,'1m~conštrùctstl1ç; 57,096S,·F:.builaiiíg for $2Ö7.7:7per.S,F),·, . '.', . . ' . - _. ,'" ",''''. .... ..". " . . .: ...' . . ':. . . . .' '.. " " F, . ~ ;' _:,., .. ., . "..' TIle piojE;ç.thasbeen reviewed by the BuilC1iiig Departinen~ aI-idïhyir cOlyjrÌentshave beeri fully.' '. addiéss.ed,the EiT~ Marshall is how conîp1etirighis reVIeWS? 'thBBlÎiidifigler0if~~ þè i~le~s~51. We reviewed the projéct on two 'sep~rate occasions with Tony.Lierito during theDesigri Development 'Pbåsè so'we: can only hope:his fm31 comments areIimited in ~atui:e.: ., . . .. A copy of the iDitial bid reslùts of 14 April 2005 ,is attéìch~~ fot'comparisonpurp.o.ses. Keèþin rÄiJ;id' the original bid included theEastParkÏng Lot with a value of appÌoxi+vàtçlý$?Op;ÒOO:OO>:'Ib.~ re--JJ.id ' does not ipcllicle tlie East Parking Lot. It is bèjiigconstp.lCted with a different ëontractóÌ'at>tlµs~ìi:ne: ' Should you have any questions plea~e don't hesitaktocall me.,,·· - . '.. ~J. _ au I U. Dritenbas, A.Ichitect, A.LA. C:04D50~VB.doc!paul, 85 Royal P21m Point2, Suit2 D, VeC'o Beach, -FL32980 Verc Seach 772/569-4320 [Jeerfield Seach 954/429-0998 Fax 772/569-9208 pax 954j421-8269 ' /" ,:.,/ ? '-' / // / / SLC CLERK OF THE COURT OFFICE BUILDING INITIAl, BID RESULTS FROM 14 APIUL 2005 1) Team/Marle Construction $10,922,972.00 2) Paul Jacquin and Sons $11,116,000.00 3) Siltek Construction $11,290,910.00 4) Hedrick Construction $11,775,000.00 ~ C:040503VB.doclpaul ., '- 'WI BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PAP,f\EP., CPPG DIREGOf\ September 26, 2005 CERTIFIED MAIL Michael Jacquin Jacquin & Sons, Inc. P.O. Box 4343 Fort Pierce, FL. 3498.2-4343 Re: Rirl Prnt"c:t - St Lur-¡e í'O'lnh, P¡rI # n¡::;_npo _ <::t I ·u""¡" í',.." ",h, í'ler[,- ,...f ................ I . .......~.......'-'.. . ....... '-' '-A11I'J L-'I'-I V'-J '--'vv '-'.... 1-- vn...... ,,-",VUI ."'y \,..IJ If'\. UJ the Courts Office Building Dear Mr. Jacquin: This is in response to your letter of protest dated September 14, 2005. I consulted with the County Attorney and the County Administrator in accordance with the Purchasing Manual, Section 7.7 (A) Right to Protest. This letter is to inform' you that a decision has been made by County staff to uphold your protest. A recommendation will be made to the Board 0 f County Commissioners to award Bid #05-08.9 - Clerk of Court Office Building to: Jacquin & Sons, Inc. Please note that other bidders may protest this decision. If you have any question, please contact me at 772-462-1700. Sincerely, / z ß¡J} £ ~~~L Ed Parker, CPPB Purchasing Director c: Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney Roger Shinn, Central Services Director Paul Dritenbas, Edlund, Dritenbas, Binkley Architects & Associates JOSEPH E. SMIïH, Disrrlc; No.1· DOUG COWARD, DisITic; No.2· PAULA A. LEWIS, Discncr No. J . FRANNIE H Counry Adminisiroror - Douglas M. Anderson 2300 Virginia Avenue . Fori Pierce, FL 34982-5ó52 . Pno( FAX (772) ¿ió2-1704 . TOD (72) 4ó2-1.1: web siîe: www.co.st-iucie.fl.us Attachment #8 '- ...., BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR FAX - NO HARD COPY TO FOllOW September 26, 2005 To: The Tower Group, Inc. David Brooks Enterprises Paul Jacquin & Sons, Inc. Letter of Intent BID #05-089 CLERK OF COURT OFFICE BUILDING To Whom it may Concern: At the next Board Meeting, based on Staff recommendation, the Purchasing Department will request the following action by the Board of County Commissioners regarding the above referenced Bid: Action: Request permission to award the Bid to: Paul Jacquin & Sons, Inc. The Board of County Commissioners meetings are held on Tuesday. Please refer to the County website at www.co.st-Iucie.fl.us for meeting information. Failure to file a written protest of this action, in accordance with Section 7.7 of the St. Lucie County Purchasing Manual, shall constitute a waiver of the right to protest the award. Please refer to the County website at www.co.st-lucie.fI.us. Sincerely, /);P I ç~~ Ed Parker, CPPB Purchasing Director EP/jc Attachment #9 JOSEPH E, SMITH, District NO.1. DOUG COWARO, District No 2 + PAULA A LEW;S, District No.3. FRANNIE County Aòministratcr - Douglas M. Anderson 2300 Virgini2 Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 websitp.: INWW r.n s~-I1U~jA f1 IL':; ·Øg/2S!2805 15:38 r=~'5259980 DAVID BROOKS ENT PAGE 01 \w' ., ~~ I 9000 Burma Road,Suite 101 Palm Beach Gardens, n 33403 561.626.9960 Fax: .'i61.626.9980 ~ Mr. Ed Parker,ews- - Purchasing Oirector, S1. Lucje County 2300 Virginia Avenue Fort Pierce, FL 34982 Via Fax: (772) 462-1294 Re: Bid #05-089 Ctef ¡¡ of Gollit'Office-BuHding: Dear Mr. Parker: We-are-in receipt of your correspondence indicatrng your intentto award the referenced bid to Paul Jacquin & Sons, Inc. Please let this letter serve as Ql,Jr notice of protest of the-intended award-ptlfSUanttcrparagraph 7 _ 7.a of the S1. Lucie Coynty Purchasing Manual. We deem the proposaJ-stIbmifte<tbyPaur-Ja'cquin and Sons to be materially non- responsive for a number of reasons, among Which include the failure to furnish the required bid security-wîttrtllell ..,Iu..,osat . This notice will be supported by a formal sul;>mis$ion detailing our legal position regardir'Y""this matter ancfmör'é- completely Qut~ne the basis for our protest. We intend to provide this formal submisSÎon to you Within the next two (2) business days and request that yOtl refrain from-proceedmg-irraccordanœ with paragraph 7.7b ofthe St. Lucie Purchasing Manual until you have received our formal submission. If this schedule is not acceptable, or oth~rwi5~ JTOtirr compliance with St. Lucie County's contract award protest procedure, please contact me immediately. We look forward to a timely resolution of this matter to the benefit of aH responsib!e parties. Sincerely rl~5~-~ David Brooks Pfe9idßnt Cc Mr. Brian Kirwin, ESQ,-co File Y:\B~h1g~r.k 9f COWUlProtest Letter.::1~ Genefal Contractors -...(]omtru£tion Management Attachment #10 SEP-28-2085 11:5~ '-r- r~l\¡rwin norris t=-. -4>- ì 'I'on$tn.:d¡~n ~wYt'r~ KIRWIN NORRIS, P.A. 487 740 rl63 P,02/04 .J 3.3.8 W f'<.cn~ /¡ç..,L-.",d SuJl't' 1.')-0 W¡.,....,k1" ~rl Do;.;gfw W A!tr;~~A ..... . I... .. I I. vevld n. A.drm~\n fJ......;.-.J.1L.,...,.At"I ~-'-"-" _·"'"";.....7 April A AttJm Donn4 À. ('or Tem"11O D. Úe"'~!! DonlrrA Itru"''' br\ðr'i ~ \ (win !\.tth"" ö: f''.1r..tro:¡'y ~r:.;(,ArÞrr ,> 407.740.6600 4C7T4ö:6.sb.:; I". ww....br..jnnOrfI1.(Om Septempçr 28,2005 Via Fac!i:p:¡ile and Overnieht Mail Mr. Ed Parkêr Purdíißing Department 2300 Vîrginiã Avenue Fort Pierce, FL 34982-5652 Rç: Ldt~r ºf l.!1t~l!t-Bid #05-U89 vear-Mr: Pwker. ) , This law fimrhærthe--pririlege of~œsenting Dayid Brooks Enterprises. As you knew, David Brooks Enterprises filed 8.1"'1 offici~l protest to the CCU,.~tytg letter of int~nt to award th.e CLërk ofCou.<tOffiÇe Bliili!íng (the "Project") to Paul Jacquin & Sons, Inc. This lettÚ ""in set forth. cur c1i8n1~sJe¡,gl~~~t;f1ement tü havè the. ~ònt~ awarded 10 David Brooks Enterprises ~cat.'5t'õ-'5a"qùin\¡ bid+.s-m~'1y uu,,;:;;;:;mUlIIllì)fî¡ráf least two respects. It is weB:estabtis1'ièdïili.dCi-HÖiíJ.i.Ì!iw: thar\vheir ª bid is ro;¡t~ri"lJy 11Oro..c!mf.orming, 1:1' public entity's only option Îs tQ award th~ bid tô the !'.ex! lowest n::~pcI'.gîve &."ld responsible ~ºr reject allbiàs.' tfari-VPtppèr 8£ Asscciátes. Inc. v. Cit'{ cf Cape Cora!, 352 8û.2d 1190 (Fla. 2d DCA 1978); rity of Ot}g.,.Lc.ëka v. Tn.\S.t~§s of PIUiiibi.fi;;. IndwtfV PromOtion Fund. 193 Sò~Td29--(F!ã. 3d DCA l'g66) Ma.terial varjanccS-a..~t1ii,i~i:::· tMi' give-- one bidder a substantiá.! adva.'1tage over ct.'!.;;:, bidders and restrict competition" NCH"unarerii! _vãria...'1~S ar~ t.h~se t'1at do not a.ff~t piîee, give one-' bidder an ~Ava..t1t2ge or' bénefrt not ~-4-oy~d by othét bidders, rief ãdversé1.Yä.!e~t the interests ofth_~_ag~nc,y. Tr{)nabest-.F'Ofid~ 1ni"' ,~i'~~~&tätë_ nec:t. of Generai Services,. 493 So.2d 5Q (FYi: 1 ,I DCA J 98ó). The government may not a¡;¡;ept bids that are ma.tetiaiiy nonconforming. ' Citv-oHÆfu-TI; ~,hN, Kl~:17.9-S0:'2å'864,(t'ia.-3dDCA 1965). A.t least One Floriða. çª~e, ~derscores ~e·'siþ!fic2..~œ ùf ~ biddðr submitting bid secu.-ity. In-·tœt-Ç4~~; RÓbinsorrl:fëcilicáJ'l:ó. v. Däd¿;Cõu...~r¡, 417 So.2d 1032 (Fla. 3ä DCA 1"982)) h~ìd that submitting .a c.ashi~r'g -check L.~ lieu.,;;Î,aJjid.flmid did.not_const1tuic a materiai vananu'.. !ìnþlièit in tl¡a Jrobinsoncase is th.at a bidbõrid óTomer biå security-is a material requîrement'Of the bid. Othe;::wi"<e._there. wo~n'H~~{)n:;ideT the ahemate' ~urity because the t;otJrt- wðu1d havê simpiy conduàed that the absence of a bid bond is not material any way. There is no ~ .- .J¿ 4>, _L_~! CA::-:;-:~=T1 Ÿlînl1'r P~rk. Attachment #11 SEP-28-2005 11:5~ \.w' KIRWIN NORRIS, P.A. 407 740 ""363 P.03/04 wi Ed'Pfu1-ker Si:.ptt:m.b~i 28,2005 Pag~ çff 3 Florida'tase-3tating or~uggç"tìngLfiattlre-ab5~çt; of ª bid bond IS ª ru:m.!!'I"reriaJ, waiveab~ variance. Florida courts frequently f9Uow pn~çedents from Qther j!.l.1'Ìsrt;f'tiO!1S conc.eming pub!k pr9ç~ement issue.$; in the ªhse!1...ce .of controlling F!-Orid~ case law.. A.~d OQ..thIs suhject, d~ci.sions from o~-er Stares over'llhel~~gly hold t~~t -t~e failure to provide the bid.OOnd Or ã def-ective bid bond i§ a IT'øt:;riill d~¥1ari{}n which..p-;;i'!r;~: be waival. Pföfessicnåi ~ Concepts.. Inc. v. Cit'f ûfC£n!. FaHs,,! 974 F.2d 1 (lit Cir. 1-992) (iow bid rejected wheïe not accoinpanied by òi,;!·,bûnd or c~geeurity); IrtÜ~rstate Rock Products,.inc. v. United States, 50;-...1. £1. 349 (Fed. 2mn) lpid bonà with no penai gum 'ÿ,¡'3$ defective rendering bid nonresponsive);J. D'Amico. Inc. v. êit ofWoTcester, 472 N.E.2d 665 (Mass. 1984}tbict'bonà're:quirement could nòt'be waived by City); Bodine Eiectric ofChamvaÜm v. City ofChatn:nahm, 711 N.E.2d 471 (App. Ct. HI, 1999) (bidder's submissìon of 10% bid bond whe; 5% was required was mªteri!Ù variance which could not'be waived by City); Meadowbrook C!!rtine: Co. Inc. y, BO!Ol!!!h of !sJa...YJ.d Heig.~ts, 650 A.2d 7<f& (N.J. 199~J (Borough could no! waive requÍrement that J)iºd~ provide consent of ~mfet;r with its bid do.cun1.ents eyen "-then ~ured .4 d:lYs lat~r); ft.Jl Sea5èiis CeriE!. I:n~. 'V. UrJ't~d States; 55 F~. CL ] 75 (Fed. 2003) (bid bond tha~ cC""1itained phôtöCõpietf púv;ler of -ar..orney rather than Ctigh'1~J r~ndered bid nûrrresp.,;;::riv,e.); In tc llimr; BuiiãiNi.â-EiH¡îneeriñ~~ Ïnc., 199û WL 27848g (Cëffip'öHer-Generãt· i 990) [ûi-d-bondünsigned-bpun:ty rendered1:íidfi'ÖJlresponsive) In this casè, tlië-!ãcki;ifä6iir1)òrid - provided Paul ];'''-::uin &; s-''}ns a c;;;.m¡:~!¡t¡y;;: advantage over Dªvid Brooks Enterp~~es,.i~ thAt !..~~_pre:rJ.um. for the bid è~nd was net 1flcludèd- in- Jacquin ~ s price nor the- risk associated ~1t, havit~ to m.d~iwii~ th~ Šlîfety if t&;eCoÜÏìt"ý t!:i~.ed on t.~e bend. Jatq~ ~~~ iPi~Hi"'itt)f, ~~k-n.fiwlerlgf!d ~..tb.JKk of a bid bond makes its bid mat~riaJly nonéûnfûTIi:iîl¡f by its letter and pw--ported protest of September 14, 2ûû5,ì in w~h iî de J.'î<'fD.. "'''..mf't''- :to. "-=e-lld í¡s..bìd.-by·prÐvidîng a ieftcr from it3-surety. Such an- amendment is ifiegai and grossly unfà.ir to David Brooks Enterprises. The failütetöprovi¿Ië'a'pid'DvJiif£úitJii:iidversely "ff"f'f..,.rt.~~ public's inte!~st since the Co_~ty was not ~IoJEcted: i.~ ,-th~. ~'Ye!lt truu. Ja~~in. f~l~d to hG~.(J! ~~ __bird. ~~ P~:ha:r?~ ~partment need look no p-.!..rl'her than t~ ~Plemb~! 9, 2005, letter ftöm its al\..mtect l'BUIU. Dritenœ~3- wht;rein it i5cohclu.d~-1".tl:E.t the.. '_4!i1";'~~cf the Ieq~~Êid Bond v;itiûn [Ja.cquin';rl 1)hL~u¡t~a.l reùJ~~;;; "them- añ~J}-rç~Pón~1~i~DiQ(h;~"~~' Additionany;"JäëqÙ:LTi-W¡fe-.no submit t¡'¡~ Tre"_,::h Saf~ty Act Complia.-:-ce Stat=:-n,,¡Jt,· section 553..60 et seq~j ~th its b!d~ and this ag;.ip i~ :: mstvrial varian~e. The faH~~ to mciüde the - Sta!e:merif- provid¿s- Jaiquir: ª ~ompetitiv~adv:~œge itiJ,r advets~lyaffects t..;e- püblic;s inteIe~t. The. ~~ct cl:3!'Iy.J!~G~idQ.t1,;::t it i,- P1'ih!ië.palicy".in this stat£ tû see fuat-aU- workers ~ pmt~t!~d when pem--rlCliñg Ç¡;rtairt trench work exceedÎüg 5 feet. §§ 553.63 (1), Florida Statutes.....! Th.e-Aet fü..4hcr, Ieq\Ùl:=. th..t fh".~ .:¡n~ia18ê '.'lith-providing -the- -additional-safety mustre---.,J íriciud.::d in ¡lie contract price. §§ 553.ó3(I)©; 553.64, Florida Statutes. Here, Jacquin's bid does- -OOt Stâî~t1>,win--rempty' wilir~Art-nor ·contain· mry oftbe· critical, mlmdatory pr:i£i!l~ " T.~ Û>C--êxtê~ ¡j¡<M-w.-)ecqtt~-1eIk, ri!C~ to dl~tcvl:t of! formaI-protest,it is clearly untimely, meri¡Jes~, ::..~c snowla-ü~1"ejec(eII, SEP-28-2ØÐ5 KIRW1N NORRfSi P.H. 407 740 ~353 ....I 11; 5'!:.-J '-' Ed Parker S-eptêmbëf 2g;-200S---u Page3 of 3 P.04/84 information. The onl"freasonðbIe presiimpliM j$ tbl'lt Jacquin does not plan on f0J10WÜ1g tJ·,c Act and has not priç~ç! in the çº~, This is ª,"1 unfair ~omp.,¡t;y~ "Ñvani"gð and a.dY~{Se to ~¡'e nn!ili~''¡ in+"'~st A¡;~"r:ì;'naJ'v tM" V""",,...'" i'; th.. h,'¡ A""n~.."..-i~ .....+.......1 OM'" ,I... r~.._.... r!..&---- - __!L.!..5.i ~ ......."""v.~ =,' -- _..._~~~.!! "YIa~ l."~~ ~~~~~.!.~.H.~.., -.~ .iI.lJ.l!ii!.il';\.<.!I.~2.!, Q.J.~ W~ ,-",VUl::::'; 5h.o-:uld ~,:,,¥~d the contract Ie David Brooks Eñte~~s for this additioüal re-awñ. In sum, the instTuctiôns to bidders and the -ªppliçªble le~ principks !';re,.rly support !.~~ award of ~ovemrnent contr~{:ts on a competitive, fujr a..n.d "~uib},!e basis. Here. th~ lowes! rg.sponsiv~ Rn'; r.espor-..sib!.e builder is David Brooks Enterprisesy wrJ{;h is, ~titled to a~·a.rd of the -contra!:t Please ~rive -tf~r:"Q 2rP1!m~nt,Q v-n-nr tht'\1h"rhtfi11 p.f'Y!':.~1A~t-~i"'%~ _0~ ~-=h.n.1-f' ......<f" "..:¡'-HO A11~"""'. '...U2 ,- - - - 10:;>- - - ~='~ '<==Q_..~--~ J......- -·......-0........... ....."........__..~.............<~_.... .,".......I.l. ...,.... Ui.L.L ,..1. "'..1.\, V'l/ç here:by d~m&~d t.\e..~1:iü.en_ rewlütioa of GULpt'fii;:si m accoroibï.CJi.-wi.tJt¡ sec'tÌûfi 7.7 of üie CÛtL~tjL-'S Ccde~ / Sincerely Y9\!rn> ~- . ~/ -, !ijt£,l~:f:Y(~ Brì"'1 P. Kirwin BPKlay çç; Dayid Bmoks U :\PubJi~\OOCS\655-0 J \Com:13P9nØ~n~\PMk~fHr j .DD!; TCT.D-L P.Ø4 '- ..,,¡ ~.~ tL,e ( e-í (' Established 1940 j~cquin & S0l18 " I I Inc. Commercial Industrial Residential Paul October 5, 2005 Daniel McIntyre County Attorney St Lucie County 2300 Virginia Avenue Ft. Pierce, FL. 34982 Re: David Brook Enterprises Protest of the Clerk of Courts Bid #05-089 Dear Mr. McIntyre, I believe the protest letter from David Brooks Enterprises attorney Kirwin Norris dated September 28,2005 is an attempt to muddy the water so to speak. The bottom line is we bid on the same scope, at the same time and Paul Jacquin & Sons, Inc. price is substantial less. OK off my soap box. First I asked Richard Sneed Jr. to review Norris's letter. Mr. Sneed stated a clear and to the point rebuttal that resolves the bid bond issue (see attached). Second Mr. Sneed also addressed the Trench Safety Act Compliance Statement in which David Brook Enterprises only indicated the cost for this item as $100.00 in his bid (see a copy of Brooks's Trench Act attached). A point that is not covered in Mr. Sneed letter is that the construction techniques and depth of items on this project do not exceed 5' in depth. Hopefully this helps V\lÌth your response to Mr. Brooks protest I believe Mr. Ed Parker said that after you respond the county has to wait 7 days before adding Paul Jacquin & Sons approval to the County Commissioner's agenda. As time is of the essence, I would hope we could make this to the board by there October 18, 2005 meeting. iC-05-05Pi2:Gl RCVD P.O. BOX 4343 . Fort Pierce, Florida 34948-4343 . Phone (772) 4 CGC 0022708 CGC 056649 CGC 060473 CGC 15079: Attachment #12 '- ..,; LAW OFFICES RICHARD D. SNEED, JR., P. A. SUITE 206, MARDI EXECUTIVE CENTER 1905 SOUTH 25TH STREET FT. PIERCE, FLORIDA. 34947 RICHARD D. SNEED, JR. VICTORIA L. GRIFFIN TELEPHONE (772) 465 - 2330 F.u[ (772) 465- 2342 E-MAIL Rti.JTpa@aol.com October 4, 2005 Michael Jacquin Vice President Paul Jacquin and Sons, Inc. 7348 Commercial Circle Ft. Pierce, Florida 34951 Re: Clerk of Court/Building Bid Dear Michael: Statues mandating competitive bidding are not strictly construed Thus, when faced with a claim violation, public bodies need demonstrate only substantial compliance. Liberty County v. Baxter's Asphalt & Concrete, Inc. 421 So. 2d 505 (Fla. 1982). In Liberty our Supreme Com1 outlined the three part fonnulatiün of the discretion vested in governmental bodies. Also see the older Supreme Court case ofCulpepperv. Moore 40 So 2d 366 (Fla. 1949), cited by the Liberty case, supra. 1. Actions taken must be taken in good faith and without fraud. 2. Public bodies possess wide discretion ion detelmining the best bid. 3. Honest discretion will not be reversed even if it appears enoneous and reasonable people could disagree. Material variances are those that give one bidder a substantial advantage over other bidders 2L."1d restrict competition. Nonmaterial variances are those that do not effect price, give one bidder a:1 advantage or benefit not enjoyed by other bidders, nor adversely effect the interest of be public body. See Tropabest Foods, Inc. v. State Dept. Of Gerneral services, 493 So 2d 50 ( Fla. 1 st DCA 1986). The chief aim ofthe bid process is to secure the lowest responsive offer. It is prirnary for the benefit of the public. A variance is only material when it gives the bidder a substantial advantage and thereby restticts competition. Your company's failure to supply a bid bond does not effect the responsiveness of your company's being the lowest offer for the project, inasmuch as your company must provide a performance bond .The price of the bid bond is immaterial to the responsive lowest offer. Continued .... """ J Michael J acq1.:.in Vice President Paul Jacquin and Sons, Inc. October4, 2005 Page 2 It is my understanding that your company provided the public entity with a Trench Safety Act Compliance Statement. Your company substantially complied with F.S. §§ 553.63 (1), and 553.64. The fact that your company inserted zero dollars as the cost for your company to comply witl1 the requirements of the Act in no way negates your compliance with the Act. The Act simply requllcs the bidder to identify the cost. Your company identified the cost as zero dollars to comply, whereas the protesting bidder identified thè costs as $100.00, a distinction withoLlt a difference in the over all cost of your responsive bid, or the protestors bid for that matter. (V-G{Y tr.uly yours, \ . La\ ' Offices of Ri D. Sneed, Jr PA , Esq. RDS/ksf LAW OFFICES OF RJCHh.RD D. S1\"EED, JR_, P. A., 1905 S. 25TH ST., SU:TE 206, l-I.-ARDT ~:=:Cú"TIVE CEJ-.:iER, IT. PrERC3, FL 34947 (772) 465-2330 '-' .....tI ORIGINAL SECTION 00480 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name Project Number Project Location CLERK OF THE COURTS OFFICE BUILDING See Plans Instructions: Chapter 90-96 of the Laws of Florida requires all contractors engaged by St. Lucie County, Florida to comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide compliance cost information where indicated below, The costs for complying with the Trench Safety Act must be incorporated into this project's base bid. See: oJ.;o Specl-H c.c¡:-tlDn"5 SeC--1tDYl DO)OO} :2 .0 ,) ¡: . Certify this form in the presence of a notary public or other officer authorized to administer oaths. 1.0 Certification. 1.1 I understand that Chapter 90-96 of the Laws of Florida (The Trench Safety 1'\ct) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply v~ith The Trench Safety Act and I will design and provide trench safety systems at, all trench excavations in excess of five feet in depth for this project.' 1.2 The estimated cost imposed by compliance with The Trench Safety Act will be: One Hundred and no/100' s Dollars Winttfm) $100 . 0 0 (Figures) 1,3 The amount listed above has been included within the Base Bid. Certified: David Brooks Enter¡:nises, (President's Signature) Inc. (Company-Contractor) D By: David Brooks (President's Typed or Printed Name) 2,0 Notariz.ation. Sworn to and subscribed before me in St. Lucie County, Florida on the 7 th day of Sept. 20 05. - ",\\f~H~:"" M " A Gu'd ~ L , ~~o,.....t!...'.I(j<;'-;,. or.....IO] er , . V V . r I I::J . r!l., "'fiix §;~/4 ,*; MY COMMISSION:; 0020348' EXPiRES Notary Public. G...-~. '-~ GU/'~;~"'-." May 10, 200ï , ' . E ' " OF c..; , BOND':'::' îJiRUTWnAIN NSURANC:, HC 1V1y COmmiSSiOn -xp:res: 5 -10 - 0 7 ,"'...,:,,~~., 00480-1 -'-' ...., BOARD OF COUNTY COlv\Jv\I 55 ION ERS PURCHASING Dt'r^ 1i~¡'.iJ:'\;.f""'"' I_J-'.."