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02-03-2014
Toting Order Councilwoman Bennington Councilman Ignasiak Councilman Emter Mayor Thomas Councilwoman Power AMENDED -AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 3, 2014 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES—None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Presentation of the Certificate of Achievement for Excellence in Financial Reporting to the City of Edgewater — Presented by William Rotella, CPA Controller of City of Daytona Beach Shores, Florida and President Elect of Volusia/Flagler Florida Government Finance Officers Association. b. Robin King, President & CEO, Center for Business Excellence — introduction and update on services and rebranding. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Award of the Construction Engineering and Inspections (CEI) Services for S.R. 5 (US Highway 1) contract to CPH Engineering and grant the City Manager authority to negotiate and execute the contracts. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading — Ordinance No. 2014-0-01: Amending and restating Article IV (Resource Protection Standards) of the Land Development Code. b. 2nd Reading— Ordinance No. 2014-0-02: Amending Chapter 7 (Buildings & Construction; Fire Safety), Article 1 (In General) by repealing and restating Section 7-1 (Incorporation of the Florida Building Code). c. 2nd Reading — Ordinance No. 2014-0-03: Pleasant Wood, LLC, requesting annexation of .46±acres of land to include 1366 Elizabeth Street and the adjacent parcel to the north. d. 2nd Reading — Ordinance No. 2014-0-04: Pleasant Wood, LLC, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .46± acres of land located at 1366 Elizabeth Street and the adjacent parcel to the north as Low Density Residential. City Council Agenda February 3,2014 Page-2- e. 2nd Reading — Ordinance No. 2014-0-05: Pleasant Wood, LLC, requesting an amendment to the Official Zoning Map to include .46± acres of land located at 1366 Elizabeth Street and the adjacent parcel to the north as R-2 (Single Family Residential). f 1St Reading — Ordinance No. 2014-0-06: Fisherman's Cove Builders, LLC, requesting annexation of 23.92± acres of land located east of US Highway 1, between Douglas Street and East Ariel Road. g. 1St Reading — Ordinance No. 2014-0-07: Jay and Sheila Gawthrop, requesting annexation of.31±acres of land located at 2401 Swordfish Lane. h. 1St Reading — Ordinance No. 2014-0-08: Jay and Sheila Gawthrop, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of land located at 2401 Swordfish Lane as Low Density Residential. i. 1St Reading — Ordinance No. 2014-0-09: Jay and Sheila Gawthrop, requesting an amendment to the Official Zoning Map to include .31± acres of land located at 2401 Swordfish Lane as R-2 (Single Family Residential). 9. BOARD APPOINTMENTS a. Recreation/Cultural Services Board - Councilman Ignasiak's appointment due to the expired term of Debra Sopko, who is seeking reappointment. 10. OTHER BUSINESS a. Approval of Settlement Agreement with Old Republic Insurance Company for payment of delay damages under the payment and performance bond issued for construction of Fire Station 455. b. Approval of a purchase order in the amount of$34,300 to Quentin L. Hampton Associates, Inc., to perform design work for the Monson and Riverview Drive Stormwater Improvement project. c. Authorization to enter into an Affiliation Agreement with Daytona State College for the Emergency Medical Technical and Paramedic students. d. Request to deem Parcel 8402-01-06-2290 on Date Palm Drive as surplus property; approving the sale in the amount of$3,000 with the purchasers paying all closing costs and authorizing the Mayor to execute the associated closing documents. e. Award of the Retail Feasibility, Strategic Planning and Recruitment Contract to Retail Strategies, LLC and authorization for the City Manager to negotiate and execute the contract. f Discussion and direction to staff regarding a November 2014 voter referendum to determine if the city may grant tax exemption for new and/or expanding businesses. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. Ifyou are hearing or voice impaired,contact the relay operator at 1-800-955-8771. qa- AGENDA REQUEST #2014- RFQ 14-GS-007 Date: January 22, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT February 3,2014 BUSINESS ITEM DESCRIPTION: Recommendation of Award for Construction Engineering and Inspections(CEI)Services for S.R.5 (US Highway 1). BACKGROUND: The City broadcast a Request for Qualifications Construction Engineering and Inspections(CEI)Services for S.R.5 (US Highway 1). Three qualified firms responded and were invited to make presentations to the Selection Committee. The submitting firms were: CPH Engineering Target Engineering Group,Inc Tierra,Inc. Attachments: Master Grading Sheet STAFF RECOMMENDATION: The Evaluation Committee met and reviewed the proposals and presentations and recommends that City Council award the contract for Construction Engineering and Inspections (CEI) Services for S.R. 5 (US Highway 1) to CPH Engineering grant the City Manager authority to negotiate and execute the contracts ACTION REQUESTED: Motion to award the Construction Engineering and Inspections (CEI) Services for S.R. 5 (US Highway 1) contract to CPH Engineering and grant the City Manager authority to negotiate and execute the contracts. FINANCIAL IMPACT: $ (Finance Director) Line Item: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so,DATE: AGENDA ITEM# Respectfully submitted, Concurrence: ALI__ Jo ir n C.McKinney Robin L.Matusick Fi ce Director Parale;al /• i racey .Barlow City anager W a' 0 C.) ca rn CO N- co N N N J Cr F- 0 H a, a C co t6 0 N CO C aCa co N N CO C O a a 0 co a) S C Q O c6 O y O O O y y co co co E C a 'O o o- > o co E > a R 3 00 s Cr; m _rn Q 2 tt y 2 NU > C la y •r , y CO CO COO U N w C E m R ▪ a CO t e o W 0) ' co o co • C y OC ;a O o 0 •W C/) , w O w C a) • y co • G L a a •F, £ t N- LL. N C a i 'o ar a N 0 'E C) O L N N U C o of d C. Q.,`—_° w > y l0 O In O C y C) f— co O C C 'O O a 'Eo 'i rn 3 a a 2 0 C) C a) — E a`) m a) Z •c > U C U) C W 0. N N E 2 2 o a as a)" O 0 H I- PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES CPH, INC. This Agreement is made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "City"), 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132-0100 and CPH, INC., (hereinafter referred to as "Engineer"), 101 N. Woodland Blvd., Sutie 305, DeLand, Florida 32720. PREMISES WHEREAS, the City wishes to employ a professional engineering firm to assist the City relating to various engineering projects/assignments, and, WHEREAS, the City desires to employ the Engineer in connection therewith upon terms and conditions hereinafter set forth,and the Engineer is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, in December 2013, the City advertised for "Requests for Qualifications" from qualified engineering firms; and WHEREAS, during the City Council meetings on February 3, 2014, Council authorized one continuing professional services in accordance with the "Consultants' Competitive Negotiation Act" (CCNA)pursuant to §287.055, Florida Statutes (2013); and WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the laws of the State of Florida. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, City and Engineer agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES Upon request for professional services by the City for a specific project, the Engineer shall provide the City with a Scope of Work and detailed itemization of costs and time required to perform those tasks as outlined in the Scope of Work Upon approval by the City, the Scope of Work, costs and time relating to the Project will be specifically set out and incorporated into a Purchasing Agreement to be issued under and become a part of this Agreement. This Agreement standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this (Agreement/Engineer-CPH-2013) PAGE 1 OF 15 Agreement when it is determined to be in the best interests of the City to do so. The Engineer or his/her designee as approved by the City, agrees to perform the functions of their office in a competent and professional manner. The Engineer shall maintain an adequate and competent staff of professionals and may associate with other qualified firms for the purpose of rendering services hereunder, without cost to the City, and upon approval by the City. The Engineer, however, shall not sublet, assign, or transfer any Work under this Agreement without the written consent of the City. 2. TIME FOR COMPLETION The services to be rendered by the Engineer shall be commenced, upon receipt of the Notice to Proceed and Purchasing Agreement to be issued hereunder, and shall be completed within the time specified therein. In the event the Engineer is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, City shall grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Engineer to the City no later than 48 hours after such occurrence. In the event there are delays on the part of the City or regulatory agencies as to the approval of any work product submitted by the Engineer, which might delay the project's scheduled completion date, the City shall grant to the Engineer in writing an extension of the Contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether any extension of the time for performance should be awarded to the Engineer. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Engineer shall be in the form of Purchasing Agreements issued by the City. Each Purchasing Agreement shall describe the Project, the services required, and shall establish the method of payment and time frame. 4. COMPENSATION AND METHOD OF PAYMENT A. Upon satisfactory completion of the Work required under the appropriate Purchasing Agreement issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Engineer may invoice the full final amount of compensation provided for under the terms of the Purchasing Agreement less amounts already paid by the City. All invoices, whether partial or final billing, shall be accompanied by appropriate documentation of work accomplished to date. Upon approval of such payment request submitted by the Engineer, City agrees that it will make its best efforts to pay the Engineer within thirty (30) days of receipt of such invoice. If construction management is (Agreement/Engineer-CPH-2013) PAGE 2 OF 15 involved, final payment to the Engineer shall be made by the City within sixty (60) calendar days of City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract and submittal of appropriate documentation and invoicing. B. At the end of each month the Engineer may submit an invoice for services rendered during that month relating to the Project outlined in the appropriate Purchasing Agreement. At no time shall the invoices exceed the total amounts negotiated for each task as outlined in the Scope of Services/Purchasing Agreement regardless of actual hours worked toward completion of the authorized services. C. The City may perform, or cause to have performed, an audit of the records of the Engineer after final payment to support final payment under any Purchasing Agreement issued hereunder. This audit shall be performed at a time mutually agreeable to the Engineer and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Engineer may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Engineer. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. D. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Engineer will be adhered to by the Engineer. Copies of such grants shall be furnished to Engineer. E. The Engineer agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Purchasing Agreement. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. F. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Engineer shall refund such overpayment (Agreement/Engineer-CPH-2013) PAGE 3 OF 15 to the City within thirty (30) days of notice by the City. 5. CHANGES IN SCOPE OF WORK City or Engineer may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under a particular Purchasing Agreement or this Agreement. Such changes and method of compensation must be agreed upon in writing by written Change Order to the Purchasing Agreement or this Agreement prior to any deviation from the terms of the Purchasing Agreement or the Contract, including the initiation of any extra Work. Such changes, shall not bind the City unless executed with the same formality as the respective Purchasing Agreement or this Agreement. Written Change Orders shall be in form and content acceptable to the City. 6. SUBCONSULTANTS/SEPARATE CONSULTANTS: If the Engineer desires to employ Subconsultants in connection with the performance of its Services hereunder: A. Any proposed Subconsultants shall be submitted to the City for written approval prior to Engineer entering into a Subconsultant Agreement. B. Engineer shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Engineer shall be and remain responsible for professional quality preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review/certification; master stormwater and master water/sewer/reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects. C. Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Engineer's duties commensurately with Engineer's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Engineer from any of its duties under this Agreement. Engineer shall provide the City with copies of all Subconsultant Agreements upon request of the City. (Agreement/Engineer-CPH-2013) PAGE 4 OF 15 D. Engineer shall cooperate at all times with the City and its other planning consultants or design professionals, and cooperate and coordinate with, and incorporate the Work product of any separate Engineer/Consultant, planning consultant or design professional retained by the City, in any fashion appropriate or necessary to a Project within the Project Budget and Schedule. 7. RESPONSIBILITY OF THE CITY City shall furnish the Engineer with all existing data, plans, maps, and other planning information available and useful in connection with a proposed project on file with the City which shall be returned to the City upon the completion of the services to be performed by the Engineer, unless such data, plans, maps, and other planning information are necessary for daily operations; then such information shall be promptly reproduced or copied by the Engineer and returned to the City. 8. RESPONSIBILITY OF THE ENGINEER A. Engineer shall be responsible for professional quality relating to preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review/certification; master stormwater and master water/sewer/reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects. Engineer shall, without additional compensation, correct or revise any errors or deficiencies in the planning, designing and re-development or other services produced pursuant to this Agreement. B. Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Engineer shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Engineer's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. C. In the event that arbitration or litigation becomes necessary for any reason with regard to the terms of this Agreement, the prevailing party shall be due the cost and expense of this action including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees. (Agreement/Engineer-CPH-2013) PAGE 5 OF 15 D. The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 9. REPRESENTATIVE OF CITY AND ENGINEER: A. It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day-to-day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the City's coordinator for this Agreement, to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. B. Engineer shall, at all times during the normal work week, designate or appoint one or more representatives who are authorized to act on behalf of the Engineer regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the City continually advised of such designation in writing. C. For purposes of this Agreement only, the designated Engineer representative is: David A. Terwilleger, P.E. CPH, Inc. 101 N. Woodland Blvd. S Suite 305 DeLand, Florida 32720 (386)736-4142 10. NON-EXCLUSIVE CONTRACT: The City reserves the right at its sole discretion to enter into the contracts with other engineers to provide similar services as those identified herein. 11. TERM OF THE CONTRACT: The term of this Agreement shall be for three (3) years from the date first written above. The City, with the mutual agreement of the Engineer may elect to renew the contract for three (3) additional terms of one (1) year each. Engineer shall perform all services authorized during any renewal period in accordance with the terms and conditions herein. (Agreement/Engineer-CPH-2013) PAGE 6 OF 15 12. TERMINATION: A. The City may, by written notice to the Engineer, terminate this Agreement or any Purchasing Agreement issued hereunder, in whole or in part, at any time, either for the City's convenience or because of the failure of the Engineer to fulfill his Agreement obligations. Upon receipt of such notice, the Engineer shall: (1) Immediately discontinue all services affected (unless the notice directs otherwise); and (2). Deliver to the City all data, plans, maps, reports, schedules, summaries, and such other information and materials as may have been accumulated by the Engineer in performing this Agreement, whether completed or in process. B. If the termination is for the convenience of the City, the Engineer shall be paid full compensation for services performed to the date of termination. C. If the termination is due to the failure of the Engineer to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Engineer shall be liable to the City for reasonable additional costs, occasioned to the City thereby including,but not limited to, all damages arising from Engineer's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable,arising therefrom. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in Paragraph B of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Engineer. E. The City reserves the right to cancel and terminate this Agreement, without penalty, in the event that the Engineer or any employee, servant, or agent of the Engineer is indicted or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Engineer for or on behalf of the City. It is understood and agreed that in the event of such termination, the Engineer shall be compensated for services rendered under this Agreement up to the time of termination in accordance with this Paragraph. The City also reserves the right to terminate and cancel this Agreement in the event that the Engineer shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Engineer's (Agreement/Engineer-CPH-2013) PAGE 7 OF 1.5 creditors. F. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. G. The Engineer shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Engineer under law. 13. INDEMNIFICATION OF CITY: A. To the fullest extent permitted by law, the Engineer shall indemnify and hold harmless the City and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Engineer, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Engineer for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Engineer or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Engineer or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by the Engineer shall obligate the Engineer to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. C. The City will require that any engineer/consultant, performing work in connection with data collection, plans, maps, reports, schedules and summaries produced under this Agreement, agrees to hold harmless and indemnify the City and Engineer, their consultants and each of their officers and employees from any and all losses or damages arising out of the Engineer's (or subconsultant's) performance of the work described in the preparation of any documents, but not including liability that may be due to the negligence of the City, the Engineer, their subconsultants, or their officers and employees. (Agreement/Engineer-CPH-2013) PAGE 8 OF 1.5 14. INSURANCE: A. Engineer shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation insurance, Commercial General Liability insurance, Automobile Liability insurance, and Errors and Omissions or Professional Malpractice insurance as will assure to the City, the protection contained in the foregoing Indemnification undertaken by Engineer. Such policy or policies shall be issued by companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Florida. Engineer shall specifically protect the City by naming the City as an additional insured under the policies hereinafter described. (1) Errors and Omissions or Professional Malpractice Insurance: The limits of liability provided by such policy shall be no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) per occurrence to insure and hold harmless the City under the indemnification specified in Section 13. (2) Commercial General Liability Insurance (Occurrence Form): The limits of liability provided by such policy shall be no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) single limit per occurrence to insure and hold harmless the City pursuant to the indemnification specified in Section 13, for which Engineer is not insured under the terms of its Professional Malpractice Insurance above specified in Section 14(a). Such insurance coverage shall be patterned after the current I.S.O. form with no limiting endorsements and cover bodily injury and property damage. (3) Worker's Compensation Insurance: statutory limits of Chapter 440, Florida Statutes, and all federal government statutory limits and requirements. (4) Automobile Liability Insurance: FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each occurrence, owned/non-owned/hired automobile included. (5) Engineer shall provide to City a Certificate of Insurance required by this Section showing that the City has been named as an additional insured under such policies, or, in the alternative, a certificate evidencing that the required additional endorsement has been obtained under such policies. Such policies shall be provided by an insurer acceptable to the City and the deductible amounts of such policies shall also be subject to acceptance (Agreement/Engineer-CPH-2013) PAGE 9 OF 15 by the City. (6) Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverages or limits, a notice thereof shall be given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132-0100. Engineer shall also notify City, in a like manner, within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material change in coverage received by said Engineer from its insurer; and nothing contained herein shall absolve Engineer of this requirement to provide notice. (b) The City of Edgewater shall be endorsed to the required Comprehensive General Liability policy or policies as an additional named insured. (c) The insurance requirements shall remain in effect throughout the term of this Agreement. B. Said insurance shall be evidenced by delivery to the City of a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies. C. OTHER: City will require that any engineer performing work in connection with the project for which Engineer is providing professional services, hold harmless, and indemnify City, Engineer, their consultants, and each of their directors, officers and employees from any and all losses, damage and costs, including attorney's fees, arising out of or alleged to arise from the Engineer's performance of the work described in preparation of any documents, but not including liability that may be due to the negligence of City, Engineer, their consultants, or their directors, officers and employees. City will require the Engineer to provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Engineer's indemnity, as above required; and such insurance shall include City, Engineer, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If (Agreement/Engineer-CPH-2013) PAGE 10 OF 15 the additional insureds have other insurance, which might be applicable to any loss, the amount of the insurance provided under this article shall not be reduced or prorated by the existence of such other insurance. 15. OWNERSHIP OF DOCUMENTS: It is understood and agreed that all documents, including detailed reports, plans, original maps and all other data, prepared or obtained by the Engineer in connection with its services hereunder shall become the property of the City. The Engineer shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of the Engineer. 16. REUSE OF DOCUMENTS: A. Wherever and whenever applicable, all data, documents including maps furnished by Engineer pursuant to this Agreement may be reused by the City for future projects. B. Should the City determine that significant benefits would accrue from such reuse, Purchasing Agreement(s) will be negotiated on that basis. C. City shall have the right to reuse the data, documents and maps and contract with other parties, not the Engineer. Such reuse will be without need of written approval of the Engineer, however, Engineer shall not be held professionally responsible for any such reuse. City shall indemnify and hold Engineer harmless for any and all damages resulting from such reuse. D. If the City elects to reuse the documents and engage the professional services of the Engineer for future work, Engineer agrees to perform said services for a mutually agreed upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Purchasing Agreement for future work shall require that a "Clerk-of-the-Works" be employed pursuant to the Scope of Work,compensation for his/her services shall be negotiated as part of that Purchasing Agreement. If any modifications are required to adapt the documents, compensation for such work shall be negotiated. (Agreement/Engineer-CPH-2013) PAGE 11 OF 15 17. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: With Copy to: Legal Department City Manager City of Edgewater City of Edgewater P. 0. Box 100 P. 0. Box 100 104 North Riverside Drive 104 North Riverside Drive Edgewater, Florida 32132-0100 Edgewater, Florida 32132-0100 (386) 424-2403 (386) 424-2404 If to Engineer: David A. Terwilleger, P.E. CPH, Inc. 101 N. Woodland Blvd. S Suite 305 DeLand, Florida 32720 (386)736-4142 18. EQUAL OPPORTUNITY EMPLOYMENT: Engineer agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 19. NO CONTINGENT FEES: Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. (Agreement/CEI-CPH-2014) PAGE 12 OF 15 20. COMPLIANCE WITH § 287.133, FLORIDA STATUTES: Engineer shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes. 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Engineer shall comply with all Federal, State and Local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 22. CONFLICT OF INTEREST: Engineer agrees that at the time of the execution of this Agreement it has no employment or agreement, oral or written, with any third party relating to any interests which are in conflict with or otherwise inconsistent with any interest or position of the City of Edgewater. Further, Engineer shall not accept during the term of this Agreement any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of the City of Edgewater. Notwithstanding the foregoing, Engineer may accept employment or retainers from third parties whose interests appear conflicting or inconsistent with those of the City of Edgewater if, after full written disclosure of the facts to the City of Edgewater, the City of Edgewater determines that the apparent conflict shall not interfere with the performance of the work within the Scope of Work by the Engineer. 23. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 24. ALL PRIOR AGREEMENTS SUPERSEDED: A. This Agreement incorporates and includes all prior negotiations, correspondence, conservation, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. B. It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. (Agreement/CEI-CPH-2014) PAGE 13 OF 15 25. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 26. INDEPENDENT CONTRACTOR: It is hereby mutually agreed that the Engineer is and shall remain an independent contractor and not an employee of the City. 27. NO THIRD-PARTY BENEFICIARIES: The Agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 28. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. 29. ATTORNEY'S FEES: If the City is required to institute or defend any legal proceedings in connection with this Agreement, the Engineer agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event such legal proceedings are terminated in favor of the City. (Agreement/CEI-CPH-2014) PAGE 14 OF 15 IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, the year and date first written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: Robin L. Matusick Legal Assistant/Paralegal WITNESSES: CPH, INC. David A. Terwilleger, P.E. 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Woodland Blvd., Suite 305 .4.,4 „ .... ^4- :- < � �� � C^��� �� � ���. �� - ' - �� �� DDN.Woodland Blvd, January 9' 3O14 Suite 305 DeLmnd,PL 32720 City ofEdgewater Phone:386.736.4142 104 N. Riverside Drive Fax:386.736.8412 Edgewater, FL 32132 RE: Construction Engineering and Inspection (CEI) Services for S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City limits of Edgewater(10th Street) FPN:430183-1-68-01 CPH, Inc. (CPH) appreciates the opportunity to submit our qualifications to the City of Edgewater for the Construction Engineering and Inspection (CEI)Services for S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater (10m Street). CPH has been providing CEI services for over 32 years; we believe our longevity is due to the successful execution of projects that are on schedule and within budget. CPH has our corporate headquarters located nearby in Deland with all of our assigned team available to start immediately on this project for the City. CPH has an experienced group of professionals who have worked on many recent CE1 Projects and has provided CEI services to many Cities, Counties and private clients for roadway, drainage, and utility projects. We also have extensive experience with FDOT LAP/JPA CEI projects. We have provided a description of our CEI team and descriptions of recent relevant projects with client contact information in Section 8. We encourage you to contact our references, located in Section 9, about our professionalism and the quality of the work product produced by the CPH team. Our projects have included roadway improvements, paving, drainage innpnovenoents, box culvert construction, traffic signal construction along with associated drilled shaft construction, utility relocations, streetscape and sidewalks, trails, landscape, and other associated construction. Our compliance specialist has ensured EEO compliance when required and we have partnered with several geotechnical firms as required to provide material quality assurance testing for FDOT on-system projects which require entry into the LIMS system. CPH is currently providing CEI and Construction Management services for several projects including the Oviedo on the Park project for the City of Oviedo and the Highbanks Gravity Sewer and Water Main replacement project for Toho Water Authority in Kissimmee. The CPH team recently completed a LAP sidewalk project for the City of DeBary and the New York Avenue Streetscape project for the City of De Land,and several others. CPH has full time inspectors on site to monitor construction. Their duties include inspecting all construction activities, coordination with contractor personnel, keeping track of pay item quantities, coordination with County and City personnel, collection of delivery tickets, and creation of daily reports. CPH also has a Project Engineer to manage all construction activities. His duties include client/contractor correspondence, internal coordination, RFI's from contractors, payment requisitions,and public involvement. „ „ h n coflD Our staff includes both Florida registered professional engineers and licensed contractors who bring numerous years of experience. We also can also provide environmental science, landscape architecture, surveying, architecture and other services as necessary to meet specific project requirements. The quality of our personnel is a primary reason we have been able to ensure our clients projects stay on time and within budget. We appreciate the opportunity to submit our qualifications and look forward to continue working with the City of Edgewater. Sincerely, CPH ,),';), , dA.,„ 1,„,,,i/i7 77' - .6,,,,ii,t ,7 Vice President _- w, w ,v . e p h c o , p c v m ,...... Table of Contents . 1 °,;, 7 k 1. Current License & Registration 1 2. Location 3. Project Team "„ 4. List of In and Subconsultants . Summary of Workload! Performance Capability 6. Project Performance . A 7. Insurance 8. Projects ....gym 9. Client References 1 . Regulatory and Permitting Agency Experience , W 11. Personnel Consistency 12. Citations, Violations, Litigation el. Other Qualifications Forms ...47,-.-„„:!',.-„. . ,,,, ,,,„, ,.. ,- t......-....?„,,,,, ,,,. 4,,.... 7-„,,,,,,,,„,.,,,...„ ,,,,,,,,, ,,, „....„,, , .,.., 4-2.:t.„,,- , Fig ,„- w1. r. ,..,--,.......---- . .. ..;„-7,0, , - . -,.:. ' -- _ 4 . .,,,.,....._.. , , , , • 1. Current License & Registration CPH has been providing consulting services since the 1960's in Florida and was established as a Florida Corporation in 1981. Professional Engineers State of Florida Board of Professional Engineers Aunts that CPH Inc. P)", ember reset.raks the provisions of Stet Isofs. tBaTtifffAt Sf004144.,to offer volinolegriot wrvices to the pubic teneash a PeOfifitossalretifeef,rfalitaiebeal waft amps...47k Florida Stfotaittf. 212ft2013 C.lia Us,has Auei%N. 22/201504Vad Carefiloare ol autharinarinis 321S State of Florida Surveyors&Mappers Department of State -- • *Ansa swokovo. Mawr, sentry from the records of this office that CPIS rise.is a cotpotation organized under the laws of the Stale of Florida.filed on March 6.1381. Professional Surveyor tad Manner neatness Mow The document number of this copOrtatilit is 022258. enietslarff, I funkier certify that said cseporauon has peel all fees dire thia office through an s December 31 2014,that Its meet recent annual fepOtt uniform bestrews report ‘4600' was filed on January I.2014,and its stains aLIWO ff.it POW. flAPK08.4411 OS 441,4“4.11.1eO further certif.s that said corporation has fix flied articles of Dissolution Landscape Architects Gift.**der fo head tosa the • sewn Of fLORIOA Sao/ofie Ude DEPARTMeNT Of BUSINESS AND PROFEIMBOMAL REGULATION El Talkausee,Ike OW44 Skis • BOARD Of LkNOSCAPB BlialtifCTURE Ike flied simr affiamary,2014 ' ,C003CAve „AI ;She LANOSCAff fACHITGI MANESS Nanfid HAB iSEGESTERED Una*, p avow 441 rs expfattun data NOV 30 2015 16f.. .04„.‘,_ (7,■1 Secretary of State nor voter rtarrarattratsr SOO OttO FCSlIfl eameatioiree tX,41O1.1131600 :To fif.ntifote Ott....a. fatififloglIK.Nr 046. KEN 015400 ID,awl then tnIkm..the irazzattiumdwployed DISPLAY AB REQUIRED BY LON SECRfOlff I laBff Affliksofff onmertsoth.c.ittni Architecture Ac,71046,1 . . rnmornAmo. es/a art 1,0300 8tflL oat tree. ,,P,,,ra.,s,*11141f414%1111111/11rAtaie"" ARCULTSCC flue Stmeseft b.ff If %Pl V3> 15411 C'gct" so er,TITI'tttGCS BMX esal IMMO it Letit,gr ice lot 2tlif ea„, aces ri stirs..00 itOiltro r sew "580.1iFr 11/14(0? Letter . • Florida Department of Transportation Kir.:K!:(l it 40,■uix311mx Strr.t "%MANCH'MASAO,P.6. GOvC RNoti 1'3104)13.ft,1.1 39,041U SCCRETANY • • < July 6.2013 a � David Gierach,President CPR,INC . 500 West Fulton Street ' Sanford.Florida 32772 .is r- Dear Mr.Gierach The Honda Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to qualify your firm for the following types of work' , Group 2 -Project Development and Environmental(PD&E)Studies Group 3 -Highway Design•Roadway 3.1 -Minor Highway Design 3.2 -Major Highway Design Group 6 -Traffic Engineering and Operations Studies 6.1 •Traffic Engineering Studies Group 14 -Architect 6.2 -Traffic Signal Teeing Group 7 •Traffic Operations Design Group 15 Landscape Architect 7.t -Signing,Pavement Marking and Channelization Your Untitmitffd Notice of Quafhcation shall be valid until June 30,2014 at such time as your 7 3 S" n Signing,Pan December 31.201 q overhead audit win be due to comply with the Departments requirement on overhead audits We will automatically notify your firm 45 to 80 days prior to your update deadline. Group 8 -Survey and Mapping On the basis of data submitted the Department has approved your accounting system and conceders the rates listed below as acceptable rates for qualification purposes. 8.1 -Control Surveying 8.2 -Design,Right of Way&Construction Surveying Facilities 8,4 Right of Way Mapping HometBrsmch Capital Cost Overtime. 210 of Money Premium 2itect Ee Group 10 Construction Engineering inspection Overhead Rate 152.77% 0.174% Reknbursed 22.10%(Home) .• 10.1 -Roadway Construction Engineering Inspection ( Should you have any questions,please feel tree to contact me at 8511414-4597 Group 13 -Planning Sincerely, 44 13.6 -Land PianningiEngineenng (vi www-dat..eiacc.tLi Cartlayn Kell • Professional Services Qualification Administrator r • V'" J ..nw.&i viate.tt.US Subconsultant FDOT Letters for 10.3 and 10.4 Terracon (10.3) IN i Florida Department of Transportation RUCK x4 urr 605 Stmaruiee Sirrct >,:IA;sT11?RAWAtt.GE. (OVENMUt TvllxIxn ec,FL 117:149d0450 StX`NB7ANt July 6,2013 I Leda Nodarse i TERRACON CONSULTANTS,INC I 1675 Lee Road Winter Park.Florida 32789 Dear Ms.Nodarse: The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to qualify your firm for the following types of work. Group 9 -Soil Exploration,Material Testing and Foundations 9 1 Soil Exploration 9.2 -Geotechnical Classification Laboratory Testing 9.3 -Highway Materials Testing 9.4.1 -Standard Foundation Studies 9.4.2 -Non-Redundant Drilled Shaft Bridge Foundation Studies 9.5 -Geotechnical Specialty Laboratory Testing Group 10 -Construction Engineering Inspection 10.1 -Roadway Construction Engineering Inspection 10.3 -Construction Materials inspection Your Unlimited Notice of Qualification shall be valid until June 30,2014 at such time as your December 31,2013 overhead audit will be due to comply with the Department's requirement on overhead audits. We will automatically notify your firm 45 to 60 days prior to your update deadline. On the basis of data submitted the Department has approved your accounting system and considers the rates listed below as acceptable rates for qualification purposes ^acilities Home/Branch Capital Cost Overtime Published Moe of Money Premium Direct Expense Fee Schedule Overhead Rate 195.84% 0419'7 Reimbursed 22.66%(Home) Yes Should you have any questions please feel free to contact me at 850-414-4597. Sincerer / �i'�� Cartiayn Kell �/ Professional Services Qualification Administrator r The Corradino Group (10.4) Florida Department of Transportation RNA warn 60 Suwannee Street ssisSiTti MASAO,r oovrevea TalLallevum..11.32349-040) Set NCI:set July 20,2013 Alexis Mattey,Editor/Production Lead THE CORRADINO GROUP,INC. 4055 NW 97*Avenue,Suite 200 Miami,Florida 33178 Dear Ms Mattey The Florida Department of Transpo4ation has reviewed your application for qualification package and determined that the data submitted is adequate to quality your firm for the following types of work. Group 2 -Project Development and Environmental(POSE)Studies Group 3 -Highway Design Roackvav 3 1 -Minor Highway Design 3.2 -Major Highway Design Group 5 -Bridge Inspection fa+,overhead awe has beer,asstcoved enabting your firm to compete for prefects wet estimated fees of any dollar arr■ount This status shall be reed until June 30 2014 51 -Conventional Bridge Inspection 54 -Bridge Load Rating E On the oasis of data submthed,the Del:mermen,has approved your accounting system and consioess the rates listed below as acceptable rates tel cOnitnacting purposes Group 6 -Traffic Engineering and Operations Studies roomers 6.1 -Traffic Engineering Studies Homorl3nanidt Fekl Caipaat Cost Overtime 442C12 Premium QL.MCLEatims Overhead Rate 187 35% 125 19% 0 183% Reimtiunsee A 34%Mom) Group 7 -Traffic Operations Design 11 82%(helot' 7 1 -swing Pavement Marking and channelfZatten 'Rent and utilities exduded from Said office rate Tt...64,.costs./.41 be directry reimbursed on contracts that 7 2 -Lighting require the consultant to provide field office 7 3 -Seanalization Should you nave any questions please feel free to contact me at 550-414-4597 Group 10 -Construction Engineering Inspection Siocerely. /", 10.1 -Roadway Construction Engineering Inspection 10.3 -Construction Materials Insoection Cattayn ear 10.4 -tartar Bridge S Miscellaneous Structures CEI Professional Services 10.5.1 -Major Bridge CEI-Concrete Qualification Aclmie prow 10.5.2 -Major Bridge CEI-Steel Group 13 -Planning 13.4 -Systems Planning 13 5 -Subarea/Corridor Planning 13.8 Land Planning/Engineering uu.shit.slate 11 Jull.rlat ill,, Brindley Pieters & Associates (DBE) Florida Department of Transportation ra el I 243 Suaeletet Set, arairn AIWA PA. /Am, ASOIr Tees.13"...t1x,41415 RICKAIITANN June 12,2013 Brerdley Meters,P,E,,Rnsessent BRINDLEY t tftS&ASSOCIATES,INC. MOO Matifand Canter Parkway.Suite 180 Mainano,Fends 32751 Dear Mr Peters The feces Department of TranSperrtaaeri Mu reviewed your apptication far qua rattan package and determined that the data submitted Is adequate to quarry your fern fw the folk:New typeset work Group 3 Higthvay Devon Roadway 3.1 -Minor Highway Design 3.2 -Meier Highway Design 33 Contended Access Highway Design Group 4 Highway Design-Bridges 4 ii -terscallanernis Structures 4 1 2 Moor Bridge Design Group 6 •Traffic Ertgirstering and Operations Shades 5 1 -Traffic Engineering Studies Group 7 -Traffic Operations Design On the base Of data submitted the Department has apprOved your tiottourdirm system and 7.1 -Signing,Pavement Marking and Channelizaten considers the rates hated below as acoaptable rates for quanfication purposes. 3 Signatization Eeriness Group 10 Construction Engineering feepecaln lierneiBranch Freed Capital Cost Overtime Office Qfte. of Money Plent&O lamsitExemw 10.1 -Roadway Construction Engineering twocton Overhead Rate 278 96% 228.88% 0 338% Reimbursed 3.30%(Horne) 538%(Fiebi) Year Onfitriegg Notice Of Qualification shut be valid unfit June 30,2014 at s sx!samittfe_u_au overhead audit will be due to comply with the Depantrienes red *Rent and utilities excluded f,Cre field office rate These coats wet be directly reimbursed on contracts that ewefe We writ eutemeleiffeY eorify your firm 451c 80 days prior to your update deed require ter consultant to provide field office, Shootni you have any questions,please feel free to contact me at as0-414-45Q7 fi Sincere, Carheyntflelt Professional Services Cuabfication Administrator err �� Location ��� . „A i 1 4 ‘ a 010 SLATE 305 _ New Smyrna .a.t t II AL tittil Office Location Approximate Distance O1 mfEd t Of�n Support Office `` [PH has eleven (11) offices in the State of Florida with support of approximately 210 personnel throughout the company to assist in the projects for the City of Ed�8�eva�t The City will have the direct conn�menYmfthe CPH Deland office located at101N'Wfoo ain0i*d',Suite 30G, Deland, FL 32720 supported by staff members in Sanford. The Deland mice ssta�edwith employees that include registered personnel, administrative staff, and owners of the is. to accomplish the projects on time and within budget. CPH has assigned two primary liaisons for the City on this contract. Those individuals, staffed from our Deland office, Mr. Stephen N. Romano, P.E. (Principal-in-Charge) and Mr. David A. Terwilleger, P.E., CGC (Project Manager/Project Engineer) will be the main points of contact for City Staff and will coordinate individual project teams for assigned projects as needed. Clear communication and the ability to "hit the ground running" are key aspects of the CPHteann'x approach to providing successfu| services for the City. As the Project Manager/Professional [ontect Person, David will interact with the City onavveek|y basis (as required) to ensure the teamnis staying on the schedu|e and budget the City has set for this project. 1 , • 3 . Project Team 0 The CPH Team Organizational Chart(provided below) depicts the overall reporting and communication hierarchy as well as project roles and responsibilities in relation to the City's scope of services. CPH has teamed with Terracon to provide material testing/LIMS, the Corradino Group to provide bridge and structural services,and Brindley Pieters&Associates to CEI support services. City of Edgewater Principal-in-Charge Project Nlanager/Project Engineer QA/QC Stephen N.Rornano,P1. David A.Terreilleger,P.E. David E.Mahler,P.E. David A.Gierach,P.E,CGC Project Administrator Clint T.lannotti CE!Compliance Specialist IIIIIIIIIIM2EMIIIIIIMNIM Engineering/MOT Denise Fordha m/1 Sabah P. Blarney Kurt H.Litman,Jr.,P1. David 1.Morris, r.,L.I.,LEED AP CE!Support Material testing/11MS Minor Bridge and Misc.Structures Brindley Pieters&Associates(DBE) Terracon The Corradino Groh Stephen N. Romano, P.E./Principal-in-Charge Mr.Romano has served the firm of CPH as a Branch Manager of the firm's DeLand office and as a Project Manager for both public and private projects since 1996. Mr. Romano has been involved with the design of Water and Wastewater Treatment Facilities, ' Risk Management Planning, Reclaimed Water System design and has extensive computer hydraulic modeling of collection and distribution systems. Years of Service With Proposer: Alabama Avenue Greenway(FDOT LAP) 17 Years • Civil, Planning, Survey, Landscape Architecture, Permitting Years of Experience: • 1.4 Mile Multi-Use Path/12'Wide 17 Years • Planning and Study of 5 Mile Extension Phase II • FOOT LAP Project Academic Credentials • Extensive Public Involvement B.S. in Environmental Engineering, University of Central • Limited ROW and Easements Florida with Honors • Traffic Calming and Pedestrian Crossings • "Florida Friendly"Landscape Design Licenses Southwest Regional WRF Expansion Professional Engineer—FL(No,57579) • Design of a new treatment train added to the existing wastewater facility in DeBary. The design included Expertise: • A new biological treatment • Wastewater Treatment • A new combined tertiary/reclaimed treatment system • Water Treatment • State of the art control system to integrate the facility • Reclaimed Water Systems • The project began with conceptual planning and • Distribution and Collection Systems Modeling treatment investigations, Facility planning and SRF • Master Planning funding,up to construction. Lake Groves WTP • Addition of a 3500-gpm lower Florida well in South Lake County • Facility improvements included: • Packed tower degasifiers and biofilters for odor control • A new operations and control building • New high service pumping • New chemical systems Lake Utility Services • Design of water and wastewater treatment plant improvements • Planning and design to further interconnect and supply water to the south Lake County service area • Approximately 7 miles of 16"water main along US 27 • Approximately 3 miles of 8"force main along US 27 • Several smaller piping projects • A booster pumping station designed to elevate system pressures • Water plant expansions to increase the capacity of the overall system Halifax Water and Sewer Systems • Services have included: • Recent studies for new shallow well aquifers at the RO facility • Concentrate disposal permitting • Consumptive use permitting • Wastewater modifications David A. Terwilleger, P.E., CGC/Project Manager/Project Engineer Mr.Terwilleger serves CPH as a Project Manager with over 32 years of experience in design and construction. He has served as Project Engineer for several recent LAP on-system projects including Highbanks Road at US 17/92 Intersection Improvements, Spruce Creek Rd. and SR 421 (Dunlawton Ave.) Intersection Improvements, Colomba Road and US 17/92 Intersection Improvements. He has provided CEI services for numerous roadway, utility,and drainage projects in Central Florida including SR 426 Utility Construction, Cloud Branch Drainage Improvements, St. Johns Parkway, Michigan Avenue, and 1-4 /SR 46 roadway improvements. His background includes construction supervision, construction engineering and inspection, structural and civil design,and project management. Years of Service With Proposer: Highbanks Road at US 17/92(LAP) 23 Years • CPH provided construction engineering and inspection services for the Highbanks Road at US 17/92 Years of Experience: intersection improvements project 32 Years • The project included extensive MOT to accomplish turn lane construction, replacement and upgrading of traffic Academic Credentials signals,water and forcemain construction,storm sewer B.S,in Civil Engineering,University of Florida construction and coordination with private property M.S.in Civil Engineering,University of Central Florida owners along with improvements to adjacent private Graduate work in Structural and Geotechnical Engineering parking lots and entrances due to the construction • Four drilled shafts were installed for the traffic signal Licenses construction and all testing was entered into the FOOT Professional Engineer—FL(No.34376)&VT LIMS system since this was also an FDOT on system Certified General Contractor—FL(No.CGC 031751) project Advanced Maintenance of Traffic Spruce Creek Rd.and SR 421(Dunlawton Ave.)Intersection CTQP QC Manager Improvements Project(LAP) • CPH provided construction engineering and inspection Expertise: services for the intersection improvements project • Construction Engineering and Inspection • The project included extensive MOT to accomplish turn • Hydraulics lane construction, major drainage improvements • Structures including box culvert and headwall construction, • Land Development guardrail construction,and storm sewer construction • Utilities • Bypass pumping of a major drainage canal was required to accomplish the box culvert and head wall construction Colomba Road and US 17/92 Emergency Traffic Signal(LAP) • CPH provided construction engineering and inspection services for the emergency traffic signal project • The project involved the construction of an emergency traffic signal for the Fire Station and included two drilled shafts for mast arm construction SR 44(New York Avenue)Streetscape Improvement Project (LAP) • CPH is currently providing construction engineering and inspection services • The project includes removal and reconstruction of sidewalks in a heavily traveled commercial corridor and includes extensive landscape and irrigation along with planters,pavers,crosswalks and other amenities Highbanks Road Sidewalk Widening(LAP) • CEI services for the Highbanks Road sidewalk widening projects • Included construction of approximately 3,000 square yards of new concrete sidewalk • FOOT LAP project and EEO compliance was required • Project included MOT demo of existing sidewalk and coordination with residents and an existing school Clinton T. Ian flOtti/Project Administrator Clint lannotti serves the firm of CPH in the capacity of Project Coordinator. He has been with CPH since 1999. Mr. lannotti has been involved with water, wastewater, and reclaimed water design and construction. His work consists of computer-aided drafting, project inspection, and construction administration of projects for municipal and private clients. Mr, lannotti has 16 years of experience working with municipal and private utilities. He is currently involved with the WTP 3 Well and Raw Water Main Phase 2 project for the City of Palm Coast.On this project,Mr.lannotti serves as Project Coordinator that includes attending weekly progress meetings,utility coordination meetings,and construction administration. Years of Service With Proposer: Highbanks Road Sidewalk Widening(LAP) 14 Years • CEI services for the Highbanks Road sidewalk widening projects Years of Experience: • Included construction of approximately 3,000 square 16 Years yards of new concrete sidewalk • FDOT LAP project and EEO compliance was required Academic Credentials • Project included MOT demo of existing sidewalk and Architectural/Structural AutoCAD Diploma, coordination with residents and an existing school St Augustine Technical Center,1995-96 Belle Terre Parkway Four-Laning • Consisted of approximately 4.1 miles of a four-lane Certifications divided roadway, four 12-foot travel lanes and two FDOT Asphalt Paving Technician,Level I,II four-foot bicycle lanes Intermediate Maintenance of Traffic • Re-design of approximately 10,000 I.f. of 20" water main, 12,000 I.f. of 12" water main and 20,000 I.f. of Expertise: 16"force main • Construction Administration SR 426 Utility Relocation Project • Computer-Aided Design • Relocation of the City's 10" water main along SR 426 • Structural Inspection that was in conflict with FDOT's improvements from widening of roadway Other Projects: • The existing 10"water main was replaced with a 16" • Palm Coast WWTP No.2 • The project also involved the installation of a new • Palm Coast Sludge Management System wastewater system in the area consisting of over 4,000 • Palm Coast Wastewater Treatment Facility No.1 feet of gravity sewer lines ranging from 8"to 15"and a Biostyr Treatment Unit new master lift station and 1,300 feet of a 10" force • Palm Coast Wastewater Treatment Facility main including a 270-foot directional drill under Red • Palm Coast Cigar Lake Pumping Station Bug Lake Road • Palm Coast Biosolids,Reclaimed Water and Aerobic Ravenwood Drive/White View Parkway Multi-Purpose Trail Digestion Improvements • Provided design services for a 0.55 mile, 8-ft wide concrete trail within the Ravenwood Drive right-of-way and a 0.75 mile, 12-ft wide asphalt trail within the White View Parkway right-of-way. • The segment along Ravenwood Dr. required drainage analysis to maximize the remaining Swale to maintain the City's conveyance system which doubles as part of the City's overall 100-yr flood storage. Palm Coast WTP No.3 • New 3 MGD water treatment plant utilizing the LPRO treatment technology to treat the confined surficial aquifer water and or the upper Floridan aquifer water • Plant was designed to facilitate expansion from 3 MGD to 9 MG Cigar Lake • Performed design,permitting and construction services for a reclaimed water pump station • The pump station consists of a 40' x 76' building including a pump room, an electrical room, and a chemical feed room Sabah P. B(a 11 ey/inspector Mr. Blaney has 43 years of experience,which had involved virtually every aspect of the construction industry,including CEI. Mr. Blaney has been the Senior Inspector for several recent LAP projects including Highbanks Road at US 17/92 Intersection Improvements,Colomba Road and US 17/92 Intersection Improvements, Colomba Road and US 17/92 Emergency Traffic Signal and Spruce Creek Rd.and SR 421(Dunlawton Ave.)Intersection Improvements. Mr.Blaney is a licensed contractor and qualified in MOT and Erosion Control. Years of Service With Proposer: Highbanks Road at US 17/92(LAP) 13 Years • CPH provided construction engineering and inspection services for the Highbanks Road at US 17/92 Years of Experience: intersection improvements project 43 Years • The project included extensive MOT to accomplish turn lane construction, replacement and upgrading of Academic Credentials traffic signals, water and forcemain construction, M.S.E.in Civil Engineering storm sewer construction and coordination with Post Graduate in Foundation Engineering private property owners along with improvements to adjacent private parking lots and entrances due to the Licenses construction Professional Contractor—FL(No.CBC 043601) • Four drilled shafts were installed for the traffic signal Advanced MOT construction and all testing was entered into the FOOT Stormwater Erosion Inspector LIMS system since this was also an FDOT on system Professional Engineer—UK project Spruce Creek Rd.and SR 421(Dunlawton Ave.)Intersection Expertise: Improvements Project(LAP) • Project management for multiple projects • CPH provided construction engineering and inspection ranging from$1,000,000-$14,000,000 services for the intersection improvements project • Management and supervision of residential and • The project included extensive MOT to accomplish turn commercial projects lane construction, major drainage improvements including box culvert and headwall construction, Professional Activities: guardrail construction,and storm sewer construction • Society of Engineers(UK) • Bypass pumping of a major drainage canal was • Society of Professional Engineers(UK) required to accomplish the box culvert and head wall • Qualified Stormwater Inspector construction Colomba Road and US 17/92 Emergency Traffic Signal(LAP) • CPH provided construction engineering and inspection services for the emergency traffic signal project • The project involved the construction of an emergency traffic signal for the Fire Station and included two drilled shafts for mast arm construction SR 44(New York Avenue)Streetscape Improvement Project (LAP) • CPH is currently providing construction engineering and inspection services • The project includes removal and reconstruction of sidewalks in a heavily traveled commercial corridor and includes extensive landscape and irrigation along with planters,pavers,crosswalks and other amenities Palm Coast Parkway/Pine Lakes Parkway,City of Palm Coast • Box Culvert • Major roadway drainage improvements • Major trail construction David 1. Morris Jr., E.I., LEED AP/Inspector • David Morris serves the firm of CPH as a Senior Inspector and Civil Designer. His responsibilities include CEI and design and engineering of roadway, infrastructure, grading,drainage, potable water, sanitary sewer systems, and lift station design. Other duties include construction coordination with contractors in the build out phase and processing of permits through various regulatory and municipal agencies. Mr. Morris has provided EEO compliance including employee interviews and payroll review for various federally funded LAP and other projects. Years of Service With Proposer: Spruce Creek Rd.and SR 421(Dunlawton Ave.)Intersection 7 Years Improvements Project(LAP) • CPH provided construction engineering and inspection Years of Experience: services for the intersection improvements project • The project included extensive MOT to accomplish turn 7 Years lane construction, major drainage improvements including box culvert and headwall construction, Academic Credentials guardrail construction,and storm sewer construction B.S, in Environmental Engineering, University of Central • Bypass pumping of a major drainage canal was required Florida,2006 to accomplish the box culvert and head wall construction Licenses • Bypass pumping of a major drainage canal was required Engineer Intern-FL Pipe Bursting of Potable Water Mains Using Pre-Chlorinated LEED Accredited Professional Pipe,City of Sanford Qualified Stormwater Management Inspector(FDEP) • Construction phase services included inspections, Advanced Maintenance of Traffic Certification conducting labor standards interviews during construction for documentation of compliance with Davis Bacon prevailing wage requirements, preparing Expertise: monthly Davis Bacon compliance certifications, and • Construction Administration review of the weekly certified payrolls for compliance a Construction Inspection with prevailing wage requirements based on * Water and Wastewater Design and Modeling classifications of the workers, hours worked on the • Stormwater Design project, overtime pay, and other fringe benefits as • Permitting applicable • Quality Control + Reviewed payment applications, prepared change orders, and prepared disbursement requests for the SRF funding St.Johns Parkway • Consisted of widening existing roadway, resulting in 1,650 IF of a new three lane road • Major construction items included construction of a 28- ft span x 7-ft rise x 72-ft long concrete arch culvert and wingwalls at the canal, curb and gutter, sidewalk, guardrail,aluminum handrail,and storm sewer(ranging in size from 15"to 48"x72") • Also included approximately 2,800 I.f. of a new four- lane divided roadway between Rinehart Road and Upsala Road • 3 stormwater ponds, sidewalk, clearing, grubbing, and grading approximately 25 acres of undeveloped land adjacent to the right-of-way, storm pipe (18"-60", 48"x76"),relocation and construction of a total of 2,360 If. (6"-16")of water main, reclaimed water main,force main, turn lane construction on Rinehart Road, modification of existing traffic signals, landscaping, and irrigation Kurt R. Luman, Jr., P.E.1ProjectFngrneer/MQT Kurt Luman serves the firm of CPH in the capacity of Vice President of our Transportation Services. He is responsible for • managing, engineering, and designing roadway,traffic, and trail projects, including geometric design, stormwater management systems, traffic intersections, and traffic control plans. He also is responsible for the preparation and processing of permits through various regulatory agencies including FDOT Local Agency Program (LAP) projects. In addition to highway and traffic design Mr. Luman has experience in preparing stormwater pollution prevention plans, construction estimates and site inspections. Highbanks Road at US 17/92(LAP) Years of Service With Proposer: • CPH provided construction engineering and inspection 14 Years services • The project included extensive MOT to accomplish turn Years of Experience: lane construction,replacement and upgrading of traffic 15 Years signals,water and forcemain construction,storm sewer construction and coordination with private property Academic Credentials owners along with improvements to adjacent private B.S.in Civil Engineering,University of Central Florida,2001 parking lots and entrances due to the construction • Four drilled shafts were installed for the traffic signal Licenses construction and all testing was entered into the FDOT Professional Engineer-FL(No.65036) LIMS system Advanced Maintenance of Traffic Spruce Creek Rd.and SR 421(Dunlawton Ave.)Intersection Improvements Project(LAP) Expertise: • CPH provided construction engineering and inspection • Roadway Design,including: services for the intersection improvements project Major arterials,collectors,and local streets • The project included extensive MOT to accomplish turn Intersection geometry lane construction, major drainage improvements Round-a-bouts/Traffic calming including box culvert and headwall construction, • Roadway Analysis guardrail construction,and storm sewer construction PD&E • Bypass pumping of a major drainage canal was required Pond Siting Reports to accomplish the box culvert and head wall s. Design Studies construction • Trails and Shared-Use Paths Colomba Road and US 17/92 Emergency Traffic Signal(LAP) • Signing and Pavement Marking • CPH provided construction engineering and inspection • Maintenance of Traffic Plans services for the emergency traffic signal project • Streetscapes • The project involved the construction of an emergency • Drainage/Flood Plain traffic signal for the Fire Station and included two • FDOT Coordination drilled shafts for mast arm construction • Permitting SR 44(New York Avenue)Streetscape Improvement Project • Public Involvement (LAP) • CPH is currently providing construction engineering and inspection services • The project includes removal and reconstruction of sidewalks in a heavily traveled commercial corridor and includes extensive landscape and irrigation along with planters,pavers,crosswalks and other amenities Tuskawilla Towne Center Roadway Improvements • Reconstruction of Tuskawilla Road • Services included: engineering services, inclusive of data collection/analysis, preparation of preliminary drawings,and presentation to the City Commission Belle Terre Parkway Four-Laning • Consisted of approximately 4,1 miles of a four-lane divided roadway, four 12-foot travel lanes and two four-foot bicycle lanes • Re-design of approximately 10,000 I.f. of 20" water main, 12,000 I.f. of 12" water main and 20,000 I.f. of 16"force main Denise Fordham J CEI Compliance Specialist Mrs. Fordham serves CPH as a CEI Secretary/CEI Resident Compliance Specialist. She has provided CEI administration services for • numerous roadway, utility, and drainage projects in Central Florida. Mrs. Fordham has experience with CQR/LIMS, progress and final estimates, EEO compliance, and processing construction contract changes. She has worked with LAP funded projects for the past two (2)years and has worked on over four (4) LAP projects including intersection improvements, traffic signal addition, and miscellaneous roadway improvements. Years of Service With Proposer: Highbanks Road Sidewalk Widening(LAP) 8 Years • CEI services for the Highbanks Road sidewalk widening projects Years of Experience: • Included construction of approximately 3,000 square 13 Years yards of new concrete sidewalk • FDOT LAP project and EEO compliance was required • Project included MOT demo of existing sidewalk and Academic Credentials coordination with residents and an existing school H.S. in Child Development, Florida State University Highbanks Road at US 17/92-City of DeBary • CEI for intersection improvements Expertise • Local Agency Program(LAP)funded project • Multi-Line and Engineering Menu • EEO and other Federal Reporting was required • FOOT DBE and OJT Programs • Extensive MOT to accomplish turn lane construction, • CQR/LIMS replacement and upgrading of traffic signals,water and • EEO Compliance forcemain construction,storm sewer construction • Four drilled shafts • Processing Construction Contract Changes • All testing was entered into the FOOT LIMS system Spruce Creek Rd, and SR 421 (Dunlawton Ave.) Intersection Improvements Project • CEI for intersection improvements project • Local Agency(LAP)Funding project • EEO and other Federal Reporting was required • Extensive MOT to accomplish turn lane construction, major drainage improvements including box culvert and headwall construction, guardrail construction, and storm sewer construction • Bypass pumping of a major drainage canal was required Colomba Road and US 17/92 Emergency Traffic Signal, City of DeBary • CEI for the emergency traffic signal project • Local Agency Program(LAP)funded project • EEO and other Federal Reporting was required • Construction of an emergency traffic signal for the Fire Station • Included two drilled shafts for mast arm construction • All testing entered into the FDOT LIMS system SR 44 (New York Avenue) Streetscape Improvement Project, City of Deland • CEI for the SR 44 (New York Avenue) Streetscape Improvement Project • Local Agency Program(LAP)Funded project • EEO and other Federal Reporting is required • Removal and reconstruction of sidewalks in a heavily traveled commercial corridor and includes extensive landscape and irrigation along with planters, pavers, crosswalks and other amenities • All testing entered into the FOOT LIMS system David E. Mahler, P.E./cZa/4c • Mr. Mahler serves the firm of CPH as Senior Vice President and Branch Manager of the Orlando Office. Mr. Mahler is a Project Manager/Project Engineer for municipal and private clients. Mr. Mahler has been involved with treatment facility improvements, SCADA systems,collection and distribution system design,and modeling as well as utility line extension and relocation projects for both municipal and private clients. In addition, Mr. Mahler specializes in relocation of existing utilities associated with roadway projects.He has also been involved with land development and roadway design and permitting for private clients. Years of Service With Proposer: Tuskawilla Towne Center Roadway Improvements 14 Years • Reconstruction of Tuskawilla Road • Services included: engineering services, inclusive of Years of Experience: data collection/analysis, preparation of preliminary 23 Years drawings,and presentation to the City Commission SR 426 Utility Relocation Project Academic Credentials • Relocation of the City's 10" water main along SR 426 B.S.in Environmental Engineering,University of Central that was in conflict with FDOT's improvements from Florida widening of roadway • The existing 10"water main was replaced with a 16" Licenses • The project also involved the installation of a new Professional Engineer-FL(No,50041) wastewater system in the area consisting of over 4,000 feet of gravity sewer lines ranging from 8"to 15"and a Expertise: new master lift station and 1,300 feet of a 10" force • Water Supply,Treatment,Pumping,Storage and main including a 270-foot directional drill under Red Distribution Bug Lake Road • Wastewater Collection,Treatment and Pumping S.R.SO Utility Relocation Project • Reclaimed Water Storage,Pumping and Distribution • 13 miles of water distribution system and wastewater • Utility System Relocations collection and transmission system relocations and • Utility Systems Modeling installations within the S.R.50 Corridor • Land Development • FDOT/JPA contract • New facilities as well as relocations and removal Clients: • 5.5 miles of 8, 12,16,20 and 24"diameter water main • Orange County • 7.7 miles of 4,8,12,16,20 and 30"diameter forcemain • Haines City • 2.84 miles of gravity collection mains • City of Lake Alfred • Triplex Master Pump Station • FL Department of Corrections Construction Engineering Inspection Rinehart Road Widening • City of Winter Springs • CPH provided construction engineering and inspection • City of Eustis services for the widening of Rinehart Road • City of Orlando • Construction included expanding the existing 2-lanes to • City of Oviedo 4-lanes, signalization, and landscaping/irrigation. • City of Winter Garden Traffic signal construction as included for 7 • City of Ocoee intersections with fiber optic lines and mast arm with • Volusia County School Board drilled shafts for the signal foundations • Lake County School Board • Coordination with FPL was required for underground • Town of Oakland construction of some electrical distribution lines along with some other private utilities • Provided full time administration and inspection personnel for the project Lake Alfred Echo Drainage • Constructed new inlets, storm sewer, and stormwater ponds in order to alleviate flooding • Design consisting of stormwater modeling and permitting through SWFWMD,Polk County and FDOT • Assisted City with securing CDBG funding David A. Gierach, P.E., CGC/QA/qC Mr. Gierach serves CPH as President. He oversees all CEI, planning, design and engineering services for roadway, water, wastewater, and reclaimed water projects. He has extensive experience in the design of major roadway, water/wastewater treatment plants, water supply, water reclamation facilities, wastewater collection systems, control and SCADA systems, and reclaimed water systems, and he has provided such services to clients including the Cities of Palm Coast, Sanford, Lake Mary, Casselberry,Winter Springs,Orlando,the U.S.Navy and Volusia County for numerous projects. Years of Service With Proposer: St.Johns Parkway(Phase 3),City of Sanford 26 Years • Construction of approximately 2800 linear feet of new four lane divided roadway between Rinehart Years of Experience: Road and Upsala Road 30 Years • Construction of: o 3 stormwater ponds Academic Credentials o Clearing, grubbing, and grading approximately 25 acres of undeveloped land adjacent to the B.S. in Environmental Engineering, University of Florida right-of-way, sidewalk, storm pipe (18"-60", 48"x76") Licenses o Relocation and construction of a total of 2360 Professional Engineer FL(No,38642) linear feet (6"-16") of water main, reclaimed General Contractor License—FL(No.060789) water main, and force main, turn lane construction on Rinehart Road Expertise: Highbanks Road at US 17/92(LAP) • Construction Engineering and Inspection • CPH provided construction engineering and inspection services for the Highbanks Road at US • Roadway design and construction 17/92 intersection improvements project • Master Water/Wastewater/Reclaimed Water • The project included extensive MOT to accomplish Plans turn lane construction, replacement and upgrading • Major Wastewater Treatment Plants, Water of traffic signals, water and forcemain construction, Reclamation Facilities, Wastewater Collection storm sewer construction and coordination with Systems,and Reclaimed Water Systems private property owners along with improvements to • Planning, Design and Engineering Services adjacent private parking lots and entrances due to during construction for water,wastewater,and the construction reclaimed water type projects • Four drilled shafts were installed for the traffic signal • Process Design/Analysis construction and all testing was entered into the FOOT LIMS system since this was also an FDOT on • Design and Construction of water supply, system project treatment and distribution systems Spruce Creek Rd.and SR 421(Dunlawton Ave.)Intersection • Advanced Treatment Standards Improvements Project(LAP) • Sludge Handling/Disposal Systems • CPH provided construction engineering and • Stormwater Management inspection services for the intersection improvements project • The project included extensive MOT to accomplish turn lane construction, major drainage improvements including box culvert and headwall construction, guardrail construction, and storm sewer construction • Bypass pumping of a major drainage canal was required to accomplish the box culvert and head wall construction Colomba Road and US 17/92 Emergency Traffic Signal(LAP) • CPH provided construction engineering and inspection services for the emergency traffic signal project • The project involved the construction of an emergency traffic signal for the Fire Station and included two drilled shafts for mast arm construction Qeutechnico| Environmental Construction Materials Facilities LINDA E WS TECHNICIAN PROFESSIONAL EXPERIENCE � ^ Ms. Ellis has 17 years of experience performing quality control testing methods on soils and concrete used in construction projects throughout � | Florida. Her field experience includes sampling and testing concrete for compressive strength and plastic properties, monitoring structural ' concrete placements, compaction testing of soils by use of drive oleeve, sand cone and nuclear gauge. Her field experience also includes pile driving installation mondnnn0, reinforcing steel inspection and threshold inspection. Her lab experience consists of testing concrete cylinders for � compressive utnsngth. testing soils for maximum density (both standard and modified), performing classification testing of soils for both AASHTO [ �� and Unified designations,and LBR testing of subgrade and base materials � y for roadway construction, Ms. Ellis has a diversity of project experience including large-scale projects at Universal Studios and the Orlando~ TIN # International Airport. She also has experience providing field inspections E42053153 for the Florida Department of Transportation . Certifications PROJECT EXPERIENCE CTQP Asphalt Paving Technician Levels/ &o Turnpike Enterprise,State of Florida CPN Nuclear Density Gauge • IA Inspector and Verification Inspector for asphalt roadway and Certified plant inspector for Florida Turnpike Enterprise and SR 429. CTQP Asphalt Plant Technician Lake Jesup Bridge,Volusia County,Florida Level 1 • Pile driving installation monitoring and documentation for new CTQP Earthwork Construction bridge over Lake Jesup. Inspector-Levels 1uu 1-95 Asphalt Mill and Replacement SR 44,Daytona Beach, Florida rno�pnmommnn/nmuxmmv • YNundohngmU||ngand nap�oamantFC'5msphab for FOOT. Inspection Orlando-Orange County Expressway Authority (00CEA), Orlando, Florida • Verification inspection asphalt plant for projects; SR408 253 D-1 and D-3 and SR 429(SR535 to SR441) Indian Creek Boulevard Bridge and MSE Walls,Osceola County, Florida • Pile driving installation monbohng, earthwork operations monituhnD. MSE wall construction moniUoring, reinforcing steel inspection and concrete testing for new bridge over S.R. 429 (Western Expressway) Orlando International Airport South Terminal Complex Infrastructure, Orlando,Florida • This project involved the access rnadm, underground utilities and stormwater management system fnr0/Ya new South Terminal. Included in this project is the construction of Heintzelman Road. Services included pile driving installation monitoring for 4 bridges Orlando International Airport Airside 2 Terminal,Orlando, Florida • Construction materials testing for infrastructure and vertical construction of a new$69 million terminal building encompassing 318,000 square feet Orlando International Airport Airside 2 Automated Guideway Transit System,Orlando, Florida • Lead technician for construction materials testing services for a 1,870 foot elevated AGT system associated with the new Airs ide 2 Terminal. Services included augercast pile construction monitoring, earthwork|nwpectiunm, reinforcing steel inspections and concrete testing oA*sE niet"=on"OMPANY Geotechnical Environmental Construction Materials m Facilities • KERRY HUBERT TIN# TECHNICIAN N16350451 PROFESSIONAL EXPERIENCE Education Mr. Hubert has approximately 5 years of experience as an engineering vi.c.s.Nigh School,Jeffersonville, New technician for construction materials testing and has been with Nodarse & York 1980 Associates, Inc. since April 2008. His experience includes providing asphalt paving and asphalt plant inspection services. Mr. Hubert has Certifications worked a wide variety of commercial,county and FDOT projects. CTQP Concrete Field Inspector CTQP Asphalt Plant Technician- PROJECT EXPERIENCE Levels 1&2 Sarasota International Airport,Sarasota,Florida CTQP Asphalt Paving Technician- • Asphalt Plant Inspection Level 1 &2 Palm Beach International Airport,West Palm Beach,Florida CTQP Paving Level 2 • Paving inspection and runway improvements Intermediate Maintenance of Traffic Miami International Airport,Miami,Florida • Plant and Paving Inspection Tallahassee International Airport,Tallahassee,Florida • Asphalt plant inspection FDOT District 2 • Plant Inspection, Misc. projects Interstate 10 • Plant Inspection Curry Ford Road,Orange County,Florida • Asphalt paving technician Winter Garden Villages,Orange,Florida • Asphalt paving technician S.R.27, Lake County, Florida • Asphalt plant technician S.R.44,Orange County, Florida • Asphalt plant inspection Clermont Connector,Lake County,Florida • Asphalt plant inspection S.R.528,Orange County,Florida • Asphalt paving inspector Leesburg Toll Plaza,Turnpike,Lake County,Florida • Asphalt plant/roadway inspection US 301,Sumter County,Florida • Asphalt plant/roadway inspection CR 470,Sumter County,Florida • Asphalt plant inspection CR 42,Marion County, Florida • Asphalt plant inspection SR 414-211 Maitland Blvd,Orange County, Florida • Asphalt plant inspection CR 54 Orange County, Florida • Asphalt paving technician Crosstown,St. Lucie County,Florida • Asphalt paving technician Becker Road,St Lucie County, Florida • Asphalt plant technician N.W.39th Ave.,Alachua County,Florida • Asphalt plant technician S.W.24th Ave.,Alachua County,Florida • Asphalt plant technician NDARSE "T it • rp ir% /"1 in no A T1 if KA 1 % /^ v.. r% i ri E. .14...0 %J 1 % IN Pt 1.41, i 4 r../ % a x. ve4 LO r YEARS OF EXPERIENCE FRANK WHITE 34 Project Administrator EDUCATION AS(Contracting/Civil Engineering), r EXPERIENCE Broward College,1978 Mr. White has 34 years of construction engineering and inspection experience with FDOT REGISTRATIONS ; and County projects as a Project Administrator on large roadway and bridge projects with Licensed General Contractor an emphasis on movable bridges. Movable bridge experience includes the rehabilitation of the North Bridge. the Atlantic Ave. Bridge, the Oakland Park Boulevard Bridge, the QUALIFICATIONS/CERTIFICATIONS Camino Real and the Southwest 11th Ave. Bridge,and the total replacement of the Royal CTQP#W30027249 Park Bridge, Donald Ross Road Bridge, Ocean Ave. Bridge, Northwest 27th Ave. Bridge, QC Manager Course/Exam Palmetto Park Road Bridge,and the Andrews Ave. Bridge. Nuclear Gauge Safety MOT-Intermediate 04/2012-Present: Project Administrator, Palm Beach County/FDOT District 4, SR-7 Final Estimates 1 &II f and SR 80(Southern Blvd.), FM#4227681-58-01. Bridge Widening Intersection safety CTQP Grouting Video Tutorial upgrades including: signalization, widening. and resurfacing. Reference: John R. DCE Critical Structures Kopelakis, 561-684-4180 08/2011-04/2012: Project Administrator, FOOT District 4, Port St. Lucie Blvd. and SR 5 (US 1), FM #423115-1-52-01. Intersection safety upgrades including signalization widening and resurfacing.Reference:Steven Haines,PE, 772-489-7064 02/2011-08/2011: Project Administrator, SFWMD, Multiple canal bridge rehabilitation projects around Lake Okeechobee. Reference:Andre G.Melo,PE,561-682-2670 02/2008-02/2011: Project Administrator, SR 60 from Ranch Rd. (82 Ave.) to 66 Ave., FM #228627-1-52-01, Contract ID: T4193, Vero Beach, FL, Reconstruction 2.3 mile divided roadway with roadway lighting, landscape and two signalized intersections.The work includes the new construction of SR-60 from Ranch Road to 66 Ave.,from a four-lane rural roadway to a six lane controlled access divided urban facility, include new roadway, drainage, utilities, signalization/lighting and landscaping in Indian River County. Reference:Dale Walker, PE 772-201-8518 0712005-0112008: Project Administrator, FDOT D4, 1-95 Mobility 2000, Project 6, FM #231920-1-52-01. Reconstruction and widening 1-95 in West Palm Beach from six lanes to ten lanes for approximately 4.58 miles, Work included widening the existing bridge over SR 710, replacing the existing bridges over 45th Street and Blue Heron Blvd., and reconstructing the mainline ramps from North of Palm Beach Lakes to North of Blue Heron. Reference:Kim Gutierrez, PE,954-777-4660 0112004-0712005: Project Administrator, Turnpike Enterprise, Thomas B. Manuel Bridge Design/Build Contract. Project consisted of a new$28 million north bound bridge and a$6 million rehabilitation of the existing or south bound bridge(FM#404135- 2-62-01). Reference."William Sears. PE, 407-264-3998 I 04/2003-01/2004: Project Administrator, URS Corporation, FDOT, North Bridge Causeway, FM #23033415201, 40673215201. Rehab$7 million bascule bridge rehabilitation project. Reference:George Denmi, 772-489-7089 03/2002-04/2003:Project Engineer,URS Corporation,Royal Park Bridge Replacement,FM#229893-1,Bridge Replacement. The improvements on this $52 Million contract included twin-double leaf trunnion bascule bridges, nine spans of variable depth cast-in-place, post tensioned, segmental approaches. a pedestrian bridge and roadway reconstruction in a congested urban environment. Reference: 1mom Driscoll, 561-432-4966 ‘ _.... „. ENGINEERS • PLANNERS PROGRAM MANAGERS . ENVIRONMENTAL SCIENTISTS " co A 1"1 @ A 1 u�� m�* �� �� um �� i� N 8n0 n�� »�� �� �� �� 0— ���V ----- ---' --------- �w~ F�AN� Pace 2{d2 0512001-03/2002: Project Engineer, URS CoqpOmdVn, Atlantic Ave. Bridge, FM 422977216201. Bridge Project activities ino|odoS3 million bascule bridge rehab,Uationpno;eo•in Delray Beach FLRe�x�n���C�/ Scott,. � � Clara OS/ 2000-05/2001: Assistant Project Engineer, URS Corporation, Ocean Ave. Bridge, (SR'8048Vyuk)n Br.), FM # 22S0111S201.$25million bascule bridge replacement Reference, Clara Scutt 561 248-5586 1897-06/2000: Project Engineer, Yaskin EngineehnQ, Donald Ross Road Brid Replacement. Twin sin@|o |eadm||ing lift hydraulic bascule bridges over the Intracoastal Waterway in.uno Beach Reference:George Webb, Palm Beach County Engineer 1996-1997: Project Engineer, Eisman & Russo, Oakland Park Bridge Rehabilitation over the Intercoastal Waterway. Reference.Mrke Straw, FD07District 4Fro�cA���[mkx Project 1995-1996: Project Engineer, Law Engineering, Forest Hill Boulevard, Project activities include roadway widening and bridge replacement over I95 project. Reference Mark Croft PF 305470-5100 1989-1995: Construction Manager, Keith & Schnars, P.A., Replacement of the Northwest 27th Avenue Bridge over the Miami River,Twin double leaf hydraulic lift Bascule bridges with ramps and 2.5 miles of roadway widening and reconstruction 1878-1988: Construction Manager in the Land Development and Civil Division, Keith & Schnars, P.A. Responsibilities include construction observation and supervision thmf|rm's commercial office. residential and nthqrtyp8S of land development projects Also responsible for the construction inspection foi the Mizner Park infrastructure improvements that were a part OdBoca Ratons$52 Million downtown redevelopment program 19R8-1989 Prua�Administrato[ KundeSpmchorYaskin and Associate s, Palmetto Park Bascule Bridge Replacement. A twin single leaf hydraulic lift bascule bridges over the Intracoastal Waterway in Boca RaNn. Reference. Palm ()each County George Webb, County Engineer 1881-1986: Project Administrator, Kunde Sprecher Yaskin and Associates, McNab Road/NW 62nd Street connector, SR'' 7/OS'441foomMidd|oRivarCmna|\oSVV17UlStrool.ReAerenxa Bro ward County,Henry Cook, County Lngineer 1979-1981: P ject Administrator, Kunde Sprecher Yaskin and Associates, Re | \ofAndru s Ave. Bridge over the New River.Single leaf hydraulic lift Bascule Bridge over the New River in Ft Lauderdale Reference:EDO! District 4, Bob 7 arnska 1978-1979: Project Administrator, Kunde Sprecher Yaskin and Associates.Two miles of SW 64th Avenue through the Town of Davie with a bricge replacement over the Davie Canal Reference:Broward County Henry Cook, County Engineer 1977-1978:Sr.Roadway Inspector, Keith and Schnars, P.A.Assigned to the construction of two miles of Commercial Boulevard that included full CEI services 1972-1977: Broward County Board of County Commissioners, Survey Party Chief. Responsible for a four man survey onew! working directly under the County Surveyor Reference Broward County,Henry Cook, County Engineer | ` MOVABLE BRIDGE PROJECTS(Bridge Name/City/Yearfl'ype) North Bridge/Fort Pierce/2005/Rehab NW 27th Avenue/Miami/i 995/Replace Roya|ParkAA/est Pa|mBeach120041Replace Palmetto Park/BocaFaton/1989/Rep|ace Atlantic AmgnVe/Delno hah Camino Real/Boca Raton/1 998/Rehab Ocean Avenue/Boynton Beach!2002!Replaco Andrews Avenue/Fort Lauderdale/i 981/Replace Donald Ross/Juno Beach/2000/Repiace 11th Avenue/Fort Lauderdale/i 980/Rehab �| Oakland Pe�/Fn�Laudord�e/1997Rehab �� ENGINEERS ' PLANNERS ' PROGRAM MANAGERS • ENVIRONMENTAL SCIENTISTS JEFFREY LOVER CEI Inspector �� Mr. toyer is experienced in all aspects of highway and secondary roadway design and inspection 30 Years includin g new and reconstruction projects. His construction inspection experience includes roadway and sanitary/storm sewer construction, and field reviews during the construction of TECHNICAL COURSES projects in the post design phase of the contract.His experience also includes design and review of FDOT Drainage Design horizontal and vertical geometric alignments, utility coordination, certified traffic control, specifications, preparing and checking all final computations, pavement design and other tasks FDOT Traffic Control required to produce roadway plans to the client's standards and specifications. Plan Design FOOT Traffic PROJECTS Engineering Fundamentals Fairbanks Avenue,Winter Park FL,Construction Inspector. Project was the installation of a gravity FDOT Value Engineering sewer and force main within FOOT right-of-way along with service laterals to side streets,roadway milling and resurfacing, installation of traffic signal mast arms, street lights, pedestrian FDOT Project improvements, and signing and pavement markings. Responsible for the construction inspection Management Training and monitoring of the contractor's activities.Additional responsibilities included coordinating site Modules I-IV activities, monitoring the contractor's traffic control measures, preparation of inspection reports, FDOT Trns*port and attending project construction meetings. FOOT Specification Hopewell Township Road Program, Hopewell PA, Designer and inspector for the township's Package annual road program. Duties included review of shop drawings,final estimates,field inspection of Institute of paving,storm and sanitary sewer construction and traffic control. Transportation McKees Rocks Borough Road Program, McKees Rocks PA. Designer and Inspector for the Engineering—Planning Borough's annual road program. Duties included review of shop drawings, final estimates, field and Design of Freeways inspection of paving,storm and sanitary sewer construction and traffic control. and Interchanges Collier Township Road Program, McKees Rocks PA. Designer and Inspector for the Township's MicroStation/GEOPAK annual road program. Duties included review of shop drawings,final estimates,field inspection of paving,storm and sanitary sewer construction and traffic control. CERTIFICATIONS/ QUALIFICATIONS Chickasaw Trail from Florida Hospital/Wal-Mart Driveway to Winter Song Drive, OOCEA. Field RELEVANT TO RFP Review and Inspection for the widening of Chickasaw Trail over SR 408, from 2 to 4-lanes with a CTQP Earthwork turn lane and new braided access ramp bridges from SR 408 EB to Chickasaw Trail and from Construction Inspection Chickasaw Trail to WB SR 408. Level 1 SR 429/CR 437A Interchange, OOCEA. Field Review and Inspection for construction of a new CTQP Earthwork diamond interchange with full access in both directions for CR 437A to and from SR429, and with Construction Inspection full provision for future toll plazas on the ramps to the north. Responsibilities included review of Level 2 shop drawings,preparation of RFI responses,final inspection,and review of final record drawings. Advanced Traffic Control Plan Design SR 44, Lake County, Florida DOT District 5. Field Review and Inspection for the 4-lane urban and rural roadway, including traffic control, erosion control, signing and pavement markings, and AASHTO Roadside quantities. Design Nuclear Gauge Safety US 192,Osceola County, Florida DOT District 5, Field Review and Inspection for the 6-lane rural roadway, including traffic control, signing and pavement markings, utility relocation, and Hazmat Certification quantities. South Access Road, Orlando international Airport. Field Review and Inspection for the 1.5-mile widening of the South Access Road from a 2-lane to a 4-lane roadway. McCulloch Road at North Tanner Road, Orange County FL Field Review and Inspection for construction of intersection widening and replacement of traffic signals. CONRAD DUNCAN CEI Inspector Mr. Duncan's experience is in construction management/administration on civil engineering ,;lijillmaiim projects such as highway, bridge, retaining walls, land development, storm water drainage systems, and rail facilities and has a thorough understanding of construction progress planning 37 Years and scheduling. He also has an extensive background in surveying, including construction surveying,survey acquisitions, and slope staking,right-of-way,and road alignments.Some of Mr. EDUCATION Duncan's construction safety training courses completed include CPR,confined space,scaffolding, B.S.Civil Engineering, excavation and trench safety. University of Guyana 1976 PROJECTS Program Management Services for Seminole County. Construction Manager. Responsible for design review, bidding and administering the construction phase from preconstruction through CERTIFICATIONS/ post construction. Projects costs ranged from$1.7 M to$10 M and included Phase 1 residential QUALIFICATIONS RELEVANT reclaimed water main retrofit,Heathrow Boulevard reclaimed water main,and Orange Boulevard To RFP utility adjustments and roadway Improvements. Projects provided reclaimed water services for CTQP Asphalt Paving irrigation and widening,milling and resurfacing of roadways. Technician Level 1 Cingular UMTS Upgrade, Las Vegas, Nevada and Cingular GSM Upgrade, Knoxville TN. Construction Manager.Responsible for scheduling contractors to perform site improvement work CTQP Asphalt Paving in accordance with client's requirements. Work included moving utility existing cabinets and Technician Level 2 installing new utility cabinets with minimal disruption to existing service. CTQP QC Manager Wireless Turnkey Projects with Sprint,AT&T and Tmobile.Construction Manager responsible for construction activities at 84 sites.Work included monitoring sites with executed leases,reviewing CTQP Final Estimates drawings and bid documents, recommending contractors, construction scheduling and Level 1 coordination with suppliers and utility companies. Wireless Turnkey Projects with Ailtel, Construction Manager and Architectural and Engineering CTQP Final Estimates Coordinator to construct a number of wireless telecommunication sites. Level 2 Bridge Retrofit Projects, San Diego CA. Caitrans District 11 and 59. Structural Representative Florida Advanced responsible for the contract administration of 11 bridge retrofit projects. Work included Training—The American construction inspection, review of shop drawings and shoring plans and coordinating inspection Traffic Safety Services activities.Construction cost$15,000,000. Association SR 94 Bridge and Double Tracking/La Mesa Curve Straightening, Metropolitan Transit Development Board,San Diego CA. Resident Engineer responsible for the administration of the construction activities for 1-mile of railroad track, 320' railroad bridge, appurtenant facilities, demolition of an existing bridge and the construction of a 2-span box girder railroad bridge across SR-94.Construction cost$10,000,000. Route 105 and Route 710 Interchange, Los Angeles County CA. Caitrans District 7. Assistant Resident Engineer responsible for checking the existing electrical pull boxes and conductors in pull boxes for conformity with specifications and ensuring that work complied with specifications,and preparing EWFA diaries for electrical change orders. 40`h Street, Interstate 15 and Highway 15, Caitrans District 11, California. Assistant Resident Engineer responsible for the construction supervision for the installation of a 60"diameter water line, drainage structure, sewer lines, manholes, roadway excavation, placement of asphalt concrete base, storm water runoff and pollution control plan, and sign structures. Construction cost$8,000,000, Interstate 5 Reconstruction,Caitrans District 12,California. Assistant Resident Engineer for the widening between Route 405 and Route 55 to facilitate HOV lanes. Responsibilities included supervising the construction of underground reinforced concrete box culvert using slip forms, drainage structures,sewer lines,roadway excavation,subgrade,relocation of water mains, traffic control/detouring, signage and lighting. Also prepared quantity calculations for progress payments and change orders.Construction cost$15,000,000. lip" _ _ 4. List ��� Individuals v� N�m�o�N�� of �� � ��� Subconsultants CPH Team Members Name Title Years of Education/Licenses E»"' � Stephen 17 B.S.in Environmental Engineering, University of Central Florida with Romano,RE. Charge Honors,Professional Engineer—FL(Nn.57579 David A. Project 32 B.S. in Civil Engineering, University of Central Florida, MS.in Civil Terwilleger,P.E. Manager/ EoOinoehng, University of Central Florida,Graduate work in Structural Project and Geotechnical Engineering, Professional Engineer FL(No. 34376), Engineer Certified General Contractor-FL(No.031751),Advanced Maintenance of Traffic,CTQP QC Manager,Critical Structures Construction Issues Course Certification of Course Completion CTQP Final Estimates Level I,CTQP Final Estimates-Level II Clint T. lannotti Project 16 Architectural/Structural AutoCAD Diploma, St.Augustine Technical Administrator Center, CTQP Final Estimates-Level I,CTQP Final Estimates Level II, Advanced Maintenance of Traffic, intermediate Maintenance of Traffic, Florida S0nnnwatsr. Erosion,and Sedimentation Control Training and Certification Program for Inspectors arid Contractors, Critical Structures Construction Issues Course,Certifioahonof Course Completion CTQP QC Manager Sabah P.Blaney CEI Senior 43 M.S.E,inCivil Engineering, Post Graduate in Foundation Engineering, Inspector Prnfexeinna|Enginoor—UK Construction—FL(No C8 CO 43601) Qualified Stormwater Inspector Advanced MOT David J.Morris, CEI Senior 7 BS. Environmental Engineering, University of Central Florida Jr, E1' LEEDAP Inspector A.A.,Brevard Community College Engineer-In-Training, LEED Accredited Professional Kurt R.Luman^Jr.. Project 15 B,S,in Civil Engineering, University of Central Florida P.E. Engineer/MOT Professional Engineer—FL(No 65036) Advanced Maintenance of Traffic Denise Fordham CEI 13 B.S.in Child Development, Florida State University Compliance Specialist David E.Mahler, QA/QC 23 B.S.Environmental Engineering, University of Central Florida P.E. Professional Engineer—FL(No.5O041) David A.Gierach, QA/QC 30 B.S.in Environmental Engineering,University of Florida P.E.'CGC Pmfessiona|Enylneer—FL(No 38642) ` General Contractor License—FL(Nn.DGO7OS) • Subconsultants Terracon 1675 Lee Road lerracon Winter Park, FL 32789 Phone: 407.740.6110 Fax:407.740.6112 Services to be provided: Materials Testing/LIMS Terracon is a dynamic and growing consulting firm providing multiple related service lines to clients at local, regional, and national levels. Our services are delivered on a timely basis with consistently high value and attention to client needs.Services include: • Geotechnical • Environmental • Construction Materials • Facilities Since 1965, our employee-owned firm has provided tailored services to meet our clients' objectives. We help our clients succeed in their business ventures by effectively executing projects, controlling costs, and managing risk. Our clients appreciate this approach, and they know that we intend to be with them for the long term. Terracon provides services on thousands of projects each year. Our culture, systems, and structure enable us to excel at both small and large projects. By combining our national resources with specific local area expertise, we consistently overcome obstacles and deliver the results our clients expect. Whether you do business down the street or across the country, we offer a variety of related services through a nationwide network of offices to meet your single- or multi-site needs. Our responsiveness, high quality deliverables, practical solutions, and competitive fees afford clients with an easier way of doing business that saves time and money. Name Title Years of Education/Licenses Ex 4. Linda Ellis Technician 17 CTQP Asphalt Paving Technician-Levels D`&2 CPN Nuclear Density Gauge Certified CTQP Asphalt Plant Technician-Level 1 CTQP Earthwork Construction Inspector-Levels 1 &2 FDOT Pile Driving Installation Inspection Kerry Hubert Technician 5 J.Y.C.S. High School,Jeffersonville, New York, 1980 CTQP Concrete Field Inspector CTQP Asphalt Plant Technician-Levels 1 &2 CTQP Asphalt Paving Technician- Level 1 &2 CTQP Paving Level 2 Intermediate Maintenance of Traffic The Corradino Group, Inc. ; ' THE 4055 NW 97th Avenue, 2nd Floor £ORRADI NO Miami, FL 33178 GROUP Phone: 305.594.0735 ext. 1400 Fax: 305.594.0755 ENGINEERS-PLANNERS-PRGGRA MANAGERS•EWIRONMENTALSCIENTISTS Services to be provided: Minor Bridge and Structures Support Established in 1970, The Corradino Group focuses on professionalism, responsiveness, and commitment. Every engineering, planning, infrastructure, and environmental project is approached with services to fit the clients' individual needs. Corradino is proud of its reputation as a "can-do" organization that provides clients with quality products on time and within budget. The Corradino Group bases its practices on an in-depth understanding of the professional disciplines associated with community and infrastructure development. Based on this foundation, each member of the firm makes a singular commitment toward understanding, analyzing, and solving the challenges that municipalities,agencies,and private sector clients face every day. A highly skilled, multi-disciplinary team of professionals attends to each project, providing practical and implementable solutions. In the spirit of partnership, our clients are always kept well informed as each effort is undertaken. Years of EducationfLicenses Ex Franke White Project 34 A.S.in Contracting/Civil Engineering, Broward College Administrator Licensed General Contractor- FL QUALIFICATIONS/CERTIFICATIONS CTQP#W30027249 QC Manager Course/Exam Nuclear Gauge Safety MOT-Intermediate Final Estimates 1 & II CTQP Grouting Video Tutorial DCE Critical Structures Brindley Pieters & Associates, Inc. 2600 Maitland Center Pkwy,Suite 180 Maitland, FL 32751 Phone: 407.830.8700 Fax:407.830.8877 Services to be provided:CEI Support Bnndley Pietas&Asscxiates, Inc. Brindley Pieters&Associates, Inc, (BPA)is a certified minority owned business with an office in Atlanta, Georgia, and in Florida BPA has offices in Maitland, Deland, and Miami. Since 1991, BPA has been providing design and program and construction management services to municipal, state and federal clients in the utility,civil,structural,airport, and transportation engineering fields. BPA's staff of professionals includes registered professional engineers trained in civil, structural, drainage, and transportation disciplines, construction management and cost estimating, CAD/technical specialists, and administrative personnel. The staff remains highly committed and responsive to the corporate distinction to ensure quality and client satisfaction. BPA maintains in-house state of the art engineering and computer management programs to facilitate quick and efficient client services. R Title Years of EducationfLicenses Ex.. Jeffrey Loyer CEI 30 FDOT Drainage Design,FDOT Traffic Control Plan Design, FDOT Traffic Engineering Fundamentals, FDOT Value Engineering, FDOT Project Management Training Modules I-IV, FDOT Tms*port,FDOT Specification Package, Institute of Transportation Engineering—Planning and Design of Freeways and Interchanges, MicroStationfGEOPAK, CTQP Earthwork Construction Inspection-Level 1, CTQP Earthwork Construction Inspection-Level 2,Advanced Traffic Control Plan Design, AASHTO Roadside Design,Nuclear Gauge Safety,Hazmat Certification Conrad Duncan CEI 37 B.S. Civil Engineering, University of Guyana, CTQP Asphalt Paving Technician Level 1,CTQP Asphalt Paving Technician Level 2,CTQP QC Manager, CTQP Final Estimates Level 1, CTQP Final Estimates Level 2, Florida Advanced Training—The American Traffic Safety Services Association S. Summary of Workload & Performance Capability CPH has reviewed the scope of services and has developed ideas for staffing the projects. CPH and our subconsultants have the personnel and resources immediately available to carry the CEI to successful completion.The firm's DeLand office can provide approximately 2,700 manhours per month and CPH's corporate monthly availability is approximately 56,000 manhours a month. The CPH DeLand office has more than adequate personnel and availability to provide the services to the City of Edgewater. Methods and Controls to be Utilized to Balance and Maintain Quality,Schedule,and Budget CPH is uniquely qualified to provide design services for the City of Edgewater. The team located in our DeLand office includes engineers, designers, surveyors, environmental scientists and administrative personnel. CPH is currently finishing design services for other clients, but is actively seeking work for our DeLand staff. As a result, our staff is available and has the capacity to perform projects as they are assigned. CPH is committed to meeting budget and schedule requirements. CPH has developed a reputation for cost effective, quality-engineering services through a philosophy of strong project management. Operating under aggressive deadlines and close coordination with City Staff, we commit to manage each work assignment under this contract based upon the following philosophies: • By proposing a Project Manager/Project Engineer with experience working in the City of Edgewater • Frequently involve City staff in meetings to expedite decision-making. • Utilize e-mail and short memoranda to document progress of construction. Report status of the budget on a monthly basis in report form to City Staff. • Prepare and distribute a Project Specific Workplan which details the following: o What is to be done—Define a scope of services by bringing in the stakeholders up front to discuss the project goals and objectives. o Who is going to do it—Monitor staffing usage, needs and expenditures bi-weekly through our accounting software. o When will it be done—Maintain the Project Schedule using Microsoft Project software for scheduling and tracking. o How much will it cost — Monitor the estimated construction cost using trend reports prepared monthly and based on the most up-to-date data available from published prices and any known quantity revisions for the past month. o How it will be controlled — CPH will strive to provide quality service within the project schedule and require Quality Assurance/Quality Control (QA/QC) procedures to be identified in the initial internal project kick-off meeting. Time for QA/QC is incorporated into the project schedule,therefore,will not delay project milestones. CPH has developed an extensive QA/QC procedure and incorporates it into each of its projects to ensure client satisfaction. ,s0 Corporate Workload/Availability The current and projected workload of our 3,500,000 team is such that we can provide 3,000,000 responsive service to the City of Edgewater. We are well-staffed, equipped 2,500,000 with our nearby location, and believe that 2,000,000 we and our team members can provide a 1 500 000 high quality, professional service to the City that is completely responsive and cost 1,000,000 effective. The graph below depicts our 500,000 current contracted backlog with no consideration for any additional work.The current workload will spread over 18 months. Our current production capability is $3,000,000 per month. With that capacity, there are more than adequate personnel hours to cover the workload. Staffing Availability Matrix The team proposed to provide services to the City of Edgewater has adequate time available to dedicate to the successful completion of the CEI Services for the S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater(10th Street). Stephen N.Romano,P.E. 11111111111111111111111111111111111191 David A.Terwilleger,P.E. Clint T.lannotti Sabah P.Blaney Current Availability ',- David J.Morris,Jr.,E.I.,LEED AP N Availability in 6 Months 111111111111111111111111111111.1111111 a Availability in 12 Months Kurt R.Luman,Jr.,P.E. mosumainimmini Denise Fordham 11111111111111011111111191111 David E.Mahler,P.E. 11111111111111111111111111111111 David A.Gierach,P.E.,CGC 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% s : d KR« • le ff impowommor."' 10/4- 4.414 a:• ittee Capabilities CPH prides itself in its capability to "provide quality and innovation for design and construction." In every aspect of the business, CPH takes pride in providing timely, cost effective and appropriate engineering services to support its clients and help them achieve their objectives. Known as a leading multi-disciplinary consulting engineering firm,CPH provides services in the following areas: • • Construction Engineering and Inspection/Construction Management • Master Planning • Engineering Services(Civil and Utilities) • Architectural Services/Landscape Architecture • Water/Wastewater/Reclaimed/Stormwater Systems • Hydraulics and hydrology • Environmental Sciences • Transportation engineering including traffic planning and design • Land Planning/Zoning • Surveying& Mapping • Other related fields The Firm has been providing services in the area since the 1960's and the Firm has been established since 1981 as a privately-owned Florida Corporation. In keeping with the company's philosophy to assure responsive and cost effective service, CPH has grown with branch offices housing approximately 210 employees in Florida, Connecticut, Maryland, Texas and Puerto Rico with the firm's Corporate Headquarters located in Sanford, Florida. CPH's commitment to providing the highest level of service in an affordable manner has been achieved through emphasis on personalized services and direct involvement of top level CPH personnel, especially the owners of the corporation. We have worked with many of our clients for 30+ years. These long term relationships have afforded us many opportunities to meet our client's needs and perform municipal engineering services. 6 _ , .__,_ ,..,,_,_ ...,.. _ ...,„ ... _ ., _____ ' Unmatched As you will see in our qualifications, our team and firm stand out as a clear 0,101: choice for the City of Edgewater. Our t, 1(. team is focused on fostering a long term relationship with the City and acting as responsible stewards of the Quality community's vision and capital plan. 4 Past Record/Experience We understand the City is looking CEI services for the S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater(10th Street). The CPH team is currently providing CEI services on LAP projects and has also recently completed similar CEI projects. The team understands the requirements of the LAP program and has extensive construction experience as required to ensure the City gets a quality project and satisfies the FDOT LAP requirements. The team is qualified to monitor the contractors work, ensure compliance with the plans and specifications, ensure compliance with EEO requirements, review required EEO documentation, and assemble and prepare the documentation required for the FDOT LAP reimbursements. The following matrix highlights some of CPH recent FDOT LAP and CEI relevant experience. CPH has been providing consulting engineering and inspection services for over 30 years. ,c Yows0100,4,p', .',. Ike,50i 0 At;f1A-';'.,=,.. 1(5 0 ''';,tVA*.:-"t'444:010°4:'•'=';'''''''?.t).:' f. 2 iii,-,,:;':i:.;:,,,,; 2, A la PV4 .;. ..g, 0 < A. 0- A. it f . 1 CU) Tenth Street,Volusia County • , ....., • : • • • V.(PC,i( • , i DiaLand-SR 44 Streetscape CH • i*.r„ .',,,,„ • • P(T4114.4., f, (..-:=434, US 171.92&HighlAnks Road Interset.l,(41 Improvement,'CE I • pvtiii?'4 • !,,,:oatz Alabama Avenue Greenway Trail ".-';Fir • • :1,741P S'i:f. • • • • • 'iga<Vtv: MIN US 17192&Cotomba Road Emergency Traffic Signal CEI • ficiiil • .1-.....f„ SR 421(Dunlawton)&Spruce Creek in°,...r,ectiet. Reclit'4, Att77 trriprovertients/Box Culvert Extension CE/ 0 komirict— • • 91\1 Seminole Wekiva Trail Phase IV '': • JP • . ttff,'' 0 .---f-,- US 171'92 RNA.'*an(Phase II Nkilh-Li..-Path ; • ' • ' 0 0 . 0 tlf,11454 0 Palm Coast-Whiteview Trail • , • '' • . • 0 ft,y44, • ,,.. :,;,-: Cw.7,7-7,- Palm Coast-Belle Terre Trail • % • ' • t,,,,,,247t':. • ttitiii6 • r:07'% 0 Palm Coast -East Hampton Trail 4. ; 41 al ;%44 • 41 ?, 1, New Smyrna Beach SR 44 GatewayS' ,,••' -.' : is • -.(.4..".14. • • • ',..„...4:04 • L..,,,....41°: ' . ... Orlando-Shingle Creek Trail * -,,;,. • t';(0 • 0 • • • „ ,:, ,, Rhode Island Avenue • • PiC17 • • • • ,,,....„,,Y,....-- St.Johns Parkway(Phases I,II,&B, • • III • • • * .,„„..=:,,'....1.,.,.!,-,!- Belie Terre Parkway Four-lanimi • 54S'f;'''''?: • '11kV*;., • • o • • ,„e,„.41,, ...-..., t4‹, Palm Coast Roadway Network • ini°4;f? • 111711: • 41 41 41 41 Easthampton Boulevard Parkway 0 ' Ravenwood Drive/Mute view Parkway • •, • CI II,,, • • • e ‘ • ,,,,, ., • `0' • WI • 0 a ' 'i- • rewgz,.....,,. 6// v kbor Minority Business Enterprise CPH is committed to meeting or exceeding the OBE and/or M/WBE participation goals for this project. CPH has established working relationships with many minority firms in the area. We have included DBE/MBE firm Brindley Pieters&Associates on the team to provide CEI Support. Commitment To Diversity Among The Firm CPH has a culturally and ethnically diverse workplace from it owners to employees. CPH employs a workforce that is reflective of many nationalities and cultures. We have established programs and policies for recruiting and retaining minority and women engineers and staff, and strongly encourage all of our employees to become involved in our communities. It is the policy of CPH to provide equal employment opportunity at all times in all actions related to employment without regard to race, color, religion, gender, citizenship status, age, national origin, disability, veteran status, sexual orientation, or any other status protected by state or federal law. This policy applies to recruiting, hiring, training, promotion, evaluation, termination, compensation, benefits eligibility, working conditions and all other aspects of employment. The Firm supports a policy of actively recruiting and retaining a diverse workforce to support both our Equal Employment Opportunity Policy and our business objective to provide the highest quality service possible. CPH is committed to fostering an inclusive atmosphere that seeks actively to employ people of diverse backgrounds at all levels of the Company including top management and ownership. 6. Project Performance The CPH team is extremely well qualified to provide services to the City of Edgewater. The team has provided CEI services for numerous similar size Clients in the Central Florida area. As a result the team understands the need to provide quality responsive services and is staffed to provide services for planned tasks as well as un-planned emergencies. The CPH team is a clear choice for the City and will bring the same level of quality and professionalism as we have provided to other clients to the City of Edgewater's project. CPH is uniquely qualified to provide these services as a result of the staffing capacity of the firm. The CPH team monitors schedules and budgets through various project managements and scheduling software including time management software that gives our project managers access to real-time project charges and budget comparisons. As a result of the wealth of knowledge and staffing at the firm, the team is able to pull additional help to ensure the services are provided in a timely manner in the event additional help is needed to stay on schedule. This level of staffing also includes general contractors and estimators. CPH has recently completed numerous FOOT LAP projects in FDOT District 5 and the CPH team is familiar with the LAP process and local District staff. Our personnel are familiar with CPAM, have provided Final Estimates, provided Resident Compliance Services, conducted Pre-Construction and EEO meetings, reviewed the Contractors Erosion Control Plans and implementation, reviewed construction IV schedules, responded to RFI's, addressed Change Orders, monitored construction for contract compliance, reviewed pay requests,and provided all required documentation as required by FDOT for reimbursement under the LAP agreement and for close out of the project. • COON.ITII: 4C9*0*0* ACORD. 