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HomeMy WebLinkAboutAgenda Packet 01-20-20090- January 20, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 asks anyone wishing to speak 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 ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to 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 workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. 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) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 13, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations for January 20, 2009. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16. B. COUNTY ATTORNEY St. Lucie County International Airport — Fourth Amendment to Lease Agreement with Phoenix Metals, Inc. - Consider staff recommendation to approve the proposed Fourth Amendment to the Lease Agreement with Phoenix Metals, Inc., and authorize the Chairman to sign the amendment. C. PUBLIC WORKS 1. Engineering Division - Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66 - Consider staff recommendation to accept Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66, provide final payment, release retainage in the amount of $30,636.06 to Johnson -Davis, Inc. (C08-04-150), and authorize the Chair to sign. 2. Engineering Division - Waterstone — Release of Maintenance Bond for Concrete Sidewalk — Consider staff recommendation approve the release of surety and authorize the Chairman to sign. 3. Engineering Division - Road Improvement Agreement with Rhodes Holdings, Inc., developers of St. Andrews Park Walgreen's Crossing - Consider staff recommendation approve the Road Improvement Agreement with Rhodes Holdings, Inc. and authorize the Chairman to sign the Agreement. 4. Engineering Division - Sunland Gardens Phase II MSBU — Request Permission to Advertise the Second Public Hearing - Consider staff recommendation to grant permission to advertise the Sunland Gardens Phase II MSBU Second Public Hearing to be held on February 17, 2009. C. PUBLIC WORKS CONTINUED 5. PULLED PRIOR TO MEETING - Engineering Division - Request permission to advertise for Qualifications (RFQs) for five Continuing Contracts administered by the Engineering Division - Consider staff recommendation to advertise for RFQs from qualified firms to perform Bridge Evaluation and Design, Construction Management, Geotechnical Engineering and Construction Materials Testing, Roadway and Intersection Design, and Stormwater Management under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. 6. Engineering Division - Change Order No. 1 in the amount of $7,647 for Paradise Park Phase 2 - Consider staff recommendation to award Change Order No. 1 to the contract with Ranger Construction in the amount of $7,647 for a total cost of $44,706 in order to construct the anchoring foundation for headwall structure S-38 at the SFWMD C-25 Canal within the Paradise Park Subdivision Stormwater Improvements Phase 2 Project, and authorize the Chairman to sign. D. AIRPORT Request permission to enter into contract with David Greenlaw Construction in the amount of $36,292.06, for a metal roof replacement at Phoenix Metal Products located at the St. Lucie County International Airport — Consider staff recommendation approve the contract for the metal roof replacement at Phoenix Metal Products, Inc. to David Greenlaw Construction in the amount of $36,292.06, and request the Chairman or designee to sign the contract as prepared by the County Attorney. E. GROWTH MANAGEMENT 1. Permission to advertise and issue a Request for Qualifications (RFQ) for consultant work to assist in the preparation of the Evaluation and Appraisal Report (EAR) based comprehensive plan amendments - Consider staff recommendation to approve to advertise and issue a Request for Qualifications (RFQ) in the assistance of adopting the EAR -based amendments of the Comprehensive Plan. Request permission to advertise the developer agreement of Lennar Homes, LLC for the Silver Oaks Planned Unit Development — Consider staff recommendation authorize staff to advertise two Public Hearings. The first to be held on February 10, 2009 at 9 AM or as soon thereafter as possible, and the second on February 17, 2009 at 6 PM or as soon thereafter as possible. F. MANAGEMENT AND BUDGET 1. Purchasing Division - Approval of bid waiver and ratification of emergency purchase orders from Tropical Strom Fay — Staff recommends that the Board: (1) Ratify the County Administrator's Order effective August 19, 2008 at 6:00 A.M.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders as attached. 2. Purchasing Division - Board approval to reject all responses and re -advertise Request for Qualification 09-003; Professional Engineering Services -Traffic and Transportation - Consider staff recommendation to reject all responses and re -advertise Request for Qualification 09-003; Professional Engineering Services — Traffic and Transportation. 3. Purchasing Division - Board approval to award Invitation to Bid (ITB) Bid #09-007 Taylor Dairy Road and St. Lucie Boulevard Force Main Extension, Phase I, according to the attached tabulation of the lowest responsive, responsible bidder H & D Construction of Fort Pierce, Florida in the amount of $160,352.50 - Consider staff recommendation to approve to award Invitation to Bid (ITB) Bid #09-007 Taylor Dairy Road and St. Lucie Boulevard Force Main Extension, Phase I, according to the attached tabulation of the lowest responsive, responsible bidder H & D Construction of Fort Pierce, Florida in the amount of $160,352.50 and authorization for the Chairman to sign the contract as prepared by the County Attorney. G. GRANTS Authorize the County Administrator to sign documents associated with the St. Lucie County Development Permit Application to allow for the National Navy UDT-SEAL Museum install a new sidewalk and memorial area - Consider staff recommendation to authorize the County Administrator to sign any documents associated with the Development Permit Application for the new sidewalk and memorial area at the National Navy UDT-SEAL Museum. H. ECONOMIC DEVELOPMENT Request Board approval to accept the ist Quarter Economic Development Council's report on the accomplishments in October, November and December 2008 as fulfilling the requirements of the contract - Consider staff recommendation to approve this 1st quarter interim report by the EDC and the continued pursuit of economic growth in the County. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-003 (formerly No. 08-031) - Amending the Land Development Code to add the definition of Fall Radius; to amend Section 7.10.23(M)(1), Setbacks and Sections 7.10.23(N)(3), Separation Requirements for Telecommunications Tower Height General Requirements and Minimum Standards — Consider staff recommendation to adopt the attached Ordinance No. 09-003 and authorize the Chairman to sign the Ordinance. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY 3301 Cortez, Fort Pierce, FL — Unsightly and Unsanitary Conditions — Consider staff recommendation to authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. IX. ANNOUNCEMENTS The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Thursday, January 29, 2009 at 9:00 a.m. in the County Commissioners Chambers. MoneyFest is happening Saturday, February 21, 2009 from 9:00 a.m. — 5:00 p.m. at the Fenn Center. This is a free event for the public to learn about ways to save, protect themselves from loss and increase their wage earning power. The St. Lucie County Extension office is coordinating this program. For more information, please call 772-462-1660. 3. Saturday, February 7, 2009 Zora Fest! Will host the annual Hattitude luncheon, where guests must wear a hat in order to attend - in recognition of Zora's love of hats. The event is planned for the Old Fort Pierce City Hall Annex on Avenue A between 11:00 a.m. — 2:00 p.m. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at www.stiucieco.clov/culturalaffairs/index.htm. IX. ANNOUNCEMENTS 4. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Thursday, February 26, 2009 vs. the Florida Marlins at 1:10 p.m. Home games run through April 2, 2009 with games vs. the Atlanta Braves, Baltimore Orioles, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. The 44th Annual St. Lucie County Fair will take place February 27, 2009 - March 8, 2009 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stiuciecounlyfair.com. 6. Zora Fest! Will be Friday, Saturday and Sunday, April 3rd, 4th and 5th at Lincoln Park Academy and other venues. Hurston scholars will be on hand to discuss her writings and her life. Niece Lucy Hurston, a professor at Manchester Community College in Connecticut, will be on hand for the festival and a Sunday brunch at the Pelican Yacht Club on April 5, 2009. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at www.stiucieco.gov/culturalaffairs/­­index.htm. NOTICE: All Proceedings before this Board are electronically 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us I. GENERAL PUBLIC COMMENT II. CONSENT AGENDA A. PUBLIC WORKS 1. Amendment No. 2 to Project Agreement 07SL2 with FDEP which includes additional state funds for design and permitting tasks associated with the Southern St. Lucie County Beach Restoration Project - Consider staff recommendation to approve 1) Amendment No. 2 to Project Agreement No. 07SL2 with FDEP, 2) Budget Resolution No. 09-002, 3) Amendment No. 2 to Work Authorization No. 06 (Contract #04-11-642) with Coastal Technology Corporation, increasing the contract amount by $494,812 and 3) signature of said documents by the Chairman. Amendment No. 1 to Project Agreement 07SL3 for a FDEP matching grant to evaluate the performance of a potential sediment basin for sand by-passing purpose at the Ft. Pierce Inlet - Consider staff recommendation to approve 1) Amendment No. 1 to Project Agreement No. 07SL3 with FDEP, 2) Budget Resolution No. 09-003, 3) Amendment No. 1 to Work Authorization no. 13 (Contract #04-11-622) with Taylor Engineering, Inc., increasing the contract amount by $452,900 and 3) signature of said documents by the Chairman. NOTICE: All Proceedings before this Board are electronically 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. O1/19/09 FZABWARR FUND TITLE 001 001180 001184 001188 001193 001194 001404 001419 001422 001436 001500 001501 001505 101 101002 101003 101004 102 102001 102809 105 107 107002 107003 107006 107204 107205 107206 121 129 140 140133 140135 140335 140356 140800 160 183 183001 183004 183006 184205 184209 184211 184212 184213 185010 189201 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2009 TO 16-JAN-2009 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FDCA SLC Buildings Wind Retrofit pr U.S. Dept of Housing & Community 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC Bill & Melinda Gates Foundation Pub INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Blakely Subdivision Fund Parks MSTU Fund Airport Fund Construct Runway 9L/27R/Fence FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FDEP S SLC Dune Restoration FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla EXPENSES 522,062.72 5,003.00 53,126.40 25,862.17 23,697.00 4,354.00 30,735.00 304.25 407.25 42.00 354.96 9,292.73 6, 462.77 38,405.02 20,312.39 5,852.93 12,574.65 28,214.92 8, 917.56 263.77 1, 792.85 379,664.67 18,597.80 24,986.63 46,766.15 588.24 782.81 35,132.07 99.36 8,360.00 12,661.12 282,634.28 190,461.34 24,900.29 7, 570.95 5.00 1, 327.60 9, 145.47 140.00 35, 038.99 425.00 549.08 13,719.06 103,770.82 8, 652.98 219.42 23, 000.00 30,990.21 PAGE PAYROLL 62,394.00 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 O1/19/09 FZABWARR FUND TITLE 189202 216 310002 316 318 318102 382 401 418 451 461 471 478 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2009 TO 16-JAN-2009 FUND SUMMARY My Safe Florida Home County Capital I&S Impact Fees -Parks County Capital County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 15,664.04 1,202.00 68,877.75 486,236.85 903.02 33,055.15 111.16 90,529.83 7,046.83 686.54 23,873.93 29,473.14 1, 866.10 879.37 122,878.02 57,502.11 26,111.91 31,421.59 361.46 40,748.13 3, 097, 656. 61 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,039.00 0.00 0.00 0.00 2,378.20 0.00 0.00 0.00 0.00 0.00 94,811.20 O1/19/09 FZABWARR FUND TITLE 001 001180 001184 001188 001193 001194 001404 001419 001422 001436 001500 001501 001505 101 101002 101003 101004 102 102001 102809 105 107 107002 107003 107006 107204 107205 107206 121 129 140 140133 140135 140335 140356 140800 160 183 183001 183004 183006 184205 184209 184211 184212 184213 185010 189201 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2009 TO 16-JAN-2009 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FDCA SLC Buildings Wind Retrofit pr U.S. Dept of Housing & Community 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC Bill & Melinda Gates Foundation Pub INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Blakely Subdivision Fund Parks MSTU Fund Airport Fund Construct Runway 9L/27R/Fence FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FDEP S SLC Dune Restoration FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla EXPENSES 522,062.72 5,003.00 53,126.40 25,862.17 23,697.00 4,354.00 30,735.00 304.25 407.25 42.00 354.96 9,292.73 6, 462.77 38,405.02 20,312.39 5,852.93 12,574.65 28,214.92 8, 917.56 263.77 1,792.85 379,664.67 18,597.80 24,986.63 46, 766.15 588.24 782.81 35,132.07 99.36 8, 360.00 12,661.12 282,634.28 190,461.34 24,900.29 7, 570.95 5.00 1, 327.60 9, 145.47 140.00 35,038.99 425.00 549.08 13,719.06 103,770.82 8, 652.98 219.42 23, 000.00 30,990.21 PAGE PAYROLL 62,394.00 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 01/19/09 FZABWARR FUND TITLE 189202 216 310002 316 318 318102 382 401 418 451 461 471 478 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2009 TO 16-JAN-2009 FUND SUMMARY My Safe Florida Home County Capital I&S Impact Fees -Parks County Capital County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL EXPENSES 15,664.04 1,202.00 68,877.75 486,236.85 903.02 33,055.15 111.16 90,529.83 7, 046.83 686.54 23,873.93 29,473.14 1, 866.10 879.37 122,878.02 57,502.11 26,111.91 31,421.59 361.46 40,748.13 3, 097, 656. 61 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,039.00 0.00 0.00 0.00 2,378.20 0.00 0.00 0.00 0.00 0.00 94,811.20 01/19/09 FZABWARR FUND TITLE 001 001180 001184 001188 001193 001194 001404 001419 001422 001436 001500 001501 001505 101 101002 101003 101004 102 102001 102809 105 107 107002 107003 107006 107204 107205 107206 121 129 140 140133 140135 140335 140356 140800 160 183 183001 183004 183006 184205 184209 184211 184212 184213 185010 189201 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2009 TO 16-JAN-2009 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FDCA SLC Buildings Wind Retrofit pr U.S. Dept of Housing & Community 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC Bill & Melinda Gates Foundation Pub INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Blakely Subdivision Fund Parks MSTU Fund Airport Fund Construct Runway 9L/27R/Fence FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FDEP S SLC Dune Restoration FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla EXPENSES 522,062.72 5, 003.00 53, 126.40 25,862.17 23,697.00 4,354.00 30,735.00 304.25 407.25 42.00 354.96 9,292.73 6, 462.77 38,405.02 20,312.39 5,852.93 12,574.65 28, 214 .92 8, 917.56 263.77 1, 792.85 379,664.67 18,597.80 24,986.63 46,766.15 588.24 782.81 35,132.07 99.36 8, 360.00 12,661.12 282,634.28 190,461.34 24,900.29 7, 570.95 5.00 1, 327.60 9, 145.47 140.00 35, 038.99 425.00 549.08 13,719.06 103, 770.82 8, 652.98 219.42 23,000.00 30, 990.21 PAGE PAYROLL 62,394.00 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 01/19/09 FZABWARR FUND TITLE 189202 216 310002 316 318 318102 382 401 418 4S1 461 471 478 491 S05 50S001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 10-JAN-2009 TO 16-JAN-2009 FUND SUMMARY My Safe Florida Home County Capital I&S Impact Fees -Parks County Capital County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL EXPENSES 1S,664.04 1,202.00 68,877.75 486,236.85 903.02 33,055.15 111.16 90,529.83 7, 046.83 686.54 23,873.93 29,473.14 1,866.10 879.37 122,878.02 57,502.11 26,111.91 31, 421.59 361.46 40,748.13 3,097,656.61 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,039.00 0.00 0.00 0.00 2,378.20 0.00 0.00 0.00 0.00 0.00 94,811.20 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 13, 2009 Convened: 9:00 a.m. Adjourned: 9:35 a.m. Commissioners Present: Paula A. Lewis, Chairperson, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Diana Lewis, Airport Director, Shai Francis, Finance Director, Carl Holeva, Human Resources Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Jody Bonet, Cultural Affairs Director, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 6, 2009 meeting. It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held January 6, 2008, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Earned Income Tax Credit Awareness Day - Consider staff recommendation to adopt the proclamation 08-389 as written for January 30, 2009 as Earned Income Tax Credit Awareness Day in St. Lucie County. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 08- 389, and; upon roll call, motion carried unanimously. B. Certificate of Achievement- the Clerk of the Circuit Court presented the Board with the Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2007. V. GENERAL PUBLIC COMMENT Mr. Jack Connelly, representing the Hibiscus Children's Center, addressed the Board and informed all present of the V Annual Fishing Tournament taking place on January 14, 2009. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 15. B. COUNTY ATTORNEY Treasure Coast FBO, LLC — Consent to Sublease, First Amendment to Sublease and Assignment and Assumption of Sublease for Hangar 3816 — The Board 1 01/09/09 FZABWARR FUND TITLE 001 001113 001176 001180 001181 001184 001188 001190 001419 001434 001436 001500 001501 001505 101 101001 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107006 107204 107205 107206 129 130 140 140133 140335 150 160 183 183001 183004 183006 185009 189201 189202 316 316001 39007 401 ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 06-JAN-2009 TO 09-JAN-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007- FTA Sec 5307 - Buses 05/06 FDCA-Construct County EOC Fla Comm for the. Disadvantaged Tran INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Parks MSTU Fund SLC Public Transit MSTU Airport Fund Construct Runway 9L/27R/Fence Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla My Safe Florida Home County Capital 5th Cent Fuel -Capital Indian River Estates MSBU Sanitary Landfill Fund EXPENSES 2,111,074.39 22,507.00 260.94 57.46 52,424.00 13,739.57 __....._ . _ ..2,135 .21 18.04 784,201.32 236.76 15.16 39.29 772.14 404.16 12,220.38 279.17 146, 657.76 16,771.99 8,872.93 11,686.00 56,488.06 1,748.01 3,727,681.68 304.29 304.30 4,178.17 2,361.18 1,001.37 567.75 3,598.22 11,468.55 589.82 8,837.10 16,901.91 889.57 414.69 1, 042.86 3,228.31 100.00 1,785.97 1,095.53 28,560.46 691,869.45 17,418.76 584,211.25 142.80 1,378.50 477,418.04 PAGE PAYROLL 569,665.26 0.00 670.36 66.56 0.00 1, 541. 60 6, 795.77 0.00 0.00 628.76 0.00 0.00 3, 064.37 0.00 41,517.60 1,059.70 111,379.06 29, 621 .47 17,442.17 0.00 118,713.33 5,434 .07 181,258.56 1,113.60 1, 113.60 0.00 8,736.95 1,507.10 2,076.00 0.00 0.00 2,176.18 15,788.51 0.00 0.00 1,523.20 3,267.26 3,009.49 0.00 5, 996.24 0.00 0.00 2,285.60 2, 975.20 0.00 0.00 0.00 61,081.53 01/09/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #15- 06-JAN-2009 TO 09-JAN-2009 FUND SUMMARY FUND 418 451 458 461 471 478 479 491 505 611 625 801 TITLE Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund EXPENSES 18,759.67 1, 881.15 161.13 21,160.68 68,527.17 367.19 241.32 9, 600.76 225,941.06 695.00 700.00 277, 840. 97 PAGE PAYROLL 26,464.45 1, 703 . 34 639.86 17,443.34 10,603.86 1, 398.38 889.18 34,767.20 3,889. 66 0.00 0.00 0.00 GRAND TOTAL: 9,455,836.37 1,299,308.37 approved the First Amendment to Sublease, and Assignment and Assumption for Hangar 3816, and authorized the Chairman to sign the documents. C. PUBLIC SAFETY Professional Services Agreement with the Treasure Coast Regional Planning Council — Update and revision of the St. Lucie County Continuity of Operations Plan (COOP) in the amount of twenty-nine thousand, six hundred, thirty-seven dollars ($29,637.00) — The Board approved the Professional Services Agreement with the Treasure Coast Regional Planning Council and authorized the Chairman to sign. D. GRANTS 1. Approve Equipment Request No. EQ#09-019 and the contract with Stephanie Jaffe Werner of Esplanade 7, Inc., to construct and install a permanent sculpture at the Avenue D roundabout located at the intersection of Avenue D and 15th Street — The Board approved Equipment Request No. EQ#09-019 and the contract with Stephanie Jaffe Werner of Esplanade 7, Inc., to construct and install a Highwaymen obelisk at the Avenue D roundabout located at the intersection of Avenue D and 15th Street. D. GRANTS CONTINUED 2. Request the Board to authorize the submittal of a grant application to the U.S. Environmental Protection Agency, for funds in the amount of $50,000 from the Environmental Education Grants Program. These funds will be utilized to provide education, resources, and stewardship opportunities to volunteers, in regards to the Indian River Lagoon region — The Board authorized the submittal of a grant application to the U.S. Environmental Protection Agency — Environmental Education Grants Program, requesting $50,000 to promote the Indian River Lagoon Environmental Stewardship Program. 3. Request the Board to authorize the submittal of a grant application to the American Association for State and Local History, for funds not to exceed $3,000 from the 2009 Alderson Internship Grant Program. These funds will be utilized to assist the St. Lucie County Regional History Center with staffing needs by hiring a summer -graduate intern to assist with museum procedures, cataloguing artifacts, organizing special events, and exhibit improvements — The Board authorized the submittal of a grant application to the American Association for State and Local History — 2009 Alderson Internship Grant Program, requesting $3,000 to provide for a summer -graduate intern at the St. Lucie County Regional History Center. E. ENVIRONMENTAL RESOURCES Board approval to award RFP 09-011 to JMWA Architects for the design and construction of a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center in the amount of $70,000. — The Board approved awarding RFP #09- 011 (Oxbow Eco-Center Watershed Exhibit) to the top ranked proposer JMWA Architects and granted permission for the Chairman to sign the contract as prepared by the County Attorney. F. ADMINISTRATION Office Space — Congressman Rooney's Office — The Board approved the rental of an office to Congressman Rooney, subject to a Lease Agreement by the County Attorney. G. AIRPORT Request approval to submit a grant application of up to $150,000 to the Federal Aviation Administration (FAA) in support of ongoing security fencing projects at the St. Lucie County International Airport — The Board approved submitting a grant application to the Federal Aviation Administration in support of security fencing projects of up to $150,000 at the St. Lucie County International Airport. 2 H. COMMUNITY SERVICES I. 2 L. 1. Approve Budget Resolution No. 09-012 to budget funds for fixed routes in the St. Lucie West area for the Florida Department of Transportation Joint Participation Agreement; and approve sub grant agreement with Council on Aging, transportation provider — The Board approved Budget Resolution No. 09-012 to budget funds for the FDOT Joint Participation Agreement for the St. Lucie West fixed routes; approved to accept sub agreement with COASL/Community Transit and authorized the Chair to sign all necessary documents. Acceptance of FY08/09 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged; approval of the new Transportation Development Service Plan (TDSP) and trip rates; approval of Budget Resolution No. 09-015 to budget funds — The Board approved acceptance of Trip/Equipment Grant, approved the Transportation Development Service Plan (TDSP) and new trip rates; approved Budget Resolution No. 09-015 to budget funds; and authorized the Chair to sign the agreement. COMMUNITY SERVICES CONTINUED 3. Approve Budget Resolution No. 09-011 to budget funds from the U.S. Department of Justice Violence Against Women for the Safe Havens grant — The Board approved Budget Resolution No. 09-011 to budget funds from the U.S. Department of Justice Violence Against Women for the Safe Haven grant. UTILITIES 1. Change Order No. 3 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $3,750.00 — The Board approved Change Order No. 3 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $3,750.00. 2. Staff requests approval to increase the Utilities Department change fund by $150, from $300 to $450, for additional funds in three customer service cash drawers — The Board approved the additional utility customer service cash drawer funds in the amount of $150. SOLID WASTE Request Board approval to advertise for Proposals for the Exclusive Residential Collection Service Agreement for the County Urban Service Area — The Board approved advertising the Request for Proposals for the Exclusive Residential Collection Service Agreement for the County Urban Service Area. MANAGEMENT AND BUDGET 1. Purchasing Division — Board approval of fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the Clerk of Court Department. 2. Purchasing Division - Board approval of fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the St. Lucie County Health Department. 3. Purchasing Division — Board approval of fixed asset inventory -property record removal — The Board authorized staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. PUBLIC WORKS 3 1. USDA/NRCS Grant Agreement partnership with NSLRWCD for repairs to Header Canal Road bank stabilization — The Board provided direction to Public Works Staff to prepare an Interlocal agreement between the NSLRWCD and St. Lucie County to perform repairs to Header Canal Road embankment, and to provide matching funds in an amount not to exceed $620,000. 2. Engineering Division - Emergency Verada Ditch repair related to Tropical Storm Fay — The Board approved Amendment No. 1 to Work Authorization No. 6 (C07-07-387) with Miller Legg for the emergency repair of Verada Ditch in the amount of $269,737.03, and authorized the Chair to sign. 3. Work Authorization No. 10 with Dredging and Marine Consultants, LLC. for professional engineering services for the Taylor Creek (Site 7) Shoreline Emergency Repair including Permitting, Engineering, Bidding and Construction Inspection Services — The Board approved and authorized signature of the Chair for Work Authorization No. 10 with Dredging and Marine Consultants, LLC., in the amount of $185,100.00 for professional services for the Shoreline Emergency Repair of Taylor Creek (Site 7). REGULAR AGENDA VII. GROWTH MANAGEMENT A request by Allied New Technologies via the County Attorney's office and the Growth Management Department to amend Section D of Resolution No. 07-135. The purpose of this request is to clarify the language in Section D regarding which permits are subject to agencies other than St. Lucie County — Consider staff recommendation to approve Resolution No. 09-014 as drafted. The Growth Management Director addressed the Board on this item. The company has received the bulk of the permits and is awaiting the permit from the Department of Environmental Protection. The DEP has informed staff they would be providing the permit to the company as soon as the issues are resolved. Staff felt comfortable in supporting their requests and amending the resolution since they met all of the county's criteria. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY County Administrator Employment Agreement- Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. IX. ADMINISTRATION Addition to Agenda- Legislative Issue Requests- Authorize the County Administrator to submit Legislative Issue Requests to the St. Lucie County Legislative Delegation meeting on January 27, 2009 for the following items: County Jails Housing State Prisoners Medicaid Hospital Billings for Inmates State Trust Fund for SHIP and Transportation Disadvantaged Medicaid Nursing Home and Hospital Billings It was moved by Com. Grande, seconded by Com. Coward to authorize the County Administrator to submit Legislative Issue requests to the St. Lucie County Legislative Delegation meeting on January 27, 2009, and; upon roll call, motion carried unanimously. Com. Craft advised the Board he would be attending the TCERDA meeting this afternoon and asked the Board for direction as to whether they are inclined to or not to move forward with the agreement if not, then there would not be a need for TCERDA to withdraw since they are not a governing agency and asked the Board if they were inclined to keep working on the 171. He stated it did not matter to him and felt they just needed to decide as a Board what direction to take so that he could inform TCERDA. Com. Grande recommended dropping the agreement from consideration and pursuing the 171 negotiations with the City. Com. Coward concurred stated he felt the Board should have the discussion this afternoon before taking a position. Com. Craft stated his understanding is there was a Board member requesting the issue be withdrawn and he wanted to be clear as to what the Boards intent was before going to the TCERDA Board meeting. Com. Coward stated it should be noted that the Board was going to have the discussion this afternoon and afterwards they would have clarity as to how they wish to pursue. Com. Dzadovsky stated he believed taking the outline of the comments from the last Board meeting to TCERDA would be an opportunity to get their thoughts and then report back to the BOCC this afternoon. Com. Craft stated he would be happy to go to the TCERDA meeting today and advise them where we are and the discussion we are having and invite them to attend the workshop. Com. Coward commented on a meeting he attended regarding green collar job training with the Ad -Hoc Committee and the enthusiasm he saw regarding this idea. He would like staff to go out with this Ad —Hoc committee and begin to look specifically for space and other related issues. He believed the county could provide space for such training at the Logistic Center. The County Administrator advised the Board this item was scheduled for discussion on the next informal meeting. Com. Coward stated he would like for the Board to provide direction to staff on this issue in the future. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 13, 2009 Convened: 9:00 a.m. Adjourned: 9:35 a.m. Commissioners Present: Paula A. Lewis, Chairperson, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Diana Lewis, Airport Director, Shai Francis, Finance Director, Carl Holeva, Human Resources Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Jody Bonet, Cultural Affairs Director, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 6, 2009 meeting. It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held January 6, 2008, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Earned Income Tax Credit Awareness Day - Consider staff recommendation to adopt the proclamation 08-389 as written for January 30, 2009 as Earned Income Tax Credit Awareness Day in St. Lucie County. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 08- 389, and; upon roll call, motion carried unanimously. B. Certificate of Achievement- the Clerk of the Circuit Court presented the Board with the Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2007. V. GENERAL PUBLIC COMMENT Mr. Jack Connelly, representing the Hibiscus Children's Center, addressed the Board and informed all present of the 3ro Annual Fishing Tournament taking place on January 14, 2009. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 15. B. COUNTY ATTORNEY Treasure Coast FBO, LLC - Consent to Sublease, First Amendment to Sublease and Assignment and Assumption of Sublease for Hangar 3816 - The Board 01/09'/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #15- 06-JAN-2009 TO 09-JAN-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,111,074.39 569,665.26 001113 CDBG Supp Disaster Recovery Subgran 22,507.00 0.00 001176 FTA Section 5303 F/Y06 260.94 670.36 001180 US Dept Housing HUD Shelter Plus Gr 57.46 66.56 001181 FTA Section 5307 Operating & Capita 52,424.00 0.00 001184 001188 CDBG 07 Section 112/MPO/Fhwa/Planning 2007 13,739.57 - 2,135.21 1,541.60 001190 FTA Sec 5307 - Buses 05/06 18.04 6,795.77 0.00 001419 FDCA-Construct County EOC 784,201.32 0.00 001434 Fla Comm for the Disadvantaged Tran 236.76 628.76 001436 INTACT Inspired Network to Achieve 15.16 0.00 001500 FDEM Emergency Mgmt Performance 39.29 0.00 001501 CSBG 2008-2009 Dept of Health and H 772.14 3,064.37 001505 FDCA Emerg. Mgmt Prep & Assist FY09 404.16 0.00 101 101001 Transportation Trust Fund 12,220.38 41,517.60 Transportation Trust Interlocals 279.17 1,059.70 101002 Transportation Trust/80% Constitut 146,657.76 111,379.06 101003 Transportation Trust/Local Option 16,771.99 29,621.47 101004 Transportation Trust/County Fuel Tx 8,872.93 17,442.17 101006 Transportation Trust/Impact Fees 11,686.00 0.00 102 102001 Unincorporated Services Fund Drainage Maintenance MSTU 56,488.06 118,713.33 107 Fine & Forfeiture Fund 1,748.01 3,727,681.68 5,434.07 107001 Fine & Forfeiture Fund -Wireless Sur 304.29 181,258.56 107002 Fine & Forfeiture Fund-E911 Surchar 304.30 1,113.60 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,178.17 1,110.00 107006 F&F Fund -Court Related Technology 2,361.18 107204 FL Dept Juvenile Justice-DMC Civil 1,567.75 8,736.95 6.95 107205 Juvenile Justice & Delinquency Prev 107206 FDCF Criminal Justice, Mental Healt 2,076.00 2,076.00 129 Parks MSTU Fund 1,468.55 11,589.82 0.00 130 140 SLC Public Transit MSTU Airport Fund 589.82 00 2,176.18 6.18 140133 Construct Runway 9L/27R/Fence 8,837.10 16, 15,788.51 140335 Parallel Runway Design-9L/27R . 889.57 0.00 150 Impact Fee Collections 414.69 0.00 160 Plan Maintenance RAD Fund 1,042.86 1,523.20 183 Ct Administrator-19th Judicial Cir 3,100.00 3,267.26 183001 Ct Administrator-Arbitration/Mediat 49 3,009.00 183004 Ct Admin.- Teen Court 183006 Guardian Ad Litem Fund 1, 785.97 6. 5,99.00 185009 FHFA SHIP 2007/2008 09.53 0.00 189201 FHFC Hurricane Housing Recovery Pla 8,560.46 691,869.45 189202 My Safe Florida Home 5.60 2,975.20 316 County Capital 2,970.00 316001 5th Cent Fuel -Capital 84,211.5 584,211.25 0.00 39007 Indian River Estates MSBU 142.80 1,378.50 0.00 401 Sanitary Landfill Fund 477,418.04 0.00 61,081.53 01/09/09, FZABWARR FUND TITLE ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 06-JAN-2009 TO 09-JAN-2009 FUND SUMMARY 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 801 Bank Fund EXPENSES 18,759.67 1, 881.15 161.13 21, 160.68 68, 527.17 367.19 241.32 9, 600.76 225,941.06 695.00 700.00 277, 840. 97 PAGE PAYROLL 26,464.45 1,703.34 639.86 17,443.34 10,603.86 1,398.38 889.18 34,767.20 3,889.66 0.00 0.00 0.00 GRAND TOTAL: 9,455,836.37 1,299,308.37 approved the First Amendment to Sublease, and Assignment and Assumption for Hangar 3816, and authorized the Chairman to sign the documents. C. PUBLIC SAFETY Professional Services Agreement with the Treasure Coast Regional Planning Council — Update and revision of the St. Lucie County Continuity of Operations Plan (COOP) in the amount of twenty-nine thousand, six hundred, thirty-seven dollars ($29,637.00) — The Board approved the Professional Services Agreement with the Treasure Coast Regional Planning Council and authorized the Chairman to sign. D. GRANTS 1. Approve Equipment Request No. EQ#09-019 and the contract with Stephanie Jaffe Werner of Esplanade 7, Inc., to construct and install a permanent sculpture at the Avenue D roundabout located at the intersection of Avenue D and 15t' Street — The Board approved Equipment Request No. EQ#09-019 and the contract with Stephanie Jaffe Werner of Esplanade 7, Inc., to construct and install a Highwaymen obelisk at the Avenue D roundabout located at the intersection of Avenue D and 15t' Street. D. GRANTS CONTINUED 2. Request the Board to authorize the submittal of a grant application to the U.S. Environmental Protection Agency, for funds in the amount of $50,000 from the Environmental Education Grants Program. These funds will be utilized to provide education, resources, and stewardship opportunities to volunteers, in regards to the Indian River Lagoon region — The Board authorized the submittal of a grant application to the U.S. Environmental Protection Agency — Environmental Education Grants Program, requesting $50,000 to promote the Indian River Lagoon Environmental Stewardship Program. 3. Request the Board to authorize the submittal of a grant application to the American Association for State and Local History, for funds not to exceed $3,000 from the 2009 Alderson Internship Grant Program. These funds will be utilized to assist the St. Lucie County Regional History Center with staffing needs by hiring a summer -graduate intern to assist with museum procedures, cataloguing artifacts, organizing special events, and exhibit improvements — The Board authorized the submittal of a grant application to the American Association for State and Local History — 2009 Alderson Internship Grant Program, requesting $3,000 to provide for a summer -graduate intern at the St. Lucie County Regional History Center. E. ENVIRONMENTAL RESOURCES Board approval to award RFP 09-011 to JMWA Architects for the design and construction of a St. Lucie River "Living in a Watershed" Exhibit at the Oxbow Eco-Center in the amount of $70,000. — The Board approved awarding RFP #09- 011 (Oxbow Eco-Center Watershed Exhibit) to the top ranked proposer JMWA Architects and granted permission for the Chairman to sign the contract as prepared by the County Attorney. F. ADMINISTRATION Office Space — Congressman Rooney's Office — The Board approved the rental of an office to Congressman Rooney, subject to a Lease Agreement by the County Attorney. G. AIRPORT Request approval to submit a grant application of up to $150,000 to the Federal Aviation Administration (FAA) in support of ongoing security fencing projects at the St. Lucie County International Airport — The Board approved submitting a grant application to the Federal Aviation Administration in support of security fencing projects of up to $150,000 at the St. Lucie County International Airport. H. COMMUNITY SERVICES 1. Approve Budget Resolution No. 09-012 to budget funds for fixed routes in the St. Lucie West area for the Florida Department of Transportation Joint Participation Agreement; and approve sub grant agreement with Council on Aging, transportation provider — The Board approved Budget Resolution No. 09-012 to budget funds for the FDOT Joint Participation Agreement for the St. Lucie West fixed routes; approved to accept sub agreement with COASL/Community Transit and authorized the Chair to sign all necessary documents. 2. Acceptance of FY08/09 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged; approval of the new Transportation Development Service Plan (TDSP) and trip rates; approval of Budget Resolution No. 09-015 to budget funds — The Board approved acceptance of Trip/Equipment Grant, approved the Transportation Development Service Plan (TDSP) and new trip rates; approved Budget Resolution No. 09-015 to budget funds; and authorized the Chair to sign the agreement. H. COMMUNITY SERVICES CONTINUED 3. Approve Budget Resolution No. 09-011 to budget funds from the U.S. Department of Justice Violence Against Women for the Safe Havens grant — The Board approved Budget Resolution No. 09-011 to budget funds from the U.S. Department of Justice Violence Against Women for the Safe Haven grant. UTILITIES 1. Change Order No. 3 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $3,750.00 — The Board approved Change Order No. 3 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $3,750.00. 2. Staff requests approval to increase the Utilities Department change fund by $150, from $300 to $450, for additional funds in three customer service cash drawers — The Board approved the additional utility customer service cash drawer funds in the amount of $150. SOLID WASTE Request Board approval to advertise for Proposals for the Exclusive Residential Collection Service Agreement for the County Urban Service Area — The Board approved advertising the Request for Proposals for the Exclusive Residential Collection Service Agreement for the County Urban Service Area. K. MANAGEMENT AND BUDGET 1. Purchasing Division — Board approval of fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the Clerk of Court Department. 2. Purchasing Division - Board approval of fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the St. Lucie County Health Department. 3. Purchasing Division — Board approval of fixed asset inventory -property record removal — The Board authorized staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. L. PUBLIC WORKS 3 1. USDA/NRCS Grant Agreement partnership with NSLRWCD for repairs to Header Canal Road bank stabilization - The Board provided direction to Public Works Staff to prepare an Interlocal agreement between the NSLRWCD and St. Lucie County to perform repairs to Header Canal Road embankment, and to provide matching funds in an amount not to exceed $620,000. 2. Engineering Division - Emergency Verada Ditch repair related to Tropical Storm Fay - The Board approved Amendment No. 1 to Work Authorization No. 6 (C07-07-387) with Miller Legg for the emergency repair of Verada Ditch in the amount of $269,737.03, and authorized the Chair to sign. Work Authorization No. 10 with Dredging and Marine Consultants, LLC. for professional engineering services for the Taylor Creek (Site 7) Shoreline Emergency Repair including Permitting, Engineering, Bidding and Construction Inspection Services - The Board approved and authorized signature of the Chair for Work Authorization No. 10 with Dredging and Marine Consultants, LLC., in the amount of $185,100.00 for professional services for the Shoreline Emergency Repair of Taylor Creek (Site 7). REGULAR AGENDA VII. GROWTH MANAGEMENT A request by Allied New Technologies via the County Attorney's office and the Growth Management Department to amend Section D of Resolution No. 07-135. The purpose of this request is to clarify the language in Section D regarding which permits are subject to agencies other than St. Lucie County - Consider staff recommendation to approve Resolution No. 09-014 as drafted. The Growth Management Director addressed the Board on this item. The company has received the bulk of the permits and is awaiting the permit from the Department of Environmental Protection. The DEP has informed staff they would be providing the permit to the company as soon as the issues are resolved. Staff felt comfortable in supporting their requests and amending the resolution since they met all of the county's criteria. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY County Administrator Employment Agreement- Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. IX. ADMINISTRATION Addition to Agenda- Legislative Issue Requests- Authorize the County Administrator to submit Legislative Issue Requests to the St. Lucie County Legislative Delegation meeting on January 27, 2009 for the following items: County Jails Housing State Prisoners Medicaid Hospital Billings for Inmates State Trust Fund for SHIP and Transportation Disadvantaged Medicaid Nursing Home and Hospital Billings It was moved by Com. Grande, seconded by Com. Coward to authorize the County Administrator to submit Legislative Issue requests to the St. Lucie County Legislative Delegation meeting on January 27, 2009, and; upon roll call, motion carried unanimously. Com. Craft advised the Board he would be attending the TCERDA meeting this afternoon and asked the Board for direction as to whether they are inclined to or not to move 4 forward with the agreement if not, then there would not be a need for TCERDA to withdraw since they are not a governing agency and asked the Board if they were inclined to keep working on the 171. He stated it did not matter to him and felt they just needed to decide as a Board what direction to take so that he could inform TCERDA. Com. Grande recommended dropping the agreement from consideration and pursuing the 171 negotiations with the City. Com. Coward concurred stated he felt the Board should have the discussion this afternoon before taking a position. Com. Craft stated his understanding is there was a Board member requesting the issue be withdrawn and he wanted to be clear as to what the Boards intent was before going to the TCERDA Board meeting. Com. Coward stated it should be noted that the Board was going to have the discussion this afternoon and afterwards they would have clarity as to how they wish to pursue. Com. Dzadovsky stated he believed taking the outline of the comments from the last Board meeting to TCERDA would be an opportunity to get their thoughts and then report back to the BOCC this afternoon. Com. Craft stated he would be happy to go to the TCERDA meeting today and advise them where we are and the discussion we are having and invite them to attend the workshop. Com. Coward commented on a meeting he attended regarding green collar job training with the Ad -Hoc Committee and the enthusiasm he saw regarding this idea. He would like staff to go out with this Ad —Hoc committee and begin to look specifically for space and other related issues. He believed the county could provide space for such training at the Logistic Center. The County Administrator advised the Board this item was scheduled for discussion on the next informal meeting. Com. Coward stated he would like for the Board to provide direction to staff on this issue in the future. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 Date: January 20, 2009 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Fourth Amendment to Lease Agreement with Phoenix Metals, Inc. BACKGROUND: See C.A. No. 09-27 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Fourth Amendment to the Lease Agreement with Phoenix Metals, Inc., and authorize the Chairman to sign the amendment. COMMISSION ACTION: APPROVED [ ] DENIED [ ]OTHER: Approved 4-0 Comm. Craft Absent County Attorney: Daniel S. McIntyre Originating Dept.: _ Diana -Lewis Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Mgt. & Budget: Other: Purchasing: Other: M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-027 DATE: January 13, 2009 SUBJECT: St. Lucie County International Airport - Fourth Amendment to Lease Agreement with Phoenix Metals, Inc. BACKGROUND: Attached to this memorandum is a copy of the proposed Fourth Amendment to the January 13, 1998 Lease Agreement with Phoenix Metals, Inc. The amendment addresses responsibility for the roofs of the two buildings leased by Phoenix in the Airport Industrial Park at the St. Lucie County International Airport. Pursuant to the proposed amendment, the County will assume responsibility for replacement of the roof on the west building. Phoenix will be responsible for any subsequent repairs and/or replacement of both roofs. The January 20, 2009 Consent Agenda will also include an agenda item from the Airport Director requesting approval to enter into a contract with David Greenlaw Construction in the amount of thirty-six thousand two hundred ninety-two and 06/100 dollars ($36,292.06) for replacement of the west building roof. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Fourth Amendment to the Lease Agreement with Phoenix Metals, Inc., and authorize the Chairman to sign the amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director :t FOURTH AMENDMENT TO JANUARY 13, 1998 LEASE AGREEMENT THIS IS A FOURTH AMENDMENT to the January 13, 1998 Lease Agreement by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and PHOENIX METAL PRODUCTS, INC., ("Lessee") WHEREAS, on January 13, 1998, the parties entered into a Lease Agreement, hereinafter referred to as the "Lease", for certain real property and improvements located at 3000 Industrial Avenue 3, fort Pierce, Florida, hereinafter referred to as the "premises or leased premises"; and, WHEREAS, on June 6, 1998, the parties entered into a First Amendment to the Lease which provided for the Lessee to make certain improvements to the leased premises which will increase the value of the leased premises in exchange for rent credits from the Lessor for such improvements; and, WHEREAS, on August 9, 2004, parties entered into a Second Amendment to the Lease which provided for the Lessee to make certain repairs and improvements to the leased premises which will further increase the value of the leased premises in exchange for rent credits from the Lessor for such repairs and improvements; and, WHEREAS, on January 8, 2008, the parties entered into a Third Amendment to the Lease to extend the term through and including October 31, 2012, provide for an increase in the rental rate based upon appraised value, provide for a rent credit based upon replacement of the 1 ., roof by the Lessee, clarify maintenance requirements, and add environmental provisions to the Lease; and, WHEREAS, the parties desire to further amend the Lease to address responsibility for a necessary replacement and future maintenance and/or repairs to the roof of the west building. NOW, THEREFORE, in consideration of the mutual promises and covenants contained, the parties agree to amend the Lease as follows: Paragraph 8, REPAIRS AND MAINTENANCE, is hereby amended to read as follows: 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, including structural 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 all times well painted. Any repairs and/or improvements by the Lessee shall be in accordance with the requirements of the Florida Building Code and the St. Lucie County Land Development Code. Lessee at its expense agrees to deliver to Lessor upon the termination 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 shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever to the premises. 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 visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all 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 2 material respect to so maintain, clean, repair, replace, rebuild the premises within a period of one hundred twenty (120) days after notice from Lessor to do so, or fails in any material 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 available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. Upon request of the Lessee, the repair period shall be extended for one year in the event necessary contractors and/or materials are unavailable following a hurricane or similar event. The parties agree that the Lessor shall be responsible for replacement of the roof of the west building on or before May 31, 2009. The Lessee shall be responsible for any subsequent repairs and/or replacement of the roofs of the west and east buildings during the remainder of the lease term as may be extended. 2. Except as amended herein, the remaining terms and conditions of the Lease, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Fourth Amendment on the dates indicated below their respective signatures. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA i CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY G:\atty\agreement\lease\4a.phoenix.1.9.09. doc PHOENIX METAL PRODUCTS, INC. DATE: PRESIDENT (SEAL) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66 BACKGROUND: See attached memorandum. ITEM NO. VI-C i DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING [ ) CONSENT [x] BY: V. Powley, f.E. Engineer FUNDS AVAILABLE: Funds are available: 102001-0000-205100-430106 — Drainage Maintenance Local Option Culvert Retainage, $30,381.70 and 316001-0000-205100-430106 — 51h Cent Fuel — Capital, Local Option — Culvert Retainage, $254.36. PREVIOUS ACTION: February 12, 2008 - Board approved Work Authorization No. 3 to Contract C07-07-386 for Professional Engineering Services related to Stormwater Management with Creech Engineers, Inc., for an emergency culvert replacement design for Sneed Road at NSLRWCD Canal 66 in the amount of $58,176. April 8, 2008 - Board approved the use of emergency bid procedures and award of Project No. 08-05, Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66 to Johnson -Davis, Inc. in the amount of $282,790.00. August 6, 2008 - County Administrator approved Change Order 1 for a time extension to September 30, 2008. October 14, 2008 - Board approved Change Order 2 in the amount of $23,570.59 to (C08-04-150) for modification to the construction of the Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66 for a total contract price of $306,360.59. RECOMMENDATION: Staff recommends the Board accept Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66, provide final payment, release retainage in the amount of $30,636.06 to Johnson -Davis, Inc. (C08-04-150), and authorization for the Chair to sign. COMMISSION ACTION: j� APPROVED [ ] DENIED [ ] OTHER Approved 4-0 Comm. Craft Absent [x]County Attorney i Daniel McIntyre [x]Originating Dept. Public Works Donald West Finance (Check for copy only, if Tplcable.) CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinatigNSienatures [x]Mgt.Budgeti8Pnrchasing r' F`i Jx]RoadBridge (- VP �L ihh / "S4�tivs Don Pauley txjuo. many 'V M [ ]Other Michael Powley Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 20, 2009 .1 SUBJECT: Sneed Road Emergency Culvert Replacement at NSLRWCD Canal 66 The culvert at Sneed Road and North St. Lucie River Water Control District's Canal 66 failed unexpectedly. This failure is not tied to any tropical event. The construction plans were quickly assembled and emergency bidding procedures were utilized to begin construction. The project has been inspected by Engineering staff and has been completed per plans and specifications. Attachments: Final Pay Request —1 page Release of Lien —1 page Page 2 of 2 ..._.-•...-,..—_v_nrvurmNLPAYMENT AL PROJECT NAME: Sneed Road at Canal OVEmeraSncy Culvert Replacement ENGINEER'S PROJECT NO. Pro ect ii 06-05 OWNER: 20AR0 OF COUNTY COMMISSIONERS ST, LUCIE CO 1NTY. F ORIDA CONTRACTOR: JOHNSON-DAVIS INC CONTRACT DATE: APPLICATION AMOUNT: IS 30,636.06 APPLICATION BATE: 9.01:11.D6 FOR PERIOD ENDING: 8.00t-08 INITIAL CONTRACT AMOUNT BASED ON EST. QUANTITIES uZ 790 TABULATIO F AS APPLIED FOR AS APPROVED BY CONT armQ BY ENLiFNEER TOTAL CONTRACT AMOUNT COMPLETED TO DATE (see Attached "Estimate of Complete Work") t 282,790.00 i .t CHANGE ORDER NO. 1_ 0. 523,570.59 0 100.00% COMPLETE (+) i 23.670.59 S a3. 5 rV. SCi CHANGE,ORDER NO. _ 0 100.00% COMPLETE(*) i 0.00 i CHANGE ORDER NO. _ ® ® 100.00% COMPLETE (+) 0.00 CHANGE ORDER NO. _-- 6 10000% COMPLETE t+) i 0.00 _ Previous Rayments, TOTAL WORK TO DATE (+) �� 306,360.69 NO.01 $7,290.00 LESS PREVIOUS PAYMENTS ( NO.02 S1-) •276 72q. t33 a1i�123.a0 SUB -TOTAL i27,150.00D 30,836. 8 i N0.04 27,1BO NO. 03 $111111,801.LESS FAILED LAB. TESTS NO. 05 $23,283.53 pending! 1o•oe•09 Total i275.724.53 AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ 30 16 _ or. CQNTRACTOR'S AFFIDAVIT �+• The undersigned Contractor hereby swam under penally of perjury that all d illatlone Incurred by the Contractor under this Contract to data hew been dtsohargad In full; that no suits are pending In connsogpn VO the work under the Contract; (het the Contractor agre to th total final price of $M,360.58,00 and final payment of 30 636.08 a9 full settlement of his account under the Contract and of all ctsims In connection therewith. CONTRACTOR: JO D ji DATE: 10l9/Y00a BY: S Johnson TITLE: President COUNTY OF: BEACH STATE OF: FLORIDA Before me this 09th day of October 2008, pereonslly appeared Scott Johnson, known to me, who being duly swam, did depose and say that 112 / she is the President (0111es) of 8re Contractor above mentioned; that he prepared attached applkatlDn for pay►rlsnt and a *wW above etfdevit on behalf of said Contractor; And that all of the statements contained lftsraln WMY /1 commission OXON:01=22.2010 /�7 �. Nrf.7 w� NWaryPobllc TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor no been WftWd by the Engineer. The Engineer hereby approves final payment under this application In are amount of $ Ins lhipldsted damages assessed by the Board, DATE: APPROVED BY: 8T. LUCIE COUNTY ENGINEERING DEPT. Y, PE County Engineer En Donald eat Public Works blreotor CHECKED BY: PREPARED BY: am County engineering Dept. Contract Time Began: Substantial Completion on: Actual Construction Time: Oaya Contract Construction Time: Cai.Days Rainy Drys Allowance: Cal.Days Other Overrun Allowances: Cat pays Net Overrun: CalDays, J oe: Finance Officer i Page 1 of 1 DIVISION DF ENGINEERING MEMORANDUM oe-:5v TO: Dan McIntyre, County Attorney FROM: Mike Powley, County Engineer DATE: December 4, 2008 SUBJECT: Sneed Rd. @ C66 Culvert Replacement - Releases of Lien Attached are the releases of lien on the above referenced project. Please approve for correctness. If we can be of any assistance, please call John Frank, Senior Project Engineer, at extension 2097. Bam Attachments (6) cc: Don West, Public Works Director John Frank, Senior Project Engineer Page 1 of 1 AGENDA REQUEST ITEM NO.V I'� DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENT D BY: SUBMITTED BY (DEPT.): EN GINEERING DIVISION 4115 U� Michael .Powley, P. County Engineer SUBJECT: Waterstone — Release of Maintenance Bond for Concrete Sidewalk BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: On August 14, 2007 the Board conditionally accepted the concrete sidewalk along Emerson Avenue and accepted the maintenance bond. RECOMMENDATION: Staff recommends Board approve the release of surety and authorize the Chairman to sign. COMMISSION ACTION: APPROVED [ ] DENIED ] OTHER Approved 4-0 Comm. Craft Absent [x] County Attorney [x]Orig. Dept. Public Works WATERSONG South releas t sure .ag CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures [ ] Mgt. & Budget jx] County Engineer I{U Michael Powley DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 20, 2009 SUBJECT: Waterstone Subdivision PUD— Release of Surety Waterstone is located on the east side of Emerson Avenue approximately 1000 feet north of Indrio Road. The project received final PUD approval for 544 single family lots and 176 multi family units. The final plats for Phases I and II have been recorded and comprise a total of 233 single family units. A condition of approval within Resolution No. 03-240 required the developer to construct a concrete sidewalk along the east side of Emerson Avenue for the entire frontage of the subject property. On August 14, 2007 the Board approved the Maintenance Agreement and conditionally accepted the constructed sidewalk. As required by the Land Development Code, the developer posted the surety which was equal to 15% of the cost of construction. The agreement specified the period of maintenance shall be for one year and thirty days. The developer (Port Richey Village Investment, LLC) has requested a release of surety in the amount of $18,000.00. This figure represents 100% of the present maintenance bond amount. Field verification of the improvements was completed during November 2008 by the Engineering Division. Staff recommends the Board approve the release of surety and authorize the Chairman to sign. 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO.VI- C3 DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING ( ] CONSENT [x] PRESENTED BY: c� 'Mi"Chait V. Powley, County Engineer SUBJECT: Road Improvement Agreement with Rhodes Holdings, Inc., developers of St. Andrews Park Walgreens Crossing. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends Board approve the Road Improvement Agreement with Rhodes Holdings, Inc. and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER Approved 4-0 Faye Outlaw Comm. Craft Absent County Administrator Coordination/Signatures [x] County Attorney t" [ ] Mgt. & Budget Daniel McIntyre [x]Orig. Deft. Public Works. �A Donald West jx] County Engineer /VI � [ ]Env. Resources Michael Powley road improvement agreement Okeechobee Crossing.ag LCa,e.v� �'v.�✓tc'c,,.r E DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners �(,g FROM: Mike Powley, County Engineer �' `"�r DATE: January 20, 2009 SUBJECT: Road Improvement Agreement — Rhodes Holdings, Inc. Rhodes Holdings, Inc., developer of St. Andrews Park Walgreens, is required to construct off -site improvements at St. James Drive. This project is within the City of Port St. Lucie and is located at the northwest corner of St. James Drive and St. James Boulevard. As a condition of final approval, the developer is required to construct off site improvements. These improvements are turn lanes and roadside drainage. As part of the right of way permitting process, the developer is required to enter into a Road Improvement Agreement and provide the required surety in the amount of $111,521.83. Attached are copies of the following documents: Road Improvement Agreement Engineers Cost Estimate The documents have been reviewed and approved by staff. cc: Finance P" ROAD IMPROVEMENT AGREEMENT THIS ROAD IMPROVEMENT AGREEMENT, is entered into this day of 200 , by and between Rhodes Holdings, Inc. "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County known as St. Andrews Park Walgreens ("Development"), and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County, and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. NOTIFICATION TO COUNTY. This Agreement is subject to the Developer obtaining a right-of-way permit from the County prior to construction. 2. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/OWNERSHIP The Developer agrees to provide the County Attorney a construction schedule, in calendar days, which guarantees the completion of the Improvements for the above referenced development on aforestated County rights -of -way, as submitted by the Developer's engineer and approved by the County Engineer. - As submitted, the Developer shall guarantee completion of the Improvements within 180 calendar days from the date of commencement of the Improvements by the Developer. Furthermore, the Developer agrees to commence the required improvements within thirty (30) days after the approval of this Agreement by the Board of County Commissioners according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, Knight, McGuire and Associates, dated 09/03/08. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. unnu *a A. Paymmt and Performance Bond The Developer shall furnish to the County a public construction bond in a form acceptable to the County Attorney and covering the faithful performance of this Contract and the payment of all obligations arising • -1- 9Aatty\19roupfo\Road Improvement Agreement hereunder in the amount of one hundred eleven thousand f ive hundred twenty one dollars eighty tree cents ($111,521.83), representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. The liability of the Developer and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Developer shall record the public construction in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. The public construction bond required hereunder shall meet the following minimum standards: 1. The surety issuing the bond must be licensed to do business in the State of Florida, hold a certificate of authorization to write sureties in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. 2. The attorney -in -fact must provide a certified copy of his or her power of attorney to sign the bond. 3. The name, address and telephone number of the surety and its agent must be listed on the bond. 4. For contracts up to $499,999.99 the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the bid is issued for the Work, otherwise the surety shall have the following minimum ratings: Contract Amount Best Ka Rating $500,000 to $2,499,999.99 Class XII A or better Over $2,500,000 Class XIV or better 5. The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. B. Maintenance Bond This Developer shall also provide a second bond in the amount of sixteen thousand seven hundred thirty dollars ($16,730.00), representing fifteen percent (15%) of the estimated costs of the Improvements as determined in paragraph 3A. This bond shall be retained for a period of one (1) year and thirty (30) days from the date the Improvements are -2- 9Aatty\lgroupfo\Road Improvement Agreement conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 4. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval 5. EXTENSIONS OF TIME. The County may grant an extension of the time to perform the work, when a controlling item of Improvements is delayed by any factors contemplated or not contemplated at the time of commencement of the Improvements. 6. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within 180 calendar days of commencement by. the Developer or twelve (12) months from the date of this Agreement or upon expiration of the development permit authorization, whichever comes first, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 8. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's -3- 9Aatty\lgroupfo\Road Improvement Agreement engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's Payment and Performance Bond .shall then be released. The Maintenance Bond shall be retained for an additional one (1) year and thirty (30) days. 9. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written 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. All 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. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS DEPUTY CLERIC WITNESSES: Ui� -4- qAatty\lgroupfo\Road Improvement Agreement ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY qej BY: Print Name: Robert E. Bounds Title: Vice President KNOGHT9 McGU E and ASSOC TES; W. 80 Royal Palm Pointe Suite 401 Vero Beach, FL 32960: PH: 772-569-5505 FX: 772-569-1455 Engineers Estimate of Probably Construction Cost Turn Lane and Driveway Connection St. James Drive C St. Andres Walgreens / Center 9/11 /2008 David S. Knight, P.E. Flo. Reg. No. # 41080 I, David S. Knight, a Florida Registered Engineer, License No. 41060, do hereby certify to St. Lucie County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total 115% cost estimated for said improvements is $111,521.83. This estimate has been prepared, in part, to induce approval by the County of a right of way approval for St. James Drive at St. Andrews, and for the purpose of establishing proper surety amounts associated therewith. SEP I David S. Knight, .E. 'L Reg. No. 41060 Item Description Quantity Unit Type Unit Price Amount 5 Maintenance of Traffic 1 LS $ 6,500.00 $ 61500.00 10 Sawcut Existing Pavement Ede 545 LF $ 3.00 $ 1635.00 15 Remove Existing Shoulder 242 SY $ 10.00 $ 2 420.00 20 Grade for Turn Lane 1 LS $ 13 500.00 $ 13 500.00 25 Milling 125 SY $ 5.00 $ 625.00 30 12" Stabilized Subgrade 700 SY $ 9.00 $ 61300.00 35 8" Coquina Base Primed 700 SY $ 16.00 $ 11 200.00 40 1-1/4" 9.5 Superpave Asphalt 700 SY $ 12.50 $ 8,750.00 45 1" Type S-III 700 SY $ 10.00 $ 7,000.00 50 5' Stabilized Shoulder 302 SY $ 9.00 $ 21718.00 55 Header Curb 65 LF $ 25.00 $ 1,625.00 60 Concrete Sidewalk 30 SY $ 45.00 $ 1,350.00 65 Handicap Ramp 2 EA $ 1 100.00 $ 2200. 00 70 Striping 1 LS $ 600.00 $ 500.00 75 14"X23" ERCP 75 LF $ 55.00 $ 4125.00 80 14"X23" MES 2 EA $ 650.00 $ 1,300.00 85 Sod 750 SY $ 2.25 $ 1687.50 90 Erosion Control Measures 1 LS $ 1,000.00 $ 1,000.00 95 Clearing & Grubbing 680 SY $ 3.00 $ 2040.00 100 Demolition and Removal 1 LS $ 500.00 $ 500.00 105 36" RCP 75 LF $ 100.00 $ 7,500.00 115 Mobilization 1 LS $ 5,000.00 $ 5.000.00 120 Surveying 1 LS $ 2 500.00 $ 2500.00 125 Record Drawings 1 LS $ 1 500.00 $ 1,500.00 13E]Engineedng 1 LS $ 2,500.00 $ 2,500.00 13 1 Geotechnical Testing 1 LS $ 1 000.00 $ 1 000.00 Subtotal $ 98 975.50 nuwwnsn 1576 Bonding $ 14 546.33 Total 1 $ 111521.83 Page 1 of 1 \04-0441est cost st james dr 080708_rev091008 Letter of Credit Dlvisicn TELEX NO: 3772134 FAX NO: 313 222 9324 SWIFT: MNBDUS33 PHONE: 313-2224956 BENEFICIARY: ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 GENTLEMEN: COMERICA BANK 411 WEST LAFAYETTE, MC 3341 DETROIT, MI 48226 ATTENTION: INTERNATIONAL TRADE SERVICES, TEAM 04 DATE OF ISSUE: DECEMBER 5, 2008 APPLICANT: ST. ANDREWS PARK II, LLC 500 AUSTRALIAN AVE. SOUTH, STE 120 WEST PALM BEACH, FL 33401 WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 639258-04 IN YOUR FAVOR, FOR ACCOUNT OF ST. ANDREWS PARK II, LLC, 500 AUSTRALIAN AVE. SOUTH, SUITE 120, WEST .PALM BEACH, FL 33401, FOR A SUM IN THE AMOUNT OF ONE HUNDRED ONE HUNDRED THOUSAND FIVE HUNDRED TWENTY. ONE AND 83/100 U.S. DOLLARS ($111,521.83) AVAILABLE BY YOUR DRAFT(S) DRAWN AT SIGHT ON COMERICA BANK, WHEN ACCOMPANIED BY: 1. ORIGINAL SIGNED AND DATED BENEFICIARY'S STATEMENT, PURPORTEDLY SIGNED BY ST. LUCIE COUNTY AS FOLLOWS: "THE UNDERSIGNED HEREBY RTIFIE T RHJ,ES HOL INC. I IN DE L WITHIVIELYMPLE F THRN L D DRi SWAY CTION OVEM TSR A P JE KNAS G ENS A ST. AN , AND-AmmmmDERSI NE FUR CERT THAT E ITE S O SUCH FA LT ARE AS STATED IN DOCUMENT NO.2 ATTACHED HERETO AND FUNDS DRAWN HEREUNDER WILL BE USED SOLELY FOR THE COMPLETION OF SUCH UNCOMPLETED ITEMS." 2. LIST OF DEFAULT ITEMS. WE ARE INFORMED THAT THIS LETTER OF CREDIT SHALL TERMINATE UPON SATISFACTORY COMPLETION OF THE AFOREMENTIONED IMPROVEMENTS, WHEREUPON THIS LETTER of CREDIT WILL BE RETURNED TO US WITH A BENEFICIARY'S LETTER THAT THIS LETTER OF CREDIT IS CONSIDERED CANCELED, OR AT THE EXPIRATION DATE OF THIS LETTER OF CREDIT, WHICHEVER SHALL FIRST OCCUR. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF SIX MONTHS FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS ' PRIOR TO THE EXPIRATION DATE WE SHALL SEND TO YOU BY OVERNIGHT COURIER OUR WRITTEN NOTICE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL PERIOD. SAID NOTIFICATION WILL BE SENT TO THE ADDRESS INDICATED ABOVE, UNLESS A CHANGE OF ADDRESS IS OTHERWISE NOTIFIED BY YOU TO US IN WRITING BY RECEIPTED MAIL OR COURIER QUOTING OUR LETTER OF CREDIT NO. AND WILL BE DEEMED EFFECTIVE WHEN RECEIVED BY US. (CONTINUED ON PAGE 2) Page 1 of 2 ior Letter of Credit DivIS w TELEX NO: 3772134 FAX NO: 313 222 9324 SWIFT: MNBDUS33 PHONE: 313-2224956 PAGE 2 LETTER OF CREDIT NO. 639258-04 COMERICA BANK 411 WEST LAFAYETTE, MC 3341 DETROIT, MI 48226 ATTENTION: INTERNATIONAL TRADE SERVICES, TEAM 04 WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED ON DELIVERY OF DOCUMENTS AS SPECIFIED IF PRESENTED AT THIS OFFICE ON OR BEFORE JUNE 5, 2009 OR ANY AUTOMATICALLY EXTENDED DATE. THIS LETTER OF CREDIT IS SUBJECT TO AND GOVERNED BY THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS OF THE INTERNATIONAL CHAMBER OF COMMERCE, 2007 REVISION, PUBLICATION 600 AND ARTICLE 5 OF THE FLORIDA UNIFORM COMMERCIAL CODE. YOURS VERY TRULY Alffff ZED S TURE Page 2 of 2 r UNTYB RE D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ENGINEERING DIVISION 4115 SUBJECT: Sunland Gardens Phase II MSBU Request Permission to Advertise the Second Public Hearing BACKGROUND: See attached memorandum. ITEM NO. VI-C4 DATE: January 20, 2009 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] v v Michael V. Powley, P.E. County Engineer FUNDS ARE AVAILABLE IN: Fund No. 101001-4115-549000-3815 Sunland Gardens Phase II MSBU- Advertising PREVIOUS ACTION: December 14, 2004 — The Board accepted the petition and granted permission to advertise the Initial Public Hearing. February 1, 2005 — The Board created the MSBU and authorized the County Engineer to proceed with the project. March 15, 2005 — The Board approved the Interlocal Agreements with the Tax Collector and the Property Appraiser. May 10, 2005 — The Board approved Work Authorization No. 1 to the Agreement for Continuing Engineering services with Camp, Dresser, and McKee to provide assessment services in the amount of $73, 880. May 10, 2005 — The Board approved Work Authorization No. 1 to the Agreement for Continuing Engineering Services with LBFH to provide surveying services in the amount of $117,995. November 8, 2005 — The Board approved the Interlocal Agreement with Ft. Pierce Utilities Authority and the City of Ft. Pierce. RECOMMENDATION: Staff recommends that the Board grant permission to advertise the Sunland Gardens Phase II MSBU Second Public Hearing to be held on February 17, 2009. Page 1 of 3 COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Craft Absent [X]CountyAttorney: N' Daniel McIntyre [X]Public Works Dir: Donald West Coordination/Signatures [X)nOMB/Purchasing: ��-o [ ]Utilities:__ Page 2 of 3 CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X]County Engineer: Michael Powley Finance: (Check for Copy) X COMMISSION REVIEW: January 20, 2009 TO: FROM: DATE: ENGINEERING MEMORANDUM NO. 09- 06 Board of County Commissioners Michael V. Powley, P.E., County Engineer January 20, 2009 SUBJECT: Sunland Gardens Phase II Municipal Service Benefit Unit ("MSBU") Request Permission to Advertise the Second Public Hearing BACKGROUND In 2004, residents in the Sunland Garden area submitted ballots to St. Lucie County to create a special assessment district for the purpose of providing potable water and fire protection improvements to their neighborhood. On July 22, 2004, an informal meeting was held with property owners to explain the MSBU process, preliminary design, annexation issues, and to provide residence with a rough estimate of the project cost. On February 1, 2005, the St. Lucie County Board of County Commissioners ("the Board") created the Sunland Gardens Phase II MSBU and authorized the design, and permitting of the project. The project design and permitting are complete and a construction cost has been obtained. On December 23, 2008, property owners were notified by mail of their tentative assessment amount and that the Second Informal Meeting would be held on January 8, 2009, to discuss the project. Staff from St. Lucie County, Ft. Pierce Utilities Authority, and Camp Dresser and McKee were on hand to discuss the construction design, method of assessment and tentative project cost. The Second Public Hearing will be held for the Board to consider the levy of a non -ad valorem special assessment and proceed with construction of the project. cc: Staff Concurring Page 3 of 3 AGENDA REQUEST ITEM NO. VI- C S DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING. [ ] CONSENT [XI TO: 'BOARD OF COUNTY COMMISSIONERS PRE NTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 MQhePowley, E. County Engineer SUBJECT: Request permission to advertise for Qualifications (RFQs) for five Continuing Contracts administered by the Engineering Division. BACKGROUND: See attached memorandum. FUNDS AVAIL. n/a PREVIOUS ACTION: n/a RECOMMENDATION: Staff requests permission to advertise for RFQs from qualified firms to perform Bridge Evaluation and Design, Construction Management, Geotechnical Engineering and Construction Materials Testing, Roadway and Intersection Design, and Stormwater Management under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. COMMISSION ACTION: [ ] APPROVED [ ] DENIED �J OTHER: Pulled prior to meeting. 9 [x]County Attorney k Daniel McIntyre [x]Originating Dept. Public Works Donald West Finance (Check for copy only, if applicable.) Rfp adv,ag CONCURRENCE: Faye W.Outlaw, MPA County Administrator Coordination/Signatures ,,(.et & Purchasing k [ ]Road/Bridge_ [x]Co. Eng /Vi [ ]Other Michael Powley Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer f y p DATE: January 20, 2009 SUBJECT: Request to advertise for Qualifications (RFQs) for Continuing Contracts BACKGROUND The Engineering Division administers five continuing engineering services contracts. These contracts are for: Bridge Evaluation and Design, Construction Management, Geotechnical Engineering and Construction Materials Testing, Roadway and Intersection Design, and Stormwater Management. These contracts were last awarded to firms in 2007. Since that time, our evaluation criteria has been modified. As a result, on many contracts we only have a limited number of local firms. It is our intention to readvertise these contracts to allow local vendors another opportunity to work for St. Lucie County. Page 2 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Change Order No. 1 in the amount of $7,647 for Paradise Park Phase 2. BACKGROUND: See attached memorandum. ITEM NO. V1 1�6 DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: Engi film FUNDS AVAIL.: Funds are available in 102809-3725-563000-42511, Paradise Park Phase 2 SFWMD — Stormwater Management. PREVIOUS ACTION: On December 9, 2008, - Board awarded Ranger Construction the construction contract for installation of the pond outfall connection to the C-25 Canal in the amount of $37,059. RECOMMENDATION: Staff recommends that the Board award Change Order No. 1 to the contract with Ranger Construction in the amount of $7,647 for a total cost of $44,706 in order to construct the anchoring foundation for headwall structure S- 38 at the SFWMD C-25 Canal within the Paradise Park Subdivision Stormwater Improvements Phase 2 Project, and authorize the Chairman to sign. COMMISSION ACTION: K APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Craft Absent [x] County Attorney [x] Mgt. & Budget Dan McIntyre I /„✓ "rJOhn [x] Originating Dept. Public Works [x] bounty Engineer Donald West, P.E. Michael Powley, P.E. CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Road & Bridge Donald Pauley Other- /YF Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, P.E. - County Engineer Mq? DATE: January 20, 2009 SUBJECT: Change Order No. 1 for Paradise Park Phase 2 The Paradise Park Subdivision Stormwater Improvements Phase 2 project is now under construction. The stormwater improvements include construction of roadside swales, culvert pipe installation, stormwater detention pond construction, and roadway asphalt concrete paving. This is a "50-50 match -fund" grant project through the South Florida Water Management District. Most of the construction for the stormwater improvements is being performed by our Road & Bridge Division - Public Works Department Construction Crew. SFW MD has set the outfall point at a much lower elevation than the original design and has changed the location for this discharge pipe connection. The outfall connection involves two structures that require significant construction skills including, working in confined spaces, shoring/stabilization efforts, and working in a large water body. The St. Lucie County Road & Bridge crew does not have experience with these construction efforts. Therefore, the Board awarded a contract for this work to Ranger Construction, a local contractor, with experience of this type. After review of the permit requirements by South Florida Water Management District, the Engineering Staff has concerns about the stability of the outfall headwall. A modification to the headwall foundation is necessary. The change order will cover construction costs for an anchoring foundation to be installed for the S-38 headwall structure. Attachments: Ranger Construction Change Order Request No. 1 —1 page Paradise Park Proposed Detention Pond Location C-25 Canal Aerial View S-50 Spillway Picture Page 2 of 2 Ranger Construction Industries, Inc. 1 /7/2008 Mr. Kyle J. Croce St. Lucie County — Engineering Division 2300 Virginia Ave. Fort Pierce, Florida 34982-5652 Re: Paradise Park Phase II Revised Change Order Request # 1 Dear Mr. Croce, •.� 11 PAR., In response to our meeting on 1/6/2008 regarding the above referenced project, we respectfully submit the following pricing for your review. 1) Installation Headwall Foundation per SLC detail provided at meeting()-D to precast) 1 Lump Sum $ 7,647.00 Note: Please allow time for precast. If you have any questions or need any further assistance, please feel free to contact. Sincerely, Dave A. Schutta Chief Estimator, Central Division Page 1 of 1 4510 Glades Cut -Off Road, FT. Pierce, Florida 34981 • Phone: (772) 464-6460 • Fax: (772) 466-9559 Mailing Address: P.O. Box 14589, FT. Pierce, Florida 34979-4589 • www.rangerconstruction.com Y v • a'>NL Va 1 .. d •�wt� 1447�w� � wL�,�u4.,�eL ,cL cL'., saa � �� l T. i I " n n a w 21. 22 �?d' -�Sl w n d �� C d ob . e e C 11 It 0 e T a Tw,, e 4 • i, c C 4 L C L i S C c 4 e 0 e e o 2e -- RIM, Vk e v e _ ■Ilse: r 77- - - Q u 9, 2 V-', NO* 0 � "u. 3k 7 40, PId'S'C—AIO-DN�3-ClMdOIS 'Wd OE:6Z:i RWZ/9/L L'W•a3SOdOUd-WNOd-89IPRmd-MO\gIMBJa4O m ITEM NO. VI-D C 6"u"NTY F L Q R I D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT DATE: January 20, 2009 REGULAR( ) PUBLIC HEARING( ) CONSENT(X) PRESENTED BY: DIANA LEWIS, DIRECTOR- -,� SUBJECT: Request permission to enter into contract with David Greenlaw Construction in the amount of $36,292.06, for a metal roof replacement at Phoenix Metal Products located at the St. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds are available in 140-4210-546100-400, Buildings Maintenance. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends the Board approve the contract for the metal roof replacement at Phoenix Metal Products, Inc. to David Greenlaw Construction in the amount of $36,292.06, and request the Chairman or designee to sign the contract as prepared by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED () OTHER Approved 4-0 Comm. Craft Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures: County Attorney () j'` Mgt. & Budget () Purchasing ( ) Heat er Young Marie bouin tty Marston �sA9e�tss SIt-rp Originating Dept. (cli u Other () Other( ) Diana Lewis Finance: (check for copy, only if applicable) BOARD OF COUNTY COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Direct Date: December 9, 2008 AIRPORT Diana Lewis, Director Re: Request permission to enter into contract with David Greenlaw Construction in the amount of $36,292.06, for a metal roof replacement at Phoenix Metal Products located at the St. Lucie County International Airport. This project involves replacement of an existing 150' x 80' metal roof attached to a building leased at the Airport by Phoenix Metal Products, Inc. In November 2007, the third amendment to the lease agreement between St. Lucie County and Phoenix Metal Products, Inc. was executed. One of the negotiated lease agreement provisions was that the Airport would be responsible for the repair of a metal roof located on top of Phoenix's west maintenance/storage building, which had sustained damage during the 2003/2004 hurricane season. Phoenix Metals was to pay for the repairs and would receive a rent credit of up to a maximum of $40,638.40, as long as the work was completed by May 28, 2008. Phoenix did not do the repairs during the time allowed because the cost of steel went up significantly during this period, exceeding the allowable rental credit. Phoenix Metals is now requesting again that the roof be repaired. Since it was the intent of the Third Amendment to their lease that this roof would be repaired and would subsequently become the responsibility of Phoenix Metals to maintain, Airport staff will use operating funds to repair the roof in lieu of rental credits to be afforded to Phoenix Metals. Three quotes were obtained from the following companies: David Greenlaw Construction - $36,292.06 J.A. Taylor Roofing - $39,865.00 Richard K. Davis Construction - $40,903.00 Funds for this project are encompassed under the Building Maintenance line item, which was approved in the FY2009 Operating Budget. Staff recommends the Board approve the contract for the metal roof replacement at Phoenix Metal Products, Inc. to David Greenlaw Construction in the amount of $36,292.06, and request the Chairman or designee to sign the contract as prepared by the County Attorney. Agenda Request Item Number VI-E ) Date: r1;2010,1 Consent [ X ] Regular [ ] Public [ ] Presentation Leg. [ ] Quasi -JD [ J To: Board of County Commissioners Presented By Submitted By: Growth Management Director SUBJECT: Permission to advertise and issue a Request for Qualifications (RFQ) for consultant work to assist in the preparation of the Evaluation and Appraisal Report (EAR) based comprehensive plan amendments. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-1510-531000-100; Planning — Professional Services PREVIOUS ACTION: On October 28, 2008 the Board of County Commissioners adopted and transmitted to DCA the Evaluation and Appraisal Report (EAR). This RFQ represents a continuation in the effort to adopt the EAR - based amendments into the Comprehensive Plan. RECOMMENDATION: Staff requests Board approval to advertise and issue a Request for Qualifications (RFQ) in the assistance of adopting the EAR -based amendments of the Comprehensive Plan. COMMISSION ACTION: ELIAPPROVED = DENIED [� OTHER Approved 4-0 — Comm. Craft Absent — County Attorney Print Name: Asst. Co. Administrator Print Name: CONCURRENCE: �!t FAYE W. OUTLAW, MPA County Administrator Coordination/ Signatures t . Mgt. & Budget Print Name: r, Purchasing: T c 1�n5e; Print Name: GROWTH MANAGEMENT DEPARTMENT (Long Range Planning) MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director v FROM: Britton Wilson, Senior Planner, and Peter Jones, AIA, Planning Manager DATE: January 7, 2009 SUBJECT: Permission to advertise and issue a Request for Qualifications (RFQ) for consultant work to assist in the preparation of the Evaluation and Appraisal Report based Comprehensive Plan amendments. Backaround: St. Lucie County_ completed and transmitted to the Department of Community Affairs (DCA) its 2008 Evaluation and Appraisal Report (EAR) of the Comprehensive Plan. The letter of sufficiency shall be issued by DCA no later then February 13, 2009, at which time the process for adoption of the EAR -based amendments will be given eighteen (18) months for completion. Therefore, the Growth Management Department is seeking the services of a professional planning consultant to assist in the preparation of the EAR -based amendments for adoption into the Comprehensive Plan. The selected consultant will be working extensively with County staff, department directors, commissioners, administration, outside agencies, interested parties and the general public regarding both the development of the proposed amendments and the public in- put process. Recommendation: Staff recommends Board approval to advertise and issue a Request for Qualifications (RFQ) for consultant services to assist in the preparation of the Evaluation and Appraisal Report based Comprehensive Plan amendments. To Submitted By: SUBJECT: Agenda Request Board of County Commissioners Growth Management Department Item Number ❑ C Z Meeting Date: 01/2012009 Consent [ X ] Regular [ ] Public Hearing [ ] Leg. [ ] Quasi -JD [ ] Prese ted B Ma Satterlee, AICP Growth Management Director Request permission to advertise the developer agreement of Lennar Homes, LLC for the Silver Oaks Planned Unit Development. BACKGROUND: Lennar Homes, LLC has requested, through Growth management and the County Attorney's office, to enter into a developers agreement. State law and County ordinance require 2 public hearings for the developer agreement. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On February 19, 2008, this Board, through Resolution 08-012, granted a second and final one year extension to the Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks - PUD. On February 6, 2007, this Board, through Resolution 07-018, granted a one year extension to the Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks - PUD. On March 1, 2005, this Board, through Resolution 05-021, granted Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks - PUD. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise two Public Hearings. The first to be held on February 10, 2009 at 9 AM or as soon thereafter as possible, and the second on February 17, 2009 at 6 PM or as soon thereafter as possible. COMMISSION ACTION: YAPPROVED 7 DENIED ❑ OTHER Approved 4-0 Comm. Craft Absent County Attorney Daniel S. McIntyre County Enqineer: Michael Powley Coordination/ Signatures E.R.D.: Jennifer Evans Other: CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Surveyor: Other: Ron Harris Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Growth Management Director DATE: January 14, 2009 SUBJECT: Silver Oaks PUD — Proposed Development Agreement — Permission to Advertise BACKGROUND: The County has received a request from Lennar Homes, LLC (Lennar) to enter into a developer agreement. A copy of the proposed developer agreement is attached. Pursuant to state law and County ordinance, consideration of a developer agreement requires 2 public hearings. If the Board grants permission to advertise, the public hearings would be held on February 10 and February 17. As proposed by the Developer, the agreement would provide for: - a 5 year term - dedication of the right-of-way for the Lennard Road extension (nothing in the agreement would obligate the Board to fund or build the extension) - payment by the Developer of 50% of the single family assessments (approximately $36,645) for the Lennard Road MSBU - extension of the site plan and certificate of capacity for 5 years RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise the developer agreement for public hearings on February 10 and February 17, 2009. Respectfully submitted, Mark Satferlee Growth Management Director MS/caf Attachment This Instrument Prepared By: Gary K. Hunter, Jr. Douglas M. Smith HOPPING GREEN & SAMS, P.A. 123 S. Calhoun Street Tallahassee, FL 32301 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2009, by and between the St. Lucie County Board of County Commissioners (the "County") and Lennar Homes, LLC ( the "Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and, insuring that this Agreement is in compliance with applicable provisions of Sections 163.3220 through 163.3243, Florida Statutes (2008), the St. Lucie County Comprehensive Plan, and the St. Lucie County Land Development Code. RECITALS WHEREAS, the intent of the Florida Local Government Development Agreement Act (the "Act") is explicitly stated in Section 163.3220, Florida Statutes (2008), which provides in pertinent part as follows: (2) The Legislature finds and declares that: (a) The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital investment planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. (b) Assurance to a developer that upon receipt of its development permit it may proceed with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development. DRAFT: For Discussion Purposes Only January 12, 2009 (3) In conformity with, in furtherance of, and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. (4) This intent is effected by authorizing local governments to enter into development agreements, subject to the procedures and requirements of ss. 163.3220-163.3243. (5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. WHEREAS, Section 11.08.00 of the St. Lucie County Land Development Code ("LDC") specifically empowers the County to enter into development agreements with developers to facilitate the orderly development of real property in St. Lucie County; and WHEREAS, the Developer wishes to construct a residential development consisting of single family homes and multi -family townhouses as well as accessory uses, including, but not limited to, parking facilities (the "Silver Oaks Development"), all as more specifically depicted on the Silver Oaks Site Plan, attached hereto and incorporated herein by reference as Exhibit B ("Site Plan"); and WHEREAS, the Property is currently zoned Planned Unit Development on the County's Official Zoning Atlas and is designated Residential Urban (RU) under the Future Land Use Element of the St. Lucie County Comprehensive Plan. WHEREAS, the Property has received final site plan approval for a development containing three hundred and twenty-five residential units consisting of single family homes and multi -family townhomes. The site plan approval is set forth in St. Lucie County Resolution No. 05-021, as amended by Resolutions 07-018 and 08-012 (hereinafter "Site Plan Approval"). WHEREAS, the Developer owns the Property, which consists of a an approximately one hundred and fifty-five (155) acre parcel located on Tilton Road and Silver Oak Drive; and WHEREAS, the Property is located within the limits of the Lennard Road 1 Municipal Services Benefit Unit (road improvements), the Lennard Road 2 Municipal Services Benefit Unit (potable water improvements), and the Lennard Road 3 Municipal Services Benefit Unit (wastewater treatment improvements) (hereinafter collectively referred to as the "Lennard Road MSBUs") which were created by the County on June 6, 2000; and 2 DRAFT: For Discussion Purposes Only January 12, 2009 WHEREAS, the improvements contemplated to be developed and funded through the Lennard Road MSBUs have not been constructed and the County is presently unable to fund those improvements through the MSBUs; and WHEREAS, it is anticipated that the MSBUs may be funded and constructed within five (5) years of the date of this Agreement; and WHEREAS, the Property possesses desirable and requisite characteristics to accommodate the Silver Oaks Development; and WHEREAS, the Silver Oaks Development may be constructed in phases over a period of years as reflected in the Site Plan Approval and pursuant to the timeframes specified in Exhibit C hereto; therefore, the Developer is desirous of entering into a contractual agreement with the County to memorialize an agreement regarding its development rights with regard to the Property; and WHEREAS, it is in the best interests of the County and the citizens of the County that the development of the Property be completed in a planned and orderly fashion giving consideration to the subjects addressed by this Agreement; and WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits to the County and the citizens of the County which are acceptable to the Developer and acceptable to the County such that the Developer and the County have deemed it appropriate that the terms and conditions of their agreement be reduced to written form; and WHEREAS, the benefits to the County as a result of entering into this Agreement are unique to the particular circumstances of this Agreement; and WHEREAS, the Act provides a means for the Developer and the County to document the assurances sought by each and commitment to the terms and obligations of this Agreement; and WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes (2008), the County has held two public hearings with respect to this Agreement, those being held on , 2009 and 2009, with public notice provided for each hearing as required by law. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the Developer and the County enter into this Development Agreement and do hereby agree as follows: Section 1: Recitals. 3 DRAFT: For Discussion Purposes Only January 12, 2009 The foregoing recitals are true, correct and incorporated herein by reference. Section 2: Legal Description of the Property. An accurate legal description of the Property subject to the terms and conditions of this Agreement is attached hereto as Exhibit A, and incorporated herein by reference. The current owner of legal and equitable title to the Property is Lennar Homes, LLC. Lennar Homes, LLC hereby represents and warrants that it is the current owner of all legal and equitable title in the Property. Section 3: Effective Date and Duration of Agreement. Unless extended pursuant to the terms hereof, the duration of this Agreement shall be five (5) years commencing with the effective date of this Agreement. The time for development authorized hereby shall supersede any timeframes for development set forth in the Site Plan Approval, including the expiration date of the Site Plan Approval and that certain Certificate of Capacity No. 2071 dated August 5, 2005 ("Certificate of Capacity"). This Agreement shall not become effective until thirty (30) days after delivery of this fully executed and recorded copy of this Agreement to the Florida Department of Community Affairs ("DCA"). The duration of this Agreement may be extended upon mutual consent of the County and the Developer follow a public hearing as provided for in the Act In the event DCA or any other interested party files a lawsuit or other legal proceeding challenging the validity of this Agreement, this Agreement shall not become effective until such time as a judgment is entered by a court of competent jurisdiction finding the Agreement valid and enforceable and. such judgment becomes final and non -appealable. Section 4: The Silver Oaks Development. A. Site Plan for Development. Attached hereto and incorporated herein as Exhibit B is the Site Plan for the Silver Oaks Development depicting the proposed areas of development, the respective types of development to be constructed on the Property and the buffers of the development on the perimeter of the Property. The parties understand and agree that the attached Site Plan and the Site Plan Approval establish the maximum building density for the Silver Oaks Development as well as the minimum landscaping and wetland buffers for the perimeter. The parties further understand and agree that the Site Plan generally depicts the southern alignment for Lennard Road, as more thoroughly described in Section 5 of this Agreement. For purposes of this Agreement, it is agreed that the Site Plan accurately depicts the type and density of development to be constructed on the Property. The parties further agree that the Site Plan Approval and Certificate of Capacity shall be extended for a period of five (5) years from the effective date of this Agreement. 4 DRAFT: For Discussion Purposes Only January 12, 2009 B. Housing. The parties do hereby agree that the Developer shall be entitled to develop on the Property up to a maximum of three hundred and twenty-five (325) residential units which may include single-family residential structures and townhouses in accordance with the Site Plan Approval as modified hereby. The Developer will locate all housing structures as set forth on the Site Plan, except in the event that an unforeseen circumstance precipitates the need to relocate and/or revise the exact location of the residential structures. The Developer hereby agrees that in no event shall more than three hundred and twenty-five (325) residential units be constructed on the Property. l . Single Family Residential Units. The Developer intends to construct ninety-one (91) detached, single family residential units on the Property as depicted on the Site Plan and in accordance with the Site Plan Approval. 2. Townhome Residential Units. The Developer intends to construct two hundred and thirty-four (234) attached, multi -family townhome units on the Property as depicted on the Site Plan and in accordance with the Site Plan Approval. C. Accessory Structures and Parking. The Developer intends to construct those accessory structures depicted on the Site Plan including, but not limited to, two recreation centers (which may consist of swimming pools and/or clubhouses), security gate and bus shelter. D. Traffic Improvements. The Developer shall provide internal sidewalks and roads within the Silver Oaks Development as depicted on the Site Plan. The parties understand and agree that all roads located within the Silver Oaks Development will be designed and constructed at the expense of the Developer, subject to receipt of all required governmental approvals. The parties further understand and agree that all sidewalks and roads located within the Silver Oaks Development shall be owned and maintained by the Silver Oaks Property Owners' Association. Those traffic improvements constructed by the Developer pursuant to this Agreement which are located outside of the Silver Oaks Development shall ultimately be dedicated to the County for its ownership and maintenance. E. Landscaping. The landscaping for the Silver Oaks Development will be as depicted on the Site Plan, to the extent possible. The Developer acknowledges that all landscaping must be DRAFT: For Discussion Purposes Only January 12, 2009 completed in accordance with the applicable provisions of the St. Lucie County Land Development Code. F. Wetlands. The parties agree that wetlands depicted on the Site Plan are to be created and/or defined by the Developer as part of the Silver Oaks Development. The Developer represents that it has obtained certain environmental permits for various federal, state and local authorities and that the same are identified in Exhibit D hereto. The Developer acknowledges that it is responsible for obtaining all necessary wetland permits from the applicable permitting agencies whether federal, state or local. The Developer reserves the right to seek all necessary regulatory approvals (including filling authorization) for altering the jurisdictional wetlands, if any, depicted on the Site Plan in a manner which would require the least disturbance possible but permit the Developer to facilitate the Silver Oaks Development as depicted on the attached Site Plan. The parties understand that Developer may seek variances from the County wetland setback requirements, however, the parties agree that this Agreement shall in no way constitute evidence that any variance shall be granted or denied. The Board of County Commissioners expressly reserves the right to grant or deny any variance requested by any property owner with regard to the Property. G. Utility Services. The Developer will supply adequate public utility facilities and services to serve the Silver Oaks Development concurrent with the impact creating the need for such services, including, but not limited to, potable water distribution, wastewater collection and solid waste disposal. The Developer will work with all necessary governmental entities, including the City of Port St. Lucie, to ensure that utilization of the constructed utility system will not adversely impact those utility customers adjacent to the Silver Oaks Development. The Developer must obtain all necessary governmental approvals and permits prior to utilization of any potable water or wastewater collection utility system constructed by Developer. Potable Water Distribution. Drinking water for the Silver Oaks Development will be supplied by the City of Port St. Lucie. The Developer will construct or cause to be constructed all necessary potable water service infrastructure within the Silver Oaks Development. It is the intention of the Developer that upon construction of such potable water service infrastructure, the infrastructure will be ultimately owned and maintained by the City. Water service will be available to each area of the Silver Oaks Development in adequate volume prior to improvements being constructed in each particular phase of development. 2. Wastewater Collection. Cel DRAFT: For Discussion Purposes Only January 12, 2009 Wastewater collection and treatment services for the Silver Oaks Development will be provided by the City of Port St. Lucie. The Developer will construct or cause to be constructed all wastewater collection infrastructure within the Silver Oaks Development. It is the intention of the Developer that upon construction of such wastewater collection infrastructure, the infrastructure will be ultimately owned and maintained by the City. Wastewater collection service must be available in adequate capacity prior to construction of improvements in each particular phase of development. 3. Solid Waste Disposal. There will be no particular improvements or facilities required for solid waste collection within that portion of the Silver Oaks Development comprised of single family or multi -family residential units. H. Stormwater Treatment Facilities. The stormwater treatment facilities for the Silver Oaks Development will be constructed as depicted on the Site Plan and as approved by the Site Plan Approval. All stormwater runoff and drainage system improvements within the Silver Oaks Development will be: (1) designed and constructed to County standards; (2) treated to minimum South Florida Water Management District water quality standards; (3) constructed or caused to be constructed by the Developer; and (4) maintained by the Silver Oaks Property Owners' Association. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Silver Oaks Development. The system will be designed and constructed so that there will be no outflow onto adjacent properties unless otherwise approved by regulatory authorities and will be designed to protect adjacent surface waters by use of best management practices and other innovative techniques. I. Other Conditions of Site Plan Approval. Unless otherwise provided in this Agreement, Developer shall comply with all conditions of approval set forth in Section A of the Site Plan Approval, which conditions are incorporated herein by reference. Section 5: Other Developer Contributions. In addition to the aforementioned Developer contributions to the public infrastructure of St. Lucie County, the Developer agrees to make the following additional contributions toward off -site improvements in areas near and adjacent to the Silver Oaks Development by providing payment to the County for the purpose of such improvements or facilitating the construction of said improvements within the timeframes set for herein. A. Lennard Road: MSBUs and Eighteen Single Family Assessments 7 DRAFT: For Discussion Purposes Only January 12, 2009 The Developer acknowledges the existence of the Lennard Road MSBUs and the inclusion of the Silver Oaks Development within the Lennard Road MSBUs. The Developer agrees to pay fifty percent (50%) of the assessments ultimately levied against the eighteen (18) single family residential properties within the Lennard Road MSBUs which are identified with more particularity in Exhibit E (the `Eighteen Single Family Assessments"). The parties agree that the current estimate for the Eighteen Single Family Assessments is seventy three thousand, two hundred eighty-nine and 37/100 dollars ($73,289.37). The Developer agrees to pay fifty percent (50%) of the estimated cost for the Single Family Assessments upon funding of the MSBUs and within forty-five (45) days of the receipt of an invoice from the County setting forth the estimated amount due. If the final cost is more than the estimated cost, the Developer shall pay an additional amount within forty-five (45) days of receipt of an invoice for one-half of the difference. If the final cost is less than the estimated cost, the Developer shall be entitled to receive fifty percent (50%) of the difference. This obligation shall survive the revocation or termination of this Development Agreement. 2. Dedication of Right of Way Within ninety (90) days of the effective date of this Agreement, the Developer agrees to dedicate those areas of the Property which are within the right-of- way for the southern alignment of Lennard Road as depicted in Exhibit F hereto (hereinafter "Lennard Road extension"). The conveyance shall be in a manner and form acceptable to the County Attorney. Upon dedication of the right of way by Developer, Developer, and its successors in interest to the Property, shall be entitled to a credit against all applicable traffic impact fees imposed by the County at the time of building permit issuance. The amount of the impact fee credit shall be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. The credit against impact fees provided hereby shall run with the land and extend in perpetuity until exhausted. The parties agree that under no circumstances will the right-of-way dedicated to facilitate construction of the Lennard Road extension exceed one hundred thirty (130) feet in width and two thousand six hundred (2600) feet in length along the southern boundary of the Property. Along the western property line, the right-of-way dedicated to facilitate construction of the Lennard Road extension shall not exceed twenty four (24) feet in width and shall be located no less than three hundred and eighty (380) feet from the southwest property corner nor less than four hundred ninety five (495) feet from the northwest property corner. The parties hereby agree that under no circumstances shall the right-of-way dedicated by Developer pursuant to this Development Agreement to facilitate construction of the Lennard Road extension exceed 8.676 acres or 377,935.78 square feet. Upon written notice from the County that the MSBUs will be funded to allow construction of the roadway, within ninety (90) days thereafter the Developer agrees to submit to the County the estimated construction costs for the Lennard Road extension within the Silver Oaks Development that are to be borne by the Developer. The DRAFT: For Discussion Purposes Only January 12, 2009 Developer agrees that it will be responsible for construction of the Lennard Road extension within the boundaries of its Property only to the extent such alignment overlaps or is parallel to Silver Oak Drive and is adjacent to or north of the western entrance to the Silver Oaks Development. The County agrees that it, or another governmental entity, is responsible for construction of the remainder of the Lennard Road extension, including all portions of the Lennard Road extension which are located south of the western entrance to the Silver Oaks Development. The Developer further agrees to post security in the form of a performance bond or letter of credit ("Security") in the amount of the estimated construction costs for the Lennard Road extension for which the Developer is responsible within ninety (90) days of receiving written notice that the MSBUs will be funded or within thirty (30) days of receipt of a notice to proceed with the construction of the MSBU portion of the Lennard Road extension, which ever occurs later. The parties may mutually agree to one (1) reduction in the value of the Security as Lennard Road is constructed and agree that the Security shall be returned or released upon completion of the Lennard Road extension roadway improvements for which the Developer is responsible within the Silver Oaks Development. B. Tilton Road If construction of the Lennard Road extension commences, then within three (3) years of the effective date of this Agreement, the Developer agrees, at its own cost, to design, permit and construct those portions of Tilton Road necessary to establish an entrance to Phase I of the Silver Oaks Development and to diligently purse such construction through completion. Upon completion of construction, Developer shall dedicate to the County those areas of the Property which are within the right-of-way for those portions of Tilton Road constructed by the Developer to establish such entrance. The design and construction of Tilton Road shall be subject to inspection and approval of the County. The parties agree that Mr. Michael Powley shall initially serve as the liaison between the Developer, County and St. Lucie County Public Works Department for purposes of coordinating completion of the Tilton Road improvements. No certificates of occupancy may be issued for the Silver Oaks Development until the Tilton Road improvements are complete and conditionally accepted by the County. The Developer shall be required to enter into a separate road improvement agreement with the County and to furnish the County with a form of security approved by the County Attorney. The amount of security shall be 115% of the estimated cost of construction. The engineer's estimate of probable cost shall be approved by the County Engineer. C. Silver Oak Drive If construction of the Lennard Road extension commences, then within three (3) years of the effective date of this Agreement, the Developer, at its own cost, agrees to design, permit and reconstruct and/or widen that portion of Silver Oak Drive which is located between Tilton Road and the western entrance to the Silver Oaks Development, as more accurately depicted on the Site Plan, and diligently pursue such construction through completion. Upon completion of such reconstruction and/or widening, Developer shall dedicate such improvements to the County. The design and construction E DRAFT: For Discussion Purposes Only January 12, 2009 of the improvements to Silver Oak Drive shall be subject to inspection and approval by the County. The parties agree that Mr. Michael Powley shall initially serve as the liaison between the Developer, County and St. Lucie County Public Works Department for purposes of coordinating completion of the Silver Oaks Drive improvements. No certificates of occupancy may be issued for the Silver Oaks Development until the Silver Oaks Drive improvements are complete and conditionally accepted by the County. The Developer shall be required to enter into a separate road improvement agreement with the County and to furnish the County with a form of security approved by the County Attorney. The amount of security shall be 115% of the estimated cost of construction. The engineer's estimate of probable cost shall be approved by the County Engineer. D. Funding of MSBUs. The parties acknowledge that, as of the date of this Agreement, the MSBUs are currently not funded and may not be funded during the term of this Agreement. In the event the MSBUs are not in existence and funded within three (3) years of the effective date of this Agreement such that paved access and utilities are not made available to the Property within the term hereof, and in the event no mutually agreeable alternative arrangements for the provision of paved access and utilities are made, then Developer shall be entitled to undertake the development and construction of roadway and utilities intended to be constructed through the MSBUs at its own expense. The County agrees to cooperate with Developer in securing access for purposes of installing all roadway and utility improvements pursuant to this paragraph. In addition, Developer shall be entitled to impact fee credits for its construction of roadway improvements in an amount to be established pursuant to Section 17-33. 1 (c)(6), St. Lucie County Code of Ordinances. Alternatively, in the event the MSBUs are not funded and constructed pursuant to the terms hereof, the Developer, at its sole option, may procure access to the Property by connecting Tilton Road to Prima Vista Boulevard. The costs associated with the design, permitting, and construction of such extension shall be borne by Developer. However, Developer shall be entitled to an impact fee credit for roadway improvements in an amount to be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. Furthermore, in the event Developer secures and constructs access to the Silver Oaks Development via Prima Vista Boulevard as provided herein, the Certificate of Capacity shall remain in full force and effect; Developer shall not be required to amend the Certificate of Capacity to allow Developer to proceed with development of the Silver Oaks Development based on the alternative access. Section 6: St. Lucie County Development Approvals. All development permits approved or requiring approval by the County for development of the Property shall be issued by the County in accordance with County regulations, including but not limited to, the Comprehensive Plan, the LDC, and the County Code of Ordinances. The parties agree that such County regulations that are in existence and effect on the date of the execution of this Agreement will control and establish the density, intensity, bulk, height, setback, and the land uses and structures 10 DRAFT: For Discussion Purposes Only January 12, 2009 allowed to be developed on the Property under this Agreement. However, the parties specifically agree that the Developer will be required to comply with any code or ordinance in effect at the time of development approvals that govern the process for obtaining development approvals, site plan review codes, subdivision codes, platting codes; further the developer will comply with all other ordinances in effect at the time of development approval that govern environmental protection, trees, signage, traffic, utilities, concurrency, stormwater, and drainage, and the developer will pay all required fees and costs imposed by the County including impact fees as set by local code in existence at the time of development approval; notwithstanding the foregoing, to the extent approvals from the County or applicable regulatory have been procured and/or are reflected in the Site Plan, Site Plan Approval, or preliminary plat, the previously secured permits shall control. All applications for building permits shall comply with the building code in effect at the time of application. Notwithstanding anything to the contrary contained herein, the Site Plan Approval and Certificate of Capacity shall not expire so long as a building permit is issued for the Silver Oaks Development within the term of this Agreement and such building permit does not otherwise expire pursuant to the terms of Section 11.02.06 of the LDC. Section 7: Other Development Approvals. The Developer acknowledges and agrees that it may need permits and authorizations from other state and federal agencies which are outside the scope of this Agreement. The Developer represents that it has procured various permits relating to the development contemplated hereby and that such permits are identified in Exhibit D hereto. The Developer further represents that additional local permits may be necessary prior to issuance of a Final Development Order as further described in Exhibit D. 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. The 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 the permitting requirements, conditions, term or restriction. The Board reserves the right to impose subsequently adopted laws and policies following a public hearing if the Board determines that the laws and policies are essential to the public health, safety or welfare. Section 8: Consistency With Comprehensive Plan and Land Development Code. The County and Developer agree that the Silver Oaks Development, as contemplated by this Agreement and depicted on the attached Site Plan, is consistent with the goals, objectives, and policies of the Comprehensive Plan. The parties further agree that the Silver Oaks Development is consistent with the applicable development regulations in effect at the time of the execution of this Agreement, including, but not 11 DRAFT: For Discussion Purposes Only January 12, 2009 limited to, the applicable zoning district use regulations prescribed by the St. Lucie County Land Development Code. The County acknowledges and agrees that it is exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits that are particular and unique to the circumstances underlying this Agreement. This Agreement shall in no way establish a precedent, or bind the County to grant similar approvals to third persons. Section 9: Remedies. If the Developer or the County fails to carry out any of its covenants herein contained, the County and the Developer shall be entitled to all remedies available at law or in equity including, without limitations, the remedy of prohibitive injunction. 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 requiring Board approval of any change in the Site Plan shall survive the revocation of this Agreement. 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 provision 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. None of these remedies shall be deemed exclusive of one another, or exclusive of any other remedy which the Court having jurisdiction deems appropriate. Such remedies shall be granted either singularly, or in combination, to the extent necessary to achieve the intent of this Agreement. In the event this Agreement is terminated in accordance with the terms hereof, the Site Plan Approval and Certificate of Capacity shall expire and no longer be valid. 12 DRAFT: For Discussion Purposes Only January 12, 2009 Section 10: 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 twelve (12) months, commencing twelve (12) months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of thirty (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 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, or in any phasing for the reporting year and for the next year. B. If the Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. 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 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. 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 in accordance with the procedures set forth in Paragraph 7. Section 11: General Provisions. A. Nothing herein is intended to preclude the County from exercising its proper police powers to protect the health, welfare, and safety of the public. B. This Agreement shall be binding upon, and inure to the benefit of, all heirs, successors and assigns of the parties hereto. C. Any notices required to be given or elected to be given by either of the parties pursuant to the terms of this agreement shall be deemed effective provided when 13 DRAFT: For Discussion Purposes Only January 12, 2009 placed in the United States Mail, certified return receipt requested, or placed in the hands of an overnight delivery service. As to the Developer: Lennar Homes, LLC Attn: Lorie Moccia and Rey Melendi 730 NW 107th Avenue, Suite 300 Miami, Florida 33172 With a Copy to: Gary K. Hunter, Jr. Hopping Green & Sams, P.A. 123 South Calhoun Street Tallahassee, Florida 32301 As to the County: St. Lucie County Board of County Commissioners Attn: Chairperson 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 And a copy to: St. Lucie County Attorneys' Office Attn: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 D. This Agreement constitutes the complete and exclusive statement of agreement between the parties with respect to the subject matter described. This Agreement also supersedes all prior written and oral statements; no representation, statement, condition, or warranty not contained in this Agreement has any force or effect. E. This Agreement and the rights of the parties hereunder are governed by, interpreted, and enforced in accordance with the laws of the State of Florida. Exclusive venue for any legal action brought to enforce or interpret this Agreement shall be in the Circuit Court for the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida. F. Common nouns and pronouns refer to the singular and plural. Any reference to statutes or laws will include all amendments, modifications, or replacements of the specific sections and provisions concerned. G. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. H. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision is fully severable. Upon such event, this Agreement is to be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement 14 DRAFT: For Discussion Purposes Only January 12, 2009 will remain in full force and effect. If any portion of this Agreement adopted pursuant to Chapter 163, Florida Statutes, is held or declared to be void by a court of competent jurisdiction, the Agreement shall be deemed to be and enforceable as a home rule developer agreement in accordance with Florida law. I. This Agreement is made solely and specifically among and for the benefit of the parties hereto and their respective successors and assigns; no other person has or will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. J. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute and original, and such counterparts together shall constitute on and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. K. This Agreement shall be recorded in the Public Records of St. Lucie County, Florida by the developer within fourteen (14) days of its final execution by the Chair of the County Commission. A copy shall be delivered by the County to the State of Florida Department of Community Affairs within fourteen (14) calendar days after the Agreement is recorded in the Public Records. L. Except as otherwise provided herein, this Agreement will be effective thirty (30) days after it is received by the state land planning agency of the State of Florida. M. This Agreement may be amended only by a subsequent written instrument entered into and executed by the parties pursuant to the procedures and requirements of the Act. N. 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 the last residential building as shown on the approved Site Plan. 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 Final Development Order has been issued. Any application for a 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 Agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. All applications for building permits shall comply with the building code in effect at the time of application. 15 DRAFT: For Discussion Purposes Only January 12, 2009 O. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 16 DRAFT: For Discussion Purposes Only January 12, 2009 Signed, sealed and delivered in the presence of. (Print Name of Witness) STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chairperson Approved as to correctness of form: County Attorney The foregoing instrument was acknowledged before me this day of February, 2009 by , as Chairperson of the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, on behalf of the Board, who is personally known to me. (SEAL) Notary Public, State of Florida My Commission Expires: 17 DRAFT: For Discussion Purposes Only January 12, 2009 Signed, sealed and delivered LENNAR HOMES, LLC. in the presence of: (Print Name of Witness) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this of February, 2009, by who is personally known to me to be the person described in and who executed the foregoing instrument as of LENNAR HOMES, LLC, a limited liability company organized under the laws of the State of Florida and authorized to transact business in the State of Florida. He has acknowledged before me that he executed the foregoing instrument as such office in the name and on behalf of the corporation. (SEAL) Notary Public, State of Florida My Commission Expires: DRAFT: For Discussion Purposes Only January 12, 2009 EXHIBIT A TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. CONTINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS CONTAINS 153.975 AC, MORE OR LESS, EXCLUDING ASSUMED 15' ACCESS EASEMENTS. TAX ID #3414-501-0801-050/8 Location: Southwest corner of Tilton Road and Shana's Trail WE DRAFT: For Discussion Purposes Only January 12, 2009 EXHIBIT B SITE PLAN 20 DRAFT: For Discussion Purposes Only January 12, 2009 EXHIBIT C PHASING & TIMEFRAMES FOR CONSTRUCTION 21 DRAFT: For Discussion Purposes Only January 12, 2009 EXHIBIT D PERMITS 22 a, 0 0 N N � x O � wl w1 Q H i k.►, 2 M N a, 0 0 N N_ O cC ti H x W no d' N AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: PURCHASING DEPARTMENT ITEM NO. VI-F1 DATE: 1 /20/09 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Marie VbuYi, Director Approval of bid waiver and ratification of emergency purchase orders from Tropical Storm Fay Please see attached memorandum. FUNDS AVAILABLE: Tropical Storm Fay program #19014 — Various funds, organizations and account numbers. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board: (1) Ratify the County Administrator's Order effective August 19, 2008 at 6:00 A.M.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders as attached. COMMISSION ACTION: ( APPROVED ( ) DENIED () OTHER Approved 4-0 Comm. Craft Absent Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator Y County Attorney (X) / Mgmt & Budget (X) _ Purchasing (X) Dan ,ji" on , % l , Desiree McIntyre NA E Cimino Other ( ) Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Marie Gouin, Management and Budget Director DATE: January 20, 2009 RE: Board approval of bid waiver and ratification of emergency purchase orders from Tropical Storm Fay Backaround: Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. The Board has previously adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the County Public Safety Director to exercise certain emergency powers and authority during a local emergency. The impact of Tropical Storm Fay has placed St. Lucie County in a state of emergency, exposing the citizens of the County to danger life and property. As a result, on August 16, 2008, at 6:00 A.M., the St. Lucie County Public Safety Director declared a state of local emergency. Pursuant to Section 5.5. of the County's Purchasing Manual, the Board has authorized the waiver of bids in an emergency. Attached to this memorandum is a list of emergency purchase orders related to Tropical Storm Fay. Recommendation: Staff recommends that the Board: (1) Ratify the County Administrator's order effective August 16, 2008 at 6:00 A.M. (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders as attached. 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Y C = C O -°� U 0 w U a) u. c 0) m 0) 0) o m 0) 0) M c c c c c c c y CD 0 m c m 0) m w w W w w w w a. X LO N m N T Co co N N co co O N N r O 00 00 ti ti O T r O O O O O �- T r r r r r - d d d d a_ d CL CL Page 2 of 23 St. Lucie County Board of County Commissioners PAGE: 1 • 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax:(772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2910477 TSI Disaster Recovery,LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 Issue Date: 10/14/08 St. Cloud FL 34769 Delivery Date: 12/30/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition #: R2950487 Emrgency pipe repair 1.00 EA 15,000.0000 15,000.00 Emgerency pipe repair on Kings Hwy North of Pensacola damage caused by tropical storm fay B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $15,000.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stiucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 3 of 23 St. Lucie County Board of County Commissioners PAGE. 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 — Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2910482 TSI Disaster Recovery,LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 St. Cloud FL 34769 Issue Date: 10/14/08 Delivery Date: 12/30/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition #: R2950488 Pipe Repair 1.00 EA 15,000.0000 15,000.00 Emergency pipe repair @ Liberty Way damage caused by Tropical storm Fay B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $15,000.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director IF VENDOR COPY Page 4 of 23 { IM,_ - St. Lucie County Board of County Commissioners PACE: 1 2300 Virginia Ave. i Ft. Pierce, FL 34982-5652 _ Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2910606 TSI Disaster Recovery,LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 St. Cloud FL 34769 Issue Date: 10/20/08 Delivery Date: 12/30/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition #: R2950489 Pipe Repair 1.00 EA 15,000.0000 15,000.00 emergency pipe repair ® Pensacola in Lakewood Park damaged caused by Tropical storm Fay B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $15,000.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 5 of 23 =liUW St. Lucie County Board of County Commissioners PAGE: 1 i 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2910725 TS I Disaster Recovery, LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 Issue Date: 10/28/08 St. Cloud FL 34769 Delivery Date: 12/30/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition 4: R2950744 Flood control 1.00 EA 50,000.0000 50,000.00 Clearing of Platts Creek from Us 1 to sunrise blvd to relieve flooding after tropical storm fay xxxxx -----------------READ CAREFULLY -------------- By the acceptance of this purchase order, the vendor specifically agrees to all of the terms and conditions on the reverse side. The vendor further agrees to indemnify the county for any liability arising out of the service provided by the vendor under this Purchase Oder and to maintain insurance in the amounts required by the st. Lucie Risk Manager. B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $50,000.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 6 of 23 St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2910740 TSI Disaster Recovery,LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 Issue Date: 10/28/08 St. Cloud FL 34769 Delivery Date: 12/30/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition #: R2950756 Drainage repairs 1.00 EA 8,900.0000 8,900.00 Repair culvert O L-20 canal from Tropical Storm Fay. Vendor # 2 Blue Goose ® 10683.00 Vendor # 3 South Fla Land Clearing @ 18306.00 XXXXX -----------------READ CAREFULLY -------------- By the acceptance of this purchase order, the vendor specifically agrees to all of the terms and conditions on the reverse side. The vendor further agrees to indemnify the county for any liability arising out of the service provided by the vendor under this Purchase Oder and to maintain insurance in the amounts required by the St. Lucie Risk Manager. B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $8,900.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director IF VENDOR COPY Page 7 of 23 St. Lucie County Board of County Commissioners PACE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 -.p�W _-_ -- -=w-- -• Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2910741 TSI Disaster Recovery,LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 Issue Date: 10/28/08 St. Cloud FL 34769 Delivery Date: 12/30/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition #: R2950757 Embanks repair 1.00 EA 6,930.0000 6,930.00 Repair of embankment @ Orange Avenue Turnpike Over from Tropical Storm Fay xxxxx -----------------READ CAREFULLY -------------- By the acceptance of this purchase order, the vendor specifically agrees to all of the terms and conditions on the reverse side. The vendor further agrees to indemnify the county for any liability arising out of the service provided by the vendor under this Purchase Oder and to maintain insurance in the amounts required by the St. Lucie Risk Manager. B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $6,930.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY I Page 8 of 23 St. Lucie County Board of County Commissioners PAGE: 1 . 