-\.f\ II 'l'1......i"~ I ED PAPKE;)," CPPG DIKEGOP. Octooer 6, 2005 David Bmoks David BîCoks Enterprises 9000 Burma Road, Suite 101 Palm Beach Gardens, FL_ 33403 Via: FacsimrIe (561) 626-9980 Hard Copy: Certified Mail Re: SL Lucie County Bid #05-089 -... Clerk of Court Office Building Dear Mr" ßrooí<:s: This leter is in cesponse to your letter of protest faxed on September 26, 2005, and the letter dated September 28, 2005 from Kerwin Ncrris Construction Lawyers representing your fTrr," As required by the County's Purchasing Manual, I have consulted with the County AdministraTor anc the County Attorney concerning your writen protest A decision was made to uphold :-r.y judgr,¡ent to recomcnend award to Paul Jacquin & Sons" YOL;r attorney's :etter- stated that Jacquin & Son's bid is materiaily non-conforming in at least two aspects: 1) Failur8 to provide a Did bond, 2) FaiLJre to submit the Trench Safety Act Compliance Statement Ir, response to the bid bond_ the County's bid docClment allows the County to wave irreguladies.and to aocept the proposal that best serves the County_ In regards to the Trench Safety Act statement (copy attached) the original statement was sUDmitted with the Jacquin bid on time, It was inadvertently attached to the oopy of the bid that our consultant reviewed, You have the right to appea' my decision to the Board of County Commissioners by filing a written notice of appeal with the County Acministrator within seven (7) days f,om receipt of this letter_ I plan to present this to the Soard of County Commissioners at their October j 8,2005 mesting_ Please call me at (772) 462-1700 if you plan to appeal my decision: Sincerely, I ¿;f¡ &k~"Í Ed Parker, CPPB--- Purchasing Director EP/je-05-0S9 e: Douglas M. Anderson, County Administrater Dan Mcintyre, County Attorney Roge;- S:linn, Centra! Services Dii8ctor P2U[ Oritenbas} Edlund Drìi:enb2S & ASSOclates J05E.¡)H E. SMlr:-:, Dis;-.ic¡-:-.{c 1 . DOUG CO\~/APD, DIsrricr Nc. 2 . PAULA A_ L2~/!S, D1siTiq No..3 . F¡-::'ANNIE Couniy Adninjsí7Gror - Douglcs M_ Anderson 2.300 V¡íginie A.venue & Fori Pierce, FL J4982-5ó52 . Ph FAX (772) 462-1704 . TDD (772) 4Ó2- j 5 Attachment #1 3 'vvea site: 'vV\-v"N.co.st-lucie.fi 11<:: ~ '-'" .., SECTION D0480 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name Project j\l'Jmber Project Location CLER'<: OF THE COURTS OFFICE BUILDiNG See Plans Instructions: Chapter 90-96 of the Laws of Florida requires at! contràctors engaged by St Lucie County, Florida to compiy with Occupational Safety and Health Administration Standard 29 CFR s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide comp!iancecost information where indicated below. Tie costs for complying with the Trench Safety Act must be incorporated into this project's base bid. Se:r: oJS:ð 5peè/-fCéi'-hor1:5 Sec--Trby) 00100) :Z.01J ¡::_ Certify this form in the presence of a notary public or other officer authorized to administer oaths. 1.0 Certification. 1.1 L understand that Chapter 90-96 of the Laws of Florida (The Trench SaFety Act) requires me to comply with OSHA Standard 29 C.F.R s. 1926.650 SUbpart P. ¡ will comply with The Trench Safety Act and I wi!! design 2nd provide trench safety systems at. an trench excavations in excess of five feet in depth for this project. be: 1.2 The estimated cost imposed by compliance with The Trench Safety )\ct 'v'lm $ 0.00 Dollars (Written) Zero I:ollars (Figures) $0.00 1.3 . . The amount fisted above has been induded within the Base Bid. . ¡l~n . Certified: ;'1 .11./'\[...1 &91'\ Paul J2.CQUiIl & Sons T Inc. ~ I ' IjJ )f~fW'r \ (Company-Contr2ctol) I, 11 By: v, ,i.', l i .,..-' /~ \ f . \j lce / ( rasidernJs Signature-) .., h10-; chael JacQUir_ Vice (Presidents T¡pëd Dr Printed Name) 2.0 Notariz.ation. Sworn to and sJbscribed before me in St. Lucie County, Florida on the __7th day of " ?" O~ SeD"L._ } -'V·..lL2þ _"~ (\, '\ I II n \. \ \ ) ,_) I 1/ _ ,.r, ........'--~_,_ _':-//: \" ,1 ~_jlDtc.~~.~ÛJW.c~ /-+_/\__/../\~ \( ,¡(/~:--=r=-,-~, \.i P\.'-,-Z____ My Commissjo~ EXDir~š,. 4/14Ìo7 <.;-$>"''-4. Alyssa F ?oc,¡~ . -!_.~~ ~ í\!hr Comm:~sior DOi 77~2 (~~:7 E.~:;1ì¡çS P\?r!\ 14,2007 Attachment #14 407 n, 6363 P.02/03 ...., OCT-10-2005 16:36 KIRWIN NORRIS, P.R. '-" I~I ~~:i'~~~I~::'i:' 538 W I'Ior;~ boulNtlrd Svî\r '50 Wln~ Park. rIorld" 32789 407·740.6600 407.740.6363 ¡<IX www,kJrwtnnorrl;,(om October 10, 2005 Via Facsimile and U.S. Mail Ed Parker Purchasing Department 2300 Virginia Avenue Fort Pierce, FL 34982¥5652 Re: St. Lucie Bid#05-089--Clerk of Court Office Building Dear Mr. Parker, Dougl", W Akrm..n Dc..¡d ^ Addlte'in April À Atl:im Don...... Á Cr<lr TomCl>ita I} Crow..1I Dðní~1 1\ ~(ffI"It' ~i<ln P Kirwin r..,tth~w 11 I'Idl.lmr-y brl.l'" A Morri) As you bow, this law firm. represents David Brooks, Enterprises, Inc. We are in receipt of your letter of October 6, 2005, rejecting our client's protest and have elected to appeal that decision to the Board of County Commissioners through the County Administrator as indicated in your letter. In the meantime, this letter will serve as a formal public records request under Chapter 119, Florida Statutes, for inspection and copying of the following records: 1. Each and every document provided or referenced in the instructions to bidders for St. Lucie Bid #05-089, as well as the instructions to bidders itself. 2. Each and every document provided by any and all bidders who bid on St. Lucie Bid #05-089, including ea.ch bidder's submission in its entirety to the County in response to Bid #05-089. 3. All internal County correspondence and/or emails relating to the bid, including the means by which the bidders were evaluated, the evaluations themselves, and the significance of Paul Jacquin and Sons' failure to provide a bid bond. 4, Each and every determination by the County in the last 15 years that a bid of more than 1 million dollars was no!U'esponsive. 5. Each and every detennination by the County in the last 15 years that a bid of more than 1 million dollars was nonresponsive, but the variance(s) between what was required to be submitted and wbàt was submitted was deemed by the County to be a nonmaterial variance(s). Or!ando A ProfC'~) on( 1 À5~O(Îðtion Attachment #15 OCT-10-2005 16:36 \w KIRWIN NORRIS, P.R. 407 ~'1 6363 P.03/03 ~ Ed Parker October 10,2005 Page 2 of2 6. Each and every determination by the County in the last 15 years that a bid of more than 1 million dollars was nonresponsive, and the variance(s) between what was required to be submitted and what was submitted was deemed by the County to be a material variance(s). 7. Each and every document related to the County's determination as to whether a bid bond is required for a particular project 8. Each and every document related to the County's detennination that a bid bond was required for S1. Lucie Bid #05-089. 9. whom you decision. Notes of your discussions with all persons, other than the County Attorney, with conferred concerning David Brooks Enterprises, Inc.'s protest of the County's Seeing as that it appears a hearing on our appeal may occur as early as October 18, 200S, we hereby request that the above-referenced documents be made avwlable no later than October 13,2005, if not sooner. Please contact the undersigned to make final arrangements. I thank you in advance for your professional cooperation on this urgent matter. DWAlay CC: David Brooks Dan McIntyre (via facsimile) U:\Pub!ic\DOCS\6S5'() 1 \Cormpondcncc:\p¡U'lrerltr2.doc TOTAL P.0] OC1,-10-2005 16:52,-, KIRWIN NORRIS, P.R. 407 ~ 6363 P.02/03 "WIll I~I Kirwin. norris comtru(tion lowye-rs 558 W. flor\~ ~oul("'l~rd Sui~ 150 Wint~ ¡;"r~ Florid... 5:;!789 407-740.6600 407-7-40.6365 f"x www_!cJrwll"1nQrril.wm October 10, 2005 Via Facsimile and Certified Mail No. 7002 2030 0001 78328397 Douglas M. Anderson County Administrator 2300 Virginia Ave. Fort Pierce, FL 34982 Re: St. Lucie County Bid #05-089-Clerk of Court Office Building Dear Mr. And~rson: Douglo! W. A,b-emor: D..vid fI, Ad.· ,t~ln April Á A¡tirn Donno A_ Croy Tam<lllt... D. Crow..1I D...nl~1 ^ (jr~m.. ~rl...n P. I\lrwln fI...tth...... (t fI,l\¡nnry ~ru(r Á 110,,;< This law fitm has the privilege of representing David Brooks Enterprises, Inc. We ate in receipt of Mr. Ed Parker's letter of October 6, 2005, which states that any appeals to the Board of County Commissioners are to be made through yout office. Our client does in fact intend to appeal the decision. Thus, this letter constitutes our request to appeal Mr. Parker's decision to the Board of County Commissioners. We have reviewed the County's Code and it is not clear as to what the nature of the proceedìng is before the Board nor what our rights. Therefore, kindly advise us of the follovving: 1. Whether we have the right to subpoena witnesses and, if so, the procedure for issuing the subpoena. 2. 'Whether we have the right to present sworn testimony on our client's behalf. 3. Whether we have the right to cross-examine any witnesses who may testify against our clíent. 4. The time allowed for our client to present his case, defend the Càse against hinl, and present evidence in rebuttal. . 5. Vv'hether award of the Contract continues to remain stayed and, if so, for how long. Or/oIido A Prof~Hiono[ A"odðtlon \'1 Winkr Port OCT -10-2005 16: 52 '-'" KIRWIN NORRIS, P.R. 407 """ 6363 Douglas M. Anderson October 10,2005 Page 2 of2 P.0Y03 As it appears there may be a hearing on Our appeal á$ early as October 18, 2005, we respectfully demand an immediate ansmr to these fundamental questions. . DW Alay cc; David Brooks Ed Parker, Purchasing Director (via facsimile 772-462-1704) Dan McIntyre, County Attorney (via facsimile 772·462.1440) U :\P~hlic\D0CS\655-0 t\CotreS londeno:lAndetsOnltrl.doc TOTRL P.03 "'" ..."" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners D"i,' 5, Md"'y", C,""'y Attoc",y ~ 05-1718 FROM: C.A. NO.: DATE: October 11, 2005 SUBJECT: Clerk of Court Office Building Bid Protest ****************************************************************************** I support the Purchasing Director's decision to reject the bid protest filed by David Brooks Enterprises for the following reasons: 1. The Florida Supreme Court has held that public bodies have wide discretion in soliciting and accepting bids for public improvements and their decisions, when based on an honest exercise of this discretion and in the absence of evidence of illegality, fraud, oppression or misconduct of the public body, will not be overturned by a court even if it may appear erroneous and even if reasonable persons may disagree. See, Liberty County v. Baxter's Asphalt & Concrete. Inc., 421 So.2d 505 (Fla. 1982) (copy attached). 2. In the "Instruction to Bidders and Bid Notes" the County, in Section 2,01 H (copy attached), reserved the right to waive any and all informalities not involving price, time, or changes in the work. 3. The failure to provide a bid bond does not appear to be a material irregularity for the following reasons: The purpose of a bid bond is to secure the obligation of a contractor to sign or contract upon award. It is my understanding based on conversations that the Purchasing Director had with both contractors, the bid bond did not cost the contractor additional money to provide. The low bidder has been the low bidder on a number of County public improvement projects and has never defaulted and failed to enter a contract upon award by the County. Attachment #16 "-" ...", In the absence of a bid bond, the County could still sue a low bidder for damages for failure to enter into a contract. Upon entering a contract, the low bidder is required to provide a public construction bond which provides financial backing for any damages the County might suffer as a result of the contractor's failure to perform. DSM/caf Copy to: County Administrator Purchasing Director \w' 421 So.2d 505 421 So.2d 505 (Cite as: 421 So.2d 505) Þ Supreme Court of Florida. LIBERTY COUNTY, etc., Petitioner, v. BAXTER'S ASPHALT & CONCRETE, INC., Respondent. No. 61498. Oct. 28, 1982. Second lowest bidder on public contract for road resurfacing brought action seeking injunctive relief challenging award of the contract to the lowest responsible bidder. The Circuit Court, Liberty County, George L. Harper, 1., denied second bidder's motion to amend its complaint and entered a final judgment for the county and first bidder, and the second bidder appealed. The District Court of Appeal, Ervin, J., 406 So.2d 461, reversed and remanded with directions. On application for review, the Supreme Court, Ehrlich, J., held that with no fraud or misconduct on county's part, it was within discretion of board of county commissioner's to award subject bid to lowest bidder, notwithstanding that bidder had submitted bid on only one of two alternative types of asphalt for which bids were requested. Opinion of the District Court of Appeal quashed; final judgment of the Circuit Court reinstated. West Headnotes [1] States ~98 360k98 Public body has wide discretion in soliciting and accepting bids for public improvements and its decision, when based on honest exercise of such discretion. will not be overturned by court even if it may appear erroneous and even if reasonable persons may disagree. West's F.S.A. §§ 336.01 et seq., 336.41(3), 336.44, 336.44(2, 5). [2] Highways ~1l3(l) 200kl13(l) Where, given mutually exclusive nature of alternative types of asphalt upon which bids were requested for road resurfacing project, county commissioners had full panoply of bids on sand asphalt hot mix alternative which they could compare with particularity and specificity and could then make informed choice from among comparative ~ Page 1 bids as to which one was lowest responsible bidder, there was no error in such procedure, notwithstanding that lowest bidder had not submitted bid on both alternatives as requested. West's F.S.A. §§ 336.01 et seq., 336.41(3), 336.44, 336.44(2, 5). [3] Highways ~113(1) 200kl13(l) With no fraud or misconduct on county's part, it was within discretion of board of county commissioners to award bid for road resurfacing project to lowest bidder, notwithstanding that lowest bidder submitted bid on only one of two alternative types of asphalt for which bids were requested. West's F.S.A. §§ 336.01 et seq.. 336.41(3), 336.44 , 336.44(2, 5). [4] Highways ~l13(l) 200k113(l) Bid of lowest bidder for road resurfacing project substantially complied with bidding statute, notwithstanding bidder's failure to comply with specification that bidders submit bids on two mutually exclusive types of asphalt. West's F.S.A. §§ 336.01 et seq., 336.41(3), 336.44, 336.44(2, 5). *505 Bill A. Corbin, Blountstown, for petitioner. Barry Richard and James J. Richardson of Roberts, Baggett, LaFace, Richard & Wiser, Tallahassee, and L. Charles Hilton, J r., Panama City, for respondent. *506 Jane E. Heerema of Roberts, Egan & Routa, Tallahassee, for State Ass'n of County Com'rs, amicus curiae. EHRLICH, Justice. This cause is before the Court for review of a decision of the district court of appeal, Baxter's Asphalt & Concrete, Inc. v. Liberty County, 406 So.2d 461 (Fla. 1st DCA 1981), which expressly and directly conflicts with Wester v. Belote, 103 Fla. 976, 138 So. 721 (1931) and William A. Berbusse, Jr., Inc. v. North Broward Hospital District, 117 So.2d 550 (Fla. 2d DCA 1960). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. In March 1980, the Board of County Commissioners of Liberty County (Liberty County) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. '-'" 421 So.2d 505 (Cite as: 421 $0.2d 505, *506) advertised for bids on a road resurfacing project. Bids were requested for two mutually exclusive types of asphalt, Alternate A (asphaltic concrete) and Alternate B (a sand asphalt hot mix). Either alternative was acceptable for the roads to be resurfaced. Seven companies bid on the project. Since the County Engineer inadvertently faí!ed to forward to Gulf Asphalt Corporation (Gulf) the last page of an information sheet requiring bids on both Alternates A and B. Gulf bid only on Alternate B (which was the industry practice only to bid on one alternate). Gulf's Alternate B bid was $906,895.59, the low bid. The next lowest bid on Alternate B was $1.055,201.46 submitted by Baxter's Asphalt & Concrete (Baxter's). For Alternate A, the lowest bid was Baxter's at $1,094,226.60. At an April 1980 Commission meeting, the County Engineer recommended that Gulf's bid on Alternate B be accepted since it was $148,000 less than the bid by Baxter's on the same Alternate. Gulf's bid on Alternate B was likewise less than the low bid of Baxter's on Alternate A. The Board unanimously waived the irregularity of Gulf's not submitting a bid on Alternate A and awarded the contract to Gulf. Baxter's inunediately filed suit and obtained a temporary injunction preventing Liberty County from entering into a contract with Gu]f. At trial in May ]980, the court ruled in favor of Liberty County and Gulf and the injunction was dissolved. Baxter's appealed and the district court in March 1981· found that Gulf's failure to bid on Alternate A violated section 336.44, Florida Statutes (1979), the competitive bid statute for the construction of county roads. The court directed Liberty County to readvertise the bids. However, since there was no restraining order during the time of appeal and the district court had denied a motion for a stay pending appeal, Liberty County had already entered into a contract with Gulf for the resurfacing project and Gulf had completed the project. All parties moved for a rehearing and the district court filed a second opinion in November 1981, holding that Liberty County was liable to Baxter's for damages, including reasonable costs and attorney's fees, based upon Liberty County's implied promise to comply with the competitive bid statute by its solicitation of bids. but was not liable to Baxter's for loss of profits or other consequential damages. Liberty County ""'" Page 2 then sought discretionary jurisdiction in this Court. For the reasons expressed herein, we quash the decision of the district court. [IJ[2J In Florida, competitive bidding for the construction of county roads is controlled by chapter 336, Florida Statutes (1979). Pertinent subsections [FN I] state that the contract shall be let to the 10west responsib1e bidder but that the pub1ic body may reject any or all bids and require new bids to be made. Baxter's argues that these sections shou1d be strictly construed and that strict standards be placed upon public authorities when competitive bids are *507 required by law. It cites a decision of the Supreme Court of New Jersey, L. Pucillo & Sons, Inc. v. Mayor of N€(w Milford, 73 N.J. 349, 375 A.2d 602 (1977), as highly persuasive of its view; that case is distinguishable on at 1east two grounds, however. First, public policy in New Jersey is to curtaí! the discretion of local authorities by demanding absolute compliance with public bidding guidelines. Pucillo 375 A.2d at 605; Township of Hillside v. Sternin, 25 N.J. 317, 136 A.2d 265 (1957). In F10rida, on the other hand, a pub1ic body has wide discretion in soliciting and accepting bids for public improvements and its decision, when based on an honest exercise of this discretion, wi1l not be overturned by a court even if it may appear erroneous and even if reasonable persons may disagree. Berbusse; Culpepper v. Moore, 40 SO.2d 366 (Fla. 1949). Second, the wiIll1Íng bidder in Pucillo gained a palpable economic benefit because of his bidding deviations and hence had an advantage over his competitors. In the case at bar, there was no such economic advantage. Gulf was put in no position superior to that of Baxter's or the other high bidders by its failure to submit a bid on A1ternate A. Given the mutually exclusive namre of the two alternatives, the county commissioners had a full panoply of seven bids on Alternative B which they could compare with particularity and specificity. They then could make the informed choice from among the seven comparative bids as to which one was the lowest responsible bidder. In the instant case, Liberty County did this and picked Gulf. We find no error in this procedure. FNl. All construction and reconstruction of roads and bridges, including resurfacing... shall be ler to contract to the lowest responsible bidder by competitive bid.... § 336.41(3), Fla.Stat. (1979). Such contract shall be let to the lowest competent © 2005 Thomson/West No C1aim to Orig. U.S. Govt Works. ~ 421 So.2d 505 (Cite as: 421 So.2d 505, *507) bidder.... § 336.44(2), Fla.Stat. (1979). The commissioners may reject any or all bids and require new bids to be made. § 336.44(5), Fia.Stat. (1979). [3] This Court has previously said that public bids statutes "serve the object of protecting the public against collusive contracts and prevent favoritism toward contractors by public officials and tend to secure fair competition upon equal tenns to all bidders, [and] they remove temptation on the part of public officers to seek private gain at the taxpayers' expense, are of highly remedial character, and should receive a construction always which will fully effectuate and advance their true intent and purpose and which will avoid the likelihood of same being circumvented, evaded, or defeated." Wester 138 So. at 724. Nothing in this policy is subverted by the trial court's actions. That court found that there was no connection between Gulf and any of the county commissioners which would have helped the latter in their decision-making. More importantly, the court found no illegality, fraud, oppression, or misconduct on the part of either Liberty County or Gulf and that Liberty County acted in good faith in the awarding of the subject bid. With no fraud or misconduct on Liberty County's part, it was clearly within the commission's discretion to award the subject bid to Gulf. [4] Baxter's further argues and the district court agreed that the waiving of the bid irregularity was unlawful since Gulf's failure to comply with the specifications was material. We disagree. Similar "' .."", Page 3 to Wood-Hopkim' Contracting Co. v. Roger 1. Au & Son, Inc., 354 SO.2d 446 (Fla. 1st DCA 1978), the instant case is a situation of a relatively minor irregularity in the technical bidding requirements. Liberty County in the Advertisement for Bids reserved the right to waive irregularities in any bid and we find under the facts of the present case (with trial court findings of no fraud or misconduct on Liberty County's part and with no competitive advantage accruing to Gulf), that there was substantial compliance with the bidding statute. Lastly, Baxter's argues that the district court was correct in awarding it damages based upon the doctrine of promissory estoppel in that "the public entity by soliciting bids promised that the contract would be awarded to the lowest possible bidder, and that the rejected bidder reasonably and detrimentally relied on that promise." 