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VgOvU+MW,WRA MA.t� Otk :�.xrvu r..Uk+l]i ,.,''''e.,,,,,,..,221.41-1117 .Ea 'sM.+af LRHEEN 00 0 0 •••p•Mx<.MM MMAaA4 M...IA 4044 M.wMM0,40 0000. .14:•••RU MEAxM:CAR*w2 .1011 WO Won Allow alma SAN.,ft ISMS ' COMFIMOTA CSRSACATE 00lESS4 SENA•41 OORISEM 3. wMVeU!MOW✓.AZ.w. INS ..":04.10 rtJFMISKT W1.T""""L".1 tEnM M of v"'""""*e 4iY i A¢4SD 9R Iry 100144.M R rMJEtT W Wi M 1444 C�i�bKO'�Mtcvlea,pats.sV1'e. �f puhMi�ASeAM v I c -.*4444 ex= ".,..4.?......'-7-....,....n2:24. ..-0000. 0000. .499aV..t...et ,•� ■ :.M.wM.EUM.MUnrar .r.M.sr.wn..w•t 0000._ 11.1:.1 'al .u< ......:...._._,...,cAR.R1Mrtt AsotakatoasoloossA i MMYW .. tt+wtn K;1w r�,;a rTrn'0f.n . '.re6w..a�k.e a•a v 0000 4IMM43_ :m1, : A94l4*M 01914* 1a MaM.°'_ _.«.........._........£aig .1....AYAMNtT - AEI.s0. 2,30,3* CSMRICAS'S ROSSER ___„.... CAACSiIAMN • r*4.0.S.M UDS SMMSO rots.N SU V MA60 MAMA nOn WM 11617160. WI..1 U AAM+a!M A.s4nbt A*on P4+9m+s NSA wiw MSMCtfwnM.w. 4*1444 A.J4.k*wt A1E600 91MS0 000400RC CORYOSATOA.AN As.... .:.R. 4000 SS*04044.** 114 0.4+390+0+..A*A 1>1w AA sp...mw4.W ACCORD ,. ,,,, „ G . la.. . .„. 4,,, Projects 1/4.ii.o ..,,,„, . 8 0 ,..,::,...., . ,...,,, • CPH has considerable experience in providing CEI „. . ' - services to clients for extremely similar projects. We - ' ''''86111161'''... • ' : have provided a list below of the clients and recent projects and detailed descriptions on the following ‘4C:41,:::'''L:: :,-,:'.•S'I,7r''''''' ***'44;::•'":..' pages of the bolded projects below. - .',---- -.,,,,,tf . , '. ,..,,,,.,,, • , -,,,. .ve•-•'N1).',':,,,;:i.:-,: "•%-,4*P.• City of DeBary • Highbanks Road at US 17/92 • Colombo Road and US 17/92 Emergency Traffic :„....:„........ Signal .. . .„..„ . ...._ _. ..„ ... ...„ , .„ .. .. ............,....„.. ...,..., .......„.„......, .. ....,...........„. ... .„..............„. ......„„„.....„ • Highbanks Road Sidewalk Widening Project ..,-.......„ - .. ...„.„....; City of Port Orange • _ „.. :. .......... ,„,,.... - -• - ...........,.: ----,-- - ,,,, ... ,. .„,... .... , ,,„, mw-,44,,.0,,,,,,,,,, • -.:. .......„... • Spruce Creek Rd. and SR 421 (Dunlawton Ave.) Intersection Improvements Project City of Deland .4,:giiimp.- ,,,,,;..•..g{::,;,,,,,-;,k,40:;..;:-,;;,.:,: ::::-:-7:-:y.• • SR 44(New York Avenue)Streetscape improvement Project • Woodland Boulevard (US 17/92) - ' , • Alabama Avenue Greenway Phase 1 & 2 ... ,. City of Lake Mary ..,;--.., •.- •••.--,. ....,t :5.-. 44-, • Construction Engineering inspection Rinehart 0 ... .*.,.. Road Widening 7*, lio• :°:..:i.:„4,:•/.'0'..,:,, ,,'...:: .„:' • '... -tt ' Seminole County _ .,. . . . , .. . . r, 4.`". '''' ' '''',"--:',•'-:-- ' -.4* •. ., .., ., • Construction Engineering Inspection- Lake Emma Road i - ..,..- ,..,, . - 4.: City of Sanford :. . . .. - , ', .-.,:. 4 -,,,,,, -4 • .., :,..,,,,, ,..y ...... 0 nstruct 0 . C ion Engineering inspection Rinehart .., ,.:: • - '111, •••• lila Road Widening .,.•:. -...-- 1 ., • St.Johns Parkway . . ''' . -- City of Winter Springs 1 • . 41 ,,y., 1 ' ,.1"-- •* Tuskawilla Towne Center Roadway • Improvements „,„,.. .„. ...... • Magnolia Square „ ....—.--.:.:.:...........,...,,,s,„,_„....„. ,...... ..... . ...„...,.... City of Palm Coast - '. . :..... .. , , , ,-..., :- --..,........... _..... . . ...... ,. ., ....,,,„ . ., _.....„ .... . :,„....,............. ...„ ,... • • • ,........„..,„.. . .., . .. ..................„...„ . ..-.: •__-_,- - ,...,,••• • • Palm Coast Roadway Network ,;r,:z.:40E•tv.s.---, • • Belle Terre Parkway Four-Laning ...,.•• • Whiteview Trail (LAP) .. ... , - -- ' ' ''''' ver, ' '''''''''• ''''' • Belle Terre Trail (LAP) ..._ .„,. • East Hampton Trail (LAP) ..=,- City of Oviedo - . ' • SR 426 Utility Relocation Project HIGHBANKS ROAD SIDEWALK WIDENING PROJECT CPH provided construction, engineering and inspection services for the Highbanks Road Sidewalk Widening project for the City - � *dDe8ary. Local Agency Program (LAP) funding was provided and EEO and other Federal Reporting was required. The project | included the demolition of existing sidewalk an d the ~�� ! construction of approximately 3,000 square yards of new 8 foot wide concerete sidewalk along with pedestrian crossings, and new driveway construction and drainage improvements. Client Contact: City of DeBary, Ms. Kassandra Blissett, Assistant City Manager, 16 Colomba Road, DeBary' FL3Z713, Phone: 386.GG8.2O4O' E-KAai|: kblissett@debary.org HIGHBANKS ROAD AT US 17/92- CITY OF DEBARY CPH provided construction engineering and inspection services for the Highbanks Road at US 17/92 intersection improvements ° project. Local Agency Program (U\P)funding was provided and EEO and other Federal Reporting was required. The project included extensive MOT to accomplish turn lane construction, replacement and upgrading of traffic signals, water and forcemain construction, storm sewer construction and coordination with private property owners along with improvements to adjacent private parking lots and entrances due to the construction. Four drilled shafts were installed for the traffic signal construction and all testing was entered into the FDOT LIMS system since this was also an FDOT on system project. Client Contact: City of DeBary, Ms. Kassandra Blissett, Assistant City Manager, 16 Colomba Road, DeBary, FL 32713, Phone:386.668.2040, E-Mail: kblissett@debary.org SPRUCE CREEK RD. AND SR 421 (DUNLAWTON ... ' AVE.) INTERSECTION IMPROVEMENTS PROJECT CPH provided construction engineering and inspection services for the intersection improvements project. Local Agency (LAP) Funding was provided and EEO and other Federal Reporting was required. The project included extensive MOT to accomplish ti turn lane construction, major drainage improvements including box culvert and headwall construction, guardrail construction, and storm sewer construction. Bypass pumping of a major drainage canal was required to accomplish the box culvert and head wall construction. All material testing was entered into the FOOT LIMS system since this was an FOOT on system project. Client Contact: City of Port Orange, Ms. Margaret Momberger, RLA, Senior Planner, Phone: 386,506.5661, E-Mail: mmomberger@port-orange.org COLOMBA ROAD AND US 17/92 EMERGENCY . : TRAFFIC SIGNAL CPH provided construction engineering and inspection services =a for the emergency traffic signal project. Local Agency Program (LAP) funding was provided and EEO and other Federal Reporting was required. The project involved the construction • ', ` ' °`", of an emergency traffic signal for the Fire Station and included two drilled shafts for mast arm construction. ` � GIs i 20f. � � ����, �.;�,-. Client Contact: City of DeBary, Ms. Kassandra Blissett, Assistant City Manager, 16 Columba Road, DeBary, FL 32713, Phone:386.668.2040, E-Mail: kblissett @debary.org SR 44 (NEW YORK AVENUE) STREETSCAPE IMPROVEMENT PROJECT CPH is currently providing construction engineering and inspection services for the SR 44 (New York Avenue) Streetscape Improvement Project. Local Agency Program (LAP) Funding is being provided and EEO and other Federal Reporting is required. The project includes removal and reconstruction of sidewalks in a heavily traveled commercial corridor and includes extensive landscape and irrigation along with planters, pavers, crosswalks and other amenities. Coordination with private and public utilities is also required. All testing is to be entered into the FOOT LIMS system since this is an FOOT on-system project. Client Contact: City of DeLand, Mr. Keith Riger, P.E., City Engineer, 1102 S. Garfield Ave., DeLand, FL 32724, Phone:386.626.7196, Fax: 386.736.5366 0 CONSTRUCTION ENGINEERING INSPECTION RINEHART ROAD WIDENING CPH provided construction engineering and inspection services for the widening of Rinehart Road from Lake Mary Boulevard to C.R. 46A (approximately 23 miles). Construction included expanding the existing 2-lanes to 4- lanes, signalization, and landscaping/irrigation. Traffic signal construction as included for 7 intersections with fiber optic lines and mast arm with drilled shafts for the signal foundations. Coordination with FPL was required for underground construction of some electrical distribution lines along with some other private utilities. The project also included approximately 5,100 l.f. of 20" diameter water main, 6,800 I.f. of 12" diameter water main, and approximately 5,500 I.f. of 12" reclaimed water line and two 36" bore and jack crossings of Interstate 4. The firm provided full time administration and inspection personnel for the project. CPH also provided bidding services, and constructability review. The firm was responsible for the preparation of record drawings and post design services related to stormwater system design modifications.The project also included designs and CEI services for the Florida National Scenic Trail and trailhead at the Rinehart/ Lake Mary Boulevard intersection. 0 Client Contact: City of Lake Mary, Ms. Jackie Soya, City Manager, 100 North Country Club Road, Lake Mary, FL 32795, Phone:407.585.1419, Fax:407.324.3098, E-Mail:JSova @lakemaryfl.com i* `` '= CONSTRUCTION ENGINEERING INSPECTION - \,,, LAKE EMMA ROAD CPH provided construction engineering and inspection services for the Lake Emma Road from the Lake Mary Center to Sand Pond Road Project for Seminole County. The project entailed the conversion of Lake Emma Road from a 4-lane rural road section to a 4-lane urban road section with the construction of curb and gutter and a storm sewer system and other safety improvements. Included with the construction were the addition of 4' bike lanes and a 5' concrete sidewalk on the east _. side of the roadway. This project also included the removal of a right-turn lane and the construction of a northbound right-turn lane at the intersection of Lake Emma Road and Greenwood Boulevard. Client Contact: Seminole County, Mr. Jeff Thompson, Sr. Engineer, P.O. Box 8080, Sanford, FL 32771 Phone:407.321.1130 Ce I ST. JOHNS PARKWAY St. Johns Parkway, Phase 1 - Sanford, Florida — Phase 1 of this project consisted of widening existing Jewett Lane (renamed St. Johns Parkway) from the Smith Canal to approximately 400-ft west of Meisch Road, resulting in 1,650 IF of a new three lane road. Major construction items included construction of a 28-ft span x 7-ft rise x 72-ft long concrete arch culvert and wingwalls 4r' at the canal, curb and gutter, sidewalk, guardrail, aluminum handrail, and storm sewer (ranging in size from 15" to 48"x72"). Utilities construction will consist of approximately 1,750 I.f of new 12" water main and 1,900 If. of new 8" reclaimed water main. Phase 3 of this project consisted of the construction of approximately 2,800 If. of a new four-lane divided roadway between Rinehart Road and Upsala Road. Also included was construction of 3 stormwater ponds, clearing, grubbing, and grading approximately 25 acres of undeveloped land adjacent to the right-of-way, sidewalk, storm pipe (18"-60", 48"x76"), relocation and construction of a total of 2,360 U. (6"-16") of water main, reclaimed water main, force main, turn lane construction on Rinehart Road, modification of existing traffic signals, landscaping,and irrigation. Client Contact: City of Sanford, Mr. Paul Moore, Utility Director, P.E., 300 N. Park Ave, Sanford, FL 32771, Phone:407.688.5106, Fax:407.330.5679, E-Mail: moorep @sanfordfl.gov TUSKAWILLA TOWNE CENTER ROADWAY IMPROVEMENTS (DESIGN AND C.E.I. SERVICES) .., CPH provided engineering services for Hickory Grove Park Road and Tuskawilla Road (Main Street) roadway improvements for the , us' 4 City of Winter Springs Town Center Project, consisting of � improvements for reconstruction of Tuskawilla Road from SR 434 north to Orange Avenue, and installation of Hickory Grove Park "g° Road from Tuskawilla Road (Main Street) west to SR 434. Services included:engineering services, inclusive of data collection/analysis, preparation of preliminary drawings, and presentation to the City Commission. Services also included preparation of final engineering plans; preparation of opinion of probable construction cost; permitting services, inclusive of assisting the owner with SJRWMD and FDOT permit applications; bidding services; landscape design services; construction oversight and administration services. Client Contact: City of Winter Springs, Mr. Kipton Lockcuff, P.E., Public Works Director, 1126 East SR 434, Winter Springs, FL 32708, Phone: 407.327.5989, Fax: 407.327.6695, E-Mail: klockcuff @winterspringsfl.org BELLE TERRE PARKWAY FOUR-LANING CPH provided services including design, traffic services, landscape architecture, right-of-way acquisition, surveying and environmental services for the four-lane, Belle Terre Parkway. The project consisted of approximately 4.1 miles of a four-lane divided roadway, four 12-foot travel lanes and two four-foot bicycle lanes. CPH provided general traffic engineering services including access management studies, traffic volume projections and traffic signal warrant analysis, plus the design of five new signals. The project also included the re-design of approximately 10,000 if. of 20" water main, 12,000 I.f. of 12"water main and 20,000 if.of 16"force main. Coordination with Florida Power and Light was provided to assist the City to bury 2 miles of overhead utilities, and avoid any potential conflicts between all utilities. Construction consisted of: • 12-inch stabilized subgrade (LBR 40), optional base group nine, and 3-inch Type "S" asphaltic concrete • Realignment of the northern 6 miles of Belle Terre Parkway to connect to Matanzas Woods Parkway at the intersection of Lakeview Boulevard • Approximately 0.12 mile, two-lane curb and gutter extension of Buffalo Bill Drive from the existing Belle Terre Parkway to the realigned Belle Terre Parkway • CPH developed a detailed public involvement program that included routine council presentations,general public involvement, meetings with special interest groups Client Contact:City of Palm Coast, Mr. Richard Adams, Public Works Director,2 Utility Dr., Palm Coast, FL 32137, Phone:386.986.2351, Fax:386.986.2391, E-Mail: radams @ci.palm-coast.fl.us SR 426 UTILITY RELOCATION PROJECT (DESIGN AND CEI) This project was constructed in conjunction with the FDOT widening project of 1.2 miles of SR 426 and was constructed as a Joint Project Agreement (JPA). The project included the relocation of the City's 10" water main along SR 426 that was in conflict with FDOT's improvements. The existing 10" water main was replaced with a 16".The project also involved the installation of a new wastewater system in the area consisting of over 4,000 feet of gravity sewer lines ranging from 8" to 15" and a new master lift station and 1,300 feet of a 10"force main including a 270-foot directional drill under Red Bug Lake Road. As a result of the amount of work to be done to the City's facilities, the work required construction oversight administration and coordination with FDOT and the contractor.The CEI services were advertised separately by the City of Oviedo and the City selected CPH. CPH provided full construction administration and inspection services for the installation of utilities throughout the duration of the project. CPH coordinated the project between FDOT and the City of Oviedo with CPH representing the interests of the City of Oviedo. The CD activities included attendance at meetings, shop drawing reviews, full time resident utility inspections, review of the utility portions of the contractor's pay requests, responses to utility related RFI's substantial completion and final inspections, reviewed final closeout package from contractor, and certified completion of construction to City, FDOT and permitting agencies. Client Contact: City of Oviedo, Mr. Bobby Wyatt, P.E., Public Works Director/City Engineer, 400 Alexandria Blvd., Oviedo, FL 32765, Phone: 407,971.5648, Fax: 407.971.5808, E-Mail: bwyatt @cityofoviedo.net • Approach/ Methodology CPH understands that the City of Edgewater is seeking qualified consulting firms to provide CEI Services for the S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater (10th Street). CPH will provide the City with services including necessary services required for the design/construction/repair of identified project(s) which may include, but not be limited to, conferences, consultation and preparation of studies, working drawings, preliminary design, specifications, estimates, drawings, modeling, design, drafting of bids/proposals, construction administration, cost planning, inspection, testing, site analysis, bidding/selection recommendation, presentation/ recommendation to Staff and/or Commission, etc. Our resumes and the professional histories of the various team members clearly demonstrate a vast and broad background of experience which will be effectively applied to the City's benefit. CPH is highly qualified to provide Construction Engineering Inspection Services for the S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater (10th Street). CPH has experience providing the following services: • General Project Administration • Construction Inspection of public infrastructure projects including sidewalks and trails, roadway, utility,stormwater and general facilities • Geotechnical testing and quality control oversight • Project documentation and reporting to include quantifying project items. • Inspection of civil/site work/earthwork • Attending and/or conducting pre-construction and project progress meetings • Providing pay application verification • Monitoring erosion control methods • Monitoring quantity determinations • Monitoring Maintenance of Traffic(MOT) • Monitoring contractor safety program • Verify and document payrolls for Davis-Bacon compliance CPH has organized a local dedicated team of design and construction professionals committed to the success of the S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater (10th Street) project for the City of Edgewater and with a proven track record on the similar project experience. General The CPH team has the ability to conduct the bid award and the pre-construction meetings. They can conduct periodic progress meetings and keep minutes of all meetings and provide them to the City. CEI services include the review of shop drawings, compiling and maintaining a log of shop drawings which are submitted for the project, review of Requests for Additional Information (RFI), maintaining a log of RFI submittals, review of the Contractor's monthly pay requests and providing written progress reports,The CPH team maintains communications with residential and business owners affected by the work along with schools, emergency personnel and others. CPH is well suited to provide these services. We have provided CEI services on numerous projects including the Highbanks Road Sidewalk Widening Project in DeBary, SR 426 in Oviedo, City of Oviedo Water System Improvements, Rinehart Road, St. John's Parkway, Lake Emma Road, Michigan Avenue, and numerous other roadway construction projects where we worked on the sidewalks. David Terwilleger as Project Engineer will bring over thirty years of construction related experience to the project. CPH has an excellent track record in working with various entities on complex projects and enabling the project to be completed on time and within budget. Constructability Review/Value Engineering The CPH team can provide a review of the plans for items which could affect the construction of the project.This review by the CEI team also allows them to become familiar with plans and specifications and look for items that could result in cost savings to the City. Public Relations The CPH team can assist the City in keeping the public informed about the construction project. This enables people who have to travel through the area to know when major events will happen such as lane closures,detours,traffic shifts,etc. during the construction process. Specific Services Terracon will provide material testing services including entry of test data into the FDOT LIMS system when and if required to demonstrate that the Contractor's work is being performed in a satisfactory manner and in compliance with the project specifications. CPH will provide project management services as necessary to coordinate the activities of all parties involved in the project including contractors, utilities, subconsultants, the public, and others as required. We will also maintain organized accurate records of all meetings and other activities related to the construction project when required including conducting pre-construction meetings, and progress meetings. Minutes will be provided of all meetings in a timely fashion so that accurate records can be kept throughout the project. Summary CPH has the personnel and experience required to perform CEI services for the City of Edgewater. The extensive experience of the members of the team will provide the City an excellent project team and ensure that any assigned project is constructed in a timely, cost-efficient manner for the City of Edgewater. 9. Client References CPH has performed numerous similar services for other clients for over 32 years through continuing services contracts. The listing of clients below is a sample of our continuing client base that can attest to the professionalism and the quality of the work product produced by the CPH team. City of Ms. Kassandra Blissett, Assistant City Manager DeBary 16 Colomba Road, DeBary, FL 32713 Phone: 386.668,2040 City of Ms. Margaret Momberger, RLA, Senior Planner Port 1000 City Center Circle, Port Orange, FL 32129 •range Phone: 386.506.5661 ,ate: City of Mr. Keith Riger, P.E., City Engineer Deland 1102 S. Garfield Ave., DeLand, FL 32724 Phone: 386.626.7196 City of Ms. Jackie Soya, City Manager A Lake 100 North Country Club Road, Lake Mary, FL 32795 A Mary Phone: 407.585.1419 City of Mr. Paul Moore, Utility Director, P.E. Sanford 300 N. Park Ave, Sanford, FL 32771 Phone: 407.688.5106 1 . Regulatory And Permitting Agency Experience CPH team members maintain excellent relationships with key regulatory agencies through our professionalism, networking and conference participation. The CPH Team is knowledgeable of applicable rules, policy and regulation. This fact, combined with insightful scientific judgment, expedites our client's projects through the regulatory process and helps provide the City with practical solutions and minimize upcoming situations that may affect the project schedule. Our Project Engineer and Staff will meet, during the early stages of the project, with FDOT to review project requirements. We will also meet with City staff and other agencies as required such as St. Johns Water Management District, FDEP and utility companies. We routinely prepare documents required by these agencies. These documents include: applications, engineering reports, calculations, computer modeling, and geographical support such topographic maps and aerials. CPH believes that providing early coordination with these agencies is key to an effective permitting and review process. CPH routinely conducts pre-application meetings with these agencies to identify any potential concerns and issues up front.These meetings continue at each phase of design,which allows our team to address the issues early on.This reduces the potential for RFI's and provides Clients with a more effective project. We believe this is key to the CPH approach to projects. As a result of CPH's extensive work history in Florida, these relationships are well established, and will serve the needs of the City. CPH has worked with these agencies on small to large projects, including: • Municipal Buildings • Stormwater/Drainage Facilities • Commercial/Mixed-Used Facilities • Residential Developments • Roadways/Transportation Systems • Parks and Recreation • Water/Wastewater treatment Facilities • Conveyance Systems We feel our staff is well liked by these agencies and has, for over 30 years, successfully provided coordination and permitting services throughout Florida. cx 11. Personnel Consistency CPH is committed to provide the City of Edgewater with an effective and responsive engineering, design, and planning team. CPH has assembled a highly qualified CEI team with experience similar projects. CPH will consistently use the same personnel throughout the project assuring that completed project exceeds the City's expectations. The City of Edgewater has the commitment and direct involvement of the owners of CPH who will also serve as Principals and Project Managers on the projects. Our owners have a long-term interest in ensuring that City of Edgewater is fully satisfied with the services provided by CPH. Although CPH has grown significantly to over 210+ employees throughout its offices in Florida, Texas, Connecticut, Maryland, and Puerto Rico, we are extremely proud that our staff is made up of many long-term (over thirty years)employees.This longevity assures our clients that experienced and capable personnel are attending to their CEI and engineering needs. The team at CPH has the skills, available staff and knowledge to perform the required services for the City of Edgewater. The CPH team is focused on fostering long-term relationships with our clients by approaching each project with a collaborative attitude. The team for this contract is comprised of personnel that have exceptional professional credentials, and through their combined efforts and continuous client communication, will meet the specific needs of the City. 12. Citations, Violations, Litigation The following cases have all been settled: Posen Construction Inc. vs. Lee County, CPH, et al. —US District Court, Middle District of Florida, Ft Myers Division, Case No. 2-11-cv-640-FtM-36DNF Orig Date- Nov/2011 Settlement Date—May/2013. CPH was one of the parties being sued by Posen for negligence which hinged on Posen encountering asbestos cement pipe which as the Contractor was his responsibility for the verification of the pipe and notification of any issues to the County.Accordingly, CPH filed suit to have the case dismissed based on this fact and which was granted with no liability on the part of CPH. Par Builders,Inc.vs.CPH,Inc. -Puerto Rico,Civil No. N3C12009-0083(2) Orig Date- Dec/2008 Settlement Date- Jan/2012. CPH was sued by PAR Builders, Inc. for contractual performance. CPH does not have an agreement with this company. Our position was that PAR needs to direct any issues related to the survey to Javier Bidot who was the Surveyor hired by the Owner. This case was settled in January 2012. Rivera v.CPH,et.al. Osceola County,FL Case No.10CA3325AN Orig Date- May/2010 Settlement Date-June/2011. CPH was sued for defects in the design of a parking lot and intersection at a Wal-Mart store. The plaintiff's mother died due to injuries sustained in an accident caused by the driver who was convicted of vehicular homicide due to the fact that she was driving while intoxicated. The design of the parking lot is not the proximate cause of the accident; therefore, CPH had no liability.This case was settled to avoid the cost of litigation. The following attached forms must be signed and incorporated into the submittal package. THIS SHEET MUST BE SIGNED CITY OF EDGEWATER EDGEWATER, FLORIDA FINANCE DEPARTMENT Proposer Checklist IM P O R T AN T: Please read carefully, sign in the spaces indicated and return with your Qualification. Proposer should check off each of the following items as the necessary action is completed: el The Qualification has been signed. Pn All information as requested in the Proposer's Qualification Form is included. [xi All applicable forms have been signed and included 1.3c- Any addenda have been signed and included. rg- The mailing envelope has been addressed to: ..••• CITY CLERK .••••• City of Edgewater 104 N. Riverside Dr. Edgewater, Florida 32132 P-C1 The mailing envelope must be sealed and marked with Qualification Number, Qualification Title and Due Date. X.1 The Qualification will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Qualification cannot be considered.) ALL COURIER-DELIVERED QUALIFICATIONS MUST HAVE THE RFQ NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name CP Inc. Signature and Title 01114.#12/1 Vice President Date 1/9/14 Email info@cphcorp.com Conflict of Interest Affidavit RFC #14-GS-007-Construction Engineering and Inspection(CEI)Services for S.R.5(US Hwy 1)Sidewalks 34 I By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. CPH,Inc. Firm 4111, 9":11-t M" 1/9/14 Signature Date David A.Terwilleger, CGC Name Printed Vice President Title of Person Signing Affidavit State of Florida City of Sanford SUBSCRIBED AND SWORN to before me this 9 day of January 0 14 , by David A.Terwilleger,P.P.,CGC , who is personally known to me to be the Vice President qi for the Firm, OR who produced the following i•-n 'cation: a .6 -Lf, PAMELA k SMITH Notary Public * MY COMMISSION#EE 047217 * EXPIRES.January 2,2015 Borlded ihru eudget Notvi Senges My Commission Expires: RFQ#14-GS-007—Construction Engineering and Inspection(CO)Services for SR.5(US.Hwy 1)Sidewalks 35 Declaration Statement f.f ‘; City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 RE: RFQ NO. 14-GS-007 "Construction Engineering and Inspections (CEI) Services For S.R. 5 (U.S. Hwy 1) Sidewalks From Volco Road to North City Limits of Edgewater (10th Street)" Dear Mayor and Council Members: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this qualification or in the contract to which this qualification pertains, and that this qualification is made without connection or arrangement with any other person and this qualification is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of qualifications, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the qualification pertains. The Proposer puts forth and agrees to commence negotiations, in accordance with the Federal 40 USC Title 1101-1104 (Brooks Act) and F.S. 287.055(5), and execute an appropriate City document for the purpose of establishing a formal contractual relationship between him, and the City. RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S Hwy 1)Sidewalks 36 DECLARATION STATEMENT (Continued) General Information Submittal Form for Construction Engineering and Inspections (CEI) Services For S.R. 5 (U.S. Hwy 1) Sidewalks From Volco Road to North City Limits of Edgewater(10th Street) Firm Name: CPII,Inc. (As registered with Florida Secretary of State) Address: 101 N.Woodland Blvd.,Suite 305,DeLand State: FL Zip Code: 32720 County: Volusia Tel: 386.736.4142 Fax: 386.736.8412 Web-site: cphcorp.com Contact Person: David A.Terwilleger,P.E.,CGC E-mail: info @cphcorp.com Name of Parent Company (if applicable): N/A Address: N/A Type of Firm: Corporation n Partnership U Individual n Other ❑ If Corporation: Date Incorporated: 1981 State Incorporated: Florida Date Authorized in Florida: 1981 Name of President: David A.Gierach,P.E.,CGC If Partnership: Date Organized: Type: General ❑ Limited 11 Other(^ Name(s) of Partner(s): Florida Secretary of State Document No.: F22258 RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S .5(U.S.Hwy 1)Sidewalks 37 Florida State Board Certification(s)/applicable as follows : Professional Engineer's Certificate No.: 3215 Date: Exp. 2/28/2015 Firm Name: CPH.Inc. (As registered with Florida Secretary of State) Federal Employer Identification No.: 59-2068806 Most recent financial statement attached: No iN Yes ❑ Per RFQ Requirements-if selected,CPH can provide proof of financial stability for the last three years as requested. Firm's current annual gross income: $29,931,950. Blanket Professional Liability Insurance: No fl Yes ® Amount: $ 2 Million Policy No.: RDP0006287 Company: Lykes Insurance,Inc.-WP If yes: Attach a copy of certificate showing policy number, company, amount, and expiration date. If no: Attach commitment letter from insurance company that project liability insurance would be provided to the qualifier, or a commitment letter for a non- assignable, nontransferable, irrevocable letter of credit created pursuant to Chapter 287, Florida Statutes, in a minimum amount of$250,000,00. Does your firm have a CADD system? No I I Yes [ Type: ACAD Civil 3D 2012 and ACAD 2009 I hereby certify that the information contained in this package is true and correct to the best of my knowledge and that this firm is duly authorized to conduct business in the State of Florida. I further certify that neither the firm, nor any officer, director, employee of the firm or any of its affiliates have been criminally or civilly charged with antitrust criminal acts under State of Florida law which involved fraud, bribery, collusion, conspiracy, antitrust violations, or material misrepresentation with respect to a public contract, except for matters previously disclosed to the City of Edgewater and filed in case no.(s) (If not applicable, enter N/A) with the Clerk of Agency Proceedings. I further certify that the employment practices of this organization fully comply with Title VI provisions of the 1964 Civil Rights Act. ;;;l d Fl E ,/� C ' / / c ' Vice President 1/9/14 Signature Title Date RFQ#14-GS-007—Construction E::ngineering and Inspection(CEI)Services for S.R.5(U.S.Hwy 1)Sidewalks 38 °"'x"11 OP ID: El ' .°— ° CERTIFICATE OF LIABILITY INSURANCE DATE(MM61DiYYYY) 02/28113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to , the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I PRODUCER Phone:407-644-5722 LIME"cT Erin Johnson Lykes Insurance,Inc.-WP P.O.Box 2703 Fax:407428-1363 {Ar"CC,Np,Ext):321-445-1117 (A/C Winter Park,FL 32790 EMAIL 'No): Mark E.Jackson A129051 ADDRESS:ejahnson�jcj-insurance.com PROQUCEk cusTRas_CPHEN-1 INSURER(S)AFFORDING COVERAGE NAIC a INSURED CPR,Inc. - INSURER A:RLI Insurance Company 13056 CPH Engineers,Inc. INSURERS: 500 West Fulton Street -- - -- Sanford,FL 32771 INSURER C: I INSURER D: 1 INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR . --- POLICY EFL... POI.�Y EXP I _. TYPE OF INSURANCE 'ADM SUBR POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ `1 F DAMAGE-TO REN(ED COMMERCIAL GENERAL LIABILITY I I PREMISES(Ea accurtence) S I CLAIMS-MADE I )OCCUR I MED EXP(Any one person) S I PERSONAL&ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: ', PRODUCTS-COMP/OP AGO S POLICY i .PRO- LOC '. ' S __..... .................. JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ` ANY AUTO (Ea acadent) I$ , BODILY INJURY(Per person) I S ALL OWNED AUTOS BODILY INJURY(Per ant)':S SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) E$ I NON-OWNED AUTOS $ S UMBRELLA LtA6 ! . 'OCCUR � EACH OCCURRENCE 3 EXCESS UAB CLAIMS-MADE' AGGREGATE S DEDUCTIBLE 3 S RETENTION S S WORKERS COMPENSATION VCC STATU- ! 4TH• AND EMPLOYERS'LIABILITY TORY LIMITS ER _...._. Y/N ANY PROPMETORIPARTNERIEXECUTIVE OFHCERnsEMBER EXCLUDED? IN 1 A E L.EACH ACCIDENT S (Mandatory in NH) E L.DISEASE-EA EMPLOYEE $ it yes,tlescnDe under --- DESCRIPTION OF OPERATIONS oelow I E I DISEASE-POLICY LIMIT S A Professional Liab RDP0006287 04/01/13 04/01/14 ',Ea claim 2,000,000 Claims-made policy RETRO DATE-3/3/1981 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 151,Additional Remarks Schedule,H more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Information Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS. I AUTHORIZED REPRESENTATIVE Mark E.Jackson A129051 I I O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD List of Branch Offices in Florida: *‘.". Please include address, City, zip code, county, contact person, telephone number, and e-mail address. CPH Orlando-1117 East Robinson Street,Orlando,FL 32801 Orange County David Mahler, P.E.,Phone:407.425.0452,E-Mail:DMahler@cphcorp.com CPH De Land- 101 N.Woodland Blvd.,Suite 305,De Land,FL 32720 Volusia County Kurt Luman,RE.,Phone:386.736.4142,E-Mail:KLuman@cphcorp.com CPH Jacksonville-5200 Be lfort Road,Suite 220,Jacksonville,FL 32256 Duval County .6 0 ' •$•$ 'I I•4 -l4 .• • A S ki@cphcorp.com CPH Palm Coast- 520 Palm Coast Pkwy SW.Suite 200.Palm Coast,FL 32137 Flagjer County Rrett Marknvit7, Phrme• 1R6 445 6569, E-Mail.RIVEarlmviti@ephcotp.corn CPH Tampa- 5601 Mariner Street,Suite 240,Tampa,FL 33609 Hillsborough County Wade Wood, P.E.,Phone:813.288.0233,E-Mail:WWood@cphcorp.com ‘e' CPH Ft.Myers- 2216 Al tamont Ave.,Ft. Myers,FL 33901 Lee County Jeffrey Satfield, P,E.,Phone:239.332.5499,E-Mail:JSatfield@cphcorp.com CPH West Palm Beach-319 Clematis Street,Suite 610,West Palm Beach,FL 33401 Palm Beach County Todd Hendrix,P.E., Phone: 561.459.2096,E-Mail:THendrix@cphcorp.com CPH Sarasota- 3277 A Fruitville Rd.,Suite 2, Sarasota,FL 34237 Sarasota County Josh Bryant,P.E.,Phone:941.365.4771,E-Mail:IBryant@cphcorp.com CPH Miami- 1992 SW 1st Street,Miami,FL 33135 Miami-Dade County Todd Hendrix,P.E.,Phone:561.459.2096,E-Mail:THendrix@cphcorp.com CPH Panama City- 1031-C W23rd Street,Panama City,FL 32405 Bay County Jason Toole, P.E.,Phone:850.563.1495,E-Mail: JToole@cphcorp.com RFQ#14-GS-007—Construction Engineering and Inspection(CE)Services for SR.5(U.S Hwy 1)Sidewalks 39 | - City of Edgewater, Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS IZ 1. Worker's Compensation Statutory Limits of Florida | � Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. 2 2. Commercial General Liability Bodily injury& Property Damage (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. $1'000'000 single limit per occurrence ti 3. Indemnification: To the maximum extent permitted by Florida law, the • Contractor/Vendor/Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and c0stS, including, but not limited to, reasonable attorneys' fees and paralegals' feem, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. PI 4. Automobile Liability $ 500,000 Each Occurrence Owned/Non-owned/Hired | � Automobile Included ZI 5. Other Insurance as indicated below: $ 1.ODU.00O Per Occurrence Errors and Omissions or Professional Liability Coverage RFQ#14-GS-007—Construction Engineering and inspection(CEI)Services for S.R.5(U.S.Hwy'I)Sidewalks 40 CITY OF EDGEWATER, FLORIDA INSURANCE REQUIREMENTS (Continued) 0� 6. Consultant shall ensure that all sub contractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide City with certificates of insurance meeting the required insurance provisions. 7. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. IX 8. The City of Edgewater shall be named as the Certificate Holder. NOTE--The "Certificate Holder"should read as follows: City of Edgewater Edgewater, Florida No City Division, DepartmneOt, or individual name should appear on the Certificate. Nonthe[h}rmotmN/ be acceptable. 9. Thirty(30) Days Cancellation Notice required. 10' The Certificate must state the RFQ Number and Title. PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the � | evidence of insurability may be required within five (5)days of the award of RFQ. CPH,Inc. i»V (. ��� ���xz� Proposer Ins [~nC8Agency | - ' Signature Proposer- _7"v.,/ ' Sriunaofpropomer'mAoent | . npow1*-Gm-00 —onnstrummwsogm"v oQ�mmnpn�on�Eymmm�e xvu.n.n(o/z Hwy 1)moowom^ 41 City of Edgewater, Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. 2. Commercial General Liability Bodily Injury& Property Damage (Occurrence Form) patterned after the current I.S.0 form with no limiting endorsements. $1,000,000 single limit per .••• occurrence 3. Indemnification: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. 4, Automobile Liability $ 500,000 Each Occurrence Owned/Non-owned/Hired Automobile Included 5, Other Insurance as indicated below: $ 1,000,000 Per Occurrence Errors and Omissions or Professional Liability Coverage RFO#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R 5(U.S Hwy 1)Sidewalks 40 CITY OF EDGEWATER, FLORIDA INSURANCE REQUIREMENTS (Continued) 6. Consultant shall ensure that all sub contractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide City with certificates of insurance meeting the required insurance provisions. 7. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 8. The City of Edgewater shall be named as the Certificate Holder. NOTE—The "Certificate Holder"should read as follows: City of Edgewater Edgewater, Florida No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. El 9. Thirty (30) Days Cancellation Notice required. NI 10. The Certificate must state the RFQ Number and Title. Vhof PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of RFQ. CPH,Inc. a 4-)0,(' 1/ -fl1 ti) Al Proposer Insurance Agency ( 1_ hit efr Signature of Propos Signature of 2 roposer s Agent RFQ#14-GS-007 Construction Engineering and Inspection(CEI)Services for S.R 5(US.Hwy 1)Sidewalks 41 Acknowledgements RFQ#14-GS-007 Construction Engineering and Inspection (CEI) Services for S.R. 5 (U.S. Hwy 1) Sidewalks from Volco Road to North City Limits of Edgewater (10th Street) 1 To: City of Edgewater 104 N. Riverside Drive Edgewater, Fl 32132 CPH,Inc. (Professional Consultant) agrees to provide CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES as defined in this Request for Qualifications document and in accordance with the requirements of the specifications and related work authorizations/contract documents. The undersigned Qualifier/Consultant has carefully examined the RFQ requirements and related contract documents and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to provide the CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES called for by the RFQ documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the quality of service quoted. The undersigned agrees to the right of the City to hold the Request for Qualifications submittals and guarantees the future related proposals for a period not to exceed one hundred twenty (120) days from the effective date of the contract term. The undersigned accepts the invoicing and payment policies specified in the RFQ. Upon award of this RFQ, the City and Qualifier/Consultant each binds himself, itself, or herself, its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the RFQ Documents. The RFQ Document constitutes the entire agreement between City and Qualifier/Consultant and may only be altered, amended, or repealed by a Change Order or a written amendment. The Qualifier/Consultant, by signing these RFQ Submittal pages, acknowledges and agrees to abide by all the terms, conditions, and specifications contained in this RFQ Document. RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S.Hwy 1)Sidewalks 42 Qualifier/Consultant shall guarantee CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES within calendar days from receipt of Purchase Order or Work Authorization/Notice to Proceed. Dated this 9 day of January 20i4 (Month) (Year) INDIVIDUAL, FIRM, CORPORATION, LIMITED LIABILITY, PARTNERSHIP, OR OTHER FORM OF ENTITY By 7/7 4740/7 David E Terwilleger P. ,CGC /9 (Signature)/ (Print name) Address: 101 N.Woodland Blvd.,Suite 305,DeLand,FL 32720 Telephone: ( 386 ) 736.4142 Fax: ( 386 ) 736.8412 Taxpayer Identification Number(TIN): 59-2068806 CORPORATION --//7 By: / David A.Terwilleger,P.E.,CGC Address: 101 N.Woodland Blvd.,Suite 305,DeLand,FL 32720 Telephone: ( 386 ) 736.4142 Fax: ( 386 ) 736.8412 Taxpayer Identification Number (TIN/EIN): 59-2068806 State Under Which Corporation Was Chartered: Florida RR)#14-GS-007—Construction Engineering and Inspection(CEI)Services for SR.5(US.Hwy 1)Sidewalks 43 Corporate President: David A.Gierach,P.E.,CGC (Print Name) Corporate Secretary: Linda Gardner (Print Name) Corporate Treasurer: ,50ALipda Gardner „Ci " '41!Ti . (Print Name) 4' :ORPORATE SEAL ' Attest By: Linda Gardner ) °raaiitit}���' >�a Secretary Signature: �r ! Date: 1/9/14 eft RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5((IS.Hwy 1)Sidewalks 44 COMPLIANCE WITH THE PUBLIC RECORDS LAW Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the CITY. If the company submits information exempt from public disclosure, the company must identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the CITY in a separate envelope marked accordingly. By submitting a response to this solicitation, the company agrees to defend 1 the CITY in the event we are forced to litigate the public records status of the company's documents. Company Name: CPH,Inc. Authorized representative (printed): David A.Terwilleger,P.E.,CGC Apporize,d f.emsentatignature)* d e/yort(fft,) PertiWeidyr Project Number: RFQ 14-GS-007 Date: 1/9/14 RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S R 5(U S Hwy 1)Sidewalks 45 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), *w FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCES OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Edgewater (print name of the public entity) by David A. Terwilleger,P.E.,CGC (print individual's name and title) for CPH,Inc. (print name of entity submitting sworn statement) whose business is 101 N. Woodland Blvd.,Suite 305,De Land,FL 32720 and (if applicable) its Federal Employer Identification Number(FEIN) is 59-2068806 - '‘gtoe (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S Hwy 1)Sidewalks 46 1. A predecessor or successor of a person convicted of a public entity crime; or yttopi 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting the sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [ATTACH A COPY OF THE FINAL ORDER] RFQ#14-GS-007—Construction E ngineering and Inspection(CD)Services for S R.5(U.S.Hwy 1)Sidewalks 47 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (1 Avi k,,,1 (if fiercitLti" (Signature) v Sworn to and subscribed before me this 9 day of January ,20 14 Personally known X Notary Public-State of Florida OR Produced identification M commissio, expires I'•4 1 IL A (Type of identification) (Printed typed or stamped commissioned name of notary public) PAMELA A,MTH MY COMMISSION#EE 047217 EXPIRES:Januaty 2,2015 Boite4 lieu Budget Notary Sawed RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S.Hwy 1)Sidewalks 48 DRUG FREE WORKPLACE CERTIFICATION FORM In accordance with Florida State Statutes Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against I employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. tijaP7-i 'I/ Oftil 1/9/14 SIGNATURE DATE RFQ#14-GS-007—Construction Engineering and Inspection(CE!)Services for SR.5(U.S.Hwy 1)Sidewalks 49 1 -, NONCOLLUSION AFFIDAVIT New STATE OF Florida COUNTY OF Seminole David A. Terwilleger,P.E.,CGC , being first duly sworn deposes and says that: 1. He (it) is the Vice President , of CPH,Inc , the Bidder that has submitted the attached Bid. 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. 3. Such Bid is genuine and is not a collusive or sham Bid. 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, have in any way, colluded, conspired, connived, or agreed, directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price in any other Bidder; or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage in the proposed Contract. 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Date: 1/9/14 ff �J {ril By: David A.'ferwilleger,P,E.,CGC I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared David A.Terwilleger,P.E.,CGC , an authorized representative of CPH.Inc, , well known to me and known to me to be the person(s) described in and who executed the foregoing instrument and have acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 9 day of January , 20 14 (-17a,„, 6 4 r Notary Public State of Florida at Large ctT Ass. p LA Sldm .<} .a , MY COMMISSION 0 EE 047217 ." EXPIRES:January 2,2015 (Printed,typed or stamped °F t ed i s Mery Services commissioned name of notary public RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S.Hwy 1)Sidewalks 50 Form IA1'9 Request for Taxpayer Give Fenn to the (lis.Y.August A/13) Identification Number and Certification requester.Do not NV(111111,4 Ot thtl Treasury send to the IRS. Internal Remota Smarm _ Name(ee shown on you eamme tax Wont i CPH,Inc. _ ... narneialaregardet I fdotity name,4 deferent tree above § ' Cher*appropriate tars tie feriae tax cheattatiorr 1 Exemptions has instrutaions). 8 r-i 1--■Individual/sole proposes LJ C CorPvialloe X S Collmaitan 0 Partheishai 0 Inatiestate : ;1 Exempt woye omen t/any) 0 Levied Saban company.inter the las dasseicabon(CaC corporation,S-S corporation,I'apatriershp)te !Exemption tram FATCA reporting onder gr wail I0 Other gene eat whom)• r •0 Iff Address traantart,atrial and A.a mite no) Requester's name and address(optima) 101 N.Woodland Blvd.,Suite 305 0) . Oily.state,ww,1ZIP nide ciS DeLand,FL 32720 itim at.r.orat nu(nirea)hat P(UpillInoli) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the Name"Nne I 11•044 footomite.....b...- _J to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a ET resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other 1 - - entities,it is your employer identification number(EIN),t you do not have a number,see How to get a • TIN on page 3. Note.If the accourd is in more than one name,see the chart on page 4 for guidelines on whose LIEemployer identificarion aarnbor i number to enter. I ' i 5 9 I -12 0 6 8 :8 10 6 ] i Part II Certification Under penalties Of penury.I certify that 1, The number shown on this form is my correct taxpayer identification number(or I am wailing for a number to be issued to rr a),and %kW2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends.or(c)the IRS has notified me that I am no longer subject to backup wIthholcang.and 3 lame U S citizen or other U.S person(defined below),and 4.The FATCA code(s)entered on this form p any)indicating that I am exempt from FATCA reporting is correct Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subiect to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt.contributions to an indvidual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3 — , Sign ' Signature of 7z/.... Here : ..., /,e,7,, 7 , f4-,,, D.%s- 1/9/14 General Instructions , ahhoilirat tax on hereto partners'Pare of afteetwely niiimeted mown.,and 4 C.-arty hut 7 AFGA ontle(s)coteeort on atm form Al wto irearaterg Mat your are Firactron retetenom are to Iter Internal fiwerkto Code unions ottrerrnr.raited. ,siunpl tofu the F A4CA reporting,is awned. Futwe doeslopmints the IRS awe created a page on II IS.goe es reformation Nola h you are a U5 pence and a requester gees you a kern other than firm about I arm W 9,et wweres.gaylwit.Information about any future dear krpments W-ra to egg ear yrwr RN you ouhrt ins.Ifie rettuehter s kiln II A is Xututsranalk electing I-omi W9 earth as iefirstation enacted aft..we release it)we be posted similar to the Ions Ifth on fiat page. Definition of a PA.persoft Fm federal tax mowers,you are cortedered a US Purpose of Form p..csonll psi aro' •An indeortual who a a ii.S.chitin or U.S,ustedent stint A mason who ei requiud to Pie en IMP maroon return wet the ES must otAar yore coiled taxpayer efentirmation Mint:oft(TWA to fepat,t!,ftaiTtple,ewers NW to •A pm hareatap.011*Fla1 awn,.ottrnpany,01 astaut3whOgl,O,itenri OF anew...mil in Ire you,pronenth made to you in yettlernent of payment raid end(herd pity network United States or under Me taws of the tinfoil States, harlearmuns,teat estate tuansactiu is.mortgage intermit you peel,animation or •An estate iottes than 4,Imago t,Stahi,. abandonment of%eased property,eanoellatton of aebt,or contirbubons you made to an IRA •A dormant:trust hie defined in Fiegutirtions section 301 7701-7) Spatial rules for pertriorahips.Partnorstope that panelist a S ado et baton,.In 1,1A.t.(rant W-9 only A you am atIS person enoluding a resident ahen),to the United States are generally remind to pay a wehholdnn tax under seraon proarle yna one ert TIN to the ner..on I wis.soKting A(the remeartm)and,when appeoatite,to 1446 on arr torsion partners'stale or tittediareh,:oorret---lcod tattattlo r r.orne Son huttt thrift-loss,Furth.,in t.rtain.7.aorr.whole a Foto W it has not boon ntoru.d. 1.Certty that the 1114 you are gninu is coneal 01 you at G.,cattily tie a°filth,* the neer trader mection 1446 roman a partnership to preemie that a partner is a to be rare WO, forrtiOn Pelson.and Pay the section 1446 withholding tax.Tiverrese,if rem are A 7 Corth that VOU ate not AMMO to bt.ftifiF attler•ftel,of LIS person that us 11 partner in a partnership reminding a trade or taxers,en the tinted Stake,ptUVKIV FOII»WI)to the partrinshp to reattach yen(IS.slab. 3.C.Laan exemption horn harem valtitioldwag it you me a 1I.S.innirpt woe.ll and avOld sects.)1446 withholding on you char e ot trartierchal inenott• VOWable,YOU are al.50 OrAttra()trat as a U.S.person,vow alocable sham of any parherrtSap utc-nmr,torn a U.S.trade or business in red stbie,:t to the Cm1 No.10T.31X mum W-9 Pr,S-7043) III 4 ss...1'F.■•••-•,..a-VV, —...el/tn....A-41.i.■--olVolk..,0 014 CI IV 0.01.,...t.A.tvi 1 v-o—o/v.,Vo......,0,....,.5.NI%V..,I 41., 1,veus.•guina 5 I STATE OF AI,O*OA DEPARTMENT OF TRANSPOmATsw 37E-030-33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ON FEDERAL-AID CONTRACTS (Compliance with 49CFR,Section 20100(b)) The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: (1) No federal aopropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, enewa|, amendment,or modification of any federal contract grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting hn influence an officer or employee of any federal agencya �emberof agency, Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal :ontract,grant, loan, or cooperative agreement, the undersigned shall complete and submd0andandFmm-LLL.^Disu|maueofLobbyingActivities''. inanoordancew|thiks|mdrudinns. (Standard Form-LLL can be obtained from the Florida Departmen of Transportations Professional Services Administrator or Procurement Office.) This certification isa material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entenng into this transaction imposed by Section 1352.Title 31.US.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and riot more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly C9}{ Inc.Name��Consultant. CPH, By: David&.Ic r,P.E.,CGC Date: 1/9/14 I ' Authorized Signature' r '� �~�* ' - ��, , ��n��' \/ice President Title' • RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for sn.o(U�Hwy`)Sidewalks 54 STATE OF FLOPIDA DEPARTMENT OF TR^NSPOPTAn * 375-030-32 CERTIFICATION REGARDING DEBARMENT, p��«�sp . SUSPENSION, ,"w' INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510> (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for daba/ment, declared ineligib|o, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of By Date: 1/9/14 Title: Vice President Instructions for CertIfication , By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out belm^ 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government the ry nmrn�ma»vumvoawu/au/v,omomr� including � ""' ' suspension and/or debarment. m�m 3. The ua���/`�/v°:,ov,»participant enn�°oe/�m�mmewn 0000w,pm�x*nwnonm�mc�m��ovo�/m,mmnmoun - ' at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become ~^~'~~'~''`~'~'~'~'~^°~~' ^'^~^``~ ^. The terms'cover��mv�unm',u,uaneu�m�eoouma�m�.xwwmnr,o,�c �m��m/Ypamunan .�e��'.pnmmv cv"e�u�onoucov"' 'principal', and as have. . � clause, Definitions and Coverage sections of the rules implementing Executive Order owm. You may contact the person to which this proposal is being submitted fix assistance in obtaining a copy of those regulations o. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowirgly enter into any lower tier covered transaction with a person who is debarred.suspended.declared ineligible,or voluntarily excluded from participation in this covered transaction.unless authoilzed by the Department or agency with which this transaction originated 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Appendix B: Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. r. A participant in a covered tr'anaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended.ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to check the Noriprocurenlent List. o. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings o Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred.ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension anWo debarment ~pO RFQ#14-GS-007-Construction Engineering and lnspedion(CEI)Services for SR.5(U S.Hwy 1)Sidewalks 55 � � Overhead Rates (Indirect rates)/Direct Salary Multipliers kale Overhead rates shall not be capped. Contracting agencies shall use the indirect cost rate established by an audit report prepared by an independent Certified Public Accountant, or a State or Federal agency. A lower indirect cost rate may be used if submitted by the consultant firm; however the consultant's offer of a lower indirect cost rate shall not be a condition of contract award. The contracting agencies shall apply these indirect cost rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment and the indirect cost rates shall not be limited by any administrative or de facto ceilings. The consultant's indirect cost rates for its one year applicable accounting period shall be applied to the contract, however once an indirect cost rate is established for a contract it may be extended beyond the one year applicable accounting period provided all concerned parties agree. Direct salary multipliers shall not be capped. Any limitation on direct salary multipliers would have the effect of creating an administrative or de facto ceiling on the indirect cost rate, which is not in accordance with Federal Aid Highway Program requirements, as specified in 23 U.S.C. 112(b)(2) (D) and 23 CFR 172.7(b). l‘f 1/9/14 SIGNATURE v/;c DATE t- ev) RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S.Hwy 1)Sidewalks 56 STATE OF F1OROA pepomIERT OF Ta*spop.rArlow 37500-21 DBE PARTICIPATION STATEMENT PRXUMENT iceol Note: The Consultant is required to complete the following information and submit this form with the technical proposal Project Description: CEI Services for SR 5(US Hwy 1)Sidewalks from Volco Road to North City Limits ot Edgewater(10th Street) Consultant Name CPH,Inc. This consultant( ) is (X) is not a Department of Transportation certified Disadvantaged Business Enterprise(DBE). Expected percentage of contract fees to be subcontracted to DBE(s).. tithe intention is to subcontract a portion of the contract fees to DBE(s),the proposed DBE sub-consultants are as follows DBE Sub-Consultant Type of Work/Commodity Brindley Pieters and Associates CEI Support 1 By David A. Terwilleger,RE.,CGC Title: Vice President Date. 1/9/1 4 RFQ#14-GS-007—Constniction Engineering and Inspection(CEO Services for S.R.5(U.S.Hwy 1)Sidewalks 57 E-Verify Consultant acknowledges and agrees to the following: The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 1/74,„/40762, 1/9/14 SIGNATURE :/ ii DATE RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for SR.5(U.S Hwy 1)Sidewalks 58 TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I) Now' A. It is understood and agreed that all rights of the City of Edgewater (City) relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. The following terms apply to all contracts in which it is indicated in Section 6.B of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the City, anything to the contrary in this Agreement notwithstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. PROCUREMENT 375-030-12 D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The %** Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. F. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City as appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for SR.5(US.Hwy 1)Sidewalks 59 contract sanctions as it may determine to be appropriate, including, but not limited to 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or j 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the City to enter into such litigation to protect the interests of the City, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising there from. J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. L. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S .5(U,S.Hwy 1)Sidewalks 60 Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the City in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the City. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The City hereby certifies that neither the consultant nor the consultant's representative has been required by the City, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The City further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. 0. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or The consultant further acknowledges that this agreement will be furnished to the City, State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for S.R.5(U.S Hwy 1)Sidewalks 61 The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. .411i1/711( /(/741-44 ,t/Z 1/9/14 Nikie SIGNATURE tiff ee evit- DATE RFQ#14-GS-007—Construction Engineering and Inspection(CEI)Services for SR.5(US.Hwy 1)Sidewalks Laboratory Information Management System 1 i i The Laboratory Information Management System (LIMS) is a data management computer program which is used to report the sampling, testing and business decisions related to the Florida Department of Transportation's Quality Assurance Program. Consultant acknowledges and agrees to the following: Consultant shall utilize the State Materials Office's LIMS, in accordance with the terms I governing use of the system to; I 1. enter all pertinent information into the LIMS as required by Specification. Monthly sampling reports will be obtained to verify all samples and results are logged into the FDOT's LIMS system; and 2. monitor the laboratory data input on a daily basis to ensure compliance. All original QC records will be provided to the City. MP I 1 i I i I "/// 1/9/14 IGNATURE II A -g, DATE v1 rvesofryil- i,, ler RFQ#14-GS-007—Construction Engineering and Inspection(CE)Services for SR.5(U.S.Hwy 1)Sidewalks 63 1 8C-k- AGENDA REQUEST C.A. #2014-TA-1303 Date: January 21, 2013 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading—Ordinance No. 2014-0-01 Amending and Restating Article IV (Resource Protection Standards) of the City of Edgewater Land Development Code (LDC). APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approve the proposed text amendments to the Land Development Code. Background: The proposed amendments are to Article IV (Resource Protection Standards) of the LDC referencing the new state mandated Flood Plain Management standards. City Council approved first reading of this Ordinance by a vote of 4-0. Subsequent changes since first reading have been highlighted in yellow. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2014-0-01; amendments to Article IV (Resource Protection Standards) of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2014-0-01. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: January 6, 2014 AGENDA ITEM# 8a. Respei tfully sub tted, Concurrence: Darr- Lear " f Robin L. Matusick Development ekvices Director Paralegal /Tra'e- ' . Barlow Cit, anager ORDINANCE NO. 2014-0-01 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV (RESOURCE PROTECTION STANDARDS) OF CHAPTER 21 (LAND DEVELOPMENT CODE) BY REPEALING AND RESTATING SECTION 21-40 (GENERAL PROVISIONS) AND SECTION 21-42 (FLOOD PLAINS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, the Legislature of the State of Florida has, in Chapter 166 —Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Edgewater and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Edgewater was accepted for participation in the National Flood Insurance Program on September 3, 1980 and the City Council desires to continue to meet the requirements of Title 44, Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 1 Strike through passages are deleted. Underlined passages are added. #2014-0-01 WHEREAS, on September 8, 2008, Council adopted Ordinance #2008-0-02 which amended and restated Chapter 21 (Land Development Code), Article IV (Resource Protection Standards). WHEREAS, adoption of this Ordinance will amend Article IV (Resource Protection Standards) of Chapter 21 (Land Development Code) by repealing and restating Section 21-40 (General Provisions) and Section 21-42 (Flood Plains). NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater that the following floodplain management regulations are hereby adopted. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida that the following floodplain management regulations are hereby adopted: PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV (RESOURCE PROTECTION STANDARDS) OF CHAPTER 21 (LAND DEVELOPMENT CODE) BY REPEALING AND RESTATING SECTION 21-40 (GENERAL PROVISIONS) AND SECTION 21-42 (FLOOD PLAINS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending Article IV (Resource Protection Standards) as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. Stri'.e4hfeugh passages are deleted. Underlined passages are added. #2014-0-01 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person,property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however,that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilman Ignasiak with the vote on the first reading of this ordinance held on January 6, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X Councilman Gene Emter X 3 Strike g i passages are deleted. Underlined passages are added. #2014-0-01 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 3rd day of February, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 3rd day of legality by: Aaron R. Wolfe, Esquire February, 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid Strike through passages are deleted. Underlined passages are added. #2014-0-01 Exhibit "A" 5 Strike t rouFj i passages are deleted. Underlined passages are added. #2014-0-01 ARTICLE IV RESOURCE PROTECTION STANDARDS SECTION 21-40 - GENERAL PROVISIONS IV-1 21-40.01 - Purpose IV-1 SECTION 21-41 -WETLANDS IV-1 21-41.01 - Comprehensive Plan Reference IV-1 21-41.02 - Wetland Identification IV-1 21-41.03 - Permit Requirements IV-2 21-41.04 - Buffer Requirements IV-2 SECTION 21-42 - FLOOD PLAINS IV-2 21-42.01 - Comprehensive Plan Reference IV-2 21-42.02 - Disclaimer of LiabilityAdministration IV-2 21-42.03 - ApplicabilityDefinitions IV-32 21-42.04 -Special Flood Hazard AreasFlood Resistant Development W-3 21 /12.05 Flood Plain Development Permit Standards IV 38 21 42.06 Variances/Appeals IV 55 SECTION 21-43 -WELLFIELD PROTECTION IV-325 21-43.01 - Comprehensive Plan Reference IV-325 21-43.02 - Designation of Wellfield Protection Zones (WPZ) IV-325 21-43.03 - Wellfield Protection Zone Permits IV-336 21-43.04 - Wellfield Protection Zone Standards IV-346 21-43.05 - Exemptions IV-347 21-43.06 - Enforcement and Appeals IV-358 SECTION 21-44 - GROUNDWATER RECHARGE AREAS IV-358 21-44.01 - Comprehensive Plan Reference IV-358 21-44.02 - Designation of Recharge Areas IV-358 21-44.03 - Recharge Area Development Standards IV-358 SECTION 21-45 - SENSITIVE HABITAT AREAS IV-369 21-45.01 - Comprehensive Plan Reference IV-369 21-45.02 - Development Thresholds & Exemptions IV-369 21-45.03 - Listed Species Assessment Procedures IV-369 SECTION 21-46—OPEN SPACE IV-37118 21-46.01 - Comprehensive Plan Reference IV-37144 21-46.02 - Open Space Standards IV-374-9 Sections 21-47 through 21-48 reserved for future use. Article IV Rev.9/08/08(Land Development Code) *12/10 ARTICLE IV RESOURCE PROTECTION STANDARDS SECTION 21-40 - GENERAL PROVISIONS 21-40.01 - Purpose The purpose of this Article is to establish the criteria for the protection, maintenance, enhancement and utilization of natural resources within the City of Edgewater in accordance with the adopted Comprehensive Plan. In conformance with the requirements of the Comprehensive Plan, standards and criteria contained herein implement the specific Comprehensive Plan. In addition to City-wide resource protection standards contained in this Article, the City of Edgewater has adopted the Indian River Boulevard Corridor Design Regulations and the Ridgewood Avenue Corridor Design Regulations which are incorporated as Article XVIII and Article XX respectively in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Standards and Article XX, Ridgewood Avenue Corridor Design Regulations include specific treatment for conservation lands located adjacent to Indian River Boulevard and Ridgewood Avenue. While Article XVIII shall generally supercede the requirements set forth in Article IV, Resource Protection Standards, the intent and purpose of resource protection standards plus all applicable comprehensive plan policies for conservation areas shall be adhered to for development within the designated Indian River Boulevard Corridor and Ridgewood Avenue Corridor. SECTION 21-41 -WETLANDS 21-41.01 - Comprehensive Plan Reference The provisions of Section 21-41 - Wetlands are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal Element and Conservation Element. It is the intent of this Article to provide for the protection, maintenance, enhancement and utilization of wetlands within the City recognizing the rights of property owners to use their lands in a reasonable manner as well as the right of all citizens for the protection and purity of the waters of the City. It is the policy of the City to minimize the disturbances of wetlands and to encourage their use only for the purposes that are compatible with their natural functions and environmental benefits. 21-41.02 - Wetland Identification Wetlands are defined in Section 21-20. Where the natural boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a surveyed elevation measured at a location in the same wetland where the natural line is clear. In the event an undeveloped area Rev.9-11-06(Land Development Code) *12/10 IV-1 has been recently cleared of all vegetation, the wetland boundary may be determined by soil type, aerial mapping, photography, hydrology or other historical information as appropriate and approved by the City. The most restrictive wetland boundary as determined by authorized regulatory agencies shall be accepted. 21-41.03 - Permit Requirements It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy or alter any wetland or wetland buffer as defined in Article II on any lot or portion thereof without obtaining a wetland alteration permit in accordance with the provisions of this Article. An applicant must obtain all other required permits from all appropriate agencies. Unless proper Federal/State approval has been granted a Wetland Alteration Permit must be obtained from the City and/or Volusia County. Wetland Alteration Permits may be issued concurrent or in conjunction with other land development permits. It is the intent of this Section that construction of a single-family dwelling on upland areas which do not alter by removing, filling, draining, dredging, clearing or destroying any wetland or wetland buffer shall not require a separate wetland alteration permit pursuant to this Section. 21-41.04 - Buffer Requirements a. A minimum buffer of fifty feet(50') upland from the mean high water line and a minimum of twenty-five feet (25') upland from the wetland boundary shall be established adjacent to and surrounding all wetlands. The buffer may coincide with the required setback on a lot pursuant to Article V. There shall be no development activities in the buffer, except for direct access to water bodies. b. Maintenance activities which does not have a significant adverse effect on the natural function of the buffer may be allowed within the buffer. The activities which may be permitted include but are not limited to pruning, planting of suitable native vegetation, removal of exotic and nuisance pioneer plant species and the creation and maintenance of walking trails. See Section 21-53.07 for shoreline protection standards. SECTION 21-42 - FLOOD PLAINS 21-42.01 - Comprehensive Plan Reference The provisions of Section 21-42 - Flood Plains are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element, Coastal Element and Conservation Element. •N-- .. . . ... . . • . . • - - . . . • Rev.9-11-06(LandDevelopmentCode) IV-2 *12/10 21 A7 03 A pplic..hility This Section shall apply to all areas identified as lying below the 100 year flood elevation. No structure or land, shall hereafter be located, extended, converted or structurally altered, within identified flood plain areas without compliance with the terms of this Section and all other applicable regulations. The areas of special flood hazard are identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map, which are available for review in the Development Services Department. a. Intent Development within flood prone areas is strongly discouraged, this provision specifies the minimum design standards necessary for mitigating any adverse impacts to the surrounding area that may be related to drainage, public health or public safety. b. Applicability Provisions for flood hazard reduction shall be enforced upon all proposed development and re development located within the City, independent of proposed land use. c. A development permit shall be required prior to the commencement of any development • - _ I I _ and are described below. d. New construction, or substantial improvement, of any residential structure shall have the lowest floor, including basement, elevated no less than one foot (1') above the base flood elevation or crown of the paved road whichever is greater, or 16 inches (16") above an ue c. Exemptions/Exceptions The City will exempt any proposed development and/or cubic yards of fill material placed below the applicable on site 100 year flood elevation. f. The on site 100 year flood elevation shall be established to the satisfaction of the City Engineer. 1. Establishing the 100 year flood elevation may be based upon a combination of: FEMA FIS, FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature; and site specific assessments signed and sealed by a 2. Projects located near the coast should evaluate any flooding effects associated with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones A, AE, AH and AO). Rev 9-11-06(LandDevelopmentCode) IV-3 *12/10 3. In the case of conflicting information, the City will rely upon the highest justified. 1. Under no circumstances will the City accept a 100 year flood elevation determined by overlaying a FEMA Zone A, AE, AH or AO delineation with any topographic contour information. g. Construction plans and drainage basin maps shall be annotated clearly and accurately to Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e. 1 foot topographic contour interval and 100 year flood elevation to one decimal comply with these design standards. Flood plains shall be delineated for all storage areas located within the property boundary as defined by the pre development topography, even if these areas are not illustrated on FEMA FIRM panels. h. Historically, flood elevations published by FEMA and other governmental agencies have been determined using the NGVD29 datum. In the event that topographic contours developed in the field by ground survey techniques utilize the NAVD88 datum, or for that matter any other vertical datum, a "datum shift" may be required to "adjust" the applicable on site 100 year flood elevation to a common and consistent datum. i. The SHGWT shall be established by drilling a sufficient number of geotechnical borings, whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all wetlands, depressions and any other low areas within the property j. Flood plain encroachment shall be computed for all fill placed within the flood plain below the 100 year flood elevation and above the predicted SHGWT or SHWL. k. Encroachments within the published flood way will not be approved under any circumstances. 1. Compensatory storage for 100 year flood plain encroachments shall be provided in 1. Compliance will be based upon a volume for volume (cup for cup) methodology, with the volume of compensation-equal to the volume of encroachment at each and every elevation (1 foot contour interval). Providing compensating storage flood plain management for all storm events of magnitude less than 100 year storm event and is intended to prevent cumulative water quantity impacts. Rev.9-11-06(LandDevelopmentCode) IV-4 *12/10 2. Storage creation must occur below the existing 100 year flood elevation and above the predicted SHGWT and/or SHWL. 3. Compensation must occur within dedicated storage areas excavated contiguous to the existing 100 year flood plain. d. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the prepesed-Elevelepmefit-: 5. The City may approve the creation of off site compensatory storage areas located outside the property boundary on a case by case basis. The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately m. Special stormwater management criteria may be enforced upon any development that • • l Any variances to the requirements of this Section shall be administered pursuant to the requirements of Section 21 100. Any appeals of the decisions of any City official shall be in - 21-42.02 –Administration a. General 1. Title - These regulations shall be known as the Floodplain Management Ordinance of the City of Edgewater, hereinafter referred to as"this Section." 2. Scope - The provisions of this Section shall apply to all development that is wholly within or partially within any flood hazard area,including but not limited to the subdivision of land;filling,grading,and other site improvements and utility installations; construction,alteration,remodeling,enlargement, improvement, replacement,repair,relocation or demolition of buildings, structures,and facilities that are exempt from the Florida Building Code; placement, installation,or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks;placement of recreational vehicles; installation of swimming pools;and any other development. 3. Intent—Development within flood prone areas is strongly discouraged. The purposes of this Section and the flood load and flood resistant construction Rev 9-11-06(LandDevelopmentCode) IV-5 *12/10 requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (a) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (b) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (c) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (d) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (e) Minimize damage to public and private facilities and utilities; (f) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (g) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (h) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 4. Coordination with the Florida Building Code - This Section is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 5. Warning- The degree of flood protection required by this Section and the Florida Building Code, as amended by the City, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This Section does not imply that land outside of mapped special flood hazard areas,or that uses permitted within such flood hazard areas,will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency,requiring the City to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guarantee of vested use, existing use, or future use is implied or expressed by compliance with this Section. Rev.9-11-06(LandDevelopmentCode) IV-6 *12/10 6. Disclaimer of Liability - This Section shall not create liability on the part of the City Council of the City of Edgewater or by any officer or employee thereof for any flood damage that results from reliance on this Section or any administrative decision lawfully made there under. b. Applicability 1. General - Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 2. Areas to which this Section applies - This Section shall apply to all flood hazard areas within the City of Edgewater, as established in Section 102.32 1-42.02b.3 of this Section. No structure ofr land shall hereafter be located, extended, converted, or structurally altered within identified special flood hazard areas without compliance with the terms of this Section and all other applicable regulations. Provisions for flood hazard reduction shall be enforced upon all proposed development and re-development located within the City independent of proposed land use. No grandfathering provisions will be allowed for lots of record, platted subdivisions, etc. 3. Basis for establishing flood hazard areas - The "Flood Insurance Study for (insert title7-Volusia County, Florida and Incorporated Areas" dated February 19, 2014, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this Section and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City Development Services Department, 104 North Riverside Drive, Edgewater, FL 32132. (a) Submission of additional data to establish flood hazard areas - To establish flood hazard areas and base flood elevations, pursuant to Section -9521- 42.02e. of this Section the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this Section and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation,the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Rev 9-11-06(LandDevelopmentCode) IV-7 *12/10 4. Other laws - The provisions of this Section shall not be deemed to nullify any provisions of local, state or federal law. 5. Abrogation and greater restrictions - This Section supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this Section and any other ordinance, the more restrictive shall govern. This Section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Section. 6. Interpretation- In the interpretation and application of this Section, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. c. Duties and Powers of the Floodplain Administrator 1. Designation- The Development Services Director and/or the designee thereof is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 2. General - The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this Section. The Floodplain Administrator shall have the authority to render interpretations of this Section consistent with the intent and purpose of this Section and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations,policies, and procedures shall not have the effect of waiving requirements specifically provided in this Section without the granting of a variance pursuant to Section 107 of this Section. 3. Applications and permits - The Floodplain Administrator, in coordination with other pertinent offices of the City, shall: (a) Review applications and plans to determine whether proposed new development will be located in flood hazard areas (b) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this Section; Rev.9-11-06(LandDevelopmentCode) IV-8 *12/10 (c) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (d) Provide available flood elevation and flood hazard information; (e) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (f) Review applications to determine whether proposed development will be reasonably safe from flooding; ,(g) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this Section is demonstrated, or disapprove the same in the event of noncompliance; and (h) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this Section. 4. Substantial improvement and substantial damage determinations - For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable,to the market value of the building or structure; (c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the Rev 9-11-06(LandDevelopmentCode) IV-9 *12/10 flood resistant construction requirements of the Florida Building Code and this Section is required. 5. Modifications of the strict application of the requirements of the Florida Building Code - The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 421-42.02g of this Section. 6. Notices and orders - The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this Section. 7. Inspections - The Floodplain Administrator shall make the required inspections as specified in Section 49621-42.02f of this Section for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 8. Other duties of the Floodplain Administrator- The Floodplain Administrator shall have other duties, including but not limited to: (a) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.121 42.02c.4 of this Section; (b) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (c) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries,or floodway designations; such submissions shall be made within 6 months of such data becoming available; (d) Review required design certifications and documentation of elevations specified by this Section and the Florida Building Code and this Section to determine that such certifications and documentations are complete; and Rev.9-11-06(LandDevelopmentCode) IV-10 *12/10 (e) Notify the Federal Emergency Management Agency when the corporate boundaries of the City are modified. 9. Floodplain management records - Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Section and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this Section; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the City Development Services Department, 104 North Riverside Drive, Edgewater, FL 32132. d. Permits 1. Permits required- Any owner or owner's authorized agent(hereinafter "applicant") who intends to undertake any development activity within the scope of this Section, including buildings, structures and facilities exempt from the Florida Building Code,which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this Section and all other applicable codes and regulations has been satisfied. The standards for issuing development permits shall comply with Title 44 Code of Federal Regulations Chapter 1. Section 60.3 Parts(A),(B), and(C), and are described in this Section. 2. Floodplain development permits or approvals-Floodplain development permits or approvals shall be issued pursuant to this Section for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. Rev 9-11-06(LandDevelopmentCode) Iv-11 *12/10 (a) Buildings, structures and facilities exempt from the Florida Building Code - Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this Section: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee"means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical,plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 3. Application for a permit or approval - To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (a) Identify and describe the development to be covered by the permit or approval. (b) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. Rev.9-11-06(LandDevelopmentCode) IV-12 *12/10 (c) Indicate the use and occupancy for which the proposed development is intended. (d) Be accompanied by a site plan or construction documents as specified in Section 105 of this Section. (e) State the valuation of the proposed work. (f) Be signed by the applicant or the applicant's authorized agent. (g) Give such other data and information as required by the Floodplain Administrator. 4. Validity of permit or approval - The issuance of a floodplain development permit or approval pursuant to this Section shall not be construed to be a permit for, or approval of, any violation of this Section, the Florida Building Codes, or any other ordinance of the City. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 5. Expiration- A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 6. Suspension or revocation - The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this Section or any other ordinance, regulation or requirement of the City. 7. Other permits required- Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (a) The St. Johns River Water Management District; section 373.036, F.S. (b) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (c) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (d) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. Rev 9-11-06(LandDevelopmentCode) IV-13 *12/10 (e) Federal permits and approvals. e. Site Plans and Construction Documents 1. Information for development in flood hazard areas - The site plan or construction documents for any development subject to the requirements of this Section shall be drawn to scale and shall include, as applicable to the proposed development: (a) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. Topographic and special flood hazard area mapping shall provide a minimum accuracy to a tenth of a foot (i.e. 1-foot topographic contour interval and base flood elevation to one decimal accuracy). USGS Quadrangle maps depicting 5-foot topographic contours are not adequate to comply with these design standards. (b) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section '0c 2(2) or (3)21-42.02e.2(b) or(c) of this Section. (c) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study., such elevations shall be established in accordance with Section 21- 42.02e.2(a)444-5,2{44 of this Section. (d) Location of the proposed activity and proposed structures, and locations of existing buildings and structures. (e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (g) Existing and proposed alignment of any proposed alteration of a watercourse. (h) The SHGWT shall be established by drilling a sufficient number of geotechnical borings whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all wetlands, depressions, and any other low areas within the property boundary that are capable of impounding stormwater runoff on the undeveloped property. Rev.9-11-06(LandDevelopmentCode) IV-14 *12/10 The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this Section but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this Section. 2. Information in flood hazard areas without base flood elevations (approximate Zone A) - Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (b) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (c) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (2) Specify that the base flood elevation is three (3) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than three (3) feet. (d) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 3. Additional analyses and certifications - As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (a) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake Rev 9-11-06(LandDevelopmentCode) IV-15 *12/10 development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.121- 42.02e.4 of this Section and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (b) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (c) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 21-42.02e.4105.4 of this Section. 4. Submission of additional data- When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. f. Inspections 1. General - Development for which a floodplain development permit or approval is required shall be subject to inspection. (a) Development other than buildings and structures - The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this Section and the conditions of issued floodplain development permits or approvals. (b) Buildings, structures and facilities exempt from the Florida Building Code - The Floodplain Administrator shall inspect buildings, structures Rev.9-11-06(LandDevelopmentCode) IV-16 *12/10 and facilities exempt from the Florida Building Code to determine compliance with the requirements of this Section and the conditions of issued floodplain development permits or approvals. (1) Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection-Upon placement of the lowest floor, including basement, and prior to further vertical construction,the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest floor,the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 05b)21-42.02e.2.(c)(2) of this Section, the documentation of height of the lowest floor above highest adjacent grade,prepared by the owner or the owner's authorized agent. (2) Buildings, structures and facilities exempt from the Florida Building Code, final inspection - As part of the final inspection,the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.121- 42.02£1.(b)(1) of this Section. (c) Manufactured homes - The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. g. Variances and Appeals 1. General- -- ' . • • •• . . _. • : . - • • . . . - .. . - . , - --- I . • . • . . . . _. • . . . . . • _. Rev 9-11-06(LandDevelopmentCode) IV-17 *12/10 Any Variances to the requirements of this Section shall be administered pursuant to the requirements of Section 21-100. Any appeals of the decisions of any City officials shall be in accordance with the procedure contained in Article I of the Land Development Code.. . . •• • • the Floodplain Administrator in the administration and enforcement of this • . . ' . . •. - • the decision of the City Council may appeal such decision to the Circuit Court, as .. .. . . . • shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.6 of this Section, the conditions of issuance set forth in Section 107.7 of this Section, and the comments and recommendations of the Floodplain Administrator and the • • Section. 2. Restrictions in floodways -A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.321-42.02e.3 of this Section. 3. Historic buildings -A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 4. Functionally dependent uses - A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this Section, provided the variance meets the requirements of Section 107.3.121-42.02g.2, is the minimum necessary Rev.9-11-06(LandDevelopmentCode) IV-18 *12/10 considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 5. Considerations for issuance of variances - In reviewing requests for variances, the Consideration shall be given to all relevant factors, all other applicable provisions of the Florida Building Code, this Section, and the following: (a) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (d) The importance of the services provided by the proposed development to the community; (e) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (f) The compatibility of the proposed development with existing and anticipated development; (g) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (h) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (j) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 6. Conditions for issuance of variances - Variances shall be issued only upon: (a) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this Section or the required elevation standards; (b) Determination by the Planning and Zoning Board that: (1) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot Rev 9-11-06(LandDevelopmentCode) Iv-19 *12/10 undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (2) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (3) The variance is the minimum necessary, considering the flood hazard, to afford relief; (c) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (d) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. h. Violations 1. Violations - Any development that is not within the scope of the Florida Building Code but that is regulated by this Section that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Section, shall be deemed a violation of this Section. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this Section or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 2. Authority - For development that is not within the scope of the Florida Building Code but that is regulated by this Section and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 3. Unlawful continuance - Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe Rev.9-11-06(LandDevelopmentCode) IV-20 *12/10 condition, shall be subject to penalties as prescribed : . : , : . , Odin Section 1-8 of the City Code of ordinances regarding "General Penalty, continuing violations". 21-42.023—Definitions a. General 1. Scope - Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Section, have the meanings shown in this section. 2. Terms defined in the Florida Building Code - Where terms are not defined in this Section and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 3. Terms not defined - Where terms are not defined in this Section or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. b. Definitions Alteration of a watercourse - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal- A request for a review of the Floodplain Administrator's interpretation of any provision of this Section or a request for a variance. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood- A flood having a 1-percent chance of being equaled or exceeded in any given year. f Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood." Base flood elevation - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum(NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement- The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Rev 9-11-06(LandDevelopmentCode) IV-21 *12/10 Design flood- The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year or 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation - The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number(in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.1 Development- Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment - The placement of fill, excavation, buildings,permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure - Any buildings and structures for which the"start of construction" commenced before September 3, 1980. [Also defined in FBC, B, Section 1612.2.1 Existing manufactured home park or subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 3, 1980. Expansion to an existing manufactured home park or subdivision - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) - The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding- A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.1 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials- Any construction material capable of withstanding direct and Rev.9-11-06(LandDevelopmentCode) IV-22 *12/10 prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Flood hazard area - The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) - The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS) - The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain Administrator-The office or position designated and charged with the administration and enforcement of this Section(may be referred to as the Floodplain Manager). Floodplain development permit or approval-An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this Section. Floodway- The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.21 Floodway encroachment analysis - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code -The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities Rev 9-11-06(LandDevelopmentCode) IV-23 *12/10 that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure - Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of Map Change (LOMC) -An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: 1. Letter of Map Amendment(LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. 2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. 3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is,therefore, no longer located within the special flood hazard area. In order to qualify for this determination,the fill must have been permitted and placed in accordance with the community's floodplain management regulations. 4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck-As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off-street or off-highway operation and use. Rev.9-11-06(LandDevelopmentCode) IV-24 *12/10 Lowestfloor- The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home - A structure,transportable in one or more sections, which is eight(8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.l Manufactured home park or subdivision -A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value - The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this Section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction - For the purposes of administration of this Section and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 3, 1980 and includes any subsequent improvements to such structures. New manufactured home park or subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 3, 1980. Park trailer- A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.I Recreational vehicle - A vehicle, including a park trailer, which is: 'see in section 320.01, F.S.) 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and Rev 9-11-06(LandDevelopmentCode) IV-25 *12/10 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. SpecialJlood hazard area - An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction - The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction"means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substantial damage - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement- Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] 1. Any project for improvement of a building required to correct existing_health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance - A grant of relief from the requirements of this Section, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this Section or the Florida Building Code. Watercourse - A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. Rev.9-11-06(LandDevelopmentCode) IV-26 *12/10 21-42.04A—Flood Resistant Development a. Compensatory Storage— Compensatory storage for encroachments to the special flood hazard area shall be provided in accordance with the following methodology: 1. Encroachment to the special flood hazard area shall be computed for all fill placed within the special flood hazard area below the base flood elevation and above the predicted SHGWT or SHWL 2. Compliance will be based upon a volume for volume (cup for cup) methodology. with the volume of compensation equal to the volume of encroachment at each and every elevation (1-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent flood plain management for all storm events of magnitude less than the base flood event and is intended to prevent cumulative water quantity impacts. 3. Storage creation must occur below the existing base flood elevation and above the predicted SHGWT and/or SHWL. 4. Compensation must occur within dedicated storage areas excavated contiguous to the existing special flood hazard area. 5. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. 6. The City may approve the creation of off-site compensatory storage areas located outside the property boundary on a case-by-case basis. 7. The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems and/or off-site properties. b. Buildings and Structures 1. Design and construction of buildings, structures and facilities exempt from the Florida Building Code -Pursuant to Section 10'1.2.121-42.02d.2.(a)of this Section, buildings, structures,and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 321-42.04h of this Section. bc. Subdivisions 1. Minimum requirements - Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and Rev 9-11-06(LandDevelopmentCode) IV-27 *12/10 will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision plats - Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (a) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (b) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 'n ;21-42.02e.2.(a) of this Section; and (c) Compliance with the site improvement and utilities requirements of Section X321-42.04d of this Section. ed. Site Improvements, Utilities and Limitations 1. Minimum requirements - All proposed new development shall be reviewed to determine that: (a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (b) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary sewage facilities - All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters., and impairment of the facilities and systems. Rev.9-11-06(LandDevelopmentCode) IV-28 *12/10 3. Water supply facilities - All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on sites in regulatory floodways -No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section '021-42.02e.3.(a) of this Section demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 5. Limitations on placement of fill - Subject to the limitations of this Section, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 4e. Manufactured Homes 1. General All All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S.,and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this Section. (a) Limitations on installation in floodways New New installations of manufactured homes shall not be permitted in floodways. 2. Foundations - All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this Section. 3. Anchoring All All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4. Elevation- Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.4.1 or 301.1.221-42.04e.4.(a) or(b) of this Section, as applicable. Rev 9-11-06(LandDevelopmentCode) IV-29 *l2/10 (a) General elevation requirement - Unless subject to the requirements of Section 21-42.04e.4.(b)301.4.2 of this Section, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or(d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A). (b) Elevation requirement for certain existing manufactured home parks and subdivisions - Manufactured homes that are not subject to Section 21- 42.04e.4.(b)304.4.1 of this Section, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 5. Enclosures - Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas. 6. Utility equipment- Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322. ef. Recreational Vehicles and Park Trailers 1. Temporary placement - Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (a) Be on the site for fewer than 180 consecutive days; or (b) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has Rev.9-11-06(LandDevelopmentCode) IV-30 *12/10 no permanent attachments such as additions, rooms, stairs, decks and porches. 2. Permanent placement - Recreational vehicles and park trailers that do not meet the limitations in Section 305.121-42.04E1 of this Section for temporary placement shall meet the requirements of Section 39421-42.04e of this Section for manufactured homes. fg. Tanks 1. Underground tanks - Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood., including the effects of buoyancy assuming the tank is empty. 2. Above-ground tanks, not elevated Above- Above-ground tanks that do not meet the elevation requirements of Section 306.321-42.04g.3 of this Section shall be permitted in flood hazard areas „rovidedareas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. 3. Above-ground tanks, elevated Above- Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank inlets and vents - Tank inlets, fill openings, outlets and vents shall be: (a) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. gh. Other Development 1. General requirements for other development - All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this Section or the Florida Building Code, shall: (a) Be located and constructed to minimize flood damage; (b) Meet the limitations of Section 303. 121-42.04d.4 of this Section if located Rev 9-11-06(LandDevelopmentCode) IV-31 *12/10 in a regulated floodway; (c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (d) Be constructed of flood damage-resistant materials; and (e) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in regulated floodways Fences- Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 21-42.04d.4303.'1 of this Section. 3. Retaining walls, sidewalks and driveways in regulated floodways—Retaining- Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 21-42.04d.4303.'1 of this Section. 4. Roads and watercourse crossings in regulated floodways - Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this Section. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3(3)21- 42.02e.3.(c) of this Section. SECTION 21-43 -WELLFIELD PROTECTION 21-43.01 - Comprehensive Plan Reference The City finds there is need to protect the existing and future water supplies from adverse impacts of contamination. The City also finds that its potable water wellfields are a resource that may be subject to irreversible degradation if not adequately protected. The provisions of Section 21-43 –Wellfield Protection Areas are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal Element, Conservation Element and Intergovernmental Coordination Element. 21-43.02 - Designation of Wellfield Protection Zones (WPZ) The primary and secondary potable water wellfield Protection Zones are hereby established as five hundred feet (500') radius from the well as the primary zone and one thousand feet (1,000') Rev.9-11-06(LandDevelopmentCode) IV-32 *12/10 radius from the well as the secondary zone. These zones, and the regulations that follow, are established to protect the potable water supply from possible contamination. A permit is required for any development or occupational use within the wellfield protection zone. a. Except as otherwise provided in this Section, any use, handling, production or storage of hazardous materials shall be prohibited in the primary protection zone. Any existing use, or handling, production or storage of hazardous materials shall be considered a nonconforming use and shall apply for a wellfield protection permit as provided in Section 21-43.03 and be subject to the containment standards in Section 21-43.04. b. Except as otherwise provided in this Section, any new or existing nonresidential use, or the handling, production or storage of hazardous substances in the secondary protection zone shall apply for a wellfield protection permit as provided in Section 21-43.03. 21-43.03 -Wellfield Protection Zone Permits a. The Director of Environmental Services shall be responsible to administer the wellfield protection zone permit program. b. Application for a wellfield protection permit shall be signed by the applicable owner or agent. c. The City shall issue, or renew such permit, upon the applicant's satisfactory demonstration that all standards required by this Section and other applicable regulations have been met and the appropriate fee as established by resolution have been paid. d. A potential applicant is required to arrange a pre-application conference with the Director of Environmental Services to discuss the permit application criteria and process. e. The City shall review applications, for compliance with the requirements of this Section and no application shall be approved unless compliance is demonstrated. Permits or business tax receipts issued in violation of this Section confer no right or privilege to the grantee. f. The following information shall be submitted by the applicant seeking a wellfield protection zone permit: 1. A current survey signed and sealed by a licensed surveyor that, at a minimum, depicts all existing structures, adjacent streets, water bodies and public water supply wells. 2. A legal description of the subject property. 3. A description of the proposed activity at the proposed location, including a list of all known hazardous substances that may be utilized, generated and/or stored at the subject property. 4. Construction plans and specifications for hazardous substance storage system, including but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak protection, overfill protection and access and an Rev 9-11-06(LandDevelopmentCode) Iv-33 *12/10 operating plan. g. Any person owning or operating a non-residential activity regulated by this Section at the time of adoption of this Article shall apply for a wellfield protection zone permit within one year and shall thereafter come into full compliance with the requirements of this Section. 21-43.04 -Wellfield Protection Zone Standards a. A proposed project, construction activity or business tax receipt use shall not adversely affect the quality and quantity of the potable water supply within the primary and secondary wellfield protection zone. In assessing the impacts of a proposed activity, the City shall consider the cumulative impacts of other projects or uses permitted in, or adjacent to, the Secondary Protection Zone. b. No discharge or disposal of hazardous substances into the soils, groundwater or surface water within either the Primary or Secondary Protection Zone will be allowed. c. Hazardous substance storage tanks are prohibited in the Primary Protection Zone. d. Hazardous substance storage tanks in the Secondary Protection Zone shall be constructed and operated in compliance with 17-762 Florida Administrative Code. e. The commercial and residential application of certain regulated substances such as pesticides, herbicides, rodenticides and fungicides shall be permitted in the protection zones subject to the following conditions: 1. The application is in compliance with the use requirements on the EPA substances list and as indicated on the containers in which the substances are sold. 2. The application is in compliance with the requirements of Chapters 482 and 487, Florida Statutes and Chapters 5E-2 and 5E-9, Florida Administrative Code. 3. The application of any of the pesticides, herbicides, fungicides and rodenticides shall be noticed in the records of the certified operator of the use. The certified operator shall provide specific notification to the applicators that special care is required. Said public records shall include, at a minimum, the amount of substances used, the location of use and the date of the application. 4. Septic disposal systems are prohibited in both protection zones. 5. Existing underground storage facilities in either protection zone shall meet the construction retrofit standards of Chapter 17-761, F.A.C. 21-43.05 - Exemptions The following activities or uses are exempt from the provision of this Article: a. The transportation of any hazardous substance through either the primary or secondary well field protection zone, provided the transporting vehicle is in transit. b. Agricultural uses, including mosquito control, except that said uses shall comply with Florida Statutes Chapter 487, Section 487.011 et seq., the Florida Pesticide Law, and the Florida Rev.9-11-06(LandDevelopmentCode) IV-34 *12/10 Pesticide Application Act of 1974 and Rule 5E 2.001 et seq., and Rule 5E-9.001 et seq., F.A.C. c. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle. d. Storage tanks which are constructed and operated in accordance with the storage tank regulations as set forth in the Florida Administrative Code. e. Geotechnical borings. 21-43.06 - Enforcement and Appeals a. Any violation of the provisions of this Section may subject the property owner, and/or facility operator, to the enforcement provisions of Article X. b. The appeals process is described in Article I. SECTION 21-44 - GROUNDWATER RECHARGE AREAS 21-44.01 - Comprehensive Plan Reference Chapter 373, F.S. declares that the protection of groundwater is necessary to protect future potable water supplies. Chapter 163, Part II, F.S. requires each local government to protect identified recharge areas. The provisions of Section 21-44 — Groundwater Recharge Areas are consistent with and implement the City's Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal Element and Intergovernmental Coordination Element. 