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34168 PO Number: P2911165 TS I Disaster Recovery, LLC (PO number must appear on all documents and packages) 1700 13th Street, Ste 4 Issue Date: 12/17/08 St. Cloud FL 34769 Delivery Date: 01/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Road and Bridge 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Public Works/Road Depart Description Quantity U/M Unit Price Extended Price Requisition #: R2951171 Drainage Repairs 1.00 EA 50,000.0000 50,000.00 C 08-11-523 repairs done to the oleander ave that were damaged during the tropical storm fay B-09-101003-4108-534000-19014-PWROAD For additional information contact: TOTAL: $50,000.00 Tammy Murphy 772-462-1819 Federal Employers Identification: 59-6000835 Tammym@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 9 of 23 St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 _- — - Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 27682 PO Number: P2910611 -1 Agler Tile (PO number must appear on all documents and packages) 1800 SE Village Green Dr. Issue Date: 10/21/08 Port St Lucie FL 34952 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Central Serv./Administration 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATTN: Central Services/Adminis Description Quantity U/M Unit Price Extended Price Requisition #: R29SO616 Carpet Cleaning, Dyeing, Installation And Repair 1.00 EA 16,962.7300 16,962.73 Supply & Install Mannington Assurance II including heat welded seams, color: #16315, Baltic Green. 4" vinyl cove base installed in same areas. Work to be done at the Elections offices at the Orange Blossom Business Center. Damage due to Tropical Storm Pay. xxxxx READ CAREFULLY: By the acceptance of this Purchase Order, the Vendor specifically agrees to all of the terms & conditions on the reverse side.The Vendor further agrees to indemnify the County for any liability arising out of the service provided by the Vendor under this Purchase Order & to maintain insurance in amounts required by the St. Lucie County Risk Manager. B-09-001-1930-546200-19014-CSCNMT For additional information contact: TOTAL: $16,962.73 Kimberlee Gagnon 772-462-1433 Federal Employers Identification: 59-6000835 Kgagnon@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditlons set forth on the reverse side Purchasing Director VENDOR COPY Page 10 of 23 r p/ _ ��k St. Lucie County Board of County Commissioners PAGE: 1 � • 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 �- _ .• Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 34484 PO Number: P2911055 Walton Wholesale Corp. (PO number must appear on all documents and packages) 7110 NE 4th Court Issue Date: 12/03/08 Miami FL 33138 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Central Serv./Administration 2300 Virginia Ave. 3071 Oleander Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 ATN: Central Services/Adminis Description Quantity U/M Unit Price Extended Price Requisition #: R2951075 Flooring 1.00 EA 18,946.2700 18,946.27 665.33 SQ Yards of Assurance II, 61, Baltic Green floor covering @ $28.38 SY 1 Delivery Charge @ $60.00 1Fuel Surcharge @ $4.20 This is for the Elections Offices at the Orange Blossom Business Center. Damage due to Tropical Storm Fay. B-09-001-1930-546200-19014-CSCNMT For additional information contact: TOTAL: $18,946.27 Kimberlee Gagnon 772-462-1433 Federal Employers Identification: 59-6000835 Kgagnon@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director' VENDOR COPY if Page 11 of 23 1 _ Fprr St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 4590 PO Number: P2910926 Sheltra & Son Co Inc (PO number must appear on all documents and packages) P O Box 336 Indiantown FL 34956 Issue Date: 11/13/08 Delivery Date: 06/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2950948 Culvert Construction, Pipe 1.00 EA 214,115.0000 214,115.00 Sneed Rd. @ C68 Emergency Culvert Replacement Concrete pipe, TROPICAL STORM FAY C08-10-463, BD: 10/7/08 B-09-101-4115-563000-19014C-RPENGN For additional information contact: TOTAL: $214,115.00 Barbara Meinhardt 772-462-1708 Federal Employers Idenfification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all teens and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 12 of 23 St. Lucie County Board of County Commissioners PAVE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax:(772) 462-1704 PURCHASE ORDER Vendor: 3156 PO Number: P2910911 Kimley Horn & Associates Inc (PO number must appear on all documents and packages) 4431 Embarcadero Drive West Palm Beach FL 33407 Issue Date: 11/12/08 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2950917 Engineering 1.00 EA 18,120.0000 18,120.00 Gordy Road Bridge Emergency Repairs @ 10 Mile Ck. TROPICAL STORM FAY Engineering C06-12-799, WA 1, BD: 10/28/08 B-09-101-4115-563005-19014H-RPENGN For additional information contact: TOTAL: $18,120.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to aff terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 13 of 23 k-• �- Gr4 , * _ St. Lucie County Board of County Cornmissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 —�--- ----- ,-- --- Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 19274 PO Number: P2911106 Dunkelberger Engineering & Testing Inc (PO number must appear on all documents and packages) 607 NW Commodity Cove Issue Date: 12/11/08 Port St. Lucie FL 34986 Delivery Date: 03/31 /09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2951122 Testing 1.00 EA 1,685.0000 1,685.00 Sneed Rd. @ Canal 67 Emergency Culvert Replacement C07-07-454. WA 17 - Soil Testing TROPICAL STORM FAY B-09-101-4115-563009-19014B For additional information contact: TOTAL', $1,685.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all tenns and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 14 of 23 rt, St. Lucie County Board of County Commissioners PAGE; 1 2300 Virginia Ave. • Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 19274 Po Number: P2911105 Dunkelberger Engineering & Testing Inc (PO number must appear on all documents and packages) 607 NW Commodity Cove Issue Date: 12/11/08 Port St. Lucie FL 34986 Delivery Date: 03/31/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #= R2951121 Testing 1.00 EA 1,685.0000 1,685.00 Sneed Rd. @ C64 Emergency Culvert Replacement C07-07-454, WA 16 - Soil Testing TROPICAL STORM FAY B-09-101-4115-563009-19014A-RPENGN For additional information contact: TOTAL: $1,685.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 15 of 23 St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 15082 PO Number: P2911125 Johnson -Davis Inc (PO number must appear on all documents and packages) 604 Hillbrath Drive Lantana FL 33462 Issue Date: 12/12/08 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2951139 Culvert Construction, Pipe 1.00 EA 11,750.0000 11,750.00 Sneed Rd. @ C67 Emergency Culvert C08-11-540, Emergency Contract: 11/17/08 TROPICAL STORM FAY B-09-101-4115-563000-19014B-RPENGN For additional information contact: TOTAL: $11,750.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 16 of 23 St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 15082 PO Number: P2911124 Johnson -Davis Inc (PO number must appear on all documents and packages) 604 Hillbrath Drive Lantana FL 33462 Issue Date: 12/12/08 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2951138 Culvert Construction, Pipe 1.00 EA 12,000.0000 12,000.00 Sneed Rd. @ C64 Emergency Culvert C08-11-541, Emergency Contract signed: 11/17/08 TROPICAL STORM FAY 5-09-101-4115-563000-19014A-RPENGN For additional information contact: TOTAL: $12,000.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 17 of 23 St. Lucie County Board of County Commissioners PAGE: 1 A - 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 -�------ w Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 32902 PO Number: P2910912 -1 Miller Legg, Inc. (PO number must appear on all documents and packages) 749 S.E. Port St Lucie Blvd Port St Lucie FL 34984 Issue Date: 11/12/08 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/N1 Unit Price Extended Price Requisition #: R2950919 Engineering 1.00 EA 68,645.9200 68,645.92 Same as above Engineering B-09-101-4115-563005-19014G-RPENGN Reimbursements 1.00 EA 32,149.2000 32,149.20 Same as above Reimbursables B-09-101-4115-563021-19014G-RPENGN Land Surveying 1.00 EA 19,810.2200 19,810.22 B-09-101-4115-563003-19014G-RPENGN For additional information contact: TOTAL: $120,605.34 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 18 of 23 St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. • Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 22322 PO Number: P2910883 Creech Engineers Inc (PO number must appear on all documents and packages) PO BOX 327 Issue Date: 11 /10/08 Stuart FL 34995 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2950893 Land Surveying 1.00 EA 13,140.4000 13,140.40 Sneed Rd. Emergency Culvert Replacement @ NSLRWCD C64 TROPICAL STORM FAY C07-07-386, WA 04, BD: 10/28/08 Survey B-09-101-4115-563003-19014A-RPENGN Engineering 1.00 EA 40,141.6000 40,141.60 Save as above Engineering B-09-101-4115-563005-19014A-RPENGN Reimbursements 1.00 EA 3,500.0000 3,500.00 Same as above Reimbursables B-09-101-4115-563021-19014A-RPENGN For additional information contact: TOTAL: $56,782.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 19 of 23 St. Lucie County Board of County Commissioners PAGE: 1 A 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 32902 PO Number: P2910882 Miller Legg, Inc. (PO number must appear on all documents and packages) 749 S.E. Port St Lucie Blvd Port St Lucie FL 34984 Issue Date: 11/10/08 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2950885 Land Surveying 1.00 EA 7,749.4300 7,749.43 Sneed Rd. @ C67 Emergency Culvert Replacement C07-07-387, WA 3, BD: 10/28/08 TROPICAL STORM FAY B-09-101-4115-563003-19014B-RPENGN Engineering 1.00 EA 33,328.9200 33,328.92 Same as above Engineering B-09-101-4115-563005-19014B-RPENGN Reimbursements 1.00 EA 17,815.8000 17,815.80 Same as above Reimbursables B-09-101-4115-563021-19014B-RPENGN For additional information contact: TOTAL: $58,894.15 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to aU terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 20 of 23 St. Lucie County Board of County Commissioners PAGE: 1 I R�- 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax:(772) 462-1704 PURCHASE ORDER Vendor: 32902 PO Number: P2910791 Miller Legg, Inc. (PO number must appear on all documents and packages) 749 S.E. Port St Lucie Blvd Port St Lucie FL 34984 Issue Date: 10/31/08 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2950789 Land Surveying 1.00 EA 11,040.0000 11,040.00 Calmoso Drive Emergency Culvert Replacement TROPICAL STORM FAY C07-07-387, WA 02, bd: 10/14/08 Survey B-09-101-4115-563003-19014E-RPENGN Engineering 1.00 EA 36,110.0000 36,110.00 Same as line 1 Engineering B-09-101-4115-563005-19014E-RPENGN Reimbursements 1.00 EA 19,226.0000 19,226.00 Same as line 1 Reimbursables B-09-101-4115-563021-19014E-RPENGN For additional information contact: TOTAL: $66,376.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption; 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 21 of 23 i, AP x St. Lucie County Board of County Commissioners PAGE: 1 + 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 - Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 19274 PO Number: P2910726 Dunkelberger Engineering & Testing Inc (PO number must appear on all documents and packages) 607 NW Commodity Cove Issue Date: 10/28/08 Port St. Lucie FL 34986 Delivery Date: 09/30/09 Please send invoices to: Ship these items to: St. Lucie County Finance Department Public Works/Engineering 2300 Virginia Ave. 2300 Virginia Ave., Room 229 Ft. Pierce, FL 34982-5652 Roger Poitras 2nd Floor Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2950745 Testing 1.00 EA 7,500.0000 7,500.00 Sneed Rd. @ C68 Emegency Culvert Replacement Tropical Storm Fay - Soil Testing C07-07-454, WA 12 B-09-101-4115-563009-19014C-RPENGN For additional information contact: TOTAL: $7,500.00 Barbara Meinhardt 772-462-1708 Federal Employers Identification: 59-6000835 Barbaram@stlucieco.gov State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 22 of 23 -, St. Lucie County Board of County Commissioners FADE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 18652 PO Number: P2911028 C&H Baseball & Metals Inc (PO number must appear on all documents and packages) 2215 60th Drive East Issue Date: 11 /26/08 Bradenton FL 34203-5038 Delivery Date: 11 /27/08 Please send invoices to: Ship these items to: St. Lucie County Finance Department Sports Complex-Mets Stadium 2300 Virginia Ave. 527 N.W. Peacock Blvd. Ft. Pierce, FL 34982-5652 Port St. Lucie FL 34986 ATN: Parks & Recreation/Sport Description Quantity U/M Unit Price Extended Price Requisition #: R2951053 Replace and Install missing windscreens 1.00 EA 19,896.6700 19,896.67 Near Major League Outdoor Tunnels 3'6" x 40'8' Batting Tunnels-6 pak replace bottom cables and cables holding windscreen 6'x44',3'4"x44' Mini field 4'4'x 59'211,7'21lx34' Field #2 behind dugouts - 4'6"x60' Backstop V x140', first base line 62'x4' Third base line 7'41lx46'5"-Qty 2 5'711x396' stadium end above CL fence Field #4 41x219" Gate, 4'x60'8" Back stop, 41x29' back stop Field #5 712"xi10' by 12 pack, 712" x20' gate Field #6 4'x30'101'-Backstop 4'x9'411-Backstop Field #7 4'x391611, 41x3012", 41x2014", 41x4110" Between field 6&7 5'6"x18'5", 518"x18'10" Player Parking lot 3141lx50'-Qty 2, 7'611x3001, 7'6"x300' Main stadium -backside of batters eye replace pieces that were blown out (301x901) B-09-461-75201-546300-19014-LSSPCX For additional information contact: TOTAL: $19,896.67 Pamela Medina 772-871-5476 Federal Employers Identification: 59-6000835 medinap State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side Purchasing Director VENDOR COPY Page 23 of 23 ITEM NO. VI-F2 DATE: 1120/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Marie douin, Director SUBJECT: Board approval to reject all responses and re -advertise Request for Qualification 09-003; Professional Engineering Services -Traffic and Transportation BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102-1510-531000-100 — Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to reject all responses and re -advertise Request for Qualification 09-003; Professional Engineering Services — Traffic and Transportation COMMISSION ACTION: ( APPROVED O DENIED () OTHER Approved 4-0 Comm. Craft Absent County Attorney (X) L.,a1 e Growth Mgmt. (X) tatttterlee Coordination/Signatures Mgmt & Budget (X) 1,J -b )r15ci,\ Other CONCURRENCE: Faye W. Outlaw, MPA County Administrator Purchasing (X) � \ C Desiree Cimino Finance (✓ for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Marie Gouin, Management and Budget Director DATE: January 20, 2009 RE: Board approval to reject all responses and re -advertise 09-003 Professional Engineering Services — Traffic and Transportation. Background: Request for Qualification 09-003 Professional Engineering Services — Traffic and Transportation was issued October 19, 2008, and closed November 19, 2008; eighteen submittals were received in response to the Request for Qualification. On November 25, 2008, at the Informal Board meeting, the Board requested the Management and Budget Department/Purchasing Division to revise the Request for Qualifications Evaluation Form; the request was due to concerns on the St. Lucie County and non -St. Lucie County experience. On December 12, 2008 the Board approved the revised Request for Qualifications Evaluation Form; the approved revisions were not incorporated in RFQ 09-003, therefore staff is seeking permission to reject all responses and re -advertise the Request for Qualifications for Professional Engineering Services — Traffic and Transportation with the Board approved revisions. Recommendation: Staff recommends Board approval to reject all responses and re -advertise Request for Qualifications 09-003 Professional Engineering Services — Traffic and Transportation. ITEM NO DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Purchasing Division VI-F3 1 /20/09 PUBLIC HEARING ( ) CONSENT ( X ) PRESENT BY: Marie Gouin, Director SUBJECT: Board approval to award Invitation to Bid (ITB) Bid #09-007 Taylor Dairy Road and St. Lucie Boulevard Force Main Extension, Phase I, according to the attached tabulation of the lowest responsive, responsible bidder H & D Construction of Fort Pierce, Florida in the amount of $160,352.50. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 140360-4220-563005-48004 (FDEP Grant)- Infrastructure/Construction Engineering PREVIOUS ACTION: B.O.C.C. recommended approval for permission to advertise, 10/09/07, Agenda Item C9-B. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid (ITB) Bid #09-007 Taylor Dairy Road and St. Lucie Boulevard Force Main Extension, Phase I, according to the attached tabulation of the lowest responsive, responsible bidder H & D Construction of Fort Pierce, Florida in the amount of $160,352.50 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED () DENIED O OTHER Approved 4-0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator (1-0 Coordination/Signatures r. County Attorney (X) i Mgmt & Budget (X) Purchasing (X) Dan fgKeo-Ao (q{ nNUA/ Desiree McIntyre ` Cimino Airport (X) ' ".__ _.� Utilities (X) Finance (J for copy only if applicable) Diana Lewis La rie Case TO: Board of County Commissioners FROM: DATE: '__� A A Marie Gouin, Management and Budget Director January 20, 2009 RE: Board approval to award Invitation to Bid (ITB) Bid #09-007 Taylor Dairy Road and St. Lucie Blvd. Force Main Extension, Phase I, according to the attached tabulation of the lowest responsive, responsible bidder. Background: Bid #09-007 was issued November 2, 2008 the bids were opened December 3, 2008. Four hundred and sixteen firms (416) were notified, thirty-eight (38) bids were issued, and sixteen (16) bids were received. The lowest responsive, responsible bidder is H & D Construction of Fort Pierce, Florida in the amount of $160,352.50.00. Bid #09-007 includes the purchase and installation of approximately 3,700 lineal feet of 8" diameter force main; 3,400 lineal feet of 6" diameter force main; 75 lineal feet of 8" diameter HDPE and 585 lineal feet of 6" diameter HDPE force main; three (3) manual air release valves; all appurtenances as required by the Florida Department of Environmental Protection, Fort Pierce Utilities Authority and the St. Lucie County Utilities Department; and all restoration. Recommendation: Staff recommends Board approval to award Invitation to Bid (ITB) Bid #09-007 Taylor Dairy Road and St. Lucie Boulevard Force Main Extension, Phase I, according to the attached tabulation of the lowest responsive, responsible bidder H & D Construction of Fort Pierce, Florida and authorization for the Chairman to sign the contract as prepared by the County Attorney. MG/dc 2/ 22 §} 2N q § § \ }\}\\}k\\\\\\\k]\ } }x } \\\\k\\\�\\\\(�\ s;S.o-8 ;l6p�-a§q!##}e§ ■§;a@a ; :- 1. 1 � ;5-.1's \}} ■¥;4;a@@l122j } ; a■ �;f � }) \\\j\j ;Lk |4;£@#■@k;;# ! It z u - '�N■-= -- ]\\|]]}e\ )\\\}\\\\\k\01- \ 02 �] \2k2kE\22}} } - 6\\� )| ] © 1� - @ 'i 6 iZ 6 & � }}}k\j}'� _m 0 0k ; ------.2 A-2 2 _ )falal=t)=ar -2!!s li ] - § ---- ---=�«e4t, ||!{!!_�! ). 102 I §� (§ IS. 7. �\\\\\\}j■®\\\\ ; }/ \\\\\\\\\\\ Ri10 E##®!#R7§ ,! sN �\- *� )! \10&&§k%\\�k[\2} ) - . . \ �\\\!!\\\\\\\j\§\ 202 Desiree Cimino From: Raymond Murankus Sent: Wednesday, January 07, 2009 1:59 PM To: Diana Lewis Cc: Laurie Case; Edie Powell; Desiree Cimino; 'Masteller & Moler, Inc.'; 'Dave Mellert' Subject: RE: Airport West Commerce Park Sanitary Sewer Diana, Thank you for the E-mail. I will ask Desiree to prepare the BOCC package requesting permission to accept H&D Construction, the low bidder of bid #09-007 at $160,352.50, as the contractor to construct the force main. Ray From: Diana Lewis Sent: Wednesday, January 07, 2009 12:20 PM To: Raymond Murankus; Laurie Case; Edie Powell Subject: Airport West Commerce Park Sanitary Sewer I did not get a response from DEP to my e-mail on the award of the bid so I called Tommy Williams today. He said that he doesn't not need to approve anything and that when we certify the project, we are stating that we have all the files documenting the process and what was done. So, please move forward with awarding the contract. Thanks. Diana D. Lewis, A.A.E. Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 (772)462-1732 Plurs.^ Note: FioriCa has very bread public records laws. Most . rit en communications o or from County officials regarding County business are public reccro's available to the public and media upon request. it is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and cr copyng. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-naafi and delete all materials frorn all cornputers. Pleame Note: Florida has eery broad pubiit, records laws. "'Alost vid"ten comrnu'licalions to or from county officials mgarding County business are public records availab e to the public and inedia upon request. it is the policy of St. Lucie County hit all County records shall be open for personal inspection, examinat-ion and ^r copying. Youe-rnaii communications aoill be subject to public disclosure unless an, exemp'iion applies to the communication, If you received this email in error. pieast; notify the; sendrr by reply e-mail a,�d de:iete ell marena s from a!)romouters. O � t a N W U o a, � c a) a=.+ y N O .O O C L � L _O O o M O � L ,N a � V L O � tQ E E O 0 U -p � O O �ii E Q O +-• (a H O �■■� c.i 0 0 w O O C m C V E E L J L � 4 co o io 3 L3 TO: AGENDA REQUEST ITEM NO. VI - G Board of County Commissioners DATE: January 20, 2009 REGULAR( ] PUBLIC HEARING [ ] CONSENT [X ] SUBMITTED BY (DEPT): Grants and Disaster Recovery PRESENTED BY: William Hoeffner, Director4w SUBJECT: Authorize the County Administrator to sign documents associated with the St. Lucie County Development Permit Application to allow for the National Navy UDT-SEAL Museum to install a new sidewalk and memorial area. BACKGROUND: Since the County owns the property where the National Navy UDT-SEAL Museum is located, the County Administrator is required to sign any permit application. This agenda item would allow for the Board to review the proposed improvements and authorize the County Administrator to sign any documents associated with the permit application. The application is for a Minor Adjustment to a Major Site Plan. Due to the size of the project, the application will be reviewed by the Growth Management Development Review Committee (DRC) and will not require final approval by Planning and Zoning or the BOCC. The National Navy UDT-SEAL Museum has been fundraising for this specific project and plan to have it completed by the 2009 Veteran's Day Muster. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On September 2, 2008, the BOCC approved a $100,000 Art in Public Places grant to the SEAL Museum for the memorial sculpture. RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to sign any documents associated with the Development Permit Application for the new sidewalk and memorial area at the National Navy UDT-SEAL Museum. COMMISSION ACTION: APPROVED [] DENIED [] OTHER: Approved 4-0 Comm. Craft Absent Review and Approvals County Attorney: Daniel McIntyre Originating Dept: William HoeffneW CONCURRENCE: Faye W. Outlaw, MPA County Administrator Management & Budget:.Senn,ker t-Wl —*J2 Other: Patty Marston ST. LUCIE COUNTY GRANTS/DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Jody Bonet, Cultural Affairs Manager SUBJECT: Consent Agenda Item VI = G Development Permit Application for the National Navy UDT-SEAL M-useum new sidewalk and Memorial area DATE: January 20, 2009 The National Navy UDT-SEAL Museum has been fundraising for a new memorial area to honor the SEALS that have lost their lives during wartime. The proposed area will be located south of the main building within the existing fence area. Since the County owns the property the Museum is located upon, the County Administrator is required to sign the permit application documents. Since the permit is for a Minor Adjustment to a Major Site Plan, the project will only have to go the St. Lucie County Development Review Committee for review. Thus, this will be the only opportunity for the BOCC to review and comment on the proposed project. On September 2, 2008, the Board of County Commissioner authorized a grant of $100,000 to the National Navy UDT-SEAL Museum to be used for the sculpture that will be the center piece of the memorial area. The SEAL Museum will be responsible for raising the remaining funds to construct this memorial project. Culpepper and Terpening, Inc have been assisting the SEAL Museum with the required permit documents. Please find the attached site plan and application for review. Staff Recommendation: Board approval for the County Administrator to sign the required documents associated with the St. Lucie County Development Permit application for the National Navy UDT-SEAL Museum for the new sidewalk and memorial area. p\ p Z LO 0 LEI D.. (n W O. U 0 w M o z o z LO C a c) a CD LL ROAD 1 ASPHALT SURF a J + M S X NGgv S15•�q 49 56282 ;.,o>—� `" '.c�3 / o can) ot n ¢.m , •. d E i,Di ac cn2, `� t: 00 OD IX \/ rrzo� , ago Q 1 Z - Ln N�554��z�Qk'4 a ¢ � Q �3693� �" ¢ 03 Xo�crM �m3 zt tai� We c' �Z N Wm �` �� cn�S g w t ce 11 m¢Ncn %,• ILCU —o (� W W� a q� � oe•�f � �'�-: CLN� v~io�_ 4:¢c•T—W � : g�M1M wr 23+ I�,v, a 31VO Y m � ci sn - m W o N, , r N�6.39 09 W 462 6�, 0 0 •9 N�6 3 6� A1� oPo° oNg w o rf R P 5 N-��l , ✓ _ z � slE OR\0 OOv A FL GCE p, w ,Z 1 �' OF LV �95 _ � S� P P, PPR 4,23 0 Ln CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS December 19, 2008 VIA: Hand Deliver Mr. Doug Anderson County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Sender's Email: jadair�ilc ,ct-eng.com RE: Pepper Park/Navy Seal Museum — Memorial Statue and additional Sidewalk Dear Mr. Anderson: Job 92-07.1 We are working with the Navy Seal Museum in order to get site plan approval for a memorial statue and additional sidewalk for their facility. The property is located just south of Pepper Park and we have been advised that St. Lucie County is the land owner for this property. We will need your signature on page 5 of the enclosed application to begin the St. Lucie County approval process. I have attached a copy of our proposed Site Plan for your reference. When the application form has been executed please let me know and we can have a courier pick it up. Thank you for your assistance with this issue. Should you have any questions, please feel free to contact our office. Sincerely, :ULPE R & TERPENING, INC. ohn A , E.I., 'roj.e,et' Manager RECEIVED JAN 0 5 2009 CO. ADMINISTRATION RECEIVED DEC 192008 CO. ADMINISTRATION C:\Documents and SettingAiadair\Local Settings\Temporary IntegetLFoe�46W}07 L�-s @Op*qdyrEon AWgpplEc 01If3I.0-og N C E 2980 SOUTH 25TH STREET FT. PIERCE, FL 34981 (772) 464-3537 FAX: (772) 464-9497 AAIi,�111�mA1 ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 co.st-lucie.fl.us/growth DEVELOPMENT APPLICATION Prior to submittal, all applications require a completeness review. Please contact the Growth Management Department to schedule an appointment. Submittal Type (check each that applies] Site Plan Variance 13 Major Site Plan ® Variance 0 Minor Site Plan ® Variance to Flood Damage Prevention ® MaJjor Adjustment to Major Site Plan ® Variance to Coastal Setback Line Major Adjustment to Minor Site Plan E3 Major Adjustment to PUD/PNRD/PMUD El Minor Adjustment to Major Site Plan 13 Minor Adjustment to Minor Site Plan 0 Minor Adjustment to PUD/PNRD/PMUD Planned Development 0 Planned Town or Village (PTV) 13 Planned Country Subdivision (PCS) 0 Planned Retail Workplace (PRW) 0 Prelim. Planned Unit Develop. (PUD) 0 Prelim. Planned Mixed Use Develop. (PMUD) 0 Prelim. Planned Non -Res. Develop. (PNRD) 13 Final Planned Unit Develop. (PUD) 13 Final Planned Mixed Use Develop. (PMUD) 0 Final Planned Non -Res. Develop. (PNRD) Conditional Use' E3 Conditional Use Major Adjustment to a Conditional Use Minor Adjustment to a Conditional Use Rezoning s ® Rezoning (straight rezoning) ® Rezoning (includes PUD/PNRD/PMUD) ® Rezoning with Plan Amendment Comprehensive Plan Amendment 4 ® Future Land Use Map Change Comprehensive Plan Text Amendment Other Class A Mobile Home s ® Electrical Generation Plants ® Extension to Development Order ® Historical Designation/Change 6 ® Land Development Code Text Amendment ® Plat ® Resubmittal # 8 ® Stewardships — Sending/Receiving ® Telecom Tower (Submit per LDC 7.10.23) ® Transfer of Development Rights • Waiver of Parking Standards Application Supplement Packages 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Resubmittal 3. Rezoning 6. Historical Designation/Change Refer to Fee Schedule for applicable fees. For an application to be determined complete all required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 20, 2008 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type: Minor Adj to Major Site PI Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) IM BASE REVIEW FEE: 625.00 0 CONCURRENCY FEE: 13 ERD REVIEW FEE: 0 PER ACREAGE CHARGE: p RESUBMITTAL FEE: (if applicable) $ _ El PRE -APPLICATION MEETING FEE: $( 250.00 Receipt No. of Payment: 7-71 Date of Pre App: 10/09/2008 TOTAL APPLICATON FEES DUE: $ 375.00 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code p $950.00 — Methodology Meeting (if Applicable — for Major Site Plans and PUD only) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will also be required to pay St. Lucie County Growth Management for the actual cost of ad and mail notices, and will be re onsible for creation and placement of signage, including all costs associated. / Michael R. Howard �%/l. ®� ✓ . . Applicant Name (Printed Page 2 of 6 Revised June 20, 2008 -e -- i i Signature of appl Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: El Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 9 copies) 0 Aerial Photograph — property outlined (available from Property Appraiser's office El Property Deed E3 Legal description, in MS Word format, of subject property C] Property Tax Map — property outlined (electronic copy not required) X3 Survey El 2 CDs of all documents submitted - with files named according to the Required Document Naming List. (attached) ® Concurrency Deferral Affidavit (Prelim. Development Orders only); or ® Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to 'the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: X; Site Plan 24"x36" at a scale of 1 "=50' (10 copies- folded, not rolled) • Boundary Survey — Signed and Sealed (1 original and 9 copies) • Topographic Survey — Signed and Sealed (1 original and 9 copies) El Landscape Plan — Signed and Sealed (1 original and 9 copies) 0 Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) 13 Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: 13 Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) 0 Updated Traffic Analysis if applicable 13 Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised June 20, 2008 Project Information Project Name: Pepper Park/UDT Site address: 3305 N. A-1-A, St. Lucie County, FL Parcel ID Number(s): 1425-220-0001-000/1 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) I see attached Property location — Section/Township/Range: 25/34S/40E Property size — acres: 12.218 Square footage: 11,648 SF Future Land Use Designation: Frst Parks Zoning District. CPUB (Public conservation) Description of Droiect: The addition of a sidewalk and a memorial statue. (Attach additional sheets if necessary) Type of construction (check all applicable boxes): 13 Commercial Total Square Footage: Existing Proposed: ® Industrial Total Square Footage: Existing Proposed: Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: X Other Please specify: Sidewalk and memorial statue Number and size of out parcels (if applicable): Page 4 of 6 Revised June 20, 2008 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property wner Signature Property Omer Name (Printed) Mailing Address: St. Lucie County Phone: 772-462-1450 If more than one owner, please submit additional pages 2300 Virginia Avenue, Ft. Pierce, FL, 34982-5652 STATE OF Florida , COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this day of , 20 by Signature of Notary who is personally known to me or who has produced as identification. Commission Number Page 5 of 6 Revised June 20, 2008 (Seal) Type or Print Name of Notary Required Document Naming List All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. pdf or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF UtiIiity.pdf Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised September 2, 2008 a AGENDA REQUEST ITEM NO. IV-191+ DATE: January 20, 2009 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Economic Development/a"., Oct.,f Larry D um, Economic Development Manager SUBJECT: Request Board approval to accept the 1st Quarter Economic Development Council's report on the accomplishments in October, November and December 2008 as fulfilling the requirements of the contract. BACKGROUND: Please see attached memo. FUNDS AVAILABLE: 666-1515-582000-100 and 001-1515-582000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the approval of this 1st quarter interim report by the EDC and the continued pursuit of economic growth in the County. COMMISSION ACTION: CONCURRENCE: APPROVED 0 DENIED 0 OTHER: Approved 4-0 Comm. Craft Absent Faye W. Outlaw, MPA County Administrator Review and Approvals „ten County Attorney: �_ —441gd Management & Budget: Originating Dept: "� Other: pk'a-�-;AMN4MA.itOther: Finance: (Check for Copy only, if applicable) GwuI'A Purchasing: Effective: 5/96 Economic Development MEMORANDUM TO: Board of County Commissioners FROM: Larry Daum, Economic Development Manager � k) DATE: January 20, 2009 SUBJECT: Request BOCC approval to accept the 1" Quarter Economic Development Council's report on the accomplishments in October, November and December 2008 as fulfilling the requirements of the contract. This requests BOCC approval to accept the ls` Quarter Economic Development Council's report on the accomplishments in October, November and December 2008 as fulfilling the requirements of the contract. In October 2008, the County entered into a partnership contract with the EDC to facilitate economic development in the County from October 1, 2008 to September 30, 2009. The EDC was to receive a quarterly fee of $62,500 for providing this service after completion of an interim report detailing the quarterly activities to achieve the goals and objectives as outlined in the contract. The interim report is attached for the period October, November and December 2008, which shows that the goals and objectives as outlined in the contract are being met. Staff recommends the approval of this 1 S` Quarter Interim Report by the EDC and the continued pursuit of economic growth in the County. Economic Development Council of St. Lucie County, Inc. Activities Report — Fiscal Year 2008-09 Q1 RECRUITMENT During the first quarter of FY 2008-09 active recruiting efforts include: Recruitment activities included meetings with six companies visiting potential sites for projects in Florida. EDC is continuing to follow up with all prospective companies. Requests for JGIG for two relocations were submitted to the county. Two companies gave tentative commitments to locate in St. Lucie County. BUSINESS RETENTION AND EXPANSION EDC continued working with companies already located within the company. • Liberty Medical / Medco Health Solutions, Inc. The EDC assisted Liberty in applying for a significant training grant from the state as well as training and recruitment assistance from Indian River State College. At the end of the first quarter of fiscal year 2008-09, Liberty made a tentative decision to remain and expand in the county. An official announcement was approved for January 6, 2009. • Ross Mixing, Inc. — adding ten jobs; the EDC continued to work in collaboration with Planning & Zoning and the City Council of Port St. Lucie to resolve obstacles to their expansion plans. The expansion will allow Ross to grow their workforce to approximately 35 employees. • A manufacturer in Fort Pierce with expansion plans to add 50-75 high -wage jobs to their existing 44 employee workforce. • Retaining an existing Fort Pierce business to move into new facilities within St. Lucie rather than Martin County. This company currently employs 15 people in technical jobs. • An existing Fort Pierce business looking for new facilities, incentives or assistance available to keep them in St. Lucie County, The EDC offered assistance to locate a facility in their price -range. • Meeting held by EDC and County Administrator with Pursuit Boat company to offer assistance with economic downturn. The EDC staff continues to develop relationships with the staffs at the county and cities to better assist new and existing businesses as their needs arise. MEMBER RELATIONS Respond to all inquiries for membership providing information and follow-up. During first quarter of FY08-09, five companies joined the EDC; maintaining private revenue of $401,000. In collaboration with Indian River State College's Community & Corporate Training Institute three Lunch & Learn workshops were held in October through December, bringing the total to ten workshops in 2008. The workshops were presented by EDC members and attended by approximately 375 entrepreneurs and local business owners to gain an understanding of the realities of business ownership and challenges of entrepreneurship. COMMUNICATION EDC staff routinely meets with the mayors, council members and administrative staff of both cities, and commissioners and staff at the County to make sure lines of communication are open and that the EDC is a constant resource for both cities and the County. We are also in close and constant communication with the St. Lucie County School Board. Retained a public relations firm to assist in media strategies and in promotion strategy for the county as well as the TCERDA research park. S:\Admin\EDC_Activities_Report_FY_08-09_Q 11.doc Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Boulevard Suite 205 Port St. Lucie, FL 34986 Bill To St. Lucie County Doug Anderson 2300 Virginia Avenue Fort Pierce, FL 34982 Invoice Date Invoice # 1/7/2009 675 P.O. No. Terms Project Quantity Description Rate Amount Investment Partnership (FY 08-09 $250,000) quarterly invoice for Oct - Dec 2008 62,500.00 62,500.00 Total $62,500.00 AGENDA REQUEST ITEM NO. VII-A DATE: January 20, 2008 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 09-003 (formerly No. 08-031) - Amending the Land Development Code to add the definition of Fall Radius; to amend Section 7.10.23(M)(1), Setbacks and Sections 7.10.23(N)(3), Separation Requirements for Telecommunications Tower Height General Requirements and Minimum Standards BACKGROUND: See CA No. 09-0025 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on September 9, 2008. The revision was heard by the Planning and Zoning Commission on October 16, 2008 and approved unanimously. A copy of the minutes are attached. (See Item E, page 11). The first public hearing was heard on January 6, 2009. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 09-003 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Craft Absent Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management 8 Budget: [ ]Purchasing: Daniel McIntyre [ ] Road B Bridge.: [) Parks Et Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney V11 C.A. NO: 09-0025 DATE: January 20, 2009 SUBJECT: Ordinance No. 09-003 (formerly No. 08-031) - Amending the Land Development Code to add the definition of Fall Radius, to amend Section 7.10.23(M)(1), Setbacks and Section 7.10.23(N)(3), Separation Requirements for Telecommunications Tower Height General Requirements and Minimum Standards Ordinance No. 09-003 will change Section 7.10.23(N)(3) Table 7-40 as shown below: Table 7-40 From any habitable residential structure 750 feet or 200% of telecommunications {except for accessory security residences tower height, whichever is greater in IL, IH and U zoning districts From the property line of vacant 750 feet or 200% of telecommunications residentially zoned land tower height, whichever is greater From any non -residentially zoned land Fall radius or zoning setback, whichever and accessory security residences in IL, IH is greater and U zoning districts i. Separation measured from base of telecommunications tower to closest building setback line. Permission to advertise was granted by Board of County Commissioners on September 9, 2008. The revision was heard by the Planning and Zoning Commission on October 16, 2008 and approved unanimously. A copy of the minutes are attached. (See Item E, page 11). The first public hearing was heard on January 6, 2009. Staff recommends that the Board adopt the attached Ordinance No. 09-003 and authorize the Chairman to sign the Ordinance. KMS/cb Attachment H:\KMS-BCC-08-031-2ndReading.wpd ORDINANCE NO. 09-003 formerly Ordinance No. 08-031 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ADD THE DEFINITION OF FALL RADIUS; TO AMEND SECTION 7.10.23(M)(1), SETBACKS; AND SECTION 7.10.23(N)(3), SEPARATION REQUIREMENTS FOR TELE- COMMUNICATIONS TOWER HEIGHT; GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND APPLICABILITY, INCLUSION IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AN EFFECTIVE DATE WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly becoming available, requiring land use facilities that impact planning and zoning concerns in St. Lucie County ("County") and throughout the United States; and WHEREAS, Florida law as applicable to the County's authority to regulate the siting of wireless telecommunication facilities has been amended; and WHEREAS, it is the County's intent to establish standards in compliance with applicable federal and state laws; and WHEREAS, the County finds that it is in the public interest to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, and WHEREAS, the County has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications towers and antennas within the County boundaries and is authorized by federal, state and local law to regulate the siting of such telecommunications towers and antennas; and WHEREAS, it is the intent of the County to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications service providers or providers of functionally equivalent services on a neutral and nondiscriminatory basis; and Strwek through portions are deleted. Underlined portions are added. Page 1 of 40 WHEREAS, the purpose and intent of this Ordinance are to establish appropriate locations, and, further, to develop the requirements and standards to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, with due consideration to the County's comprehensive plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, it is the intent of this Ordinance to encourage collocation between wireless telecommunications service providers and to enhance the ability of the providers to provide such services to the County through an efficient and timely application process pursuant to Fla. 5tat. § 365,172 as amended; and WHEREAS, any antennas and related equipment to service the antennas that are being collocated on existing above ground structures are not subject to land development regulation pursuant to Fla. 5tat. 5 365.172, provided the height of the existing structure is not increased; and WHEREAS, through these regulated standards, it is the intent of the County to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such a manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by encouraging collocation and shared use of new and pre- existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques; and WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-21 - November 7, 1991 93-01 - February 16,1993 93-05 - May 25, 1993 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 Page 2 of 40 ss*r�e4f *kpm- [h portions are deleted. Underlined portions are added. 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07- January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-22 July 18, 2006 06-30 - September 12, 2006 06-40 - August 1, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-15- May 1, 2007 07-17 - June 5, 2007 07-32 - November 6, 2007 08-04 - March 11, 2008 08-08 - June 17. 2008 08-12 - September 9. 2008 08-25 - September 16, 2008 WHEREAS, on October 16, 2008, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on January 6, 2009, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on December 12, 2008; and WHEREAS, on , this Board held its second public hearing on the proposed ordinance after publishing a notice of such hearing in the Tribune on January 10, 2009; and #rtielt#k►reagh portions are deleted. Underlined portions are added. Page 3 of 40 WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of St. Lucie, Florida that: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS INCLUDE: ****************** CHAPTER II SECTION 7.10.23 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS A. PURPOSE: The purpose of this section is to establish regulations and requirements for the siting of wireless telecommunications facilities. All new towers or antennas in the County shall be subject to these regulations, except where specifically excluded. The section is intended to accomplish the following: 1. Protect and promote the public health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas and land uses; 3. Encourage and promote the location of towers in nonresidential areas, where the adverse impact on the community is minimal; 4. Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single -use towers; 5. Encourage and promote users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the Struek-thretigh portions are deleted. Underlined portions are added. Page 4 of 40 telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and 6. Minimize potential damage to property from wireless telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained and in compliance with all requirements of the Building Code applicable to similar structures; and 7. Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the County will at all times give due consideration to the County's Comprehensive Plan, zoning maps, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers and antennas. S. DEFINITIONS As used in this Section, the following terms will have the meanings set forth below, and will have control over any other definitions contained in the County's Code: 1. "Accessory Use" means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and or telecommunications tower is sited. 2. "Alternative, Camouflage or Stealth Tower or Antenna Structure" means a design mounting structure that encloses, obscures or conceals the presence of an antenna or telecommunications tower (for example, man-made trees, clock towers, bell steeples, light poles, utility poles and similar alternative designs.) 3. "Antenna" means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in wireless telecommunications services that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations. _r4*P­_-e�c*61°eagh portions are deleted. Underlined portions are added. Page 5 of 40 4. "Applicant" [owner, licensed contractor, and/or lessee) means a person or entity with property owner authorization, with an application before the County for a permit for a wireless service facility. 5. "Broadcasting Facility" means any telecommunications tower built primarily for the purpose of broadcasting AM, FM or television signals. b. "Building -permit Review" means a review for compliance with building constructions standards adopted by the County under Chapter 553 and Chapter 13 of the County Land Development Code and does not include a review for compliance with land development regulations. 7. "Carrier" means a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide wireless services. 8. "County" means the County of St. Lucie, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. 9. "Collocation" means the situation when a second or subsequent wireless carrier use an existing structure to locate a second or subsequent antennas. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antenna. 10. "Equipment Building' means the cabinets, shelter, building or other such structure which contains the electronic equipment used in the operation of the antenna. Unless, the context indicates otherwise, the term includes generators, generator fuel supplies, cable connections and supports electrical panels and similar accessory components. 11. "Essential Services" means those services provided by the County and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue. 12. "Existing Structure" means a structure that exists at the time an application for permission to place antennas on a structure is filed with the County. The term includes any structure that can structurally support the attachment of antennas in compliance with applicable codes. Struek threugK portions are deleted. Underlined portions are added. Page 6 of 40 13. "FAA" means the Federal Aviation Administration. 14. "Fair Market Value" means the price at which a willing seller, or telecommunications tower owner, and willing buyer, or service provider seeking to rent space on owners' telecommunications tower, will trade. 15. "Fall Radius" means the distance measured from the center of the base of a tower_ which defines the maximum circular area into which the tower or any part of a tower may fall in case of structural failure. 4616. "FCC" means the Federal Communications Commission. 46:17. "Guyed Tower" means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors. 1-7:18. "Height" when referring to a telecommunications tower or other related structure, means the vertical distance measured from the finished grade of the parcel to the highest point on the telecommunications tower or other related structure, including the base pad and any antenna. 4$19. "Historic Building, Resource, Structure, Site, Object, or District" means any building, resource, structure, site, object, or district that has been officially designated as a historic building, historic resource, historic structure, historic site, historic object, or historic district through a federal, state or local designation program. 49:20. "Land Development Regulations" means any ordinance enacted by the County for the regulation of any aspect of development, including zoning, subdivisions, landscaping, tree protection, or signs, the County's comprehensive plan, or any other ordinance concerning any aspect of the development of land. The term does not include any building construction standard adopted under and in compliance with Chapter 553. 2$:21. "Lattice Tower" means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports. 2:22 "Microwave Dish Antenna" means a dish -like antenna used to link telecommunications sites together by wireless transmission and/or receipt of voice or data. r#rtrelt*kre— t portions are deleted. Underlined portions are added. Page 7 of 40 2-2-.23. "Monopole Tower" means a telecommunications tower consisting of a single pole or spire self -supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. 2324. "Pre -Existing Towers and Pre -Existing Antennas" means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued and finalized prior to the effective date of this Ordinance, including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired. 2 25. "Search Area" means the geographic area, in which a telecommunications facility must be located in order to provide coverage of the applicant/tenant's designed service areas certified by an affidavit of a Radio Frequency Engineer_ 2-5:26. "Whip Antenna" means a cylindrical antenna that transmits signals in 360 degrees. 2-6.27. "Wireless Telecommunications Service" means "commercial mobile radio service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 5tat. 312. The term includes service provided by any wireless real-time two-way communication device, including radio -telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio -telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored -voice services on an interconnected basis; providers of air -to -ground services; or public coast stations. 24-2_8. "Wireless or Telecommunications Tower" means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving wireless telecommunications services, telephone, radio and similar communication purposes, including lattice, monopole and guyed telecommunications towers. Unless otherwise expressly excluded, the term includes transmission telecommunications towers, microwave telecommunications towers, common - carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others. 5#waelt-#kp^att rlt portions are deleted. Underlined portions are added. Page 8 of 40 2-8-.29. "Wireless Communications or Telecommunications Facility" means any equipment or facility used to provide wireless telecommunications service and may include, but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Such definition shall not include facilities of a governmental entity where such facilities are utilized to provide intra-governmental communications, not generally available to the public, to protect the health, safety and welfare of the public, including but not limited to the South Florida Water Management District. C. GENERAL: 1. Telecommunications towers may be located as a permitted use in the "AG-5" Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility Zoning Districts subject to the requirements of to Section 7.10.23. Telecommunications towers may be located as a conditional use, subject to the requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning districts. 2. Telecommunications towers may be located as a permitted use on the same property as another use. A different existing use on the same lot or parcel that is proposed to have a telecommunications tower located on it shall not preclude the installation of that telecommunication tower if the other requirements of this section can be met. 3. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only Antennas. This Ordinance will not govern any telecommunications tower, or the installation of any antenna, that is for the use of a broadcasting facility or is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receiving only antennas. 4. Collocation of telecommunications antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunications towers. Accordingly, each application shall include a written report certified by a professional engineer licensed to practice in the state of Florida, stating that the applicant has reviewed the County's inventory of existing towers, antennas and approved sites within the search area for collocation opportunities on an existing site, and that no existing tower or structure within 1/2 mile of the proposed site Struck thredglt portions are deleted. Underlined portions are added. Page 9 of 40 can accommodate, or be modified to accommodate the applicant's proposed facility. 5. Inventory of Existing Sites: a. Each applicant shall review the County's inventory of existing towers, antennas, and approved. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed telecommunications tower. No new telecommunications tower shall be approved unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or economically or technically feasible alternative technology that does not require the use of new telecommunications tower or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower structure or alternative technology is suitable shall consist of any of the following: -1i. An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on County owned telecommunications towers or usable antenna support located within a one-half (1/2) mile radiuses of the proposed telecommunications tower site. ii. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed telecommunications tower site. iii. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or sigh portions are deleted. Underlined portions are added. Page 10 of 40 structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. V. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. vi. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. vii. The applicant demonstrates that alternative technology used in the wireless telecommunications business and within the scope of applicant's FCC license, is economically or technically not feasible. b. The County may share such information as provided in Sections 7.10.23(I)(2)(a) with other applicants applying for a permitted use on private property and conditional use under this section or other organizations seeking to locate antennas within the jurisdiction of the County provided, however, that the County is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable. 6. No signals, artificial lights, or illuminations shall be permitted on any tower or antenna unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. 7_ Other than warning signs, no signs, including commercial advertising, logos, political signs, flyers, or banners shall be allowed on any part of a telecommunications tower. Any signs placed in violation of this section shall be removed at the expense of the owner. All warning signage shall conform with the requirements of Chapter 9.00.00 of this Code. Notwithstanding those requirements, the following provisions shall apply: Struck threugl-t portions are deleted. Underlined portions are added. Page 11 of 40 a. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. b. The County reserves the right to modify or waive the above requirements to avoid visual clutter and to better apply the goals of this section. C. Warning signs shall include the name of the owner(s) and operators and a twenty-four (24) hour emergency telephone number posted adjacent to the gate. d. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE --DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. e. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart. f. The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade. 8. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code. 9. All telecommunications towers, and the accessory building(s) and/or equipment associated with the towers, shall be enclosed by opaque security fencing eight (8) feet in height and the tower shall be equipped with an appropriate anti climbing device, regardless of the zoning district in which the tower is located, provided, however, the County may waive such requirements. 10. Telecommunications tower setbacks and separations standards, as provided in Sections 7.10.23(M) and 7.10.23(N)(1) of this Code shall be calculated and applied to telecommunications tower facilities located in the County irrespective of municipal and county jurisdictional boundaries. Struel( tHreugh portions are deleted. Underlined portions are added. Page 12 of 40 11. Telecommunications towers shall be regulated and permitted pursuant to this Section and shall not be regulated as essential services, public utilities, or private utilities. 12. Owners and/or operators of towers shall certify that all licenses required by law for the construction and/or operation of a wireless communications system in the County have been obtained and shall file a copy of all required licenses with the County. D. APPLICATIONS FOR NEW WIRELESS TELECOMMUNICATIONS TOWERS: 1. The County shall grant or deny each properly completed application for any wireless communications facility, not otherwise subject to 5ec. K, based on the applicant's compliance with the County's applicable regulations, including but not limited to land development regulations, consistent with this subsection and within the normal time frame for a similar type of review but in no case later than ninety (90) business days after the date the application is determined to be properly completed in accordance with this paragraph. 2. An application is deemed submitted or resubmitted on the date the application is received by the County. If the County does not notify the applicant in writing that the application is not completed in compliance with the County's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the County's regulations, the County shall so notify the applicant in writing and the notification must indicate with specificity any deficiencies in the required documents or deficiencies in the content of the required documents or deficiencies in the content of the required documents which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the County shall notify the applicant, in writing, within the normal time frame of review, but in no case longer than twenty (20) business days after the additional information is submitted, of any remaining deficiencies that must be cured. Deficiencies in document type or content not specified by the County do not make the application incomplete. Notwithstanding this subparagraph, if a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the County may continue to request the information until such time as the specified deficiency is cured. The County may establish reasonable time frames within which the required information to cure the �#wa-6 tki-se-g4t portions are deleted. Underlined portions are added. Page 13 of 40 application deficiency is to be provided or the application will be considered withdrawn or closed. 3. If the County fails to grant or deny a properly completed application for a wireless communications facility within the time frames set forth in this Section D, the application shall be deemed automatically approved and the applicant may proceed with placement of such facilities without interference or penalty. The time frames specified in this Section D may be extended only to the extent that the application has not been granted or denied because the County's procedure generally applicable to all other similar types of applications permits, require action by the Board of County Commissioners and such action has not taken place within the time frames specified in this Section 5. Under such circumstances, the County will act to either grant or deny the application at its next regularly scheduled meeting or otherwise, the application is deemed to be automatically approved. Applicants regulated by this Ordinance may request a pre application conference with the County. Such request shall be submitted with a non refundable fee of Five Hundred Dollars ($500.00) to reimburse the County for the cost and fees incurred by the conference. E. BUILDING CODES/SAFETY STANDARDS: The construction, maintenance, operation and repair of telecommunications facilities are subject to the supervision of the County to the extent not otherwise prohibited by Ch. 365.172 FL. STAT., and shall be performed in compliance with all applicable laws, ordinances, departmental rules and regulations and practices affecting such structures including, but not limited to, zoning codes, building codes, and safety codes, and as provided below. 1. All telecommunications towers must meet or exceed current standards and regulations of the FAA, the FCC, including radio frequency emission standards and regulations of the state or federal government with the authority to regulate towers prior to issuance of a building permit by the County. If such applicable standards and regulations are changed, then the owners of the telecommunications towers governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Unless otherwise prohibited by r�agh portions are deleted. Underlined portions are added. Page 14 of 40 applicable federal or state law, failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the expense of the owner. 2. To ensure the structural integrity of telecommunications towers, the owner shall construct and -maintain the telecommunications tower in compliance with all applicable building codes, other applicable codes and standards as amended from time to time. A statement shall be submitted to the County by a professional engineer certifying compliance with this subsection. Where a preexisting structure, including light and power poles, is requested as a camouflage facility by the owner, the facility, and all modifications thereof, shall comply with all requirements as provided in this section. 3. Although the County will not require wireless providers to provide evidence of a wireless communications facility's compliance with federal regulations except evidence of compliance with applicable Federal Aviation Administration requirements, and evidence of proper FCC license or other evidence of FCC authorized spectrum use, the County may request the FCC to provide information as to a wireless provider's compliance with federal regulations, as authorized by federal law. F. REQUIREMENT OF SITE PLAN AND ENGINEERING REPORT. All applicants for new towers and towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include. all information required by Section 11.02.09 A (1) (2) (3) and (5) of the Land Development Code of St. Lucie County except to the extent such information is determined to be not applicable by the Building Department or otherwise prohibited by applicable state or federal law. In addition, the report shall include the following: 1. A site plan of the property within 300% percent of the tower height of the tower drawn to scale prepared in accordance with the requirements of Section 11.02.00 of this Code, including, but not limited to: a. Site plan development consistent with Section 11.02.00 including: dough portions are deleted. Underlined portions are added. Page 15 of 40 A tax parcel number, legal description of the parent tract and leased parcel, total acres, and Section/Township/Range of the subject property; ii. The lease parcel fully dimensioned, including property lines, setbacks, roads on or adjacent to the subject property, easements; iii. Outline of all existing buildings, including a purpose (i.e., residential buildings, garages, accessory structures, etc.) on subject property located within 300% of the tower height from the tower; iv. All existing vegetation, by mass or individually by diameter, measured four (4) feet from the ground of each stand-alone tree on the subject property located within 300% of the tower height of the tower V. Proposed/existing security barrier, indicating type and extent as well as point of controlled entry; vi. Proposed/existing access easements, utility easements, and parking for the telecommunications tower; vii. All proposed changes to the subject property, including grading, vegetation removal, temporary or permanent roads and driveways, storm water management facilities and any other construction or development attendant to the telecommunications tower; viii. If applicable, on -site and adjacent land uses, and Comprehensive Plan classification of the site. 2. Type of tower and specifics of design. a. Scaled renderings of elevations depicting the design of the tower and associated equipment including but not limited to the antennas, mounts, equipment shelters, cable as well as cable runs, fencing, landscaping and security barrier, if any; -*P- w4i #�eag4� portions are deleted. Underlined portions are added. Page 16 of 40 b. Materials of the proposed tower specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc. These shall be provided for the antennas, mounts, equipment shelters, cable as well as cable runs, and security barrier, if any; C. Colors of the proposed tower represented by a color board or equivalent showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment buildings, cable as well as cable runs, and security barrier, if any; d. Dimensions of the tower specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any; and e. A visual impact analysis, with a minimum of two (2) photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any for the total height, width and breadth, as well as at a distance of two hundred fifty (250) feet and five hundred (500) feet from all properties within that range, or at other points agreed upon in a pre - application conference_ 3. If applicable, a narrative of why the proposed tower cannot comply with the requirements as stated in this section. 4. Prior to issuance of a permit, current wind -loading capacity and a projection of wind -loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted or be permitted to be modified so as to exceed its wind -loading capacity. 5. A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties. struckough portions are deleted. Underlined portions are added. Page 17 of 40 6. A statement of compliance with Section 7.10.23(E), all applicable Building Codes, associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. Except where provided in Section 7.10.23(BrC)(3)(a), all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self support/lattice or guyed towers shall be able to accommodate three (3) users. 7. Any additional information reasonably deemed necessary by the County to assess compliance with this Code and applicable law. 8. Special fee. The County shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The special fee shall be based upon the hourly rate of the independent technical consultant or expert the County deems necessary to properly evaluate applications for a tower or towers. The special fee shall be applied to those applications requiring special review or evaluation. The special fee shall be paid by the applicant to the County. G. AESTHETICS. All telecommunications towers and antennas shall meet the following requirements: 1. At a telecommunications tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish, or subject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors, so as to reduce visual obtrusiveness. 2. Except as noted in paragraph 3 and 4 below; all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code. The Environmental Resources Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to �#raelt#k l'M'Wh portions are deleted. Underlined portions are added. Page 18 of 40 ensure good health and viability at the expense of the owner. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound, except that, if the tower perimeter abuts a public or private street or road right-of-way, the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. The Environmental Resources Director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. 3. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 4. The Board of County Commissioners may consider total or partial relief from the required perimeter landscaping requirements of Paragraph 2 above, if the proposed Telecommunications Tower meets all of the following standards and criteria: a. The Telecommunications Tower is located in an AG-5, AG-2.5, AG-1, IL, IH or U Zoning district. b. The proposed Telecommunications Tower is located a minimum of one thousand (1000) feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, pubic or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. Struelt through portions are deleted. Underlined portions are added. Page 19 of 40 C. The proposed Telecommunications Tower base must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. d. It is demonstrated to the satisfaction of the Board of County Commissioners that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Board of County Commissioners may impose reasonable limiting conditions associated with that relief. 5. The provisions of this paragraph shall not apply to wireless facilities erected or attached to any existing telecommunications tower or existing building or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 6. The County reserves the right to require that any new towers be designed as an alternative tower structure. H. SECURITY FUND. Every Telecommunications service provider shall establish a cash security fund, or provide the County with an irrevocable letter of credit in the same amount, to secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section 7.10.23(Q), in the event the owner fails to comply with the provisions of Section 7.10.23(Q). The amount of the cash security fund, letter of credit, or, bond is to be provided as follows: 1. For each commercial telecommunication $25,000 tower and the initial set of antenna or antenna array 2. For each co -located telecommunication $5,000 providers antenna or antenna array Straek#krough portions are deleted. Underlined portions are added. Page 20 of 40 I. GENERAL REQUIREMENTS FOR THE LOCATION OF NEW WIRELESS TELECOMMUNICATIONS TOWERS ON COUNTY PROPERTY In addition to the other standards of this section, every new telecommunications tower proposed for location on any property owned, leased, and/or controlled by 5t. Lucie County shall be subject to the following minimum standards: 1. Lease Required. Any new construction, installation or placement of a telecommunications facility on any property owned, leased, and/or controlled by the County shall require a Lease Agreement executed by the County and the owner of the facility. The County may require, as a condition of entering into a Lease Agreement with a telecommunications services provider, the dedication of space on the facility for public health and safety purposes, as well as property improvements on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. 2. Incentive to collocate facilities on County property. Pursuant to the intent of this Ordinance, the County shall provide the following incentives to tenants in order to encourage the collocation of telecommunications facilities: a. Tenants seeking to co -locate shall not pay rent to the facility owner in excess of the fair market value for the space, as determined at the time of execution of the lease. b. The Countyshall receive a percentage of the rental fees and permit fees received by the telecommunications facility operators from each subsequent tenant at a single telecommunications facility located on public property. Fees for placement, installation and use of telecommunications towers and antennas shall be determined by resolution of the Board. C. No lease or sublease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the County for delivery of telecommunications services or any other purpose. rv, �#r�telF#krn--Rh portions are deleted. Underlined portions are added. Page 21 of 40 d. No lease granted under this section shall convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purpose and term stated in the lease agreement. No lease granted under this section shall be construed as a conveyance of a fee title interest in the property. e. The Board of County Commissioners shall adopt by resolution a standard fee schedule to be used in the calculation of lease rates for the use of County property for establishing a telecommunications tower site. 3. Indemnification and insurance requirements Indemnif ication a. The County shall not enter into any lease agreement or otherwise allowing tower siting by a telecommunications service provider until and unless the County obtains an adequate indemnification from such provider. This indemnification must at least: (1) Release the County from and against any and all liability and responsibility in or arising out of the constructions, operation, or repair of the telecommunications facility. Each telecommunications facility operator must further agree not to sue or seek any money or damages from the County in connection with the above mentioned matter; (2) Indemnify and hold harmless the County, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgments or decrees, sustained by the County or any third party arising out of, or by reason of, or resulting from, or out of each telecommunications facility operator's, or its agent's, employee's, or servant's negligent acts, errors, or omissions; and, S#raeltthrough portions are deleted. Underlined portions are added. Page 22 of 40 (3) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the responsibility of the party to indemnify. Insurance a. The County may not enter into any lease agreement, or otherwise authorize a tower site by any telecommunications service provider until and unless the County obtains assurance that such operator (and those acting on its behalf) have adequate insurance as determined by the County Personnel/Risk Manager. At a minimum, the following insurance requirements shall be satisfied; (1) A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the County Personnel/Risk Manager, nor shall a telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved by the County Personnel/Risk Manager. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the County may order such entities to cease operation of the facility until such insurance is obtained and approved. (2) Certificate(s) of such insurance, reflecting evidence of the required insurance shall be filed with the County Personnel/Risk Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. ire-igh portions are deleted. Underlined portions are added. Page 23 of 40 (3) The certificate(s) of insurance shall contain a provision that coverages afforded under such policies shall not be cancelled until at least thirty (30) days prior written notice has been given to the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. (4) Where applicable, in the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the lease agreement with the County, then in that event the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage remains in effect for the balance of the lease term. b. A telecommunications facility operator and its contractors or subcontracts engaged in work on the operator's behalf, shall maintain minimum insurance, in the amounts determined by the County Personnel/Risk Manager, to cover liability, bodily injury and property damage. The insurance shall cover the following exposures: premises, operations, and certain contracts. Such coverage shall be written on an occurrence basis and shall also be required under any lease agreement between the County and the telecommunications facility operator. J. INITIAL WIRELESS TELECOMMUNICATIONS ANTENNAS ON EXISTING STRUCTURES. Any telecommunications antenna which is not attached to a tower shall be approved by the Building Director as an accessory use to any commercial, industrial, institutional, or multi -family structure of three (3) or more stories provided: 1. The antenna does not extend more than twenty (20) feet above the highest point of the structure; and 2. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and ��- g-t portions are deleted. Underlined portions are added. Page 24 of 40 3. Wall -mounted antennas shall be located as close as possible but no more than four (4) feet from the face of the wall of the building to which it is attached; and 4. To minimize adverse visual impacts, antenna types shall be selected based upon the following priority: (1) camouflage; (2) whip; (3) panel; and, (4) dish. An applicant for the construction of a telecommunications tower shall state in writing why each choice cannot be used for a particular application if that choice is not the top priority; and 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets; and 6. No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. K. COLLOCATION OF WIRELESS ANTENNAS ON EXISTING TOWERS AND STRUCTURES An antenna which is attached to an existing tower shall be approved provided such collocation is accomplished in a manner consistent with the following: 1, a. The County shall grant or deny each properly completed application, as provided in this Section, for the collocation of a wireless communications facility within the County's jurisdiction within the normal time frame for a similar building permit review but in no case later than forty-five (45) business days after the date the application is determined to be properly completed in accordance with the County's application procedures provided the following. b. Collocations on towers, including non -conforming towers that meet the requirements in subparagraphs b(I) through b(iii) below, are subject to only building permit review, which may include a review for rae krengh portions are deleted. Underlined portions are added. Page 25 of 40 compliance with this subparagraph, such collocations are not subject to any design or placement requirements of the County's land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application, provided the following: �i. The collocation does not increase the height of the tower to which the antennas are to be attached, measured to the highest point of any part of the tower or any existing antenna attached to the tower; and ii. The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment enclosures and ancillary facilities; and iii. The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the tower supporting the antenna. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time the initial antennas placement was approved. C. Except for a historic building, structure, site, object, or district, a collocation on all other existing structures that meet the requirements in subparagraphs C (I) through (iv) below shall be subject to no more than building permit review, and an administrative review for compliance with this subparagraph. Such collocations are not subject to any portion of the County's land development regulations not addressed herein, or to public hearing review. Nothing herein shall preclude a public hearing for any appeal of the decision on the collocation application: S#i°ae *krn-w[h portions are deleted. Underlined portions are added. Page 26 of 40 The collocation does not increase the height of the existing structure to which the antennas are to be attached, measured to the highest point of any part of the structure or any existing antenna attached to the structure; ii. The collocation does not increase the ground space area, otherwise known as the compound, if any, approved in the site plan for equipment enclosures and ancillary facilities; iii. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time of the collocation application; and iv. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subparagraph (c) and were applied to the initial antenna placed on the structure and its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas. d. Regulations, restrictions, conditions, or permits of the County, acting in its regulatory capacity, that limit the number of collocations or require review processes inconsistent with this subsection, shall not apply to collocations addressed in this paragraph. e. If only a portion of the collocation does not meet the requirements of this subparagraph, such as an increase in the height of the proposed antenna over the existing structure height or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions of the collocation meet the requirements of this subparagraph, the portion of the collocation only Lek threugK portions are deleted. Underlined portions are added. Page 27 of 40 may be reviewed under the County's regulations applicable to an initial placement of that portion of the facility, including, but not limited to, its land development regulations, and within the review time frame specified in Section D for the placement of new towers. The rest of the collocation shall be reviewed in accordance with this subparagraph. A collocation proposed under this subparagraph that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment enclosures and ancillary facilities by no more than a cumulative amount of four hundred (400) square feet or fifty percent (50%) of the original compound size, whichever is greater, shall, however, require no more than administrative review for compliance with the County's regulations, including, but not limited to, land development regulations review, and building permit review, with no public hearing. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. f. If a collocation does not meet the requirements of subparagraph K.1.b. and c., the County may review the application under the County's regulations, including, but not limited to, land development regulations, applicable to the placement of an initial antennas and its accompanying equipment enclosure and ancillary facilities. g. If a collocation meets the requirements of subparagraph K.l.b. and c, the collocation shall not be considered a modification to an existing structure or an impermissible modification of a nonconforming structure. h. The owner of the existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the existing tower had to comply at the time the tower was permitted, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this paragraph. An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no more than site plan and building permit review S#ruelk threuq+t portions are deleted. Underlined portions are added. Page 28 of 40 process for approval, and is not subject to public hearing review, if the overall height of the tower is not increased and, if a replacement, the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like -camouflaged tower. The subparagraph shall not preclude a public hearing for any appeal of the decision on the application. 2. An existing tower may be modified or rebuilt up to the same height or to a taller height, to accommodate the collocation of an additional antenna(s), only if the modification or reconstruction is in full compliance with Building Code and requirements consistent with the original site approval process including but not limited to submission of a site plan. This provision shall include utility and power poles. This additional height shall not require an additional separation as set forth in Section 7.10.23(N). The pre - modification tower height shall be used to calculate such distance separations. 3. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within f ifty (50) feet of its existing location, subject to applicable setback and separation requirements. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 7.10.23(N) and shall in no way be deemed to cause a violation of Section 7.10.23(N). A tower which previously received a conditional use approval may be rebuilt according to the conditions under which the conditional use was approved. 4. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The initial tower shall be removed within thirty (30) days of the final inspection for the new tower. 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets_ StUnderaek through portions are deleted. ;lined portions are added. Page 29 of 40 L. ROOFTOP MOUNTED TELECOMMUNICATIONS TOWERS AND ANTENNAS. All rooftop towers and antennas shall comply with the following requirements: 1. The height of any tower or antenna, including support structures, shall not extend more than fifteen (15) feet above the average height of the roof line; and 2. Rooftop communication facilities shall not adversely affect adjacent properties; and 3. Screening shall be required to minimize the visual impact upon adjacent properties. M. SETBACKS. The following setback requirements shall apply to all telecommunications towers for which a permit is required: 1. All telecommunications towers shall be setback from all property lines a minimum distance of the fall radius of the tower or the minimum setback for the zoning district whichever is greater, except as required in Table 7-40. 2. The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements. N. SEPARATION/HEIGHT: 1_ The following separation requirements shall apply to all telecommunications towers for which a building permit is required: a. Separation from off-site/designated areas: 1. Telecommunication tower separation shall be measured from the base of the telecommunication tower to the lot line of the off -site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. Strums portions are deleted. Underlined portions are added. Page 30 of 40 2. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications tower(s) and the owner/operator of the existing telecommunications tower(s), if known: 3. Separation requirements for towers shall comply with the minimum standards established in Table 7-40. Table 7-40 From any habitable residential structure 750 feet or 200% of (except for accessory security residences in telecommunications tower, height, IL, IH and U zoninq districts whichever is greater From the property line of vacant residentially zoned land From any non -residentially zoned land and accessory security residences in IL, IH and U zoning districts 750 feet or 200% of telecommunications tower height, Fall radius or zoning setback, whichever is greater ,.Separation measured from base of telecommunications tower to closest building setback line. 4. Separation distances between telecommunications towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. 5. The Board of Adjustmemt Board of County Commissioners may approve variances from the separation requirements to habitable residential structures, and to vacant residentially �trttelt#kreng4-r portions are deleted. Underlined portions are added. Page 31 of 40 zoned land, provided that no variance shall permit a separation distance of less than that required from non-residential land. 6. The Board of Adjustenemt Board of County Commissioners shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that: a. A literal interpretation of the provisions of Table 7-40 would render the applicant in violation of applicable State of Federal law or would preclude provision of service in the desired area. b. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. C. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures;and d. The variance requested arises from a condition that is unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the actions of the property owner or applicant. The above standards of review are in addition to those general standards set out in Section 10,01.02 of this Code b. Separation distances between telecommunications towers. 1. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. 2. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing �eagl� portions are deleted. Underlined portions are added. Page 32 of 40 towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the base of the proposed tower, pursuant to a site plan. 3. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites within the search area. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed tower. No new tower shall be permitted within one mile of an existing tower unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or alternative technology that does not require the use of new towers or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower structure or alternative technology is suitable may consist of any of the following: a. No existing tower or structure located within the search area has the capacity to provide reasonable technical service. b. Existing towers or structures are not of sufficient height to meet applicable requirements. C. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d_ The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennas. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or to adapt an existing tower or structure for sharing are ;aagMt portions are deleted. Underlined portions are added. Page 33 of 40 unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. 4. The Board of Adjustment may approve variances from the separation requirement provided that the applicant meets all other provisions of Section 7.10.23(N). 5. The separation distance of one mile between towers shall not apply to properties that are proposed to be developed as a "telecommunications tower farm", in order to encourage clustering of telecommunications towers on a single property, provided that all other setback and separation standards as specified in this section are met. 6. Unless otherwise granted a variance, telecommunications towers shall be constructed in heights as provided below: a. For a single user, up to one hundred (100) feet in height; b. For two users, up to one hundred fifty (150) feet in height; C. For three or more users, towers in excess of one hundred fifty (150) feet, but not taller than two hundred fifty (250) feet, provided such towers are constructed as a monopole as defined herein. d. For the purpose of determining compliance with all requirements of this Section, measurement of telecommunications tower height shall include the telecommunications tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Telecommunications tower height shall be measured from grade. 4*1-- lt*krM--qK portions are deleted. Underlined portions are added. Page 34 of 40 O= BUILDINGS AND EQUIPMENT STORAGE AREAS. It is recognized that each telecommunications tower will have some type of associated electronic support and equipment buildings at or near the tower. Depending on the type of tower being erected, the following general standards shall apply, in addition to the other general provisions of the code. 1. Rooftop mounted wireless facilities shall comply with the following requirements: a. Rooftop equipment/storage cabinets shall be set back a minimum of fifteen (15) feet from the edge of the roof or 1/4 of the distance along the perpendicular axis of the roof, whichever is less. b. All rooftop equipment buildings shall be finished, screened or designed so that they blend into the architecture of the building on which they are located. C. All equipment buildings shall meet all County design standards and comply with the building codes. d. No commercial advertising, including company name, shall be allowed on an antenna, screen or equipment building. e. No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. f. The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, and telephone number for safety and security and shall comply with this Code. g. Mobile or stationary equipment not located within the building upon which the antenna is mounted, or in an equipment building or cabinet, Struck threugh portions are deleted. Underlined portions are added. Page 35 of 40 shall not be stored or parked on the site of a building mounted antenna, unless repairs to the antenna are being made_ 2. Antennas located on power poles, street lights or other utility poles shall comply with the requirements for collocations set forth herein and with the following requirements. a. Equipment/storage cabinets located on the ground in a public right of way shall not exceed a total of twenty-five (25) square feet in area without administrative approval b. The height of any equipment/storage cabinet located on the ground in a public right of way shall not exceed five (5) feet without administrative approval. 3. Antennas located on towers shall comply with the following requirements: a. Equipment/storage facilities shall comply with the minimum building setback standards of the zoning district in which they are located. This requirement may be modified by the Board of Adjustment to encourage collocation. b. All equipment/storage facilities shall be screened in accordance with the general requirements of Section 7.09.00. 4. Generators may be used only when other power sources are not available, and as an emergency back-up power source. P. SUPPLEMENTAL REVIEW INFORMATION FOR WIRELESS TELECOMMUNICATIONS TOWER CONDITIONAL USE APPLICATIONS. In addition to the minimum standards of review set forth in this section, any application for a conditional use permit for the construction of a telecommunications tower shall address the following standards and requirements: 1. Compliance with the procedures and requirements of Section 11.07.00. �i-m-,q t portions are deleted. Underlined portions are added. Page 36 of 40 2. Availability of suitable existing towers, other structures, or economically and technically feasible alternative technologies not requiring the use of towers or structures. 3. Height of the proposed tower. 4. Setback and separation distance between the proposed tower and the nearest residential units, residential district boundaries, and platted residentially zoned property, where applicable. 5_ Typography of the area where the tower is proposed to be located. 6. Type, extent and density of existing native vegetation at the proposed site and the surrounding tree coverage and foliage. 7. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Camouflage tower designs shall be encouraged as meeting this criterion. 8. Proposed ingress and egress. 9. A non refundable fee of five hundred dollars ($500.00) to reimburse the County for the costs of reviewing the application, Q. REMOVAL OF WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS. Any telecommunications tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such telecommunications tower or antenna -shall remove the same within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove an abandoned telecommunications tower or antenna within the ninety (90) days shall be grounds for the County to remove the tower at the expense of the owner. If there are two (2) or more users of a single telecommunications tower, the telecommunications tower shall not be considered abandoned until all users cease using the telecommunications tower for a continuous period of twelve (12) months. Struek roaglt portions are deleted. Underlined portions are added. Page 37 of 40 R. PRE-EXISTING TELECOMMUNICATIONS TOWERS. Any telecommunications tower erected before September 2, 1997 shall be allowed to continue usages which existed on this date. Routine maintenance of the tower and its support facilities is allowed to continue. Any existing tower that does not meet the standards of this section shall not be required to meet these standards unless and until the tower is proposed for replacement. At the time any existing telecommunications tower is proposed to be replaced or substantially improved, then the requirements of this section shall apply to the extent not prohibited by Ch. 365.172 FL.Stat. S. INSPECTIONS, REPORTS, FEES, AND MONITORING. 1. Telecommunications tower owners shall submit a report to the Building Department certifying structural and electrical integrity of the tower every five (5) years. The report shall be accompanied by a non refundable fee of two hundred dollars ($200.00) to reimburse the County for the cost of review. 2. The County may conduct periodic inspections of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provision of this Ordinance. The owner of the telecommunications tower may be required by the County to have more frequent inspections should there be extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized. There shall be a maximum of one inspection per year unless extraordinary conditions warrant. If, upon inspection, the County concludes that a tower fails to comply with applicable laws, codes, regulations or permits or constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such communications towers into compliance within thirty (30) days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense. Page 38 of 40 Struelt through portions are deleted. Underlined portions are added. T. PENALTIES. Any person, firm or corporation who knowingly breaches any provision of this Section shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty (30) days and to complete a cure, to the County's satisfaction, within sixty (60) days, or such longer time as the County may specify, shall result in revocation of any permit or license and the County shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law. PART B. SEVERABILITY. The various parts, Sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of a subsequent change in applicable law, so the provision which had been held invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding under this Ordinance. PART C. INCLUSION IN THE CODE. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART D. PROVISIONS OF THIS SECTION TO CONTROL. Notwithstanding any 'contrary provisions of the County's Code of Ordinances, including the County's zoning regulations, the provisions of this new Ordinance shall control. PART E. REPEALER. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. aekreagkr portions are deleted. Underlined portions are added. Page 39 of 40 PART F. EFFECTIVE DATE. This ordinance shall be effective upon filing with the Department of State. PART G. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART I. ADOPTION After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ENACTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 40 of 40 rM• g*i- r 6 *krm-wrh portions are deleted. Underlined portions are added. St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 'I'd Floor, Roger Poitras Annex October 16, 2008 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. I. CALL TO ORDER Chairman Caron called the meeting to order at` 6:03 p.m. A. Pledge of Allegiance B. Roll Call Susan Caron ...........................Chairman Craig Mundt ...........................Vice Chairman Bryan Beaty ...........................Board Member Brad Culverhouse ...................Board Member Pamela Hammer .....................Board Member Edward Lounds ......................Board Member Stephanie Morgan ...............Board Member Britt Reynolds ........................Board Member Barry Schrader .......................Board Member (Mr. Schrader arrived shortly after roll -call) Kathryn Hensley ....................Ex-Officio Others Present Mark Satterlee........................Director, Growth Management Dept. Robin Meyer ..........................Assistant Director, Growth Management Dept. Heather Young .......................Assistant County Attorney Katherine Mackenzie -Smith ..Assistant County Attorney Aneela Ansar..........................Senior Planner Larry Szynkowski ..................Senior Planner Linda Pendarvis .....................Planner C. ANNOUNCEMENTS None. D. DISCLOSURES Mr. Mundt advised that he had conversations with a member of the public regarding the Ft. Pierce Mosque application. Draft Number 1 1 10.21.08 1 2 3 4 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 Ms. Hammer motioned that the Planning and Zoning Commission forward this application to the Board of County Commissioners with a recommendation of denial because it violates Section 11.06.03 of the Land Development Code, which indicates whether there is a conflict with the public interest; it violates the section of the Code that provides for Future Land Use Element Goal 1.1, which is to ensure the highest quality living environment of the local residents; and there is a major water drainage problem in this area. Mr. Reynolds seconded. Mr. Culverhouse moved to amend the motion and recommended that the Planning and Zoning Commission recommend that the Board of County Commissioners approve the change in zoning because based upon the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and as set forth in the Staff Report. Ms. Hammer stated that she did not agree with the amendment. There was a lengthy discussion with regards to the rules of order. Ms. Young explained that any amendments to a motion must be accepted by the maker of the motion and the seconder. Mr. Culverhouse was in protest of that explanation. Ms. Young recommended that Chairman Caron call for a second to Mr Culverhouse's motion. Ms. Caron inquired if there was a second to Mr. Culverhouse's motion. No one seconded the motion; therefore, the motion failed. Ms. Hammer's motion remained on the floor; Ms. Caron requested roll call. Roll Call Mr.Schrader —no Ms. Morgan — no Mr. Lounds — no Mr. Culverhouse — no Mr. Beaty — no Vice Chairman Mundt — no Mr. Reynolds — yes Ms. Hammer — yes Chairman Caron — no The motion failed 2-7. Draft Number 1 10.21.08 Vice Chairman Mundt — yes Mr. Reynolds — yes Mr. Beaty — yes Chairman Caron — yes The motion carried unanimously. D. St. Lucie Countv: Ordinance No. 08-017 Petition of St. Lucie County to amend Chapter 1-16.6 "Public Buildings Impact Fee," Chapter 1-17 "Roads Impact Fee," and Chapter 1-15 "Parks Impact Fee" of the Code of St. Lucie County. Mr. Satterlee gave a brief introduction explaining that this is a follow-up, with revisions made to the data, etc., from the Board's May meeting. Dr. James Nicholas, consultant to the County on this item, displayed a power point presentation and gave an in-depth review of the Technical Memorandum on the Methods Used to Calculate Improvements Driven Road, Public Buildings and Park & Recreation Impact Fees document. The county will be switching to the improvements method for charging developers impact fees for roads, parks and public buildings. This methodology is tied directly to capital improvements noted in the Capital Improvements Plan. Ms. Caron opened the public hearing. The following members of the public came forward and spoke: Donald Santos, representing Treasure Coast Builders Association, expressed frustration and anger at the lack of professionalism by certain members of County staff.. who after receiving this report, did not immediately make the report available to the Treasure Coast Builders Association (TCBA). TCBA had to go to Assistant County Administrator Faye Outlaw to get a copy of the report. Mr. Santos feels there are many flaws to Dr. Nicholas' report. Mr. Santos does not agree with the projected numbers of new homes to be built as contained in the report, as well as disagreeing with many other issues. Mr. Santos does not feel now; given the state of the economy, is the time to increase impact fees or to change what the County is currently doing. Jonathan Ferguson, Esq., representing Core Communities, commented at great length in opposition to Dr. Nicholas' report. Mr. Ferguson also distributed a letter from Core Communities to Board members. Mr. Ferguson feels that there are too many variables, which can be manipulated and that the new impact fees are unfair. Mr. Ferguson suggests that the Board have staff go back and ensure that what the new Draft Number 1 9 10.21.08 AGENDA REQUEST C6UNTY F LORI DA-46 TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 1 11 - DATE: January 20, 2009 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: 3301 Cortez, Fort Pierce, FL - Unsightly and Unsanitary Conditions BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. COMMISSION ACTION: CONCURRENCE: [�('] APPROVED [ ] DENIED OTHER: Approved 4-0 Comm. Craft Absent Faye W. Outlaw, MPA County Administrator t �7� Review and Approvals [X] County Attorney: k [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 .1-,ON INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 09-0006 DATE: January 20, 2009 SUBJECT: Code Enforcement Case No. 31224 - 3301 Cortez, Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unserviceable Vehicles BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 3301 Cortez in Fort Pierce and have exhausted all avenues to gain compliance. The property was cited by Code Enforcement in November of 2005. The case was taken before the Code Board on November 2, 2005 after due notice to the violator, Dorothy Storey. The property was found to be in violation of Section 1-9-19, Junk, Trash and Debris and Unserviceable Vehicles - a dumpster is filled with debris and other items are scattered around the property and two trucks and a recreation vehicle are on the side of the house. The property was also found in violation of Section 1-9-32(d) Unsanitary Nuisance - of the St. Lucie County Code and Compiled Laws. A fine was imposed and a lien was filed. Chapter 67-1998, Laws of Florida, Section 5 (attached) finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept clear and clean of weeds, underbrush, rubbish, junk, debris, vegetation (including trees), brush and unsightly and unsanitary matters where the public health, welfare and safety are concerned. If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, including, but not limited to unsafe structures, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering her to remove the unsightly and unsanitary conditions on the property, or St. Lucie County will have it cleared and place a lien on the property. KMS/cb Encl. H:\AgendaMemo-KMS-Cortez.wpd Respectfully submitted, 4_" Katherine Mackenzie -Smith Assistant County Attorney - Public Works Code Enforcement Memorandum TO: Katherine Smith, Assistant County Attorney From: Dennis A. Bunt, Code Enforcement Superviso cz�g Date: November 13, 2008 RE: 3301 Cortez — For House Bill The following case #31224 has been to the Code Enforcement Board and has a fine and lien on the property. There has been no improvement made and is a nuisance to the neighborhood. Staff is requesting that you look at this property and bring it to the Board of County Commissioners under the House Bill. So that we may clean-up the property. The current problems are: • 1-9-19: Junk, Trash, and Debris — Dumpster filled with debris and other items scattered around the property. • 1-9-32 (D) Unsanitary Nuisance — excessive overgrowth of grass and weeds • 1-9-19: Unserviceable Vehicles — 2 trucks and a recreational vehicle on the side of house We are receiving complaints from neighbors and the college regarding this property and have exhausted all avenues to gain compliance. This property has been in this condition for over a year. EROSION DISTRICT www.co.st-lucie.fl.us Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 I. GENERAL PUBLIC COMMENT II. CONSENT AGENDA A. PUBLIC WORKS 1. Amendment No. 2 to Project Agreement 07SL2 with FDEP which includes additional state funds for design and permitting tasks associated with the Southern St. Lucie County Beach Restoration Project - Consider staff recommendation to approve 1) Amendment No. 2 to Project Agreement No. 07SL2 with FDEP, 2) Budget Resolution No. 09-002, 3) Amendment No. 2 to Work Authorization No. 06 (Contract #04-11-642) with Coastal Technology Corporation, increasing the contract amount by $494,812 and 3) signature of said documents by the Chairman. Amendment No. 1 to Project Agreement 07SL3 for a FDEP matching grant to evaluate the performance of a potential sediment basin for sand by-passing purpose at the Ft. Pierce Inlet - Consider staff recommendation to approve 1) Amendment No. 1 to Project Agreement No. 07SL3 with FDEP, 2) Budget Resolution No. 09-003, 3) Amendment No. 1 to Work Authorization no. 13 (Contract #04-11-622) with Taylor Engineering, Inc., increasing the contract amount by $452,900 and 3) signature of said documents by the Chairman. NOTICE: All Proceedings before this Board are electronically 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. AGENDA REQUEST TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS EROSION ITEM NO. III -At DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Amendment No. 2 to Project Agreement 07SL2 with FDEP which includes additional state funds for design and permitting tasks associated with the Southern St. Lucie County Beach Restoration Project. BACKGROUND: See attached memorandum. FUNDS: The original Grant Agreement provided for 100% State funding. This amendment includes $148,097 in additional state funding which will be cost shared at State — 29.93% ($148,097) and County - 80.07% ($346,715). This percentage is based upon the state's beach funding criteria. Future public beach access improvements at Waveland Beach and Dollman Beach Parks will reduce the County's funding percentage. These funds will be made available in the following account: Account No. 18421-1-3710-531000-36203-----($148,097); Erosion District - So. St. Lucie County Beach. Budget Resolution No. 09-002 is also attached for Board consideration. PREVIOUS ACTION: January 23, 2007: Board approved FDEP Project Agreement 07SL2 and W.A. Nos. 6 and 7 with Coastal Tech for Design & Permitting and Geotechnical work of the Southern St. Lucie County Beach project. July 15, 2008: Board approved Amendment No. 1 to defer some of the design and permitting tasks and reallocate those funds to undertake supplemental environmental tasks. RECOMMENDATION: Staff recommends the Erosion District Board approve 1) Amendment No. 2 to Project Agreement No. 07SL2 with FDEP, 2) Budget Resolution No. 09-002, 3) Amendment No. 2 to Work Authorization No. 06 (Contract #04-11-642) with Coastal Technology Corporation, increasing the contract amount by $494,812 and 3) signature of said documents by the Chairman. COMMISSION ACTION: [APPROVED [ ] DENIED OTHER: Approved 4-0 Comm. Craft Absent CONCURRENCE: �1 Faye W. Outlaw, MPA County Administrator Coordination/Sionatures [x] County Attorney �[x] Mgt. & Budget_ Dan McIntyre [x]Originating Dept. Public Works:, . (] Purchasing Dept. (" DoF West [x] Erosion District Mgr._ BP111 Barbara Meinhardt [x] Finance Department (Grants) (copy) PUBLIC WORKS - EROSION MEMORANDUM 09-009 TO: St. Lucie County Erosion District Board VIA: Donald B. West, Public Works Director FROM: Richard A. Bouchard, Erosion District Manager DATE: January 8, 2009 SUBJECT: Amendment No. 2 to Project Agreement 07SL2 with FDEP Second Amendment to Work Authorization No. 06 with Coastal Technology Corporation BACKGROUND: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal Shore Protection Project to provide for future re - nourishment of the beaches in the project area. During the 2006/07 budget session, the State approved $3 million to assist St. Lucie County with the Southern St. Lucie County Beach Restoration project as a result of impacts from hurricane activity. Several in depth meetings were held with staff from the Florida Department of Environmental Regulation (FDEP) and the U.S. Army Corps of Engineers (USACE) to identify various tasks that would minimize duplication of effort and provide for an accelerated course of action. On January 23, 2008, the Board approved two separate work authorizations with Coastal Technology along with FDEP Project Agreement 07SL2 for $3 million dollars in State funds to undertake these long-term tasks. The first amendment to this agreement was approved by the Board on July 15, 2008 to defer some distant design and permitting tasks in order to move forward with important supplemental environmental tasks. The proposed second amendment is attached and provides for the addition of $148,097 in state funding towards the previously deferred design and permitting tasks. Unfortunately, all of the 100% grant funds under this agreement are under contract for specific work authorizations. Therefore, future grant funding percentages will be determined using state beach funding criteria which is based upon public beach access guidelines (public parking, public beach frontage, public restrooms, etc.). Based upon the state beach funding criteria in the South County beach project area, the present cost sharing is at State — 29.93% and County - 60.07%. This would require the County to match State's share of the $148,097 with $346,715 of County's funds. We are presently undertaking some minor improvements to both Dollman Beach and Waveland Beach parks which includes the construction of some grassed parking areas that will also serve as open recreational area. In addition, we are also pursuing the completion of the public restroom facility at Dollman Beach Park. Once these improvements are completed the County's cost sharing percentage will decrease at which point we can request an amendment to the grant agreement. We are also proposing to amend Work Authorization No. 6 with Coastal Technology in order to increase the contract amount by $494,812 to restore the design and permitting tasks that were originally deferred. RECOMMENDATION: Staff recommends the Erosion District Board approve 1) Amendment No. 2 for Project Agreement No. 07SL2 with FDEP, 2) Budget Resolution No. 09-002, 3) Amendment No. 2 to Work Authorization No. 06 (Contract#04-11-642) with Coastal Technology Corporation, increasing the contract amount by $494,812 and 3) signature of said documents by the Chairman. rb RESOLUTION NO.09-002 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection amending the grant award to an additional $148,097 for the Southern St. Lucie County Beach Restoration. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 20th day of January 2009, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2008-2009, and the Erosion District's budget is hereby amended as follows: REVENUES 184211-3710-334391-36203 Dept of Env Protection $148,097 184211-3710-531000-36203 Professional Services $148,097 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Charles Grande, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 20th DAY OF JANUARY, 2009. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AMENDMENT No: 2 DEP AGREEMENT No: 07SL2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS HURRICANE RECOVERY PLAN STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR SOUTH ST. LUCIE COUNTY BEACH RESTORATION THIS AGREEMENT is entered into on the 23`d day of January, 2007, and amended on the 156 day of July, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows: Paragraphs 1 - 36 are hereby revised to read as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the SOUTH ST. LUCIE COUNTY BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A-2 (Project Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on January 31, 2010. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after January 1, 2007, shall be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform ' these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. 5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of a feasibility study and design and permitting activities between DEP range monuments R-88.5 to R-90.3 and R-98 to St. Lucie/Martin County line. In addition, the project consists of dune restoration activities between DEP range monuments R-88+500 and R-90+300. The LOCAL SPONSOR shall develop a detailed Scope of Work for the PROJECT. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written approval of the Scope of Work must be obtained from the Department's Project Manager prior to initiating work. Failure to obtain prior written authorization may result in the forfeiture of all retained funds associated with the scope of work. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 2, Page I of 9 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Table 1: Estimated Project Costs Estimated Project Cost Task # Eligible Project ITEM State Local Total 1.0 Feasibility 1.1 GeotechnicalInvestigation $1,219,750.00 $0.00 $1,219,750.00 2.0 Design and Permitting 2.1 South Beach Design and Permitting $776,644.43 $0.00 $776,644.43 2.2 Environmental & Supplemental Investigation $709 883.00 $0.00 $709,883.00 2.3 South Beach Design and Permitting 29.93% $148 097.00 $346.715.00 $494 812.00 Subtotal Design and Permitting $1634 624.43 $346 715.00 $1 981 39.43 3.0 Construction 3.1 Sand Dollar Shores Dune Restoration $289,326.00 $0.00 $289,326.00 3.2 Beach Restoration $46,912.00 $0.00 $46,912.00 Subtotal Construction $336 238 $0.00 $336 238 TOTAL PROJECT COSTS $3 190 612.43 $346 715.00 $3 537 27.43 7. A. The DEPARTMENT's financial obligation shall not exceed the sum of $3,156,767.43 for this PROJECT or up to 100 percent of the non-federal PROJECT cost for Tasks 1.1, 2.1, 2.2, 3.1, and 3.2, and 29.93 percent of the non-federal PROJECT cost for Task 2.3, whichever is less. The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. S. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 2, Page 2 of 9 As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL'SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C-2 (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5F&uide . The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment D-1 (Request For Payment, PARTS I — III), attached hereto and made a part hereof. These forms shall be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment E, Project Progress Report must be completed and submitted. 10. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request, the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible scope of work item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 11. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shall be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 2, Page 3 of 9 12. Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E-1 (Project Completion Certification). A final Project certification inspection will be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT's convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. 13. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 14. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 15. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-2362. The DEPARTMENT's Project Manager for all technical matters is Wagner Yajure, Phone: 850/921-7837 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711, or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 16. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 17. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Richard Bouchard Dena VanLandingham, Grant Program Administrator St. Lucie County Public Works Department Department of Environmental Protection 2300 Virginia Avenue Bureau of Beaches and Coastal Systems Ft. Pierce, FL 34982 3900 Commonwealth Blvd., MS 300 (772) 462-2362 Tallahassee, Florida 32399-3000 (850)922-7711 18. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 2, Page 4 of 9 19. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 20. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit I must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator at 850/922- 7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit I when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hops://apps.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 21. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 22. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 24. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. DEP Agreement No. 07SL2, Amendment No. 2, Page 5 of 9 25. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 26. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 27. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 28. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 29. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 2, Page 6 of 9 30. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. 31. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions o(this Agreement. 32. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 33. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 34. If a force majeure occurs which causes delays or the reasonable. likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 35. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 07SL2, Amendment No. 2, Page 7 of 9 • All references to Attachment(s) A-1, B, C-1, D, and E, respectively, are hereby deleted and replaced with references to Attachment(s) A-2, C-2, D-1, E-1, and F. Attachment(s) A-1, B, C-1, D, and E are hereby deleted in their entirety. Attachment(s) A-2, C-2, D-1, E-1, and F as attached hereto are hereby added to the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 2, Page 8 of 9 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT By: Title: *Commission Chair Date: FEID No.59-6000835 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION L-13 Secretary or designee Date: Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: Department of Environmental Protection Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A-2 Project Work Plan (2 pages) Attachment B-1 Funding Eligibility (1 page) Attachment C-2 Contract Payment Requirements (1 page) Attachment D-1 Request For Payment (4 pages) Attachment E-1 Project Completion Certification (1 page) Attachment F Special Audit Requirements (5 pages) DEP Agreement No. 07SL2, Amendment No. 2, Page 9 of 9 ATTACHMENT A-2 PROJECT WORK PLAN SOUTH ST. LUCIE COUNTY BEACH RESTORATION The PROJECT consists of a feasibility study and design and permitting activities between DEP range monuments R-88.5 to R-90.3 and R-98 to St. Lucie/Martin County line. In addition, the project consists of dune restoration activities between DEP range monuments R-88+500 and R-90+300. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 1.0 Feasibility 1.1 Geotechnical Investigation Conduct an advanced sand -search investigation designed to identify borrow areas with a sufficient volume (+25 Mcy) of beach -compatible sand for nourishment of "critically eroded" segments of St. Lucie County beaches (Specifically R88-R115). 2.0 Design & Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 South Beach Design and Permitting The work approved includes tasks necessary to advance and complete the Project design and obtain permits for Project construction. Activities include: 1) Plan formulation, 2) Design, 3) Permit application, 4) FDEP Permit processing, 5) USACE permit processing and NEPA compliance, and 6) Project administration and coordination. The following activities are excluded from this task (See task 2.3): 5c) Preliminary draft EIS, 5d) Draft EIS, 5e) Public hearing & comments and 5f) Final EIS. 2.2 Environmental & Supplemental Investigation Activities include: controlled aerial photography, updated engineering analysis, hard bottom mapping characterization, fish census and sampling, baseline in -water sea turtle monitoring and EFH assessment of potential borrow areas. 2.3 South Beach Design and Permitting @ 29.93% This task is to provide the 29.93% State cost share for the activities that were excluded in task 2.1 from the approved scope of work to evaluate project alternatives, develop the project design, complete the necessary environmental investigations and associated Environmental Impact Statement (EIS), and obtain the necessary FDEP and USACE permits. The activities covered under this task are: 5c) Preliminary draft EIS, 5d) Draft EIS, 5e) Public hearing & comments and 5i) Final EIS. Attachment A-2, DEP Agreement No. 07SL2, Amendment No. 2, Page 1 of 2 3.0 Construction 3.1 Dune Restoration Work performed and costs incurred associated with the placement of beach compatible fill material within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. 3.2 Beach Restoration Work performed and costs incurred associated with the placement of beach compatible fill material within the project area and/or the placement of fill material associated with emergency beach and dune recovery efforts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment A-2, DEP Agreement No. 07SL2, Amendment No. 2, Page 2 of 2 t ATTACHMENT B-1 FUNDING ELIGIBILITY SOUTH ST. LUCIE COUNTY BEACH RESTORATION Project Boundary: R88.5-R90.3 and R98 to County line Approximate Shoreline Length: 19,594 FEET Public Access Parking Spaces Eligible Walton Rocks* 100+ Yes Ocean's Bay 10 Yes Normandy 9 Yes Dolman 39 Yes Waveland 70 Yes Qualifvina Public Lodeine Island Beach Club Vistana Beach Club Turtle Reef Club Courtyard Marriott Areas Determined to be Critically Eroded R-80 to R-90+300 R-98to R-115 Total Qualifying Length 340 260 450 335 Comments Overlapped by Glascock eligibility Areas Determined to be Publicly Accessible and Critically Eroded R88+500 to R90+300 R98+300 to R98+875 R100+66 to R104+64 R 106+ 100 to R 106+440 R109+359 to R112+395 R112+750 to R113+450 R144-678 to County line Total Total eligible shoreline length: 11,726 FEET Total project shoreline length: 19,594 FEET Percent eligible for State funding: 59.85 PERCENT * Primary Beach Access: at least 100 parking spaces plus restrooms Len ft 10,174 16,795 26,969 Length ft 1,786 575 3,926 340 3,069 710 1,320 11,726 Attachment B-1, DEP Agreement No. 07SL2, Amendment No. 2, Page 1 of 1 ATTACHMENT C-2 Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of Florida Accounting Information Resources (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts that include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log that shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://www.fldfs.com/aadir/reference%SFP-uide/. Attachment C-2, DEP Agreement No. 07SL2, Amendment No. 2, Page 1 of 1 0 ATTACHMENT D-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HURRICANE RECOVERY PLAN GRANT PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL2 Billing Number: Billing Period: Billing Type: ❑ Interim Billing Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment $ Less This Retainage (109/6) $ State Funds Remaining Less Advance Pay $ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment D-1, DEP Agreement No. 07SL2, Amendment No. 2, Page 1 of 4 C I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HURRICANE RECOVERY PLAN GRANT PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL2 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 FEASIBILITY STUDY 1.1 GEOTECHNICAL INVESTIGATION 2.0 DESIGN AND PERMITTING 2.1 SOUTH BEACH DESIGN AND PERMITING 2.2 ENVIRONMENTAL & SUPPLEMENTAL INVESTIGATION 2.3 SOUTH BEACH DESIGN AND PERMITING @ 29.93% 3.0 SAND PLACEMENT 3.1 SAND DOLLAR SHORES DUNE RESTORATION Attachment D-1, DEP Agreement No. 07SL2, Amendment No. 2, Page 3 of 4 3.2 BEACH RESTORATION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment D-1, DEP Agreement No. 07SL2, Amendment No. 2, Page 4 of ATTACHMENT E-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HURRICANE RECOVERY PLAN GRANT PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL2 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date *Requests for the Department's release of retained funds for which an eligible project item is completed may be considered in advance of overall Project Completion. If this Certification pertains only to the completion of specific eligible project item tasks, the LOCAL SPONSOR shall also provide the following information in addition to the required signature above: Requested Amount of Release: Period of Services: Completed Task Description: Attachment E-1, DEP Agreement No. 07SL2, Amendment No. 2, Page 1 of 1 ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HURRICANE RECOVERY PLAN GRANT PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department" "DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htty:Hl2.46.245.173/cfda/Cfda.btml. Attachment F, DEP Agreement No. 07SL2, Amendment No. 2, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that 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, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the 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, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 5. 