406 So.2d at 466. We need not address this issue since it has been found that the lowest responsible bidder was in fact Gulf and not Baxter's. The opinion of the district court of appeal is hereby quashed and the final judgment of the trial court is reinstated. It is so ordered. ALDERMAN. C.J., and ADKINS, BOYD, OVERTON and McDONALD, JJ., concur. 421 SO.2d 505 END OF DOCUMENT © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ... - - ~ ..",.. DIY1SION 1. GENERAL REQUIREMENTS SECTION 00100 INSTRUCTION TO BIDDERS N~D BID NOTES PROJECT: CONSTRUCTION OF- CLERK OF THE COURT OFFICE BillLDING This building shall be located at the Southwest corner of Indian River Drive and Atlantic Avenue, Downtown Ft Pierce, in St. Lucie County, Florida. Hereinafter referred to as The Proj ect. O-VVNER ST. LUCIE COUNTY COMMISSION DATE PREPARED: 17 .TUNE 2005 1.01lJ'lSTRUCTIONSTO BIDDERS A. Sealed bids, subject to the conditions herein, will be received by The St. Lucie County Purchasing Department until 2:00 P.M. Wednesday. 07 September, 2005 in the S.L.e. Administration Building, Purchasing Department, 2300 Virginia Avenue, Ft. Pierce, Florida, 34982, and ,it that hour opened and publicly read, for furnishing all labor and materials and performing all work connected with the project. B. All bids shall be placed in an opaque envelope, sealed and addresssed to St. LUcie County Commission, Purchasing Department, 2300 Virginia Avenue, Ft Pierce, Florida, 34982. Identify the the envelope with: (1) Project Name, (2) Name and address of the Bidder, and (3) Bid Number. Subínit one (1) original and two (2) copies of bid in accordance with the Invitation to Bid. All forms required for responsive bid shall be included, i.e. Bid Form, Bid Bond, A.LA. Document G805 and Public Entity Crimes Statement. The name of the project is: (Construction of Clerk of the Courts Office Building). Bids shall be made on unaltered Bid Forms included herewith under Section 00300.Bids shall be signed with typed or printed name below signature. Wbere bidder is a corporation, bids must be signed with the legal name of the corporation followed by the name of the state of incorporation and the legal signature(s) of the officer(s) authorized to bind the corporation to a Contract. C. All bids shalJ either be mailed or walked in, to the submittal location stipulated above on or before the aforestated time and date. An agent for the Purchasing Department will open and read aloud all the bids received on this date. All bids received after 2:00 P.M. of the day specified above, will be returned unopened. D. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications and contract documents pertaining thereto, as prepared by Edlund, Dritenbas, Binkley Architects. P.A., 65 Royal Palm Pointe, Suite- D, Vero Beach, Florida 32960, Phone: (772) 569-4320. 00100-1 '-' ~ E. General Contractors or Prime Bidders may obtain drawings and specifications at the St. Lucie County Purchasing Department, 2300 Virginia A venue, Ft. Pierce, Florida, 34982. One set of drawings and one set of specifications (in paper copy) shall be supplied to each bidder. Additional drawings and specifications, as may be required by the Contractor, can be reproduced at the Contractors expense. Reproduction costs incurred by the Contractor are NON-REFUNDABLE. NOTE: Construction Plans and specifications for review by bidders and suppliers are on file in the Office of: Edlund, Dritenbas, Binkley Architects, PA. 65 Royal Palm Pointe, Suite D Vero Beach, Florida 32960 Ph: 1-772-569-4320 Office of the Purchasing Director 2300 Virginia Avenue, Room 228 Ft. Pierce, Florida Ph: 1-772-462-1700 F. A Bid Bond, Cashier's Check or Certified Check made payable to 51. Lucie County B.O.C.C., must accompany each bid and be properly executed by the bidder and by a qualified Surety in the sum of not less than five percent (5%) of the total amount of bid. The surety company who issues the Bid Bond shall be licensed to conduct business in the State of Florida shall have a rating of A+ or A by "Best's Rating Guide". G. The successful bidder will execute and furnish to The St. Lucie County Commission a Bond issued by a Surety Company licensed to do business in the state of Florida, for 100% of the Contract price, within ten (10) days after being awarded the Contract, said Bond guaranteeing the perfonnance of said Contract and payment of all debts pertaining thereto, the premium of said Bond to be paid by the Contractor and included in his base bid. H The successful Bidder, if any, will be notified within five (5) days after the bid is accepted. The S1. Lucie County Commission reserves the right to delay awarding ofthe Contract fora period of ninety (90) days after the bid opening, to waive infonnalities in any bid, or reject any or all bids in whole or in part with or without cause and/or to accept the bid that, in its judgement, will serve the' best interest of the County. 1. The successful Bidder shall provide Insurances per Section 00500, Article 18. In addition, the Genera] Contractor shall provide Builder's Risk Insurance. Cost of the premium shall be included in the Base Bid. Coverage shall be all-risk with limits up to 100% of the completed value of the building It shall include a machinery/equipment endorsement to provide covera.ge with a maximum deductible allowable at $500.00 per claim. 00100-2 '-" ...., J. No Pre-Bid conferences wÜl be held for this project. Questions relating to project plans and specifications must be put in writing forwarded to the Architect and copied to the Purchasing Department no later than seven (7) working days (Monday thru Friday) prior to bid date. . 2.01 NOTES TO CONTRACTORS A. Bids submitted will be to furnish all of the equipment, materials, utilities, machinery, insurance, permit fees, tools, apparatus, transportations, and the labor necessary to completely construct and finish The Project, as particularly delineated in the plans and specifications as prepared by Edlund find Dritcnbfls Architects, P.A., Comm. # 040503VB, and any possible addenda and/or modifications. B. It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thorougWy, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, or furnishing of the work, consider federal, state, aÌld local laws and regulations that may affect costs, progress, performance, or furnishing of the wmk, (c) study and carefully correlate Bidder's observations with the Contract DQcum.ents, and (d) notify the Purchasing Department of all conflicts, errors, or discrepancies in the Contract Documents. C. Questions arising from on-site inspections(s); and/or from the drawings and specifications; and/or from revisions to the construction documents, must be put in writing, forwarded to the Architect and copied to the Purchasing Department no laterthan seven (7) worl<ing days, (lVlondav through Fridav). prior to the bid due date. NOTE: Oral responses to Contractors questions are Don-binding/invalid unless they are backed up with written documentation from the Architect.) No ADDENDUM will be issued to the General Contractors within (5) five working days of the bid due date. D Written aclmowledgment of all Addenda must be shown on the Bid Proposal Form. Failure to so indicate acknowledgment will result in the non-acceptance of the bid. E. For the purpose ofthe Public Bid Opening, as scheduled above, all bids submitted are to be based on those materials as identitìed in the Project Specifications and on the Plans. No substitutions will be allowed during the bid period. Following the public Bid Opening, the Contractor, who is awarded the contract. will not be precluded from submitting a cornpanble. alternate product for consideration in lieu of any sole- source item identified in the Project Specifications. The submitted comparable, alternate product must be based on the proposed specificatiowproduct requirements and any cost savings shall be recognized to the Owner. F. Bid Proposal Information: I. Submit all Bids on the Standard Bid Proposal Form as supplied by the Architect, (Section 00300). Any attachments, riders, or bid q1.lalification 00100-3 \...- -.I statements, that are not requested as required submittals, are not permitted to be attached to the Bid Form. This wiU result in the non-acceptance of the bid. 2. The Bid Form is included with the Bidding Documents; additional copies may be obtained from Architect (or the issuing office). Bidders may make additional copies of the blank Bid Form as required for submittal. 3. All blanks on the Bid F onn must be completed in ink or by typewriter. 4. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence òf authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporations mÙst be shown below the signature. The Contractor and a]] subs shall be licensed In St. Lucie County, Florida. 5. Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature. 6. All names must be typed or printed below the signature. 7. The Bid shall contain an acknowledgment of receipt of all Addenda (the number. of which must be filled in on the Bid F.onn). 8. The address al1d telephonenumber for communications regarding the Bid must be shown. 9. The Bidder shall submit the Bid on the forms, or an exact copy of the forms, furnished herewith. The blanl( spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted. 10. The Owner will consider only tbose bids received from parties who have obtained Contract Documents directly from the Owner. Bids received from f'jrms whose names are notrecorded by the O,YDer or the Architect as baying secured documents for this Contract wij] be rejected. 11. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 12. If, within two business days after Bids are opened, any Bidder files a duly signed, written notice with Ovmer and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the 00100-4 '-' 'WI Bid security will be returned. Thereafter, that Bidder will be disqualified from any further bidding on the work to be provided under the Contract Documents. 13. Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and maj or alternates (if any) will be made available to Bidders after the opening of Bids. 14. All bids will remain subject to acceptance for (90) ninety days after the day of the Bid opening, but the Owner may, at their sole discretion, release any Bid and return the Bid security prior to that date. G. All Contractors are to list all of the Alternates, (if any are requested), on the Bid Form as either additive dollars, deductive dollars, or no change in dollars. Failure to do so will result in the non-acceptance of the bid. H. The Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all noncopforming, nonresponsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability orfails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication ohmits of work and unit prices will be resolved in favor of the unit prices.;Discrepanciesbetween the indicated sum of any column of figures and the .correct sum thereof will be resolved in favor 0 sum. 1. General Conditions of the Contract for Construction, shall be considered part of the basic contract documents. The General Conditions are inc1uded in Section 00500 CONTRACT, and are part üfthis Project Manual for review J. Method of payment shall be by ALA Documents, G-702 & G-703 1992 Editions, Application and Certificate for Payment or a simjIar software format approved by the Architect.. The terms of said payments are to be as negotiated prior to the signing of the Owner-Contractor Contract. K. Award of the contract will be based on the Tota] Base Bid dollar amount to construct The Project and will be awarded to the lowest responsive and responsible Bidder. L. In evalüating Bids, Owner wil1 consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such altemaœs, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Awarò. 00100-5 '-' ...J M. Owner may consider the operating costs, maintenance requirements, perfonnance data· and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award. N. Owner may conduct such investigations as Owner deems necessary to assiST in the evaluation of any Bid and establish the responsibility, qualifications, and suppliers and other persons and organizations to perform and fumish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. O. If the Contract is to be awarded, it win be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. P. If the Contract is to be awarded, Owner wj]] give the Successful Bidder a Notice of Award of Contract within ninety (90) days after the day of the Bid opening.· Q. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. R Within ten (10) calendar days of the date of award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver the necessary documents entering into the Contract with the Owner. The Public Construction Bond ànd the Trench Safety Act Compliance Statement shall have been furnished, executed, and delivered before the Contract will be executed by the Owner. S. Failure upon the part of the Bidder to whom the Contract has been awarded to execme and deliver the Contract and the Surety Corporation Bond in the manner and within the time provided shall be just cause the annulment of the award and for the exclusion of the Bidder from bidding on subsequent projects, at the Owner's discretion. It is understood and agreed by said Bidder, that if the award is annu1led for the above persons, the certified check or Bid Bond shan become the property of the Owner, not as a penalty, but as liquidated damages. 3.01 NOTES TO CONTRACTORS - CONTINUED A The Contractor agrees to reach a written agreement with the Owner within thirty (30) calendar days of the "Notice of Award" of the bid. The day the Contractor recei ves the pennit for construction shall be considered the first "Day of Commencement". The Contractor shall pay for the pennit and include the cost of same pennit in his base bid. The Contractor must procure the Required Permit from the Building Department within 10 days of being posted by the Building Department as being complete and ready for issuance. 00100-6 "-' """" B. The Bid Guaranty will be refunded to all bidders upon the selection of a Contractor The Contract will be awarded to the selected Bidder/Contractor and he/she shall enter into a Contract with the Owner and furnish the required Public Construction Bond. In the event he/she fails to do so, said Bid Bond/Bid Guaranty in whole or in Pill1, shall be forfeited as liquidated damages but not as a penalty. C. The successful Contractor will be required to furnish the Owner a Public Construction Bond in the amount of 100% of the total contract amount from a surety licensed to conduct business in the Atate of Florida. The Surety shall have an A+ or A rating under "Best's Rating Guide". The bond shall be submitted on the form furnished herewith under Section 00610. The Public Construction bond shall guarantee that the Contract will be faithfully performed; that the Contractor will save the Owner harmless on account of all claims for damaged persons, property or premises arising out of his operation prior to the acceptance ofthje finished work; and that he will promptly make payments to all persons supplying him labor, materials, supplies and services used directly or indirectly by the Contractor in the persecution of the work provided for in the Contract. Ther Public Construction Bond shall continue in effect for one (I) year after completion and acceptance of the work as guarantee against construction defects. In the event the Surety Company becomes unsatisfactory to the Owner, he may at his discretion, require the Contractor to issue a new bond in the same or lesser penal sum satisfactory to him, to be conditioned as required above. Upon the Contractor's failure to furnish such additional or new bond within ten (10) days from the date of written notice to do so, all payment under this Contract will be with..l}eld until such additional bond is fìJrnished. The cost of the bond shall be included by the Contractor in his base bid. D. Owner may consider the qualifications and experience or suppliers, subcontractors, and other persons and organizations proposed for the project. All contractors are required to submit a list of Sub-Contractors A.I.A. Form G-S05, April 1 970 Edition, listing their major Subcontractors (Site, Masomy, Electrical, HV AC, Plumbing, Roofing, Painting, Stucco, Landscaping and Iirrigation), at the time of Bid Opening. The List of Subcontractors Form with the above identified Subcontractors is to be filled out completely (no blank spaces) with respect to providing the Subcontractor Company name and telephone number. Following the bid opening, the apparent Jaw bidder, within 48 hours of notification/request by the Pmchasing Department, shal1 supply a complete listing of al1 proposed Sub-Contractors to act as an attachment to the submitted Form G-805. E. An work must be substantially completed, in accordance with the contract documents, within 540 consecutive calendar days as listed on bid form following the "Notice to proceed, and appropriate permits are in place." Þ..J1 inspection by the Architect shan be required to determine if substantial completion has been achieved. Because the actual damages for delay in completion are impossible of determination, the Contractor and his Sureties shall be laible for and shall pay to the Owner stipu]ated as fixed, agreed and liquidated damage the sum of Seven Hundred Fifty Dollars ($750.00) for each consecu tive calendar day over the listed consecutive calendar days for substantial completion. The Architect shall give due consideration to rain days, actS of God, and any 00100-7 '-" ...,.II Change Orders to the Owner-Contractor Agreement affecting the contract time in de terminating the late penalty, if any, and shall issue A.LA. Document G-704, April 1978 Edition, at the time of substantia] completion as defined below. Work to be perfonned by the Owner (IF ANY) will not be considered part of the Contract and will not be a factor in determining substantial completion. The Contractor shall, within ten (10) days from the beginning of such delay, notify the Owner, in writing, the cause of the delay in his work, or from the non-performance therof. F. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five days of Ovmer' s request, 'NTitten evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is guali£ed by experience to do the work and is prepared to complete the work within the stated time period. G. The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shalJ not plead his want of knowledge of said contingent work as an excuse for delay in his work, or from the non- performance thereof. 