21-44.02 - Designation of Recharge Areas The mapped recharge areas subject to the regulations herein are designated by the St. Johns River Water Management District and are available for review at City Hall. 21-44.03 - Recharge Area Development Standards The following standards are required for development projects within the Recharge Area. a. All stormwater runoff shall be retained on-site in compliance with all applicable state and local regulations. b. Any use that manufactures or stores hazardous materials/substances as defined in Section 21- 20 shall be prohibited. c. Landfills, sludge disposal and incinerators shall be prohibited. d. Spray irrigation of treated sewage effluent may be permitted in compliance with applicable Florida Department of Environmental Protection permit criteria. e. All agricultural and/or silvicultural uses, shall employ the latest applicable Best Management Rev 9-11-06(LandDevelopmentCode) *12/10 IV-35 Practices and Integrated pest Management Plans available from either the Soil Conservation Service and/or the Florida Department of Agriculture and Consumer Services. f. All underground storage tanks shall comply with the requirements of Chapters 62-761 and 62-762, F.A.0 and shall be triple walled with impervious material and designed for one hundred twenty percent (120%) of the proposed capacity. g. All uses existing at the time of adoption of this Code shall come into compliance with these requirements by January 1, 2003. SECTION 21-45 - SENSITIVE HABITAT AREAS 21-45.01 - Comprehensive Plan Reference The purpose of this Section is to protect the City's significant natural resources. These regulations are supplemental to and do not supercede applicable State and/or Federal regulations. The provisions of Section 21-45 - Sensitive Habitat Areas are consistent with and implement the Comprehensive Plan contained in the Utilities Element, Coastal Element, Conservation Element and Intergovernmental Coordination Element. 21-45.02 - Development Thresholds & Exemptions a. The Listed Species requiring protection are those described as endangered or threatened by Federal and State regulatory agencies. b. Nothing in this Section exempts any proposed development activity from complying with all appropriate State and Federal regulations. 21-45.03 - Listed Species Assessment Procedures a. When the pre-application conference for a proposed project determines the possibility of one or more listed species inhabiting a site, the applicant shall submit an assessment to the Development Services Department on the forms provided by the Department. This application shall be completed by a qualified professional and include the following: 1. The name, address and signature of the property owner; 2. The name, address and signature of the applicant; 3. A legal description of the subject property; 4. A recent property survey; 5. A description and location of the listed species found on the proposed site; 6. A description of the field surveying techniques used; and 7. Other material as may be deemed appropriate by the Development Services Director. b. When a listed species is found, the applicant may be required to submit a mitigation program to protect the listed species. The mitigation program shall be evaluated as follows: 1. Approval by Florida Fish and Wildlife Commission; Rev.9-11-06(LandDevelopmentCode) *12/10 IV-36 2. Provision of any permits needed from State and/or Federal agencies; 3. The dedication of a conservation easement to the City and/or any other applicable agencies. SECTION 21-46—OPEN SPACE 21-46.01 - Comprehensive Plan Reference The purpose of this Section is to protect the City's designated open space. These regulations are supplemented to and do not supercede applicable State and/or Federal regulations. The provisions of Section 21-46, Open Space, are consistent with and implement the Comprehensive Plan in the Future Land Use Element and the Recreation and Open Space Element. 21-46.02 - Open Space Standards a. All proposed development/redevelopment shall be designed to ensure the protection of existing designated open space areas. b. All proposed residential development/redevelopment shall provide a minimum of twenty five percent (25%) common open space as defined in Article II. Sections 21-47 through 21-48 reserved for future use. I I Rev 9-11-06(LandDevelopmentCode) *12/10 IV-37 Sb AGENDA REQUEST Date: December 19, 2013 PUBLIC HEARING January 6, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2°d Reading-Ordinance#2014-0-02 Amending Chapter 7(Buildings and Construction; Fire Safety), Article I (In General) by repealing and restating Section 7-1 (Incorporation of the Florida Building Code) BACKGROUND: Chapter 553, Florida Statutes, was adopted to provide a mechanism for the uniform adoption, updating, etc. of a state building code and allows adoption of local administrative amendments. Section 553.73(5),Florida Statutes allows local amendments to the Florida Building Code to implement the National Flood Insurance Program. It has been determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. Article IX (Swimming Pools) has not been modified since 1992 (Ordinance #92-0-7) and is now incorporated within Chapter 21 (Land Development Code);therefore will be repealed from this Chapter. STAFF RECOMMENDATION: Staff recommends approval of Ordinance#2014-0-02. ACTION REQUESTED: Motion to approve Ordinance#2014-0-02. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: January 6, 2014 AGENDA ITEM# 8b. Re•pe tfully sub ,tted, Concurrence: O. Ddr en Lear Robin L. Matusick Development Services Director Paralegal Tracey '.Barlow City anager ORDINANCE NO. 2014-0-02 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 7 (BUILDINGS AND CONSTRUCTION; FIRE SAFETY), ARTICLE I (IN GENERAL) BY REPEALING AND RESTATING SECTION 7-1 (INCORPORATION OF THE FLORIDA BUILDING CODE) AND BY REPEALING ARTICLE IX (SWIMMING POOLS) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, Chapter 7 (Buildings and Construction; Fire Safety), Article I (In General) has not been modified since 2002 (Ordinance #2002-0-03, 2002-0-16) and Article IX (Swimming Pools) has not been modified since 1992 (Ordinance#92-0-07). WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code; and WHEREAS, the City Council is adopting a requirement to increase the minimum elevation requirement for buildings and structures in flood hazard areas and pursuant to section 553.73(5), F.S., in formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Council adopted a requirement to limit first floor elevation to no less than one (1) foot above the base flood elevation for buildings and structures in flood hazard 1 Strike through passages are deleted. Underlined passages are added. #2014-0-02 areas prior to July 1, 2010 and, pursuant to section 553.73(5), F.S. is formatting that requirement to coordinate with the Florida Building Code. WHEREAS, amending certain sections of Chapter 7 (Buildings and Construction; Fire Safety), Article (In General) and by repealing Article IX (Swimming Pools), incorporates changes bringing consistency with the Floodplain Management Plan which is contained in Chapter 21 (Land Development Code), Article IV (Resource Protection Standards), Section 21- 40 (General Provisions) and Section 21-42 (Flood Plains) and by incorporating the requirements contained in Chapter 21 (Land Development Code) relating to swimming pools regulations. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING CHAPTER 7 (BUILDINGS AND CONSTRUCTION; FIRE SAFETY), ARTICLE I (IN GENERAL) BY REPEALING AND RESTATING SECTION 7-1 (INCORPORATION OF THE FLORIDA BUILDING CODE) AND BY REPEALING ARTICLE IX (SWIMMING POOLS) IN ITS ENTIRETY OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. Amend Chapter 7 (Buildings and Construction; Fire Safety), Article I (In General) by repealing and restating Section 7-1 (Incorporation of the Florida Building Code) and by repealing Article IX (Swimming Pools) in its entirety of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the 2 Strike through passages are deleted. Underlined passages are added. #2014-0-02 remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilman Emter with the vote on the first reading of this ordinance held on January 6, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X Councilman Gene Emter X 3 Strike through passages are deleted. Underlined passages are added. #2014-0-02 After Motion to approve by with Second by , the vote on second reading/public hearing of this ordinance held on February 3, 2014 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 3rd day of February, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 3rd day of legality by: Aaron R. Wolfe, Esquire February, 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 4 Strik-e-threugh passages are deleted. Underlined passages are added. #2014-0-02 Exhibit "A" Chapter 7 (BUILDINGS AND CONSTRUCTION; FIRE SAFETY) ARTICLE I (IN GENERAL) Article I. IN GENERAL is hereby repealed and restated as follows: Sec. 7 1. Incorporation of the Florida Building Code. (a) [Florida Building Code adopted.] The Florida Building Code as referenced by F.S. §553.73, is hereby adopted for use within the city. (b) Local amendment to Chapter 1 Administration. F.S. §553.73(4)(a), authorizes in the Florida Building Code. The City of Edgewater wishes to enact amendments to Chapter 1 Administration as contained in Exhibit "A" as provided by the Building Officials Association of Florida, Inc., and which is attached hereto and incorporated herein. Said amendment shall be binding as it relates to regulating various aspects of construction and reconstruction. 101.3.3 Permitting and inspection. The inspection or permitting of any building, construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the jurisdiction nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee of jurisdiction is found willful disregard of the safety, health and welfare of the public. 101.4.2.3.2 Unsafe buildings shall be abated using the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the Southern Building Code Congress International, Inc., subject to all amendments, modifications or deletions hereinafter wed. 101.4.13 Rules of construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules chapter which contains any express provisions excluding such construction, or where the 101.4.13.1 Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the of this state for the same terms. 5 Strike through passages are deleted. Underlined passages are added. #2014-0-02 101.4.13.2 Text. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control. 101.4.13.3 Delegation of authority. Whenever a provision app ars requiring the building official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the building official or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. 101.4.13.1 Month. The word "month" shall mean a calendar month. 101.4.13.5 Shall, may. The word "shall" is mandatory; "may" is permissive. The word"shall"takes precedence over"may." 101.4.13.6 Written or in writing. The term "written" or "in writing" shall be otherwise 101.1.13.7 Year. The word "year" shall mean a calendar y ur, unless a fiscal year is indicated. 101.4.13.8 Interpretation. Interpretations of this chapter shall be made by the building official. 101.4.14 Words not defined. 101.4.11.1 Words not defined herein shall have the meaning stated in the Florida adopted elsewhere in this chapter. Words not defined in those documents shall have the 101.4.14.2 In case of a conflict in definitions or codes, the appropriate definition (or code) to be applied shall be the one applicable to the trade in question. In case of a conflict between different parts of this chapter, conflicts within the same code; or conflicts between the code;the more stringent requirements shall be applicable. 101.4.15 Words defined. Abandon or abandonment. (1) Termination of a construction project by a contractor without just cause or proper notification to the . - -- _ • . - termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred • . Appraised value. For the purpose of this section, appraised value is defined as either 6 Strileeugh passages are deleted. Underlined passages are added. #2014-0-02 certified appraisal from a certified appraiser. Assessed value. The value of real property and improvements thereon as established Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead. Based wind speed line. The basic wind speed line for the jurisdiction shall be as established by the wind speed contour map attached to, and made part of, this chapter if applicable. - ts. .. -• Building component. An element or assembly of elements integral to or part of a building. Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior Building system. A functionally related group of elements, components and/or equipment, such as the electrical,plumbing and mechanical systems of a building. Certification. The act or process of obtaining a certificate of com s . - - state or municipality through the review of the applicant's experience and financial responsibility as well as successful passage of an examination. Certificate of competency (certificate). An official document evidencing that a work of a specific trade. satisfied the work experience requirements for a certificate of competency. Certificate of occupancy (C.0.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building. Certified contractor. Any contractor who possesses a certificate of competency ._ .. Change of occupancy. A change from one Building Code occupancy classification or subclassification to another. Commercial building. Any building, structure, improvement or accessory thereto, other than a one or two family dwelling. 7 Strike through passages are deleted. Underlined passages are added. #2014-0-02 Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or at different times within a specified period of time. Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level. Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise. - - • .. . tion Industry Licensing Board. Imminent danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or due to structurally unsound conditions; any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby: Or the condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant. Intensification of use. An increase in capacity or number of units of a residential or commercial building. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof. Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied the all state or local requirements to be actively engaged in contracting. Market value. As defined in floodplain regulations of this code. Owner's agent. A person, firm or entity authorized in writing by the owner to act for or in place of the owner. Permit. An official document authorizing performance of a specific activity Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and record of inspections. 8 Stfileugh passages are deleted. Underlined passages are added. #2014-0-02 Qualifying agent, primary. A person who possess the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency. Qualifying agent, secondary. A person who possess the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by c-empetenc-y:- Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the examination required by this chapter. • . ..- - professional regulation of the State of Florida pursuant to fulfilling the competency Registration. The act or process of registering a locally obtained certificate of competency with the state, or the act of process of registering a state issued certificate of competency with the municipality. components of a building. Residential building Any one or two family building or accessory. Roofing. The installation of roof coverings. Spa. Any constructed or prefabricated pool containing water jets. Specialty contractor. A contractor whose services do not fall within the categories specified in section 489.105(3), Florida Statutes, as amended. Site: The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, dewatering, pilings and soil testing activities. Building: The removal, disassembly, repair, replacement, installation or assembly of the building, structure, building system or building components in whole or parts thereof. 9 Strike through passages are deleted. Underlined passages are added. #2014-0-02 Stop work order. An order by the building official, or his designee, which requires Structural component. Any part of a system, building or structure, load bearing or Structural work or alteration. The installation or assembling of new structural components into a system, building or structure. Also, any change, repair or replacement of any existing structural component of a system, building or structure. Substantial completion. Where the construction work has been sufficiently owner can occupy or utilize the project for the use for which it is intended. Value. Job cost. SECTION 102 BUILDING DEPARTMENT 102.1 Establishment. There is hereby established a department to be called the building 102.2 Employee qualifications. 102.2.1 Building official qualifications. The building official shall be licensed as a building code administrator by the State of Florida. The building official shall be hired by the city manager and shall not be removed from office except as provided pursuant to the personnel policies and procedures enacted by the city. 102.2.2 Employee qualifications. The building official, with approval of the city manager, may hire such number of officers, inspectors, plans examiners, assistants and other employees as shall be authorized from time to time. A person shall not be hired as inspector of plans examiner unless that person meets the qualifications for licensure as an Florida. 102.3 Restrictions on employees. An officer or employee connected with the ••- - , - . - . onnection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system or in the making owner of such. This officer or employee shall not engage in any other work which is business of the department. The records of the-department shall be open to public inspection. 10 Strike through passages are deleted. Underlined passages are added. #2014-0-02 102.5 Liability. Any officer or employee, or member of the board of adjustments and appeals, charged with the enforcement of this code, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of of the proceeding, unless such person is found to have acted in bad faith or with malicious of the public. SECTION 103 POWERS AND DUTIES OF THE BUILDING OFFICIAL • • - _ provision of this code. The building official shall have the authority to render interpretations of this code. The city may adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code, and shall not have the effect of waiving requirements specifically provided for in this code. 103.2 Right of entry. 103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official ha . • . - . . - - cxists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. 103.2.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other neglect, after proper request is made as herein provided, to promptly permit entry therein code. 103.3 Stop work orders. Upon notice form the building official, work on any building, 11 Strike through passages are deleted. Underlined passages are added. #2014-0-02 person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 103.4 Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error er on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of this code. 103.4.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on 103.4.2 Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with the provisions of this code. /03.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to humane life, or which in relation to the Standard Unsafe Building Abatement Code or other local ordinance. 103.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, specifically covered by this or the other technical codes, shall be determined by the building official. [SECTION 101 PERMITS} 104.1.6 Time limitations. Except as otherwise provided in this chapter, an application for a permit for any proposed work shall be deemed to have been abandoned, and shall expire by limitation and become null and void 6 months after the date of filing allowed by the building official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. 104.2.1.2 Additional data. The building official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. 12 Strike through passages are deleted. Underlined passages are added. #2014-0-02 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. 104.2.6 Hazardous occupancies. The building official may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. 2. Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each Manufacturedlmobile homes 1. Site requirements Setback/separation(assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking '1. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical Exterior disconnect location [104.4 Issuing Permits] 104.4.6 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affec - - . . , :. , :. - ,• placing on any lot or premises of any building or structure removed from another lot or [104.5 Conditions of the permit.] 13 Strike through passages are deleted. Underlined passages are added. #2014-0-02 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of this code. Every permit issued shall be come invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the the time the work is commenced. Failure to obtain an approved inspection within 180 • -- • . - •--, for periods not more than 180 days each, may be allowed by the building official for the permit, provided the extension is requested in writing and justifiable cause is demonstrated prior to the expiration date. The building official shall record the extension of time granted. [104.6 Fees.] 104.6.2 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before penalty of 100 percent of the usual permit fee in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be obtained within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 104.6.5 Types of fees enumerated. Fees may be charged for but not limited to the fellewingi • Permits; • Plans examination; • Certificates of competency (including fees applications, examinations, renewal, late renewal and reciprocity); • Re inspections; the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local ordinance. 101.6.5 Building permit valuations. If, the in the opinion of the building official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appear to be underestimated on the application, permit shall be denied, unless the 14 Strike through passages are deleted. Underlined passages are added. #2014-0-02 applicant can show detailed estimates to meet the approval of the building official permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The permit valuation may be calculated using the latest Building Valuation Data published by the Southern Building Code Congress International or other applicable model code organization, at the SECTION 105 INSPECTIONS 105.1 Existing building inspections. Before issuing a permit, the building official may for which an application has been received fora permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection 105.2 Manufacturers and fabricators. W hen deemed necessary by the building official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. . inspections required by 105. He or she may acc- : - .. .. •. - - . : , . . . inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by an provision inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter'168, Florida Statutes. [Building] 1.2 Slab inspection: To be made after the reinforcement is in place, all concealed conduit, piping, ducts and vents are installed and the electrical, plumbing and mechanical work is complete. Slab shall not be poured until all required inspections have been made and passed. A foundation survey prepared and certified by a registered surveyor shall be required for all new construction prior to approval of the fr •- _ •• . . -• property lines in preparation for inspection. 2.2 Insulation inspection: To be made after the framing inspection is approved and the insulation is in place. 15 Strike through passages are deleted. Underlined passages are added. #2014-0-02 NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and property reinstalled prior to installation of the dry in material. Site debris: 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding 11 days. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. SECTION 107 TESTS 107.1 For products not covered under the statewide product evaluation and approval system, the building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. SECTION 108 CONSTRUCION BOARD OF ADJUSTMENT AND APPEALS 108.1 Appointment. There may be established a board to be called the construction board of adjustment and appeals which should consist of nine members but not less than seven. The board shall be appointed by the applicable governing body. 108.2 Membership and terms. 108.2.1 Membership. The Construction Regulation Board (CRB) shall be be representative of the following: Florida licensed general contractor, Florida licensed certified fire inspector or firefighter, and a citizen at large. The remaining two (2) plumbing, and air conditioning. The architect shall be other than a landscape architect. I:. . • subject to immediate remove from office. 108.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority 16 Strike through passages are deleted. Underlined passages are added. #2014-0-02 present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a 108.2.4 Secretary of board. A person shall be appointed by the local jurisdiction, to act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. 108.3 Powers. The Construction Board Adjustments and Appeals shall have the power further defined in 108.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 108.4 Appeals. 108.4.1 Decision of the building official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building .. . following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. 108.4.2 Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special 4. That the variance granted is the minimum variance that will make possible the 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general-welfare, 108.4.2.1 Conditions of the variance. In granting the variance, the board may required shall be commenced or completed or both. In addition, the board may prescribe 17 Strike through passages are deleted. Underlined passages are added. #2014-0-02 appropriate conditions and safeguards in conformity with this code. Violation of the 108.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. Appeals relating to provisions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120.569 Florida Statutes, regarding the local building department. 108.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for 108.5 Procedures of the board. 108.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not consistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 108.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order or disallowance of the building official or varies the action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by m • . • • ' - . .. . . . copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 109 SEVERABILITY �0 . held to be unconstitutional, such decision shall not affect The validity of the remaining portions of ti,; „do SECTION 110 VIOLATIONS AND PENALTIES 110.1 Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, 18 Strike through passages are deleted. Underlined passages are added. #2014-0-02 alter, install, demolish or move any structure electrical, gas, mechanical or plumbing system, or have erected, constructed, altered, repaired, moved or demolished a building, structure, submitted and permitted there under, shall be guilty of a misdemeanor of the second degree. portion thereof during which any violation of any of the provisions of this code is committed or (c) Local amendment to National Fire Protection Association (NFPA) 70 National Electrical Code (NEC). Section 553.73(4)(a), Florida Statutes (2001), authorizes local governments to adopt amendments to the administrative and technical provisions contained in the Florida Building Code. The City of Edgewater wishes to enact amendments relating to the National Fire Protection Association (NFPA) 70 National Electrical Code (NEC) as contained in Exhibit "B" as provided by the Unified Code Committee of Volusia and Flagler Counties, which is attached hereto and incorporated herein. Said amendments shall be binding as it relates to regulating various aspects of construction and reconstruction. 230 50. Protection of open conductors and cables against damage Above ground service. Entrance conductors installed above ground shall be protected against physical damage as specified in(a) or(b). • protected by any of the following: 1. Rigid metal conduit 2. Intermediate metal conduit 3. Rigid nonmetallic conduit suitable for location. 336 4. Uses permitted. Type NM, type NMC, and type NMS cables shall be permitted to be used in the following: 1. One and two family dwellings, 680 11. Equipment rooms and pits. Electric equipment shall not be installed in rooms or pits that do not have adequate drainage to prevent water accumulation during normal operation of filter maintenance. Swimming pool equipment rooms shall be wired in rigid no metallic conduit plastic coated rigid metal conduit or other material for use in a corrosive environment. Plain galvanized or sheradized conduit shall not be used. B. Permanently installed pools. :i • a. under existing service drop conductors or any other open overh ad wiring; nor shall such wiring 1. Pools and the area extending 1-0 ft (3.05M) horizontally from the inside of the wall of the pool, 19 Strike eugh passages are deleted. Underlined passages are added. #2014-0-02 2. Diving structure, or 3. Observation stands,towers, or platforms. Chapter 7 (BUILDINGS AND CONSTRUCTION; FIRE SAFETY) ARTICLE I (IN GENERAL) Article I. IN GENERAL is hereby repealed and restated as follows: Sec. 7-1. Incorporation of the Florida Building Code. (a) [Florida Building Code adopted.] The Florida Building Code, Florida Building Code, Residential and all other subparts of the Florida Building Code as referenced by F.S. §553.73, is hereby adopted for use within the city. (b) Local amendment to Chapter 1 Administration. F.S. §553.73(4)(a), authorizes local governments to adopt amendments to the administrative and technical provisions contained in the Florida Building Code. The City of Edgewater wishes to enact amendments to Chapter 1 Administration as contained in Exhibit "A" as provided by the Building Officials Association of Florida, Inc. (BOAF), and which is attached hereto and incorporated herein. Said amendment shall be binding as it relates to regulating various aspects of construction and reconstruction. CHAPTER 1 SCOPE AND ADMINISTRATION PART I—SCOPE AND APPLICATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. 1. Detached one — and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Florida Building Code, Existing. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. The following Appendices are hereby adopted and incorporated herein: Appendice B Appendice C Appendice E Appendice F 20 Strik-e-thfeugh passages are deleted. Underlined passages are added. #2014-0-02 101.2.2 Residential Construction standards or practices which are not covered by the Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 though 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. 101.4.4 Property maintenance. Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the City of Edgewater's Code of Ordinances is hereby incorporated by reference The provisions of Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the City of Edgewater's Code of Ordinances shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire 21 Strike through passages are deleted. Underlined passages are added. #2014-0-02 safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. 101.4.5 Fire prevention. The provisions of the Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building. 101.4.8 Manufactured buildings. For additional administrative and special code requirements, see section 428, Florida Building Code, Building, and Rule 9B-1 F.A.C. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of this code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: 22 Strile-thfeugh passages are deleted. Underlined passages are added. #2014-0-02 a) Building and structures specifically regulated and preempted by the federal government. b) Railroads and ancillary facilities associated with the railroad. c) Nonresidential farm buildings on farms. d) Temporary buildings or sheds used exclusively for construction purposes. e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501 — 553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such m obile or modular structures as required by this jurisdiction. f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. i) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. j) Temporary housing as provided by the Department of Corrections to any prisoner in the state correctional system. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state owned buildings and boilers. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 23 Strike through passages are deleted. Underlined passages are added. #2014-0-02 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Partial invalidity. In the event that any part or provisions of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, Chapter 10 of the Code of Ordinances or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment on the surface of a roof be installed in compliance with the requirements of the Florida Building Code until the equipment is required to be removed or replaced. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 BUILDING DEPARTMENT 103.1 Creation of enforcement agency. The Building Department is hereby created and the official in charge thereof shall be known as the building official. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the City of Edgewater's Code of Ordinances. 24 Strike through passages are deleted. Underlined passages are added. #2014-0-02 SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations,policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure of premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises by occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.7 Department of records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for 25 Strike through passages are deleted. Underlined passages are added. #2014-0-02 any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases (except in a Special Flood Hazard Area), upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall 26 Strike through passages are deleted. Underlined passages are added. #2014-0-02 approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance the Florida Accessibility Code. 104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, moved, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of anyperson who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 27 Strike4hreugh passages are deleted. Underlined passages are added. #2014-0-02 Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet(11 m2). 2. Fences not over 6 feet(1829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture,television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies. 13. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 28 Strike through passages are deleted. Underlined passages are added. #2014-0-02 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower(746 W) or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves,pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Minor repairs. Ordinary repairs or installation of replacement parts may be made with the prior approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Building Department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the 29 Strike through passages are deleted. Underlined passages are added. #2014-0-02 application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits,the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.2 No permit may be issued for any building construction, erection, alteration., modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. The system: 1. Requires an electrical or plumbing or air conditioning and refrigeration system with a value of over$125,000; and 2.a. Requires an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system; NOTE: It was further clarified by the Florida Building Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer. b. Requires a plumbing system with 250 fixture units or more; c. Requires a heating, ventilation, and air conditioning system that exceeds a 15 ton per system capacity, or if the project is designed to accommodate over 100 persons. NOTE: It was further clarified by the Florida Building Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air conditioning system of the building. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521, Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, 30 Strike through passages are deleted. Underlined passages are added. #2014-0-02 vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this city and/or county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. if you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. 31 Strike-through passages are deleted. Underlined passages are added. #2014-0-02 Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Economic Opportunity. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane. 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violated, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any 32 Strike through passages are deleted. Underlined passages are added. #2014-0-02 regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 point, capitalized, boldfaced type: "WARNING TO OWNER; YOUR FAILURE TO RECORD A NOTICE OF COMMENCMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to an another copy for the building department files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 33 Strike through passages are deleted. Underlined passages are added. #2014-0-02 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. in addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Exception: affidavits not allowed in Special Flood Hazard Area 105.15 Opening protection. When any activity requiring a building permit that is applied for, and for which the estimated cost is $50,000 or more for a site built single family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single family detached residential structure in uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with section 105.15. 34 Strike4hreugh passages are deleted. Underlined passages are added. #2014-0-02 SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf(2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which the apply, using durable signs. It shall be unlawful to remove or deface such notices. 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, state of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes and 61G15, Florida Administrative Code or Chapter 481, Florida Statutes and 61G1, Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: This building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. (see also Section 107.3.5). 107.2.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction 35 Strike through passages are deleted. Underlined passages are added. #2014-0-02 documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe, and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of the Florida Building Code. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 36 Stfike4hrough passages are deleted. Underlined passages are added. #2014-0-02 Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state- approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 9B-1.009, F.A.C., shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval of the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the building official issues apermit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building of structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible in charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and 37 Strike through passages are deleted. Underlined passages are added. #2014-0-02 coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.3 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481, Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one and two family dwellings. Local enforcement agencies may rely upon such certification by contractors that theplans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapter, 471, 481 or 489, Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation(assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined(see Table 503). 4. Fire-resistant construction requirements shall include the following components; Fire-resistant separations Fire-resistant protection for type of construction 38 Strike4hfeugh passages are deleted. Underlined passages are added. #2014-0-02 Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram Same as above 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exists/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Impact resistant coverings or systems Structural calculations (if required) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood 39 Strike through passages are deleted. Underlined passages are added. #2014-0-02 Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools Electrical 1. Electrical: Wiring Services Feeders and branch circuits Over current protection Grounding Wiring methods and materials GFCIs 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 40 Strike through passages are deleted. Underlined passages are added. #2014-0-02 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation Mechanical 1. Energy calculations 2. Exhaust systems 3. Clothes dryer exhaust 4. Kitchen equipment exhaust 5. Specialty exhaust systems 6. Equipment 7. Equipment location 8. Make-up air 9. Roof-mounted equipment 10. Duct systems 11. Ventilation 12. Combustion air 13. Chimneys, fireplaces and vents 14. Appliances 15. Boilers 16. Refrigeration 17. Bathroom ventilation 18. Laboratory 19. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 41 Strike through passages are deleted. Underlined passages are added. #2014-0-02 9. Riser diagram/shutoffs 10. Design flood elevation Demolition 1. Asbestos removal Residential (one and two-family) 1. Site requirements Set back/separation(assumed property lined 2. Location of septic tanks 3. Fire-resistant construction(if required) 4. Fire 5. Smoke detector locations 6. Egress Egress window size and location of stairs construction requirements 7. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required) Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems 8. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 9. Accessibility requirements: show/identify accessible bath 10. Impact resistant coverings or systems 11. Exemptions. Plans examination by the building official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc. 2. Reroofs 3. Minor electrical,plumbing and mechanical repairs 4. Annual maintenance permits 5. Prototype plans 6. Except for local site adaption's, siding, foundations and/or modifications 7. Except for structures that require waiver 12. Manufactured buildings plan except for foundations and modifications of buildings on site 1. Site requirements Setback/separation (assumed property lines) location of septic tanks (if applicable) 42 Strike through passages are deleted. Underlined passages are added. #2014-0-02 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical Exterior disconnect location 107.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from the date of completion of the permitted work, or as required by Florida Statutes. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. (Exception: affidavits are not allowed in a Special Flood Hazard Area) 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. 43 Strike through passages are deleted. Underlined passages are added. #2014-0-02 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 109 FEES 109.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80, Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems, has been paid. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of fees enumerated. Fees may be charged for but not limited to the following: • Permits. • Plans examination; • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including 44 Strike through passages are deleted. Underlined passages are added. #2014-0-02 materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. SECTION 11 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by Section 110 of the Florida Building Code. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building 45 Strike through passages are deleted. Underlined passages are added. #2014-0-02 code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468, Florida Statues. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The building official, upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building: 1. Foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job and shall at a minimum include the following building components: • Stem-wall • Monolithic slab-on-grade • Piling/pile caps • Footers/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 of the Florida Building Code, shall be submitted to the building official. 2. Framing inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved, and shall at a minimum include the following building components: 46 Strike-thfeugh passages are deleted. Underlined passages are added. #2014-0-02 • Window/door framing and installation • Vertical cells/columns • Lintel/tie beams • Framing/trusses/bracing/connectors (including truss layout& Engineered drawings) • Draft stopping/fire blocking • Curtain wall framing • Energy insulation • Accessibility • Verify rough opening dimensions are within tolerances • Window/door buck attachment 2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place. 2.2. Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly. 3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Sheathing fasteners • Roof/wall dry-in • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material. 4. Roofing inspection. To be made as a minimum of two inspections and shall include the following building components: • Dry-in • Insulation • Roof coverings (including In Progress as necessary) • Flashing • Final 47 Strike through passages are deleted. Underlined passages are added. #2014-0-02 5. Final inspection. To be made after the building is completed and ready for occupancy. 5.1. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 of the Florida Building Code shall be submitted to the building official. 6. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. Underground electric inspection. Underground piping inspection including a pressure test Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in place Safety Inspection; Made prior to filling thepool with the bonding connections made, the proper drain covers installed and the final barriers installed. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17 of the Florida Building Code. 7. Demolition inspections. First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. Final inspection to be made after all demolition work is completed. 8. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items,joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20 of the Florida Building Code). 9. Where impact resistant coverings or impact resistant systems are the building official shall schedule adequate inspections of impact resistant coverings or impact resistant systems to determine the following: The system indicated on the plans was installed. The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 48 Stfike4hreugh passages are deleted. Underlined passages are added. #2014-0-02 3. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section P312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete,the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official. 110.3.4 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6 49 Strike through passages are deleted. Underlined passages are added. #2014-0-02 of the Florida Building Code, specifically required to be inspected for termites in accordance with Section 2114 of the Florida Building Code, or required to have chemical soil treatment in accordance with Section 1816 of the Florida Building Code shall not be covered or concealed until the release from the building official has been received. 110.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector. 110.3.7 Threshold building. 110.3.7.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.3.7.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of- stories criteria which would result in classification as a threshold building under s. 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.3.7.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.3.7.4 Each enforcement agency shall require that, on every threshold building: 110.3.7.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.3.7.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 50 Stfik-e-thfeugh passages are deleted. Underlined passages are added. #2014-0-02 110.3.7.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.3.7.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes. 110.3.7.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.3.7.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.3.9 Special inspections. Reserved. 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 51 Strike through passages are deleted. Underlined passages are added. #2014-0-02 SECTION 111 CERTIFICATE OF OCCUPANCY AND COMPLETION 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certifications of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as- built lowest floor elevation has been provided and is retained in the records of the department of building safety. 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3 of the Florida Building Code. 10. The type of construction as defined in Chapter 6 of the Florida Building Code. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building,prior to the issuance of a Certificate of Occupancy. 52 Strike through passages are deleted. Underlined passages are added. #2014-0-02 111.5 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS. NOTE: This section was previously found in Chapter 7 of the Code of Ordinances and listed as Section 108 Construction Board of Adjustment and Appeals. 113.1 Appointment. There shall be established a board to be called the Construction Board of Adjustment and Appeals (CAA) with members of the board being appointed by the City Council. 113.2 Membership and terms. Membership and terms shall be pursuant to the current by-laws of the Board as adopted by City Council. 113.3 Powers. The Construction Board Adjustments and Appeals shall have the power further defined in 108.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the building official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building 53 Strike through passages are deleted. Underlined passages are added. #2014-0-02 official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. Appeals relating to provisions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120.569, Florida Statutes, regarding the local governments action. Notice of Administrative Rights may be obtained from the local building department. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period. 54 Strike through passages are deleted. Underlined passages are added. #2014-0-02 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not consistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicjy posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. SECTION 115 STOP WORK ORDER 55 Strike passages are deleted. Underlined passages are added. #2014-0-02 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT Pursuant to the requirements as contained in Chapter 10, Article XI (Unsafe or unsanitary buildings) of the Code of Ordinances. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION R322 FLOOD RESISTANT CONSTRUCTION Florida Building Code Residential R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet 2 f et (6'0 mm` if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2 of the Florida Building Code, Residential. 56 Strike through passages are deleted. Underlined passages are added. #2014-0-02 Secs. 7-2 - 7-10. Reserved. ARTICLES II—VIII. RESERVED Secs. 7-11 —7-319. Reserved ARTICLE IX. SWIMMING POOLS Article IX. SWIMMING POOLS is hereby repealed as follows: Sec.7 32,0 De itio As used in this article, the following terms shall have the respective meanings ascribed to them: owner, operator or lessee thereof and his family, and by guests invited to use it without charge or Swimming pool. A body of water in an artificial or semipublic, or private swimming or other water related recreational activities by adults and/or children, whether or not any charge or include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified. Wading pool: Any pool with a surface area of less than 250 square feet and less than 24 inches in depth at any point. Wading pools shall not be required to comply with this article. (a) Application: Before the erection, construction or alteration of any swimming pool is (b) Plans and specifications: The application shall be accompanied by two sets of full and complete plans and specifications of the pool, including plot plans of lot showing distance between buildings or structures and from all property lines. Sec. 7 322. Same Fees. Permit fees shall be computed as follows: . . I.! - $3.00 per $1,000.00 or fraction thereof. .I I t 11,! I .. -- - $45.00 for the first $15,000.00 plus $2.00 for ach additional $1,000.00 or fraction thereof. (a) General: All swimming pools whether constructed of reinforced concrete, pneumatic requirements of the local building code and accepted engineering principles. (b) Masonry construction: 57 Strike through passages are deleted. Underlined passages are added. #2014-0-02 (1) Footings shall be a minimum eight inches by 12 inches or in cross section or, an approved method by the building official with two five eighths inch bars continuous and shall be 3,000 psi concrete, minimum. (2) Floors shall be enforced concrete, a minimum of four inches thick with a minimum of two inch top and bottom cover for steel and shall be reinforced with three eighths inch bars at 21 inch center to center each way, or an equivalent steel area with bar spacing not to exceed 21 inches and shall be a minimum 3,000 psi concrete. (3) All voids of masonry units that contain reinforced steel shall be filled solid with "pea rock concrete" which will attain a minimum compressive strength of 3,000 psi in 28 days and shall be reinforced with three eighths inch bars, 12 inches on center vertically and every third course shall be lintel course reinforced with two one half inch bars continuous. The top course shall be a reinforced lintel course or another cap course as approved by the building official. (1) All plans and specifications shall be submitted for above ground pools and shall be approved by the city. See 324.--Le eat=er (a) Front yard and side corner yard swimming pools are prohibited. (b) No swimming pools s hall be constructed closer than five feet from any building and five Sec. 7 325 Enclosures (a) All swimming pools unless entirely screened in shall be completed enclosed with a fence or wall at least four feet high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to pool area shall be equipped with a self closing and self times when the pool area is not in actual use, except that the door of any dwelling which forms a cover shall be completely enclosed with a fence or wall at 1 ast four feet high and so constructed as to not be readily climbable by small children. All swimming pools shall be equipped with a filtering and recirculation system and such Sec. 7 327. Electrical wiring. water's edge unless by special permission of the building official. (b) All wiring shall be in strict conformance with the local electrical code. When plumbing is connected to city service for water supply, all plumbing shall be in strict accordance with local plumbing code. When water • . ; . . - . -- . . - connected service to family pools, plastic pipe stamped and approved 100 by ASTM laboratory may be accepted if inspected and approved by plumbing inspector. 58 Strile?-thfough passages are deleted. Underlined passages are added. #2014-0-02 Sec. 7 329. Water supply. (a) Water used in filling swimming pools shall be from a sanitary source of supply only and shall be kept sanitary by a method approved by the county health authority. (b) Water inlets shall be spaced around the periphery of the pool to provide uniform distribution of water. About 75 percent of the recirculated water shall enter the shallow section. . - . . - �_ - - 1 . • • Water being discharged from the pool or from the back flushing of the filtering system • .