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httn://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at hM://www.myflorida.com/. Department of Financial Services' Website at hM://www.fldfs.com/ and the Auditor General's Website at htty://www.state.fl.us/audeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Attachment F, DEP Agreement No. 07SL2, Amendment No. 2, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F, DEP Agreement No. 07SL2, Amendment No. 2, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F, DEP Agreement No. 07SL2, Amendment No. 2, Page 4 of 5 c 0 bo E c w w L Y Y w a DA u :. Q A e s W Y « 0 h a U r G Y Y i e s w U C A G e •y Y « y � 'fl Y w as e Y L G � ado awa.z a o n o r w'� G o � m V Y is G e U � a a°i aCi �y � p pYp pYp p U 4 �0 Y N cc m Q CO IUI U = to to l- \O 00 N N N v o 0 0 N ci C-04-11-642 (Amend #2, WA #06) SECOND AMENDMENT TO WORK AUTHORIZATION NO. 06 Professional Services Related to Design & Permitting of the Southern St. Lucie County Shoreline Project Pursuant to Work Authorization No. 06 between the St. Lucie County Erosion District (the "District") and Coastal Technology Corporation (the "Consultant") approved January 23, 2007 (the "agreement") and amended on July 15, 2008, is hereby amended to increase the amount of the compensation to be paid to the Consultant to a not to exceed total of One -Million, Two -Hundred Seventy -One Thousand and Four Hundred Fifty -Six Dollars ($1,271,456.00), an increase of Four -Hundred Ninety -Four Thousand and Eight - Hundred Twelve Dollars ($494,812.00).. The Consultant's amended "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of DEP Agreement No. 07SL2 and subsequent amendments. All other terms and conditions of Work Authorization No. 06 (C- 04-11-642) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Work Authorization No. 06 (C-04-11-642) to be executed and delivered on the dates below. ATTEST: DEPUTY CLERK WITNESSES: HIMSWORD/MISC/CTECH. WAO6.A2.2009 ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COASTAL TECHNOLOGY CORPORATION BY: Print Name: Tide: Date: St. Lucie Task 2007-1 EXHIBIT "A" SCOPE OF SERVICES Task Assignment 2007-1 Amendment 2 General: According to a report by the Florida Department of Environmental Protection (FDEP) titled "Critically Eroded Beaches of Florida", (dated April 2006), the southernmost 3.4 miles of St. Lucie County shoreline (R98 to R115+1000) are critically eroded with development interests threatened (hereinafter the "Project Area"). In September 2004, St. Lucie County suffered the impact of Hurricane Frances and Hurricane Jeanne within a period of 21 days; high waves and storm surge from the storms inflicted substantial damage on the shoreline, upland property, and infrastructure, including within the Project Area. In November 2002, the U.S. Army Corps of Engineers (USAGE) completed a "Section 905(b) analysis for a "St. Lucie County, Florida — Hurricane and Storm Damage Reduction Study" including the Project Area; this Study recommends that the "study proceed into the feasibility phase" for a Study area from just south of Blind Creek (R-77) to the Martin County Line. In 2004, the U.S. Army Corps of Engineers (USACE) initiated a Federal Feasibility Study of the Project Area but, due to limited funding, it has only partially advanced and remains less than 25% complete. The USACE intends to conduct a historic and cultural resources survey of potential borrow areas for the Project and has developed (a) an inventory of existing buildings and structures fronting the shoreline in the Project Area, and (b) an historical trend analysis based upon available historical profile data. Because a Federal project is not expected to be undertaken prior to 2012, St. Lucie County is initiating this effort to develop an initial non- federal project to address the deteriorated shoreline and emergency conditions as soon as possible with parallel development of a federal Shore Protection Project to provide for future re - nourishment of the beaches within the Project Area. To implement a beach restoration program, it is necessary to work cooperatively with the USACE and FDEP to advance the project studies underway by the USACE, evaluate project alternatives, develop the project design, complete the necessary environmental investigations and associated Environmental Impact Statement (EIS), and obtain the necessary FDEP and USACE permits. The work under this Scope includes tasks necessary to advance and complete the Project design and obtain permits for Project construction. This Work Order includes the following tasks: Page 1 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie Task 1— PLAN FORMULATION Task Assignment 2007-1 Task la — General Condition Assessment: As may be available, the COUNTY will provide COASTAL TECH with the following existing data in hard copy and digital format for the shoreline within 5,000 feet of the proposed Project (Project Area): a) controlled digital photography b) beach profile surveys c) hardbottom maps and characterization reports (CPE, 2006a) d) native beach sand sampling and analysis results (CPE, 2006b) e) other projector Project Area documents produced to date. For any existing and proposed offshore borrow areas previously identified by the COUNTY, the COUNTY will provide COASTAL TECH with existing data and reports, as may be available, in hard copy and digital format, including: a) geotechnical reports - with core logs, gradation curves, & bathymetry (CPE, 2006b) b) magnetometer survey reports and/or results (CPE, 2006b) c) Historic and Cultural Resources Survey Reports and/or archeological reports (expected to be provided by the USACE), and d) "post -dredging" surveys of borrow areas associated with prior nourishment events. COASTAL TECH will also contact the USACE to obtain available reports and studies completed pursuant to the federal Feasibility Study for the Project Area and FDEP to acquire available data, reports or studies relevant to the Project Area. Based upon the documents obtained from the COUNTY, USACE and FDEP, COASTAL TECH will also: a) summarize shoreline and volumetric changes along the shoreline of the Project Area from 1972 to present time via updating of the USACE's historical trend analysis to include the 2006 beach profile data set — forthcoming from FDEP, b) summarize estimated sand volumes required to maintain a stable beach, c) summarize available data for model calibration and verification purposes, d) prepare comparative plots of historical profiles of the beach and dune for representative profiles in the Project Area, and e) review and recommend updates to FDEP's April 2006 report titled "Critically Eroded Beaches in Florida" to incorporate summer 2006 survey data and specifically address (i) "recreational interests, wildlife habitat, or important cultural resources" that "are threatened or lost", and (ii) "gaps between identified critically eroded areas which, ... inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects." COASTAL TECH will assess the data and reports provided by the COUNTY, FDEP and the USACE, visit the Project Area, and provide a written summary of the data including: a) updated existing site conditions b) the nature, extent and adequacy of the existing data, and c) additional data needed for design and permitting of the Project — as may be provided by COASTAL TECH under a separate authorization. Page 2 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie Task Assignment 2007-1 COASTAL TECH, in coordination with the COUNTY, will host a Project Area Condition Assessment meeting with agency staff from USAGE, FDEP, USFWS, NMFS, and FFWCC to review Project Area conditions, the sufficiency of available data, and the need, if any, for additional field investigations to document site conditions in the Project Area in support the project design and permitting processes. COASTAL TECH will solicit initial agency input on regulatory compliance matters (particularly, hardbottom impacts and mitigation methods), and conceptual alternatives that should be considered or eliminated. COASTAL TECH will prepare a written summary of Task 1 a results and provide five (5) copies (including digital - electronic version in "pdf' format") of the written summary to the COUNTY, FDEP and USACE. Task lb — Alternatives Screening & Justification: COASTAL TECH will meet with COUNTY staff to: a) review the overall process/schedule for design and permitting of the Project b) present and review the written summary of Task 1 a results c) review agency input regarding project alternatives, hardbottom impacts and mitigation issues, and d) present a range of alternatives eliminated from detailed evaluation and the reasons for elimination. COASTAL TECH will prepare a Project Justification Document that identifies and describes the necessity and justification for the proposed Project including consideration of the public interest in shore protection and restoration and the potential impacts of the project, with particular attention to potential impacts to nearshore hardbottom resources. The report shall address compliance with Section 404(b)(1) of the Guidelines of the Clean Water Act and the "Public Interest Assessment" criteria cited in Section 373.414, Florida Statutes. The draft Project Justification Document will (a) be distributed to USACE and FDEP staff in advance of proposed pre -application conferences under Task lc, and (b) serve as a foundation for the "Project Purpose and Need" section of the Environmental Impact Statement prepared under Task 5. Task lc - Planning Charette: COASTAL TECH will meet with the COUNTY and lead a planning charette (Public Workshop) to: a) explain the purpose of the Project, its schedule and expected outcome b) present a range of alternatives eliminated from detailed evaluation and the reasons for elimination c) present the results of Tasks 1 a and 1 b d) invite and initiate public input relative to (i) Project purpose and need, (ii) Project design criteria, (iii) issues or concerns, and (iv) goals, and objectives and (v) preferred alternatives, and e) identify key stakeholders within the community. COASTAL TECH will prepare a draft press release for the charette. The COUNTY will complete and issue the press release. COASTAL TECH will prepare for and participate in the charette, and will prepare a written summary of public comments at the meeting. Page 3 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 ` r St. Lucie Task Assignment 2007-1 Task Id - Pre -Application Conferences: COASTAL TECH will arrange, attend, and chair two pre -application conferences including COUNTY staff with (1) FDEP regulatory and project management staff, (2) USACE regulatory staff, (3) state commenting agency staff (FFWCC), and (4) federal commenting agencies (NMFS, USF&WS, EPA). In general, the purpose of the pre -application conferences shall be to: a) present the Project including results of Tasks 1 a through 1 c b) further identify and refine issues and means to address these issues, c) further identify and refine requirements for obtainment of permits including: 1) form and content of the NEPA document, 2) alternatives to be addressed in the NEPA document, 3) supplemental field investigations to characterize existing nearshore hardbottom and other environmental resources, and d) confirm or revise the scope of subsequent tasks. COASTAL TECH will prepare a written summary (including digital -electronic version in "pdf' format") of each pre -application conference. Following the charette and pre -application conferences, COASTAL TECH will conduct a Project Team Workshop including COUNTY, FDEP and USACE staffs in order to: a) review the public comments b) review results of Tasks 1 a through 1 c c) affirm or revise the remaining tasks within this Scope of Services. Page 4 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services Task 2 — DESIGN For each phase of design (Tasks 2a and 2b), COASTAL TECH will review the design with the COUNTY and make appropriate revisions as may be identified by the COUNTY. Task 2a - Preliminary Design: COASTAL TECH will confer with the COUNTY, USACE, and the commenting agencies to verify those alternatives to be evaluated in detail in Tasks 2 a through 2c. In addition to "no action", four (4) alternatives will be evaluated in detail including the following expected alternatives: a) beach fill with "no impact" to existing hardbottom ("avoidance" alternative) b) beach fill with minimum impact ("minimization' alternative) c) beach fill to restore the 1972 and/or 1986 shoreline. d) another alternative as may be identified in coordination with the COUNTY, USACE and commenting agency staff. Each alternative will include a dune feature and/or potential multiple test sections for "turtle - friendly" provisions to reduce impacts to nesting turtles and hatchlings. Based on the data provided by the COUNTY, for each alternative, COASTAL TECH will: a) evaluate the probable fill performance, including calculation of the projected ETOF accounting for wave transformations considering bottom friction and the potential modification of the bottom friction due to existing hardbottom, b) quantify potential impacts to nearshore hardbottom and other potential environmental resources, including pipeline corridor impacts, as described in Task 2b, c) calculate potential mitigation requirements based on FDEP UMAM procedures (and other functional assessment methods as may be prescribed by the USACE, NMFS or USFWS) and identify potential mitigation methods and mitigation areas, d) refine initial fill and re -nourishment interval and volume to maximize net benefits, e) design borrow area cuts to yield the fill volume requirements, f) prepare an opinion of probable initial construction (including mitigation) and annual maintenance costs, g) identify pipeline corridors and potential pipeline impacts associated with pipeline placement, operation, and removal, and h) prepare 81/2" by 11 " drawings (plan view and cross-section) depicting the alternative. The performance of each alternative will be analyzed and evaluated based on (a) historical analysis of site conditions, (b) usual and customary analytical methods and (c) numerical models. Final selection of the models and/or other specific design tools will be made in collaboration with FDEP and USACE staff following the initial pre -application meetings. It is expected, however, that modeling efforts will include a) "SBEACH" (to assess fill "adjustment" for representative profiles) , b) "GENESIS" (to assess longshore transport, "spreading" and shoreline evolution), and c) "REFDIF" (to assess the potential impacts of dredging within the borrow area and analyze expected changes in wave heights associated with borrow area cuts). Page 5 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services Modeling will be undertaken with in accordance with the following: a) The wave transformation numeric modeling analysis will account for bottom friction due to the presence of hardbottom and the potential for modification of the bottom friction by fill placement. b) The calibration and verification of the models will be provided to the FDEP before employing the models in the alternative analysis, including identification of: (i) the model area, (ii) the model boundary condition, (iii) the •grid resolution (distance between the model grids), and (iv) the computational time step to be used in the model. c) Historical shoreline data will be used to calibrate models as appropriate and cover a minimum of four separate years at intervals of at least two years. d) Calibrated parameters will be constant through the model verification and subsequent model simulation phases. The time frame for model verification will contain the most recent available data. e) To determine shoreline model effectiveness, principles of Foster (2002) will be applied with corresponding scatterplots; correlation and the regression coefficients will be provided to FDEP for acceptance. f) The final details of the modeling calibration, verification, and alternate design analysis will be provided as a separate appendices attached to the EIS. Task 2b — Preliminary Environmental Assessment: To delineate and quantify nearshore hardbottom resources and to provide a more complete understanding of hardbottom quality, functions, and values (including associated Essential Fish Habitat (EFH) and Habitat Areas of Particular Concern (HAPC)), COASTAL TECH will develop and undertake a UMAM assessment (and other functional assessment methods as may be prescribed by the USACE, NMFS or USFWS) of nearshore benthic communities and potential impacts in the Project Area per F.A.C. Chapter 62-345 Uniform Mitigation Assessment Method. It is anticipated that additional field investigations will be necessary to adequately define existing benthic resources and fisheries - as may be identified by the regulatory agencies under Task 1; based on comments from the NMFS relative to this Scope of Services, it is anticipated that such additional field investigations may include characterization of the nearshore hardbottom communities via fish surveys and documentation of life stage history (including early life history stages); COASTAL TECH may provide these additional investigations under separate authorization. In anticipation of the requirement to mitigate for impacts to nearshore hardbottom resources, COASTAL TECH will obtain and review recent FDEP data, reports and permit drawings for hardbottom mitigation efforts is similar hardbottom-prominent areas. Based on the review and consultation with FDEP and the commenting agency staff - including NMFS - COASTAL TECH will confer with FDEP and commenting agency staff - including NMFS - to identify acceptable hardbottom mitigation techniques and practices, including successful mitigation designs and construction techniques, and to incorporate mitigation considerations into the Project planning process. Page 6 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services The USAGE, under the existing federal Feasibility Study authorization, will complete historic & cultural resources survey of the Project Area and potential borrow areas, including coordination with the State Historic Preservation officer (SHPO). Upon receipt of the investigation data/report from the USACE, COASTAL TECH will identify 200' buffer areas around each historic site or shipwreck that is not relocated and ensure the buffer areas are incorporated into the Borrow Area dredge plan. Should the USACE be unable to complete the Historic and Cultural Resources Survey, COASTAL TECH may complete the work under separate authorization. COASTAL TECH will prepare an Environmental & Historic Resources Impact Assessment Document which will: a) document to location, quantity, and quality (including functions and values) of environmental resources in the Project Area and borrow areas, with particular attention to nearshore hardbottom resources, b) summarize probable environmental and historic resource impacts for each Project alternative, c) identify potential pipeline corridors, and potential hardbottom impacts to resources within the corridors, and d) identify, where required, potential mitigation quantities, site locations, mitigation techniques, and associated mitigation costs. The document will serve as the basis for the Environmental Consequences section of the Environmental Impact Statement (EIS) prepared in Task 5. Task 2c - Economic Analysis & NED Plan: In cooperation with the USACE and in accordance with ER-1105-2-100 (April 2000) and other federal planning guidance, COASTAL TECH will evaluate the probable annual costs and benefits of the Project in order to identify the National Economic Development (NED) Plan/National Ecosystem Restoration (NER) Plan. In the cost/benefit evaluation, COASTAL TECH will seek to optimize the Project design to produce the greatest net economic and environmental benefits, while fulfilling the Project purpose and need. As provided in ER-1105-2-100, the optimization analysis will seek to ensure, to the extent possible, that the project will maximize national economic development (NED) outputs, increase ecosystem value (NER outputs) and fulfill the Project purpose and need in a manner consistent with protecting the Nation's environment. As described below, the Economic Analysis will include: a) Hurricane and Storm Damage Reduction (HSDR) Benefits such as: i. Land loss prevention due to normal long-term erosion and storms ii. Upland structure damage/loss prevention (damage frequency curve) iii. Erosion Control Structures Damage Reduction iv. Public safety (for example, protection of roads) v. Benefits to downdrift properties, if applicable Page 7 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services b) Recreation Benefits such as increased visitorship as a result of beach restoration, increased length of stay, increased expenditures during the visit, and increased tax receipts from tourists that would not otherwise occur without the project, and c) Environmental Benefits, including ecosystem restoration opportunities (NER outputs). COASTAL TECH will assess net benefit/cost ratio for up to four alternative fill templates as defined in Task 2a. Benefits will be determined as described below: Storm Damage Reduction Bene ts. COASTAL TECH will perform SBEACH analysis for each template to provide a basis to assess and quantify storm damage reduction benefits for all properties or categories of properties in the project area. Under its existing federal Feasibility Study authorization, the USACE will also provide a structure inventory in the Project Area and assess the structures resistance to storm damage. In accordance with USACE procedures, annual storm damage reduction benefits will be estimated by COASTAL TECH based on probable annual damages for conditions with and without the project. Recreational Bene ts. For each template, COASTAL TECH will calculate and analyze recreational benefits expected to be derived from the Project area. This analysis will generally include the following subtasks: a) Development of a Beach User Survey tailored to the Project Area, b) Conduct summer and winter Beach User Surveys with evaluation and interpretation of data, and c) Compilation of survey data and preparation of a recreational benefits report. The recreational benefits will be estimated by comparing the recreational value of the nourished beach to the value of the non -nourished beach. Personal interviews of beach users in the winter and summer seasons will be undertaken to account for differences between winter and summer beach users. A minimum of 400 beach users will be interviewed over a minimum of a five day period in each season. Beach users will be asked to value their experience on the beach by providing an estimate of their willingness to pay. The results of the seasonal recreational benefits will be used to extrapolate and total annual recreational benefits expected from the Project. Recreational values will also be calculated on a per square foot of beach basis -- both with and without the Project -- to facilitate evaluation and optimization of the Project design. Environmental Benefits. COASTAL TECH will refine the proposed initial fill, dune feature - including native dune plants, and re -nourishment interval, to optimize the design to (a) maximize net benefits, and (b) avoid and/or minimize impacts . to environmental resources. In addition to potential recreational and environmental benefits, analysis of the NED/NER Plan will account for: (a) potential loss of or reduction in nearshore hardbottom habitats and the associated natural shoreline protection functions, (b) potential loss or reduction in Page 8 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 , South Beach Design & Permitting Scope of Services recreational activities such as surf fishing, snorkeling, diving, and surfing, and (c) potential environmental loss of EFH HAPC — considered as permanent loss until mitigation and monitoring reveals otherwise. Based on the Economic Analysis described above, COASTAL TECH will identify the optimized NED Plan and a Locally Preferred Plan (LPP), if desired by the COUNTY. COASTAL TECH will prepare a Project Design Document summarizing the preliminary design analysis and the basis for the NED Plan and LPP, if any. COASTAL TECH will meet with the COUNTY and USACE to present and review the Draft Project Design Document, subsequently make revisions as required by the County, and provide fifteen (15) copies of the Design Document to the COUNTY. The Design Document will serve as a basis for the "Alternatives Considered in Detail" section of the Environmental Impact Statement prepared under Task 5. Task 2d - Final Design Plans & Specs: Upon obtainment of the FDEP and USACE permits and/or upon COUNTY issuance of a Notice -to -Proceed, COASTAL TECH will prepare 24" x 36" final design drawings, with Technical Specifications for the project as eventually permitted under Task 3. COASTAL TECH will prepare Contract Documents for bidding and award of a construction contract. The COUNTY will provide the "front-end" documents which shall be incorporated into the Contract Documents. The plan view drawing of the project shall include the beach fill and dune construction limits, hardbottom limits, pipeline easements, construction staging areas, and construction accesses. The drawings will also include the borrow area easement, construction details, typical sections for the fill construction template, finished grades, and any dune vegetation details. Page 9 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 , St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services Task 3 — PERMIT APPLICATION Task 3a - Supporting Documents: COASTAL TECH will prepare and submit supporting documents required for the permit application. The supporting documentation necessary for the permitting process will be determined in association with state and federal agencies with jurisdiction over the project in the Task lc Pre -application meeting and Task 5b EIS Scoping Process. The supporting documentation will include: a) physical monitoring plan, b) sediment QA/QC plan, c) borrow area wave impact analysis results (developed under Task 2a), d) shoreline evolution model results (developed under Task 2a), e) pre-, during- and post -construction biological monitoring plan, including qualifications, f) turbidity monitoring plan and qualifications, including turbidity monitoring of hardbottom areas in proximity to the fill placement area, and g) Hardbottom Impact Mitigation & Monitoring Plan, including sedimentation monitoring for pre-, during-, and post -construction periods. If mandated by the FDEP, USACE or other federal agency with jurisdiction, the following supporting documentation may be prepared under separate authorization from the County: a) Supplemental Borrow Area Hardbottom Quantification & Characterization Report, b) Supplemental Nearshore Hardbottom Quantification & Characterization Report, c) Supplemental Cumulative Impact Assessment (CIA) Report, d) Essential Fish Habitat (EFH) Assessment Report, and e) Habitat Conservation Plan (HCP) for protected species Task 3b - Permit Applications: COASTAL TECH will prepare and submit applications for the FDEP and USACE permits and easements required for the Project including an "Application for Joint Coastal Permitting, Authorization to Use Sovereign Submerged Lands, and Federal Dredge and Fill Permit" and a Public Easement or Consent of Use for the proposed borrow area and pipeline route as appropriate. The application shall include the (a) permit sketches (preliminary design drawings) and Design Document prepared under Task 2a, (b) a sketch and legal description for the borrow area and pipeline corridor, and (c) geotechnical data formatted for inclusion in the ROSS database with the final geotechnical report — as appropriate and as prepared under the separately authorized Geotechnical Investigations Scope of Work. COASTAL TECH will request (a) that final design plans be a condition for issuance of a "Notice to Proceed' following agency review and acceptance and/or modification of the preliminary design, (b) a mixing zone within the fill area, and (c) a partial waiver of dredge fees for use of borrow material obtained from sovereign lands. COASTAL TECH will review the draft permit application with the COUNTY and incorporate revisions as appropriate — prior to submitting the application to FDEP and USAGE. Page 10 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie Task Assignment 2007-1 . Task 4 — FDEP PERMIT PROCESSING Task 4a — FDEP Permit Processing: Subsequent to submittal of the permit application, COASTAL TECH will serve as the COUNTY's agent for the permit process. COASTAL TECH will proactively contact with FDEP staff to informally monitor the process, address staff questions, and facilitate agency consideration of the application. COASTAL TECH will verify the Joint Coastal Permit Application processing fee amount and notify the COUNTY when payment is due to FDEP. As needed, COASTAL TECH will compile, clarify, and provide existing information as may be requested by FDEP staff. COASTAL TECH will seek to negotiate permit condition(s) for the project that are acceptable to the COUNTY. Task 4b — RAI & Meetings: For the purposes of this Scope, it is expected that FDEP will make two (2) requests for additional information (RAI) and that three (3) meetings will be required with FDEP staff in Tallahassee to favorably conclude the permit application. It is assumed that existing information (including design details/analysis) will be sufficient to meet permit application requirements with minor adjustments, clarifications, or analysis. If FDEP mandates additional surveys, reports, modeling analysis or and studies beyond those identified herein, COASTAL TECH will undertake these additional tasks under separate authorization if directed by the COUNTY. Task 4c - Erosion Control Line & Easements: COASTAL TECH will perform field surveys, prepare legal description, drawings, and a formal application for establishment of an Erosion Control Line (ECL) for the project shoreline. The drawing will include depiction of the ELC on controlled aerial photography (V = 100') of the project area — available from FDEP. COASTAL TECH will submit a draft ECL request to the COUNTY for approval prior to formal submittal to the FDEP. COASTAL TECH will address DEP staff questions and provide clarifications of the request as may be required to obtain DEP approval. COASTAL TECH will attend a public hearing by FDEP to address questions put forth by attendees at the hearing. Based upon data available from the COUNTY's Property Appraiser's office, COATAL TECH will compile a list of property owners within the Project area; the COUNTY shall verify the property owners via title search or via other means as may be deemed appropriate by the COUNTY. COASTAL TECH will prepare drawings and legal descriptions depicting proposed easements at each individual property in the Project area. COASTAL TECH will assist the COUNTY in obtaining easements from upland property owners to allow for placement and maintenance of fill and structures upland of the ECL. Page i 1 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 , St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services Task 5 - USACE PERMIT PROCESSING & NEPA COMPLIANCE The work under Task 5 includes production of a NEPA Compliance Documents (Environmental Impact Statement or EIS) to support favorable consideration of the Section 404 dredge and fill permit application for the St. Lucie County South Beach Restoration Project. The EIS and supporting work products are subject to specific federal oversight by the USACE, as lead agency, and review and comment by U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), Environmental Protection Agency (EPA) and the public. Comment and review by federal, state, and local government entities and review by the public may result in concerns and issues unanticipated by COASTAL TECH or the COUNTY. Control of the EIS schedule rests with the USACE as lead agency for the NEPA process. This scope of services is intended to include all tasks proscribed by the NEPA, CEQ regulations, and USACE regulations (33 CFR Part 325) for completion of an EIS that are not otherwise performed by the USACE or those services included in Task Assignment 2007-1, Amendment 1. COASTAL TECH will represent the Project before USACE and federal commenting agency staff toward obtainment of the USACE permit and to negotiate an acceptable USACE permit for the project. Task 5a — USACE Permit Processing: Subsequent to submittal of the permit application under Task 3, COASTAL TECH will make informal contact with USACE staff to address staff questions regarding the application and project. COASTAL TECH will compile, clarify, and provide existing information as may be requested by the USACE to facilitate USACE processing of the application and identification of the need for a "Scoping Meeting" — as identified in Task 5b. Task 5b — EIS Scoping: In coordination with USACE staff, COASTAL TECH will prepare a draft "Notice of Intent (NOI) to Prepare an EIS" for publication in the Federal Register and COASTAL TECH will provide the draft NOI to the USACE for publication with mailing labels for interested parties identified by the USACE. COASTAL TECH will confer with USACE staff to expedite USACE processing and publication of the NOI. In preparation for the Scoping Meeting, COASTAL TECH will: a) consult with the USACE and commenting agencies to conceptually identify the scope of the EIS based on comments received on the NOI, b) research and review federal rules and procedures governing NEPA and the EIS process, and c) confer with COUNTY and USACE staff to formulate an agenda for the Scoping Meeting, d) contact USACE, USFWS, EPA, and NMFS staff to assist USACE staff with scheduling and arrangements for of the Scoping Meeting, and e) prepare and distribute a preliminary EIS Scope Document for presentation at the meeting. COASTAL TECH shall attend the EIS Scoping meeting as scheduled by the USACE. Page 12 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 COASTAL TECH will make a presentation describing the proposed Project and identifying known issues regarding the scope of the EIS. At this meeting, COASTAL TECH will seek to clarify the EIS scope and resolve scoping issues raised in NOI comments. Following the Scoping meeting, COASTAL TECH will prepare a written summary of the meeting and revise the draft EIS Scope Document identifying specific issues to be analyzed and/or addressed in the EIS document, including any additional field investigation or environmental analysis necessary to support the EIS. The revised draft EIS Scope will be provided to the COUNTY, FDEP, the commenting agencies and USACE staff for review and acceptance. COASTAL TECH will confer with the COUNTY, USACE, and federal agencies as appropriate to review, revise, and finalize the EIS Scope. As may be warranted based on the scoping process, COASTAL TECH will prepare and provide to the COUNTY a detailed Scope of Work to address any required work elements beyond this Scope of Work. Task 5c — Preliminary Draft EIS: In general, COASTAL TECH will initiate preparation of a Preliminary Draft EIS document consistent with the EIS Scope concluded under Task 5b. ; this initial work shall be limited to the available budgeted funds. The "Project Purpose and Need" shall be as developed under Task 1 — as refined in concert with Task 5b. The "Project Alternatives" shall be as developed in Tasks 1 and 2. COASTAL TECH will also prepare the "Affected Environment" and "Environmental Consequences" sections for inclusion in the Draft EIS based on data and reports supplied by the COUNTY or, if necessary, any supplemental field investigations or environmental reports mandated by the state or federal agencies or undertaken in Task 2. COASTAL TECH will reproduce and distribute the Preliminary Draft EIS in "pdf'format to the USACE, NMFS, EPA, and USFWS, and other appropriate agencies, as identified by the USACE in its role as lead agency. COASTAL TECH will schedule and attend up to three interagency Preliminary Draft EIS review meetings to present the Preliminary Draft EIS draft and solicit comments on the content, format, organization, and analyzes as presented in the Preliminary Draft EIS document. All participating agencies, including NMFS, will be invited to attend these joint review meetings. Based on agency review, COASTAL TECH will identify the data and/or analysis gaps raised by the agencies. COASTAL TECH will prepare a written summary of meeting discussions and comments. As may be required by the agencies, COASTAL TECH will conduct additional analysis and data collection under separate authorization. Task 5d — Draft EIS: COASTAL TECH will prepare a Pre -Publication Draft EIS document which shall incorporate the results of the interagency meeting under Task 5c. Compilation of the Pre -Publication Draft EIS is expected to be primarily administrative in nature and include such tasks as re -titling the report, footnotes, document references, and addition or expansion of select sections. COASTAL TECH will provide the USACE, COUNTY, NMFS, EPA, and USFWS with a digital copy in "pdf' format — of the Pre -Publication Draft EIS. COASTAL TECH will Page 13 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 • . , St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services provide for further reproduction and distribution as deemed appropriate by the USACE. COASTAL TECH will informally review and consult with the USACE, COUNTY, NMFS, EPA, and USFWS to refine and complete the draft EIS. COASTAL TECH will schedule and attend one USACE meeting to present the Draft EIS, advise USACE staff of agency comments, and solicit USACE staff comment on the content, format, organization, and analyzes presented in the document. Based on USACE review and comments, COASTAL TECH will make necessary and appropriate' revisions to the Draft EIS. COASTAL TECH will provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format — of the Draft EIS. The USACE will provide for further reproduction and distribution as deemed appropriate by the USACE in accordance with federal regulations. Task 5e — Public Hearing & Comments: In accordance with applicable federal regulations and USACE guidance, COASTAL TECH will prepare and provide to the USACE a draft notice for publication in the Federal Register to announce the availability of the Draft EIS for a 45 day public review period and the public hearing on the document - with mailing labels for interested parties identified by the USACE. The COUNTY will identify and provide (a) locations where the Draft EIS will be available for public review, and (b) a date and location for the public hearing. COASTAL TECH will also provide the Draft EIS in a format acceptable to the USACE for posting on the USACE website. COASTAL TECH will prepare for and present the Draft EIS document at the public hearing scheduled by the USACE. COASTAL TECH will coordinate the public hearing agenda with USACE staff and prepare such exhibits, summaries or other materials to facilitate the public hearing process. In accordance with applicable federal regulations and USACE guidance, COASTAL TECH will compile and prepare a written summary of written and oral comments received on the Draft EIS during the public review period, including the comments received at the public hearing. In coordination with the USACE and the COUNTY, COASTAL TECH will prepare draft responses to all public comments individually or collectively, including drafts of any necessary and appropriate revisions to the Draft EIS. The draft response to comments and draft document revisions will be forwarded to the USACE staff for review and approval. COASTAL Tech will schedule and attend one meeting with USACE staff to review the draft responses. The purpose of this meeting will be to identify and advance appropriate revisions to (a) responses to public comments and (b) the EIS document revisions. COASTAL TECH will make such revisions to the Draft EIS as directed by the USACE after consultation with and concurrence by the COUNTY. A revised Draft EIS will be produced incorporating the changes and the Public Comment and Response Appendix. COASTAL TECH will provide the Draft EIS in digital form to the USACE. COASTAL TECH will reproduce and distribute the revised Draft EIS to the USFWS, NMFS, EPA and other entities identified by the USACE. Page 14 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 St. Lucie County Task Assignment 2007-1 ` Y South Beach Design & Permitting Scope of Services Task 5f — Final EIS (FEIS): To advance and complete the FEIS, COASTAL TECH will solicit input from the agencies as to appropriate revisions to the Draft EIS document. COASTAL TECH will prepare a written summary of the comments and compile the Draft FEIS document and distribute it to the USACE, FDEP, federal commenting agencies, and other key stakeholders. Compilation of the Draft FEIS is expected to be primarily administrative in nature and include such tasks as re -titling the report, footnotes, document references, and addition or expansion of select sections. COASTAL TECH will coordinate with the USACE to schedule and host an initial interagency coordination and Draft FEIS review meeting to discuss necessary modifications, clarifications and comment responses. COASTAL TECH will schedule and attend up to three USACE meetings to present the Draft FEIS and solicit USACE comments on the content, format, organization, and analysis in the document. Coordination with FDEP and the Federal commenting agencies will also be undertaken as needed. Based on the review of the document and comments from the USACE and other agencies, COASTAL TECH will make appropriate revisions and prepare. the Final EIS. COASTAL TECH will provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format — of the Final EIS. The USACE will provide for reproduction and distribution to agencies and the public in accordance with federal regulations. In accordance with applicable federal regulations and USACE guidance, COASTAL TECH will prepare and provide to the USACE a draft Federal Register notice announcing the availability of the Final EIS for public review and comment - with mailing labels for interested parties identified by the USACE. COASTAL TECH will also provide the Final EIS in a format acceptable to the USACE for posting, on the USACE website. COASTAL TECH will compile and tabulate all written comments received on the Final EIS during the public review period and evaluate these comments to determine whether comments should be (a) incorporated into an appendix in the Final EIS, (b) addressed via a response to the commenter, or (c) addressed via a change in the Final EIS. COASTAL Tech will schedule and attend one meeting with USACE staff to review comments to conclude whether comments should be (a) incorporated into an appendix in the Final EIS, (b) addressed via a response to the commenter, or (c) addressed via a change in the Final EIS. In coordination with the USACE and the COUNTY, COASTAL TECH will prepare responses to all public comments individually or collectively, including drafts of any necessary and appropriate revisions to the Final EIS. The draft response to comments and draft document revisions will be forwarded to the COUNTY and USACE staff for review acceptance. No additional face-to-face meeting is anticipated to finalize the comments or revisions to the Final EIS. Upon USACE and COUNTY acceptance of the responses to public comments, COASTAL TECH will incorporate the responses into the Final EIS and provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format — of the Final EIS. The USACE will provide for reproduction and Page 15 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 0 • S St. Lucie County Task Assignment 2007-1 South Beach Design & Permitting Scope of Services distribution to agencies and the public in accordance with federal regulations. Task 6 - PROJECT ADMININISTRATION & COORDINATION Throughout the work, COASTAL TECH will maintain informal contact with COUNTY, FDEP, USACE, federal and state agencies and key stakeholders to address questions and advance the project through the Design and permitting process. Project administration will involve managing the project budget and schedule, notifying agencies and key stakeholders of the schedule, meeting, deadlines, and the timing and progress of work. As necessary to facilitate the effort, COASTAL TECH will coordinate the activities by all parties engaged in the work. COASTAL TECH will prepare and update a Microsoft Project Schedule as tasks and milestones are met. COASTAL TECH will meet with the COUNTY as may be requested from time to time. Page 16 of 16 January 2, 2007 Amended July 15, 2008 & January 5, 2009 53 m it m m m a a � ol R ° vm vN� NHNNNN w_v_v a o v o v aam vv NN � uvs� S �f m m S:Nmvv m a o o� S ve� S $ m F yL' M r wm .v ate. s.m a m Dory N I 3 �a 3 ......... ..... R av a aaaa voN v vuN ml� 9 a vN a m a _ a �S a mN 0 -'- - -- -- - -- -- ' - -- - - - - - - - - - - - - - - - - ... ..-_. _____. _. _ -___- __ MSm - :S - ___ri R GI6 $ �N=»ffi CffiHN--.m'.T='T9NW�m� �««»•« � � !YTGU� «" '« �« T�„rya»ffi»�xa aU�mmm��mti !8 - mgo;m �m N �a « g o ° v ffiffiU =' ffi Tm «T �me�o ='ffiW »»m eom9 �TNv»»e»»T»T„�»»gm oYv��gm�g>Ngo s C �m 'ITTGU i�goovN «« �861 - 7 tci N 1 AGENDA REQUEST TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION ITEM NO. I11- , -_ DATE: January 20, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: &."(R "111 Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Amendment No. 1 to Project Agreement 07SL3 for a FDEP matching grant to evaluate the performance of a potential sediment basin for sand by-passing purposes at the Ft. Pierce Inlet. BACKGROUND: See attached memorandum. FUNDS: FDEP Grant 07SL3 (50%); Total Amount: $452,900; (Erosion District: $226,450, FDEP: $226,450). Funds ($226,450) will be made available in Account #184212-3710-531000-3712; Erosion District & FDEP-IMP Grant. Budget Resolution No. 09-003 is also attached for Board consideration. PREVIOUS ACTION: On January 8, 2002: Board approved FDEP Grant ($68,983) and Work Authorization ($137,966) with Taylor Engineering to initiate a Sand By -Passing Feasibility Study for Ft. Pierce Inlet. July 15, 2008: Board approved FDEP Grant No. 07SL3 and W.A. No. 13 with Taylor Engineering to provide extensive data collection and field measurements for the evaluation of a deposition basin alternative. RECOMMENDATION: Staff recommends the Erosion District Board approve 1) Amendment No. 1 to Project Agreement No. 07SL3 with FDEP, 2) Budget Resolution No. 09-003, 3) Amendment No. 1 to Work Authorization No. 13 (Contract #04-11-622) with Taylor Engineering, Inc., increasing the contract amount by $452,900 and 3) signature of said documents by the Chairman. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Craft Absent c? [x] County Attorney Dan McIntyre [x]Originating Dept. Public Works' Don West Faye W. Outlaw, MPA County Administrator Coordination/Signatures [x] Mgt. &Pudget [x] Erosion Districts bhnsus Barbara Meinhardt [ ] Purchasing Dept. [x] Finance Department (Grants) (copy) PUBLIC WORKS - EROSION MEMORANDUM 09-003 TO: St. Lucie County Erosion District Board VIA: Donald B. West, Public Works Director " FROM: Richard A. Bouchard, Erosion District Manager DATE: January 8, 2009 SUBJECT: Amendment No. 1 to Project Agreement 07SL3 with FDEP First Amendment to Work Authorization No. 13 with Taylor Engineering, Inc. BACKGROUND: The management plan (May, 1997) for Ft. Pierce Inlet indicates it is cost effective to utilize off -shore sand sources to mitigate the erosive impacts due to the inlet on the down -drift shoreline but to consider sand by-passing alternatives (transfer of beach sand from the north side of the inlet to the south side) in the future. On January 8, 2002, the Board approved a matching grant with FDEP along with a scope of work for Taylor Engineering, Inc. to initiate a feasibility study to evaluate various sand by-passing alternatives. Taylor Engineering, Inc. completed a draft feasibility study in June 2003 and forwarded it to FDEP for review. After several discussions on the draft feasibility study, FDEP staff recommended evaluating the sediment impoundment basin alternative in greater detail. On July 15, 2008, the Board approved FDEP Project Agreement No. 07SL3 and Work Authorization No. 13 with Taylor Engineering, Inc. in order to move forward with this evaluation. This work consisted of substantial field measurements, data collection and some minor modeling. After reviewing the most recent work product, FDEP recommended moving forward with the next phase of this effort which includes the preliminary design and evaluation of the performance of a sediment basin. The detailed scope of work is included in the attached work authorization with Taylor Engineering, Inc. Funding for this next phase will be part of an amended grant agreement with FDEP which is also attached for Board consideration. It should be noted that preparation and submittal of any permit applications for this project will not proceed without Board approval. There are still many important issues such as long-term project costs, operation and maintenance responsibility, etc. that need to be addressed. RECOMMENDATION: Staff recommends the Erosion District Board approve 1) Amendment No. 1 for Project Agreement No. 07SL3 with FDEP, 2) Budget Resolution No. 09-003, 3) Amendment No. 1 to Work Authorization No. 13 (Contract #04-11-622) with Taylor Engineering, Inc., increasing the contract amount by $452,900 and 3) signature of said documents by the Chairman. rb RESOLUTION NO. 09-003 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection amending the grant award to an additional $226,450 for the Fort Pierce IMP Implementation. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 20th day of January 2009, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2008-2009, and the Erosion District's budget is hereby amended as follows: REVENUES 184212-3710-334391-3712 Dept of Env Protection $226,450 APPROPRIATIONS 184212-3710-531000-3712 Professional Services $226,450 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Charles Grande, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 20th DAY OF JANUARY, 2009. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AMENDMENT No: 1 DEP AGREEMENT No: 07SL3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR FORT PIERCE IMP IMPLEMENTATION THIS AGREEMENT entered into on the 8`h day of January, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows: Paragraphs 1- 41 are hereby revised to read as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the FORT PIERCE IMP IMPLEMENTATION, (hereafter referred to as the PROJECT), as defined in Attachment A- 1. (Project Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract' and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on December 31, 2010. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 2007, may be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the implementation of the Ft. Pierce Inlet Management Plan that includes measures to mitigate the impacts of the Inlet. The plan recommends bypassing beach compatible dredge material to down drift beaches within the area of inlet influence, development of a sediment impoundment basin to facilitate bypassing and the implementation of a comprehensive monitoring program. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re -initiated upon execution of subsequent amendments - to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 1, Page 1 of 9 7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%) of the total cost share for a specified task be forfeited for failure to obtain prior written authorization from the DEPARTMENT for a specific task. 8. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task # Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design and Permitting 2.1 Sediment Impoundment Basin $0 $117,905 $117,905 $235,810 2.2 Basin Alternatives Evaluation $0 $226,450 $226,450 $452,900 TOTAL PROJECT COSTS $0 $344,355 $344,355 $698 710 9. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $344,355 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 1, Page 2 of 9 12. In consideration for the satisfactory completion of the eligible work, identified in Attachment A-1 and approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment B-1 (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment C-1 (Request For Payment, PARTS I — III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment C-1, Project Progress Report must be completed and submitted. 13. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable DEP permits and the applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must provide the information described in this paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 14. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment C-1, Part III, Project Progress Report, as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period identified in paragraph twelve (12). Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. 15. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D-1 (Project Completion Certification). A final project certification inspection shall be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. DEP Agreement No. 07SL3, Amendment No. 1, Page 3 of 9 16. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 17. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 18. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-2362. The DEPARTMENT's Project Manager for all technical matters is - Wagner Yajure, Phone: 850/ 921-7837 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 19. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 20. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 21. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Richard Bouchard St. Lucie County Erosion District Public Works Department 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-2362 DEPARTMENT Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850)922-7711 Dena.vanlandingham@dep.state.fl.us 22. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 23. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 1, Page 4 of 9 24. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E-1 (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E-1 summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E-1. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator at 850/922-7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E-1, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: ems://aRps.fldfs.com/fsa_ The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 25. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 26. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 27. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 28. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 1, Page 5 of 9 29. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 30. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 31. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 32. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide 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 bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915. 33. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. 34. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor and provide a tabulation list from which the intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed scope of work. DEP Agreement No. 07SL3, Amendment No. 1, Page 6 of 9 35. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. 36. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 37. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 38. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 39. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 40. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 1, Page 7 of 9 All references to Attachment(s) A, B, C, D, and E, respectively, are hereby deleted and replaced with references to Attachment(s) A-1, B-1, C-1, D-1, and E-1. Attachment(s) A, B, C, D, and E are hereby deleted in their entirety. Attachment(s) A-1, B-1, C-1, D-1, and E-1 as attached hereto are hereby added to the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 1, Page 8 of 9 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT By: Title: *Commission Chair Date: FEID No.59-6000835 Grantee's Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: At�lAb1sx-t-,4- Secretary or designee Date: 0- -� C�W� Department of Environmental PrAction Grant Program Administrator APPROVED as to form and legality: Department of Environmental Protection Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of. Attachments/Exhibits included as part of -this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A-1 Project Work Plan (1 page) Attachment B-1 Contract Payment Requirements (1 page) Attachment C-1 Request For Payment, Parts I - III (3 pages) Attachment D-1 Project Completion Certification (1 page) Attachment E-1 Special Audit Requirements (5 pages) DEP Agreement No. 07SL3, Amendment No. 1, Page 9 of 9 ATTACHMENT A-1 PROJECT WORK PLAN FORT PIERCE IMP IMPLEMENTATION The PROJECT consists of the implementation of the Ft. Pierce Inlet Management Plan that includes measures to mitigate the impacts of the Inlet. The plan recommends bypassing beach compatible dredge material to downdrift beaches within the area of inlet influence, development of a sediment impoundment basin to facilitate bypassing and the implementation of a comprehensive monitoring program. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department of Environmental Protection permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at bgp://www.do.state.fl.us/beaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 Sediment Impoundment Basin Taylor Engineering was retained by the St. Lucie County Erosion District to conduct a field measurement study of Ft. Pierce Inlet in support of the sediment impoundment basin design effort. Tasks associated with this effort include: Tide measurement and wind data collection, current and suspended sediment (or bed elevation change) measurement, bathymetric survey, validation of sediment characteristics, evaluate sediment basin design alternatives and preparation of a final report. 2.2 Basin Alternatives Evaluation Taylor Engineering was retained by the St. Lucie County Erosion District to conduct a field measurement study of Ft. Pierce Inlet in support of the sediment impoundment basin design effort. Tasks associated with this effort include: Baseline model setup, calibration and validation; geotechnical investigation; Environmental assessment documents; Solicitation of stakeholders' inputs; Basin alternatives analysis; Final report; Preparation of decision document; Presentation of project results and recommendations; Preparation of the JCP permit application and permit submittals; Response to RAI's; and Project coordination and management. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Attachment A-1, Page 1 of 1 ATTACHMENT B-1 Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts that include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log that shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: hiLtp://www.fldfs.com/aadir/reference%5Fguid . DEP Agreement No. 07SL3, Attachment B-1, Page 1 of 1 ATTACHMENT C-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: FORT PIERCE IMP IMPLEMENTATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL3 Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 07SL3, Attachment C-1, Page 1 of 3 a a� a� FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: FORT PIERCE IMP IMPLEMENTATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL3 Report Period: Status of Eligible Project Items: percent of task completed to date Task Eligible Project No: Item: (Describe progress accomplished during report period, including statement(s) regarding . Describe any implementation problems encountered, ifapplicable.) 2.0 DESIGN AND PERMITTING 2.1 SEDIMENT IMPOUNDMENT BASIN 2.2 BASIN ALTERNATIVES EVALUATION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Attachment C-1, Page 3 of 3 ATTACHMENT D-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: FORT PIERCE IMP IMPLEMENTATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL3 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps,of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 07SL3, Attachment D-1, Page 1 of 1 ATTACHMENT E-I SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources, received from the Department of Environmental Protection.. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htta://l2A6.245.173/cfda/cfda.htnd. DEP Agreement No. 07SL3, Attachment E-1, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that 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, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the 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, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at bo://www.lest.state.fl.us/NVelcome/index.cfriL State of Florida's website at http://www.inyflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at ho://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directiv to each of the following: DEP Agreement No. 07SL3, Attachment E-1, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Attachment E-1, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless the date is extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Attachment E-1, Page 4 of 5 0 dam' lei d w C o a� o F-� b+ o W U O U a E d r.+ d � A � Uz a d a d 00 3 N w FA O o y �waz y p r� 0 •r O a a� � aU da w a � d fji pfr �« w d 0 ° v ox r� d ° A U w O O 0 U d A U L a a s N b w d L w w z 0 � •� O N N N W0 °' p V v d v� W f+ N .4 N C ON r M a\ 0 N 'C � o O U to aF=' Aw w w be w on w w mdr�ad a1d 0 0 0 ° w $ o 0 Z M M M w y a� [- 00 C\ N 116 N N a U 0 0 00 pp 1. a •.• a a 0 00 NE 0N U d �d is C7 C7 ° W p4 C7 c°�+N� W P4 0 L O b A Q A4 oa 00 a) o 0 � d d h vn 0 E-� C-04-11-622 (WA #13, Amend #2) SECOND AMENDMENT TO WORK AUTHORIZATION NO. 13 Professional Services Related to the Sand By -Passing Feasibility Study at Fort Pierce Inlet Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant") dated November 23, 2004 and extended on December 12, 2006 (the "Agreement") and Work Authorization No. 13 approved on January 8, 2008 and amended on November 10, 2008, is hereby amended to increase the total amount of the compensation to be paid to the Consultant to a not to exceed amount of Six=Hundred Eighty -Eighty Thousand and Seven -Hundred Nine Dollars ($688,709.00), an increase of Four -Hundred Fifty - Two Thousand andNine-Hundred Dollars ($452,900.00). The Consultant's additional Scope of Services, , Work Compensation Sheet", and Project Schedule have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of FDEP Project Agreement No. 07SL3 and subsequent amendments. All other terms and conditions of Work Authorization No. 13 (C-04-11-622) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Work Authorization No. 13 (C-04-11-622) to be executed and delivered on the dates below. WITNESSES: WITNESSES: HIMS WORO/MISCrrAYLOR.A2 WA13.2008 ST. LUCIE COUNTY EROSION DISTRICT BY: COUNTY ADMINISTRATOR Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: EXHIBIT A SCOPE OF PROFESSIONAL ENGINEERING SERVICES Ft. Pierce Inlet Sand Bypassing Preliminary Design and Permitting Overview The state adopted Ft. Pierce Inlet Management Plan requires beach placement of 130,000 cy/yr of beach compatible sand on downdrift beaches. The placement mitigates the impacts of the inlet to the downdrift shoreline areas and maintains the longshore sediment transport from north to south across the inlet. The Ft. Pierce Shore Protection Project currently exceeds the bypassing requirements; however, the project has performed poorly at the northern end due to localized inlet impacts and severe storm -induced erosion. In 2004, Taylor Engineering completed a study to identify an annual bypassing operation that could meet either the state adopted bypassing requirements or, at a minimum, supplement the shore protection project with 44,000 cy/yr to buffer high erosion rates and maintain the federal beach restoration project's design template over its renourishment interval. The study identified two alternatives — north jetty sand tightening with mobile sand bypassing plant and north jetty sand tightening with nearshore contractor dredging — as reasonably attractive alternatives to bypass sand across the inlet. After the 2004 study, Taylor Engineering evaluated a third alternative — construction of a sediment basin in the inlet with a possible construction of a weir across the north jetty to increase sediment transport across the jetty. An effective deposition basin in the inlet would capture incoming sediments from the weir and serve as a replenishing sand source for bypassing operations. A deposition basin would create an area of deep water, effectively decreasing flow velocities within the basin and causing sediment to deposit there, rather than further in the navigation channel and inlet interior. Past experience at several east coast Florida inlets has proven the effectiveness of channel deposition basins as replenishing sand sources for bypassing projects. At Ft. Pierce Inlet, a deposition basin within the inlet with periodic dredging could potentially fulfill the sand bypassing volume requirements. Preliminary estimates of the basin characteristics revealed needs for additional data to validate assumptions applied in the estimations. Building on these earlier efforts, Taylor Engineering performed a follow-on study to assess existing conditions and develop conceptual designs for a sediment deposition basin. Based on recommendations from the FDEP, the 2008 study began with a detailed field data collection efforts to characterize the physical environment. Taylor Engineering collected wind and tide data; tide level measurements; bathymetry and topography; inlet flow velocity, inlet bed elevation change, and inlet suspended sediment concentration; and offshore wave measurements. Inlet flow velocities and sediment characteristics provided validation data on sediment size, concentration, and vertical distribution and provided an understanding of the mechanisms involved in the inlet sediment transport. The flow measurements showed that, compared to flows near the navigation channel, the northern portion of the inlet experiences much lower flow velocities that make the location ideal for construction of a sediment basin — the lower velocities move the sediment over shorter distances during flood and ebb tides and thus create allow sediment to settle in a shorter distance. In addition, the bathymetric survey shows a sand spit along the inlet's northern shore at the inshore end of the inlet — another indication that sediments tend to deposit along the northern portion of the inlet. Thus, the new data suggest appropriate locations and dimensions for a deposition basin. Measured sediment concentration showed the bulk of the sediment transport occurs near the bottom as bedload. Applying the new information reduced from the field measurement, Taylor Engineering estimated shoaling rates within a proposed basin of approximately 82,000 to 250,000 cy/yr that would become available for placement on the south beach. Taylor Engineering recommends two alternative designs for the inlet sediment basin. Starting approximately 1,200 ft from the offshore tip of the northern jetty and 50 ft south of the inlet north shore, the first alternative consists of a 170 ft wide and 2,000 ft long basin with a bottom elevation at -40 ft- NAVD. The second alternative is a smaller basin that also starts 1,200 ft from the offshore tip of the northern jetty, located 100 ft south of the inlet north shore, and measures 120 ft wide and 1,000 ft long. The southern edge of both alternatives is approximately 100 ft north of the inlet's navigation channel. The calculations for these alternatives need refinement for engineering design. The following scope of work describes the tasks and methodology to evaluate the performance of design sediment traps along the northern shore of Ft. Pierce Inlet in St. Lucie County, Florida. This proposal describes the (1) modeling to evaluate baseline conditions, evaluate trapping efficiency of proposed basins, and design of sediment basin in Ft. Pierce Inlet, (2) geotechnical and environmental assessment, (3) coordination with stakeholders, (4) report and decision document preparation, (5) preparation of Joint Coastal Permit (JCP) application, and (6) project coordination and management. The study will provide permit level drawings to support a JCP submittal. A detailed description of each task follows below. Exhibit C provides a summary of the cost estimates to complete the task of the scope. Exhibit C provides a schedule of implementation of the tasks. 2 Task 1 Baseline Model Setup, Calibration, and Validation Tide- and wave -induced currents entrain and transport littoral sediment into Ft. Pierce Inlet. These tidal currents continue to transport sediments inshore until the flow velocities decrease below a critical value, at which point the sediments fall out of suspension and deposit on the bottom. An evaluation of the baseline hydraulics and sediment transport in the inlet requires an understanding of the combined effect of currents and waves on the erosion and deposition processes. Task 1 will focus on developing and validating MIKE models to simulate the existing (baseline) hydraulics and sediment transport patterns in the inlet and adjacent beaches. Task 1 will also include development of forcing conditions (tides, surge, and waves) that we will apply to evaluate Task 1 baseline conditions and basin alternatives (Task 5). We will use the measured data (Taylor Engineering, 2008) and available data from National Oceanic and Atmospheric Administration (NOAA) and Wave Information Study (WIS) to generate the hydrodynamic and wave models forcing conditions. The FDEP accepts MIKE modeling system for coastal structures analyses. In addition, the MIKE system includes the flexibility needed to examine the coastal processes relevant to morphological evaluations. Specifically, the MIKE modeling system provides an integrated and fully dynamic two- or three-dimensional hydrodynamic, wave, sediment transport, and morphology (bed change) model application to simulate the behavior of the water surface elevation, flow velocity, waves, bed and suspended sand transport, erosion, and deposition. The morphology model provides dynamic feedback of bed elevation change to the hydrodynamic and wave models. As such, the MIKE system provides the best methodology to evaluate the baseline conditions and, in Task 5, the impacts of basin alternatives for the subject project. Task 1 will transform an existing RMA2 hydrodynamic model to a MIKE hydrodynamic model. We will start the hydrodynamic model setup by building upon information from previous hydraulic models setup by Taylor Engineering for various modeling projects at Ft. Pierce Inlet. In defining the domain of the new model, we will include bathymetry data from recently surveyed beach profiles supplied by St. Lucie County, a May 2008 bathymetric survey, previous hydrodynamic models, NOAA nautical charts, and U.S. Army Corps of Engineers (USACE) survey data. The model domain includes Ft. Pierce Inlet, portions of the Atlantic Ocean, and a portion of the Indian River Lagoon from Marsh Island near Wabasso (Indian River Co.) to Sewall's Point (Martin Co.). We will construct baseline versions of the MIKE hydrodynamic, wave, and sediment transport models. We will refine the model domain to an 3 appropriate resolution to examine the relevant physical processes and limit any unintended boundary effects for the scenarios considered. The 2008 measured offshore and inshore tides and inlet velocity data provide the calibration and verification data for the baseline hydrodynamic model. The tide level data at Marsh Island in Wabasso, Sewall's Point, and offshore will provide the baseline hydrodynamic -model boundary conditions. The tide and current data at or near the inlet will provide the calibration and verification data. We will setup a baseline MIKE wave model to estimate the wave height, period, and direction of wind generated waves in the nearshore area. The 2008 wave data from an offshore wave gauge station will provide the wave model boundary. If necessary, we will use the wind data collected in 2008 to apply a constant wind field in the wave model for the wave model limited calibration. We will setup a baseline MIKE sediment transport model to estimate the sand movement through the inlet and through the inlet's northern jetty. In the model, we will include openings through the jetty to simulate the porosity of the jetty. The sediment transport model will include morphological computations that will estimate accretion and erosion in the inlet — specifically, the shoaling rate in a proposed sediment basin in the inlet as part of Task 5. We will use sediment data measured in 2008 to describe sediment characteristics in the inlet and its immediate vicinity. We will use data from two bathymetry surveys (1999 and 2008) to compare actual and model computed sediment transport patterns. Task I Deliverables We will submit a report summarizing our baseline model setup, calibration, and validation efforts in Task 1. We will also include a summary of our findings in Task 1. In essence, with some minor editing, this report will form a chapter of the final project report submittal. • Draft report — digital pdf format for comments • Final report — submitted at completion of project. Task 2 Geotechnical Investigation In Task 2, we will direct and coordinate a subsurface geotechnical investigation of the project area. Task 2 will provide data on the horizontal and vertical extent of the rock strata beneath the inlet, quality of the rock material (hardness), and potential beneficial use of the rock material (e.g., artificial 4 reef material). Task 2 will also provide recommendations on methodologies that we consider most appropriate to dredge the sediment basin. Our subcontractor, American Vibracore Services (AVS), will mobilize a spud barge drilling vessel and crew to the project area. AVS will perform 10 Standard Penetration Test (SPT) borings (with Rock Coring where applicable), spaced evenly longitudinally and alternating on either side of the proposed basin. All borings will extend to at least -45 ft-NAVD or 5 ft below the proposed dredging limit. This effort will provide sufficient core length for testing, to facilitate the contractors' understanding of the rock stratum, and to guide our selection of the most appropriate method for its removal. AVS will have all the analyses performed at a USACE certified laboratory. Information from the core borings will include core boring logs with SPT blow counts, photographs of the rock cores, and laboratory data including grain -size distributions for each unconsolidated stratum, unconfined compressive strength (UCS) test results for each testable rock core, and rock quality designation (RQD) for each rock core. Report submittal will include field logs, photographs, core logs, and gradation curves. Task 2 Deliverables • Draft and final geotechnical report including comments on feasible dredging methods Task 3 Environmental Assessment Documents The feasibility of constructing a sand trap in the Fort Pierce Inlet rests in part on the likely impacts that such a structure would produce both during construction (immediate direct and indirect impacts) and over time (cumulative impacts). The impacts and mitigation for such impacts will in part determine the likelihood of obtaining state and federal environmental permit approvals. An Environmental Assessment (EA) will provide information necessary for permit applications to state and federal regulatory agencies. Specifically, the EA's natural resource survey will identify avoidance areas for basin construction. The state agency will use the EA information as part of the basis for evaluation of impact and mitigation issues. The USACE will use the information for evaluation of impact and mitigation evaluation and to support required National Environmental Policy Act (NEPA) coordination with other federal agencies. This task will also develop a draft Biological Assessment and draft Essential Fish Habitat Evaluation for use by the US Fish and Wildlife Service (USFWS) and National Marine Fisheries Service Protected Resources and Habitat Conservation Divisions (NMFS). The Biological 5 Assessment supports federal agency analyses of actions that may affect listed species (species designated as threatened or endangered under the Endangered Species Act). Federal agencies are required to determine whether their actions may affect listed or proposed species and designated and proposed critical habitat (protected resources). The Essential Fish Habitat (EFH) Evaluation supports NMFS evaluation of possible impacts to EFH under the Magnusson Stevens Act. The three documents will support the USACE decision to develop a Finding of No Significant Impact (FONSI) or recommend completion of an Environmental Impact Statement. As part of this task, we will coordinate with the USACE and other involved agencies to support production of the most useful and complete document possible. The Environmental Assessment Documents will include the following: 1. An initial site reconnaissance to provide preliminary information of the inlet bed and shoreline conditions. 2. Desktop analysis of existing, reports, data, GIS coverages, and other information on the biological, ecological and environmental conditions in the project area (the construction site) and locally within the inlet and adjacent environments a) Collection and review of existing reports, GIS coverages, and other relevant biological, ecological, and water quality information on the site b) Evaluation of state and federal endangered species, Critical Habitats, and other special habitat designations (such as outstanding Florida Waters, Florida Aquatic Preserves, etc.) located in or near the project area 3. Fieldwork to assess existing habitats, species, and habitat quality a) Between May 1 and August 31, subcontractor will survey seagrass coverage and benthic habitat to provide permit level application data for seagrass species other than Johnson's Seagrass. The survey will only identify areas that require Johnson's Seagrass survey protocol. If Johnson's Seagrass areas are identified, subcontractor will prepare an additional proposal to conduct the Johnson's Seagrass survey. J b) Between May 1 and August 31, the subcontractor will conduct an inspection to identify hard bottom areas. If hard bottom areas are identified, subcontractor will prepare an additional proposal to conduct the hard bottom survey. 4. An assessment of habitat quality and area (acres) of unavoidable impacts. This task would include calculation of the impact component of the Uniform Mitigation Assessment Methodology (UMAM).These calculations, based on fieldwork performed in the project area, would provide one part of mitigation credit calculations if unavoidable impacts to significant resources occur as part of the project. Taylor Engineering would propose development of a mitigation plan, if required, as an addendum to the work proposed in this scope of services. 5. Evaluation of consistency of the project with relevant federal statutes 6. Development of reports in the formats required by the National Environmental Policy Act (NEPA) and including an Environmental Assessment, a Biological Assessment, and an Essential Fish Habitat Evaluation. These documents provide These documents will include: a) Summaries documenting and referencing the desktop and fieldwork efforts b) Description of project alternatives including no -action alternatives, other alternatives, and the recommended alternative c) Estimates of likely unavoidable impacts by habitat type d) Potential mitigation alternative for unavoidable impacts e) Specific biological and ecological details for inclusion into a draft Biological Assessment and a draft Essential Fish Habitat (EFH) assessment for the USACE to use in their NEPA consultation with other key federal agencies Note that for permit application purposes the state and federal agencies recognize the validity of the seagrass survey work for approximately one calendar year after completion of that work. Thus, confirmatory fieldwork may be necessary as part of a permit application process. 7 Task 3 Deliverables • Draft EA report for Review by FDEP and federal agencies • Draft Biological Assessment and Essential Fish Habitat Evaluation for use by federal agencies • Final EA report for inclusion in state and federal environmental permitting processes Task 4 Solicitation of Stakeholders Inputs We will solicit input from the following agencies to solicit their comments on the project. • Martin County — to learn the county's project cost and lessons learned with the construction of a basin in St. Lucie Inlet • Dredging contractors — to discuss suitable dredging methods (Hopper vs. pipeline) and desirable dimensions to improve dredging operations • Ft. Pierce Inlet State Park — to discuss beach and inlet swimming issues • U.S. Coast Guard — to discuss navigability issues • City of Ft. Pierce — to discuss navigability issues associated with the port • USACE — to discuss funding and operational issues • Surfrider Foundation — to discuss potential issues with the surfing community Task 5 Basin Alternatives Analysis Task 5 will establish a realistic range for each basin design variable considering geotechnical, environmental, and operational constraints as determined from earlier tasks. The basin design variables include depth, width, length, offset from the north jetty, and north jetty weir length and elevation. We will modify the baseline models to include each alternative basin design and to evaluate the performance of the basin design. We assume we will analyze up to 10 different sediment basin design alternatives to determine each basin's sediment trapping capacities, trapping efficiency, impacts on inlet navigability. Task 5 will evaluate the ability of each sediment deposition basin to impound a sufficient volume of sediment to meet sand bypassing requirements. We will develop a comprehensive package of model documentation to submit to the FDEP. The model documentation will include a written summary of the modeling approach and results as well as summary graphics and animations. We will evaluate and 8 rank each design alternative with regards to ability to trap sediments. As part of the ranking, we will develop estimated construction and maintenance costs for each alternative. Task 6 Final Report We will submit a final report that includes Tasks 1 and 5 model development, calibration, and application. We will compile the report deliverables, incorporate all relevant comments, prepare, and submit the final report. Task 6 Deliverables • Final report — five hard copies and digital copy in pdf format; drawing files provided in AutoCAD format with appropriate horizontal and vertical datum information • Data CD(s) — two copies Task 7 Preparation of Decision Document We will prepare a decision document to guide St. Lucie County in making informed decisions to implement or modify the project. The document will provide (1) a summary of project efforts to date (i.e., 2004, 2008, and this study) including a description of the latest status of the Ft. Pierce Inlet Sand Bypassing Project, (2) project constraints such as physical, environmental, geotechnical, operational, institutional, and economic constraints, (3) cost estimates for project construction, maintenance, and monitoring, and (4) discussion on funding commitments (short and long term) for all relevant agencies. The document will clearly state the commitments (operational and funding) required from the USACE, State of Florida, and St. Lucie County should the project move forward. Task 7 Deliverable • Decision Document — two hard copies and digital copy in pdf format Task 8 Presentation of Project Results and Recommendations We will make one presentation to the St. Lucie County Board of County Commissioners and one presentation at a local public workshop of the results and recommendations of our study. Z Task 8 Deliverables • Presentation to the St. Lucie County BCC • Public Workshop Presentation Task 9 Prepare JCP Permit Application and Permit Submittal Assuming that St. Lucie County elects to move forward with the project, this task provides for coordination for and participation in preapplication meetings with the DEP and USACE followed by completion and submittal of a permit application package. The preapplication meetings will occur in the offices of the DEP Beaches and Coastal Systems Bureau in Tallahassee and the USACE Palm Beach Gardens offices. The objectives of the meetings include presenting the proposed project, soliciting agency concerns, and obtaining agency advice on their concerns. Taylor Engineering will provide short letter reports for each meeting. The application will include a letter of transmittal, the completed JCP application form and detailed project narratives describing (1) a project summary, (2) the dredge area, (3) the beach placement area, and (4) natural resources; all attachments to the permit application and, copies of available geotechnical reports. We will attach other documents and reports to the application as necessary. The application text will cite and discuss each attachment. We will also address other FDEP-required permitting issues. These include: List of Adjacent Property Owners Statement of Consistency with State -Approved Local Comprehensive Plan Detailed Project Description — We will produce a narrative describing dredging and construction methods, schedules, best management practices, environmental protections and actions to avoid and minimize temporary and permanent impacts, etc. Staging Areas — Staging areas will require negotiations between St. Lucie County, USACE, and FDEP staff. 10 Water Quality Variance — We will conduct numerical modeling to determine the spatial extent over which a water quality variance will prove necessary. Beach nourishment (sand bypassing) generates a longshore turbidity plume that typically exceeds the state's water quality standard; consequently, we expect that this project may require a variance. A plume analysis will support the variance request for an increased distance within which the plume -entrained waters will temporarily exceed water quality standards Physical Monitoring Plan — We will prepare a physical monitoring plan that intends to evaluate post -construction beach fill project performance. Contingency Plan — We will prepare a contingency plan to mitigate potential adverse effects to the existing hardbottom should the post -project construction reveal that the beach disposal is responsible for such effects. Biological Monitoring Plan — We will prepare a biological monitoring plan addressing beach scarps, beach compaction, turtle nests, and the nearshore hardbottom. Beach Placement Sand QA/QC Plan — We will prepare a sand QA/QC plan to ensure that St. Lucie County places appropriate fill material on the beach. For the purpose of JCP application, we will submit preliminary design plans of the proposed sediment basin and, if necessary, the north jetty weir section. We will prepare a set of permit drawings. Aerial photography, obtained from the FDEP and other sources, will form a base map for all project plan view drawings. The drawing set will include: • Cover sheet/location map showing project location, sponsor, date, project name and other pertinent information • Plan views showing existing topography/bathymetry, core boring locations, territorial sea limits, and specific dredging area • Documentation of core boring logs and sediment grain size distributions for the dredge area • Draft plans — for comments • Final plans — submitted at completion of project. Notably, a JCP application requires both full size (22" x 34") and page size (8'/2" x 11 ") sets of drawings. The construction of the sediment basin may produce non -beach quality materials, including rock and fine sediments. Disposal of these material may require offshore or upland disposal. Taylor Engineering will, after consultation with the County, provide an addendum proposal for permitting and management of such materials. Task 9 Deliverables • Preapplication meetings with state and federal lead agencies (two meetings total) • Permit application package — one hard copy and digital copy in pdf format Task 10 Responses to RAIs After review of the JCP application, the FDEP and USACE will likely respond with a request for additional information (RAI). RAIs typically comprise a series of questions that require additional clarification or other information regarding the proposed work. Experience indicates that similar projects have generally required responses to between two and five RAIs. Due to the uncertainties involved with agency RAIs, we have set aside $30,000 (approximately 38 project professional man -days) to respond to FDEP and USACE RAIs. Should the permit application require additional labor or other direct costs to respond adequately to agency RAIs, we will submit a new cost proposal commensurate with the level of effort needed to satisfy agency requests. Taylor Engineering will provide all RAI responses to St. Lucie County for review before submittal to the FDEP and USACE. We have also budgeted for two Taylor Engineering staff to meet with FDEP staff in Tallahassee to discuss project issues. Task 10 Deliverables • RAIs responses Task 11 Project Coordination and Project Management The single most important activity during the permitting process is the establishment and maintenance of a clear line of communications between the applicant and the participating agencies. To that end, Taylor Engineering will actively coordinate with local, state, and federal agencies staff during 12 the application process. These agencies include, but are not limited to, the FDEP, USACE, U.S. Coast Guard, U. S. Fish and Wildlife Service (USFWS), Florida Fish and Wildlife Conservation Commission (FFWCC), and National Marine Fisheries Service. Taylor Engineering will maintain consistency between state and federal permit applications and other environmental documentation. We will also meet with St. Lucie County staff to inform them of the details of the contingency and monitoring plans and to get their concurrence on the plans' elements. 13 EXHIBIT B TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK )08-217: ST. LUCIE COUNTY FT. PIERCE INLET SAND BYPASSING - ENGINEERING DESI TASK 1: Model Setup, Calibration, and Validation TASK 3: Senior Advisor 10.0 1,570.00 Director 20.0 2,780.00 Senior Professional 260.0 29,640.00 Project Professional 20.0 2,000.00 Staff Professional 200.0 15,000.00 Senior Editor 12.0 1,176.00 Senior Technical Support 8.0 656.00 Administrative Support 24.0 1,248.00 Total Man -Hours 559.0 Labor Cost 54,880.00 Total Task 1 $ 54,880.00 Senior Advisor 8.0 1,256.00 Director 16.0 2,224.00 Senior Professional 32.0 3,648.00 Staff Professional 20.0 1,500.00 Total Man -Hours 80.0 Labor Cost 9,276.00 Non -Labor Units Cost ($) Geotechnical Subcontractor 1.0 104,000.00 Total Non -Labor Cost 104,000.00 Total Task 2 $ 113,276:00 Director 19.0 2,641.00 Senior Professional 112.0 12,768.00 Project Professional 320.0 32,000.00 Staff Professional 40.0 3,000.00 Senior Editor 16.0 1,568.00 Senior Technical Support 8.0 656.00 Staff Technical Support 32.0 1,984.00 Administrative Support 15.0 780.00 Total Man -Hours 579.0 Page 1 EXHIBIT B )08-217: ST. LUCIE COUNTY FT. PIERCE INLET SAND BYPASSING - ENGINEERING DESI Labor Cost 58,151.00 Non -Labor Units Cost ($) Seagrass Survey , 10 acres 1.0 13,960.00 Total Non -Labor Cost 13,960.00 Total Task 3 $ 72,111.00 TASK 4: Solicitation of Stakeholders Inputs Labor Hours Cost ($) Task Totals Senior Advisor 18.0 2,826.00 Director 14.0 1,946.00 Senior Professional 36.0 4,104.00 Staff Professional 36.0 2,700.00 Senior Editor 8.0 784.00 Administrative Support 4.0 208.00 Total Man -Hours 116.0 Labor Cost 12,568.00 Total Task 4 $ 12,568.00 TASK 5: Basin Alternatives Analysis ' Labor Hours Cost ($) Task Totals Vice President 2.0 324.00 Senior Advisor 24.0 3,768.00 Director 44.0 6,116.00 Senior Professional 304.0 34,656.00 Project Professional 194.0 19,400.00 Staff Professional 300.0 22,500.00 Total Man -Hours 868.0 Labor Cost 86,764.00 Total Task 5 $ 86,764.00 TASK 6: Final Report Labor Hours Cost ($) Task Totals 5ernorAavisor 14.0 2,198.00 Director 5.0 695.00 Senior Professional 40.0 4,560.00 Project Professional 10.0 1,000.00 Staff Professional 20.0 1,500.00 Senior Editor 10.0 980.00 Administrative Support 16.0 832.00 Total Man -Hours 115.0 Labor Cost 11,765.00 Page 2 EXHIBIT B )08-217: ST. LUCIE COUNTY FT. PIERCE INLET SAND BYPASSING - ENGINEERING DESI Total Task 6 $ 11 765.00 TASK 7: Response to RAls -jernor Advisor 16.0 2,512.00 Director 8.0 1,112.00 Senior Professional 40.0 4,560.00 Project Professional 8.0 800.00 Senior Editor 8.0 784.00 Administrative Support 4.0 208.00 Total Man -Hours 84.0 Labor Cost 9,976.00 Total Task 7 $ 9,976.00 TASK 8: Presentation of Project Results and Recommendations Labor Hours Cost ($) Task Totals Senior Advisor 16.0 2,512.00 Director 4.0 556.00 Senior Professional 28.0 3,192.00 Staff Professional 16.0 1,200.00 Administrative Support 4.0 208.00 TASK 9: Total Man -Hours 68.0 Labor Cost 7,668.00 Total Task 8 $ 7,668,00 Director 52.0 7,228.00 Senior Professional 120.0 13,680.00 Staff Professional 28.0 2,100.00 Senior Editor 8.0 784.00 Senior Technical Support 40.0 3,280.00 Staff Technical Support 60.0 3,720.00 Administrative Support 10.0 520.00 #REF! Total Man -Hours 328.0 Labor Cost 32,932.00 Total Task 9 $ 32,932.00 Page 3 ours EXHIBIT B )08-217: ST. LUCIE COUNTY FT. PIERCE INLET SAND BYPASSING - ENGINEERING DESI Total Man -Hours 300.0 Labor Cost 30,000.00 Total Task 10 $ 30,000.00 TASK 11: Proiect Coordination and Project Man Director 40.0 6,560.00 Senior Professional 80.0 9,120.00 Total Man -Hours 160.0 Labor Cost 20,960.00 Total Task 11 $ 20,960.00 Project Total $ 452,900.00 Page 4 I 2 ■ �e — ■ � 3 ■ a ® e � ■ f � ■ £ � a � � § � ■ � ' 7 ® ■ � � 2 � � � ■ � m ■ ; e � � ■ < � ■ ) _ ■ � � § � k � u 7 % ■ % « § � o e e � ! § f ca 0 . § 9 CM 2 c § ' Q / / / 4. k £ \ § .§ / v _ k t ƒ § k ¢ 7 [ 2 § = u 2 c w % CA \ § a 2 S � — CN m # « m S ) � / � ! � REFERENCES Taylor Engineering, Inc. 2008. Report on Data Collection, Sediment Transport Evaluation, and Evaluation of Sand Trapping Alternatives for the Ft. Pierce Inlet Sand Bypassing Study St. Lucie County, Florida, Jacksonville, Florida