4.01 DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof, is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Ovmer can occupy or utilize the Work as designated portion thereof, for the use for which it is intended, as expressed in the Contract Documents. . ***END OF SECTION*** 00100-8 * 10/1112005 10:39 "'"5259980 \.,.. DAVID BROOkS ENT PAGE 01/01 ., 9000 Burma Raaci, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 October 11, 2005 Mr. Douglas M. Anderson County Administrator, St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Via Facsimile: (772-462-2131) & Certified Mail No" 7003 3110 0000 0311 2505 Re: Bid #05-089 Clerk of Court Office Building Dear Mr, Anderson: We are in receipt of the October 6 correspondence from Ed Parker advising of the County's intent to award the referenced project to Paul Jacquin & Sons. In conjunction with notification from Douglas Ackerman (Kirwin Norris, p, A.) please let this letter serve as notice of our intent to appeal the County's decision. Thank you in advance for your involvement and cooperation. Sincerely David Brooks Enterprises, Inc. David Brooks President Cc Ed Parker, County Purchasing Director (fax 772-462-1704) Dan Mcintyre, County Attorney (fax 772-462-1440) Mr. Brian Kirwin, Esq. (fax 407-740-6363) File Y:\BlddlngIClerk of COlJrtslProtest Letter2,doc Attachment #17 General Contractors· Constructjon Management '-' .." BOARD OF COUNTY COMMISSIONERS VIA FACSIMILE AND REGULAR MAIL COUNTY ATTORNEY DanielS. Mcintyre Hearher Young Karreríne Maci-lenzie-Smlrh ASSISTANT COUNTY AITOKNEY ASSISTANT COUNTY ATTOK,~EY October 12, 2005 Douglas W. Ackerman, Esq. Kirwin Norris 338 W. Morse Boulevard, Suite 150 Winter Park, Florida 32789 RE: St. Lucie County Bid #05-089 - Clerk of Court Office Building Dear Mr. Ackerman: Your letter of October 10 addressed to Douglas Anderson has been referred to this office for response Under the procedures followed by the County, the appeal of the Purchasing Director's decision is not a public hearing or quasi-judicial hearing. Therefore, the Board ordinari Iy will decide the matter based on the information presented by the Purchasing Director, which will include all of your earlier letters. The Board may, at the discretion of the Chair and the Board, allow interested persons to address the Board. In this type of proceeding, sworn testimony is not received, and parties are not permitted to cross examine anyone from whom the Board hears a presentation. Also, the Board does not exercise subpoena power on behalf of interested parties. If you have additional written information that you wish to present to the Board, please provide the information to the Purchasing Director by 5:00 p.m. on Friday, October 14. and it will be included in the Board's agenda package. Staff anticipates that the Board will resolve the protest on October 18 and award the bid based on the resolution of the protest. Copy to: County Administrator Purchasing Director 10-13-05POl :06 RCVD JOSEPH E. SMITH, OiSfric No.1. DOUG COWARD, DisHier No 2 . PAULA A. LEWIS, Disrricî No. J . FP,ANNIE HUTC (.;:¡unry AdminisrraTor - Douglas M. Aliderson Attachment #18 2JOO Virginia Aver,ue . Jrd Floor Admin. Annex . Forr Pierce. FL J49ð2-5( FAX (772) 462-1440 . TDO (772) 462-1428 - OCT-13-2005 11:35 \.- ~I ~~~~,~:~~:::. KIRWIN NORRIS, P.R. 407 ~'f.3 """ 338 W lion.. boul..v..,d Svitt" 150 Wlnt.-r Þørl rlorld.. 327¡S9 6363 P.02/02 407.74°.6600 407.74°.6363 fðx \«w"",l:Jr"'innorrl¡.(~m Dougl,,~ W A&rrman Dðvld 1\ Addltrin April A. At\:¡m DOnM A. Crðy Torm,it" D. Crowrll Dðnld Ii, ár....n.. t.nðn P. Kirwin Ii<:ltth..w (Î. Iic1'ilnn'7 tlru'" A. Nom! October 13, 2005 . Via Facsimile & U.s. Mail Daniel S. McIntyre, Esq. St. Lucie county 2300 Virginia Ave. 3rd Floor Admin. Annex Ft. Pierce, FL 34982-5652 Re: St. Lucie Bid#05-089--Clerk of Court Office Bu.iIding Dear Mr. McIntyre: Thank you for your letter of October 12,2005, clarifying the process before the Board of County Commissioners. Please be advised that we will endeavor to provide whatever supplemental material we can by 5:00 p.m. 011 Friday. However, as you know, we are reviewing public records today, Friday and possibly Monday, so it may be impossible to provide everything by Friday at 5 :00 p.m. Accordingly, we will forward the information as soon as possible and/or provide at the hearing. Also, we wou.ld like to request that you enclose a copy of the Archìtect's letter of recommendation be included in the Board's agenda. package. Has a fannal agenda. been set for the October 18, 2005 Board hearing? If so, I would appreciate it if you would fax my office a copy. DWA:knh co: David Brooks Ed Parker U :lPubli,,\DOCS\655..Q1 'f:,orrcspondencelMclntyrellt I.doc Orlondo A Prof!"~slonol A~~ociotion Wintn Pork. TOTRL P.02 .. ..... - .. .. . ,..., '-' rvtW 1 tJJ1l 10/14/05 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #2 - 13-0CT-2005 TO 14-0CT-2005 FUND SUMMARY FUND 001 001814 101 101002 101003 101004 101105 102 107 107002 107003 107138 140 181 1B3 185006 235 310005 401 418 421 441 451 461 505 505001 611 615 620 625 650 676 TITLE General Fund Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx FDOT-Hurricane Jeanne-Damage Cty Rd Unincorporated Services Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E9ll Surchar Fine & Forfeiture Fund-BOO Mhz Oper USDOJ Local Law Enforcement Block G Port & Airport Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir FHFA SHIP FY05/06 Becker Road I&S Fund Impact Fees-Law Enforcement Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Enforcement Trust Fund Law Library Agency Fund King Orange MSBU Fund GRAND TOTAL: EXPENSES PAYROLL 659,443.44 1.42 506.58 3,045.63 253,040.05 756.38 73B,647.43 1,320.76 35,548.21 19,505.BO 551.28 7,204.59 1,654.26 175.00 263,019.00 25.00 221,412.50 360,099.00 12,453.07 151.42 0.03 47.55 0.10 2.B4 3,443.36 4,955.23 63,B20.71 3,203.00 22,495.00 6,632.00 145,4B9.00 175.00 41.26 45,281.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,874,147.15 0.00 10/14/05 FZABWARR FUND 001 001165 001166 001289 001294 001295 001402 101 101002 101003 101006 101106 102 102001 105 107 107001 107002 107003 107006 115 118 140 140001 129 ~326 140333 140337 140338 183 183003 184205 184206 185006 185008 315 316 317 382 397 398 401 418 421 441 448 451 458 ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #55- 10-0CT-2005 TO 12-0CT-2005 FUND SUMMARY TITLE General Fund CSBG Grant FY05 Section 112/MPO/FHWA/P1anning 05 FDOT Trans Buses and Infrastructure FDCA/EMPA 2005 FDCA/Haz Mat FY'05 Hurricane Impact Marketing Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine'& Forfeiture Fund-E9l1 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Sheraton Plaza Fund Paradise Park Fund Port & Airport Fund Port Fund FAA Design 9L-27R/Install Perimeter FDOT Rehabilitate Airfield Lighting Rehab Airfield Pavement Markings Install Perimeter Fencing #412400 Install Perimeter Fencing #412401 Ct Administrator-19th Judicial Cir Ct Admin.-County Teen Court FDEP Fort pierce Shore Protection P FDEP South SLC Beach Restoration Pr FHFA SHIP FY05/06 FHFA Hurricane Housing Recovery County Building Fund County Capital County Capital-St Revenue Share Bnd Environmental Land Capital Fund Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 402,244.99 220.00 71,497.52 2,539.38 2,544.42 300.00 5,220.00 95,059.10 9,736.43 1,477.50 137.50 24,712.50 47,993.57 194,886.31 6,902.20 87,692.31 504.35 2,487.87 1,633.44 2,066.33 474.56 664.35 12,694.84 256.84 79,879.61 44,487.07 2,430.00 4,395.00 4,159.51 3,587.36 230.00 15,235.34 28,475.33 296.18 1,205.43 23,188.00 80,951. 53 1,550.00 218.45 16,225.00 5,500.00 309,146.40 28,952.74 3,589.53 84,091.54 5,601.09 131,961.48 71,370.69 ...., PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OU) YÇJjt, 1 10/14/05 FZABWARR FUND 461 471 478 479 481 491 505 611 625 '-' , ST. LUCIE COUNTY - BOARD WARRANT LIST #55- 10-0CT-2005 TO 12-0CT-2005 FUND SUMMARY TITLE Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 43,010.66 69,805.38 31,092.05 6,130.43 10,954.37 16,454.57 2,967.95 1,617.35 4,610.00 2,107,316.35 ..,J PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 2,679.26 0.00 0.00 2,679.26 2 ,," .,' '-" '""'" AGENDA REQUEST ITEM NO.C2A DATE: October 18, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-397 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-398 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve Resolution No. 05- 397 and Resolution No. 05-398 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: CONCURRENCE: IXJ APPROVED [] DENIED [ ] OTHER: Approved 4-0 County Attorney: iJ;¡/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1713 DATE: October 11, 2005 SUBJ'ECT: Resolution No. 05-397 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-398 Extending the State of Emergency for Hurricane J' eanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-397 extending the state of emergency for Hurricane Frances until October 29, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-398 extending the state of emergency for Hurricane Jeanne until October 30, 2005 at 7:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-397 and Resolution No. 05-398 as drafted. DSM/ caf Attachments '-' ~ RESOLUTION NO. 05-397 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during. the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until October 29, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective October 22, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft XXX XXX XXX xxx XXX '-' ..., PASSED AND DULY ADOPTED this 18th day of October, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-" ~ RESOLUTION NO. 05-398 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until October 30, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6, This Extension of the Declaration of Emergency shall become effective October 23, 2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-" -..; PASSED AND DULY ADOPTED this 18th day of October, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 'v '-' ...,; AGENDA REQUEST ITEM NO. G2J;J DATE: October 18, 2005 REGULAR [] PUBLIC HEARING (] CONsENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: First Amendment to April 13, 2004 Contract with Ranger Construction Industries, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the proposed First Amendment and authorize the Chairman to sign the Amendment. COMMISSION ACTION: CONCURRENCE: lXJ APPROVED ( ] DENIED ( ] OTHER: Approved 4-0 County Attorney: ~. Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 ....... ..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1710 DATE: October 10, 2005 SUBJECT: First Amendment to April 13, 2004 Contract with Ranger Construction Industries, Inc. -***************************************************************************** BACKGROUND: On April 13, 2004, the County entered into a contract with Ranger Construction Industries, Inc. for resurfacing. Attached to this memorandum is a copy of a proposed First Amendment to the April 13, 2004 Contract which, if adopted, would extend the contract term to October 31, 2005. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the proposed First Amendment and authorize the Chairman to sign the Amendment. Daniel S. McIntyre County Attorney DSM/ caf Attachment ~ ....; FIRST AMENDMENT TO APRIL 13, 2004 CONTRACT WITH RANGER CONSTRUCTION INDUSTRIES, INC. THIS FIRST AMENDMENT, made this day of October, 2005, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and RANGER CONSTRUCTION INDUSTRIES, INC., hereinafter called the "CONTRACTOR". WHEREAS, the County and the Contractor entered into a Contract on April 13, 2004 (County Contract No. C04-04-164) to provide for street resurfacing; and WHEREAS, the parties on June 7,2005, agreed on a change order (Change Order No. 1) which increased the "not to exceed" Contract price by $77,600,00; from $991,261.54 to $1,068,861.54; and WHEREAS, the parties desire to extend the Contract term to October 31, 2005 to account for unanticipated delays related to the hurricanes. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. to read: Paragraph 6.0 "Time of Performance/Delays and Extensions to Time" is amended The Contract term shall begin on April 13 , 2004 and shall end on October 31, 2005. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. g: \atty\agreemnt\Ranger-1A -1- ~ ...; As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order, 2. Except as amended herein, the remaining terms and conditions of the April 13, 2004 Contract as previously amended by Change Order No.1 on June 7,2005 shall remain in full force and effect. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: RANGER CONSTRUCTION INDUSTRIES, INC. BY: Print Name: Print Title: g: \atty\agreemnt\Ranger-l A -2- ~, ~ """'" AGENDA REQUEST ITEM NO. Cztc.... DATE: October 18,2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-395 - Authorizing the Acquisition of Parcels 57, 59 and 69 in Indrio North Savannas BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 05- 395 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: !XI APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 County Attorney: i~;1 Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff. 5/96 '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1711 DATE: October 10, 2005 SUBJECT: Resolution No. 05-395 - Authorizing the Acquisition of Parcels 57, 59 and 69 in Indrio North Savananahs **..***.****.**...*.**.*.......*......**.*.*....*.**......*.**.*......*....*.* BACKGROUND: On July 26, 2005, the Board adopted Resolution No. 05-181 which authorized the acquisition of Parcels 57, 59, 69, 170 and 229 in the Indrio North Savannahs by donation, purchase and eminent domain. Since the adoption of Resolution No. 05-181, the owners of Parcel 170 have expressed a desire to sell to the County for the appraised value. In addition, County staff does not recommend that County use the quick take procedure to acquire Parcel 229 (roads). Attached to this memorandum is a copy of Resolution No. 05-395 which, if adopted, would rescind Resolution No. 05-181 and authorize the acquisition of Parcels 57, 59 and 69 by donation, purchase or eminent domain. As indicated previously, the owners of parcels 57 and 59, by virtue of tax deeds, are willing sellers but cannot convey clear title. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-395 and authorize the Chairman to sign the Resolution. Daniel S. McIntyre County Attorney DSM/caf Attachment '-' "will RESOLUTION NO. 05-395 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RESCINDING RESOLUTION NO. 05-181, DECLARING THE ACQUISITION OF REAL PROPERTY KNOWN AS PARCELS 57,59, AND 69 IN THE INDRIO NORTH SAVANNAHS TO BE NECESSARY FOR PUBLIC USE AND FOR THE COUNTY PURPOSE OF PROVIDING PARKS, PRESERVES AND RECREATION FACILITIES AND PROGRAMS WITHIN THE COUNTY; AUTHORIZING THE ACQUISITION OF SAID PROPERTY BY DONATION, PURCHASE OR EMINENT DOMAIN; AND, PROVIDING AN EFFECTIVE DA TE. WHEREAS, the County is responsible for providing parks, preserves, and recreation facilities and programs within the County; and, WHEREAS, the County has been delegated the power of eminent domoin by Sections 74.011, 125.01(1) and 127.01(1) of the Florida Statutes to ~cquire property for and to provide parks, preserves and recreation facilities and programs within the County; and, WHEREAS, the Board has previously adopted the Indrio North Savannahs Management Plan; and, WHEREAS. the Board previously adopted Resolution No. 05-181 on July 26, 2005 which the Board now desires to rescind; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, hereby determines that the County's acquisition of fee simple titles to the properties described in the attached exhibits as Parcels 57, 59, and 69 is necessary for the public and County purpose of providing park, preserve and recreation facilities and programs consistent with the approved Indrio North Savannahs Management Plan and for the general welfare of the County and its inhabitants; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desires to authorize and approve the County's acquisition of the fee simple titles to Parcels 57, 59, and 69 set forth in the attached exhibits, by donation, purchase or eminent domain; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1: The above recitals are true, correct, ratified and hereby adopted by this reference. Section 2: Resolution No. 05-181 is rescinded. Section 3: The Board of County Commissioners of St. Lucie County, Florida, hereby authorizes the acquisition of the estates in Parcels 57, 59 and 69 set forth in the attached exhibits by donation, purchase or eminent domain, Section 4: Section 5: Section 6: Section 7: ATTEST: '-" ...." The County Attorney is authorized and directed to employ one or more real estate appraisers and such other experts as he determines to be appropriate to secure at least one current appraisal of value of the property described above for the purpose of acquiring said property. The County Attorney is hereby authorized and directed to proceed to take all necessary steps for St. Lucie County to acquire in its own name by donation, purchase or eminent domain proceedings, the estates in the real property described above and to prepare in the name of St. Lucie County all papers, pleadings and other instruments required for that purpose and to prosecute a/l eminent domain proceedings to judgment pursuant to Chapter 74, Florida Statutes. The County Attorney and County Administrotor are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes herein directed. This resolution shall take effect immediately upon passoge. AFTER MOTION AND SECOND THE VOTE ON THIS RESOLUTION WAS AS FOLLOWS: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commission Chris Craft Commissioner Joe Smith PAsSED AND DULY ADOPTED this day of ,2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 2 /<' ", AGENDA REQUEST ITEM NO. ~D DATE: October 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUN1Y COMMISSIONERS CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT,): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Florida Communities Trust Ten Mile Creek West I FCT Project 03-079-FF3 Declaration of Restrictive Covenants BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 20, 2003 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Ten Mile Creek West project. December 2, 2003 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract to Florida Communities Trust. August 23, 2005 - Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Varn Groves Inc. parcel. RECOMMENDATION: Staff recommends that the Board approve the Declaration of Restrictive Covenants, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [XX] County Attorney: c9k Review and Approvals ',,' h-,f (~ [XX] Environmental Resources:\/ l ¡ f) ~ APPROVED [ ] OTHER: [ ] DENIED Approved 4-0 J County Engineer: [XX] Originating Dept.: :ftvc~ ] Road & Bridge: JOMB: Finance: (Check for Copy only. if applicable) Eft. 5/96 G:\ACQ\ WP\JoAnn\Environmental\ Ten Mile Creek WestWarn\Declaration of Restrictive Covenants Agenda Request,wpd '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: October 18, 2005 SUBJECT: Florida Communities Trust Ten Mile Creek West / FCT Project 03-079-FF3 Declaration of Restrictive Covenants BACKGROUND: On May 20, 2003, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Ten Mile Creek West project. On December 2, 2003, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek West project. The Grant Contract provides 60'}'o of the project costs. The remaining 40'}'o of the cost to acquire the lands will be provided from the Environmentally Significant Land Fund. On August 23, 2005, the Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Varn Groves Inc. parcel. RECOMMENDA nON: Staff recommends that the Board approve the Declaration of Restrictive Covenants, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, G:\ACQ\WP\JoAnn\Environmental\Ten Mile Creek WestWorn\Declaration of Restrictive Covenants Agenda Memo.wpd - '-' -..I This document prepared by: Christine M. Cosby Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FF _ AWARD #03-079-FF3 FCT Contract # TEN MILE CREEK WEST DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a local government of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.1 05, 259.105] and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part JII, Fla. Stat., the Florida Communities Trust Act, creates a non- regulatory agency within the Department of Community Affairs ("Department") that will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carty out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.1 05(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-7.009(l), Florida Administrative Code ("F.A.C,"), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use ofthe Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall contain clauses '-' .., providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient do hereby contract and agree as follows: I. PERIOD OF AGREEMENT ] . This Agreement shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure to, FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF AGREEMENT ]. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARA TION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of St. Lucie County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection shaJ I forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status ofthe Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT I. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery ifby personal delivery or upon actual receipt if sent by registered mail. DRC\03-079-FF3 October 4, 2005 2 '-' ....., FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 AITN: Program Manager Recipient: St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 ATTN: County Attorney 2. In the event that a different representative or address is designated for paragraph I. above after execution of this Agreement, notice ofthe change shall be rendered to FCT as provided in paragraph I. above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 380, PART III, FLA. STAT. 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. Ifthe existence ofthe Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise ofthe power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any ofthe foregoing, FCT shall have the right to seek specific performance of any ofthe covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. DRC\03-079-FF3 October 4, 2005 3 '-' 'wII VI. MANAGEMENT OF PROJECT SITE I. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for compatibJe passive, natural resource-based public outdoor recreation, along with other related uses necessary for the accomplishment ofthis purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT. 2. The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3, The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use ofthe Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. . 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources ofthe Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEMENT CONDITIONS The following conditions are particular to the Project Site: The management plan for the Project Site is mentioned throughout this Agreement, and is DRC\03-079-FF3 October 4, 2005 4 '-' ...., particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-7.009(1), FAC.: I. Two or more resource-based outdoor recreational facilities including a canoe/kayak dock and nature trails shall be provided. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust and St. Lucie County. 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4, A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure Ihe protection of biological resources and be updated periodically. 5. The natural communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 6. The Project Site shall be managed in a manner that protects and enhances habitat for native wildlife species that utilize or could potentially utilize the site. The development ofthe management plan shall be coordinated with the Fish and Wildlife Conservation Commission to ensure the preservation and viability of native wildlife species and their habitat. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project Site. 7. A vegetation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed burn regime to maintain fire-dependent natural communities. The development of the prescribed burn plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 8. The County shall cap a six inch artesian well on the project site. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site, The objective ofthe control program shall be the elimination of invasive exotic plant species and the maintenance of a diversc association ofnalive vegetation, The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 10. A feral animal removal program shall be developed and implemented, as necessary, for dogs, cats, ducks, hogs, and other non-native wildlife that may be found on the Project Site, DRC\03-079-FF3 October 4, 2005 5 '-' ...., 11. Management of the Project Site shall be coordinated with the land managers of other conservation and preservation lands in the project area, including the South Florida Water Management District. 12. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 13. The location and design ofthe parking and other site improvements shall have minimal impact on natural resources, The parking area shall incorporate pervious material wherever feasible. Any storm water management facilities on the Project Site shall be designed to provide recreational open space or wildlife habitat. 14. No motorized boating facilities shall be provided at the Project Site. The management plan shall include provisions to protect manatees and wading bird habitat. 15. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to automobile transportation to the Project Site. 16. The development and management of the Project Site shall be coordinated with the agencies managing conservation lands in the designated North Fork of the St. Lucie River Greenway/Blueway corridor, to ensure the Project Site is protected and managed as part of a linked conservation lands. 17. The requiremenls imposed by other grant program funds thaI may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. VIII. OBLIGA nONS OF THE RECIPIENT RELA TING TO THE USE OF BOND PROCEEDS I. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; DRC\03-079-FF3 October 4,2005 6 ~ ...., c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or inlerest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any ofthe disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph IIL1. above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to eva]uate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site.. DELEGA TIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly aulhorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8 :00 a.m. to 5 :00 p.m., local time, Monday through Friday. 7 DRC\03-079-FF3 October 3, 2005 '-' ....., 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office ofthe Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient sha ] consider a ] sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient sha ] ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 2l5.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. Ifthe Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 2 J 5.97, Fla. Stat., the cost ofthe audit rhust be paid from non-State funds (i.e., the cost of such an audil must be paid from Recipient funds not obtained from a State entity), 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each ofthe following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Ta ]ahassee, Florida 32399-2 J 00 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 1 J 1 West Madison Street Tallahassee, Florida 32302- J 450 8 DRC\03-079-FF3 October 3, 2005 ~ ..., 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreemenl, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission ofthe final expenditures report. However, iflitigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant ("IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. X. DEFAULT; REMEDIES; TERMINATION I. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the currenl activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt ofthe request and approval shall not be unreasonably withheld, It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shalJ treat such property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS 1. This Agreement shalJ be construed under the laws ofthe State of Florida, and venue for any actions arising out of this Agreement shalJ lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shalJ be deemed 9 DRC\03-079-FF3 October 3, 2005 "" ..."" nuIJ and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy ofFCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list folJowing a conviction for a public enlity crime or on the discriminatory vendor list may not submil a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may nol transact business with any public entity in excess of Category Two for a period of 36 months from the date of being pJaced on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: ST, LUCIE COUNTY By: Print Name: Title: Print Name: Date: Print Name: Approved as to Form and Legality: By: Print Name: 10 DRC\03-079-FF3 October 3, 2005 -.... ...., STATE OF FLORlDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of ~ u ~ the Local Government, and who is personally known to me. ,2005, on behalf of Notary Public Print Name: Commission No. My Commission Expires: Witness: FLORIDA COMMUNITIES TRUST By: Kimball Love, Director, Division of Housing and Community Development Print Name: Date: Print Name: Approved as to Form and Legality: By: Trust Counsel STATE OF FLORlDA COUNTY OF LEON The foregoing instrument was acknowJedged before me this _ day of by Janice Browning, Director, Division of Housing and Community Development. known to me. ,2005, She is personally Notary Public Print Name: Commission No. My Commission Expires: 11 DRC\03-079-FF3 October 3, 2005 '-' EXHIBIT "A" Legal description will be sent when approved by Florida Communities Trust. DRC\03-079-FF3 October 3, 2005 12 ..., '-' ..., ...... AGENDA REQUEST ITEM NO. C2E DATE: October 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Termination of Lease - West t of Parcel 51 St. Lucie County International Airport BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board authorize the Chairman to send a letter notifying the tenant of the County's intent to terminate the Lease as to the West t of Parcel 51 within 180 days from the date of receipt of the letter. COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [ ] OTHER: Approved 4-0 County Attorney: ¿/<Y Review and Approvals Management & Budget: Purchasing: Originating Dept. Public Works D,r: County Engineer: Finance: (Check for copy only, If applicable) Eff. 5/96 G:\ACQ\ WP\JoAnn\Airport\ T and T Land. Ltd\ Terminate Lease Parcel 51 Agenda Request.wpd '-' 'WI - ". ," '. "", -" , > ,-.... . '-. "'-.' ,._, .' ·...1·. .~. ," . .. þ. --- -"'--'''''''''~'-''.'.''''---'''--'~''''' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Boord of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1571 DATE: October 18, 2005 SUBJECT: Termination of Lease - West t of Parcel 51 St. Lucie County International Airport *********..*****.****.***************************..**.*...******.***.**...._***** BACKGROUND: Attached is a copy of a Lease dated May 7, 2002 between the County and T. Bennett. The Airport Director has requested that the County terminate the Lease as to West t of Parcel 51. The Lease provides that the County moy terminate the Lease without cause by giving 180 days prior written notice. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Chairman to send a letter notifying the tenant of the County's intent to terminate the Lease as to the West t of Parcel 51 within 180 days from the date of receipt of the letter. Respectfully submitted, DSM/jmr Attachment G:\ACQ\ WP\JoAnn\Aírport\ T and T Land, Ltd\ Terminate Lease Parcel 51 Agenda Memo.wpd ~ .1f(30;:2 -ó 5 - Ç;q0 ....., LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and T. BENNETT ("Lessee"). In consideration of the mutual promi ses and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and improvements located more particularly described in Exhibit "A", attached hereto and incorporated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for agricultural production. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by S1. Lucie COWlty, the State of Florida or any other federal, state, or local agency havingjurisdiction over the operations of S1. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor 3. :MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that is has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fulJy accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full authority to enter into this Lease. 4. INDEMNIFICATION AGAINST CLAIMS. TheLessee is and shall be an independent 1 '-" ...,.¡ contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shal1 and will indemnify and hold harmless Lessor from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way cormected with the use, occupation, management, or control of the leased premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way cormected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss ofJife or property of any kind or nature whatsoever sustained during the term of tills agreement, in or about the leased premises or surrounding area (except for injuries, damages or cJaims willch are the result of the primary' negligence of the Lessor and for willch the Lessor is legally, directly, and primarily liable). 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no tillrd person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. 6. OPERA DON COSTS. Lessee agrees promptly to pay when due aU of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity,water and sewer, 2 '-" ..J and aJJ other expenses incurred in and use and operation of the leased premises. Lessee agrees to obtain at its expense a1l pernlits and licenses which may be required by any governmental urnt. Upon Lessor's request, at reasonable intervals, Lessee sha]] promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee sha1l be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments which may be assessed against the leased premises during the term of this Lease. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or Xl of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated witl}jn thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor sha1l have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date ofthe giving by Lessor of written noti ce to Lessee of the existence of such default, Lessor sha]] have the option of declaring this lease tenninated, and the interest of Lessee forfeited, or Lessor may exercise any 3 ~ ...", other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party -shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shalJ seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee orreceiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shaU enjoin Lessor from exercising any of its rights, such injunction shaU automaticalJy tem1inate this lease. 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the interior of leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state ofrepair and condition. Lessee shall comply with any aesthetic standards which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and aU other repairs that may be required to be made, excluding structura] and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at al] times welJ painted, Lessee at its expense agrees to deliver to Lessor upon the tennination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shaU, thIoughout the term of this lease, assume the entire responsibiJity and shaU relieve Lessor from all responsibi]jty for all routine repair and maintenance whatsoever to the premises and for aU repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or 4 \w' ...."j visible to the general public sha]] likewise be so kept and maintained. Lessee sha]] be responsible for the routine maintenance and repair of a]] fuel tanks and utilities service lines that Lessee is using (except common utihties, if any), including, but not limited to, service lines for the supply of water, gas, electricity and teJephone service, sanitary sewers and storm sewers. Lessee shall, at a]] times during the term of this lease, take appropriate anti-erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any materiaJ respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be avaiJable to it, repair: replace, or rebuild a]] or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee sha]] have the right to erect~ maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with a]] FAA, local govemmenl and airport rules, regulations and ordinances. 10. TERM; TERl'v1INA TION. The term of this lease sha]] begin on August I, 2002, (hereinafter referred to as the "commencement date"), and shall terminate five (5) years from that date. Delivery of the possession of the premises to Lessee sha]] be made on the date of this Lease. The term of this lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon one hlli'1dred eighty (] 80) days prior written notice to the other party. 5 '-" ,..." 11. RENT SECURlTY DEPOSIT. RENT CREDIT AND MTNUAL ADJUSTMENT. Lessee sha11 pay as rent for the leased premises the annual renl in the amount of two hundred seventy-three and 77/100 dollars ($273.77) per month, plus all applicable sales, use, and hke taxes. The monthly rental payments sha11 be due on the fifteenth day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of two hundred seventy-three and 771l 00 do11ars ($273.77) Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shalJ be by check made payable to "S1. Lucie County" and delivered to 2300 Virginia A venue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay a11 apphcabJe sales tax imposed by federal, state and loca] governments. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter, the .Annual Rent sha11 be adjusted in accordance with the provisions hereinbelow. Said adjustments sha11 be computed one (1) month prior to the end of the preceding Teill1, or Renewal Teill1, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive montWy installments. The adjusted Annual Rent for the apphcable Teill1 or Renewal Teill1 shalJ be deteill1ined by multiplying the Annual Rent then in effect for the Teill1 of this Lease by a fraction, the numerator or which is the Consumer Price Index (Allltems and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Teill1, or the Renewa] Teill1, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned caJculation date. 6 \w 'WI If the Lease Tenn commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, compuled based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and any improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the temlS of this lease. Lessor shalJ use its best efforts to not disturb the rights or business operations of Lessee or of any sublenants or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreemenl or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shalJ have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shalJ allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed alJ or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shalJ not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13 AFFROV AL OF CONSTRUCTION. Prior to any construction upon the premises by 7 '-' -...I Lessee, induding any aJterations, changes or additions, Lessee sha11 submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans musl be given by Lessor and the St. Lucie County Community Development Department which approval wi11 not be umeasonably withheld and any other appJicable government or agency. 14. CONDEJ\1NA TION. If any part of the Premises shall be taken or condemned for a public or quasi-pubJic use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount detennined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Lessee detennines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to tenninate this Agreement as of the date when title to the part so conderrmed vests in the condemnor. If all of the Premises shalJ be so taken, this Agreement shall tenninate on the date when title to the Premises vests in the condemnor. If a part or alJ of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's Joss of buildings and its furniture and fixtures, the cost ofremoving its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specificaJJy apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 15. DEFAULT IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of perfonnance are of the very nature and essence of 8 '-' """" it If any sums of money required to be paid by Lessee to Lessor sha]] remain unpaid for a period often (10) days after its due date and after ten (1 0) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shalJ have the fo]]owing options and privileges: A. Lessor may declare one (1) year's rental as presently due and payable. Such declaration shalJ not be construed as a splitting of a cause of action, nor shalJ it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. B. Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrentJy or separately with the exercise of the above options. 