• - combined sewer. Scc. 7 331. Rim height. The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high to prevent groundwater from flowing into pool. Sec. 7 332. Walkway. A walkway of concrete or other approved materials shall completely surround all swimming pools from the overflow rim outward a distance of at least three feet and shall be so Sec. 7 333. Overflow skimmer. A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. All requirements of chapter 10D 5 of the state administrative code are adopted as part of this article. Secs. 7 335 7 339. Reserved. ARTICLES IX,X,XI AND XII ARE HEREBY RESERVED Secs. 7-320—7-375. Reserved 59 Strike through passages are deleted. Underlined passages are added. #2014-0-02 AGENDA REQUEST C.A. #2014-AN-1305 Date: January 21, 2014 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2014-0-03 Pleasant Wood, LLC, applicant requesting annexation of .46± acres of property to include 1366 Elizabeth Street and the adjacent parcel to the north. OWNER: Pleasant Wood, LLC APPLICANT/AGENT: Pleasant Wood, LLC REQUESTED ACTION: Annexation PROPOSED USE: Single-Family Residence LOCATION: 1366 Elizabeth Street (PID# 7430-04-02-0340) and the adjacent parcel to the north (PID#7430-04-02-0330) AREA: .46± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County ESC (Environmental System Corridor) ZONING DISTRICT: Volusia County RC (Resource Corridor) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Volusia County RC Vacant/Undeveloped Environmental System (Resource Corridor) Corridor East Single Family Residence Volusia County Volusia County MH-5 Urban Medium Intensity (Urban Mobile Home) South Volusia County Volusia County RC Single Family Residence Environmental System (Resource Corridor) Corridor West Oakwood Cove RPUD Subdivision Conservation (Residential Planned Unit Development) Background: The subject properties are west of Elizabeth Street, south of Claudette Street and north of Ocuan Trail. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning maps to include these two .23± acre properties. Once annexed into the City, the parcels will be combined. Land Use Compatibility: The proposed low density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: The site has access to Elizabeth Street. All other utilities are available in the area. Other Matters: City Council approved first reading of this Ordinance by a vote of 3-1 on January 6, 2014. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-03, annexation of.46± acres of land to include 1366 Elizabeth St. and the adjacent parcel to the north. ACTION REQUESTED: Motion to approve Ordinance 2014-0-03. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: January 6, 2014 AGENDA ITEM # 8c. Resp;c fully sub i ed, Concurrence: ! fr ',L _ rteJc� Dane Lear ( Robin L. Matusick Development Se ! ices Director Parale:al Is- - i+.r racey . Barlow City ■, anager ORDINANCE NO. 2014-0-03 AN ORDINANCE ANNEXING .46± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Pleasant Wood, LLC has applied for annexation of property located at 1366 Elizabeth Street and the parcel to the north, within Volusia County, Florida. Subject property contains approximately .46 + acres. 2. The owners/applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 1 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER,FLORIDA. 1 Strike through passages are deleted. Underlined passages are added. #2014-0-03 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Strike-through passages are deleted. Underlined passages are added. #2014-0-03 PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilman Ignasiak with Second by Councilwoman Power with the vote on the first reading of this ordinance held on January 6, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strike through passages are deleted. Underlined passages are added. #2014-0-03 PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 4 Strike4hr-eugh passages are deleted. Underlined passages are added. #2014-0-03 EXHIBIT "A" LEGAL DESCRIPTION Lot 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida & Lot 33, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. In addition, pursuant to the request of the County of Volusia, the legal description includes that portion of the roadway along Elizabeth Street which goes to the centerline of the road right-of- way adjacent to Lots 33 & 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. 5 Strike through passages are deleted. Underlined passages are added. #2014-0-03 EXHIBIT "B" 6 Strike Str-ike4hrough passages are deleted. Underlined passages are added. #2014-0-03 I0 ` s_ ,a'i � o - ----- -'--- ■ ,_ A \ 000* • Atooto 0 0 i 0, M\1 '>- 7 1 1 *.* •/0 41 01 k I A- - g‘ .P.Z.,1 $,moo __ - ,,t ;;;Ifooi%:,*wt,.,g, 71:0_.::;:,, , 0 00,., ,,‘ . , _ I ---ti• • ( ' \ 0?, It %sit:0****IA C* ,- V %.tr 7 ,,, . Q 'is(- 4\ MI.% , /_ • Ill.•fr oti pi / V* . i e M . q // \dISISS gd AGENDA REQUEST C.A. #2014-CPA-1306 Date: January 21, 2014 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2014-0-04 Pleasant Wood, LLC, applicant requesting an amendment to the Comprehensive Plan Future Land Use Map to include .46± acres of property located at 1366 Elizabeth Street and the adjacent parcel to the north as Low Density Residential. OWNER: Pleasant Wood, LLC APPLICANT/AGENT: Pleasant Wood, LLC REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential. PROPOSED USE: Single-Family Residence LOCATION: 1366 Elizabeth Street (PID#7430-04-02-0340) and the adjacent parcel to the north (PID#7430-04-02-0330) AREA: .46± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County ESC (Environmental System Corridor) ZONING DISTRICT: Volusia County RC (Resource Corridor) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Vacant/Undeveloped Environmental System Volusia County RC Corridor (Resource Corridor) East Volusia County Single Family Residence Urban Medium Volusia County MH-5 Intensity (Urban Mobile Home) South Volusia County Single Family Residence Environmental System Volusia County RC Corridor (Resource Corridor) West Oakwood Cove Conservation (Residential Planned Planned Unit Subdivision Development) Background: The subject properties are west of Elizabeth Street, south of Claudette Street and north of Ocuan Trail. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning maps to include these two .23± acre properties. Once annexed into the City, the parcels will be combined. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Elizabeth Street. All other utilities are available in the area. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." Volusia County—Environmental System Corridor This designation consists of important ecological corridors comprised of environmentally sensitive and ecologically significant lands. Land use activities occurring within these corridors shall not degrade these natural functions and connections. The intention is to provide protected, natural pathways which connect to other protected areas such as parks, conservation lands and water bodies. This inter- connection helps maintain the ecological integrity and ecodiversity of the County's vast natural resources. ESC's shall include significant interconnected natural systems of environmentally sensitive lands, connecting to and including conservation areas where possible. The ESC's are not intended to include pre-existing improved, cultivated or developed lands unless such lands contain unique or exceptional ecological value. Conservation and silviculture, utilizing Best Management Practices (BMP's), will be the preferred use, however, other compatible passive agricultural activities may also be permitted such as unimproved pasture. The primary consideration of compatible agriculture should be potential adverse impacts to the short and long term ecological stability of the system, as well as adjacent lands and waterways. The Environmental System Corridor configuration displayed on the Future Land Use Map is intended to show a generalized location for the corridor. The actual boundaries will be established based upon site specific information and features. (1) The maximum residential density shall not exceed one (1) dwelling unit per twenty-five (25) acres. (2) The maximum Floor Area Ratio shall not exceed ten percent (.010 FAR) City of Edgewater—Low Density Residential (1.0 to 4.0 units per net acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Other Matters: On June 14, 2013, the applicant obtained a permit from the Florida Department of Environmental Protection to fill .12 acre of a forested wetland system for the construction of a private single-family home. Said permit is attached for your review. City Council approved first reading of this Ordinance by a vote of 3-1 on January 6, 2014. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-04, an amendment to the Comprehensive Plan Future Land Use Map to include .46+ acres of property located at 1366 Elizabeth Street and the adjacent parcel to the north as Low Density Residential. ACTION REQUESTED: Motion to approve Ordinance 2014-0-04. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, S ATE: January 6, 2014 AGENDA ITEM# 8d. Resp;•tfully sub,tted, Concurrence: ..! ►.l 1 C Dane, Lear Robin L. Matusick Development Services Director Paralegal racey . Barlow City ■ anager FLORIDA DEPARTMENT OF 1 ENVIRONMENTAL PROTECTION RICK SCOT"I' ' �� � q � GOVERNOR Ok 'r 0 CENTRAL DISTRICT � L , ., t 0,i 3319 MAGUIRE BOULEVARD,SUITE 232 HE RSCIIEI_1 . VINYARD.IR. ORLANDO,FL 32803 SECRETARY Permittee: Pleasant Wood, LLC Attn: Lisa Lopez, Managing Member 1550 Madruga Avenue, Suite 130 Coral Gables, FL 33146 Project: Fill 0.12 acre of a forested wetland system for the construction of a private, single-family home Agent: Joe Young III Biological Consulting Services, Inc. 208 Rush Street New Smyrna Beach, FL 32168 biocon@bellsouth.net Environmental Resource Permit State-owned Submerged Lands Authorization —Not Applicable U.S. Army Corps of Engineers Authorization — Separate Corps Authorization Required Permit No.: 64-265316-002-ES Permit Issuance Date: June 14, 2013 Permit Construction Phase Expiration Date: June 14, 2018 ��� FLORIDA DEPARTMENT OF j �g ENVIRONMENTAL PROTECTION RICK SCO"I°I' ' t� .-?�0f . V'' CENTRAL DISTRICT GOVERNOR NIELeR 1 *IA F 4 3319 MAGUIRE BOULEVARD,SUITE 232 iii RSCHF[.'r. VINYARD JR. �� ORLANDO,FL 32803 SrCRF 1 ARY Environmental Resource Permit Permittee: Pleasant Wood, LLC Permit Number: 64-265316-002-ES PROJECT LOCATION The activities authorized by this Permit are located at 1366 Elizabeth Street, Lot 34 within the Spanish Mission Heights Community, New Smyrna Beach, FL, 32168, Section 30, Township 17 South, Range 34 East in Volusia County. AUTHORIZATIONS Pleasant Wood, LLC - fill 0.12 acres of a forested wetland system for the construction of a private, single-family home. Project Description The permittee is authorized to fill 0.12 acres of a forested wetland for the construction of a private, single- family home that was previously authorized under DEP Permit No.: 64-265316-001-ES. Authorized activities are depicted on the attached exhibits. Mitigation: The mitigation to offset the 0.12 acres of forested wetland impacts was provided under the original permit (64-265316-001-ES). The mitigation provided was 0.113 acres of onsite wetlands placed in a perpetual conservation easement and 0.3 freshwater forested credits purchased from Colbert-Cameron Mitigation Bank; additional mitigation is not required. The project described above may be conducted only in accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer, nor guarantee, nor imply that future permits or modifications will be granted by the Department. State-owned Submerged Lands Authorization As staff to the Board of Trustees, the Department has reviewed the activity described above and has determined the activity is not on submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, Florida Statutes. Federal Authorization Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). Your proposed activity as outlined on the attached drawings is NOT in compliance with the U.S. Army Corps of Engineers (Corps) State Programmatic General Permit (SPGP). A copy of your notice also has been sent to the U.S. Army of Engineers (USACOE) for review. The USACOE may require a separate perm it. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. For further information, you should contact the USACOE at (321) 504-3771. Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 2 of 10 Water Quality Certification This permit constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this project may be required by other federal, state or local entities including but not limited to local governments and homeowner's associations. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. In addition, you are advised that your project may require additional authorizations or permits from the municipality/county in which the project is located. Please be sure to contact the local county building and environmental department to obtain these required authorizations. PERMIT CONDITIONS The activities described herein must be conducted in accordance with: • The Specific Conditions • The General Conditions • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions, including any mitigation requirements, shall constitute grounds for revocation of the Permit and appropriate enforcement action by the Department. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit/certification/authorization, as specifically described above. SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION 1. The limits of construction within the wetlands shall be delineated by silt fencing. The permittee shall bear the responsibility of notifying all construction workers that silt fencing represents the limits of all construction activities. The permittee shall bear the responsibility of keeping all construction workers and equipment out of the adjacent wetlands where work has not been permitted for impacts. SPECIFIC CONDITIONS —CONSTRUCTION ACTIVITIES Turbidity &Water Quality 2. Turbidity controls shall be utilized around the entire work area. The turbidity controls shall be maintained throughout the duration of the project, and shall be effective in preventing soil from escaping into the adjacent wetlands. The turbidity screens shall be installed at a height sufficient to contain the fill, they shall be inspected at least on a daily basis to ensure that they are functioning properly, and they shall not be removed until all side slopes have been completely stabilized. Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No:64-265316-002-ES Page 3of10 3. The project shall comply with applicable state water quality standards, including: a. 62-302.500 - minimum criteria for all surface waters at all places and at all times; b. 62-302.500 - Surface waters: general criteria; b. 62-302.400 - Class III Waters - Recreation - Propagation and maintenance of a healthy, well-balanced population of Fish and Wildlife. Construction: 4. Service lines (television and phone cable, electrical, etc.) shall be installed within the permitted fill pad and within uplands. 5. All material used as fill shall be clean material and shall not be contaminated with vegetation, garbage, trash, tires, hazardous, toxic waste or other materials that are not suitable for road construction as so determined by the Department. 6. The permittee shall report any damage to the Department within 24 hours that occurs to the wetlands as a result of the driveway construction. The damage will be restored by planting native vegetation of the same size, densities and species that previously existed in this area. The restoration shall be completed within 30 days of completion of the driveway construction and shall be done to the satisfaction of the Department 7. All side slopes to the fill pad shall be immediately stabilized with sod (within 48 hours) following completion of the placement and compaction of the fill material. SPECIFIC CONDITIONS—MITIGATION 8. Mitigation to offset the impacts was provided under the original permit, DEP Permit No.: 64- 265316-001-ES. The mitigation included the following: a perpetual conservation easement (Book:6084/Page:3353) over 0.113 acres of onsite wetlands and the purchase of 0.3 freshwater forested credits from Colbert-Cameron Mitigation Bank (St. Johns River Water Management District Permit No.: 4-127-23136-2). GENERAL CONDITIONS 9. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 10. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 11. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. 12. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 4 of 10 violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 13. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 14. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start date and the expected completion date. 15. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62- 343.900(4), F.A.C.). These forms shall be submitted during June of each year. 16. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the Department for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 17. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 5 of 10 18. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the Department. Submittal of the completed form shall serve to notify the Department that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as-built drawings: a. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; b. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; c. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine stage-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; d. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; e. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the system; f. Existing water elevation(s) and the date determined; and g. Elevation and location of benchmark(s) for the survey. 19. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the condition in paragraphs (18 and 19) above, the Department determines the system to be in compliance with the permitted plans, and the entity approved by the Department in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's Handbook: Management and Storage of Surface Waters, and Section 62-343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit. 20. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the Department of the changes prior to implementation so that a determination can be made whether a permit modification is required. Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 6 of 10 21. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the pennittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the pennittee, or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40, F.A.C. 22. The permittee is hereby advised that section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 23. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 24. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. 25. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 26. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 27. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department. 28. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No:64-265316-002-ES Page 7 of 10 Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S. must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 8 of 10 Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION for Christianne C. Ferraro, P.E. Program Administrator Water Resource Management CF/lp/nm/df Date of Issue: June 14, 2013 Attachments: Original Permit (64-265316-001) and Project Drawings, 23 Pages Construction Commencement Notice(62-343.900(3)) As-Built Certification (62-343.900(5)) Application for transfer of an ERP permit/62-343.900(8) Copies furnished to: U.S. Army Corps of Engineers Volusia County Lisa Lopez, Managing Member for Pleasant Wood, LLC File Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 9 of 10 CERTIFICATE OF SERVICE The undersigned hereby certifies that this PERMIT, including all copies, were mailed before the close of business on June 14, 2013, to the above listed persons by 4, d. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52(7),- Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. ,.'.- June 14, 2013 Clerk Date Permittee: Pleasant Wood,LLC Permit Expiration: June 14,2013 Permit No: 64-265316-002-ES Page 10 of 10 ORDINANCE NO. 2014-0-04 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY ENVIRONMENTAL SYSTEMS CORRIDOR TO CITY LOW DENSITY RESIDENTIAL FOR .46± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on 1 Strike-through passages are deleted. Underlined passages are added. #2014-0-04 Wednesday, December 11, 2013, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential (.46 + acres) for property described in Exhibits "A" and "B"9 PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (11), Fla. Stat. (2012). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The required advertisement shall be no less than two columns wide by TEN inches (10") long in a standard- size or tabloid-size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper 2 Strike-through passages are deleted. Underlined passages are added. #2014-0-04 where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2014-0-04 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY ENVIRONMENTAL SYSTEMS CORRIDOR TO CITY LOW DENSITY RESIDENTIAL FOR .46± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be 3 Stfike-thfeugh passages are deleted. Underlined passages are added. #2014-0-04 held on January 6, 2014 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B") The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The 4 Strike4hreugh passages are deleted. Underlined passages are added. #2014-0-04 City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development 5 Strike4hreugh passages are deleted. Underlined passages are added. #2014-0-04 permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. ADOPTION. After Motion to approve by Councilman Emter with Second by Councilwoman Power with the vote on the first reading of this ordinance held on January 6, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X Councilman Gene Emter X 6 Strike through passages are deleted. Underlined passages are added. #2014-0-04 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 7 Strike-through passages are deleted. Underlined passages are added. #2014-0-04 EXHIBIT "A" LEGAL DESCRIPTION Lot 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida & Lot 33, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. In addition, pursuant to the request of the County of Volusia, the legal description includes that portion of the roadway along Elizabeth Street which goes to the centerline of the road right-of-way adjacent to Lots 33 & 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. 8 Strike through passages are deleted. Underlined passages are added. #2014-0-04 EXHIBIT "B" 9 Strike gh passages are deleted. Underlined passages are added. #2014-0-04 1 �# � � 0 .0** $ AO- 0 00' 00 0 * P R low. __.,,,, ,_ k,♦ ' P7E+ GA � .... .... ' . I 45 \ I.14e\ LI IOW 4 .a2. % 0 40; ik sti 4 I° j \ W g i* "1,0 \ \ 0*,>_ . ,di atO 01 Vivtoot,„, :' e***** - 4k; / •,,. row 4sow \ * 4;) • \- o *44 / w ** C . Q N*0 OC4 •• \\*? // / $ / ) 11%\k *VS: f N //// *SS, S iii $ Ot■ 0j0 \ \ s / A - x. lss 0 0 1V — '-.4',:1_;:::::.';':;'''' \ \ . , .,,. , ,,_,.. / ®t� . C O cO <„...s.),:,.. ., i.,,,, =, 4 , O� ��Cr m = To of � o 1 _ _ z a g E. , • 0 /X ice' Eccx c • -p — �,. -� � r , 'r � � \�\�--�' � �' 'fie \\ . 01.1111 11011 ' limilimi /1.1 //../,' 7,/7 Ta1 .g-. -2 ?'PT iiiiiiiik ., 1 g e OS °V 1 4ts 0.AS / ' l ''''''- .Ilk isil;$*to***• , c 2 el Z s 2.i -�, oat C) 22 M # V Ait.\\ V Air„,,, , ' ci C.CC2 GI 44, s, C It i'P..- * CD OM 0 011 0 110 4;444# ,:. iii ri IN, a:os os‘ wwr * it 0\11**1* 1%10\11 Ali \ 1°:CI p ...--- is, vitsogio 1 . ..< „:, ?).- �G ®• •, , rt I *** tt'\'k °'. a 1 1.Illi _ - - INF ig; ,// - c 3 c a, 13 co co a 0 ill I 111. 0% ti II I . *4 r '' . io iii wi, ' 0 ...ik. 1111 1:1= ,1114,-- ,41 '‘- ‘ \ ,&. k** *- ' laji rill_ .i IVO W.1 di AGENDA REQUEST C.A. #2014-RZ-1304 Date: January 21, 2014 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2014-0-05 Pleasant Wood, LLC, applicant requesting an amendment to the Official Zoning Map to include .46± acres of property located at 1366 Elizabeth Street and the adjacent parcel to the north as R-2 (Single-Family Residential) OWNER: Pleasant Wood, LLC APPLICANT/AGENT: Pleasant Wood, LLC REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-2 (Single- Family Residential) PROPOSED USE: Single-Family Residence LOCATION: 1366 Elizabeth Street (PID# 7430-04-02-0340) and the adjacent parcel to the north (PID#7430-04-02-0330) AREA: .46± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County ESC (Environmental System Corridor) ZONING DISTRICT: Volusia County RC (Resource Corridor) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FL UM Designation Zoning District North Volusia County Volusia County RC Vacant/Undeveloped Environmental System (Resource Corridor) Corridor East Volusia County Urban Volusia County MH-5 Single Family Residence Medium Intensity (Urban Mobile Home) South Volusia County Volusia County RC Single Family Residence Environmental System (Resource Corridor) Corridor West RPUD Oakwood Cove Subdivision Conservation (Residential Planned Unit Development) Background: The subject properties are west of Elizabeth Street, south of Claudette Street and north of Ocuan Trail. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning maps to include these two .23± acre properties. Once annexed into the City, the parcels will be combined. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Elizabeth Street. All other utilities are available in the area. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-2 (Single-Family Residential) zoning district is compatible with the proposed Low Density Residential Future Land Use designation. Other Matters: City Council approved first reading of this Ordinance by a vote of 3-1 on January 6, 2014. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-05, an amendment to the Official Zoning Map to include .46± acres of property located at 1366 Elizabeth Street and the adjacent parcel to the north as R-2 (Single-Family Residential). ACTION REQUESTED: Motion to approve Ordinance 2014-0-05. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: January 6, 2014 AGENDA ITEM# 8e. Respeclly submi ed, Concurrence: / I.' Il < ' .✓f, r`► -t l�C���,.�. Dan- Lear Robin L. Matusick Development Services Director Paralegal Trace, . Barlow City anager ORDINANCE NO. 2014-0-05 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY RC (RESOURCE CORRIDOR) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) FOR .46± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Pleasant Wood, LLC has applied for annexation of property located at 1366 Elizabeth Street and the parcel to the north, within Volusia County, Florida. Subject property contains approximately .46 + acres. 2. The owner/applicant has submitted an application for a change in zoning classification from County RC (Resource Corridor) to City R-2 (Single Family Residential) for the property described herein. 3. On December 11, 2013 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. On January 6, 2014, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Daytona Beach News Journal on December 26, 2013. 5. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established land use pattern. 7. The proposed change in zoning classification will not adversely impact public facilities. 8. The proposed change in zoning classification will not have an adverse effect on the natural 1 Strip passages are deleted. Underlined passages are added. #2014-0-05 environment. 9. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County RC (Resource Corridor)to City R-2 (Single Family Residential) for the property described in Exhibit"A". PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 Strike Stfike4hretigh passages are deleted. Underlined passages are added. #2014-0-05 PART G. ADOPTION. After Motion to approve by Councilman Emter with Second by Councilwoman Power with the vote on the first reading of this ordinance held on January 6, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strike gh passages are deleted. Underlined passages are added. #2014-0-05 PASSED AND DULY ADOPTED this day of , 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of , 2014 under Agenda Item No. City Attorney 8 Doran, Sims, Wolfe&Kundid 4 Strike trough passages are deleted. Underlined passages are added. #2014-0-05 EXHIBIT "A" LEGAL DESCRIPTION Lot 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida & Lot 33, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. In addition, pursuant to the request of the County of Volusia, the legal description includes that portion of the roadway along Elizabeth Street which goes to the centerline of the road right-of- way adjacent to Lots 33 & 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. 5 Strike thrrough passages are deleted. Underlined passages are added. #2014-0-05 SF AGENDA REQUEST C.A. #2014-AN-1308 Date: January 21, 2014 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2014-0-06 Fisherman's Cove Builders, LLC, applicant requesting annexation of 23.92± acres of property located east of U.S. Highway 1 between Douglas Street and E. Ariel Road OWNER: Fisherman's Cove Builders, LLC APPLICANT/AGENT: Fisherman's Cove Builders, LLC REQUESTED ACTION: Annexation PROPOSED USE: Single-family residential development LOCATION: East of U.S. Highway 1 between Douglas St. and E. Ariel Road AREA: 23.92± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Medium Intensity/ Commercial ZONING DISTRICT: Volusia County RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Volusia County MH-5W & Mobile Home Medium Intensity (Urban Mobile Home) East Indian River Indian River Indian River South Single Family Residence Volusia County Urban Volusia County MH-5W & Mobile Home Medium Intensity (Urban Mobile Home) West Vacant Volusia County Volusia County B-4 Commercial (General Commercial) Background: The subject properties are part of a Planned Unit Development that was approved for 63 single-family dwelling units. Infrastructure has been installed but no houses have been built. Land Use Compatibility: The proposed single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to U.S. Highway 1. Water and sewer services are currently available. Other Matters: A Comprehensive Plan Future Land Use Map and Official Zoning Map amendment shall occur at a later date. At their regular meeting held on January 8, 2014, the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council to annex the property located east of U.S. Highway 1 between Douglas Street and E. Ariel Road. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-06, annexation of 23.92± acres of property located east of U.S. Highway 1 between Douglas Street and E. Ariel Road. ACTION REQUESTED: Motion to approve Ordinance 2014-0-06. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respect lly sub ted, Concurrence: /1L Darren Lear ( Robin L. Matusick Development ervices Director Paralegal racey '. Barlow City anager ORDINANCE NO. 2014-0-06 AN ORDINANCE ANNEXING 23.92± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY 1 BETWEEN DOUGLAS STREET AND EAST ARIEL ROAD, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Fisherman's Cove Builders, LLC have applied for annexation of property located east of US Highway 1 between Douglas Street and E. Ariel Road, within Volusia County, Florida. Subject property contains approximately 23.92 + acres. 2. The owners/applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1 mike passages are deleted. Underlined passages are added. #2014-0-06 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit"B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Strike through passages are deleted. Underlined passages are added. #2014-0-06 PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strip passages are deleted. Underlined passages are added. #2014-0-06 PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe& Kundid 4 Strike4hceugh passages are deleted. Underlined passages are added. #2014-0-06 EXHIBIT "A" LEGAL DESCRIPTION A portion of U.S. Government Lot 2, Section 30, Township 18 South, Range 35 East and a Portion of Lots 3, 7 and 11 Assessor's Subdivision of the C.E. McHardy Grant as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida. Being more particularly described as follows: Commencing at the Southeast Corner of U.S. Government Lot 2, Said point also being the Southwest Corner of Lot 3. Assessor's Subdivision of the C.E. McHardy Grant Map Book 3, Page 152 , run along the westerly line of said Lot 3 of the C.E. McHardy Grant North 19 degrees, 28 minutes 46 seconds west, a distance of 200 feet to the point of beginning; thence north 19 degrees 28 minutes 46 seconds west, along said westerly line, a distance of 88.00 feet; thence south 89 degrees 14 minutes 12 seconds west, a distance of 125.95 feet; to an intersection with the easterly right of way line of U.S.. Highway No. 1 (a 158 foot right of way) thence north 18 degrees 34 minutes 41 seconds west along said easterly right of way a distance of 143.25 feet; thence north 89 degrees 14 minutes 12 seconds east, departing said easterly right of way line. a distance of 123.57 feet; to an intersection with the westerly line of said lot 3 of the C.E. Mchardy grant, thence north 19 degrees 28 minutes 46 seconds west, along said westerly line. a distance of 168.07 feet; thence north 68 degrees 39 minutes 12 seconds east, departing said westerly line, a distance of 2547.82 feet; thence south 16 degrees 50 minutes 50 seconds east. a distance of 9.94 feet, thence south 77 degrees 30 minutes 47 seconds east, a distance of 8.73 feet; thence south 24 degrees 41 minutes 14 seconds east, a distance of 23.52 feet; thence south 24 degrees 13 minutes 10 seconds east, a distance of 67.16 feet; thence south 18 degrees 49 minutes 35 seconds east, a distance of 81.82 feet, thence south 04 degrees 44 minutes 31 seconds east, a distance of 46.09 feet; thence south 46 degrees 10 minutes 01 seconds east, a distance of 40.22 feet; thence south 25 degrees 47 minutes 32 seconds east, a distance of 61.11 feet; thence south 22 degrees 18 minutes 41 seconds east, a distance of 71.20 feet; thence south 68 degrees 39 minutes 12 seconds west, departing said westerly right of way line. a distance of 2578.11 feet; to the point of beginning. Containing 23.92 acres more or less. 5 Stfike-thfough passages are deleted. Underlined passages are added. #2014-0-06 EXHIBIT "B" 6 Strike-through passages are deleted. Underlined passages are added. #2014-0-06 z+ N v o 1. g • i t w 6 -3. -\\ 115j- -7 N O. O L -18- OW% W ‘, cJ w 0*% 9� * ' s -,-\\\ -, ,..... Q ,,,,, ' ,,„',,,\,\, ,,t. Otik•••• ?"":‘ 0/ \ ,i 0***.0 ''• ---\ - ..4‘ 1 0 4‘.4:%* - \ _...a ° S.:* 3 '''. \\\':0 t \► G f '.ems` 9 �0-.. ,. ---\ \--- -0110 *4 V ••--0 . .... 0 i•ri Olt:. ..11 0 1 1 lo, . , -__,,,c,--,,, \ 0 t 1'‘1 , Tie . - ,---' (-- 10 A 10 ..,A0*,i*14%* % ♦ice °O. e., •-4„. IA vik wt; , '' --v-- -00 - -v- s■-• Vp.— 11111,00 Allitei wil,-rot wo 14 • ',-'-'c- ,, , _A , s #11111140 --------- WI*V° W $‘1‘■ Wq '', \' A\ -- *tt *4 % % t- \ \,, 0 - ''' $• x-0 w„:„‘ % . w To VI" 00% • ------ \410111111.111ri° al rELIA • II AGENDA REQUEST C.A. #2014-AN-1307 Date: January 21, 2014 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2014-0-07 Jay and Sheila Gawthrop, applicants requesting annexation of .31± acres of property located at 2401 Swordfish Lane. OWNER: Jay and Sheila Gawthrop APPLICANT/AGENT: Jay and Sheila Gawthrop REQUESTED ACTION: Annexation PROPOSED USE: Residential LOCATION: 2401 Swordfish Lane AREA: .31± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Urban Single-Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-1 (Single-Family Residential) East Indian River Indian River Indian River South Single Family Residence Low Density Residential R-1 (Single-Family Residential) West Vacant Low Density Residential R-1 (Single-Family Residential) Background: The subject property contains a single family residence that was built in 1982. The applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this .31± acre parcel. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Swordfish Lane. City water and sewer services are available. Other Matters: At their regular meeting held on January 8, 2014, the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council to annex the property located at 2401 Swordfish Lane. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-07, annexation of .31± acres of property located at 2401 Swordfish Lane. ACTION REQUESTED: Motion to approve Ordinance 2014-0-07. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respecifi lly submit -d, Concurrence: Dane ear Robin L. Matusick Development Se ices Director Parale_al 41) racey '. I arlow City anager ORDINANCE NO. 2014-0-07 AN ORDINANCE ANNEXING .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Jay and Sheila Gawthrop have applied for annexation of property located at 2401 Swordfish Lane, within Volusia County, Florida. Subject property contains approximately .31 + acres. 2. The owners/applicants have voluntarily petitioned (applied)the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 3 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described 1 gtfike-threugh passages are deleted. Underlined passages are added. #2014-0-07 in Exhibit "A" and depicted in the map identified as Exhibit `B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit`B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. RECORDING. 2 Strike through passages are deleted. Underlined passages are added. #2014-0-07 Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strip passages are deleted. Underlined passages are added. #2014-0-07 PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 4 Strip passages are deleted. Underlined passages are added. #2014-0-07 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1, Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North 1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement over the South 25 feet of the North 50 feet over that Part of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia County, Florida. 5 Strike +eug=passages are deleted. Underlined passages are added. #2014-0-07 EXHIBIT "B" 6 Strike g i passages are deleted. Underlined passages are added. #2014-0-07 Hz� U � V � C./ v �1 � 1 „, V j 7 U _ (7)-Q 1\, ,,, Ole 10 , Q , i 1 ':,, -N*)0■°.11,W2.\ %Cfm, • :I 9 I IA I! "1*f,,p .t v 2 *11 Itok4*1* 1 „..000e,,,....e* S 01 ) r 1 iiii,Imo 1 k'ieii40 . 0 4 tift$A,1\"" a• 40 I.:. 1 a4 1.1 . - ,&■ IT . 4:40.V F- IA wp.14,6;etn E, t..- ,tro ,tj. 0 w lila.;I, 41 ,, ii, ' >CC I till I. 11 11 17-1.1 I;Is 11 RE: gas NMI =: �i \AO :IOW= E ����` �L ► eta �, : •- ' 1 1�tiliTai ,i AGENDA REQUEST C.A. #2014-CPA-1308 Date: January 21, 2014 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2014-0-08 Jay and Sheila Gawthrop, applicants requesting an amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of property located at 2401 Swordfish Lane as Low Density Residential. OWNER: Jay and Sheila Gawthrop APPLICANT/AGENT: Jay and Sheila Gawthrop REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential. PROPOSED USE: Residential LOCATION: 2401 Swordfish Lane AREA: .31± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W(Urban Single-Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-1 (Single-Family Residential) East Indian River Indian River Indian River South Single Family Residence Low Density Residential R-1 (Single-Family Residential) West Vacant Low Density Residential R-1 (Single-Family Residential) Background: The subject property consists of a single family residence that was built in 1982. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Swordfish Lane. City water and sewer services are available. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." Volusia County—Urban Low Intensity (ULI) Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one-quarter (1/4) mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater—Low Density Residential (1.0 to 4.0 units per net acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Other Matters: At their regular meeting held on January 8, 2014, the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of land located at 2401 Swordfish Lane as Low Density Residential. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-08, an amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of property located at 2401 Swordfish Lane as Low Density Residential. ACTION REQUESTED: Motion to approve Ordinance 2014-0-08. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Resp fully subm. ted, Concurrence: 44&1:1 Da - Lear Robin L. Matusick Development Services Director Paralegal Tracey T. Barlow City Manager ORDINANCE NO. 2014-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on Wednesday, January 8, 2014, on the proposed Plan Amendment; 1 Strik gr passages are deleted. Underlined passages are added. #2014-0-08 WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential (.31 + acres) for property described in Exhibits "A" and «B” PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: 2 Str kevcrxncthrough passages are deleted. Underlined passages are added. #2014-0-08 Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2013-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on February 3, 2014 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B") The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. PART C. PUBLIC HEARINGS. 3 Strike-through passages are deleted. Underlined passages are added. #2014-0-08 As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is published. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his 4 Strike through passages are deleted. Underlined passages are added. #2014-0-08 designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or 5 Strike through passages are deleted. Underlined passages are added. #2014-0-08 circumstance. PART F. ADOPTION. After Motion to approve by After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 6 Strike through passages are deleted. Underlined passages are added. #2014-0-08 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 7 Stfike-thfetigh passages are deleted. Underlined passages are added. #2014-0-08 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1, Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North 1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement over the South 25 feet of the North 50 feet over that Part of the Northeast '/4 of the Southeast '/4 of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia County, Florida. 8 mike-threugh passages are deleted. Underlined passages are added. #2014-0-08 EXHIBIT "B" 9 Strike passages are deleted. Underlined passages are added. #2014-0-08 + 1 0O i t / (/ \_ t Q o N ' 1, a Vistin I I I ( 11**4;.**°41;;;r1 Ilr \II •70 . il pot ii, w- , At 00 Irr 0 ,•••• h feke4V ��.� lil t�.•• ii,[A, ' * * ' tx \ REE 1 gam FIT( Pr O■ < !Li& CE, b 4A , sTrill ' F .1 0 -0- it--- 7= pril IPA tfk%/U WA NI , 4,,,, ,„. zo I_ 1 ILT ,T5 0 0 x IN III *�w ; 111 , ' Jul �� '' i —inriolk, 7 r; i Y r. > 4IFM ■ m rD r 1.D I � - al ■'�H C\1�� • ■LqL ' 0 illi 14 Pi' I - 010 . VO4 m 1:17 II,. II -. ,/ 5' = 0 F,) Z 7,11 0 VP tt*‘\" ' *4 , 1 'w = vgs4_4, \ \\ 101 lc g OW:.*>,< '0 \ ,a. a 1111 (D ® � r a. a - ' ca -----(_. 4 1'� rili.‘-`- -r-`- - -•-+-�A , rim® - AR' •i�i ; 1 Q SyPci/ • i r % � I, 1 . ii immj wr IIIIN 17611. f>‘•,. 1 .1/2\ _ 73 0 0 30 t‘VtA Ell I- rri r C y . 2 0,3gw070 �•■ • 1* S CI: = a. ( n' r ♦ oat - :-10 Bonn _ a.esa H — lD SO \ ill w CD 'dam zBc � � � oo 10‘4, 0 ;".1.4.:) 4,... ‘ .... ' 14;1 ** La ,, <41,A. , • r "0 1 a AGENDA REQUEST C.A. #2014-RZ-1306 Date: January 21, 2104 PUBLIC HEARING February 3, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1St Reading Ordinance No. 2014-0-09 Jay and Sheila Gawthrop, applicants requesting an amendment to the Official Zoning Map to include .31± acres of property located at 2401 Swordfish Lane as R-2 (Single-Family Residential) OWNER: Jay and Sheila Gawthrop APPLICANT/AGENT: Jay and Sheila Gawthrop REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-2 (Single- Family Residential) PROPOSED USE: Residential LOCATION: 2401 Swordfish Lane AREA: .31± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Urban Single-Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-1 (Single-Family Residential) East Indian River Indian River Indian River South Single Family Residence Low Density Residential R-1 (Single-Family Residential) West Vacant Low Density Residential R-1 (Single-Family Residential) Background: The subject property contains a single family residence that was built in 1982. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Swordfish Lane. City water and sewer services are available. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-2 (Single-Family Residential) zoning district is compatible with the proposed Low Density Residential Future Land Use designation. Other Matters: At their regular meeting held on January 8, 2014, the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include .31± acres of land located at 2401 Swordfish Lane as R-2 (Single-Family Residential). STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-09, an amendment to the Official Zoning Map to include .31± acres of property located at 2401 Swordfish Lane as R-2 (Single-Family Residential). ACTION REQUESTED: Motion to approve Ordinance 2014-0-09. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectf i 1 y submitte , Concurrence: Darren Lear r Robin L. Matusick Development SerJces Director Paralegal Tracey T. Barlow City Manager ORDINANCE NO. 2014-0-09 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) FOR .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Jay and Sheila Gawthrop have applied for annexation of property located at 2401 Swordfish Lane, within Volusia County, Florida. Subject property contains approximately .31 + acres. 2. The owner/applicant has submitted an application for a change in zoning classification from County R-3W (Urban Single-Family Residential) to City R-2 (Single Family Residential) for the property described herein. 3. On January 8, 2014 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the 1 dough passages are deleted. Underlined passages are added. #2014-0-09 surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from R-3W (Urban Single-Family Residential)to City R-2 (Single Family Residential) for the property described in Exhibit"A". PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida,to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. 2 Strike t gh passages are deleted. Underlined passages are added. #2014-0-09 After Motion to approve by After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Strike4hr-eugh passages are deleted. Underlined passages are added. #2014-0-09 PASSED AND DULY ADOPTED this day of , 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of , 2014 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe&Kundid 4 Strike through passages are deleted. Underlined passages are added. #2014-0-09 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1, Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North 1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement over the South 25 feet of the North 50 feet over that Part of the Northeast '/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia County, Florida. 5 Strike through passages are deleted. Underlined passages are added. #2014-0-09 Cia AGENDA REQUEST Date: January 8, 2014 February 3, 2014 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT x CONSENT BUSINESS ITEM DESCRIPTION: Re-appointment of Debra Sopko to the Recreation/Cultural Services Board BACKGROUND: Mrs. Sopko's term expired on December 6, 2013. She has expressed her desire to be re- appointed for another 3 year term. STAFF RECOMMENDATION: Re-appoint Debra Sopko to the Recreation/Cultural Services Board for a term of 3 years. ACTION REQUESTED: Motion to re-appoint Debra Sopko to the Recreation/Cultural Services Board for a term of 3 years. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO x PREVIOUS AGENDA ITEM: YES NO x IF SO, DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: te-/Z ,,ack Corder Tracey . Barlow :/Department Director City anager B KowalI From: Debra Sopko[sopkod@yahoo.com] Sent: Thursday, January 02, 2014 12:39 PM To: B Kowall Subject: RE: Park Board Yes I would. Like to be re appointed to the board From: B Kowall Sent: 1/2/2014 8:49 AM To: Sopkod @yahoo.com Subject: Park Board Deb, Your term on the Recreation Board expired Dec.6`h. Please respond if you wish to be re-appointed, so I can get the paperwork started . Thanks Barb To signup for Edgewater's E-newsletters click http://www.cityofedgewater.org/index.php/newsletter- signup To Like us on Facebook click https://www.facebook.com/pages/City-of-Edgewater- Florida/156640071072841 To visit our website click http://www.cityofedgewater.org/ 1 RECEIVED ti 16 2019 t WG1 ATER1 en CLERK ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* e LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* 1 RECREATION&CULTURAL SERVICES 3 ECONOMIC DEVELOPMENT 2 PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMI11EE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk(*) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Donna Martin Address 2729 Travelers Palm Dr. Home Phone 386-402-4247 Business/Cell Phone E-Mail Address djmartin1940 @gmail.net Occupation stained glass artist Are you a resident of Edgewater? v how long 1 year Is your principal place of employment in Edgewater? yes Are you currently serving on a City Board? no Have you ever served on a City Board? yes If yes, when and which Board? bicycle path back in early 2000's REFERENCES—Please list three business and/or personal Ron Grutz,Nest NSB 315 Live Oak,NSB 2356331 Name, address and phone Sally Mckay The Hub NSB 386.957.3924 Name, address and phone Vicki Geho 315 Pine St.NSB 428-7621 Name, address and phone Wage EDUCATION High School Cass Tech,Michigan College Oakland University, Rochester MI Degree(s)BA General, minor Human Resource Development WORK EXPERIENCE 30 years Bookkeeping and operations for different companies retired from Chrysler, Auburn Hills, MI INTEREST/ACTIVITIES the arts, nature, and excellent education opportunities COMMUNITY INVOLVEMENT new member of Audubon, teacher at the summer art camp"Art is Creation" at The Artists' Workshop WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? To protect my town's value by improving the reasons to live here. EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR In Michian I was on the zoning appeal board A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appo. e•. 411i ' i_.i.' 7— / `'S' 7/14/13 •pplicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage &WQ C��YoFEp EDGI VATER APO , eoia ADVISORY BOARD—VOLUNTEER APPLICATION c/ Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each • application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* 2 LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* 1 RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name \O,d\f k\Qlk.).YOS MUN\\,\C15 Address \ V.)■\\Olt.) V>ri�� Home Phone 3? o crJl2l�- 83 i Business/Cell Phone 3gLQ- 2.2( —MR Occupation \ cp-e r LCD pC g.essuul Are you a resident of Edgewater yes how long.,i ie j 5 Is your principal place of employment in Edgewater no At the present time, do you serve on any other City Boards or Commissions no if yes, please list each Have you ever served on any Boards,agencies or committees r c if yes,please list each REFERENCES—Please list three business and/or personal \T__VOexl G \,.f\Vrs \to 5 5.9.■Nywood (eve. 3`3U2-`-1a`-\---\y5 Name,address and phone `11CO,C-e\' ?G`C\oY\l \Uy -V-NM∎Oe. \'7rive� L\-L10 o s ‘ 0\ Name, address and phone C ctO,y i\de c ca ! \-11-k aroNc-5 CircX i�.\- \\ 3B( -5-a-1 -5? to Name,address and phone 11Pag` --... EDUCATION High School N Q_u) SrntyrnO, ?'QC`n WI) Sc`(oo College \)6\i•eX5\4 o-F 1-grn , Vorcahom Univ.() , univ. C - Gentak. Mori Degree(s)%.5. ) r(1 .S. 'Edv _CC. Can t riv_e{;Qn t)rake ( pc oces57 WORK EXPERIENCE p\eaS� 5.e•P ak\cL Oc PCV (fit t.Cl'1 f INTEREST/ACTIVITIES tt t, COMMUNITY INVOLVEMENT WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? (So \ \o& � e1. . us. .PT - e. i,• bti• \• • •. • . _`, . c QnsOer-ed Inprne . PV-C-4-Or � � \f a% \ -Or mii- e \t kD Sex't. . arhe CAN ani heXo pram de Ovpx)r- ►�i-e2 EXPERIENCE Q ALT F�1 CATIONS RELATED TO BOARD(S) APPLYING FOR \•C` 1' - - - • e me A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. A*. (10741.14,fi 4-11aBli 5 Applicant i r ture Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21Page.