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HomeMy WebLinkAboutAgenda Packet 07-21-2015 [city seal] CAPE CANAVERAL CITY COUNCIL MEETING AGENDA Instructions This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the "board or commission" (or City Council) takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 MINUTES to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT. CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 21 , 2015 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA: 6:15 p.m. — 6:20 p.m. 1. Approve Minutes for City Council Joint Workshop with the Business & Economic Development Board and Regular City Council Meeting of June 16, 2015. 2. Resolution 2015-07; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 3. Resolution No. 2015-08; officially naming a previously unnamed private access "Oak Manor Drive", located within the City of Cape Canaveral and more particularly depicted on Exhibit "A" attached hereto; requesting the Board of County Commissioners of Brevard County, Florida, to place the named private access on its official maps of record; providing for recordation; repeal of prior inconsistent resolutions; severability and an effective date. 4. Award the bid for the East and West Central Boulevards Gap Sidewalk Project to Wm. Turnbaugh Construction, Inc. in the amount of$97,618.75 and authorize the City Manager to execute the Construction Agreement for same. 5. Award Contract for construction of Banana River Park Phase 1 Project improvements to Archangel Engineering & Construction, Inc., in the amount of $330,630 and authorize the City Manager to execute the Construction Agreement for same. City of Cape Canaveral, Florida City Council Meeting July 21, 2015 Page 2 of 2 6. Approve Design Proposal in the amount of$80,000 to GLE Associates, Inc. (GLE) for Architectural and Engineering Services related to the Infrastructure Maintenance (IM) Building and authorize the City Manager to execute same. PUBLIC HEARING: 6:20 p.m. — 6:45 p.m. 7. Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of Ordinances relating to Recreational Fires; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 8. Ordinance No. 07-2015; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. ITEMS FOR ACTION: 6:45 p.m. — 7:00 p.m. 9. Authorize removal of a Specimen Tree at 309 Madison Avenue. REPORTS: 7:00 p.m. — 7:15 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting. CAPE CANAVERAL CITY COUNCIL #1 JOINT WORKSHOP MEETING WITH THE BUSINESS & ECONOMIC DEVELOPMENT BOARD LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY June 16, 2015 4:30 PM MINUTES CALL TO ORDER: Mayor Randels serving as the mee/tiog Qair called the Meeting to Order at 4:30 P.M. ROLL CALL: Council Members Present: Board Members Present: Council Member John Bond Chairperson Omar Capellan (5:15 p.m.) Mayor Pro Tem Bob Hoog Board Member Shannon Roberts Council Member Buzz Petsos Board Member Jim Massoni Mayor Rocky Randels Council Members Absent: Board Members Absent: Council Member Betty Walsh Board Member Melanie Evans Board Member Andrew Serafin)ipla Others Present: City Manager David L. Greene City Clerk Angela Apperson Economic lapelopment Director Todd Morley Communit velopment Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn PUBLIC PARTICIPATION: None PRESENTATIONS / INTERVIEWS: 1. Branding Presentation by Stephanie Darden, President of Prismatic, Inc.: Ms. Darden presented the executive summary from the public engagement initiatives; reviewed the community outreach efforts and demographic data collected; the purpose for the website"MyCapeCan.com"; the art and writing contest for the Students; highlights City of Cape Canaveral, Florida Joint Workshop Meeting June 16, 2015 Page 2 of 2 from Stakeholder interviews; results from the internal analysis of Social Media (website/Facebook); external analysis of how the City's website compares to surrounding Municipal websites. Discussion ensued and included: the different perspectives of the participants; whether seasonal residents/populations were considered; whether the pro-development comments targeted any specific types; instead of using "pro-development" using the words "business friendly"; the need to change/update the City Seal and the Seal represents the history of the City as well as distinguishes us from other cities; whether the City needs to market itself at the tourist centers; and the focus on the beach/environment. Ms. Darden continued the Presentation by reviewing the objectives of the new brand; the need to speak to three separate audiences (Residents, Businesses and Visitors); what was learned by listening to the survey participants; the purpose of a "Brand Manifesto" and "tagline"; suggested fonts and colors for the brand; how to introduce the brand; and the development of a brand video, which will include photos submitted by the public. Discussion continued and included: individuals submitting items/pictures will be recognized in the video credits; that the video will be shown a,Movies in the Park; concern over the use of "the space between" because it further describes the problem that the City is between the Port and Cocoa Beach; how the pteady tag line "The space between Sun and Sea" will be used; the openness of the tag line allows individuals to shape how they want to see the City and allows the City to show what individuals can expect to find in the City; the continued evolution of the City is also represented in the tag line, whether to update the City Seal; the historical significance of items represented in the current Seal; and the opportunity to incorporate the branding campaign into the North Atlantic Avenue Streetscape, A1A Improvements as well as any other new facilities. Mayor Randels thanked Ms. Darden and her team for all their hard work on the project. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:59 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, City Clerk CITY COUNCIL REGULAR MEETING #1 CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY JUNE 16, 2015 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:11 P.M. Mayor Randels apologized for starting late and and led the pledge of allegiance, ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tern Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Members Absent: Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kim Kopp City Clerk Angela Apperson Economic Development Director Todd Morley Community Development Director David Dickey Human Resources Director Jane Ross Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: John Benton expressed frustration over the lack of action by Code Enforcement Officer Alexander. City Manager David Greene indicated the only recourse Mr. Benton has for the ruling of the Code Enforcement Board is with the Circuit Court. City Manager Greene indicated Staff has responded to each of Mr. Benton's complaints. Discussion ensued. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2015 Page 2 of 4 Assistant City Attorney Kopp indicated that if City Staff has investigated a complaint and found no violation, Mr. Benton can bring a civil action against the property owner. PRESENTATIONS / INTERVIEWS: Recognition of Mayor Rocky Randels receiving the Space Coast Transportation Planning Organization's Lifetime Achievement Award at the April 9, 2015 Board Meeting: Kim Smith and Georgiana Gillette with the Space Coast Transportation Planning Organization presented Mayor Randels with the plaque. Ms. Smith explained the reasons Mayor Randels was chosen for the Award, citing how he spends his time walking the walk not just talking, as well as all the assistance provided to the SCTPO over the many years he has served as a member of the Board. Mayor Randels expressed appreciation and read the plaque inscription. CONSENT AGENDA: Mayor Randels removed item #3 from the Consent Agenda for discussion. He inquired if other Council Members desired to remove any other items for discussion, to which negative responses were received. 1. Approve Minutes for Regular City Council Meeting of May 19, 2015: 2. Approve Special City Council Meeting, First Budget Hearing for September 8, 2015 and a Final Budget Hearing on September 22, 2015, and cancel the regularly scheduled September 15, 2015 City Council Meeting and reschedule to September 22, 2015: 3. Approve Cost-Share Agreement with St. Johns River Water Management District to receive grant funds in the amount of $741,427.50 for the construction of a 2.5-million gallon reclaimed water tank and authorize the City Manager to take any other action deemed necessary or advisable in connection with the finalization and execution of the Agreement: A motion was made by Mayor Pro Tern Hoog, seconded by Council Member Petsos, to approve Items No 1 & 2 on the Consent Agenda. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. #3. Mayor Randels explained the Grant and thanked City Manager Greene, Consulting Engineer John Pekar, Public Works Services Director Ratliff and Deputy Director Dunn for their work to prepare the Grant submission. He recognized the achievement and noted the amount received is equivalent to about 23% of the revenue received from Ad Valorem (taxes). A motion was made by Mayor Randels, seconded by Mayor Pro Tem Hoog, to approve the Cost-Share Agreement with St. Johns River Water Management District. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2015 Page 3 of 4 City Manager Greene noted the anticipation of grant funds from the State for the Banana River Park and the City Park Exfiltration Project. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. PUBLIC HEARINGS: 4. Ordinance No. 05-2015; amending Chapter 98, Subdivisions, and Chapter 110 Zoning, of the Code of Ordinances; amending the technical requirements for sidewalks within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Assistant City Attorney Kopp read the Ordinance title into the record. Mayor Randels provided a brief explanation of the Ordinance purpose. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 05-2015. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. 5. Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of Ordinances relating to Recreational Fires; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Assistant City Attorney Kopp read the Ordinance title into the record. City Manager Greene provided a brief explanation of the Ordinance. Mayor Randels inquired about enforcement, to which Assistant Chief Cunningham and City Manager Greene responder ,. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos,for approval of Ordinance No. 06-2015. Mayor Pro Tem Hoog noted the remnants of what appeared to be a "bon-fire" on the beach near Solana Condo.The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. ITEMS FOR ACTION: 6. Ratify the Composite City Manager Performance Evaluation and discuss/determine anppropriate response to the provisions detailed in Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene: Mayor Randels explained the only person hired/fired by the City Council is the City Manager and all actions much be taken in public; the review process; read the rating scale into the record; noted the Council will consider a pay increase; and the overall score was 4.81. A motion was made by Council Member Petsos, seconded by Council Member Bond, to ratify the Composite City Manager Performance Evaluation. The motion carried 4-0 with voting as follows: Council City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2015 Page 4 of 4 Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Discussion ensued regarding a performance pay increase; whether the increase should be a lump sum bonus or an increase in salary. The discussion also included compliments to City Manager Greene for his abilities to overcome obstacles, hire wonderful Staff, obtain grant funds and that Mr. Greene has accomplished more in the last five years than the preceding 45 years. A motion was made by Mayor Pro Tem Hoog, seconded by Mayor Randels for a ten percent (10%) salary increase. The motion was briefly discussed and carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City Manager Greene thanked the City Council for the generous pay raise; noted everything that happens in Cape Canaveral is a team effort and Department Directors work very hard to obtain the grant funds. 7. City Council designate one (1) City Official to be the Voting Delegate at the 89th Annual Florida League of Cities Conference scheduled for August 13-15, 2015 — World Center Marriott, Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration: Mayor Pro Tem Hoog nominated Council Member Bond as the Delegate. A motion was made by Council Member Petsos, seconded by Council Member Bond, for Council Member Bond to be the voting delegate. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Mayor Randels inquired if any Council Member desires to propose a resolution, to which the remaining members responded negatively. REPORTS: None ADJOURNMENT: There being no further business, the Meeting adjourned at 6:58 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, City Clerk [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/21/2015 Item No. 2 Subject: Resolution 2015-07; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Tentative Proposed Millage of 3.5513 mills for FY 2015/16, which represents the rolled back rate. This millage includes two segments: General Government millage 3.4878 mills Library Dependent Special District 0.0635 mills Per "Truth in Millage Compliance", the highest intended millage rate must be proposed at this meeting and Ad Valorem Tax Rates can be lowered from the initial rate proposed. However, the tax rate cannot be increased after this meeting. There will be two more meetings concerning the Ad Valorem Tax rate to be implemented for the City's Fiscal Year 2015/16. They were set on June 16, 2015, by the City Council as follows: 1. September 8, 2015: a Tentative Millage rate will be established. 2. September 22, 2015: a Final Millage rate will be established. Submitting Department Director: John DeLeo Date: 7-2-15 Attachment: Resolution 2015-07 Financial Impact: The proposed millage rate of 3.5513 provides a property tax revenue stream of $3,353,169. These revenues are represented in the Proposed FY 2015/16 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7-6-15 The City Manager recommends that City Council take the following action: Adopt Resolution 2015-07. Approved by City Manager: David L. Greene Date: 7/7/15 RESOLUTION NO. 2015-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2015/2016 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.5513 mills on the dollar of taxable value for the 2015/2016 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents the rolled-back rate. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 3.4878 mills for General Government Millage. This tentative proposed Ad Valorem Tax shall be levied upon the 2015 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2015 and ending September 30, 2016. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0635 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax shall be levied upon the 2015 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2015 and ending September 30, 2016. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 21'day of July, 2015. Rocky Randels, Mayor ATTEST: Name For Against Angela Apperson, MMC, John Bond City Clerk Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No. 2015-07 Page 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 7/21/2015 Item No. 3 Subject: Resolution No. 2015-08; officially naming a previously unnamed private access "Oak Manor Drive", located within the City of Cape Canaveral and more particularly depicted on Exhibit "A" attached hereto; requesting the Board of County Commissioners of Brevard County, Florida, to place the named private access on its official maps of record; providing for recordation; repeal of prior inconsistent resolutions; severability and an effective date. Department: Community Development Summary: The City Council has been requested to officially name a private access, more particularly depicted on Exhibit "A" attached hereto. The private access serves the Oak Manor Mobile Home Park and connects N. Atlantic Avenue and W. Central Boulevard; the driveway provides access to the individual mobile homes/recreational vehicles in the park and is privately maintained. As the access is a private road, there are no public street signs on the property. The name of "Oak Manor Drive" has been approved by Brevard County Address Assignment. The naming of the drive will provide an increased level of public service, in particular the location identification for E911 purposes. By naming this private access, the City of Cape Canaveral accepts no maintenance responsibilities for said private drive. It shall be the property owner's responsibility to place the appropriate street sign(s) and keep said private access clear and accessible for emergency vehicles. Submitting Director: David Dickey y Date: 7/8/2015 Attachment: Resolution No. 2015-08 Financial Impact: Cost of recording Resolution and Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/9/15 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2015-08. Approved by City Manager: David L. Greene Date:7/9/15 RESOLUTION NO. 2015 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, OFFICIALLY NAMING A PREVIOUSLY UNNAMED PRIVATE ACCESS "OAK MANOR DRIVE", LOCATED WITHIN THE CITY OF CAPE CANAVERAL AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,TO PLACE THE NAMED PRIVATE ACCESS ON ITS OFFICIAL MAPS OF RECORD; PROVIDING FOR RECORDATION; REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has been requested to officially name one (1) private access, more particularly depicted on Exhibit "A", attached hereto and WHEREAS, the name "Oak Manor Drive" has been approved by Brevard County for assignment; and WHEREAS, the City Council deems it to be in the best interests of public health, safety, and welfare of the citizens of Cape Canaveral to officially rename this private access to improve location identification for E911 purposes. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Naming of Private Access. The City of Cape Canaveral hereby officially names and assigns the name "Oak Manor Drive" to the private access depicted on Exhibit "A", attached hereto and fully incorporated herein by this reference. By naming this private access, the City of Cape Canaveral accepts no maintenance responsibilities for said private access. It shall be the property owner's responsibility to place the appropriate street signs and keep said private access clear and accessible for emergency vehicles. Section 3. Official Brevard County Maps. The City Clerk is hereby directed to request the Board of County Commissioners of Brevard County, Florida, to place this newly named private access on the official maps of record. City of Cape Canaveral, Florida Resolution No. 2015-08 Page 1 of 2 Section 4. Recordation. Upon its approval and execution, the City Clerk is hereby directed to promptly record this Resolution in the Public Records of Brevard County, Florida. Section 5. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause,phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this 21st day of July, 2015. ATTEST: ROCKY RANDELS, Mayor Angela Apperson, MMC, City Clerk Name For Against John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral, Florida Resolution No. 2015-08 Page 2 of 2 Res.No. 2015-08 EXHIBIT"A" [map] City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 07/21/2015 Item No. 4 Subject: Award the bid for the East and West Central Boulevards Gap Sidewalk Project to Wm. Turnbaugh Construction, Inc. in the amount of $97,618.75 and authorize the City Manager to execute the Construction Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) invited qualified Licensed Contractors in accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for the construction of approximately 1,500 feet of concrete sidewalk (5-feet wide) and driveway aprons along both sides of East Central Boulevard from North Atlantic Avenue to Ridgewood Avenue. In addition, approximately 1,000 feet of concrete sidewalk (5-feet wide) are to be constructed along the southern side of West Central Boulevard between Thurm Boulevard and SR A1A. Staff advertised the Notice of Bid on June 1, 2015 by posting: (1) a legal ad in the Florida Today newspaper, (2) on the City's web site and (3) to the Onvia, Inc., bid service. Two (2) sealed bid submittals were received and publicly opened at the WWTP Training Room on June 25, 2015. PWS Staff analyzed the submittals and recommends the City contract with Wm. Turnbaugh Construction, Inc. which provided the low bid in the amount of $97,618.75. The other bid was provided by Harrell Development, Inc., in the amount of$108,045.00. A reference check (via telephone) performed by Staff with City of Melbourne personnel regarding a recent similar type project completed by Wm. Turnbaugh Construction, Inc. revealed a positive response. In addition, Wm. Turnbaugh Construction, Inc. successfully completed three projects in the City of Cape Canaveral in the past two years with excellent project results. The proposed Construction Agreement is included as Attachment 1; a Bid Tally Sheet is Attachment 2; and Wm. Turnbaugh Construction Bid is included as Attachment 4. Submitting Department Director: Joyce Muse Date: 07/02/15 Attachments: 1) Construction Agreement, 2) Tally Sheet, 3) Wm. Turnbaugh Construction's Bid Financial Impact: $47,530.00 of the East and West Central Boulevards Gap Sidewalk Project to be funded by the General Fund; The balance of the funds, $50,088.75, will come from the Community Redevelopment Agency; and Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/10/15 The City Manager recommends that City Council take the following actions: Award the bid for the East and West Central Boulevards yards Gap Sidewalk Project to Wm. Turnbaugh Construction, Inc. in the amount of $97,618.75 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene Date: 7/10/15 Attachment 1 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and Wm. Tumbaugh Construction, Inc., a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of the East and West Central Boulevards Gap Sidewalk Project. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; the Drawings prepared by the CITY's Public Works Services Department; Bid #2015-07 Documents issued by the CITY; CONTRACTOR's Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY; and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CONTRACTOR's Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions; or e. Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION-At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY.When the material, article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen (14)calendar days after the issuance of a written Notice to Proceed and shall complete the work within seventy-five (75) calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the City of Cape Canaveral/Contractor Page 1 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten($10.00)dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of ninety seven thousand, six hundred eighteen dollars and seventy five cents ($97,618.75). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid,which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7)calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore;or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to CITY 's affiliates' generating plants, their equipment or facilities; court City of Cape Canaveral/Contractor Page 2 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY-In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment fumished him; d. Another CONTRACTOR is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the CITY, CONTRACTOR's work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term "50%completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50%completion, the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; City of Cape Canaveral/Contractor Page 3 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida c. Outstanding claims of liens; or d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Lonnie Dunn or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes.The CITY will be the initial interpreter of the Contract Document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Resection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof,when necessary. f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING—CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY'S Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR- CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. City of Cape Canaveral/Contractor Page 4 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year after acceptance by CITY. 16. ASSIGNMENT -CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non-performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. City of Cape Canaveral/Contractor Page 5 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attomeys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND-CONTRACTOR may supply a materials, performance and payment bond(s) in form approved by the CITY's City Attomey and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of$1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's City of Cape Canaveral/Contractor Page 6 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida Liability Insurance for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time,excluding workers'compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees,whether at settlement,trial or on appeal. 28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, CONTRACTOR agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the CITY pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. CONTRACTOR agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the CITY in order to perform the services required by this Agreement. CONTRACTOR also agrees to provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. CONTRACTOR shall also ensure that public records that are exempt or confidential and City of Cape Canaveral/Contractor Page 7 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, CONTRACTOR shall meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. If CONTRACTOR does not comply with a public records request, the CITY shall have the right to enforce the provisions of this Paragraph. In the event that CONTRACTOR fails to comply with the provisions of this Paragraph, and the CITY is required to enforce the provisions of this Paragraph, or the CITY suffers a third party award of attomey's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to CONTRACTOR's failure to comply with the provisions of this Paragraph, the CITY shall be entitled to collect from CONTRACTOR prevailing party attomey's fees and costs, and any damages incurred by the CITY, for enforcing this Paragraph against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of any and all attomey's fees and damages which the CITY was required to pay a third party because of CONTRACTOR's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars($200,000.00), or any claim or judgment, or portion thereof,which,when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING -CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE -Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt City of Cape Canaveral/Contractor Page 8 of 9 Bid#2015-07 East and West Central Boulevards Gap Sidewalk Project Cape Canaveral, Florida acknowledged upon transmission; and addressed as follows (or to such other person or at such other address,of which any party hereto shall have given written notice as provided herein): For CITY: For CONTRACTOR: City of Cape Canaveral Wm.Tumbaugh Construction, Inc. David Greene, City Manager William P.Tumbaugh, President 105 Polk Avenue 4910 Suapres Lane Cape Canaveral, FL 32920 West Melbourne, Florida 32904 Phone: 321-868-1220 Phone: 321-725-2530 Fax: 321-868-1224 Fax: 321-952-1280 Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: CITY: City of Cape Canaveral,Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Angela Apperson, City Clerk Date City of Cape Canaveral/Contractor Page 9 of 9 Attachment 2 City of Cape Canaveral 6/25/15 Bid Tally Sheet - East and West Central Blvd Gap Sidewalk Project 2015-07 Firm Location Bid Amount Harrell Dev., Inc. Cocoa, FL $108,045.00 Wm. Turnbauh Const., Inc. W. Melb, FL $97,618.75 Page 1 of 1 [illegible logo] Attachment 3 Wm. Turnbaught Const., Inc. 4910 [illegible] West Melbourne[illegible] Bid#2015-07 Bid Sheet East and West Central Boulevards Gap Sidewalk Project Supply all labor, equipment, materials and supervision as follows for this sidewalk construction project. The project scope of work is to fill in gaps of missing sidewalk sections along East and West Central Boulevards by constructing new 5-feet wide sidewalk sections and transition the new sections to the existing 4-feet wide sections. Also, construct eleven (11) ADA ramps and install associated ADA mats at the multiple street intersections of the project. The new sidewalk sections are to be installed along both the northern and southern sides of East Central Boulevard between North Atlantic Avenue to Ridgewood Avenue. Also new sidewalk sections are to be installed along the southern side of West Central Boulevard between Thurm Boulevard and Al A. Some utilities will have to be relocated/raised within the path of the sidewalk along with removal of some vegetation/trees. Unit Item Code: Quantity: Cost: Total Cost: 1).Obtain permit from Community Development Department (no permit fee) LS 1 100' 100' 2). Mob/demob LS 1 2000' 2000' 3). MOT LS 1 2000' 2000' 4). Excavate and dispose of concrete and dirt LS 1 15,000' 15,000' 5).Remove trees, sod and vegetation LS 1 13,000' 13,000' 6).Relocate water meters EA 2 200' 400' 7). Raise water valves EA 3 75' 225' 8). Raise manhole cover EA 3 200' 600' 1|Page 9). Relocate PVC sewer cleanout EA 1 150' 150' 10).Concrete sidewalk; 5-feet wide;4-inches thick SF 11,225 3.75 42,093.75 11). Concrete sidewalk;5-feet wide; 6-inches thick SF 470 5' 2,350' 12).Concrete driveway aprons; 6-inches thick SF 200 5' 1,000' 13).ADA approaches/mats EA 11 400' 4,400' 14).Asphalt from sidewalk LS 1 800' 800' to asphalt driveway aprons 15).Grade and sod LS 1 9,500' 9,500' 16).Cleanup LS 1 4000' 4000' Total Project Cost: 97,618.75 Estimated Construction Time(Days):(StartSept-15-30th2015) 75 Days Project Cost guaranteed for 180 days. William P. Turnbaugh 6-24-2015 Signature(Authorized Representative)and Date William P. Turnbaugh - President Printed Name(Authorized Representative)and Title Wm. Turnbaugh Const. Inc. Company Name 2|Page Wm. Turnbaugh 4910 Suapres Ln. W.Melbourne,FL 32904 Construction, Inc. Ph:(321)725.2530 Fax:(321)952-1280 E-Mail:wmturnbaughconst@aol.com General Contractor:CGC57798 June 22,2015 City of Cape Canaveral 601 Thurm Blvd. Post Office Box 326 Cape Canaveral,Fl. 32920 www.citycapecanaveral.org This letter is to acknowledge the ability and resources for Wm. Turnbaugh Construction, Inc.has been in business of site and road work for over forty(40)years with numerous contracts with the FDOT and the Cities of Brevard County, Florida. We are licensed and bonded company with experience, equipment, and financial abilities to perform this job. Sincerely, William P. Turnbaugh/Pres. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 TURNBAUGH,WILLIAM PRESTON WM TURNBAUGH CONSTRUCTION INC 4910 SUAPRES LANE WEST MELBOURNE FL 32904 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque restaurants, DEPARTMENT OF BUSINESS AND and they keep Florida's economy strong. PROFESSIONAL REGULATION Every day we work to improve the way we do business in order to CGC057798 ISSUED 06/01/2014 serve you better. For information about our services,please log onto CERTIFIED GENERAL CONTRACTOR www.myflorldalicense.com. There you can find more information WM. TURNBAUGH CONSTRUCTION, INC. about our divisions and the regulations that impact you,subscribe IS CERTIFIED under the provisions of Ch.489 FS. to department newsletters and learn more about the Department's Expiration date: AUG 31, 2016 L1406010002835 initiatives. Our mission at the Department is:License Efficiently,Regulate Fairly. WE constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER CGC057798 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 TURNBAUGH, WILLIAM PRESTON WM TURNBAUGH CONSTRUCTION, INC. 4910 SUAPRES LANE WEST MELBOURNE FL 32904 ISSUED: 06/01/2014 DISPLAY AS REQUIRED BY LAW SEQ# L140610002835 Centennial FDOT 1915 [star] 2015 Florida Department of Transportation RICK SCOTT 605 Suwannee Street JIM BOXOLD GOVERNOR Tallahassee,FL 32399-0450 SECRETARY April 27, 2015 TURNBAUGH, WM CONSTRUCTION, INC. 4910 SUAPRES LN WEST MELBOURNE FL 32904 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2016. However, the new application is due 4/30/2016. In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14-22.005(3) , Florida Administrative Code. Your company's maximum capacity rating has been established based on X Audited Reviewed financial statements. To access it, please log into the Contractor Prequalification Application System via the following link: https://www3.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT-MIXED BITUM. COURSES FDOT APPROVED SPECIALITY CLASSES OF WORK: CURBING, SIDEWALKS, HEADWALKS, APRONS. You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3) , Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Sincerely, [signature] Juanita Moore, Manager Contracts Administration Office JM:cj www.dot.state.fl.us BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT NO. 2014 - 2015 SUBJECT TO COUNTY ZONING RESTRICTIONS 835000256 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES THE PERSONS.OR ENTITY BELOW: BUSINESS PERIOD: OCTOBER 1,2014 - SEPTEMBER 30,2015 EXPIRES: SEPTEMBER 30,2015 WILLIAM TURNBAUGH CONSTRUCTION INC 4910 SUAPRES LN ISSUED PURSUMIT NO SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE W MELBOURNE,FL 32904 DOES NOT CERITFY COMPIANCE WITH ZONING OR OTHER LAWS. BUSINESS TAX RECEPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND/OR FAILURE TO MAINTAIN REGULATORY PRE-REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), OR SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT IS REQUIRED TO ADVERTlSE(Including with signage)"GOING OUT OF BUSINESS". LISA CULLEN, CFC, Brevard County Tax Collector LOCATION: PO Box 2500,Titusville,Florida 32781-2500 926 LAW ST (321)264-6910 or(321)633-2199 ext.46910 CITY OF MELBOURNE,FL 32935 UPON A CHANGE OF OWNERSHIP OR LOCATION, BUSINESS TAX RECEIPT SHOULD BE TRANSFERRED WITHIN 30 DAYS. ONUNED BY: PROF. LICENSE REQUIRED WILLIAM TURNBAUGH CONSTRUCTION INC WILLIAM P TURNBAUGH BUSINESS CLASSIFICATIONS,DISCLAIMERS,AND RELATED FEES: EXEMPTIONS: NON EXEMPT PENALTY: $.00 300305 GENERAL CONTR.(CERTIFIEDJ 820005 2014-2015 RECEIPT AMT $37.00 [largely illegible text printed over the seal of Brevard County] MAIN OFFICE: 400 South St.,6th Floor,Titusville,FL 32780 BRANCH OFFICES: Merritt Island Office,1605 N. Courtenay Pkwy Melbourne Office,1515 Samo Road Palm Bay Office,450 Cogan Dr.SE Titusville Office,800 Park Ave. Indian Harbour Beach Office,240 E.Eau Gallie Blvd. BTR-TX/RCPT-04 City of Melbourne Local Business Tax Receipt FY 2015 BTR 7099 Busic}ess Name: TURNBAUGH, WILLIAM PRESTON Location: 926 Law St Classification: 117E Prof/contractor: General Consents/ Restrictions: Issue Date 10/1/2014 Exp Date: 9/30/2015 TAX RECEIPT SHALL BE TRANSFERRED WITHIN 30 DAYS OF CHANGE OF OWNERSHIP CR LOCATION.NOTIFY REVENUE OFFICE UPON CLOSING BUSINESS Wm. Turnbaugh Const, Inc. 4910 Suapres Lane West Melbourne, FL 32904 PREVIOUS SIMILAR WORK COMPLETED PROJECT NAME/OWNER/ BRIEF DESCRIPTION OF PROJECT REFERENCE CONTACT NAME PROJECT REFERENCE NAME/ADDRESS/ INCLUDING TOTAL COSTS AND AND PHONE NUMBER STATUS PHONE QUANTITIES AL Tuttle Trail Project Approx. 1 mile of sidewalk Brevard County Public Works Completed Brevard County - Public Works pathways, concrete, asphalt, Richard [illegible] P.E. 2012 Viera, FL & boardway const. Preserve 321-633-2000 321-633-2000 Park - Al Tuttle (375,000) Malabar - and Palm Bay Hollywood Blvd [illegible] Project 3/4 Mile of Concrete sidewalk City of West Melbourne Completed City of West Melbourne safe route to school - project Contact; Nephtali Davila 2012 321-727-7700 driveways - storm - drainage 321-727-7700 119,000 Oak St Rehabilitation Project Approx 1 mile of sidewalk - parkway Brevard County Public Works Completed Brevard County Public Works concrete ADA - aprons - Richard [illegible] P.E. 2010 Viera Fl. asphalt paving - sidewalks 321-633-2000 321-633-2000 44,500' Turtle [illegible] Extension Building Roadway Engineer - Melbourne Completed City of Melbourne storm water, curb Dani - Straub 2013 sidewalkes - complete project 321-727-2900 Engineer Dept 700,000' 321-608-7312 University Park Elementary sidewalks - driveways,- City of Melbourne June Sidewalk Improvements (SRTS) storm drain, asphalt, thermo- Engineer - Tammi Gillen 2015 Melbourne, Project #14112 (safe routes to schools) 321-727-2900 Eng. Dept. Form D2 [ACORD logo]CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/19/2015 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,sullied to the terms and conditions of the policy,certain poildes may require an endorsement A statement on this certificate does not confer rtgtts to the certificate holder In lieu of such endorsement(s). PROOUCER CONTACT Karen Sumner NAME: Brown & Brown of Brevard PHONE FAX A/C. No Ext): (321)757-8686 (A/C, No): (321)757-16S7 E-MAIL 7341 Office Park Place ADDRESS: ksumner@bbbrevard.com Suite 202A INSURER(S)AFFORDING COVERAGE NAIC # Melbourne 1Z 32940 INSURER A: Westfield Insurance Company 24112 INS INSURER B: FFVA Mutual Insurance Company 10385 Wm. Turnbaugh Construction, Inc. INSURER C: 4910 Suapres Lane INSURER D: INSURER E: West Melbourne FL 32904 INSURER F: COVERAGES CERTIFICATE NUMBER: CL14102713902 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR GENERAL LIABILITY INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED E.10 HtN1tD 500 000 X COMMERICAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 500,000 A CLAIMS-MADE X OCCUR CWP4907338 9/14/2014 9/14/2015 MED EXP(Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L_AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 4 (Ee accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALLOWED X SCHEDULED ALL OWNED AUTOS X SCHEDULED AUTOS CWP4907338 9/14/2014 9/14/2015 BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X PIP 10,000 PIP-Basic $ 10,000 X UMBBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTIONS $ CWP4907388 9/14/2014 9/14/2015 B WORKERS COMPENSATION X WC STATUS OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 12/12/2014 12/12/2015 (Mandatory In NH) WC840-0023268-2014 E L DISEASE-EA EMPLOYEES $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks schedule, If more space is required) RE: East & West Central Boulevard GAP Sidewalk Project CERTIFICATE HOLDER CANCELLATION (321)952-1280 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cape Canaveral ACCORDANCE WITH THE POLICY PROVISIONS. Building Department 105 Polk Ave. AUTHORIZED REPRESENTATIVE Cape Canaveral, FL 32920 Paul Corbley/KAREN ACORD 25(2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref # Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5.000 $32.00 Ref k Description Coverage Code Form No. Edition Date Underinsured motorist BI single limit UNDSG Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $138.00 Ref # Description Coverage Code Form No. Edition Date Premium discount PDIS Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$662.00 Ref # Description Coverage Code Form No. Edition Date Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $200.00 Ref # Description Coverage Code Form No. Edition Date Increased empbyers liability INEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $188.00 Ref # Description Coverage Code Form No. Edition Date Increased empbyers liability INEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref it Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXPO1 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $5,278.00 Ref # Description Coverage Code Form No. Edition Date Terrorism TERRO Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $37.00 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc. Wm. Turnbaugh Const, Inc. 4910 Suapres Lane West Melbourne, FL 32904 RECIEVED JUN 24 2015 4:25 P.M. AA East and West Central Blvds. Gap Sidewalk Project Bid#; 2015-07 City Clerk's Office 105 Polk Avenue Cape Canaveral,FL32920 Time: 2:00PM Date: June 25,2015 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/21/2015 [city seal] Item No. 5 Subject: Award Contract for construction of Banana River Park Phase 1 Project improvements to Archangel Engineering & Construction, Inc., in the amount of $330,630 and authorize the City Manager to execute the Construction Agreement for same. Department: Leisure Services Summary: A master plan for improving Banana River Park was developed in 2013. The existing Park is host to a youth soccer club, a paddleboard/kayak rental franchisee and the only public kayak launch located within City limits. In order to develop the master plan, community input was sought from existing Park users, nearby residents and the general public. Strong support was received from all participants as improvements to the facility were designed to address immediate needs and serve a wide demographic. To acquire funding for the Project, grant applications were submitted to the Florida Recreation Development Assistance Program (FRDAP) for $150,000 and the Florida Inland Navigation District (FIND) for $62,167. Although the Florida Legislature did not approve the FRDAP grant, the FIND Board of Commissioners approved its grant and the Project received partial funding. To achieve the vision of the Park and be able to utilize the available grant funding, construction was divided into three phases. Phase 1 consisting of sidewalk improvements, a parking lot, a 1,200 square foot pavilion/restroom/concession building, trail to the river, kayak landing and improvements to existing kayak launch were prioritized and put out for bid. Due to resident feedback, the design of the Project was improved to include up-to-code sidewalks and a safer parking area which significantly raised the scope of work from the original design. Leisure Services (LS) invited qualified Licensed General Contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit Bids. Staff posted bid information to Onvia, Inc. bid service, on the City's website, Florida Today newspaper on May 21, 2015 and via email to contractors on the City's vendor list. Seven (7) sealed bid submittals were received at the City Clerk's Office and publicly opened at the Nancy Hanson Recreation Complex on June 18, 2015. The lowest and best bid was submitted by Archangel Engineering & Construction Inc., of Rockledge, Florida, in the amount of $330,630; the second lowest bid in the amount of $334,883 was submitted by The Watauga Company of Titusville, Florida. City Engineering Consultant John Pekar, P.E., LLC, and LS Staff analyzed the bid submittals for concurrence with bid requirements. During the review, mathematical errors were identified in some of the bids which did not affect the overall ranking of the lowest bidder. Reference checks with the City of West Melbourne and private commercial accounts listed on the reference check section of the bid revealed positive responses concerning Archangel Engineering &Consulting, Inc. Staff is recommending that the City contract with Archangel Engineering and Construction, Inc., which provided the lowest bid in the amount of $330,630. A summary of the seven (7) sealed bids submitted for the Project are included as Attachment#1. A proposed Construction Agreement is included as Attachment#2. City Council Meeting Date: 07/21/2015 Item No. t Page 2 of 2 Submitting Director: Gustavo Vergara G V f p- Date: 07/06/2015 Attachments: #1 — Bid Summary #2 — Proposed Construction Agreement Financial Impact: $330,630 for construction of Banana River Park Phase 1 Project improvements to Archangel Engineering & Construction, Inc., to be funded by the Florida Inland Navigation District Grant ($62,167), Recreation Expansion Fund ($33,463), Wastewater Fund ($53,000), Stormwater Fund ($25,000),General Fund Fund ($70,000) and Contingency Fund ($87,000); Staff time to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9 ` The City Manager recommends that City Counci ke the following actions: Award Contract for construction of Banana River Park Phase 1 Project improvements to Archangel Engineering &Construction, Inc., in the amount of$330,630 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene Date: 7)ioI /S Attachment 1 City of Cape Canaveral Bid Tally Sheet-Banana River Park Phase I/Bid#2015-08 Firm Location Bid Amount Welsh Co. Melbourne, FL $357,337.00 Archangel Eng. & Const. Inc Rockledge, FL $330,630.00 D.J. Haycook Cons. Co New Smyrna Bch, FL $457,000.00 SDV Services, LLC Titusville, FL $276,015.00+$179,500.00 Wautauga, Co. Titusville, FL $334,883.00 W&T Construction Rockledge, FL $337,446.22 Canaveral Construction Co. Inc Mims, FL $398,683.48 Page 1 of 1 Attachment 2 CONSTRUCTION AGREEMENT This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY)and Archangel Engineering and Construction, Inc., a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK -CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of improvements to Banana River Park, as set forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by John A. Pekar, P.E., dated May 14, 2015; Bid #2015-08 Documents issued by the City; Contractor's Bid Submittal; General Conditions by the City; Supplemental Terms and Conditions by the City; and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; Contractor's Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions;or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY.When the material,article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within twenty-one (21) days after the issuance of a written Notice to Proceed and shall complete the Work as follows: • Banana River Park Phase I: Substantial completion — December 31, 2015; final completion — January 31,2016. Extensions, if any,are authorized by City,and may only be granted in writing. City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 1 of 9 Bid#2015-08, Banana River Park Phase I 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY fifty dollars ($50.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00)dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of three hundred and thirty thousand, six hundred and thirty dollars ($330,630). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven(7)calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement;or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 2 of 9 Bid #2015-08, Banana River Park Phase I explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY- In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job;or f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term"50%completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement.After 50%completion, the Contractor may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 3 of 9 Bid #2015-08, Banana River Park Phase I b. Work that does not comply with the Contract Documents; c. Outstanding claims of liens;or d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Gustavo Vergara or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING—CITY'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY'S Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 4 of 9 Bid#2015-08, Banana River Park Phase I b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 5 of 9 Bid #2015-08, Banana River Park Phase I employees in the execution, performance or non-performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 6 of 9 Bid#2015-08, Banana River Park Phase I c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time,excluding workers'compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, govemed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attomey's fees,whether at settlement, trial or on appeal. 28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid,to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents,during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 7 of 9 Bid#2015-08, Banana River Park Phase I cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof,which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING -CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 8 of 9 Bid#2015-08, Banana River Park Phase I or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address,of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral Archangel Engineering&Construction Inc. David Greene, City Manager Robert Chasin,Vice President,Construction 105 Polk Avenue 485 Gus Hipp Blvd Cape Canaveral, FL 32920 Rockledge, FL 32955 Phone: 321-868-1220 Phone: 321-403-8975 Fax: 321-868-1224 Fax: 321-704-8251 Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L.Greene, City Manager By: Angela Apperson, City Clerk Date City of Cape Canaveral/Archangel Engineering and Construction, Inc. Page 9 of 9 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 07/21/2015 Item No. 6 Subject: Approve Design Proposal in the amount of $80,000 to GLE Associates, Inc. (GLE) for Architectural and Engineering Services related to the Infrastructure Maintenance (IM) Building and authorize the City Manager to execute same. Department: Public Works Services Summary: The existing metal IM Building at the Wastewater Treatment Plant facility was constructed many years ago. As this building has aged, numerous major deficiencies have affected the operational efficiency and work environment (health and safety) for employees. The deficiencies include, but are not limited to, the following: • Outdated restroom/shower facilities. • Inadequate HVAC system throughout building. • Outdated electrical wiring/lighting. • Outdated plumbing throughout building. • Obsolete major electrical distribution panels. • Additional high bay equipment storage area needed. • Hurricane window/door hardening needed. • Deteriorating rusting metal skin/doors. • Men's/women's locker rooms needed. • Hot water tank/laundry washbasin replacement needed. • Meeting room needed. • Climate controlled storage room needed. Capital Funds were set aside in the approved FY 2014/2015 Budget for design and engineering of a replacement IM Building. After review of engineering firm qualifications for similar-type projects completed in other municipalities, Public Works Services Staff selected GLE, of Tampa, Florida to perform the project tasks. GLE is one of the engineering firms selected for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A Master Services Agreement for these services has been executed. The scope of work for this Design Proposal (Attachment #1) includes, but is not limited to, the performance of the following tasks: • Prepare design drawings/documents. • Bid document preparation and bidding/negotiation services. • Permitting. • Construction administration. The new IM Building will be built to include: (1) a meeting room for Staff, (2) new restroom facilities, (3) new locker rooms with shower facilities, (4) double-deep equipment high bay and (5) a new office area for IM Staff. The new IM Building also will include central air conditioning throughout. Photos of the existing IM Building (Attachment#2), a sketch of the proposed new IM Building layout (Attachment#3) and City Council Meeting Date: 07/21/2015 Item No. 6 Page 2 of 2 an aerial view of the new IM Building size and location (Attachment #4) are enclosed. The early estimated cost of actual construction is $667,000; $425,000 is included in the FY 2015/16 Budget for construction. After design features are firmed up, the balance of the construction cost will be included in the FY 2016/17 Budget. Anticipated milestone dates are as follows: • Design documents complete: December 2015; • City Council approval of selected contractor/award of Bid: February 2016; and • Construction completion: November 2016. Submitting Department Director: Joyce Muse Date: 07/02/15 Attachments: #1 - GLE Design Proposal #2 - IM Building As-Is Condition Photos #3 - New IM Building Layout Sketch #4 - Aerial View of New IM Building Size/Location Financial Impact: $80,000 to GLE Associates, Inc. (GLE) for Architectural and Engineering Services related to the Infrastructure Maintenance (IM) Building funded by the General Fund. Staff time and effort to prepare this item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/10/15 The City Manager recommends that City Counci take the following ac ions: Approve Design Proposal in the amount of $80,000 to GLE Associates, Inc. (GLE) for Architectural and Engineering Services related to the Infrastructure Maintenance (IM) Building and authorize the City Manager to execute same. Approved by City Manager: David L. Greene Date: 7/10/15 Attachment #1 GLE Design Proposal GLE ARCHITECTS | ENGINEERS I ENVIRONMENTALS CONSULTANTS June 15,2015 Mr.Lonnie Dunn,IM Superintendent City of Cape Canaveral P. O.Box 326 Cape Canaveral,FL 32920 RE: City of Cape Canaveral New Infrastructure Maintenance Building GLE Proposal No.: 15-47240P(Revised) Dear Mr. Dunn: GLE Associates, Inc. (GLE) is pleased to submit this proposal to City of Cape Canaveral, hereinafter referred to as the "Client," to provide professional architectural and engineering services associated with the New Infrastructure Maintenance Building. This proposal outlines our understanding of the project, and presents the proposed scope of services along with the costs GLE will require to perform the work. UNDERSTANDING The Client has requested a proposal for design services for the following: I. New Building of approximately 6,720 gross square feet to include: a. Maintenance Component 1) Masonry construction and cement plaster(stucco) 2) There might be some facade decorations to bring the local flavor of the Mediterranean style architecture 3) Metal bar joist roof structure single slope 4) Four(4)bays(One may be set up as an alternate) including overhead doors(no service pit) 5) Miscellaneous storage 6) Minimal compressed air drops 7) Ventilation b. Administration Component(Office Area) c. Meeting room GLE Associates,Inc. 5405 Cypress Center Drive I Suite 110 I Tampa,Florida 33609 1813-241.8350 I Fax 813.241.8737 I www.gleassociates.com Orlando I Ft.Lauderdale I Miami I Jacksonville I Gainesville I Atlanta I Nashville Architecture AA 0002369 • Engineer CA 5483 • Asbestos ZA 0000034 • Geology 0000297 Mr. Lonnie Dunn GLE Proposal No.: 15-47240P (Revised) June 15,2015; Page 2 d. Office e. Men's restroom and locker room/shower f. Women's restroom and locker room/shower g. Mechanical/Electrical Room h. Storage room i. Janitor room j. Outside access single toilet k. Outside access storage room ARCHITECTURAL, STRUCTURAL AND MEP SCOPE OF SERVICE TASK 202—BUILDING DATA COLLECTION I. Visit the site to collect building data for: a. Electrical engineering 2. Discuss project with client 3. Submit minutes of the meeting outlining discussed items TASK 203 —SCHEMATIC DESIGN PHASE Upon receipt of Client's approval for Phase 202 above, GLE will commence services consisting of developing Schematic Design phase as follows: 1. Discuss and coordinate with civil as to building location 2. Develop floor plan showing relationship and size of spaces 3. Provide Statement of Probable Construction Cost 4. Present to client by submitting drawings and holding a conference call. 5. Identify capacity of existing emergency generator to serve new building. TASK 204—DESIGN DEVELOPMENT PHASE Upon receipt of Client's approval for Phase 203 above, GLE will commence services consisting of continued development and expansion of architectural Schematic Design Documents to establish the final scope,relationships, forms, size and appearance of the Project through: 1. Preliminary plans,sections and elevations 2. Typical construction details 3. Final materials selection 4. Equipment layout, if any,to be provided by client(GLE will show on plans) 5. Structural design documenting proposed foundations Mr. Lonnie Dunn GLE Proposal No.: 15-47240P(Revised) June 15,2015; Page 3 6. Mechanical a. Design and duct layout b. Unit selection c. Details 7. Electrical a. Design and panel layout b. Criteria connecting entire building to emergency generator c. Details 8. Specifications a. Development of architectural, structural, mechanical, plumbing and electrical outline b. Coordination of similar activities of other disciplines 9. Provide updated Statement of Probable Construction Cost TASK 205—CONSTRUCTION DOCUMENT PHASE Upon receipt of Client's approved Design Development,GLE will commence services consisting of preparation of the following: 1. Drawings based on approved Design Development Documents set forth in detail the following disciplines: a. Architectural b. Structural c. Mechanical including energy calculation form for building permit d. Plumbing e. System layout compressed air, etc. f. Electrical g. Architectural construction requirements for the Project 2. Specifications a. Architectural b. Structural c. Mechanical d. Plumbing e. Electrical 3. Provide updated Statement of Probable Construction Cost TASK 206— BID PHASE AND PERMITTING PHASE 1. GLE will assist the Client during this phase by answering questions from contractors and provide addendum as necessary 2. One(1)pre-bid site visit will be provided by GLE Mr. Lonnie Dunn GLE Proposal No.: 15-47240P (Revised) June 15, 2015; Page 4 3. Review of bids will be provided by GLE 4. Assist the client in providing documents as necessary for the building permit and address any comments that the building department may have during plan review TASK 207—CONTRACT ADMINISTRATION PHASE Upon receipt of Client's approval of Bid Phase and start of construction, GLE will commence services consisting of: Submittal Services 1. Processing of submittals, including receipt, review of, and appropriate action on Shop Drawings, Product Data, Samples and other submittals required by the Contract Documents. 2. Distribution of submittals to Client, Contractor and/or Architect's Field representative as required. Site Visits 1. Construction observation services consisting of visits to the site to become generally familiar with the progress and quality of the work completed and to determine in general if the work when completed will be in accordance with Contract Documents; preparing related reports and communications. Site visits will be provided as follows: a. Five (5) visits by Architect (Three (3) during construction, one (1) for punch list preparation and one(1)for punch list review) b. One(1) visit for Structural c. Two (2) site visits each for Mechanical/Plumbing (One (1) during construction and one (1)to review punch list completion) d. Two (2) site visits for electrical (One (1) during construction and one (1) to review punch list) 2. Evaluation of Applications for Payment and certification thereof Project Closeout 1. Project Closeout services initiated upon notice from the Contractor(s) that the Work, or a designated portion thereof which is acceptable to the Client, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or utilization for the use for which it is intended,and consisting of: a. Issuance of Certificates of Substantial Completion b. Receipt and transmittal of warranties, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Client against liens Mr. Lonnie Dunn GLE Proposal No.: 15-47240P (Revised) June 15,2015;Page 5 c. Securing and receipt of consent of surety or sureties, if any, to the making of final payment(s) d. Issuance of Final Certificate(s)for Payment e. GLE to prepare as-built Architectural/Engineering Documents from contractor's marked up set of drawings COMPENSATION GLE will complete the above architectural basic services for a lump sum fee as follows: Architectural Design Fees For the services described herein GLE will be compensated a lump sum fee for each task as follows: Task 202 - Building Data Collection $ 2,200.00 Task 203 - Schematic Design Phase 4,000.00 Task 204 - Design Development Phase 7,500.00 Task 205 - Construction Document Phase 19,600.00 Task 206 -Bidding and Permitting Phase 4,400.00 Task 207 - Contract Administration Phase 9,800.00 Total fee $47,500.00 Additional Services It is not anticipated that a fire sprinkler system will be required; however, since at this time a code research has not been completed we have not included a fire sprinkler system for the building. If it is required, then please add $3,000.00 to the basic fee for design and construction documents. All reimbursable expenses will be invoiced at the rate of 1.1x the actual costs incurred. Please note that reimbursable expenses are not included in the fees described above and will be invoiced according to our Agreement. Please note the following assumptions and exclusions to the fees indicated above: • Structural engineering is based on normal spread footing foundation. If after the geotechnical investigation it is found that other types of foundation will be required,then GLE will provide a fee for the revised foundation design. • This proposal excludes front end documents, as built documents, advertisement, reproduction/distribution of bid documents, value engineering, energy monitoring, energy analysis, energy cost savings, or pay back analysis calculations. Mr. Lonnie Dunn GLE Proposal No.: 15-47240P(Revised) June 15,2015; Page 6 • Hazardous Materials Testing, services consisting of conducting testing to determine the presence of hazardous materials, including but not limited to, asbestos or lead based paint. • Consulting Services for Hazardous Material Abatement, services consisting of the preparation of specifications for the abatement of hazardous materials as identified from hazardous materials surveys or air monitoring required by abatement activities. PROPOSED SCHEDULE FINISH SUBMISSION RECEIVE TASK DESCRIPTION START DATE APPROVAL DATE TO CLIENT FROM CLIENT Contract 7/23/15 Negotiation Approval of contract (Day after 7/23/15 Council Meeting) TASK 202 DATA GATHERING AND 203 AND SCHEMATIC 7/23/2015 8/21/2015 8/21/2015 8/24/2015 DESIGN PHASE Site Visit