16. DEFAULT IJ\f OTHER PROVISIONS. If Lessee shall default in the perfonnance of any other term of this Jease (except the payment of rent), then Lessor shaJJ send to Lessee a written notice of default, specifying the nature of the default, and Lessee sha]], within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease sha]] continue as before. If Lessee shall faiJ to cure and remedy such default within the applicable time, Lessor shalJ have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 15(a), 15(b), and 15( c) of this lease. _ If written notice of the default sha]] have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take alJ steps and do a]] work required to cure such default and does so cure such default, Lessor shaJJ not have the right to declare that lease tenn ended by reason of such default; provided, however, that the 9 .'-" ...,I curing of any default in such manner shal1 not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 17. O\VNERSHIP AT TERMINA TION. All buildings, structures and fixtures of every kind now existing or hereafter erected, instal1ed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. Nonfixture persona]]y owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and al the time of such expiration or earlier termination, Lessee at its option may remove al1 such personal1y, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, al] such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Lessee of any such personalty sha]] be repaired by Lessee forthwith at its expense. 18. INSURANCE. The parties agree to the following provisions pertaining to insurance: A. Fire and Extended Coverage Lessee shal1, at all times during the term of this lease and at Lessee'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 Lessor as an additional named insured A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, 10 '-" """" specificaJJy providing that the insurance shalJ not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. B. Worker's Compensation Lessee sha]] carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. C. Liabilitv Insurance The Lessee sha]], at its own cost and expense, promptly procure and pay for and at alJ time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and alJ of the foregoing with coverage limits of not less than $500,000 for bodily injury.and property damage as a result of any single occurrence concerning Lessee's operation ofthe leased premises. The described policies of insurance and alJ renewals of those policies shalJ be delivered to and held by the Lessor. The insurance policy shalJ provide Broad Form Comprehensive General Liability coverage and it shalJ include persona] injury; products and completed operations; and contractual liabi1ity specifically insuring this Hold Harmless paragraph. The policy shalJ further name 8t. Lucie County as an additional named insured and shalJ provide a thirty (30) day notice of cancelJation or non-renewal and a severability of interest endorsement. A certificate of such insurance shalJ be provided by Lessee to Lessor at the time of execution of this lease. D. Damage or Destruction to Leased Premises Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shalJ be damaged or destroyed, Lessee shalJ, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shalJ be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shaD be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee 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 CUlY leasehold il '-' 'wII mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 19. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased premises, or any portion of those premises upon prior approval by the Lessor of the form sublease. Lessee shall not assign this agreement without the prior written consent of the Lessor. If Lessee is a corporation, partnership or other type of business entity other than an individual, there sha]] be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be umeasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: Board of County Commissioners 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: T.Bennett 5219 Okeechobee Road Fort Pierce, Florida 34947 l2 '-" 'will or to such other addressees) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shalJ not be affected. 22. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 23. NONDISCRIMINATION. Lessee, in exercising any of the rights or priviJeges granted to it shalJ not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 ofthe Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscriminatjon covenant. 24. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shalJ be secured by this lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in arrspace, and for use of airspace for landing on, taking off from or 13 '-'" ...., operating on the S1. Lucie County International Airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federa] Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the Jeased premises which would interfere with or adversely affect the operation or maintenance of the S1. Lucie County International AirpoJ1, or otherwise constitute an airport hazard. 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current aruma] interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and withoul further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in sucb event Walve any demand for possession ofthe property, and agrees to surrender and deli ver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the 14 '-' ""-II premises, rents paid, or from any other cause whatsoever The provisions of this paragraph shal1 not be construed so as to divest Lessor, in the event of such default, of any Jegal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a Lessor when the terms of a lease have been breached by a Lessee. 28. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of t¡lis lease in anyone or more instances, shaD not be construed as a waiver or reJinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the tenn sha]] be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shal1 have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 29. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shal1 fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and retam the same in its possession, and may sell the same at public auction, the proceeds of which shaD be appJied first to the expenses of such removal and storage and sale, and the balance paid to Lessee 15 '-" ..,,; upon the demand of Lessee, providing that the proceeds of such saJe exceed tile expenses of such removal, -storage and sale. 30. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be enÜtled peacefully to enjoy, to occupy and to possess the Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 3 l. RlGHT TO RECORD. Lessee shaJl have the right at its expense, to record this lease in the Public Records of St. Lucie County, Florida 32. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date ofthis agreement" or "date ofthis ]ease" shall be deemed to be the date this lease is executed by the party last executing same. 33. 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 respecl thereto. This Agreement may only be amended by \vTitten document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. AJI interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 34. VENUE. In the event of a dispute between the parties lD cormection with this 16 '-' -.I Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shaJJ agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for 8t. Lucie Calmty. The fee of the mediator shaJJ be shared equaJJy by the parties. To the extent allowed by law, the mediation process shaIJ be confidentia1 and the results of the mediation or any testimony or argument introduced at the mediation shaIJ not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of auc:~ ,2002. Û WITNESSES d7.¿-1J J3ç((\'~np:t~r~Î~CL l)~ ::~;Ý&$ T. BENNETT STA TE OF FLORlDA COUNTY OF vd /tU'~~ , ) ) ss ) BEFORE ME, the undersigned authority, personalJy appeared T. BENNETT, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged þ(., to oDd ä;,:~ iliat be "',"ied ,,;d inst,"m'Dt fm ili, po'p"" ili,,,in exp,,"",d DO 'b;, ¿;ç day of . , 2002. (1ð-/A//AL -<"Í ~/,-;z-/;) j>ì6iary Public ¿;/ / State of Florida Mv Commission Expires . . ~ )? rnJ dUJ / ¿;20 tJ.j Personally KnOìi"ll / Produced Identification _ Type ofJdentification Produced: (Notary Seal) i:ë't~~ ..I ':"".~~.~.~ ~,., ,;~\,~:;~~., BEVERLY BUSTIN MY COMMISSION # DO 054974 DPlfOES: November 20 2005 8.Jnœd 1hflJ NOlary Ptb/iç U~rwmØf5 17 '-" .."" IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this ~ day of /nao-. ,2002. . ATTEST: BOARD OF COUNTY COMMJSSIONERS ST. LUCIE COUNTY, FLORlDA BY, LJ¡¡.ed CHAr .".. APPROVED AS TO FORM AND CORRECTNESS: ~~ /VìI. COD Y ATTORNEY STATE OF FLORlDA ) ) ss COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority,persona]]y appeared DOUG COWARD, chairman of the St Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this /0~day of .&.p-fUYIht;'I , 2002. ~ CL ~Jwro Notary Public State of Florida My Commission Expires: (Notary Seal) Persona]])' Known '0roduced Identification _ Type of Identification Produced: "~'ð'l Carol A Bishop *~~ My Commission =38534 "~"" K.·l Expiles May 21, 20Q..4 g: \atty\agr eemnt\J ease Ib enn en. w pd 18 '-' ....,¡I EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES A parcel of land lying in and being a part of Section 24, Township 34 South, Range 39 East, St. Lucie County, Florida, being more particularly described as: Parcel4S: The East % of the following described property: South % of the SW 1/4 of the NW 1/4 less the North 626.66 feet and less tbe West 71 feet for rigbts-of-way; and the NOlib % of the NW 1/4 of the SW 1/4, less the West 71 feet for rights-of-way, in Section 24, Township 34 South, Range 39 East, S1. Lucie County, Florida. (Parcel ID No. 1324-3'33-0026-000/2) 1. Parcel 47: The South % of the Northwest J/4 of the Southwest 1/4 of Section 24, Township 34 South, Range 39 East, less the West 7J feet for Kings Highway and Canal 4 rigbts-of-way, S1. Lucie County, Florida, LESS the North ISO feet of the West 4 J 7 feet of the South 330 feet of the South Y2 of the Northwest 1/4 of the Southwest 1/4 of Section 24, Township 34 South, Range 39 East, less the West 7J feet for road and canal rights-of-way, S1. Lucie County, Florida. (Parcel ID No. J 324-323-000J -000/7) Parcel 47A: The North ISO feet of the West 417 feet of the South 330 feet of the Soutb 1;2 of the NW J/4 oftbe SW 1/4 of Section 24, Township 34 South, Range 39 East, less the West 71 feel for road and canal rights-of-way, S1. Lucie County, Florida. (Parcel ID No. J324-323-0002-000/4) Parcel 46: The Northeast 1/4 of the Southwest 1/4 less, the East 80 feet thereof and tbe South 1;2 of the Southwest 1/4, less the West 71 feet and less the East 80 feet, Section 24, Township34 South, Range 39 East, St. Lucie County, Florida. (Parcel ID No. J324-31 J-OOOJ-OOO/O) Parce] 51: A parce] of land lying in and being a part of Section 2S, Township 34 south, Range 39 East, S1. Lucie County, Floiida being more particularly described as: the North % of the Northwest 1/4, less the West 7J feet and less the East 80 feet, Section 1S, Township 34 Soutb, Range 39 East, S1. Lucie County, Florida. (Parcel ID No. 21] -0000-000/9) 19 ·l~ I "'.2'_ < î ~i t; ¡ . , ! ¡ , , ~ . ì ~ ~ r I : E' o ~ I ~ 10i' w ",. (2.JJ.<XJ~'.5I ~.,. ~. ;z.1J¡~~""J ~~IDI'!t ~ r2,JJ-002'<<-OIV J:J.I8.... P Mc..J +7 IJ2..XXXJHXXJ/f1 1ft.O"A. P ~J '1-7 A (~/') I!LJA< /t.JJ«t)!).OtXIJ"7j '~.J!> .. :~~. PD.AcJ t~ rJIKJCJC»<XiWC¡¡ '''.n.... PCUcc.J 51 12'1~'J H.e;! ~, I~'J u.~~ N:. ~H 51-1[[1 \.J/204N o '''2I-OQ»OOO/,¡ ;)ð.o:n... , í" o ,. ; i-'- ,i --- ; , ~ J. --.-..------- ." ~ i o . ~ ~ ij § g " d , î . í ----1""1- ..~----- ---- ------ '" '"''' ,,,'" u. ..." r- , ;-'- , , ------'..;.¡-----¡n;r--'l,: ." .. ___.i i ( --~--- r "«JlM~ ""0 ", ¡ , ~., , ¡ ¡ , , , , , ~, , ç.i....... '\ \, ......~, '...... . Id/oOJ/J!ooOOO"JI n,OI"" ~--"'---, / -"--"-I "---'- ~--' ("'J¡..ap-HXJO/~J ....~~ ", -, NNW1r ,,¡p. sr¡'l~co.f'Om' - j"J~/'! l.n2 ~. c! i._,1 AlRPORr MfrHOffrrT Sr.lIJCICr:rJ,f'OIn', ./" JfJ()K;6Þi/tl"OllfT.Þ/JTfK¡IffrT ~.LUCI(~z.DOO/6¡ ~,.o~ "'< å ~1. U<:I~ !;¡WM'i' 4SSE5fS,~~T,,_,.~jF. ~¡;'<ffiil' U.... ,u~"!'t~, .:,~¡"'" a~b ''''J ~ J ~~ ='io<. .~.~í'¡H ,... L'~ ~t,~,'O[.'[¡,< ...¿ AGENDA REQUEST ITEM NO: C-3 A DATE: October 18, 2005 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Port St. Lucie Fall Festival-Request to Waive Fees at Tradition Field BACKGROUND: The annual Port St. Lucie Fall Festival will be held at the Tradition Field parking lot Wednesday, October 26 through Sunday, October 30, 2005. The proceeds will be split between the United Way of SlC and the Lyons Camp & Eye Program. Jane Rowley, Chairperson for the festival is requesting that the Board of County Commissioners waive the $4,052.33 fee. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners waive the $4,052.33 fee as requested by Jane Rowley for the Pt. St. Lucie Fall Festival to be held at Tradition Field October 26 through October 30, 2005. COMMISSION ACTION: CONCURRENCE: [xJ APPROVED [] DENIED [ ] OTHER: Approved 4-0 County Attorney: Originating Dept: J-k Coordination/Siqnatures ~ Mgt & Budget: { 7 ______ Public Works: Other: Purchasing: Finance: (Check for Copy only, if applicable) ~ '10/06/2005 14: 16 SPORTSCOMPLEX "",8715456 S:r.L·UGJE _.~. COUNTY .... FlORIDA - Port St. Lucie Fan Festival Conact: Jane Rowley 772-101-oU9 Fax: 772-340-3718 Contract #04- Monday & Tuesday, October 24 & 25, 2005 . Move: In Wednesday & Tbumlay, October 26 & 27, 2005 - 5 p.m. - 10 p.rn. Friday, October 28, 2005 - 5 p.m. - Midnight Saturday, October 29,2005 - 1 t a.m. - Midnight Sunday, October 30, 2005 - 1 t a.m. - 6 p,m. Monday, October 31, 2005 - Sheriff's DepllI1ment to Clean Estimated Rental Cost Parking Lot Rental Fee 5 days @ $500/day 2 days @ $250/day Move In/Move Out Fee Trash Bond Houseman 37 hrs @ $15/hom each Sub· Total Sales Tax 6.5% TOTAL ..., $2,500.00 $500.00 $250.00 $555.00 $3,805.00 $247,33 54.052.33 Tax Exempt Certificate Certificates of Insurance Special Event Permit Dumpsters/Trash Barrels Water Usage Security Clean Up Portable Restroom¡ To be procmed by User To be procured by User To be procured by User - City of Port St. Lucie To be procured by User To be procured by User To be procured by User Personnel, Sheriff's Office, to be procured by User To be procured by User PAGE 01 1~/11/2~~5 ~8:58 7728715456 .la·H·'2C¡O~ TVE 09:!H "'X '-' SPORTSCOMPLEX PAGE 01 I(/J002:0(12 . ' ""'" /- I I ............."-.--~ DESK OF: JANE ROWLEY DIRECTOR OF COMMUNITY RELATIONS CORE COMMUNITIES 10521 S W VILLAGE CENTER DR. $.201 PORT ST. LUCIE FL. 34967 I r 7ïZ-340-3S00 I, FAX' 340-3118 I 77Z-:Z01-01~' I I BEnWAY I I ~------ I I L 10/11/05 TO: St. LUCIE COUNTY TRADJTION FIELD AS CHAIRPERSON OF THE FALL fESTTV AL, A NON- PROFIT FESTIVAL SPONSORED BY THE ül\'ITED WAY AND TIŒ DOWNTOWN LIONS CLUB. v,,1! AAE TOTALl Y RU;-"¡ BY VOLUNTEERS. THIS IS OUR FIrm YEAR. m HAVE GIVEN TO CHARlTY OVER THE LAST FIVE YEARS. $13S.000.oo. THANK YOU FOR YOUR CONSIDERATION. , L r ~ '" '-' """ AGENDA REQUEST ITEM NO: C-3B DATE: October 18, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: SAINT LUCIE COUl\'TY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: TRADITION FIELD FEE ADJUSTMENT BACKGROUND: The Eventco Sports Inc of Stuart is looking into the possibility of bringing a professional boxing event to Tradition Field. The President of the company, through a memorandum to the County, is requesting a flat fee rate adjustment of $1, 000 (rental), and $ 5 00 (clean-up). This agenda requests the Board's approval to reduce the rental fee to $1,000 and the clean-up fee to $500. If approved, the event will be held on November 19, 2005. Concessions sold during the-event willbedistributed to the County in accordance to the terms -oftbe contract with Sterling Facilities Services. This event is being sponsored by the New York Mets. FUNDS WILL BE MADE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends the Board's approval to adjust the rental and clean-up fees to $1,000 and $500 respectively for the use of Tradition Field on November 19,2005. COMMISSION ACTION: CONCURRENCE: IX] APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 ~ Coordination/Signatures County Attorney: Management & Budget: Purchasing: Originating Dept: 9ther: Finance: (if applicable) MITCI S"I¡(IC ...." 2920 S£ Kensington Street Stuart, Flopda 34 Voice: 772-220-2035 Fax: 772-78.-5968 I I Boxing and Sports Promotf¡ons October 10, 2005 Mr. Doug Anderson St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Anderson, , This letter is being sent to you regarding the possibilitY ofbri 'ng a professional boxing series to Tradition field. Upon visiting the Mets fa.cility and Ineetin with Mr. Paul Tagliere it became evident that this would be by far the best complex on the Tr re Coast to host tlús type , I of event. We have bett1 promoting shows of this type in South florida r the past four years and are sanctioned by the Florida state boxing commission. Our goal is ntinue to create a quality event that is fan safe, family friendly, and affordable to Wi. To I accomplish this we seek cooperation !Tom sponsors, production associates, and venue hosts. on review of your fee's I am requesting that you consider a flat fee rental of $1,000.00 JUld a c ~ up flat fee of $500.00. This would allow us to offer a more affordable admission.; This S ould increase attendance, which in turn would create more revenue for all parries involved. J Our target event date is Saturday November 19111 200$. 1 wo d appreciate you taking a moment to consider this proposal and respond as soon as pO$sible. . s sporting event has met with great positive response in South Florida. I look forward to work' closely with Saint Lucie County and the Met!! organization to successfully bring ureat s rts entertainment to the Treasure Coast. Please feel free to call me if you have any questions. T . ank you for your time, nSinc~~~~e.·· ,. ~ '¡v:At..t¡oo. Maurice F. ãlacame Pres. Eventco Sports, Inc. >RODUC~R AND THE NAM~O INSUR!D r.E.B.S. '" ~RTIFICATE OF LIABILITY I NSUFtANCII - - ..- """" DATE IMtNDOIYY) ~s 8722 South Herrison Street SandY. UT 84070 INSURED North American Boxing Federation THIS cel!TlFrCATE S ISSUED AS A MATTER OF INFORMATION ONLY A,.p CONFE S NO RIGHTS UPON THE CERTIFICATE HOLDER.' THIS CE TlFICATE DOES NOT AMEND, EXTEND, OR AL TER TltE COVE' ..BE A"FORDED BY THE POLICIES BELOW. IN SUR! ~s AFFORDING COVERAGE INSURERI': INEXn' IS Prime Insuranoe SyndlcBle, Inc. INSURER :!: INSURER C: INSURER[ ~:b: INSURER : INSURER : THE POUCIES OF IN8URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F:t THE PO CY INDICATED. NOTWITH8TANDINIO ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OtHER DOCUMENT WITt1 RESPECt TO ICH THiS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE Þ.FFORDED BY THE POUClE5 DESCRIBED HEREIN IS SUIIJ¡¡CT TO A~L THE TERIlj S. CLUSION AND CONDITIONS OF SUCH POLICIES. AGGREBATIi: LIMITS SHOWN MAY HAVE BEIN REDuceD BY PAID CLAIMS. INIT POUcy EFFECTIVE l TR 'lVPE OF IN$URANCE 'OlICY NUMBER DATE IMMIOOIVV) 214 E Irving Perk Rd Wood Dele, Il60191 COVERAGES GENERAl. LIABILITY COMMERCIAL GENEllAlllAalllTY CLAIMS MADE OCCUFI [g COMIIERCIAl lIABilITY IIANUacRIPT POLICY GEN'l AGG~GATE liMIT APPLIES PER 121 POLIcY PIlòJECT LOC AUTO UAIILITY NlY AUTO Au. OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-DWNED AUTOS POUCY .)¡PIAA TlON DATE IIIM.O!llYV1 08/01/2008 SPO~07484 01/01/2005 "LIMITS SHOWN ARE THOSE IN EFFECT AS OF POLICY INCEPTION" GARAGE lIAB'LlTYIMANUSCRI!'T FORM SCHEDULE A(!TO GK.U. ORM¡AWAY o.o.C, CARGO ON HOOK CONTRACTUAl.l.lABlllTY OTHER !!XCIIS UAIIILITY OCCUR CLilIMS MADE DEDUCTIBLE; RETENTION 1 OTHEII DESCRIPTION OF INSURm OPEAATIONII.OCATIONSNEHICLES/EXCI.USIONS ADDED BY ENDORSEMENT/SPECIAL PROVISI1!>NS Coverage is limited to only insured activities or operat;on¡ Identified in the Policy. ' CERTIFICATE HOLDER [8j ADDITIONAL INSURED LOSS PAYEE UMITS , EACH OCCURANCE , 11,000,000.00 FIRE DAMAGE (Any ono r...j SN/A MEa EXP (Any one po""'"1 $ NIA PERSONAL ADv INJURY INIA GENERALAGßREGATE 12.000.000.00 PRODUCTS· COMNOP AG PER PERSON so.oo ANNUAL AGGREGATE 1 BODilY INJURy (p., P"'OI\) .~~-- BODilY INJURy (Per_I) ~ S PROPERTY DAMAGE (Per Acf;Jó8nt.) S PER PERSON S PER ACCIDENT I "GGREGATI; S PROPERTY D.o\MA(¡E S , EACH (JCCURAHCE S AGGRkGATE S $ I i : .. ,.., $HOUI.D ANY OF THE ABOVII,DESCRIS5 POLICIES BE CANCEI.!.ED BEfDRE THE EXPIRATION DATE THEREOP, THE IS$UI 'G INSURER WII.L ENDEAVOR TO MAIl. º DAYS WRITT"N NOTICE TO THE CI!RTlFICATE IOLDER NAMED TO THE !.EFT, BUT FM.URE TO DO SO SHAI.L IMPOSE NO OILlGATION R !.lABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS. OR}.EPRESEN1\I\TIVES. AUTHO~EPRESENT ATlVE OF ~ . 'PIAICHASING GROUP" //j."1.J"' ...-. (~.Y. ¿// EventCo Sporta, Inc Attention: 2920 SE Kensington ST stuart, F'l 34997 IDA-F-030 10AUG2005 Pege 1 of 1 '\r/ ITEM NO.