� Kadie Hayward Mullins 1828 Willow Oak Drive I Edgewater,Florida 32132 386.566.8364 I KadiejHayward@gmail.com REducate.wordpress.com OBJECTIVE To maintain active participation in the field of educational leadership and administration while pursuing development,research,and instruction of socially just educational practices and reforms. EDUCATION University of Central Florida College of Education I Orlando,Florida 2013-Current Degree:Doctor of Education,Educational Leadership Fordham University Graduate School of Education I New York,New York 2011-2012 Degree:Master of Science in Education Administration and Supervision University of Tampa I Tampa,Florida 2006-2010 Degree:Bachelor of Arts in History,Minor:English/Writing PROFESSIONAL EXPERIENCE Embry Riddle Aeronautical University August 2012-Current Marketing and Admissions Coordinator,Department of Doctoral Studies Marketing • Develop an effective marketing strategy for the Ph.D.in Aviation program working closely with Worldwide campus marketing teams to reach a broad audience of prospective applicants • Design,edit,and proof marketing materials including but not limited to brochures,flyers,banners,posters, advertisements,signs,and displays • Plan event activities to promote the program • Develop and maintain the Ph.D.in Aviation program's web presence ensuring the website is complete, accurate,and complies with all appropriate University standards • Represent the program at various functions to increase the general awareness of the program Admissions • Manage admissions activities from inquiry to decision while maintaining tracking of all applications and prospective applicant inquiries • Prepare and distribute reports on a regular basis • Establish rapport with Financial Aid to ensure the financial needs of Ph.D.in Aviation students are met • Develop and maintain operation processes to ensure smooth transition of students throughout all program\ phases • Measure effectiveness of recruitment initiatives and develop strategies to increase the number of qualified applicants Program Development • Establish fellowships and additional forms of financial support for the program's students • Develop proposal,including plan of execution and budget,for establishment of residential program • Assist faculty in curriculum development through research and organization Advisor,Humanitarian Club January 2013-Curent Advisor,National Residence Hall Honorary April 2013-Current Serendipity Creative Events Owner/Coordinator September 2012 -Current Business Management • Create and implement marketing strategy,including published materials,advertisements,event shows, promotional events,and vendor discount programs • Update social media outlets such as Facebook and Twitter and utilize the platforms in marketing strategy • Maintain business website and blog,writing creative and interesting posts related to event planning • Train and supervise a team of 3-6 team members • Manage budgeting,banking,and all business documentation Event Coordinating • Manage all details of a variety of occasions such as bridal events,banquets,parties,and leadership development focused conferences and conventions. • Develop and maintain event budget with client • Liaise with vendors and clients including scheduling appointments and managing calendars • Utilize creative thinking to make each event unique and custom to the client's needs • Oversee set up and break down of each event,including directing all vendors • Create and distribute event schedules and ensure clients are able to enjoy their special occasion. PROFESSIONAL EXPERIENCE CONTINUED New York University Admissions Officer,School of Continuing and Professional Studies February 2012-August 2012 Application Processing • Evaluate and assess students'applications determining whether to approve or deny,or in some cases, advocate on behalf of borderline applicants for the Admissions Committees'consideration. • Develop and cultivate positive relationships with students with the goal of promoting serious interest • Advise students on application process,programs,academic requirements,financial aid,housing,and other student services to ensure a successful transition to the university. Liaise • Provide back up coverage and/or assistance to the Assistant Director of Admissions and Financial Aid and the Application Processing Supervisor • Manage communications for international students requiring study in the American Language Institute and serve as the international student point of contact Recruitment • Research,compile,and present for approval the local,national,and international recruiting schedules and manage travel expenditures against budget • Represent the university to potential students at on-campus,off-campus,and virtual recruitment events Training and Office Management • Create training manuals for all inner office systems and provide training for incoming team members • Implement inner office organizational changes Fordham University Graduate School of Education Teaching Assistant,Graduate January 2012-July 2012 School Finance,School Law,&Fundamentals of Administration • Prepare and facilitate lesson plans for courses following syllabi and department expectations • Create and distribute course materials and assignments • Facilitate in-class activities and discussions • Collect and grade assignments,keeping records of all results The University of Tampa Public Relations Assistant&Assistant Counselor,Office of Admissions August 2006-May 2010 • Meet with prospective undergraduate and graduate students to discuss admissions processes,program options,and first semester course selection • Assist in the planning and implementation of large scale,on and off-campus recruitment events • Provide year-long contact and course-plan review for first year freshman,transfer,and graduate students • File and review reports,applications,and transcripts • Schedule and lead campus visits for prospective undergraduate students • Assist Associate Admissions Counselors with individual appointments and assignments a needed Freshman Gateways Mentor/Teacher,Gateways Orientation Program August 2007-May 2010 • Direct a class of 30-35 students each year through curriculum focused on time management,successful study habits,goal setting,and service-learning • Provide academic advisement prior to registration to assist students in planning course schedules, internships,and volunteer opportunities • Coordinate service projects for students focused in their indented field of study Office Assistant,Honors Program Office August 2008-May 2010 • Meet with students regarding Honors Program acceptance,programs,courses,and graduation • Coordinate and implement special events including Honors Graduate Ceremony,Honors Awards Night, and Respondez!Student Non-Fiction Publication Release Party Head Resident/Building Supervisor,Office of Residence Life April 2009-May 2010 • Supervise a staff of seven resident assistants,three desk assistants,and a building of 235+ upperclassmen residents • Build an inclusive community and a positive rapport with students and staff by maintaining availability,visibility,and a genuine concerned attitude • Serve as Advisor to the Hall Council,providing direction in hall programming and governance • Conduct on-going evaluation of student and staff and resolve problem areas • Assist in providing on-duty coverage for residential population on a rotating basis with week shifts • Assume responsibility for the opening and closing of the residence hall PROFESSIONAL EXPERIENCE CONTINUED Resident Assistant,Office of Residence Life April 2007-April 2009 • Develop a community-like atmosphere that is inclusive of all residents by establishing one-on-one relationships based on trust,respect,and confidentiality • Promote the establishment of a relationship between the living situation and the ongoing cultural, academic,and social life of the university. • Plan,promote,and implement diverse and educational programs for residents ADDITIONAL RELEVANT WORK EXPERIENCE Kass Shuler,PA,REO/Default Subject Matter Expert May 2010-July 2011 Workflow • Assist in supervising REO I Default Specialist team of 8-12 employees • Monitor daily status reports for Eviction,Lien Monitoring,Mobile Home,and Title Policy matters • Review escalated issues and provide analysis and direction for handling specialists Team Development,Training,and Recognition • Create and maintain training manuals and computer-based interactive training presentations for incoming Eviction,Lien Monitoring,Mobile Home,and Title Policy Specialists • Provide and monitor training fa;incoming REO I Default team members • Assess team needs and provide adjustments to procedures,reports,documents,and environment • Act as liaison between team members and supervisory team regarding issues and concerns CORE COMPETENCIES • Working with diverse populations including those of varying abilities,and of economically challenged and international backgrounds • Developing and implementing large,medium,and small scale leadership curriculums(12+years) • Research,grant-writing,and conference presentation experience(7+years) • Event coordinating including conferences,conventions,training workshops,and banquets(8+years) • Classroom management(10+years) • Curriculum and lesson plan development including differentiate learning implementation(9 years) • Computer proficiency:Microsoft Office Suite,iWork,Adobe DreamWeaver and PhotoShop,WPM:85+ • Intermediate graphic design/editing experience(5+years) • Facilitate and manage development of marketing campaign including print materials,social media,and recruitment events(7 years) RESEARCH The Missing Pieces:Preparing Higher Education Institutions for Autistic Students 1 2012-Current Andragogy:Adult Learning for the Classroom&Professional Development 1 2012-Current Parental Involvement:The Difference in Elementary,Middle,and High School 1 2012-Current Understanding Autism:Disability Laws and ASD Students 1 2012 The Power of Living-Learning Communities:Student Success and LCCs 1 2011 Social Justice &Democracy in the Classroom:Integration Techniques and Outcomes 1 2010-2011 Florida Literacy Levels:Trends and Improvement Techniques 1 2006-2007 The Honor Society of Phi Kappa Phi, Fordham University I August 2012-Current Teaching For Change,Research Assistant I April 2012-Current Kappa Delta Pi International Honor Society in Education,Member I April 2012-Current Phi Delta Kappa International Professional Education Association,Member I April 2012-Current Fordham University Social Justice Consortium,Member I August 2011-Current Building Blocks:Foundations for Florida Literacy Program, Developer&Founder I April 2007-Current RELEVANT MEMBERSHIPS Edgewater Fire and Rescue Association, City of Edgewater I August 2012-Current Kiwanis International,Daytona Beach Kiwanis&NY Young Professionals Kiwanis eClub I August 2000-Current Autism Speaks,Member I September 2006-Current References and Extended C.V.Available Upon Request • Kadie Hayward Mullins 1828 Willow Oak Drive I Edgewater,Florida 32132 386.566.8364 I KadieJHayward @gmail.com REducate.wordpress.com April 23, 2013 Attention: Bonnie Wenzel, City Clerk 0 City of Edgewater P.O. Box 100 Edgewater, Florida 32132 RE: City of Edgewater Advisory Board Application Ms. Wenzel, Enclosed please find my Advisory Board application for consideration for a position in the Recreation and Cultural Services Board or the Library Board.Though I have traveled for work and school, I have maintained my permanent residency in Edgewater knowing I would return to the city that afforded me endless opportunities. I would be thrilled to have the opportunity to help continue those opportunities to Edgewater residents. Should you have any questions regarding my application or require further information, please do not hesitate to contact me. Sincerely, / / iffr4 0/ Kadie Hayward Mullins �O• AGENDA REQUEST Date: January 22,2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS February 3,2014 ITEM DESCRIPTION: Approval of Settlement Agreement with Old Republic Insurance Company for payment of delay damages under the payment and performance bond issued for construction of Fire Station#55. BACKGROUND: The City entered into a contract with Pat Cook Construction for the construction of Fire Station #55. The contract required the construction to be completed by November 28, 2011. However, the construction did not reach substantial completion until May 23, 2012. As of October 16, 2012, the Fire Station was still not completed and so the City terminated the contract and made a claim on the Payment and Performance Bond issued by Old Republic Insurance Company. The Fire Station is now completed and a tentative settlement agreement has been negotiated with Old Republic whereby the City will receive a payment of$39,000.00 to settle its delay claim on the project. The $39,000.00 payment will compensate the City for $19,320.00 in additional engineering services, $2,500.00 for additional staff time and $17,180.00 for additional legal expenses associated with the delay. STAFF RECOMMENDATION: Approval of Settlement Agreement. ACTION REQUESTED: Motion to approve the Settlement Agreement and authorize execution of same. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so,DATE: AGENDA ITEM# Respectfully submitted, Concurrence: 111. Aaron R. Wolfe Robin L. Matusick City Attorney Paralegal racey T. a mow City Ma 'ger SETTLEMENT AGREEMENT This Settlement Agreement(the "Agreement") is entered into as of the day of January, 2014 ("the Execution Date") by and between CITY OF EDGEWATER ("City"), and OLD REPUBLIC INSURANCE COMPANY("Old Republic")(hereinafter collectively referred to as"the Parties"). RECITALS WHEREAS, on or about November 15, 2010, PAT COOK CONSTRUCTION, INC. ("Pat Cook"), and the CITY OF EDGEWATER("the City")entered into a construction contract for certain improvements to be made to the real property located at 1605 S. Ridgewood Avenue more commonly known as Edgewater Fire#55, in Volusia County, Florida(the"Project"); WHEREAS, on or about November 15, 2010, Old Republic furnished a payment and performance bond for the Project pursuant to Chapter 255, Florida Statutes (collectively "the Bond"); WHEREAS, the terms of the construction contract set forth the date of November 28, 2011 as the date for Substantial Completion, and the City contends the Project did not achieve Substantial Completion until May 23,2012; WHEREAS, the City originally claimed liquidated damages for delay arising out of and from the time period of November 28, 2011 through May 23, 2012 in the amount of$88,500.00 (177 days at $500/day), plus $18,141.00 for additional architectural, contract administration and inspection fees(the"Delay Claim"); WHEREAS, the City notified Old Republic of the Delay Claim by written correspondence dated October 16, 2012, also providing notification of the City's termination of Pat Cook's contract on the Project; WHEREAS, the City undertook the completion of the Project, the Final Certificate of Occupancy issued for the Project on or about July 31, 2012, and the City has had beneficial use of the Property since on or about July 31,2012; WHEREAS, the City has released all remaining retainage and contract balance to Old Republic; WHEREAS, the City has represented the Final Completion Date for the Project was December 16, 2013, and the Engineer issued the Engineer's Final Certificate on January 16, 2014; WHEREAS, disputes have arisen between the Parties regarding the delays that occurred on the Project and the resulting Delay Claim, however, the Parties have not commenced litigation regarding the disputes; WHEREAS, the City subsequently re-calculated its Delay Claim as a claim for actual damages in lieu of liquidated damages; and SLK_TAM:#1699128x3 Page 1 of 5 WHEREAS, the Parties believe that the disputes and controversies between them regarding the Delay Claim and the Project should be resolved to avoid further disputes or possible litigation. NOW, THEREFORE, in consideration of the mutual promises, covenants, and obligations set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: AGREEMENT 1. Recitals. All of the above Recitals are true and correct and incorporated herein. 2. Monetary Terms of the Settlement. The Parties agree as follows: (a) Within fourteen (14) days of the execution of the Agreement, Old Republic shall pay to the City the sum of Thirty Nine Thousand and 00/100 Dollars ($39,000.00). Such payment shall be made payable to City of Edgewater, and shall be sent to Aaron R. Wolfe, Esquire, Doran Sims Wolfe Kundid, 1020 W. International Speedway Blvd, Suite 100,Daytona Beach, FL 32114. (b) Other than as included in the agreed upon settlement sum, each party will bear its own attorneys' fees and costs. 3. Non-Monetary Settlement Terms. In addition to the payment outlined in Paragraph 2, above,the following terms apply to this settlement: (a) Within five (5) days of the execution of the Agreement, the City shall provide Old Republic with the Engineer's final certificate set forth in Section 4.2.1.2 of the contract,and/or all other documentation evidencing the final close-out of the Project. (b) Old Republic shall resolve all claims of valid payment bond claimants of unpaid subcontractors, sub-subcontractors and/or suppliers known to Old Republic, to the extent said claims are allowable pursuant to the Bond and not time barred. (c) With regard to Section 8.4 of the Contract concerning the one year warranty by the Contractor for workmanship and materials being free of defects, the City represents and agrees that the stated one year warranty period for the same is deemed expired by agreement of the Parties. With regard to latent defects(which were not known and could not reasonably have been known by the City as of the Effective Date of this Settlement Agreement), Old Republic shall remain liable for said latent defects in accordance with paragraph 8.4 of the Contract and the Bond, notwithstanding the Release by the City of Old Republic in paragraph 4 of this Settlement Agreement. 4. Release by the City of Old Republic. Once the above settlement conditions are satisfied, the City, on behalf of its officers, agents, representatives and employees, past and present, does hereby and by these presents, and for anyone claiming by or through or under them, fully remise, release, acquit, and forever discharge Old Republic, and its respective sister companies, parent companies, predecessors, successors, affiliated entities, beneficiaries, officers, SLK_TAM:#1699128v3 Page 2 of 5 directors, shareholders, representatives, employees, agents, attorneys, insurers, and reinsurers of and from any and all rights, claims, demands, damages, actions, and causes of action, of any nature whatsoever, whether known or unknown, whether arising at law or in equity, which the City on behalf of itself and all those claiming by and through it, ever had, now has, or hereafter can, shall or may have, may have had, may now have, or may hereafter have, against Old Republic, and by reason of any matter, cause, happening or thing, from the beginning of time, occurring prior to and including the date of this Agreement, including,but not limited to,any and all claims made or which could have been made with regard to liquidated damages, the Delay Claim,the Bond and the Project, and any and all claims for statutory or common law"bad faith" against Old Republic that relate to the manner or timeliness in which Old Republic reviewed, handled, investigated, or settled the City's claims. 5. Release by Old Republic of the City. Once the above settlement conditions are satisfied, Old Republic, including its respective sister companies, parent companies, predecessors, successors, affiliated entities, beneficiaries, officers, directors, shareholders, representatives, employees, agents, attorneys, insurers, and reinsurers, does hereby and by these presents, and for anyone claiming by or through or under it, fully remise, release, acquit, and forever discharge the City, on behalf of its officers, agents, representatives and employees, past and present, of and from any and all rights, claims, demands, damages, actions, and causes of action,of any nature whatsoever,whether known or unknown whether arising at law or in equity, which Old Republic, on behalf of itself and all those claiming by and through it, ever had, now has, or hereafter can, shall or may have, may have had, may now have, or may hereafter have, against the City, by reason of any matter, cause, happening or thing, from the beginning of time, occurring prior to and including the date of this Agreement, including,but not limited to,any and all claims made or which could have been made with regard to the Delay Claim, the Bond and the Project. 6. Assignment of Claim. The City does hereby sell, assign and set over unto Old Republic, its successors and assigns, any and all of the City's claim(s) against Pat Cook, directly or indirectly, and does hereby constitute and appoint Old Republic, its successors and assigns, as its true and lawful attorney irrevocable with power of substitution and revocation, for the use and at the expense of Old Republic to ask, demand and receive payment, to adjust, settle or compromise and to bring suit, to file liens and to take all lawful ways and actions for the recovery of money due or to become due on any claims the City may have as against Pat Cook, and on payment to give full acquittance and discharge of same. 7. Governing Law. This Agreement in all respects shall be construed, interpreted, governed,and enforced according to the laws of the State of Florida. 8. Attorneys' Fees and Costs. a. Each Party to this Agreement shall bear its own attorneys' fees and costs incurred in any manner with respect to the preparation and execution of this Agreement. SLK_TAM:#1699128v3 Page 3 of 5 b. In the event that any Party brings any action or motion to enforce, or for breach of, any term of this Agreement, the prevailing Party in any such proceeding shall, in addition to all other relief granted by the court, be entitled to recover his or its reasonable attorneys' fees. 9. Executed Copies. a. This Agreement may be executed by telecopy and in counterparts. b. The execution of any telecopied original shall be deemed to be the equivalent of the execution of an original. c. Any re-telecopied copy of this Agreement, executed as described in subparagraph(b)herein, shall be deemed an original of this Agreement for all purposes. 10. Binding Effect. This Agreement and all the terms, conditions, covenants, representations, and warranties hereunder, shall be binding upon, and inure to the benefit of, the Parties and their respective past, present, and future insurers, agents, employees, members, managers, directors, stockholders, subsidiaries, affiliates or parent corporations, attorneys, successors, assigns, heirs, personal representatives, and any person claiming by or through it or him. 11. Headings. The headings of the various sections in this Agreement are inserted solely for the convenience of the Parties, and shall not affect the meaning, construction, or interpretation of this Agreement. 12. Entire Agreement. a. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes and cancels any and all prior discussions, negotiations, arrangements, agreements, and understandings between the Parties with respect to the subject matter hereof. b. This Agreement may not be modified or otherwise amended except by a written instrument that expressly refers to this Agreement and is executed by all Parties to this Agreement. c. No Party or other person has made any oral or written representation, other than those explicitly set forth in this Agreement, upon which any Party is relying in making his or its decision to enter into this Agreement. 13. Interpretation. The Parties acknowledge that (a) each Party and its counsel have participated in the negotiation and preparation of this Agreement, and (b) the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation or construction of this Agreement or any amendments hereto. SLK_TAM:#1699128v3 Page 4 of 5 14. No Admission. Neither the payment by Old Republic as set forth herein, nor the acceptance of the same by the City, shall be deemed an admission of fact or liability by any Party. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. City of Edgewater By: Print Name: Its: Date: Old Republic Insurance Company By: Print Name: Its: Date: SLK_TAM:#16991283 Page 5 of 5 lob AGENDA REQUEST Date: January 23, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS February 3, 2014 ITEM DESCRIPTION: Monson & Riverview Drive Stormwater Improvement Design by Quentin L. Hampton Associates, Inc. in the amount of$34,300. BACKGROUND: Quentin L. Hampton Associates, Inc. updated the City's Stormwater Master Plan and identified within the Capital Improvement Plan a project on Monson and Riverview Drives to reduce flooding and increase stormwater quality discharge. Currently, stormwater flows easterly from these roads directly to the Indian River Lagoon. The proposed project would incorporate exfiltration trenches, swales and a baffle box to treat runoff and alleviate minor flooding issues. Quentin L. Hampton Associates, Inc. has provided a proposal in the amount of $34,300 to provide surveying, design, grant application assistance and other engineering services for this project. This project is identified in the current year's budget. STAFF RECOMMENDATION: Approval to allow Quentin L. Hampton Associates, Inc. to perform the design work as outlined in the proposal in the amount of$34,300. ACTION REQUESTED: A motion to approve the purchase order for Quentin L. Hampton Associates, Inc. to perform the design work as outlined in their proposal in the amount of$34,300. FINANCIAL IMPACT: (Finance Director) $34,300 (449-5555-580.63-10) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX Jo jr cKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal racey T C arlow City M- ager TELEPHONE:(386)761-6810 BRAD T.BLAIS,P.E. Quentin L. Hampton Associates, Inc. FAX:(386)761-3977 DAVID A.KING,P.E. EMAIL: iha@glha.com ANDREW M.GIANNINI,P.E. Consulting Engineers g KEVIN A.LEE,P.E. P.O.DRAWER 290247 PORT ORANGE,FLORIDA 32129-0247 December 18, 2013 Brenda Dewees City of Edgewater P.O. Box 100 Edgewater, FL 32032 RE: CITY OF EDGEWATER MONSON AND RIVERVIEW DRIVES STORMWATER IMPROVEMENTS Dear Brenda, Per your request, we are providing you this Scope of Services and Fee Proposal for the design and permitting phases of this project. The scope of work includes the work we believe is necessary based on our discussions with you and your staff and our understanding of the project. QLH is familiar with the project which was included in the recent stormwater masterplan update by QLH. The project involves the construction of stormwater treatment including exfiltration trenched, a baffle box and swales to treat runoff to the Indian River from Monson Drive and Riverview Drive. The City desires to construct sidewalks also. Please contact our office if you have any questions. Sincerely, QUEN MPTON ASSOCIATES, INC. j9/7 /4("Li- —4 David A. King, P.E. Andrew M. Giannini, P.E. Vice President Project Engineer DAK/AMG:ah Enclosure cc: QLH file array EW104 Proposal ah SCOPE OF SERVICES AND FEE PROPOSAL MONSON AND RIVERVIEW DRIVES STORMWATER IMPROVEMENTS CITY OF EDGEWATER December 18, 2013 General - This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement between the City of Edgewater (CITY) and Quentin L. Hampton Associates, Inc. (QLH). Basis of Design - The basis of design is shown on the attached Figure IRL-09 from the recent stormwater master plan update. As shown in the figure exfiltration trenches are proposed to treat the runoff from the streets and homes, then convey to a baffle box and shallow swale for additional treatment before discharge to the Indian River. Scope of Work - QLH will perform the following work activities and will provide the respective deliverables: Survey- QLH will to provide a project specific route survey. QLH will solicit existing utility information from the various utility companies via "desktop" or "level 1" mark-ups. QLH will provide additional field reconnaissance to collect other information required for the design. Design - QLH will prepare complete design documents including construction plans and technical specifications. Submittals will be made to the City at the 60%, 90% and Final design phases for review/comment by the City. Construction cost estimates will also be provided at these phases. The design shall comply with City and SJRWMD regulations. An allowance for a biological consultant is included for the possibilities of St. Johns requiring such task. Permitting- QLH will make application to the following agencies for the listed permits: • SJRWMD - Environmental Resource Permit QLH will assemble the permit application package and submit such to SJRWMD. City is responsible for any/all permit application fees. QLH will respond to all reasonable Requests for Additional Information (RAIs) from SJRWMD. If additional permits are required, QLH reserves the right to adjust this scope of services and fee proposal. Grant Application Assistance - QLH will assist the City in applying for grant funding assistance. These efforts include preparing the grant application with all required EW104 Proposal ah documentation for the City to submit. QLH will utilize master plan document to provide much of the information needed. Exclusions- The following work activities are not included in this scope of work: • Bidding Assistance • Construction Phase Service • Easement Acquisition Proposed Fees - QLH will complete the work for a fee of$34,300 based on the following breakdown: Survey and Field Reconnaissance Allowance $ 8,000 Design Lump Sum $ 12,500 Permitting Lump Sum $ 3,500 Grant Application Assistance Lump Sum $ 4,300 Printing Allowance Allowance $ 1,000 Biological Consultant Allowance $ 3,000 Geotechnical Engineering Allowance $ 2.000 TOTAL $34,300 (Allowances to be billed at actual cost) PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF QUENTIN L. HAMPTON ASSOCIATES INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Prepared By: QUENTIN L. HAMPTON ASSOCIATES, INC. -Consulting Engineers- December 18, 2013 EW104 Proposal ah AGENDA REQUEST JOC Date: January 21St, 2014 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS February 3rd, 2014 CORRESPONDENCE ITEM DESCRIPTION: Authorization for the City to enter into an Affiliation Agreement with Daytona State College for the Emergency Medical Technician and Paramedic students. BACKGROUND: The City and Daytona State College have had an agreement in place for many years that allows students of the Emergency Medical Technician and Paramedic programs to ride and train with the Edgewater Fire Rescue Department. As to date there have been no issues or concerns with the program. This Affiliation Agreement will continue this program for an additional 3 years. STAFF RECOMMENDATION: Staff recommends the City to enter into the Affiliation Agreement with Daytona State College. ACTION REQUESTED: Motion to authorize the City Manager to execute the Affiliation Agreement with Daytona State College. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, � - C.,, Stephen Cousins Robin Matusick Fire Chief Paralegal .or J Trace -T[Barlow Cit anger AFFILIATION AGREEMENT BETWEEN DAYTONA STATE COLLEGE AND CITY OF EDGEWATER FIRE RESCUE WHEREAS, DAYTONA STATE COLLEGE desires to enter into an Affiliation Agreement with City of Edgewater, for educational purposes for the benefit of the students at Daytona State College. NOW, THEREFORE, the parties agree as follows: I. PARTICIPATING AGENCIES The participating agencies in this agreement are the Daytona State College, hereinafter "College" and City of Edgewater, designated hereinafter as "Agency." II. STATEMENT OF AGREEMENT BETWEEN THE PARTIES This is a mutual agreement between the administration of the College and the Agency to accept students from the College for supervised learning experiences in Emergency Medical Technician and Paramedic, in accordance with the provisions set forth in this agreement. III. This Agreement shall begin on the date of signing by President for the Board of Trustees and shall terminate three years from the date of signing, unless terminated by either party in accordance with Paragraph IX. IV. GENERAL PROVISIONS OF THE AGREEMENT A. The education of the student shall be the primary purpose of the program. B. The College shall be primarily responsible for the education of the student. C. The Agency agrees to share in the responsibility for the education of the student(s) through cooperation and assistance by its staff with the faculty of the College and in the guidance and supervision of students. D. The Faculty of the College shall be responsible for selecting learning experiences for the student(s) with the assistance and cooperation of the Agency personnel who are directly involved. E. The College agrees to comply with the established policies and practices of the Agency as long as said practices and policies are in compliance with applicable State and Federal laws. AGREE F. The Agency agrees to allow students and faculty to use the facilities provided for personnel, as appropriate, for teaching and learning. V. THE COLLEGE'S RESPONSIBILITY A. To maintain standards and to employ qualified professional personnel as stated in the Rules and Regulations of Department of Education. B. The College faculty shall be responsible for: 1. Selecting rotation assignments and learning experiences in cooperation with the Agency personnel responsible for the particular area of training. 2. Planning for concurrent related instruction (informal and formal classroom) as needed to meet the objective of the program. 3. Maintaining individual records of class and work instruction, evaluation of student competency, and health. 4. Preparing a schedule for services to be used for experience and securing the approval of the plan from the appropriate Department Chairperson and submitted to the Agency prior to the beginning of the experience. Before any major changes are made in the plan, they will be discussed and approved by the Department Chairperson and Administrator of said Agency. 5. Preparing each term for the learning experiences of the students. Any scheduling and facilities or sites to be utilized will be planned cooperatively by the faculty of the College and staff of the Agency. 6. Utilizing proper channels and personnel in the planning and conducting of the learning experiences for the students. 7. Allowing adequate time for student orientation or other requirements of the agency. C. The College is a participant in the Florida Community College Risk Management Consortium. The College shall maintain professional liability insurance with limits as follows: $2,000,000.00 combined single incident/$4,000,000.00 aggregate limit. The College shall not assign students or continue to allow students to participate in the program unless the College has in full force and effect the required insurance. As evidence of the insurance coverages required by this Agreement. The College shall provide the Agency with certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsement provided. The insurance policy shall be endorsed maintained in full force and effect for the term of the Agreement. The College shall give notice to the Agency within (24) hours of any oral or written notice of adverse change, non-renewal, or cancellation of the required insurance." AGREE 2 VI. THE AGENCY'S RESPONSIBILITY A. To make available to faculty and students institutional facilities, equipment and services, as appropriate, for planned learning experience. B. To assist the instructor to see that the students follow the assigned schedule and that they complete the required number of procedures within the allotted time unless otherwise agreed upon by the Agency and the College. C. To assist the instructor to see that students are performing those procedures which are covered in the curriculum. D. To provide adequate lighting and ventilation in facilities/classrooms assigned for the faculty and student use. E. To sign, if applicable, a form indicating student's participation. F. To include members of the faculty of the College in staff meetings when policies to be discussed will affect or are related to the program involved. G. To insure students do not take the responsibility or the place of qualified agency/staff. H. To provide for students an orientation to the agency to include an explanation of policies, rules and responsibilities prior to or at the beginning of the learning experience. VII. COLLEGE POLICIES A. The educational program consists of classroom instruction and laboratory practice and experience in selected learning situations in agencies. The division and arrangement of time to include the theoretical and applied learning experiences shall be determined by the College faculty, and instruction shall be based upon the needs of the students for specific learning experiences to meet the objectives of the program. B. Students will be given holidays as provided for in the College calendar published before each school year begins. AGREE 3 VIII. REQUEST FOR WITHDRAWAL OF STUDENT The participating Agency has the right to request the College to withdraw any student from its facilities whose conduct or work with patients or personnel is not, in the opinion of the administration of said Agency in accordance with acceptable standards of performance. The Agency has the right to deny its facilities to any student which it feels has not behaved in a professional manner or when the presence of the student is not the best legitimate business interest of the agency. The College may at any time withdraw a student whose progress, conduct or work does not meet the standards of the College for continuation in the program. Final action on students' termination from the program is the responsibility of the College. IX. TERMINATION OF AGREEMENT Either party may terminate this agreement upon 90 days written notice to the other party provided that students currently enrolled in the program shall be permitted to complete the learning experience. X. MODIFICATION OF THE AGREEMENT Modification of the agreement shall not be made except by written agreement executed by both the College and the Agency. XI. RENEWAL OF AGREEMENT This agreement shall be reviewed and/or revised within a three-year period from date of signing. XII. COPIES OF THIS AGREEMENT Copies of this agreement shall be placed on file and will be available on request. The laws of the State of Florida govern this Agreement. The venue for any cause of action relating to this Agreement shall be in Volusia County. In the event of any litigation or other enforcement action with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party reasonable attorney's fees and costs. XIII. Each party to the Agreement is responsible for all personal injury and property damage Attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties further agree that nothing contained herein shall be construed Or interpreted as denying to any party any remedy or defense available to each parties under The laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida Beyond the waiver provided for in Section 768.28, Fla. Stat. AGREE 4 City Manager President City of Edgewater Daytona State College Date Approval Date AGREE 5 A o® CERTIFICATE OF LIABILITY INSURANCE Doia5�2o`�"") fTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-524-0191 CONTACT Johanne Daguillard NAME; Arthur J. Gallagher Risk Management Services, Inc. PHONE 407-563-3535 FAC-NO): 407-370-3057 4A/C.No.EMI: 200 S. Orange Ave ADDRESS: johanne_daguillardeajg.com Suite 1350 Orlando, FL 32801 INSURER(S)AFFORDING COVERAGE NAIC# Peter Doyle INSURER A: AMERICAN CAS CO OF READING PA 20427 INSURED INSURER B: Students of the Allied Health Sciences Courses of the INSURER C: Participating Colleges of the Florida College System Risk Management Consortium INSURER D: 4500 NW 27th Avenue, Suite D2 INSURERE: Gainesville, FL 32606 INSURER F: COVERAGES CERTIFICATE NUMBER: 35078012 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. .NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ■ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.ADDL■ !NM TYPE OF INSURANCE NSR SWVD POLICY NUMBER (MM DDY/YYYY) (MMJD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE I OCCUR MED EXP(Any one person) $ PERSONAL&AOVINJURY $ GENERAL AGGREGATE $ I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY EC LOC AUTOMOBILE LIABILITY Ea a accident)SINGLE LIMIT _L_- ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STAN Y!N - OTH- AND EMPLOYERS'LIABILITY I TORY LIMITS I ER E.L.EACH ACCIDENT $ ANYCER/MEMBERIPARLUDEDXECUTIVE N/A (Mandatory n NH)EXCLUDED? {Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POUCY LIMIT $ DESCRIPTION OF OPERATIONS below A Student Professional 0127291333 08/26/12 08/26/14 Each Claim 2,000,000 Liability Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Daytona State College Student Clinical Experience. Coverage includes College Faculty Members for instruction/supervision of students only. CERTIFICATE HOLDER ' CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Edgewater Fire Rescue Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IO. Box 100 AUTHORIZED REPRESENTATIVE (Edgewater, FL 32132 7e I USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD sumeshorl 35078012 lod AGENDA REQUEST Memo #2014-005 Date: January 22, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS February 3, 2014 ITEM DESCRIPTION: Deem vacant lot#6229 (Parcel #8402-01-06-2290) on Date Palm as surplus property & approve sale BACKGROUND: In June 2003 the City of Edgewater obtained the vacant lot next to 2330 Date Palm from the County of Volusia. This is a vacant 40' non-conforming lot and has no benefit to the City. Since the lot is owned by the City, there is no tax revenue. Staff is requesting Council consider deeming the lot as surplus property. The neighbors (William J. Salter & Lynn Rosler) on each side have requested the City consider their offer of$3,000.00 to purchase the lot with the purchasers to pay all closing costs. After the purchase, the neighbors will split the lot benefiting each which will result in additional tax revenue for the City. STAFF RECOMMENDATION: Staff recommends that City Council deem Parcel #8402-01-06-2290 as surplus property; approve the sale in the amount of$3,000.00 with the purchasers to pay all closing costs and authorize the Mayor to execute the associated closing documents. ACTION REQUESTED: Motion to approve deeming Parcel #8402-01-06-2290 as surplus property; approve the sale in the amount of$3,000.00 with the purchasers to pay all closing costs and authorize the Mayor to execute the associated closing documents. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: racey '. Barlow Robin L. Matusick City imager Paralegal Volusia County Property Appraiser's Office Page 1 of 3 •• VoIusia County Appraisers Office The Volusia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid-August. For Official Tax Roll Values, see the History of Values section within the property record card below. Notice of Proposed Property Tax _ , � Get the latest Adobe Requires Adobe Reader Reader Volusia County Property Appraiser's Last Updated: 01-22- Office 2014 Today's Date: 1-22-2014 Property Record Card(PRC1 Volusia Count Morgan B.Gilreath Jr., M.A., A.S.A., C.F.A. FLORIDA Property Appraiser Full Parcel ID 02-18-34-01-06- Mill Group 604 Edgewater Short Parcel ID 2290 8402-01-06-2290 Alternate Key 3928130 2013 Final Millage 25.16570 Rate Parcel Status Active Parcel PC Code 89 Date Created 06 JAN 1982 Owner Name CITY OF EDGEWATER GO TO ADD'L OWNERS Owner Name/Address 1 ESTIMATE TAXES Owner Address 2 PO BOX 100 Owner Address 3 EDGEWATER FL Owner Zip Code 321320100 Location Address DATE PALM DR EDGEWATER 32141 L EGAL DESCRIPTION LOT 6229 BLK 209 FLA SHRS NO 7 MB 23 PGS 117 & 118 PER OR 4502 PG 3182 S ALES HISTORY # BOOK PAGE DATE INSTRUMENT QUALIFICATION IMPROVED? SALE PRICE 1 5113 0436 6/2003 County Deed Unqualified Sale No 100 2 4502 3182 12/1999 Tax Deed Government acquisition No 100 3 2917 1793 12/1986 Warranty Deed Qualified Sale No 5,500 H ISTORY OF VALUES GO TO ADDL HISTORY http://webserver.vcgov.org/cgi-bin/mainSrch3.cgi 1/22/2014 Volusia County Property Appraiser's Office Page 2 of 3 YEAR LAND BLDG MISC JUST ASD SCH NS SCH ADD'L NS EXEMPT TXBL (S) ASD ASD TXBL EX TXBL 2013 5,400 0 0 5,400 5,400 5,400 5,400 5,400 0 0 0 0 2012 5,400 0 0 5,400 5,400 5,400 5,400 5,400 0 0 0 0 LAND DATA CODE TYPE OF FRONTAGE DEPTH #OF UNIT RATE DPH LOC SHP PHY JUST LAND USE UNITS TYPE VAL 8900 MUNICIPAL 40.0 125.0 40.00 FRONT 135.00 100 100 100 100 5,400 FEET NEIGHBORHOOD 6800 FLORIDA SHORES MB23 PG117-118 CODE TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 5,400 BUILDING CHARACTERISTICS MISCELLANEOUS IMPROVEMENTS TYPE NUMBER UNITS UNIT TYPE LIFE YEAR IN GRADE LENGTH WIDTH DEPR.VALUE PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OCCUPANCY NUMBER AMOUNT ISSUED COMPLETED NBR BLDG NONE The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values,as our valuations proceed during TOTAL VALUES the year.These Working Values are subject to change until the Notice of Proposed Taxes(TRIM)are mailed in mid-August. For Official Tax Roll Values,see the History of Values section above. The Volusia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. Land Value 5,400 New Construction Value 0 Building Value 0 City Econ Dev/Historic Taxable 0 Miscellaneous 0 Total Just Value 5,400 Previous Total Just Value 5,400 School Assessed Value 5,400 Previous School Assessed 5,400 Non-School Assessed Value 5,400 Previous Non-School Assessed 5,400 Exemption Value 5,400 Previous Exemption Value 5,400 Additional Exemption Value 0 Previous Add'I Exempt Value 0 School Taxable Value 0 Previous School Taxable 0 http://webserver.vcgov.org/cgi-bin/mainSrch3.cgi 1/22/2014 Volusia County Property Appraiser's Office Page 3 of 3 Non-School Taxable Value I 01 I Previous Non-School Taxable I 0 Notice of Proposed Property Tax la s. # i.^v U.. Get the latest Adobe Requires Adobe Reader Reader MapIT PALMS 1 , Map Kiosk Parcel Notes MapIT:Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Click lien \ Map Kiosk: More advanced tools for custom searches on several layers $orT $ill' including parcels. ;C]tf0 ... gt4 http://webserver.vcgov.org/cgi-bin/mainSrch3.cgi 1/22/2014 I AGENDA REQUEST C.A. #2014-ED-005 Date: January 22, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS February 3,2014 ITEM DESCRIPTION: Recommendation of Award for Retail Feasibility, Strategic Planning and Recruitment Contract BACKGROUND: The City broadcast a Request for Proposals for Retail Feasibility, Strategic Planning and Recruitment. Three qualified firms responded: Live Work Learn Play,Inc Retail Strategies,LLC Strategic Planning Group,Inc Attachments: RFP submittal and Presentation STAFF RECOMMENDATION: The Selection Committee unanimously recommends that City Council award the Retail Feasibility, Strategic Planning and Recruitment Contract to Retail Strategies,LLC and grant authorization for City Manager to negotiate and execute the contract. ACTION REQUESTED: Motion to award the Retail Feasibility, Strategic Planning and Recruitment Contract to Retail Strategies,LLC and grant authorization for City Manager to negotiate and execute the contract. FINANCIAL IMPACT: $ (Finance Director) Line Item: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so,DATE: AGENDA ITEM# Respectfully submitted, Concurrence: , �mem Rif an C.McKinney Robin L. Matusick F ance Director Parale.al racey '. Barlow City nager ka Retail STRATEGIES AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING AND RELATED SERVICES THIS AGREEMENT is entered into by and between Retail Strategies, LLC, an Alabama limited liability company (hereinafter referred to as "Consultant") andthe City of Edgewater, Florida(hereinafter referred to as "Client") on this the day of , 2014, as follows: WHEREAS, the Client desires to have performed those services identified on Exhibit A attached hereto (the "Project"), which it believes will dramatically enhance the ability of the Client to attract new retail development; and, WHEREAS, Consultant has made a proposal to the Client to provide consulting, retail market research and recruitment services related to the Project to Client as further set forth below. W-I-T-N-E-S-S-E-T-H: NOW, THEREFORE, this agreement is made and entered into on the date first above written by and between the Client and Consultant, by which Consultant will provide professional consulting, retail market research, recruitment and related services to the Client as hereinafter specified, through individuals possessing a high degree of professional skill where the personality of the individual will play a decisive role as follows: 1. SCOPE OF SERVICES Consultant agrees, for the consideration as stated herein, to provide professional consulting,retail market research, recruitment and related services to the Clientfor the Project as set out inExhibit A. 1 2. TIME OF PERFORMANCE Consultant shall provide services pursuant to this agreement and expeditiously and in good faith conduct its work in such a manner as to complete its commitments for Clientwithin three (3) calendar years which shall be calculated as to Consultant shall commence, carry on and complete the Project with all practicable dispatch, in a sound, economical and efficient manner, in accordance with the provisions hereof and applicable laws. In accomplishing the Project, Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work and policies being carried on by the Client. 3. COMPENSATION The Client agrees to pay Consultant for the services as set forth herein, the sum of $40,000for the first year. One half of the first year payment ($20,000)is to be paidupon execution of this agreement and receipt of the invoice from Retail Strategies, LLC.The balance of the first year payment ($20,000) is to be paidupon receipt of market research deliverables and the Strategic Plan as set forth in Exhibit A. Client will remit payment to Consultant upon receipt of invoice but no later than within thirty(30) days from receipt of invoice. The compensation for years two and three shall be $20,000 per year payable in full upon receipt of invoice but no later than thirty (30) days from receipt of invoice. The Client may, with the mutual agreement of Consultant, elect to renew the contract for two (2)additional years beyond the first three (3) year period, starting in year four, at the rate of $20,000 per year and thereafter, or a rate as mutually agreed between Client and Consultant. Client acknowledges that affiliates of the Consultantmay act in the capacity of a real estate brokerage service business and may earn fees for services including brokerage, development, leasing and management fees in the performance of such affiliates services as part of the scope of the Project. Such fees shall not be the financial responsibility of the Client unless such services receive written authorization by the Client prior to the commencement of such services. 4. CLIENT RESPONSIBILITIES In addition to paying Consultant for services according to the preceding paragraph, the Client shall make reasonable efforts toprovide the Consultant: access to its relevant personnel, facilities, and materials including, but not necessarily limited to,those items specified in Consultant's proposal to Client, and such records, reports, and information as reasonably 2 requested by Consultant and in Client's possession as long it does not constitute unreasonable work disruption and/or become cost prohibitive for the Client. 5. LEVEL OF COMPETENCE Consultant represents and warrants to the Client that it and all of its employees that will be working on the project for the Client are qualified and competent to perform the services required. Such personnel shall not be employees of or have any pre-existing contractual relationship with the Client. All of the services required hereunder will be performed by Consultant and/or under its supervision. The Primary Contactsfor the performance of services by Consultant pursuant to the terms and conditions of this agreement shall be Bill Hankins, Chuck Branch, Robert Jolly, or other employees as deemed necessary by Consultant. Consultant may also use additional employees to assist with the performance of this Agreement as Consultant deems appropriate in Consultant's discretion and expense. 6. MATERIALS/CONFIDENTIALITY The Client agrees to cooperate with and provide Consultant with reasonable access to facilities and information within its reasonable possession and control, requested by Consultant for its review and use in performing the services hereinas long it does not constitute unreasonable work disruption and/or become cost prohibitive for the Client. Provided, however, all such documents, information, results, memoranda and all other written information ("information") shall be held confidential by Consultant and any of its sub-contractors and shall not, without the prior written consent of the Client, be used for any purpose other than the performance of this agreement nor be disclosed to any other entity not connected with performance of this agreement. Upon completion of services, Consultant shall return all such information to the Client. The Client shall retain ownership of all such information provided by Client. Consultant acknowledges and agrees to comply with the Florida public records law, Chapter 119, Florida Statues, to the extent applicable to Consultant 7. INTELLECTUAL PROPERTY The Client and Consultant, jointly and separately, acknowledge and agree that the intellectual property of both parties shall remain owned by the respective party. With the exception of Consultant's periodic and final reports generated for performance of this agreement 3 to or for the Client, reports, memorandums, electronic mail, facsimile transmissions and other written and prepared documents shall be owned by the party who authored, generated or who originally possessed the same and nothing in this agreement shall contravene said rights. Consultant acknowledges and agrees to comply with the Florida public records law Chapter 119 Florida Statutes 8. INFORMATION AND REPORTS Consultant shall furnish an electronic version of a final written report and such periodic reports concerning the status of the project as may be requested by the Client's representative pursuant to the schedule to be provided by Consultant. Consultant shall furnish the Client, upon request, with electronic copies of all documents and other material prepared or developed in relation with or as part of the project. Such requests shall be reasonable and within normal business practices for such work. 9. COPYRIGHT INFORMATION The Client acknowledges that all intellectual property developed during the course of this agreement by Consultant shall belong exclusively to Consultant. However, the Client may utilize any of the foregoing for and on behalf of its internal operations, but will take steps reasonably necessary with its employees with respect to the use, copying, protection and security of the foregoing. Consultant also acknowledges and agrees to comply with the Florida public records law Chapter 119 Florida Statutes 10. APPLICABLE LAWS Consultant shall register and comply with all State or Federal laws and/or regulations as they may relate to the services or activities of the Consultant to the Client. 11. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the Client and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required 4 under this Agreement, provided that same is caused by the negligent or tortious act, or unlawful conduct of Consultant, its agents, or, employees. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to Consultant for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the Client as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of Consultant or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for Consultant or its agents or subcontractors, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. 12. INSURANCE Consultant shall carry all appropriate and necessary insurance to be in compliance with state and national laws regarding the insurance coverage of its employees. 13. TERMINATION Should Consultantviolate any of the terms of this Agreement or otherwise fail to fulfill its obligations set forth under Exhibit A of this Agreement, Client shall immediately provide to Consultant written notice of any alleged deficiencies in performance and Consultant shall have thirty (30) days from the date notice is received to cure any alleged deficiencies in performance. In no way shall more than two (2) opportunities to cure be afforded to Consultant within a twelve month period. Should Consultant fail to remedy the alleged defect in performance after being given the opportunity to do so, Client shall have the right to terminate this Agreement. All fees paid for any term shall be deemed fully earned when paid and are not subject to refund following any termination hereunder. Any additional fees owed to the Consultant will be prorated based on services provided from time of previous invoice period and such time of termination notice. Client reserves the right to cancel and terminate this Agreement, without penalty, in the event that Consultant or any employee, or agent of Consultant is indicted or has any direct 5 information issued against him for any crime arising out of or in conjunction with any work being performed by Consultant for or on behalf of Client. It is understood and agreed that in the event of such termination, Consultant shall be compensated for services rendered under this Agreement up to the time of termination in accordance with this Section. Client also reserves the right to terminate and cancel this Agreement in the event that Consultant shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Consultant's creditors. 14. CONFLICT OF INTEREST The Consultant represents and warrants to the Client, to the best of its knowledge, that neither it nor its Project Directors are aware of any conflict of interest which exists by means of its provision of services to the Client pursuant to the terms and conditions of this agreement. 15. EXCLUSIVITY Consultant agrees to a twenty-five (25) drive mile zone of exclusivity, as measured from the center of the City of Edgewater's political boundaries, wherein Consultant will refrain from providing to other governments or government subsidies'entities any similar services as being provided to Client as outlined in this agreement. Should the opportunity arise for a limited engagement in Daytona Beach, FL, Consultant reserves the right to enter into such anengagement provided that the scope willnot conflict with the interests of the City of Edgewater. 16. NOTICES/PARTIES REPRESENTATIVES The representative of the Client for this agreement shall be Janet Shira, Economic Development Coordinator for the City of Edgewater. All notices, bills, invoices and reports required by this agreement shall be sufficient if sent by the parties hereto in the United Sates Mail, postage prepaid thereon to the addresses noted below: 6 Client: City of Edgewater, Florida 104 North Riverside Drive Edgewater, FL 32132 Consultant: Retail Strategies, LLC 120 18th Street South Suite 201 Birmingham, AL 35233 Attention: Chuck Branch 17. REPRESENTATIVE CAPACITY While Consultant's role will be that of consultant to the Client, Consultant shall be and remain an independent contractor and not act in the role of an agent or legal representative on behalf of the Client. Consultant shall not have the authority to bind or obligate the Client, its officers, agents or employees. 18. MISCELLANEOUS Capacity: Each party to this agreement represents and warrants to the other as follows: A. That it is an individual of the age of majority or otherwise a legal entity duly organized and in good standing pursuant to all applicable laws, rules and regulations. B. That each has full power and capacity to enter into this agreement, C. That to the extent required, each party has obtained the necessary approval of its governing body, board, council or other appropriate governing body and a resolution or other binding act has been duly and properly enacted by such governing body or board authorizing this agreement and said approval has been reduced to writing and certified or attested by the appropriate official of the party. D. That each party has duly authorized and empowered a representative to execute this agreement on their respective behalf and the execution of this agreement by such representative fully and completely binds the party to the terms and conditions hereof. E. That absent fraud, the execution of this agreement by a representative of the party shall constitute a certification that all such authorizations for execution exist and 7 have been performed and the other party shall be entitled to rely upon the same. To the extent a party is a partnership, limited liability company or joint venture, the execution of this agreement by any member thereof shall bind the party and to the extent that the execution of agreement is limited to a manager, managing partner or specific member then the person so executing this agreement is duly authorized to act in such capacity for the party. F. That each party represents and warrants to the other that, to the best of its knowledge, there is no litigation, claim or administrative action threatened or pending or other proceedings to its knowledge against it which would have an adverse impact upon this transaction or upon either's ability to conclude the transaction or perform pursuant to the terms and conditions of this agreement. G. That each party has obtained any and all required permits, approvals and/or authorizations from third parties to enable it to fully perform pursuant to this agreement. Third Party Beneficiaries: It is the intent of the parties hereto that there shall be no third party beneficiaries to this agreement. Final Integration: This agreement, together with any exhibits or amendments hereto, constitutes the entire agreement of the parties, as a complete and final integration thereof with respect to its subject matter. In the event of a direct conflict between the provisions hereof and any prior agreement or amendment, the latter shall supersede the former. All written or oral understandings and agreements heretofore had between and among the parties are merged into this agreement, which alone fully and completely expresses their understandings. No representation, warranty, or covenant made by any party which is not contained in this agreement or expressly referred to herein have been relied on by any party in entering into this agreement. Force Majeure: Neither party to this agreement shall hold the other party responsible for damages or delay in performance caused by acts of God, strikes, lockouts or other circumstances beyond the reasonable control of the other or the other party's employees, agents or contractors. 