~ DATE: 10/18/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: First Extension to Contract C04-09-495 with Steve Barnett, Inc. for car washing services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Department Accounts PREVIOUS ACTION: On September 21, 2004 the Board of County Commissioners approved Contract C04-09-495 with Steve Barnet, Inc. RECOMMENDATION: Staff recommends approval of the First Extension to Contract C04-09-495 with Steve Barnett, Inc., and authorization for the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: 00 APPROVED ( ) OTHER ( ) DENIED Approved 4-0 County Attorney ( X) ) Coordi nation/SiQnatures VYn'~ ' ð Mgt. & Budget (X~ Ill! lY ] . Purchasing (X) 61 / Other ( ) Other ( ) Originating Dept. ( ) Finance: (check for copy, only if applicable)_ .' '-' BOARD OF COUNTY COMMISSIONERS """ PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Directorç;1f Date: October 10, 2005 Re: First Extension to Contract C04-09-495 with Steve Barnett, Inc. for car wash services BackQround: On August 11, 2004, RFP #04-097 was opened for Car Washing Services for Cars and Pick-up Trucks for the Central Services Garage. One hundred and fifty-six (156) vendors were notified, seven (7) bid documents were distributed, and two (2) responses were received. The Selection Committee met on August 24, 2004 to evaluate and rank the proposals for RFP # 04-097 Car Washing Services for Cars and Pick-up Trucks. The Selection Committee ranked the firms in the following order: (1) Steve Barnet, Inc. (2) Rocket C arwash, Inc. S taft recommended a pproval to a ward R FP # 04-097 Car Washing Services for Cars and Pick-up Trucks to Steve Barnett, Inc. for Car Washing Items #1 through 12. The initial contract term was through and including September 20, 2005 with two one-year renewal options. '-' '-' C04-09-495 FIRST EXTENSION OF CONTRACT BETWEEN ST LUCIE COUNTY AND STEVE BARNETT, INC. THIS FIRST EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and STEVE BARNETT, INC.¡ or its successors¡ executors, administrators, and assigns ['Contractor"). WHEREAS, on September 21, 2004, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide car washing services for cars and pick-up trucks for St. Lucie County fleet vehicles for an initial term until September 20, 2005, with the option to extend the term of the Contract for tvvo additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Contract through and including September 20¡ 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including September 20, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 WITNESSES: '-' STEVE BARNETT, INC. ""'" C04-09-495 Print Name: Title: 2 \.. .,.. ITEM NO.'1'B DATE: 10/18/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X} TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award Bid #05-111 - Street Resurfacing BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account #101002-41122-546200-42003 - Resurfacing Account Account#316001-41123-546200-42003Resurfacing Acct. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board award Bid #05-111 - Street Resurfacing, including Indian River Drive, to low bidder Dickerson Florida Inc., for an amount not to exceed $1,184,930.46, and grant permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED () DENIED ( ) OTHER Approved 4-0 ~ ON ISTRATOR County Attorney (X) c1/? l/4:( ì Coord inatio n/S iqnatures ¡\ ~¡1 '"iI ·(/1/ Mgt. & Budget (X) JUll ! I] , /i GLiP Purchasing (Xv6 ',;1 Originating Dept. ( ) Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF '-' COUNTY COMMISSIONERS '1fURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director q P Date: October 12, 2005 Re: Award Bid #05-111- Street Resurfacing ******************************************************************************************************************* BACKGROUND: On October 7, 2005 bids were opened for Bid #05-111 - Street Resurfacing for the Public Works Department, Road and Bridge Division. Five hundred ninety-three (593) vendors were notified, fifteen (15) documents were distributed, and four (4) responses were received. The Road and Bridge Division has reviewed the bids received and recommends award of Bid #05-111 - Street Resurfacing to Dickerson Florida Inc., for an amount not to exceed $1,184,930.46, and recommends that the Board grant permission for the Chairman to sign the contract as prepared by the County Attorney. EP/jc '- ...,J Page 1 of 1 Edward Parker - Resurfacing bids for the three bids on Indian River Dr From: To: Date: Subject: CC: Dewey Hudman Edward Parker 10/12/2005 11:02 AM Resurfacing bids for the three bids on Indian River Dr Barbara Miller; Craig Hauschild; Don West; Donald Pauley; Jody Gudger; Michael Powley; Raymond Wazny; Scott Herring -------,~.._...'" Hi Ed, I have reviewed all of the bids for the three sections of Indian River Dr. After reviewing the bids submitted, we recommend going with the lowest responsive bidder, Dickerson Florida, Inc., for each bid. Funds are available for all three bids (approx. $1.2 million) in our annual resurfacing budget. I will send the new numbers over shortly. Can you get this on next week's agenda? Larry Dale, Dickerson Florida, contacted me today and said they want to start as quick as possible. As you know, we want to complete this work so that we can open up the Drive. Thanks Dewey Hudman Asst. Road & Bridge Mgr. 772-462-2802 file:! IC :\Documents%20and%20Settings\Administrator\Local %20Settings\Temp\GW} 00... 10/12/2005 v " -: -,-- r c \ \,,~ C) Z U :2: « D.. 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N ¡.':: ¡.:: ro ro ro ro ro ro ,<: ro E:g :g 'g -g '~ 'g 'g 'g Ê '~ wooaaa.aac.o I-(/)(/)(/)(/)(/)(/)(/)(/)ü(/) 000 qq~ m('j('j o ~ ~ ~wm W W ~ 00 00 ~('j o ~ ~~ W .c 10 ~ oo~ ~qr--....8 o~~c ~~~ Q w Y7ê3 w '- '- o Ü . o O¡~¡?I 00 ~~l ~w W oo~ qqŒ ~roC'J o~~ ~wm W w 00 00 ~ro o ~ ~w W 000 qoo o~o ~ ~o ~WC'J W ~ if> 00'" 00' , o~ ~~ ~w w ~ ~ OJ cci ww '-" "" TO: AGENDA REQUEST ITEM NO. C-6 DATE: Oct. 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XXX] BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: HUMAN RESOURCES DEPARTMENT Carl Holeva Human Resources Director SUBJECT: Compensation for staff called up for active military duty. BACKGROUND: On Oct. 23, 2001, the Board of County Commissioners passed item C-7 (see attached) to be reviewed annually. On Oct. 8, 2002, the Board renewed item C-7 to run through Sept. 30, 2003. On Sept. 9, 2003, the Board renewed Item C-7 to run through Sept. 30, 2004. On Aug. 24, 2004, the Board approved item C-7 to run through Sept. 30, 2005. FUNDS AVAIL.: 102-1520-512000-100 505-1331-512000-100 001-5310-512000-500 140-4210-512000-400 001-1930-512000-100 001-1301-512000-100 001-1955-512000-100 Funds available are for personnel who are eligible for call up. In the event a new employee is called up, funds will be used from the department account. PREVIOUS ACTION: Oct. 23, 2001, The Board of County Commissioners approved compensation for staff called up for active military duty. On Oct. 8,2002, the Board renewed item C-7 to run through Sept. 30, 2003. On Sept. 9, 2003, the Board renewed Item C-7 to run through Sept. 30, 2004. On Aug. 24, 2004, the Board approved item C-7 to run through Sept. 30, 2005. (Page 1 of 2) ~ ...; RECOMMENDATION: Staff recommends the Board approve the attached request and authorize approval by the Chairman effective Oct. 1 2005 to Sept. 30, 2006. COMMISSION ACTION: fXf APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Review and Approvals Management & Budget Other: if applicable)___ Approved 4-0 County Attorney: Originating Dept. Finance: (Check for Copy only, Purchasing : Other: Eff. 5/96 CHimp Attachments (Page 2 of 2) "'" ...., AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva Human Resources Director DATE: October 18, 2005 SUBJECT: Compensation for staff called to active military duty BACKGROUND: On Oct. 23, 2001, the Board of County Commissioners approved compensation for staff called up for active military duty based on The Governor Jeb Bush and the Florida Cabinet resolution. On Oct. 8,2002, the Board renewed item C-7 to run through Sept. 30, 2003. On Sept. 9, 2003, to renew Item C7 to run through Sept. 30, 2004. On Aug. 24, 2004, the board approved item C-7 to run through Sept. 30,2005. At that time, the agenda item stated (due to the uncertainty of the conflict, this policy will be reviewed on an annual basis). The main concern of employees who are called up was their County positions which was addressed in the Oct. 23, 2001 agenda item reading "upon termination of service, or upon their honorable discharge, they shall have the right to return to their positions or a comparable position in the County service without suffering any loss of standing or seniority," RECOMMENDATION: Staff recommends the Board approve an extension to its compensation for staff called up for active military duty until Sept. 30, 2006. RespeCtfUII/~itted, ~~ Carl Holeva Human Resources Director CHImp Attached: Governor Bush's Resolution of Sept. 25, 2001 AGENDA """" TO: BO~ OF COUNTï COMMISSIONERS FROM: D~vid Rodriquez Human Resources Director DATE: Oct. 16, 2001 SUBJECT: Compensation for staff called to active military duty BACKGROUND: On Se~t. 25, 2001, Governor: Jeb Bush arLd the Florida Cabir\et passed the attached resolution suqqesti~g that: employees of all political subdivisions of the state, ·....ill receive full civiliail pay i~ addition. to their military pay fer the Hrst: 30 days' of their a.=:~·"e ~u~:t·, and ·...ill the=-:af:e: r:·:~i·~e :h.= P.:.'! !"'.ecessa=~· to r~ise -"........ m· ;, ~apv ...ay ..0 ..h'" .1.0.""'" O· -"''''.... c·..· .. a'" oa" a"'c CO"-lC1.Ue ......-...- ...-'- -.. E:'" ... '- - .... -- .;.. .......'Iiiiiõ__ _'J__.... _ 1.. I... t~eir existi~g be~efits. RECOMMENDATION: S:a:: =::~~~e~cs ~~=: ch; e~~:oye;s :=__:~ := ~~~:ïe C~:! re:e:~e ~.;:: =i7~:~!~ =a'¡ i~ ad¿i~i=~ :~ th~~= ~~li:a:~1 oa~¡ £0= :he first -:- "'.:aoa... _: -.......~..- -_.: ,-,a ".._,. --....: ...;: ~ ~ -...,.=....:.~~:.:.:. :... ~~...:. -;"'A ...- .....-.!~ 'WfI_ _.._.;.. a___I_ C__,!I è.._ "'___ _..________ __C_.I_ '-.11._ pay ....~----..- ~--- ~'S- -~e~p m·'·~.....·.. -..... ·0 -~- '...,,,', 0= t"'e;" ··__:=:.:.c:.··l ,- :,,:.:. -= 1",.. -- .. --~"-=--.: ~=:J .. \....':' .:.. _. ;. i.1I._. c~vilia~ cav a~d co~t~rLU~ their ex~s~i~c ce~efits for a oeriod of -- . ... ''::::: .....:a·/S "'c- ·0 CI""'!""'If";""t·c ~:"'e:" ~.:t.a'-~ ;J"'I'S··...;II""\C"'· "'0'" ·~a e"'01o,/eA - -. --. . ·-'':'.>JI '- ...,II.~ .._10._- _\. __ 11.._ _'-~. _.. __ _.. _ .L. _ .....,._ .\\. _ _ =~= t~::= :a~:ly, t~; e~91oye~ po=::c~ c: ~he i~su=a~ce ccs: will ~~ d~j~=~e~ f=cc th~ s~~~le~e~ca: pay. T~~ S~?:=y~~ ca:lsd to duty fl'i~ .. 1 ^,Q, -.....·r- ...~.... ;.-,. t~~ ...,: 1 : -.: ....'1 .::......... .....=:..: '! ~'""" c:.- --...; _: _~ -.- -_- _~ .,...::..'.....~-..'-".. OU." --- -- '_..J -=___ toooIl .~_. .\~__._._-::. .__ ..___..... ..'_ _ _... --·ï~....~.....: ...,'! ..=..'.:....w·.. ~:'.~ :a..:n.:..!..!.e3 :0 =~:-.::':1'';~ ·N·:"~:-. ::r.e:": ..........:-es:!'\t: ....":" -__"':_ 4'W;......;. _ . .. ... . . , ~;a~:~ =a=e ~=ov~=~=s. Upc~ che te:mina:ion of service, or upon cheir honorabl~ discharge, they shall· ha1re the righ~ to re':'.lrn to their position.s 0: a Com~a"'a~;- ~OSl'-iO~ ~" "'~a C-U'"~·I s"'_=vice withcu: sufferirLg a~y ":-' - --- t'" ......- ~1 eo. _.._ .... .~"-.. less c~ s~a~di~= 0= se~i~ri:v. . . Due t~ c~e u~ce:tai~~y cf tta dec:arei ~a=, this po~icy will be re~ie~ed o~ an annual basis. R.:~~tted. ~ ROdrigUeZ~ Human Resources Director DR/mp Attached: Governor Bush's Resolution of Sept. 25, 2001 Em9loyèe.handbcok page 12 & 13 Military Duty I r ..... ...,¡I R¡;:.C¡j)T,HTtO~ WRinXA5, rhe Uu.iced SC~les or A:lc::'ia w:.~ (nund:d ou the pr.l1ciplc:s or libc:.",:,/, frurlom, i1ltd juslice ror ~l: Uld . WUK!U:A5. ch:ou:houc lIislI.1!7, Alœ.-ic:\A Ju[we::s h~vQ been c::¡1J-=d 1lp04 CIJ dI:11.":1c1 these prineil'lu botb. ar home Uld Wou¡houc che world; all.) WRiRX"S, 011 Sqac:z:bc: Lt, 2001 tho: U'út:1J St~res W~J JUDice:: to 1Ct'! oCW3r "e::¡:...~te:d. :i;:lÌlUC c:ivili:u.\S by lc:::uriSls: and WI1IREAS, j.:¡ response Co th-=se ac:s or ce:ror. the: President or che Ua.i= StL:a h:I.' c~l1ed UCOI1 re.c:va or !he ....rmcd Foce:s of me WWle:! 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T:.:·Co:Iyc."'=.CJr u:d Csbu:c:: oCt.'!: s::.:c oC :1e:~~ ell':oc.:~;: ;¡¿YlIC :=pLuyc::s, co r:.e 1.-::&:11 :11017 .re lble.o to \.å: S¡I~1i!¡: :c:ioc.s \0 -....; '..,haic t.ic~e ~'e:J )lc c.ned :0.1::':',: i.lul)' :J.S :i r:sclt of this 1C:::-~::J: .=c:;c. ,,¿¿i:ion:i!y. aU ~¡~::1I:ic$ ~t!e:: ~c: C:avrnlor snd :f1~ C:.1bi..ac: o{ ~e: 5:.::.:: of' F!or:d.1·s jur'..:ic!it::1,:c, 1.'"C ciir:::::i :'1 con5¡d~~ .dditioa.1! 1C:~~c.:s \h.u C'"~:' ac ~:r:"~nr:¿" 1:'1 T1~~Tr."¡ü¡'(''f WHZREOF. dlc C-ov,::nor .1l1d C.1c.iu-=: OL'~: 51:11: or Fioric!:l. h.1'I: b.:~=Wl.tO subsc:::åd their n~I1\-=.s .1c.d ~vc; c~l.I:Id chc af:¡e::~I ~Q/ of' l.!:e: SIJlC or FtaridJ. ~o be h:(:uuco lŒxd ù: l.I:.e Cit'! aiT.1i1.1h:use: chis 2;-.0 day or S-=?tC:11h:r ZOO I. I ì , ,. ¡' \ .. , f I ~ r i I I :' i I \ 0, I r I I ! I ~ -3.16 MILlTAP'" L.EAVE '-" ..., Employees who are members of the Flo.rida National Guard ?rott'~er milita¡y reserve ~nits who are duly ordered by their commandIng officer to engage In a~ve duty: field e.xerClses, or other training shall be entitled to a leav.e of absence frem their r~spectlve duties forup to a ma;<imum of seventeen (17) days. Said em~loyees shall be entitled to the full pay and benefits they would have otherwise earned during said leaves of absence. If the leave exceeds seventeen (17) days, it will be witnout pay. Upon the termination of such service, or upon their honorable discharge, th~y shall ~ave the right to return to their position or a comparable position in the County.se.Nlce, provl~ such position still exists and they are otherwise qualified, without suffering any (oss or standing or seniority of any kind whatsoever. Federal and State regulations may supersede the above. Employees are advised to consult the Personnel/Risk Management Department for information concerning health and life insurance continuance while on mifitary leave. . The County will comply with the Uniformed Services Employment and Re~r.'Iployme!it Rights Act of 1594 (USERRA). A copy is on file in the Personnel Department .t..n employee drafted or ordered to active dut\/ in cOlineç~icn with reserve ac~ivities ether than short·term training. as outlined in the firs: paragraph acove shall. UpOIi pr~sencadcn of a copy of his/her official orders. be granted to a reave without pay extelicir.g nir.et-f(SO) ca!e~dar daïs beyond the cate of separation frOIil the miiitar'j saC"/icss. ."-11 unl.:sed leave benefits shall be re~ained by the employee who shail hê'/~ the sarra: crecitec to his/her recorcs if applying fcr reinsta,err.em. During s~ch lea'lss of acsar.ce tr.e er:1~lcye~ shall be entitled to preserve all riçhts es~ablished by the Ccur.c,! E:i1~icye; Har.c:::cok. U;:cr. sé;ara~¡cn frOIil r;-;ilitar"l ser·/ice. the sm¡:lcye; rï:~S~ rec;~es: re¡r:s~a:é!7:er.twit::ir. the ï:ir:e~:/.(SG.J caier.darcay pericd ili1r.:ediate¡y fcllcwir.g se;:ara:icn. ihe CCL:Iit'j r::ay rec\.:ire :r.e e!"i':r"lclJ~e to :..:r.cercc a rr.ecical examinaticr. ar.c c:~c tes~:o ceter~¡r.e ~tr:ass ¡... .. - - ~/'"I -e~Gr"'" .....- c', '··Ies C: ·¡"e "'c<::·;c" ·c 'Nhl'C'" ...e's"'e --'I ...s ~-'ur-,·-c 'r· ...- -""clc'/cc ....fW" .11.11::: "-"I. Ir"..¡ "'" _I". III. tlli. II 111e::. \oil .=.. ¡'II_" 1.:1;;.;" '.._'" '/Ch.;r:teers fer ar. accit:cr.al ,cur of liIiiitarl cut'l. heishe Fcrfe:ts reir.s,ater::er.¡ ,-:cr,cs. . - . ;-- \ t ~ ,..", ITEM NO. C-7 DATE: October 18, 2005 AGENDA REQUEST REGULAR [ ] "INVESTMENT FOR THE FUTURE" PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115\ SUBJECT: Approve Change Order NO.1 in the amount of $26,340.75 for modification to the Platt's Creek Stormwater Management Facilities project. Construction of the project is nearly complete. The proposed modifications will improve the connection between the existing drainage facilities constructed in 2000 with the newly constructed stormwater management facilities. See attached Memorandum 05-250. BACKGROUND: The "Notice-to-Proceed" for the construction of the Platt's Creek Stormwater Management Facilities project was issued on May 10, 2004. According to the provisions of the contract, the project was to be completed within 365 calendar days (on or before May 10, 2005). As a result of Hurricane Frances and Hurricane Jeanne, work on this project was suspended for several months. FUNDS AVAILABLE: Funds are available in Account Number 316001-41134-563000-3112 Transportation Capital- Local Option Drainage Improvements. PREVIOUS ACTION: On April 13, 2004, the BOCC awarded the construction of the Platt's Creek Stormwater Project to WPC Industrial Contractors, Inc. in the amount of $2,745,740. On May 25,2004, the Board approved Platt's Creek Stormwater Project - Work Authorization NO.5 (C03-1 0-686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. On October 11, 2005, staff recommended the Board approve Platt's Creek Stormwater Project - First Amendment to Work Authorization No. 5 for Soil Testing with Dunkelberger Engineering & Testing Inc. for the Platt's Creek Storm water Project in the amount of $25,000 and extending the contract to January 31,2006. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign Change Order NO.1 in the amount of $26,340.75 for a total contract price of $2.772,080.75 to WPC Industrial Contractors, Inc. for the construction of modifications to the Platt's Creek Stormwater Management Facilities project. COMMISSION ACTION: CONCURRENCE: X APPROVED [ ] OTHER [ ] DENIED Approved 4-0 [x] County Attorney [x] Project. Manager [] Road & Bridge }/ [xl Mgt. & Budget [xl Exec. Assistant ~.'^\1 ~ l/ì ~ ,Y2 [x] Originating Dept. Public WOrXs ~ . [I Purchasing Dept [x] (Check for copy only. if applicabl ) /-:Û/I . \.f ...., DIVISION OF ENGINEERING MEMORANDUM 05-250 TO: Michael Powley, P.E. - County Engineer FROM: I'~\~ Craig Hauschild, P.E. - Assistant County Engineer 1.1 Date: October 11, 2005 Subject: Platt's Creek Stormwater Management Facilities Project Change Order No.1 <.K;_ .._ -- .,..,.,,~~;~~-:~~~:¿:-:. :-""-- . ..;;2> Attached please find a copy of Change Order. No.1 in the amount of $26,340.75 for modification to the Platt's Creek Stormwater Management Facilities project. Change Order No. 1 is for the construction of a Rip-Rap Bag Headwall to tie in the culvert and headwall constructed adjacent to Platt's Creek in 2000 with the newly constructed stormwater facilities. cc: Don West, P.E. - Public Works Director Michael J. Wrock, P.E. - Civil Engineer Barbara Meinhardt - Executive Assistant '-' ...,J CHANGE ORDER ST. LUCIE COUNTY PROJECT: Platt's Creek Storm water Mgmt. Facilities (name, address) CHANGE ORDER NUMBER: 1 INITIATION DATE: 10/11/05 TO (Contractor): CONSULTANT'S PROJECT NO.: nla WPC Industrial Contractors, Inc. 11651 Phillips Hwy. Jacksonville, FL 32256 ST. LUCIE COUNTY CONTRACT NO: C04-04-178 CONTRACT DATE: 4/13/04 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) The original (Contract Sum) was.........................................................................................................,..,.............. $2,745,740.00 Net change by previous authorized Change orders.............................................................................................................. $ -0- The (Contract Sum) prior to this Change Order was............................................................................................. $2,745,740.00 The (Contract Sum) will be increased by this Change Order ........... .... ........ ............ ...... ......... ................. ... ........................................................... .......... ...... $26,340.75 The new (Contract Sum) including this Change Order will be.............................................................................. $2,772,080.75 The Contract Time will be changed or unchanged by .................................................................................................( 21 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 11/7/05 Funds Available: Account Number 102001-3725-563000-3112 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, ex1ended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie County, Enaineerina Division Architect/Engineer 2300 V~ Ave.. Ft. Pierce. FL 34982 Address / ~ //d >-; A ~ 10/11/05 By: Craig Hauschild, P.E., Ass't Cty. Engr. Date Approved: Public Works DeDartment St. Lucie County Department 2300 Virainia Ave.. Ft. Pierce. FL 34982 Address 10/11/05 By: Donald B. West, PNV Dir. Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 WPC Industrial Contractors. Inc. Contractor By: Date 11651 PhilliDS Hwv. Address Approved as to Form and Correctness Jacksonville. FL 32256 By: Date County Attorney UJ W ¡:: ::::¡ õ ~ « ¡... u. ;; ~ == Z ><: W ¡.