8 Amendment in Writing: This agreement may not be amended, modified, altered, changed, terminated, or waived in any respect whatsoever, except by a further agreement in writing, properly executed by all of the parties. Binding Effect: This Agreement shall bind the parties and their respective personal representatives, heirs, next of kin, legatee, distributees, successors, and assigns. If any provision in this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Captions: The captions of this agreement are for convenience and reference only, are not a part of this agreement, and in no way define, describe, extend, or limit the scope or intent of this agreement. Construction: This agreement shall be construed in its entirety according to its plain meaning and shall not be construed against the party who provided or drafted it. Mandatory and Permissive: "Shall", "will", and "agrees" are mandatory; "may" is permissive. Governing Law: The laws of the State of Florida, but without regard to conflict of laws principles, shall govern the validity of this agreement, the construction of its terms, the interpretation of the rights, the duties of the parties, the enforcement of its terms, and all other matters relating to this agreement. Prohibition on Assignment and Delegation: No party to this agreement may assign or delegate its interests or obligations hereunder without the written consent of all other parties hereto obtained in advance of any such assignment or delegation. No such assignment or delegation shall in any manner whatsoever relieve any party from its obligations and duties hereunder and such assigning or delegating party shall in all respects remain liable hereunder irrespective of such assignment or delegation. 9 Waiver: Non-enforcement of any provision of this agreement by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remaining terms and conditions of the agreement. Agreement Date/Counterparts: The date of this agreement is intended as and for a date for the convenient identification of this agreement and is not intended to indicate that this agreement was necessarily executed and delivered on said date. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 19. RELATION OF CITY It is the intent of Client and Consultant that Consultant shall be legally considered an independent contractor and that neither Consultant nor its employees shall, under any circumstances, be considered employees or agents of Client and that Client shall be at no time legally responsible for any negligence on the part of said Consultant, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm or corporation. 20. TERM CONTRACTS If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by Consultant upon thirty (30) days prior written notice by Client. 21. OCCUPATIONAL SAFETY AND HEALTH ACT Consultant warrants that the services provided to Client shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by Consultant. 22. EQUAL OPPORTUNITY EMPLOYMENT to Client recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. Consultant agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 23. NO CONTINGENT FEES Consultant warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or Consultant, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of this contract. For the breach or violation of this provision, Client shall have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. 24. PUBLIC ENTITY CRIME/COMPLIANCE WITH § 287.133, FLORIDA STATUTES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit qualifications or contract with Client for construction of a public building or public works; may not submit bids for lease of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided for in § 287.017(2), Florida Statutes, for a period of 36 months from the date being placed on the convicted vendor list. 11 Consultant shall, upon execution of this Agreement, if not previously done, execute a public entity crime statement required by § 287.133, Florida Statutes, if required to do so pursuant to Florida Statutes 25. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Consultant shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 26. PROHIBITION OF GIFTS TO CLIENT'S EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift , loan, fee service or other item of value to any of Client's employees, as set forth in Chapter 112, Part III, Florida Statutes, Client's current ethics ordinance, and Client's administrative policy. Violation of this provision may result in one or more of the following consequences: i) prohibition by the individual, firm and/or any employee of the firm from contact with Client's staff for a specified period of time; ii) prohibition by the individual and/or firm from doing business with Client for a specified period of time, including but not limited, submitting bids, qualification, proposals and/or quotes; and iii) immediate termination for cause of any contract between Client and the individual and/or firm. 27. IMMIGRATION REFORM AND CONTROL ACT Consultant acknowledges, and without exception or stipulation shall be fully responsible for complying with, the provisions of the Immigration Reform and Control Act of 1986, U.S.C. 1324, et seq., and regulations relating thereto, as either may be amended. Failure by Consultant to comply with the laws referenced herein shall constitute a breach of this Agreement and Client shall have the discretion to unilaterally and immediately terminate this Agreement. 28. NO THIRD-PARTY BENEFICIARIES 12 The terms of this Agreement are for the sole benefit of Client and Consultant and their successors and permitted assigns; no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 29. INTERPRETATION; VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit in and for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. 30. ATTORNEY'S FEES If either party is required to institute or defend any legal proceedings in connection with this Agreement, the unsuccessful party agrees to pay the costs thereof, together with reasonable attorney's fees for others attorney in the event such legal proceedings are terminated in favor of the prevailing party. SIGNATURE PAGE TO FOLLOW CLIENT: City of Edgewater, Florida 13 By Title Date CONSULTANT: RETAIL STRATEGIES, LLC By Title Date EXHIBIT A SUMMARY OF RETAIL ANALYSIS AND SERVICES: 14 • Custom Demographic Research — Historical, Current, and Projected Demographics — to include market trade areas by radius/drive-time, and custom trade areas associated with the City of Edgewater • Tapestry—Market Segmentation Analysis • Retail Gap Analysis • Retail Peer Analysis • Thematic Mapping and Aerial Imagery by trade area • Retail Competitor Mapping/Analysis • Market Maximization Summary and Strategic Leasing Plan • Identification of Retail Prospects • Retailer Recruitment and execution of the Retail Leasing Strategic Plan • Conference Representation STRATEGIC RETAIL RECRUITMENT PLAN Upon completion of the research, the Retail Strategies team will provide electronic versions of all deliverables to the City of Edgewater that will serve as a working resource which will be continuously updated with current data and research. All of the detailed demographic materials as summarized above will be included and conveniently tabbed for easy review by the City of Edgewater. Also included in the deliverable package will be the Strategic Retail Recruitment Plan to be prepared and executed by Retail Strategies, LLC and its partners. Included in this portion of the package are the following: 1. Retailer Overview and Recruitment Plan- Summary of the primary retail gaps inclusive of the key retailers to be pursued with a prototypical overview of each retailer relative to size, economics, etc. 2. Local Property Catalog- Retail Strategies, LLC and its partners will work with the City of Edgewaterto catalog all local commercial properties that may be suitable sites to present to prospective new retailers. This will include maps, marked aerials and all pertinent contact and site specific information relative to each site. 3. Call List and Recruitment Update- an ongoing tracking form to keep city contacts updated relative to recruitment efforts and specific interaction with prospective retailers. 4. Retail Strategies LLC will work with the local property owners, commercial real estate brokers and developers as needed to assist their respective retail recruitment efforts. As part of this agreement, Consultant will proactively recruit retailers on the Client's behalf However, Consultantcannot guarantee the recruitment of any specific retailer or retail recruitment results as outcomes are outside of Consultant's control. Retailers will make the final decision as to when, where, and in what manner they might locate in a community. 15 I I till 00° Retall a ISTRATEGIES I City oof Edgewater, Florida Response to: REP NO 14-ED-005 I "Retail Feasibility, Strategic Planning and Recruitment" it try -. -.. EE)GEWATER . Iii.,.. .. ,., ,I. [ , k0 , } Retail STRATEGIES City of Edgewater, Florida Response to: RFP NO. 1 4-ED-005 "Retail Feasibility, Strategic Planning and Recruitment" I ) r.,t. ' °'"'''''..••••• . 4rtc.1441 —...,— ~ U � STRATEGIES December 12,2013 , City of Edgewater City Clerk 104 N. Riverside Drive P.O. Box 100 Edgewater, FL 32132 Re: RFP#14'LS-UO5 , | Dear RFP Evaluation Committee < It is with great pleasure that I present to you Retail Strategies'response to your Request for Proposals for Retail Feasibility Strategic Planning and Recruitment. Due to our firm's work in Florida, we are familiar with the retail trade area in Edgewater and would enthusiastically embrace the opportunity to assist you in your economic development efforts. - AsyouvviUseeinthepa8esthat foUnw\ Retail Strategies ba leading national advisory Ormfocused on retail market analysis,strategic planning, retail recruitment and development, {)urcompany was borne n out of a successful partnership between two firms who saw the need for a municipal retail advisory practice that goes beyond research and recommendations to actually designing and executing strategic i plans to recruit retail into our client communities. We will consider our engagement with Edgewater as a true partnership and will be committed to providing you with expert retail guidance and execution tailored to Edgewater's unique needs. Enclosed you will find all the necessary documents supporting our submission. Should you have any questions, please let us know. The team at Retail Strategies looks forward to your city's decision. We appreciate your time and consideration. Best regards, lit_____ I i?*0-1:44 1 * I William R. Hankins,Jr. 0 � ��� Vice President of Business Deve|opn�ent %m� , 120 18th South, Suite 201 Birmingham, AL 35233 44. 1400 6 Retail STRATEGIES PROPOSAL TO THE CITY OF EDGEWATER FOR RETAIL FEASIBILITY, STRATEGIC PLANNING AND RECRUITMENT SERVICES INTRODUCTION: Birmingham based Retail Strategies, LLC is a retail consulting firm offering unparalleled market analysis, strategic planning, and retail recruitment services to municipalities and economic development authorities throughout the Midwest and Southeastern United States. Retail Strategies utilizes a unique process that entails comprehensive market research to help our clients better understand the strengths, weaknesses, and opportunities in their retail trade areas through demographic and business analysis, retail gap analysis, and peer analysis. Once our initial research has been completed, our team will develop a Strategic Retail Recruitment Plan that identifies retail prospects which could expand and improve the community's retail tenant mix and retail tax base, However, the research and strategic planning would be incomplete without execution of the recruitment plan. Retail Strategies will proactively recruit retail prospects and represent our clients at national and regional retail conferences. Our goal, like yours, is to see your retail sector flourish. Our Process gk • Market Analysis • Catalog Available Properties • Develop Marketing Materials • Retail CAP Analysis • Identify Retail Prospects • Proactive Recruitment of Retail • Retail Peer Identification& • Develop Recruitment Plan Prospects Analysis • Monthly Reporting to City • Representation at National&Regional Conferences Your Advantage 0 WI PROJECT APPROACH & SCOPE OF WORK SUMMARY OF RETAIL ANALYSIS AND SERVICES: • Custom Demographic Research - Historical, Current, and Projected Demographics - to include market trade areas by radius/drive-time, and custom trade areas associated with the City of Edgewater. • Mosaic Lifestyles- Market Segmentation Analysis • Retail Gap Analysis • Retail Peer Analysis • Thematic Mapping and Aerial Imagery by trade area • Retail Competitor Mapping/Analysis • Market Maximization Summary and Strategic Leasing Plan • Identification of Retail Prospects • Retailer Recruitment and execution of the Retail Strategic Plan RETAIL STRATEGIES RESEARCH: Our research solutions are not a "one size fits all" or pre-formatted by an industry standard radius or drive-time area. Each city, community, or retail trade area requires unique analysis based on numerous factors including natural boundary areas, current retail tenant mix, travel times, radius areas and existing sites/buildings. Our research focuses on identifying the datapoints that are most likely to influence the site location decisions of retailers. Once these datapoints are determined - we provide thematic maps, aerial photos, asset maps, and customized research reports by retail concept. Retail Strategies primary data resources include: CENSUS,AGS AND POPSTATS DEMOGRAPHICS By incorporating demographic data from multiple sources, DDR is able to better understand the population, income and retail spending shifts taking place in the current economic environment. BUSINESS LOCATION DATA This location data is ideal for competitive analysis, understanding market opportunities and evaluating market dynamics. Sourced to D&B®, the world's most trusted source of sales and marketing solutions, all D&B information is powered by DUNSRightTM, D&B's Quality Process which gives you the insight you need to identify and target prospects. CONSUMER EXPENDITURES This data includes 18 reports and close to 1,000 variables that collectively cover almost 95% of household spending. Based on extensive modeling of the BLS Consumer Expenditure Survey, CEX provides reliable estimates of market demand and average household expenditures. RETAIL POTENTIAL This new tabulation utilizes the Census of Retail Trade tables which cross-tabulates store type by merchandise line. The Consumer Expenditure data was aggregated to the merchandise line classification and then distributed to each of the major store types. MOSAIC QaIOSAIC is Experian's geo-demographic segmentation system. AGS demographics are an integral part of Illikhe MOSAIC system within the United States. The MOSAIC Cluster Distributions enable us to evaluate cluster groups within any geographic area. FINAL DELIVERABLE AND STRATEGIC RETAIL RECRUITMENT PLAN Upon completion of the research',component of our engagement, the Retail Strategies team will create an online account available to the City of Edgewater that serves as a working resource that will be continuously updated with current data, research, the strategic recruitment plan and updates on retail recruitment and development. In addition to the market analysis outlined above, the following will be available through your Retail Strategies l3asecamp account: 1. Retailer Overview and Recruitment Plan- Summary of the primary retail gaps inclusive of the key retailers to be pursued with a prototypical overview of each retailer relative to size, economics, etc. 2. Local Property Catalog- Retail Strategies, LLC and its partners will work with the city to catalog all local commercial properties that may be suitable sites to present to prospective new retailers. This will include maps, marked aerials and all pertinent contact and site specific information relative to each site. 3. Call List and Recruitment Update- an ongoing tracking form to keep the identified city contacts updated relative to recruitment efforts and specific interaction with prospective retailers. kt | � Our History _____~_�'.'_`.________.__.______._.__~_.,... .......`,._._._.~.... .... � � | r - Retail Strategies is a leading national advisory firm focused on retail market analysis, strategic planning, retail recruitment and development. Officially ' ' branded as Retail Strategies in 2011, our company was borne out of a successful partnership between tvvofirnsmo saw the need for a municipal retail advisory practice that goes beyond research and recommendations to actually designing and executing strategic plans to recruit retail into our client communities. The two parties to the partnership were Retail Specialists, Inc. and Decision Data Resources, LL[, Retail Specialists (RSI), founded by Robert Jolly and Mead Silsbee in 2004, is a commercial real estate company with offices in Birmingham, Alabama and New Orleans, Louisiana. RSI is licensed in eight (8) Southeastern states and currently leases and/or manages over five million square feet of retail. RSI focuses entirely on retail project leasing, recruitment, tenant representation, brokerage, property management, and development. Since its inception, RSI has proved to be an agile and responsive company with the steadfast objective of providing unparalleled service and results to its clients. The company averages overS1OOK0 in retail transactions annually. Decision Data Resources (DDR), founded by Chuck Branch in 2001, specializes in providing Software as Service solutions through web-based data and Geographic Information System(GIS) applications. Its product and service offerings include a full range of GIS services, database design and development, data formatting services, and custom application solutions. For the past decade, DDR has served over 600 clients, including commercial realtors, site consultants, retailers, utility companies, financial institutions, market research companies, economic and workforce developers, chambers of commerce, and federal, state, and local government agencies. Prior to the formation of the partnership between DDR and RSI, Robert Jolly began serving municipal clients in 2000 with an assignment for a small Alabama town that yielded over 150,000 square feet of new to market retail. The great success of the project opened the door for additional municipal projects. In 2010, RSI and DDR partnered on a municipal assignment for a Birmingham suburb. Other assignments followed. It was through municipal engagements like these that DDR and RSI recognized that cities needed greater assistance in taking data and consultant recommendations and turning them into successful retail recruitment opportunities. In 2011, the partnership officially rebranded as Retail Strategies and launched a suite of services spanning market research, strategic planning, incentives consulting, and retail recruitment. The firm now represents cities throughout the Southeastern United States. RELEVANT EXPERIENCE kA. DESCRIPTION OF SIMILAR RETAIL,STRATEGIC PLANNING AND RETAIL RECRUITMENT PROJECTS Retail Strategies currently serves approximately sixty municipalities spanning ten US states, providing retail market research, strategic planning and retail recruitment services. Below is a listing of municipalities for whom we are providing consulting services of similar size and scope. Rockledge, Florida Start date: June 2013 Completion date: Ongoing Cost: Confidential Project overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Lisa Nicholas, Redevelopment Coordinator (321.305.4975/licholasCu.cityofrockledge.org) Tuscaloosa, Alabama Start date: September 2012 Completion date: Ongoing Cost: Confidential Project overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Jim Page, Chamber CEO (205.391.0552/jim(ugtuscaloosachamber.com) La Grange, Georgia Start date: June 2013 Completion date: Ongoing Cost: Confidential oject overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Page Estes, Chamber President (706.884.8671/pestes(Jagrangechamber.com) Madison, Alabama Start date: January 2013 Completion date: Ongoing Cost: Confidential Project overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Amy Bell, Dir. of Community Development (256.772.2885/amy.bell(cmadisonal.gov) Lake City, Florida Start date: May 2013 Completion date: Ongoing Cost: Confidential Project overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Jessee Quillen, Columbia County Economic Development Department Director (386.288.6983/jesse quillenC.columbiacountyfl.com) Jasper, Alabama Start date: February 2013 Completion date: Ongoing Cost: Confidential ,Project overview: Providing market research, strategic planning, retail recruitment, and conference Virepresentation services to city. Contact: Linda Lewis, Chamber President (205.384.4571/lindagwalkerchamber.us) La Vergne, Tennessee Start date: June 2013 •mpletion date: Ongoing Cost: Confidential Project overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Senna Mosley, Mayor (615.793.6295/smosleyglavergnetn.gov) Foley, Alabama Start date: September 2012 Completion date: Ongoing Cost: Confidential Project overview: Providing market research, strategic planning, retail recruitment, and conference representation services to city. Contact: Jeff Rouzie, Economic Development Dir. (251.971.1467/jrouzieGcityoffoley.org) B. EXAMPLES OF KEY DELIVERABLES The market research and strategic planning deliverables provided by Retail Strategies as part of this engagement could fill several binders. In an effort to be environmentally conscious, we have provided you with access to our online platform where you may review examples of deliverables. Please visit: www.basecamp.com Username: retails360`4mail.com Password: retail 44 C. KEY PERSONNEL WORKING ON CITY OF EDGEWATER PROJECT The Retail Strategies team is comprised of over twenty experienced retail real estate professionals who will be serving The City of Edgewater. During the engagement, team members may be assigned varying tasks according to their specialties, For this project, the following individuals will be the city's primary contacts: Bill Hankins (LeadL is Vice President of Business Development for Retail Strategies. An attorney by training, his experience spans work in governmental affairs, law, and real estate investments and development. Bill is a former Special Assistant US Attorney for the US Department of Justice. He received his B.A. and J.D. degrees from the University of Alabama and an M.B.A. in finance, real estate and capital markets from Emory University. Robert Jolly is the President of Birmingham based Retail Specialists, Inc. and co-founded Retail Strategies in 2011. He oversees all financial, development and management aspects of both companies. During his time at Retail Specialists, Inc., he has overseen the leasing and management of more than 5,000,000 sf of retail space and has assisted some of the most well-known tenants in the United States with their expansion into new markets in the Southeast. Chuck Branch is CEO of Decision Data Resources and co-founded Retail Strategies in 2011. Chuck has spent much of his career managing the development and implementation of large database and G1S projects and solutions for municipalities and workforce development related agencies and organizations across the United States. Robert jolly PRINCIPAL Robert jolly co--founded Retail Strategies in 2011. Robert is also the President of Retail SpecialistS,Inc.,which he helped co--found in 2005. As President and Qualifying Broker,he oversees all financial,development,and management aspects of Retail Specialists, Inc, During his time at RSI, he has overseen development of numerous retail projects and has assisted some of the most well known tenants in the United States with their expansion into new markets throughout the Southeast. < Robert brings years of experience with previous sales and management positions at Eason,Graham,and Sandner,Inc.and Stack and Decker Corporation. He was the Birmingham Commercial Rookie of the Year in 1998,named one of the"fop 40 tinder 40"in 2004,and ,:Who's Who of Commercial Real Estate"in 2005 and 2010. ikinrinzAlpaegitr)liff;:T),:trq:.n4,, Robert graduated from the University of Alabama majoring in Marketing and English.He is a member of the International Council of Shopping Centers,a life member of the Birmingham Association of _;, ` : 4 Realtors"Million Dollar Sales Club"and in 2008 earned the coveted Certified Commercial investment Member(CCIM)designation from the Commercial Real Estate Investment institute.Robert holds a 40 ; ' broker's license rn Alabama, Mississippi,Georgia,Florida,Tennessee,Louisiana,South Carolina and Oklahoma. �, Chuck Branch PRINCIPAL .� Chuck Branch is the Chief Executive Officer of Decision Data Resources, LLC and co- € r v i founded Retail Strategies in 2011.Chuck has spent the past ten years managing the development and implementation of large data and web-based GIS projects.His ..,.p �� �1,, background includes consulting,project management and product implementation. Chuck is a graduate of the University of Alabama with a bachelor's degree in accounting and marketing_He is a member of the International Council of Shopping , Centers,a Board and Executive Committee member of the Mountain Brook Sports Corporation,a past board member of the University of Alabama Alumni Association and a past board member of the Mountain Brook Chamber of Commerce. Mead Silsbee, HI PRINCIPAL tvtead Silsbee is the Vice President and Chief Operating Officer of Retail Specialists,Inc.,and co-founded Retail Strategies in 2011. In his role at Retail Specialists,Ins,he manages and coordinates all day to day operaations,as well as oversees the operations of numerous investment and development projects. Mead brings over a decade of real estate experience to the company,Most recently Mead worked on the retail team at Eason,Graham,and Sandner, ." inc. in Birmingham,Alabama. He previously held positions at Hamlet Homes and Intermountain Mortgage Company. Mead graduated from the Randolph Macon College in it Ashland,Virginia where he earned a bachelor's degree in history and economics.In 2008,he earned the coveted Certified Commercial Investment Member 1CCIM)designation from the Commercial Real Estate Investment institute and is a member of the International Council of Shopping Centers ,ICSC), - William Hankins VICE PRESIDENT OF BUSINESS DEVELOPMENT Bill serves as Vice President of Business Development for Retail • Strategies. His experience in real estate spans work in private %%, equity, law and development. Prior to that, he served in an appointed position as a Special Assistant United States Attorney a for the Department of justice, Bill obtained his bachelor and law degrees from the University of Alabama,where he was elected president of the student body and was the student representative on the Board of Trustees. He • is also a graduate of the Goizueta Business School at Emory University where he earned an M.B.A.with concentrations in finance, real estate and capital markets.An active member of the Alabama State Bar Association, Bill was selected to participate in Class 8 of the Alabama State Bar Leadership Forum. =-v` He has also served as Chairman and President of the Birmingham Rotaract Club and is a Roundtable Member of the Public Affairs Research Council of Alabama. Lacy Beasley , H t:, ® VICE PRESIDENT OF BUSINESS DEVELOPMENT Lacy serves as Vice President of Business Development. She has been • involved in Retail Consulting across the Southeast for the past five years as the Municipality Consultant Director at The Shopping Center Group. Prior to her work with TSCG, Lacy was with the Dickson County Chamber of Commerce, efffq ?�y: a = A graduate of Lipscomb University, she earned her double major in `v Marketing and Management. Lacy Beasley has served on the ICSC TN/KY Idea Exchange Committee,COM Economic Outlook Committee, and Economic Development Association of Alabama IEDAA1 Retail Committee. She has spoken on retail trends and best practices in retail recruitment to the Tennessee Valley Authority, Alabama Certified Municipal Officials, Tennessee Economic Development Council,Tennessee League of Municipalities and other organizations. mod' �a�x Charles Branch BUSINESS DEVELOPMENT & CLIENT MANAGEMENT Charles has played a key role in Retail Strategies from its inception, assisting in the research and retail recruitment efforts for multiple municipal clients throughout the Southeast. He specializes in the execution of the strategic retail recruitment plan, focusing focusing on the identification of companies to fill the product and service gaps within each city's trade area. Charles graduated from the University of Alabama with a bachelor's degree in finance and is a member of the International z '' , ,` ;� y Council of Shopping Centers. Matthew Petro BUSINESS DEVELOPMENT & CLIENT MANAGEMENT Matthew is a member of Retail Strategies team assisting in the research and retail recruitment efforts for multiple municipal clients throughout the Southeast. He specializes in the execution of the strategic retail recruitment plan, focusing on the identification of companies to fill the product and service gaps within each city's trade area. �... �• Matthew graduated from the University of Alabama with a bachelor's degree in Marketing and a specialization in Sales. Scott vonCannon a• BUSINESS DEVELOPMENT & CLIENT MANAGEMENT Scott vonCannon came to Retail Strategies with an extensive background handling economic and community development marketing initiatives. He brings experience working with State officials, Economic , Developers, Chambers of Commerce, and municipalities to help . :• promote business growth within a community, region or state. He I worked in Nashville for four and a half years and has relocated to Birmingham to join Retail Strategies. 9=. Scott graduated from Auburn University with a bachelor's degree in Business Administration with a concentration on Marketing. I Laura Hudson RETAIL RECRUITMENT COORDINATOR Laura graduated from the University of Alabama, majoring in Fashion Retail and minoring in Marketing.She received her Masters of Business Administration with a concentration in Entrepreneurship from Samford University.Laura's experience includes retail sales, market analysis and real estate property management.Her experience in retail spans work for Hibbett Sports and Saks Fifth Avenue. Laura is a volunteer for younrg Business Leaders of Birmingham and is a member of the Birmingham Venture Club.In her free time she enjoys yoga, swirnming, traveling, and the Birmingham culinary scene, C�� s William Cements RETAIL RECRUITMENT SPECIALIST a As Retail Recruitment Specialist,Bill represents clients in the leasing and brokerage of retail properties. Additionally, he negotiates leases and purchase contracts,assesses property and handles market and trade area analysis. Prior to joining Retail Specialists,Bill served as a leasing agent with Eason, Graham&Sandner, inc. in Birmingham,Alabama. He is a member of the International Council of Shopping Centers, \� 4 Birmingham Association of Realtors and in 2008 earned the Certified Commercial zvW Investment Member(CIM)designation. Bill has a bachelor's degree in business r.. a ro administration from the University of Mississippi,and previously served as an officer in the United States Air Force. He currently resides in Birmingham with his wife, Renee and is actively involved with Big Brothers and Big Sisters of Birmingham. IVOOMPIEEMESIMMINENO I Brooks Corr RETAIL RECRUITMENT SPECIALIST t"\ l' i. sy As a Retail Recruitment Specialist, Brooks represents clients in the y�� e leasing and brokerage of retail properties around the Southeast. He has worked on all facets of transactions for various retail clients ranging from small entrepreneurs to multinational corporations to local and federal governments. Brooks has , worked with city municipalities as a representative or consultant in their real estate matters such as land sales,attracting new retail development,and providing guidance to daily real estate decisions. Brooks has earned the coveted Certified Commercial Investment Member(CCIM) designation from the CCIM Institute,Additionally,he has been awarded the'Power Broker" honor for the last three consecutive years by the nation's leading commercial real ten estate information service,Costar.Brooks is a graduate of Furman University in Greenville,South Carolina,where he earned a Bachelor of Arts degree in Business : Administration and had a focus on Economics. INOttgail David Plummer RETAIL RECRUITMENT SPECIALIST David Plummer Mined the Retail Strategies team coming from Boxer h j Properties in Houston,Texas where he handled leasing for a portfolio of commercial office buildings. David earned a bachelor's degree in Real Estate Finance at the university of Alabama while playing Ice Hockey for the University's = Frozen Tide and is a member of the International Council of Shopping Mr i Centers. David relocated back to Birmingham with his wife Suzanne. In n his free time he enjoys playing hockey,golf,and spending time with family and friends, �0 Hamilton Huber m A ,,,-a: RETAIL RECRUITMENT SPECIALIST Hamilton Huber joined Retail Strategies corning from The Shopping .; Center Group where he served as a broker in leasing and selling retail space,gas stations,and convenient stores as well as working in the f landlord service division concentrating on property management. i3W AEU OV Vi ' Hamilton is a life time resident of Birmingham who graduated from the University of Mississippi with a Bachelor's in Business Management, He is a member of the International Council of Shopping Centers(ICSC) ;1 "�. and the Petroleum and Convenience Marketers of Alabama(P&CMA), He lives in Birmingham with his wife Leigh. , 0 R Todd Becker . g rah RESTAURANT SPECIALIST ,164X41 k6 . '__ Todd serves as Restaurant Specialist, providing restaurant research. strategic planning,and recruitment services for municipalities - throughout the Southeast. a g A Birmingham native,Todd brings over 20 years of experience to the company with fo€:us on restaurant site selection and franchise growth. His experience includes positions as a multi-unit controller, ..ii.nattikPinitOlL,,*%. VA entrepreneur, franchisee,and working with and for franchisors,Since a 2007,Todd has owned Restaurant Solutions,LLC,where he continues Anssilliatirita to provide financial and operational management to restaurants across the Southeast. Todd has a bachelor's degree in Accounting from Auburn University, He currently resides in Birmingham with his wife.Carrie,and two children. lie attends Church of the Highlands. In his free ik time, he enjoys spending time with his wife and children,playing golf,and fishing. gF Josh Earnest • b i DIRECTOR OF PROPERTY MANAGEMENT .1 ` As the Director of Property Management Accounting,Josh is • involved in the day--to--day operations of the Property Management - division.Additionally, he assists with the financial analysis of investment and development projects. Previously, he served as Analyst and Property Accountant with Bayer Properties, LLC in Birmingham. in his previous roles, he has worked with various institutional investor ownership groups and brings multiple years k of experience in Real Estate Accounting and Finance. Effi Josh earned a Bachelor of Science Degree in Accounting from The University of Alabama, as well as a Masters of Business Administration from The University of Alabama at Birmingham. He currently resides in Birmingham with his wife,Jessica. -‘\\.KA374111001KliiilEN54‘. r3a <a Brad Siegal s GENERAL COUNSEL AND PROJECT MANAGER Brad Siegal serves as General Counsel and Project Manager for Retail Strategies. Brad provides legal assistance and oversight as the firm provides research, strategic planning,and retail recruitment services to municipal clients. Through his work with developers and municipalities,Brad has assisted and been involved with many city- ���� ° assisted developments including public infrastructure assistance, municipal lease financing, and development agreement revenue sharing arrangements. t 4 Brad has been a practicing attorney for more than 23 years. He has represented major real ztaigimitiniatimVW VilinliMMOVAV estate clients, including investment funds and REIT's in their acquisitions, dispositions, and ! ^ other commercial activities throughout the United States. He is an AV-Peer reviewed lawyer, a member of several"Best Of" listings, and involved in many real estate specific_ organizations such as the Attorneys and Executives in Commercial Real Estate (AECRE), .� Brad completed his undergraduate degree at The University of Alabama and received his law degree from Vanderbilt University Law School. He currently serves as the immediate--Past President of the Levite Jewish Community Center and has served on numerous boards for other non-profit organizations throughout the city. szwatanittlirneri I a`* Ash lee Knotts RESEARCH COORDINATOR c ,A , ,,, 1 Ashlee Knotts joined Retail Strategies coming from The Shopping Center Group where she served as a leasing administrator. At ISCG, she was responsible for administrative support to the Project Leasing team while also handling the GIS Mapping and production/maintenance of all marketing materials for her team's property listings.Also while at The Shopping Center Group. Ashlee served as a Retail Marketing Assistant where her primary responsibilities were flyers,eblasts. maps, aerials,demographics reports,and other print media. Ashlee also assisted in data base management,client communication,advanced research and the organization of all digital media. Originally from,Rhode Island,Ashlee currently resides in Fort Benning, Georgia with her husband. In her free time she loves to play music,go kayaking/hiking,and spending time with her family and friends. 0 l' ' .. Amanda Beshears DIRECTOR OF MARKETING Amanda Beshears is the Director of Marketing for Retail Strategies. She specializes in GIS mapping, market research, market development -,, _. x, plans, project&event coordination,and team operations. She is also e : '> responsible for the creation of site submittal packages including e 7" aerials,maps,flyers,and demographic reports. a` e ��� �� g� r�� ;,.� k� , -1 Prior to joining the Retail Strategies team,she gained her experience ��` ` " ''v in Retail Real Estate with The Shopping Center Group where she specialized in Marketing,GIS,and Office Management. A native of bestir,Florida, Amanda and her husband josh now reside in Birmingham.She moved g$ = - to Birmingham to begin her career after obtaining a Bachelor of Arts degree in Psychology from Auburn University. Laura Marinos MARKETING ASSISTANT As Marketing Assistant and Administrator,Laura assists in creating market development plans, generating site submittal packages, maps, traffic assessments,and aerial photographs. She interacts directly with several retail clients and helps in coordinating the efforts of r a multiple Retail Specialists,inc.and Retail Strategies, LLC producers. , lie ® ?.: She is also responsible for helping to create marketing packages and other advertising materials for third party property listings_ s V Laura graduated from the University of Alabama at Birmingham and earned a Bachelor of Science Degree in Marketing.Laura is originally from Tuscaloosa, Alabama but moved to Birmingham to begin her career. 1 t:'4� This month,Joe Fackel officially joined the Retail Strategies team. Joe founded and ran the Public Sector Consulting Practice for Buxton from 2004 to 2013. 1 Retail Strategies does not claim any exceptions to applicable terms,conditions,or requirements contained in the RFP. ji £ Additional documentation is not applicable for the services which Retail Strategies would provide under the RFP, y1 ATTACHMENTS THIS SHEET MUST BE SIGNED CITY OF EDGEWATER EDGEWATER, FLORIDA PROPOSER CHECK LIST IM PORT A N T: Please read carefully, sign in the space indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: R( The proposal includes the signed cover letter. 2- All information in its proper format is included. 77"--All applicable forms have been signed and included 1. --- Any addenda have been signed and included. 2'.' The mailing envelope has been addressed to: ilk* CITY CLERK City of Edgewater 104 N. Riverside Dr. P.O. Box 100 Edgewater, Florida 32132 The mailing envelope must be sealed and marked with RFP Number, RFP Title and Due Date. r,1 ' The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise the proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name 'REN/A1 L. S-r11,/7“.1 G S /Signature and Title I.J.4,,y/Leic, op-e.osliJcs s -0"E-40644E-47 Date DEc.E.A.kaCtZ. I 7 , Z o 13 Email i3tt.t. . 1-kAtqK 145 e gerAIL 1--a.4-1--EAI 6 s'. cofrt 18 RFP 14-ED-005-Retail Feasibility,Strategic Planning and Recruitment CONFLICT OF INTEREST AFFIDAVIT By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. REIVA11,- 571-aArt:4 lE-5 / Firm &JAY/6 tie 47/Z---/ 12/z/..20 r 3 Signatur Date tigAtK/A/5 1 Name Printed , t 2 cf c 6 1 17 ETIPE:Air-etc Vv3.44,16-5.5'II-vEtaREAte 7- , Title of Person Signing Affidavit State of A 0,13w),, ) City of -E,1 y rivniquir, ) SUBSCRIBED AND SWORN to before me this I 2---day of Mit*ef,nii64/ , 20 i , by who is personally known to me to be the V ie_ie I-11.0 4-e.fri-- for the Firm, OR who produced the following identification: 1 III 4 al--eilD Notary Pil tic ,, My Commission Expires: -,' 1 0 19 RFP 14-FD-005-Retail Feasibility,Strategic Planning and Recruitment PROPOSERS QUALIFICATION FORM *air LIST CURRENT CONTRACTS: RTAtL ST a ATE C...1 ES A A 5 Al 0 r,urt c-0,A.Prrz-Ac_--r-5 L., -1-#4 TH F LIST CONTRACTS WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: Re-T-Att-- STr-LA-rEc,te t 5 A c.Ar4 D PATE 0/4 Fort. 1"LP P Ls — c)os OTHER INFORMATION ABOUT PROJECTS: sl/A Have you, at any time, failed to complete a project? I Yes [ir&o 'TATEMENT OF LITIGATION: Are there any judgments, claims or suits pending or outstanding or against you? fl Yes [ -No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all City of Edgewater projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. F5 Total Fees for work done on all City of Edgewater projects (continued on next page) 20 kW" RFP 14-ED-005-Retail Feasibility,Strategic Planning and Recruitment REFERENCES: ank(s) Maintaining Account(s): 111SZAARANK nat.i.Jormk C..Ael-rAL 1-3A.44 Surety/Underwriter: (if required) NVA Other References: (Use additional sheets if necessary) PLEASE iZeFert To -1;as 3 NEfeaer1 CC 5) TYPE OF FIRM: Corporation/Years in Business: . If firm is a corporation, please list state in which it is incorporated: If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida, /Partnership/Years in Business: .2 Sole Proprietorship/Years in Business: Other: Please list: '1/4400y Pursuant to information for prospective Proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: Qe-rAiL 5rrz-A-rt--el/6 5 L c-- By: 1/JILL t AAA. R. IAA NIK , Title: \.) %Le Pcie SI 0 EN"1" F gi,514C55 . Attested By: ---- f-cteck 6 ( Title: 7, Date FüjwoI5, JP NINO 21 RFP 14•ED-00S-Retail Feasibility,Strategic Planning and Recruitment U Y / U " DECLARATION STATEMENT City of Ed r 104 N. Riverside Dr,, P.O. Box 100 Edgewmter, FL 32132 RE: RFP NO. 14-ED-005— "Retail Feasibility, Strategic Planning and Recruitment" Dear Mayor and Council Members: The undersigned, as Proposer (herein used in the rnmocu|ine, uingu|ar, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of propoaa(o, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains The Proposer puts forth and agrees to commence negotiations and execute an appropriate City document for the purpose of establishing a formal contractual relationship between him, and the City. ‘44001 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of December , 2015 in the City of Birmingham, in the State of Alabama. Firm's Complete Legal Name: Retail Stnategiea, LLC Addresm 18th � : 120 18 Dtnagt South, Suite 201 BirminQham, AL 35233 Phone Number: 205.314.0384 Check one of the following: HSole Proprietorship Corporation or P.A. State of FtLimited Partnership General Partnership By: VWUionn R. Hankins, Jr. _�� I Name (Typed) Signature ' � ��cc n.„/..,,F ist.u^.15 Title City of Edgewater, Florida i�W�� �2 RF'P 14-ED-005-Retail FeasibUity, Strategic Planning and Recruitment INSURANCE REQUIREMENTS INSURANCE TYPE REQUIRED LIMITS El 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. 2. Commercial General Liability Bodily Injury & Property Damage (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements, $1,000,000 single limit per occurrence E 3. Indemnification: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 416, rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. El 4. Automobile Liability $ 500,000 Each Occurrence Owned/Non-owned/Hired Automobile Included 5. Other Insurance as indicated below: $ 1,000,000 Per Occurrence Errors and Omissions or Professional Malpractice Coverage (continued on next page) 23 RIP 14-ED-005-Retail Feasibility,Strategic Planning and Recruitment **lir CITY OF EDGEWATER, FLORIDA INSURANCE REQUIREMENTS (Continued) El 6. Aircraft Liability $1,000,000 each occurrence combined single limit for bodily injury liability and property damage liability. 0 7. Contractor shall ensure that all subcontractors comply with the same Insurance requirements that he/she is required to meet. The same Contractor shall provide City with certificates of insurance meeting the required insurance provisions. II 8. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. ■ 9. The City of Edgewater shall be named as the Certificate Holder. NOTE—The "Certificate Holder"should read as follows: City of Edgewater Edgewater, Florida No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. ,,. ■47.1 10. Thirty (30) Days Cancellation Notice required. %se P 11. The Certificate must state the RFP Number and Title. ... _...... ... ... .. ... ...^•••• •••■ or •••• .... ono sw■ am a..... .... .■ .■..■. .... .... ■ .... ma am mg......... .... ..... PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of RFP. iZe-rAit. ST4-1.A-7Ec,E 5 LC.C Bates, Roberts, Fowikes&Jackson Insurance Proposer Insurance Agency g ,)Ari_. II A ' f Oice,-Lie td-Z____/, fit/Vr Mt .,.. l 04,4 Signature of Proposer' Signature of Proposer's Agent %NW 24 RFP 14•RD-005-Retail Feasibility,Strategic Planning and Recruitment 1 ,-----1 . ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS -.::::ncERISIICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZES ',REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. --,/ IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement s. • , PRODUCER Debra Downey NAmE: Bates, Roberts, rowlkes & Jackson Insurance ev10,Ext; (205)956-0563 Emc No,(203)956-6905 1812-6th Avenue, South ADIAEss,clebra@batesia.corn Post Office Box 101537 INSURENS)AFFORDING COVERAGE NAICII 1=4440 AL 35210 10677 INSURER A:CINCINNATI INSURANCE CO INSURED INSURER B Retail Specialists Inc & Retail Strategies, IrstotERc: PO BOX 531247 INSURER D; INSURER E Birmingham AL 35253 ,INSURER F. COVERAGES CERTIFICATE NUMBER:2013 GL/Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 143R ADM SLER POLICY EFF POLICY EX? LTR TYPE OF INSURANCE INSR W1/1)__ POLICY NUMBER (MM/DOIYYYY)JMM/IX)NYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 'DAMAGE TO RENTED X COMMERCIAL GENERAL L tABILIT'r PREMISES IEs ocogronce) $ 100,000 A I CLAIMS-MADE pi OCCUR t PP/cPA107 032 6 2/1/2013 2/1/2014 MED EXP(Any one pe-son) $ 5,000 PERSONAL a A.OV IN,URY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENt AOGREGATE LIMIT APPL ES PER PRODUCTS-COMP/OP AGG I 2,000,000 --X1 POLICY ri ri ri Lcc $ AUTOMOBILE LIABILITY COMBINED SNGLE LIMIT tEd tr -Arlo nl I $ 1.000,000, ' AUTO 4IIMIPP`2 , GODLY N.ILIRY(Pac perwn) $ ANY ALL OMA4ED SCHEDULED cPP/cPA.1070826 2/1/2013 2/1/2014 BODILY NJURY(Per arx■rient) $ AUTOS AUTDS 2 X NON-OMED PROPERTY DAMAGE S HIRED AUTOS Atyros (kr-accident) HireCIAorrotred $ 1,000,000 UMBRELLA(JAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION I ur STAT1J- 1 10TH- ANO EMPLOYERS'LIABILITY I YIN TORY UMFTS i I ER ANY PROPRIETOR/PAR-NER/EXECUBVE ri E- EACH ACCIDENT $ OFFICER/MEMBER EXCL JOEC0 N/A (mandatory In NH) E_ DISEASE.EA EMPLOYEE $ grs6c1719-1'Cl?'14 fegPERAT 10 NS below EL DIEEAsE-POLICY LIMIT $ .. DESCRIPTION OF OPERATIONS i LOCATIONS/VEHICLES(Attach ACORD 101,Add-trona!Remark,Schedule,if more spice Is required) Certificate issued in regards to RFP14-ED-005-Retail Feasibility, Strategic Planning and Recruitment. The City of Edgewater is named as Additional Insured in regards to General Liability. 30 Days written Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7/1E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY movestota. City of Edgewater 104 N Riverside Drive r AuTHoRtzEo REPRESENTATIVE - ' Edgewater, FL 32132 Thomas Roberts/EMILY 1 ...._ .... ACORD 25(2010/05) @ 1988-2010 ACORD CORPORATION. All rights reserved. INS025 polooso.T I The ACORD name and logo are registered marks of ACORD DRUG-FREE WORKPLACE PROGRAM CERTIFICATION Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. In order to have a drug- free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the %illo United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statues, as stated above? YES H NO NAME OF BUSINESS: RE-CA IL STMATE.C./ES L L SIGNATURE OF RESPONDER: ‘4110. 25 REP 14-ED-005-Retail Feasibility,Strategic Planning and Recruitment FEE PROPOSAL PROPOSED FEE FOR SERVICES AS DESCRIBED FOR INITIAL THREE YEAR ENGAGEMENT: TOTAL PROPOSED FEE IN WORDS: }=,R-r 1 1 o.5.An+D D at,LAtiZS ('1 e A2 t'), ►,,ict. 1 tiov5Att9 LAtt5 (`IEAtzS 2.-3, Qe-59ac'rp.16L-0 TOTAL PROPOSED FEE NUMERICALLY:$40,000 (1R-t); S 2o,000 (IRS.2-3,tiEsfi'cnNEt-i) ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ THE ABOVE AMOUNTS INCLUDE SALARY COST, FRINGE BENEFITS, OVERHEAD, OPERATING MARGIN AND PROFIT, AND ALL DIRECT AND INDIRECT EXPENSES. PLEASE INCLUDE ABOVE ANY OTHER POTENTIAL ADDITIONAL SERVICES THAT MAY BE REQUIRED AND ASSOCIATED COSTS. Authorized Signature L.),LAA Address 1 a© 1 'Tat S TTt c.T 5Q V-ry , S u t re as I Printed Name & Title (j,Li._,,mac 2. IA a&+<1/.45 t 1-0 City, State, Zip Code 519-A4 i n44l 1 AM 44313n A A/ 3 5.21 G Company Telephone No. Z05- 314, D 35'`/ Fax No. 2oS. 313 3 G 7 / Date 1211 3/201 3 26 RFP 14-ED-OO5-Retail Feasibility,Strategic Planning and Recruitment PROPOSED FEE SCHEDULE INITIAL ENGAGEMENT: THREE(3) YEARS PRICING-YEAR 1 $40,000 Deliverable will focus on all retail trade areas for the City of Edgewater. Deliverables will include: • Market & Retail GAP Analysis • Consumer Attitude & Behavior Analysis • Peer Identification & Analysis • Catalog Available Properties • Identification of Retail Prospects (Plus Continued Updating) • Creation of Strategic Retail Recruitment Plan • Representation at National and Regional Retail Real Estate Conferences • Execution of Strategic Plan and Proactive Retail Recruitment • Updates to Market Research Data PRICING-YEARS 2 AND 3 $20,000 Retail Strategies, for year two and three of the engagement, will provide updated research and on- demand research reports/analysis. • Continued Updating of Strategic Retail Recruitment Plan • Continued Updating of Retail Prospect List • Continued Execution of Strategic Plan • Updated Research and On-Demand Research Reports/Analysis • Continued Representation at National and Regional Retail Real Estate Conferences PRICING-YEAR 4 AND BEYOND Our clients have the option, beginning in year four, to renew Retail Strategies services on an annual basis at the same cost as year three of the consulting engagement. *As part of the execution of the Strategic Retail Recruitment Plan, Retail Strategies will proactively recruit retailers on the City of Edgewater's behalf. However, Retail Strategies does not guarantee the recruitment of any specific retailer or retail recruitment results as outcomes are outside of the firm's control. Retailers will make the final decision as to when, where, and in what manner they might locate in a community. { ADDENDUM NUMBER 1 BID#REP 14-ED-005 CITY OF EDGEWATER RETAIL FEASIBILITY,STRATEGIC PLANNING AND RECRUITMENT To All Plan Holders; The following changes, clarification and additions are hereby made part of the RFP 14-ED-005 for the above RETAIL FEASIBILITY,STRATEGIC PLANNING AND RECRUITMENT as fully and completely as if the same were fully set forth therein. The Close date for this project has been changed from December 17,2013 at 10:00 am to December 17,2013 at 11:00 am. 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R3 a I G) C C1, Cx D D M' 0 2 D CL 111111111111111 r> • • • • )0,.. • • • • >,. • • • • Li • /D l 1 V Z O U nik Ilk tiiiif 11111111111 t,„if , 0 li /////if Or /01 AGENDA REQUEST Date: January 22, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS February 3, 2014 ITEM DESCRIPTION: Discussion regarding voter referendum for November 2014 elections to determine if the City may grant tax exemptions for new and/or expanding businesses. BACKGROUND: During the establishment of the 2014 Project Goals the City Council had identified an interest in evaluating the opportunity to provide tax exemptions for new and/or expanding businesses. The intent of the initiative is to attract additional commercial and industrial/manufacturing development. Florida Constitution and Statute does permit municipalities the opportunity to offer such incentive for the purpose of economic development. As has been determined locally in regards to competing with neighboring communities and counties, the Florida Legislation has also found that the state is facing increased competition from other states for the location and retention of private enterprises to locate or expand their businesses here. In an effort to remain competitive and attractive for the purpose of economic development to provide for a stronger and sustainable future by diversifying the tax base while creating jobs locally, communities are considering tax exemptions as an incentive to attract additional quality new development or expansion of existing businesses. Prior to any municipality offering such economic development tax exemption incentive it must obtain the approval in a referendum by the electors of the city. If approved by the majority of the electors, the city may offer such tax exemption as incentives for a period of ten years from the date of approval by the electors and may be renewable by referendum. The exemptions can only apply to improvements made to real property made by new business or expansion of existing business and added tangible personal property to either new or existing businesses. Research indicates that the City of Edgewater electors had previously authorized a tax emption in 1992 applicable to only new or expansion of existing manufacturing business. At that time the new or expanding manufacturing business was required to generate ten new full-time jobs to be eligible. They were also required to maintain those ten full-time jobs throughout the exemption period. The opportunity to offer this referenced tax exemption expired in 2002 and it is believed two businesses requested and qualified for the incentive. If the City Council considers placing required language on the November 2014 referendum, they must adopt the ordinance depicting the language on the ballot by the June 2, 2014 regular City Council meeting and transmit to the Supervisor of Elections no later than June 20, 2014. STAFF RECOMMENDATION: This agenda item is for the purpose of the City Council to discuss and consider exercising the option in requesting permission of the electors to allow for economic development tax exemption for new and expanding businesses. During the discussion the City Council should consider and provide direction to staff regarding: 1) Would the tax exemption be available to all business classifications such as commercial and industrial/manufacturing? 2) Do you want the exemption to only be eligible for a certain area of the city i.e. infill of the established Edgewater Redevelopment Area (Brownfield designated area)? 3) Would the exemption be eligible to new and expanding? 4) Is there a new or expanding building size or an addition of a certain number of employees' requirement? If so, how much or many? 5) How many years of the exemption and/or do you reduce the exemption over a period of time? ACTION REQUESTED: Provide additional direction to staff based on discussion whether to proceed with drafting ordinance language for the 2014 referendum. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully submitt-+, Concurrence: � , ._ , Trace Barlow Robin L. Matusick City anager Paralegal