¡ :::E w C> « z « :::E c::: w ~ ::::E c::: o ~ UJ :::.::: w w D:: u en ~ - tí ~ ... '" ....-u:E ~ II:: 0 ...JWU o..~~ o ~ "0 W .£ C> U Z a. :2 ~ ¡,; N o ñí CI "0 cu êû :!j E ¡,; £. ~ -§.s~ g .~ ~ c: Õ :e¡ <3 z ~ !e. .... '" gCl N :0 ~~ ~ >.!!1 '" '" ::;; U .t 2 c.. ~ LO o o N ,..: ~ Q) .c E Q) > o Z ¡,; ñí CI " .2 Qí a. E o U iii > e 0. 0. 0« 'E '" o CD E .g ~ Q) " .¡: CL ¡¡¡ Õ I- aOll)oooo ("") c.c ~ 0 0 lot) 0 ,...: M N t.C c::i 0 <!g¡~~~~~ C'...r M N- O)~ c,f .~¡ LO ..... o ~ iii N IA- I;A- ~ tit t.9-.,. tit ... .. .!:! èi. - ë :J ~ fð ~ r--.: M ~ ~ ~ ÑC1'iÑ gg¡gg Nf.Ócici NM'lltM It) ,.... co co a) Ñ~ th""'ERERERJ¡09ER iii Õ I- 1:' ~ .. ::I a ..., en w ...... ...... ...... ..... ...... ...... ...... J!I ï: :J (/)(/)(/)(/)(/)(/)(/) ...J ..J ...J ...J ...J ...J ..J " .9 ~ " en .. C :2 Õ ëJ :J ü: ~- '" ~~ '" ¡¡;;.; c_ TIC> 'a.~ '" ~ ~ 0 ~::::--!!:~~ c: OJ t: "iii 0 ~ c::: .2 " .2 ~ ~ -' .!!1 ñiS~~g'g.ë: > cu c.. Q,) .- c::: - ~~E~~o.:¡¡ ~~8~ðæ6j E !! "D ¡¡:¡ ~~~,ffi~~ ~oogóJ;~ ~~Il')~rn~ '" \ \.f "WI ITEM NO. C-8 DATE: October 18, 2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ~~ Michael V. POWI~ County Engineer SUBJECT: Approve Change Order No.3 and Final in the amount of($320,737.35); accept the project; release retainage in the amount of$195,559.76 and make Final Payment in the amount $271,566.06 to Dickerson Florida, Inc. for the Construction of the Indian River Drive - North Project. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funds will be made available in 101003-4113-546300-1902, Transportation Trust/Local Option Gas Tax. PREVIOUS ACTION: October 19,2004 - Award ofIndian River Drive-North Project to Dickerson Florida, Inc. in the amount of $9,134,025.89. February 1,2005 - Change Order No.1 was approved in the amount of$429,894.03. March 22, 2005 - Change Order No.2 was approved in the amount of$610,81 1.55. August 9, 2005 - Board approved a reduction in retainage ITom ten percent ($977,798.78) to two percent ($195,559.76). RECOMMENDATION: Staff recommends the Board approve Change order No.3 and Final; accept the project; release retainage and make Final Payment in the amount of$271,566.06. COMMISSION ACTION: IX APPROVED [] DENIED [] OTHER Approved 4-0 íK it [x] County Attorney /Ï.- [x] Mgt & Budget [x] Originating Dept. ~. rkS~ [x] Project Man. Ì'\ [x] Finance . (Check for copy only, if applicable) [x] Purchasing J-J y:J [x] Fiscal Coor. t-i' e.~~ ,. '-" ~ DIVISION OF ENGINEERING MEMORANDUM 05-238 FROM: Michael Powley, County Engineer Michael Harvey, Engineer Intern 0ì l+ TO: DATE: October 10, 2005 SUBJECT: Indian River Drive - North Project ---------------------------------------------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- On October 15, 2004, bids were opened for Indian River Drive-North Project. The low bidder was Dickerson Florida, Inc. in the amount of $9,134,025.89. This project is a result of hurricane damage. Dickerson Florida, Inc. has successfully completed the project in general accordance to the plans and specifications. They have satisfactorily addressed all the items on their punch list we provided. Consequently, they are requesting to close out the project. This project has been successfully completed and after totaling all three change orders the final cost of the project has come in within its ten percent contingency. \wt ..., Page 1 of 1 Michael Harvey - Re: Release of Liens ~1~~A~~'Œ~~~:~~~':~~¡;:~~~'~ï,jj.ò~it~¡~;i!J::r;,ti$'\-"!i*J';''H¡':tt'",,\14~~Ji;¥f¿of!rJ.¡1~~".,t:t,::~,' From: To: Date: Subject: cc: Daniel McIntyre Powley, Michael 10/11/2005 11:36 AM Re: Release of Liens Harvey, Michael .--- "_~_'__"__''''''____'_''__"'_"_''_''__'''''__M'__,______..-....._.......__. ~.__+.__._._,__.__,._.___...__n_. I believe I signed off on this »> Michael Powley 10/11/05 10:29 AM »> Dan, We are preparing to close out Dickerson's Indian River Drive project (North project). We forwarded our Notice- to-Owners to your office last week or so. We would like to keep our agenda on track for the October 18th meeting. If you are comfortable with them, we would appreciate your help in signing off on our Release-of- Liens. Otherwise, if you could advise us of your concerns and we will promptly address them. Thank you in advance. file ://C :\Documents%20and%20Settings\administrator\Local%20Settings\ T emp\G W} 000... 10/12/2005 i '-" ...., HANGE ORDER T. LUCIE COUNTY ROJECT: Indian River Drive - North Project lame, address) CHANGEORDERNUMBE~ 3 INITIATION DATE: 10/10/05 ::> (Contractor): CONSULTANT'S PROJECT NO.: N/A ickerson Florida, Inc. o Drawer 719 tuart, FL 34995 ST. LUCIE COUNTY CONTRACT NO: C04-10-464 CONTRACT DATE: 10/19/04 JU are directed to make the following changes in this Contract: ~dditional sheet attached as Exhibit A - Yes) Ie original (Contract Sum) was............... ............................... ... ..........................................,....... ..... .......... ......... $9,134,025.89 ~t change by previous authorized Change orders.............................................................................................. $1.040,705.58 Ie (Contract Sum) prior to this Change Order .was.......................................................................................... $10,174,731.47 Ie (Contract Sum) will be increased . this Change Order ............................. ............ ............................ ................ ................................ ............... ......... ($320,737,35) Ie new (Contract Sum) including this Change Order will be.............................................................................. $9.853,994.12 Ie Contract Time will be changed or unchanged by................................................................................................. ( 0 ) Days Ie Date of Substantial Completion as of the date of this Change Order therefore is: 3124/05 Inds Available: Account Number 101105-4115-546300·1902 Ie adjustment in Contract Price andlor Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed ~ Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that ! stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays sociated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work der this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or lime as a ¡ult of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor It the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change der after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. 10/10105 r. Date 1 0/1 0/05 Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Dickerson Florida. Inc. Contractor By: Date PO Drawer 719. Stuart. FL 34995 Address Approved as to Form and Correctness By: Date County Attorney .! / '-' .." I Project Indian River Drive - North Project CHANGE ORDER #3 Contractor Dickerson Notice to Proceed Date: 10-26-04 Additional Time: 0 (:.i)~:;¿}I~ .' .'\,.~:.,?_:.:,~ .~,I:';;1:·;;·~"~-~~;~:·~·l;:~~;;{ Unit Total Units·,;: Price Price 104-10-1 Baled Hay or Straw EA -44.00 $12.00 ($528.00) 104-11 Floating Turbidity Barrier LF -730.00 $11.25 ($8,212.50) 530-80-1 RipRap Optional Materials SY -5,922.27 $61.02 ($361,376.92) 570-5 Fertilizer TN -1.40 $500.00 ($700.00) 999A Irrigation Allowance HR -69.46 $80.50 ($5,591.81 ) 999B Electrical Allowance HR -72.46 $172.50 ($12,499.86) 425-1-561 Inlet (Dt Bottom, Type F)«1 0') EA 1.00 $4,985.00 $4,985.00 430-174-125 Pipe Culvert Opt Mati. (Storm Drain)(18") LF 274.00 $90.00 $24,660.00 570-9 Water for Grassing MG 30.00 $24.00 $720.00 999Q Outfall Repairs EA 800 $907.25 $7,258.00 999R Repair Under Stairs LS 1.00 $15,525.00 $15,525.00 999S Repair at 3705 LS 1.00 $5,233.43 $5,233.43 999T Dressing and Sodding at 1508 LS 1.00 $5,233.43 $5,233.43 999V Concrete Apron at New Structures EA 8.00 $368.36 $2,946.88 999W Reset Property Corners LS 1.00 $1,610.00 $1,610.00 Total $320,737.35 Com lete Date: 3-24-04 " I APPLICATION F~8_AND FINAL PAYMENT PROJECT NAME INDIAN RIVER DRIVE - NORTH PROJECT ENG!r!HP'!:l.JG BOARD OF COUNTY COMMISSIONERS ENGINEER'S PROJECT NO. 04-034 OWNER: ST. LUCIE COUNTY. FLORIDA CONTRACTOR: DICKERSON FLORIDA INC APPLICATION AMOUNT:_$271,566.07 FOR PERIOD ENDING:_9/30/05 CONTRACT DATE: APPLICATION DATE: INITIAL CONTRACT AMT BASED ON EST. QUANTITIES October 26. 2004 TABULATION OF AMOUNT DUE THIS APPLICATION BY CONTRACTOR TOTAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") $ AS APP. BY ENG. $ <1, I~L (c'h. 'Sc¡ iI .. $ '·j.GlQI z,"¡'1.,.,-!, $ ('/0' -51\,,'~ ~. $ . .r - 3:J.Co }:n ~,,. $ 9,134,02589 CHANGE ORDER NO._1_@$429,894.D3_@100_%COMPLETED(+) $ CHANGE ORDER NO._2_CII$810,811.55_@100_%COMPLETED(+) $ CHANGE ORDER NO._J_@$-320,737.34_@100_%COMPLETED(+) $ CHANGEORDERNO_@$ @_%COMPlETED(+) $ 429,894.03 610,811,55 -320,737.34 Previous Payments: #1$3,206,193.41 #2$ 902,128.16 #3$2,053,489.56 #4$1,178,428.70 #5$ 786,610.45 #6$ 673,338.76 #7 $ 782,239.02 ToIal$9,582,428.06 GROSS AMOUNT DUE $ lESS PREVo PAY. (-) $ SUB-TOTAL $ lESS FAilED LAB. TESTS 9,853,994.13 9,582,428.06 271,566.07 $~ '05::0":. (iC; '; $ 5~Q>,; :~"' $ ;>.,,:.:. "<" {II (-) $ AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ ;111 ":'1,,+. .,1, CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the final price of $_9,853.99.4.13_and final payment of $_271,566.07 as full settlement of his account under the Contract and of all claims in connection therewith. ::T"7~KE~ "'0"'"' 'Ne COUNTY OF ST lUCIE STATE OF FLORIDA Before me this 5th day of October, 2005, personally appeared Bemie Barrile, known to me, who being duly sworn, did depose and say that he is the Vice President (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. r---u··..---..·..·..·.. I -' , / . M "" . I LENAC.OEWEY . fi ! Y commiSSion expires: . ~...,~ -_-_ I· ;,c.,. " , _,( ",'". / "" . ~ÞubliC 11~ _...¡rq-..., TO: BOARD OF COUNTY c""""iišI014..~.i:OUNTY, FLORIDA TITLE: VICE PRESIDENT The above application for payment by the Contractor has been reviewed by the Engineer. The engineer hereby approves final payment under this application in the amount of $ all. S 1"(,, ,;). less liquidated damages assessed by Board, WITH ACTUAL PAYMENT SUBJECT TÓ CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. ST.lUCIE COUNTY ENGINEERING DEPT. DATE: APPROVED BY: Michael V. Powtey, P.E CQunty Engineer Donald B. West, P.E. Public Wor1<s Director Contract Time Began: Substantial Completion on: Actual Construction Time: Contract Construction Time: Rainy Days Allowance: Other Overrun Allowances: Net Overrun: Gal. Days Cal. Days Cal. Days Cal. Days Cal. Days CHECKED BY: PREPARED BY: 7¿;JJ4t~ SI. Lucie County Eng. Depart. 7 cc: t-,"ance uttlcer m .", ... \.' '-' ...",,¡ AGENDA REQUEST ITEM NO. c-f:l.k DATE: October 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE AMENDING THE CONTRACT AWARD AMOUNT OF $149,000.00 TO HENNIS CONSTRUCTION COMPANY TO INCLUDE THE PUBLIC CONSTRUCTION BOND AMOUNT OF $3,500.00 FOR A TOTAL CONTRACT AMOUNT OF $152,500.00 FOR THE SAVANNAS MAINTENANCE BUILDING. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-7220-562000-7650 (Building-Savannas) 310002-7240-562000-7650 (Building-Savannas) PREVIOUS ACTION: On September 27, 2005, Item No.8-A, the Board approved Hennis Construction Company (low bidder/Bid # 088-0-2005) for the construction of the Savannas Maintenance Building. RECOMMENDATION: Staff recommends the Board of County Commissioners approve amending the contract award amount of $149,000.00 (to include the public construction bond amount of $3,500.00) to $152,500.00 for Hennis Construction Company for the Savannas Maintenance Building. County Attorney: Originating ~\~ Mgt. & Budget: ["d APPROVED [] DENIED CI OTHER: Approved 4-0 Coordination/Signatures ---- Other: Other: Finance: (Check for Copy only, if Applicable) Elf. 1/97 R:\AGENDA\AGENDA-88 HENNIS SAVANNA BID BOND.DOC ~ "'wIÌ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Directo'£3)~ DATE: October 18, 2005 SUBJECT: APPROVE AMENDlli'"G THE CONTRACT A WARD AMOUNT OF $149,000.00 TO HENNIS CONSTRUCTION COMPANY TO INCLUDE THE PUBLIC CONSTRUCTION BOND AMOUNT OF $3,500.00 FOR A TOTAL CONTRACT AMOUNT OF $152,500.00 FOR THE SA V ANNAS MAINTENANCE BUILDING. ****************************************************************************** BACKGROUND: On September 27,2005, Item No. c-8A, the Board approved the low bidder, Bid No. #088-0-2005, Hennis Construction Company for the Savanna Maintenance Building. The public construction bond was not included in the bid documents and therefore staff is requesting the contract award amount be amended to reflect that sum of$3,500.00 for a total contract amount of$152,500.00. RECOMMENDA TJON: Staff recommends the Board of County Commissioners approve amending the contract award amount of $149,000.00 (to include the public construction bond amount of $3,500.00) to $152,500,00 for Hennis Construction Company for the Savannas Maintenance Building. '-" BOARD OF COUNTY COMMISSIONERS Tabulation Sheet - Bid # 05-088 Savannas Maintenance Building Opened: August 10, 2005 at 3:00 p.m. One Vendor responded to Bid # 05-088: Hennis Construction Company, Inc. Fort Pierce, Florida Fax: 772-464-4114 Bid Price (slab and building with stub out for utilities): Total Bid Price (per complete plans/specs): Number of Companies Notified*: 731 Number of Bid Documents Distributed*: Number of Bids Received: *per demandstar.com 'WI PURCHASING DEPARTMENT ED PARKER, DIRECTOR $90,000.00 $149,000.00 23 1 JOSEPH E. SMITH, District No.1. DOUG COWARD, District NO.2' PAULA A LEWIS, District No, 3 . FRANNIE HUTHINSON, District NO.4' CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462.1428 website: WNW.co.st-lucie.fI.us v '-' ...".¡ AGENDA REQUEST ITEM NO. c-9 B DATE: October 18,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE BUDGET RESOLUTION NO. 05-400 FOR THE IMPLEMENTATION OF IMPROVEMENTS AND ADJUSTMENTS TO THE AlC SYSTEM AT THE ROCK ROAD JAIL FACILITY. BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 315-1930-534000-15012 (Energy Efficiency Projects/Other Contractual Services) 315-1930-546200-15012 (Maintenance Imp. Projects) PREVIOUS ACTION: On July 26,2005, Item No. c-10B, the Board of County Commissioners gave approval to discontinue Contract #C01-09-590 with TECO/BGA. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution No. 05-400 in the amount of $25,000.00 and funding in the amount of $16,000.00 in Energy Efficiency Projects for a total project amount of $41,000.00 to make improvements and adjustments to the a/c system at the Rock Road Jail Facility. MISSION ACTION: rj APPROVED [] DENIED [ ] OTHER: Approved 4-0 CONCURRENCE: Coordination/Signatures Mgt. & BUdget:~ (~ Other: ~ County Attorney: ~ ----....... . \ 10 Originating Dept:~\"\.- '.,). Finance: (Check for Copy only, if Applicable) Purchasing Mgr.: Other: Eff.1/97 H;\AGENDA\AGENDA-86 ROCK ROAD AC EFFICIENCY.DOC '-'" ...,¡ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF C01JJ'.<lY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: October 18, 2005 SUBJECT: APPROVE BUDGET RESOLUTION NO. 05-400 FOR THE IMPLEMENT ATION OF IMPROVEMENTS AND ADJUSTMENTS TO THE AlC SYSTEM AT THE ROCK ROAD JAIL FACILITY. ****************************************************************************** BACKGROUND: Through Board approval, on September 25,2001, St. Lucie County entered into contract with TECO/BGA. The purpose of this Energy Performance Contracting Project included monitoring the energy savings for specific County buildings for a ten (10) year period. On July 26, 2005, the Board gave approval to discontinue these monitoring services, saving the County $120,000.00 (cost to continue monitoring services over the remaining eight years) and receiving a refund of $25,000,00 from TECO/BGA. The ale system at the Rock Road Jail Facility was included in the contract with TECO/BGA; however, they did not complete improvements and adjustments needed with this system and the existing chiller plant is experiencing operational issues and compromising the ability to control humidity levels in the jail. Some of the computer improvements would include, programming rewrites to the control system at the chiller plant and the buildings air handler units as well as changing pipe configurations. By implementing these improvements and adjustments, we will be facilitating the efficiency of the ale equipment at that location. Estimated cost to accomplish this task is $41,000.00, this would include engineering costs and contracted work to furnish materials, equipment, supplies and labor. Through Budget Resolution No. 05-400 funding in the amount of $25,000.00 (refund from TECO/BGA) is available and funding in the amount of $16,000.00 is available in Energy Efficiency Projects. Staff is requesting permission to use these funds to execute this work. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution No. 05-400 in the amount of $25,000.00 and funding in the amount of $16,000.00 in Energy Efficiency Projects for a total project amount of $41 ,000.00 to make improvements and adjustments to the ale system at the Rock Road Jail Facility. "-' RESOLUTION NO. 05-400 ...., WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from BGA, Inc. in the amount of $25,000 in the form of a contribution for St. Lucie County to make adjustments to the air conditioning controls at Rock Road Jail. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida, in meeting assembled this 18th day of October, 2005, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2005-2006, and the County's budget is hereby amended as follows: REVENUE 315-1930-366930-15012 Contributions from Private Sources $25,000 APPROPRIATIONS 315-1930-546200-15012 Maintenance Imp. Projects $25,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 18th DAY OF OCTOBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '\r "-- ...,.J AGENDA REQUEST ITEM NO. c-9 C DATE: October 18,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE AMENDING THE CONTRACT AWARD AMOUNT OF $199,000.00 TO HENNIS CONSTRUCTION COMPANY TO INCLUDE THE PUBLIC CONSTRUCTION BOND AMOUNT OF $4,060.00 FOR A TOTAL CONTRACT AMOUNT OF $203,060.00 FOR THE RIVER PARK MARJNA RESTROOM. BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 310203-7240-562000-7601 (Buildings) 316-7240-562000-7601 (Buildings) PREVIOUS ACTION: On October 11, 2005, Item No. c-8H, the Board of County Commissioners approved the low bidder (Bid # 05-069), Hennis Construction Company for the River Park Marina Restroom. RECOMMENDATION: Staff recommends the Board of County Commissioners approve amending the contract award amount of $199,000.00 (to include the public construction bond amount of $4,060.00) to $203,060.00 for Hennis Construction Company for the River Park Marina Restroom. MISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Approved 4-0 ~ Mgt. & Budget: - Other: Purchasing Mgr.: :1/ Coordination/Signatures County Attorney: 0·· t· D~~ \,:'---r ngma Ing ep. Jv Other: Finance: (Check lor Copy only, il Applicable) Elf. 1/97 R:\AGENDA\AGENDA-67 HENNIS RIVER PARK BID BOND.~OC " ,. "'-' ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: October 18, 2005 SUBJECT: APPROVE AMENDING THE CONTRACT AWARD AMOUNT OF $199,000.00 TO HENNIS CONSTRUCTION COMPANY TO INCLUDE THE PUBLIC CONSTRUCTION BOND AMOUNT OF $4,060.00 FOR A TOTAL CONTRACT AMOUNT OF $203,060,00 FOR THE RIVER PARK MARINA RESTROOM. ****************************************************************************** BACKGROUND: On October 11, 2005, Item No. c-8H, the Board approved the low bidder, Bid No. #05-069, Hennis Construction Company for the construction of the River Park Marina Restroom. The public construction bond was not included in the bid documents and therefore staff is requesting the contract award amount be amended to reflect that sum of$4,060.00 for a total contract amount of$203,060.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve amending the contract award amount of $199,000,00 (to include the public construction bond amount of $4,060.00) to $203,060.00 for Hennis Construction Company for the River Park Marina Restroom. / . BOARD OF COU[.; COMMISSIONE PIIRCHASING £:w;ÞARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #05-069 RIVER PARK MARINE - RESTROOM CENTRAL SERVICES OPENED: 7/17/2005 VENDOR BASE BID HENNIS CONST. CO., INC. $ 199,000.00 PORT ST. LUCIE, FL FAX: 772-464-4114 AL T. ADD --- $3,000.00 FOR FRONT ENTRY GABLE SPADES CONTRACTORS CORP. $ 199,969.00 MELBOURNE, FL FAX: 321-757-8423 NUMBER OF COMPANIES NOTIFIED*: 786 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 10 NUMBER OF BIDS RECEIVED: 2 . PER DEMANDSTAR.COM JOSEPH E. SMITH, District NO.1 + DOUG COWARD, District No.2 + PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4' CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: WVV'N.co.st-JucieJI.us Ò ì D is 'FoR \d-.O pl-\'(-S fRO/-"¡ \ ç;.sU!~)uG~' or1\J6Tïc f 'To F\ocœD 15