Program Review Develop Schematic Drawings Submit To Owner Receive Owner Approval of SD Surveys Civil TASK 204 DESIGN DD PHASE DEVELOPMENT 8/27/2015 9/21/2015 9/21/2015 9/25/2015 PHASE Refer to scope description for This phase _ TASK 205 CONSTRUCTION 9/28/2015 12/17/2015 12/17/2015 CD DOCUMENT PHASE TASK 206 BID PHASE 12/22/2015 BID Advertise to Bid 12/22/2015 Mr. Lonnie Dunn GLE Proposal No.: 15-47240P(Revised) June 15,2015; Page 7 Note: Civil submittals may not coincide with these dates as they are depending on review by the governing agencies. CIVIL ENGINEERING SCOPE OF SERVICE GLE will provide Civil Engineering Services and additional supporting services for the new Infrastructure Maintenance (IM) building. Currently there are existing buildings within the approximate footprint of the proposed building location. These building are to be demolished. The scope of work for the project includes a Limited Topographical Survey, Civil Design and permitting services for Site Plan submittal to the City of Cape Canaveral, and an FDEP Stormwater Application. Geotechnical services presented in this section cover the required geotechnical data for stormwater management design, and also take cost savings advantage of single mobilization, and include the structural borings. The following scope is for the itemized tasks required for the design and permitting: Limited Topographical Survey A recent topographic survey must be performed and submitted as part of the design application. GLE will solicit and coordinate these services to be performed in order to use as the basis of design documentations and Construction Drawings. Topography will be limited to only the areas of proposed improvements. Geotechnical Engineering(Stormwater Pond Data Collection and Structural Borings) GLE will solicit and coordinate geotechnical engineering services to collect a boring to support the design of the stormwater management system. Seasonal High Water (SHW) elevations and percolation rates will be collected in order to support the proposed stormwater management system design. A report will be provided to be utilized in support of a stormwater application with the FDEP. Conceptual Master Plan GLE will evaluate the ultimate redevelopment goals of the City, balance these against the entitlement thresholds within the zoning and property entitlements, evaluate the circulation and other facility objectives, and provide the City with a Master Plan. Upon acceptance of the Master Plan,this will become the basis of which all of the Construction Plan submittals will adhere to. City of Cape Canveral Site Plan Preparation and Application GLE will design the site redevelopments improvements and prepare a Site Plan Application to the City of Cape Canaveral based on the Master Plan. Horizontal control will be based off of the Boundary and limited topographic survey data collected. GLE will submit the application and respond to Requests for Additional Information (up to 2 rounds). Mr. Lonnie Dunn GLE Proposal No.: 15-47240P(Revised) June 15,2015;Page 8 FDEP Stormwater Permit Modification Application GLE will prepare an application for a permit modification for the proposed improvements. GLE will submit the application and respond to Requests for Additional Information (up to two (2) rounds). Site Lighting Plan GLE will prepare a site lighting plan for the redevelopment improvements per the City of Cape Canaveral Site Lighting design requirements. Specifications GLE will prepare specifications for the proposed design documents to be utilized as part of the construction bidding phase. Construction Administration During construction activities, GLE will attend a pre-construction meeting, one site visit during construction activities and a final inspection, As-built Survey At the conclusion of construction activities, an as-built survey will be performed in order to be used as a basis for Record Drawing of the improvements. This will be conducted as a single effort at the conclusion of construction. OLE will coordinate these services to be performed in order to utilize this as the basis of design documentation and Construction Drawings. Record Drawings GLE will prepare final Record Drawings of the improvements performed on the site that were depicted in the approved Issued for Construction Plans. General Meetings GLE will attend various meetings as requested by the Client in order to facilitate the design and permitting efforts for the project. ASSUMPTIONS All of the above civil scope (fees presented in the Compensation Section) is based on the following assumptions: • The applicant (City of Cape Canaveral) will be responsible for all application fees. • Any title certifications necessary for applications will be provided by the City. • Any property legal documentation necessary to prepare the Survey will be provided by the City. Mr. Lonnie Dunn GLE Proposal No.: 15-47240P (Revised) June 15,2015; Page 9 • The City zoning thresholds for entitlements of the principal parcel(s) will not be exceeded with the addition of this building to the campus. • Proposed development will meet the City's concurrency thresholds and therefore will not require any concurrency studies or mitigation. • Proposed improvements are within code allowances and will not require any variance applications. • Proposed project improvements will not trigger any existing component of the facility to be brought up to current codes. • There are no easements within the project area. • Site Plan application will be through the City of Cape Canaveral only, and will not be required through Brevard County. • Trees to be removed will not require a tree assessment by an arborist. • Trees proposed to be removed will not require a mitigation/impact fee analysis. • The site is currently developed and no application component will require that an environmental assessment be performed. • Any jurisdictional limits within the perimeter of the facility do not exceed beyond the existing fencing along the southern portion of the project area and will not require delineation. • The improvements are not within any floodplain and thus do not require floodplain mitigation. • The stormwater impacts will be volumetric in nature and thus will not require any regional master stormwater modeling efforts. • The required stormwater management system will only be to handle the increased impacts due to the IM building, and will not trigger modeling of the entire facility. • The required area needed to handle the required stormwater management system is available in the immediate area by the proposed IM building. • All routing of new rooftop runoff can be handled with roof leaders that daylight at the perimeter of the new structures and do not require underground routing. • Discharge from the proposed stormwater system can follow the same type that was employed for the new building that was recently constructed just west of this proposed IM building. • Permitting of the proposed stomiwater management system will only require amending the existing DEP permit. • No existing utilities exist within the footprint of the new building that will conflict with the improvements,thus needing relocation. • Additional sanitary sewer flows can be handled by the existing City infrastructure and will not trigger any upsizing design or permitting of off-site improvements. Mr. Lonnie Dunn GLE Proposal No.: 15-47240P (Revised) June 15,2015; Page 10 • Potable water is available for use at adequate pressures and will not require an on-site booster pump, or trigger any upsizing design or permitting of off-site improvements. • Fire protection flows, if requested or required, can be provided from the existing city infrastructure and will not require an on-site booster pump, storage tank, or trigger any upsizing design or permitting of off-site improvements. • Adequate Fire flows are available and will not require a booster pump. • FDEP applications for potable and wastewater will not be required. • Landscaping services are not part of this proposal. Landscaping areas are to be provided, but the plant selection and design will be provided by others. COMPENSATION GLE will complete the above basic services for a lump sum fee as follows: Civil Design and Permitting Fees • Limited Topographical Survey $ 3,800.00 • Geotechnical Services (Storm and Structural) 3,550.00 • Conceptual Master Plan 3,500.00 • City of Cape Canaveral Site Plan 6,300.00 • FDEP Stormwatcr Permit Amendment 4,500.00 • Site Lighting Plan 1,500.00 • Specifications 950.00 • Construction Administration 1,500.00 • As-Built Survey 2,900.00 • Record Drawings 1,500.00 • General Meetings 2,500.00 $32,500.00 Total Project Lump Sum Fee: $80,000.00 AUTHORIZATION Should this proposal meet with your approval, please issue a Work Order in order for us to proceed. Mr. Lonnie Dunn GLE Proposal No.: 15-47240P(Revised) June 15,2015; Page 11 GLE appreciates the opportunity to submit this proposal. Should you have any questions concerning the proposal,please do not hesitate to call me. Sincerely, GLE Associates, Inc. Alberto Portela, Jr. Robert Fudge, PE AIA, NCARB, ACLS, LEED AP Manager of Civil Engineering Services Director of Architectural Services AP/RDF/dd F\Work\Proposals\201 5\47240P-City of Cape Canaveral.IM Bldg\Proposals 47240P-CCC-Naw-IM doc GLE ARCHITECTS l ENGINEERS l ENVIRONMENTALS CONSULTANTS PROPOSAL ACCEPTANCE SHEET Project City of Cape Canaveral-New Infrastructure Maintenance Building Cost See Proposal Proposal No./Date/PM 15-47240P-Rev/June 15,2015/AP PAYMENT OF SERVICES Charge Invoice to: Firm Address Zip Code Attention Title Telephone Email REPORT DISTRIBUTION/CORRESPONDENCE Two reports will be provided for the cost estimate above,additional reports we charged at$50.00 each.Reports will be seat to: Finn Address Zip Code Attention Title Telephone Email SPECIAL INSTRUCTIONS PROPERTY OWNER IDENTIFICATION Finn Address Zip Code Attention Title Telephone Email PROPOSAL ACCEPTANCE The Tarns and Conditions of this proposal,including the terms on this page and the reverse hereof are: Accepted this day of ,2015 Print or Type individual, firm or corporate body name Signature of authorized representative Print or type name or authorized representative and title GLE Associates,Inc. 5405 Cypress Center Drive I Suite 110 | Tampa,Florida 338081813-241-8350 I Fax 813-241-8737 | www.gleassociatee.com Orlando I Ft.Lauderdale | Miami I Jacksonville | Gainsville | Atlanta I Nashville Architecture AA 0002389 • Engineer CA 5483 • Asbestos ZA 0000034 • Geology 0000297 Services to be Provided. GLE Associates, Inc, an independent consultant, agrees to provide Client for its sole benefit and exclusive use consulting services set forth in our Proposal Definitions When used herein, the terms "we", "us", or "our" refer to Consultant and the terms "you", "your", "he', "his", "i1" and "its" refer to client Diehl or Entry and Right to Proceed. Client grants a right of entry from lime to time to consultant, its agents, staff, consultants, and contractors or subcontractors, For the purpose or performing and with the right to perfonn all acts, studies and research including without limitation the making of tests and evaluations, pursuant to the agreed services Client represents that he possesses all necessary permits and licenses required For the continuation of its activities at the site Billing and Payment. Unless otherwise indicated in our Proposal, our billings will be based on actual accrued time, test costs, and expenses. Client agrees to pay invoice upon receipt Should payment not be received within 30 days, the amount due shall bear a service charge of 1-1/2 percent per month or 18 percent per year, and the cost of collection including reasonable attorney's fees, if so collected by law through 511 attorney In lieu of the statutory post judgment rate provided by section 05 03, P7nridn Slat nles, as amended, the interest sate of 1-1/2 percent per month or 18 percent per year shall also apply post -judgment, as permitted by the aforementioned statute. If 1-1/2 percent per month exceeds the maximum allowed by law, the charge will automatically be reduced to the maximum legally allowed If Client has any objections to any invoice or part thereof submitted by Consultant, he shall so advise us in writing giving his reasons within 14 days of receipt of such invoice Client agrees it will not exercise any right of set-off it has under this Agreement. any continuing agreement with Consultant, or any right of set-off provided by law No deduction shall be made from Consultant's invoice on account of penalty, liquidated damages, or other sums withheld from payments to contractors or others Payment of the invoice shall constitute final approval as to all aspects of the work performed to date as well as the necessity thereof. If the project is terminated in whole or in part then we shall be paid for services performed prior to our receiving or issuing written notice of such termination, in addition to our reimbursable expenses and any strut down costs incurred. Shut down costs may, at our sole discretion, include completion of analysis and records necessary to document our files and protect our professional reputation. Pinnace at Site We will not be liable for any property damage or bodily injury arising from damage to or interference with structures including without limitation, pipes, tanks, telephone cables, etc., which are not called to our attention in writing and cmreclly shown on the plans furnished by client in connection with work performed under this Agreement. Client recognizes that the use of test equipment may unavoidably affect, alter, or damage buildings, stntclures and equipment in, at, or upon the site Client accepts the fact that this is inherent to our work and will not hold us liable or responsible for any such affect, alteration a damage Standard of Care and Warranty. Professional services provided by us will be performed, findings obtained, and recommendations prepared in accordance with generally accepted architecture and enginceting principles and practices, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED Public Liability. Consultant maintains workers' compensation and employers liability insurance for our employees as required by state laws In addition, we maintain comprehensive general liability and auto liability insurance A Certificate of insurance can be supplied evidencing such coverage.. We will not be liable or responsible for any loss, damage or liability beyond the amounts, limits, coverage, or conditions of such insurance specified above Indearrrity: Client and GLE agree to hold hamtless and indemnify the other, their respective agents, their respective employees, and their respective subcontractors from and against any and all losses, liabilities, and costs and expenses of every kind (including the cost of defense, investigation, settlement, and reasonable attorneys fees) to Me proportional extent such losses, liabilities and costs and expenses arise out of the negligent acts, errors or omissions or willful misconduct by either party respectfully or from any violation of any and all applicable statutes, ordinances, rules and regulations of any government or of any agency by either party respectfully Client shall, in the event of liability arising out of their joint negligence or willful misconduct, indernnify and save each other harmless in proportion to their relative degree of fault Limitation of Lability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND FOR ADDITIONAL CONSIDERATION OF 510, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE CLIENT AGREES THAT GLE'S LIABILITY, AND THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES. AGENTS AND SUBCONTRACTORS, TO CLIENT, ANY SECONDARY CLIENTS OR ANY THIRD PARTY DUE TO GLE'S BREACH OF CONTRACT OR NEGLIGENT PROFESSIONAL ACTS, ERRORS OR OMISSIONS WILL BE LIMITED TO AN AGGREGATE OF Standard Terms and Conditions 550,000 OR THE TOTAL FEES PAID BY CLIENT TO GLE UNDER THE PROPOSAL, WHICHEVER IS LESS. NEITHER PARTY SHALL BE RESPONSIBLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT OK INCIDENTAL DAMAGES (INCLUDING LOSS OF USE, INCOME, PROFITS, FINANCING OR REPUTATION) ARISING OUT OF OR RELATING TO THIS AGREEMENT. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Semolina and Testing Location. The fees included in our Proposal do not include costs associated with surveying of the site and/or facility to determine accurate horizontal and vertical locations of tests. if surveying is required cost of surveying will be paid by client Field tests or sample locations described in our report or shown on sketches are based on specific information furnished by others or estimates made in the field by our personnel Such dimensions or elevations are approximate Client Disclosure: Client agrees to advise GLE of any hazardous substances or any condition on or near the site that presents a potential danger to human health, the environment, or GLE's equipment. OLE does not assume control or responsibility for the site or the persons in charge of the site, or undertake responsibility for reporting to any federal, slate or local agencies any conditions at the site that may present a potential danger to public health, safety or the environment Client agrees to notify the appropriate federal, stale or local agencies as required by law, or otherwise make timely disclosure of any information that may be necessary to prevent damage to human health, safely or the environment Client acknowledges that GLE may be required to nuke such disclosures if Client fails to do so and agrees to hold GLE harmless from any such disclosure, Scheduling of Services: The services set forth in GLE's proposal will be accomplished in a timely and professional manner by OLE personnel If GLE is required to delay commencement of the services or if, upon embarking upon its services, GLE is required to stop or interrupt the progress of its services as a result of changes in the scope of work requested by the Client, to fulfill the requirements of Third parties, or for other causes beyond the direct reasonable control of GLE, additional charges will be applicable and payable by Client. Should completion of any portion of services he delayed for causes beyond the reasonable control of, or without the fault or negligence of, GLE, the time of performance shall be extended for a period equal to the delay Sample and Waste Dianeal; Samples are generally consumed and altered during testing and are disposed of immediately upon completion of tests If Client wishes GLE to retain any test samples, then, al Client's written request, OLE will use its best efforts to retain preservable samples or the residue therefrom but only for a mutually acceptable time and for en additional charge. GLE reserves the right to refuse storage of any samples. Client agrees that GLE is not responsible or liable for loss of samples retained in storage. If Client requests GLE to containerize drilling waster and/or fluids produced by GLE's activity ('waste"), Client will provide a secure storage location at or rear the project site to prevent tampering with the waste. Non- hazardous waste will be disposed of by GLE for an additional charge at an appropriately licensed facility. In the event that samples or waste contain asbestos, toxic or hazardous substances or constituents, ("contanninenls"), GLE will either: 1) return the samples or waste to Client for proper disposal or 2) using a manifest signed by Client as generator for an additional fee, have the samples or waste transported to a location selected by Client for final disposal Client agrees to pay all costs associated with the storage, transporting and disposal of samples of waste. Client recognizes and agrees that GLE is acting as a bailee and al no time assumes title, constructive or expressed, to such samples or waste Unforeseen Oceurreaces. 1t', during the performance of services, any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered which, in our sole judgement significantly affect or may affect the services, the risk involved in providing the services, or the recommended scope of services, we will promptly notify Client thereof. Subsequent to that notification, Consultant may: If practicable, in our sole judgement, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with Client to modify the Scope of Services and I he estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or (c) Terminate etre services effective on the date specified by us in writing. Documents. Client will furnish or cause to be famished sock reports, data, studies, plans, specifications, documents and other information deemed necessary by us for proper performance of our services We may rely upon Client -provided documents in performing the services required under this Agreement; however, we assume no responsibility or liability for firer accuracy. Client -provided documents will remain property of Client. All documents, including but not limited to, drawings, specifications, reports, field notes, laboratory test data, calculations and estimates prepared by us as instruments of service pursuant to the Agreement, shall be our sole property Client agrees that all documents of any nature furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by client for any purpose whatsoever. Client further agrees that under no circumstances shall any documents produced by us pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without our prior written permission If Client uses all or any portion of our work on another project without our penniuion, Client shall to the maximum extent permitted by law save us harmless from any and all claims arising front such unauthorized reuse Further, no part of any document we deliver to Client shall be reproduced or distributed, whether for advertising or any other purpose, without our prior written consent. Any such reproduction or distribution shall be at Client's sole risk and without liability or legal exposure to consultant Field Representative The presence of our field personnel either full - or part-time will be for the purpose of providing observation and field resting of specific aspects of the project Should a contractor be involved in the project, our work does not include supervision or direction of the actual work of the contractor, his employees or agents. The contractor should be so advised. The contractor should also be informed that neither the presence of our field representative nor the observation and testing by us shall excuse contractor in any way for defects discovered in contractors work 11 is agreed that we will not be responsible forjob or site safety on the project and that we do not have the right to stop the work of the contractor Severability. In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon the parties hereto. Priority Over Form Agreements/Purchase Orders: The Client agrees That the provisions of this agreement shall control and govern over any orders, purchase orders or work orders or other form writings issued or signed by the parties ("orders"), and such forms shall have no force or effect but may be issued by Client to GLE, without altering the terms hereof, solely for the purpose of convenience in ordering services. Termination; This agreement may be terminated by either party with or without cause upon giving (7) days prior written notice to the other party. This agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to the completion of the proposed services, Client shall take possession of the premises and the materials and equipment paid for and belonging to Client, and GLE shall be paid for all services performed to Ire date of termination and for all reasonable costs incurred in project closeout. Consideration: The parties agree the charges for GLE's services are sufficiently adjusted downward to include any specific consideration payable to Client for any indemnities or any other clause requiring specific consideration as required under these Terms and Conditions Attorney Authority: If GLE is being retained by Client's counsel, such counsel represents that he/she has the authority to bind, and hereby expressly binds Client to these Terms and Conditions $urvlval. All obligations arising prior to the termination of the Agreement and all provisions of this Agreement allocating responsibility or liability between Client and Contractor shall survive the completion of the services and the termination of this Agreement. Integration This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties Governing Law. This Agreement and any amendments to it shall be governed in all respects by the laws of the Slate of Florida. The parties hereby agree that the venue for any lawsuit filed by any person pursuant to this Agreement shall only be in Hillsborough County, Florida. Each party hereby irrevocably submits itself to the original jurisdiction of the state and federal courts sitting he or heaving jurisdiction over Hillsborough County, Florida with regard to any controversy in any way relating to the execution, delivery or performance of this Agreement "The parties each had an opportunity to review and negotiate this agreement and this agreement shall not be construed more strictly against one party as drafter." F:\W ORK\FORMS\Standard Terms & Conditions doc Attachment #2 IM Building As-Is Condition Photos IM Building As-Is [picture] IM Building front view. 1 IM Building As-Is [picture] IM Office 2 IM Building As-Is [picture] Employee Meeting / Locker Room. Note A/C unit in wall. IM Building As-Is [picture] Employee Meeting Room Note stairs/ladder to non-air conditioned loft storage area. 4 IM Building As-Is [picture] Loft Storage Area 5 IM Building As-Is [picture] Both men's and women's restrooms are in High Bat area and are not air conditioned. 1 IM Building As-Is [picture] Women's restoroom 7 IM Building As-Is [picture] Men's restroom 8 IM Building As-Is [picture] Outdated circuit breaker panel and phone connection block. 9 IM Building As-Is [picture] Outdated (no longer available) T-12 lighting fixtures in High Bay. 10 IM Building As-Is [picture] Rusted out metal doors, lower outside metal skin and lower metal skin supports. 11 Attachment #3 New IM Building Layout Sketch [construction sketch] Attachment #4 Aerial View of New IM Building Size and Location New IM Building Size and Location [picture] New proposed IM Building is 6,720 sq ft. Approximately double the foot print than existing IM Building at same location. 1 | Page [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/21/2015 Item No. 7 Subject: Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of Ordinances relating to Recreational Fires; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Administrative Services Summary: Ordinance No. 07-2014, amending Chapter 54, Parks and Recreation was adopted June 17, 2014. The Ordinance moved the language related to fires from Section 54-3 to Section 54-16; however, a conforming amendment was not made to Section 50-4(d)(4) to refer to Section 54-16 instead of 54-3. Ordinance No. 06-2015, attached, makes the conforming amendment. Additionally, Staff desires to further clarify the prohibition of open fires within the City and that fires for the purpose of cooking are allowed at City Parks in designated areas and on the Atlantic Ocean Beach provided they are confined within a self-contained UL-listed container; all materials are removed from the beach and the previously heated materials are not discarded into trash receptacles or upon the beach. No permit is required for a cooking fire; however individuals planning a cooking fire are encouraged to notify Canaveral Fire Rescue of the location/time of the cooking fire. Staff from Canaveral Fire Rescue, Leisure Services and Community Development have reviewed the proposed Ordinance and recommend approval. The first reading of the Ordinance occurred on June 16, 2015. The legal advertisement was published on June 19, 2015. The Ordinance is presented for second and final reading. Submitting Department Director: Angela Apperson Date: 7/8/2015 Attachment: Ordinance No. 06-2015. Financial Impact: Cost to prepare, advertise and codify the Ordinance, as well as preparation of the Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/10/15 The City Manager recommends that City Council take the following action: Approve Ordinance 06-2015 on second reading. Approved by City Manager: David L. Greene Date: 7/10/15 ORDINANCE NO. 06-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; AMENDING CHAPTERS 50 AND 54 OF THE CITY CODE OF ORDINANCES RELATING TO RECREATIONAL FIRES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral desires to adopt rules and regulations to provide for the safe enjoyment of the City's parks and recreational facilities; and WHEREAS, it is the intent of this Ordinance to clarify City Code provisions prohibiting open fires within the City and permitting self-contained recreational campfires or cooking fires subject to the requirements set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendments to Chapters 50 and 54. Chapter 50, Offenses and Miscellaneous Provisions, and Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeeet type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapters 50 and 54. It is intended that the text in Chapters 50 and 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): * * * City of Cape Canaveral Ordinance No.06-2015 Page 1 of 4 Chapter 54—PARKS AND RECREATION Section 50-4. Sleeping and campling in public areas and beaches. * * * (d) Prohibitions. The following prohibitions shall apply within the corporate limits of the city: * * * (4) It shall be unlawful for any person to sleep or camp upon any private beach or undeveloped lot without the permission of the owner or person entitled to possession of such private beach or lot. Notwithstanding, no undeveloped parcel of land shall be inhabited or occupied for purposes of sleeping, eating, and habitation during the hours of 9:00 p.m. to 7:00 a.m. of the following day, unless such property is legally improved with a safe, standard structure meeting all minimum ordinance requirements. Further, this subsection shall not be construed as authorizing open fires which are expressly prohibited by section 54-16 51 3 of the City Code. * * * (6) The burning of the following materials or objects are prohibited within the City: tires, rubber material, asphalt, roofing material, tar, railroad crossties, and other lumber that has been treated with creosote, plastics, garbage and trash. Section 50-5. Recreational fires, generally. Recreational campfires and cooking fires are permitted within the City provided that they are confined within a self-contained UL-listed container, comply with all City Code and Florida Fire Prevention Code requirements, and do not produce excessive smoke emissions. Recreational fires within city parks, including but not limited to city beaches, are additionally subject to section 54-16 of the City Code. * * * Section 54-16. Recreational Fires in City Parks. a. Fires Prohibited in City Parks, Except in Designated Areas. Except as authorized in section 54- 16(b), lit is unlawful to ignite, set or maintain any fire in a city park unless such fire is within an area designated by the city for fires by signage and postings displayed at the city park. Included in this prohibition are recreational campfires and cooking fires activities such as the use of portable cooking equipment of whatever type or nature. Any fire authorized by this section in a designated area of a city park shall be continuously under the care and direction of a competent person from the time it is ignited until it is extinguished. City of Cape Canaveral Ordinance No.06-2015 Page 2 of 4 b. Cooking Fires Permitted Upon City Beaches Located on the Atlantic Ocean. Open, uncontained fires, of any kind, are prohibited in all city parks, including but not limited to city beaches. Cooking fires are permitted on city beaches provided that they are confined within a self- contained UL-listed container. Disposal of coals, briquettes, embers, or other heated or previously heated materials into trash receptacles or upon beach grounds is strictly prohibited. Prior to departing the immediate vicinity of the cooking fire, the fire must be completely extinguished. All materials associated with cooking fires at the beach shall be promptly removed and the beach shall be returned to its condition prior to the use of such cooking fire. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Signature Page Follows) City of Cape Canaveral Ordinance No. 06-2015 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of July , 2015. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, Bob Hoog City Clerk, MMC Buzz Petsos Rocky Randels Betty Walsh First Reading: June 16, 2015 Legal Ad Published: June 19, 2015 Second Reading: July 21, 2015 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No.06-2015 Page 4 of 4 [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/21/2015 Item No. 8 Subject: Ordinance No. 07-2015; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community Development Summary: At its July 17, 2012 meeting, the City Council adopted Ordinance No. 11- 2012 approving the A1A Economic Opportunity Overlay District (EOOD). The EOOD provides guidelines and standards for development projects within its boundaries. The origin of the EOOD lies in the 2009 Community Visioning process. The objective of the EOOD was to address community goals raised in the Visioning process. In particular, to create a sense of identity for the City's gateway, leverage opportunities for economic development related to Port Canaveral, attract services desired by the citizens and allow for additional uses such as a mixed-use, town center type development. To that end, the EOOD was established and includes design standards, a mechanism for increased building heights, revised hotel requirements, increased landscaping requirements and facilitates mixed-use development. These new standards created an "overlay" which enhanced the underlying zoning regulations. The EOOD currently runs along the A1A corridor from the Port in the north to the Canaveral River (also referred to as the Central Canal/Ditch) area to the south (see Attachment #1). The City's location, relative to the Port and Cocoa Beach, will result in continued development pressure. Recent development activity includes the construction of a Dollar General store at 6395 North Atlantic Avenue and a Homewood Suites Hotel at 9000 Astronaut Boulevard. The hotel project was reviewed under the current EOOD guidelines. According to the developer, this significant project would not have been feasible if not for the standards contained within the EOOD. The proposed ordinance expands the current boundaries of the EOOD to include the majority of the properties within the Community Redevelopment Area and the Brownfield districts (see Attachment #1). Both of these districts were established to support redevelopment and were demarcated by defined criteria consistent with Florida Statute. Another criteria used to delineate the expansion area was to include properties currently zoned commercial or industrial. The northern expansion area includes properties northeast of the current EOOD near the Port facilities, properties within the North Atlantic Avenue corridor (primarily on the west side) and the property that is the site of the proposed Casa Canaveral Assisted Living Facility. City Council Meeting Date: 07/21/2014 Item No. Page 2 of 3 The southern expansion area includes properties from the current EOOD boundary to Grant Avenue. This includes several properties that are adjacent to the Banana River. In addition to the geographic expansion of the EOOD, the proposed ordinance also includes several policy revisions (see Attachment#2), including: 1. Added "Waterfront Restaurant" as a permitted use in the C-1 and C-2 zoning districts and a special exception in the M-1 district. 2. To facilitate pedestrian and vehicular connectivity between parcels, cross access will be encouraged (Sec. 110-629). 3. Clarifies the allowance for up to one row of parking between the front of a building and the adjoining street (Sec. 110-669). 4. Requires off-street parking be buffered from a residentially zoned property. It is currently only required when the parking is adjacent to a residential building (Sec. 110-689). 5. Buildings exceeding 45 feet will require a minimum 14 foot stepback for each four stories or heights above 45 feet (Sec. 110-624). 6. In the event where a parcel contains both a commercial and residential zoning district, the residential portion may be developed as an accessory use to the principal commercial development (Sec. 110-611). 7. Through the establishment of building zones, articulated building frontages and a diversified corridor viewshed can be created (Sec. 110-625). As the City continues to experience growth pressure within the corridor, it is critical that uniform rules be established that result in a seamless development pattern along the entire length of A1A. This consistency is a critical ingredient of creating a sense of identity called for in the Visioning initiative. At the Planning and Zoning Board Meeting of July 1, 2015, the Board recommended approval of the Proposed Ordinance by a vote of 5-1. A Display Advertisement prior to this Public Hearing/First Reading was published in the Florida Today newspaper July 9, 2015. SubmittingDirector: David Dickey Date: 7-8-15 Attachments: #1 — EOOD Boundary Map (Current/Proposed) #2 — Ordinance No. 07-2015 Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/8/15 City Council Meeting Date: 07/21/2014 Item No. Page 3 of 3 The City Manager recommends that City Council take the following action: Approve Ordinance No. 07-2015, first reading. Approved by City Manager: David L. Greene Date: 7/10/15 ECONOMIC OPPORTUNITY OVERLAY DISTRICT (EOOD) [map] Attachment 1 Attachment 2 ORDINANCE NO. 07-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES,TO REVISE ARTICLE X, AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2009, the City conducted a community-based, citizen-driven Visioning process to develop a vision and strategy for future development and redevelopment of underutilized areas located in the City; and WHEREAS, some of the recommendations developed as a result of the Visioning process included revising the City's zoning code to allow for mixed-use development and a town center, as well as taking a proactive approach to economic development; and WHEREAS, in 2012, the City adopted the AlA Economic Opportunity Overlay District ('`FOOD")to promote hospitality-related commercial development capitalizing on Port Canaveral; to provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance; to enhance the A 1 A corridor's identity; and to promote a pedestrian-friendly environment; and WHEREAS, it is critical that uniform rules be established that result in a seamless development pattern along the entire length of A l A to create a sense of identity as called for in the Visioning initiative; and WHEREAS, the City's Planning & Zoning Board/Local Planning Agency reviewed the proposed revisions during a public hearing on July 01, 2015 and recommended approval of same to the City Council; and WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: City of Cape Canaveral Ordinance No. 07-2015 Page 1 of 19 Section 1. Recitals.The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of Cape Canaveral. Section 2. Conforming Amendments to Chapter 110,Zoning.Chapter 110,Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE X. DIVISION 1 - GENERALLY Sec. 110-585. - Introduction. (1) The A1A Economic Opportunity Overlay District("EOOD"or"District")provides guidelines and standards for public and private development projects in commercially zoned areas along A1A. Consistent with the intent of the 2009 Community Visioning and the 2012 Community Redevelopment Plan, the District is developed to promote hospitality related commercial development that capitalizes on the economic benefits of Port Canaveral; provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance, enhance the corridor's identity and promote the pedestrian environment of the District. (2) All projects within the boundaries of the District shall comply with the following Design Guidelines and Development Standards. These requirements have the overall goal of encouraging compact,pedestrian-oriented developments and attractive public outdoor spaces. The District is designed to create a unique identity for the A 1 A Corridor with a distinct sense of place while attracting new businesses and customers, and providing for the comfort, convenience, and safety of workers, residents and shoppers. (3) The District Design Guidelines and Development Standards ("Standards") set forth in this Article shall be in addition to and not in substitution of the underlying zoning district regulations and other regulations contained in this Code which shall also remain applicable to the District. The District\ Standards of this Article will govern development and redevelopment within the District and will control where conflicts between regulations occur. City of Cape Canaveral Ordinance No. 07-2015 Page 2 of 19 Sec. 110-586. - Boundary and organization. The boundaries of the District are shown on Figure 1 and Figure 1a.The District primarily consists of properties zoned for commercial, office, and industrial uses which abut or are in close proximity to A1A generally extending from the city limits on the north to E. Grant Avenue on the south. Whereas the boundaries of the District are identified on the Figures below, the zoning boundaries and/or specific zoning districts represented in Figure 1 a and subsequent Figures are for reference purposes only; the official City Zoning Map is maintained within the Community Development Department. ECONOMIC OPPORTUNITY OVERLAY DISTRICT [map] Figure 1. Economic Opportunity Overlay District Boundary Map City of Cape Canaveral Ordinance No.07-2015 Page 3of19 City of Cape Canaveral Zoning Map [map] Figure 1a. Economic Opportunity Overlay District Boundary Map (Zoning) (Note–Figure la is a graphic representation of the EOOD District boundary; the official zoning map is maintained in the Community Development Department). City of Cape Canaveral Ordinance No.07-2015 Page 4 of 19 Sec. 110-587. - Applicability. (1) The District is a commercial corridor of approximately one and three-quarter miles, generally centered on both A1A (Astronaut Boulevard) and N. Atlantic Avenue and recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant Avenue on the south (2) The area of the district along A1A is intended to serve as the main gateway into the City of Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the main street to the City of Cape Canaveral's Town Center and as a transition between the land use, circulation, and streetscape along A1A and the Town Center. This District is intended to have the most intensive commercial and residential uses within the City. The EOOD is meant to provide a lively and attractive interface between the proposed Town Center and the adjacent residential communities, while maintaining a primarily commercial street frontage along A1A,N. Atlantic Avenue and Central Boulevard. (3) The streets will have a retail/commercial service atmosphere with small or large neighborhood stores at street level and apartments or offices on upper stories. The retail composition of the district shall include, but not be limited to, retail stores, personal services, hotels, cultural facilities, hospitals, clinics, pharmacies, convenience stores with gas, high tech manufacturing, entertainment, and eating establishments including rooftop restaurants that serve the EOOD as well as stores, eating establishments, and business services (printing, accounting, etc.) that serve the other businesses and office users in the area. Residential uses shall be permitted within the District; however, shall be limited to upper stories along A1A, N. Atlantic Avenue and Central Boulevard within the District. (4) The main street component of the District is intended to provide a mixed-use, pedestrian- oriented focus for the proposed Town Center, with land uses serving Town Center residents and visitors. This sub-district provides the City of Cape Canaveral with a small-town style walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall occupy as much of the ground floor frontages along Central Boulevard as the market will bear. Upper stories shall be office or residential along these two main streets. This district also shall provide the potential for continuum-of-care developments including opportunities for aging in place and include such uses as independent, assisted living and skilled care facilities. Sec. 110-591. Design principles. The Al A Economic Opportunity Overlay District (EOOD)is based upon a set of design principles. These principles are: City of Cape Canaveral Ordinance No. 07-2015 Page 5 of 19 (1) Consistency: The A1A Commercial corridor features a mixture of development types including community serving retail uses, office buildings, hotels and convention facilities, strip-commercial centers, neighborhood-serving retail, entertainment uses, attractions, and restaurants. Design of these structures has been influenced by use, age, and site dimensions. Within the context of these constraints, developments can achieve the principle of consistency through selection of colors, exterior surface materials, scale, rhythm, proportions, landscaping and sign programs. (2) Activity: Active street life, which can be enhanced by design considerations, is a major component of thriving pedestrian commercial districts. There are many opportunities to insert options for increased street-level pedestrian activity along A1A. Through building orientation, circulation, storefront design and landscaping,development can further promote the principle of safe pedestrian activity. (3) Pedestrian Orientation: Pedestrian orientation can be achieved through storefront ornamentation, reduction of blank surfaces, building articulation, proportion, rhythm, color, and texture. Standards based upon this principle address wall surfaces, windows, awnings, signage, and architectural treatments. (4) Safety: Public safety is critical to the success of a commercial district. Public safety in this case refers not only to safety from criminal activity,but also creating an environment in which pedestrian and automobile traffic can safely coexist. The design and development of commercial centers and the public open space adjacent to them shall include considerations of public safety. Public safety issues can be addressed through site planning considerations such as the location of parking lots, lighting, signage and landscaping. (5) Simplicity: Design Guidelines and Standards for the District shall provide for public convenience by clearly identifying the nature of the business and communicating points of ingress and egress for pedestrian and automobile traffic. These issues can be addressed through architectural treatments as well as through site planning considerations such as the location of parking lots, lighting, signage and landscaping. Sec. 110-592.—Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in section 110-1 of this Code. Building Articulation: Architectural features, which serve to add interest to a building, or highlight a site feature. Building articulation can be achieved through undulation of the building facade, changes in building height, highlighting an entrance, etc. Building Attachment: Any feature secured to the façade of the building, such as awnings, loggias, arcades, etc. Building Facade: The portion of the building wall that is visible to the public. This includes all four sides of the building. City of Cape Canaveral Ordinance No. 07-2015 Page 6 of 19 Building Form: The horizontal and vertical organization of building features, as well as the overall shape and site orientation of buildings. Building Opening: Penetrations to the building facade including windows and doors. Building Setback: A line parallel to the property line delineating a zone which cannot be used for buildings. Building Zone: A zone within a property along a street frontage which defines the limits of where the building facade must be located. This zone is generally parallel to the Right of Way and is defined by a minimum and maximum distance from the Right of Way. Massing: The organization of buildings and other structures relative to other District features such as parking areas, streets, and public spaces. Mixed-use development: A type of development which may include one building, set of buildings, or defined project area for more than one purpose and may include any combination of uses, but not limited to residential, retail shops, eating establishments including rooftop restaurants, professional offices, industrial, and civic uses in either a horizontal or vertical setting. Pedestrian Refuge: Pedestrian refuges are areas protected from vehicles or bicycles by curbing, bollards, or other features at the midpoint of the crosswalk. Public Space: Any space that is intended for use by the general public. Public spaces may be privately or publicly owned and maintained. Examples of public spaces can include squares, plazas, greens, courtyards, storefront gathering areas, etc. Service Area: An area of a building site not intended for public access, which is dedicated to business or maintenance functions. Service areas may include dumpster enclosures, loading docks, services, etc. Stepback: A stepback is a setback located on the upper stories floors of a building, typically to reduce the bulk of a building or to provide outdoor floor space. Street wall: The wall of facades created in a pedestrian oriented district when stores are built to the front yard and side yard setback. Street walls can sometimes be used in place of building facades, and shall be designed to imitate the architecture of the building. Sec. 110-605. - General. The Director of Community Development or designee, shall have the authority to render interpretations of this code, to adopted policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent or purpose of this Code. City of Cape Canaveral Ordinance No. 07-2015 Page 7 of 19 Sec. 110-606. - Procedures for design compatibility approvals. No building permit will be issued for any project, and no person will perform any construction work on a project,until the documents required by section 22-44 of this Code have been submitted to the Community Development Department and approved according to the procedures in Article III of Chapter 22 of this Code. Sec. 110-607.- Plan submittals. A design compatibility approval shall also include the site plan criteria set forth in section 110- 222 of this Code. Sec. 110-608.- Nonconforming uses, structures and buildings. Those legally existing uses, structures and buildings that do not comply with the provisions of this article at the time of its adoption shall be deemed nonconforming and shall be governed by article V of chapter 110 of this Code. Sec. 110-609.-Use matrix. The District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center. The following land use matrix (Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1 -Land Use Matrix *Uses (not a complete listing) C-1 C-2 M-1 Retail P P 1P Personal Services P P 1SE Hotels and Motels P 1P 1SE Banks P P 1SE Waterfront Restaurant P P SE Assisted Living Facility SE 1SE NA 2Pharmacies P P NA 2Flex space (office, showroom,warehouse) SE SE P 2Convenience store w/gas SE SE P 2High tech/light manufacturing SE P P 2Warehousing NA SE P 2Off-site cruise ship parking accessory to hotels and SE SE SE motels 3Commercial Parking Facility(minimum lot size of 5 NA NA SE acres) City of Cape Canaveral Ordinance No.07-2015 Page 8 of 19 'Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA) Development Agreement (DA)] 'Attraction and Destination uses PD PD PD 'Mixed Use Development uses (i.e. Town Center) PD PD PD 'Added use. 2 Use included to clarify intent of code. *Uses not specifically listed may be approved as a Planned Development (PD). Sec. 110-611.—Property containing both commercial and residential zoning district designations. In the event that a parcel of real property located within the District contains both a commercial and residential zoning district designation, the residential portion of the parcel may be developed in accordance with either the applicable underlying zoning regulations or as an accessory use to the principal commercial development on the commercial portion of the parcel. Sec. 110-612-110-620. Reserved. DIVISION 3. - SITE PLANNING Sec. 110-621. - Intent. (1) Site planning involves the proper placement and orientation of structures, structure height, development acreage, open spaces, parking and pedestrian and vehicular circulation on a given site. The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a project will be an asset to the community. (2) Proper site planning shall promote harmony between new and existing buildings and shall be sensitive to the scale, form, height, and proportion of surrounding development. Good design with complementary landscaping is a major component in creating vibrant commercial areas that foster a pleasant and desirable character, pedestrian activity, and economic vitality. Factors such as the size and massing of buildings,the orientation of storefronts,and circulation greatly influence the quality of the pedestrian experience. (3) Within the District, site planning and design of new buildings and the rehabilitation of existing buildings shall promote continuity of the historic context of buildings (as shown in historic documentation) in relationship to the existing pattern and scale of streets, sidewalks and parking. The guidelines and standards below reinforce the existing historic development patterns (as shown in historic documentation) and provide a site planning framework for both infill developments and rehabilitation and revitalization of existing buildings. City of Cape Canaveral Ordinance No. 07-2015 Page 9 of 19 Sec. 110-622. - LEED or LEED equivalent design. (1) Intent: LEED (Leadership in Energy and Environmental Design) is a national consensus- based, market-driven building rating system developed by the U.S. Green Building Council to encourage the development and implementation of green building practices. This rating system is incorporated in the categories of site, water, energy, materials, and air quality. The city desires to encourage, where practical, the use of LEED or a LEED equivalent rating system in the design of projects within the District . * * * Sec. 110-623. - Building orientation. (1) Buildings shall be oriented towards A1A, N. Atlantic Avenue and Central Boulevard as well as adjacent cross-streets in order to encourage pedestrian activity along the sidewalks of A l AS N. Atlantic Avenue and Central Boulevard and to facilitate pedestrian access to and from the sidewalk to adjacent properties. a. Projects with rear lot lines abutting a street, alley, or parking lot shall incorporate pedestrian entrances at the rear lot line in addition to those on A1A, N. Atlantic Avenue and Central Boulevard. Sec. 110-624. - Building height. (1) Building height shall be correlated to the scale of the street along which it faces and shall encourage a comfortable pedestrian-oriented environment. a. The standard building height for projects shall be up to four stories or 45 feet. b. Increased building heights above four stories or 45 feet may be considered up to six stories or 65 feet, if height mitigation measures such as a building stepback (as illustrated in Figure 2 and Figure 2a) or setback are proposed and approved by the community appearance board. Buildings exceeding 45 feet shall provide a stepback of at least 14 feet along all sides facing a public roadway. c. Increased building heights above 65 feet may be considered pursuant to a Planned Development(PD)approved by the city council on a case-by-case basis. Building heights above 65 feet shall provide additional stepbacks of at least 14 feet each,at each four story interval or fraction thereof, along all sides facing a public roadway. d. Any single-story structure in which the floor to ceiling height exceeds 15 feet or the exterior facade height exceeds 25 feet, shall be designed to appear like a multistory City of Cape Canaveral Ordinance No. 07-2015 Page 10 of 19 structure. Exceptions to this requirement may be reviewed and considered for approval by the community appearance board based pursuant to requirements of this article. [map] Figure 2. Building Height [diagram] Figure 2a.Building Height-Stepback Sec. 110-625. - Building setbacks and Building Zones. (1) Building setbacks. Buildings shall be setback from the right-of-way a sufficient distance to encourage pedestrian activity. a. Building setback along A1A shall be a minimum of 15 feet. b. Building setback along all other public streets shall be a minimum of ten feet. c. Except as noted above for stepbacks,building setbacks for the side and rear lot lines shall be a minimum of ten feet. City of Cape Canaveral Ordinance No. 07-2015 Page 11 of 19 d. Where adopted Fire Codes exceed these standards, the greater setback distances shall apply. (2) Building Zones Building Zones as defined in Sec. 110-592 defines the limits of where the building façade must be located in relation to the right of way line and/or property line. a. The Primary Building Zone(Zone 1) is the area of the building extending from the facade to a depth of ten feet (see Figure 3 and Figure 3a 624-4). b. The Secondary Building Zone (Zone 2) is the area of the building extending from the rear of the Primary Building Zone to a depth of ten feet(see Figure 3 and also Figure 3a). [diagram] Figure 3. Building Zone Diagram City of Cape Canaveral Ordinance No.07-2015 Page 12 of 19 [three-dimensional model] Figure 3a. Building Height-Stepback Sec. 110-626.—Building Frontage Building Frontage is the percentage of the width of a lot that is required to be occupied by the building's façade within both the Primary and Secondary Building Zone. a. The maximum building frontage shall not exceed 90 percent of the lot width subject to provision of access as provided in sub-section (b)below and be provided as follows: i. Within the Primary Building Zone (Zone 1), the building facade shall occupy a minimum of 50 percent and a maximum of 75 percent of the lot width. ii. The remaining building facade width shall be located within the Secondary Building Zone(Zone 2). b. A minimum 24 foot access from the primary street shall be required which provides access to parking areas, service areas and or adjacent properties. Where access to the subject property is not provided from the primary street this distance may be reduced to 10 feet and include a public space such as a plaza, pedestrian connection, sidewalk, arcade or similar feature. This area shall not include a wall or other similar feature which creates the appearance of a continuous wall section. c. The location of the primary facade's principal plane shall not be changed by facade extensions such as bay windows, awnings, porches, balconies, stoops, colonnades, or arcades, or by upper stories that are closer to or further from the street. d. The width of a porte-cochere may be counted as part of the primary facade. City of Cape Canaveral Ordinance No.07-2015 Page 13 of 19 e. Modifications from these standards may be considered pursuant to a Planned Development (PD) approved by the city council on a case-by-case basis. Sec. 110-627. - Project size. (1) All uses within a project shall be sized to provide sufficient building setback and to encourage a pedestrian-oriented environment. a. All uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of the underlying zoning district. b. There shall be no minimum lot size for hotel development within the District. However, there shall be a minimum of 150 units that must be constructed at the same time. c. Building setback, lot coverage and developments that are inconsistent with these requirements may be approved pursuant to a planned development (PD) approved by the city council on a case-by-case basis. Sec. 110-628. -Lot coverage. (1) Buildings and accessory structures shall be sized to maximize the efficient use of the lot. a. Lot coverage (as defined in section 110-1) shall be no more than 80 percent of the developable land area provided the setback, stormwater and landscaping requirements are met. Sec. 110-629. -On-site circulation. (1) Provide easy sidewalk access for pedestrians by locating vehicle access and loading areas where there will be minimal physical or visual impact on pedestrians, the flow of traffic, and/or adjacent uses. a. All vehicular entrances shall, to the maximum extent possible, be located off of a side street or an alley in order to minimize pedestrian and vehicular conflicts. b. Walkways for pedestrian access shall be provided between parking areas and the project. c. Passenger loading zones located on the street shall not impede foot traffic or sidewalks. d. Parking lots and structures shall be designed to provide safe pedestrian circulation between parked vehicles and the primary building through the use of clearly marked pedestrian walkways, stop signs, speed bumps, lighting, or other similar measures. e. Pedestrian and vehicular connectivity shall be provided between parcels and a reduction to the need for additional, future curb cuts, and other means of cross access to adjacent parcels shall be encouraged. City of Cape Canaveral Ordinance No. 07-2015 Page 14 of 19 Sec. 110-630.- Utility and service areas. (1) Utilities, storage areas, mechanical equipment, fire alarms, sprinklers and other service areas shall be located so that they are not visible from the public right-of-way. a. Storage areas and mechanical equipment installed as part of a new project shall be placed to the rear of the site and screened from public view by the use of landscaping, wall or other similar buffer. b. Utilities shall be constructed and installed underground per section 110-482. c. Roof-top equipment shall be screened from view on all sides by an appropriate architectural treatment such as a parapet wall or other architectural feature. Secs. 110-631-110-640. - Reserved. Sec. 110-644. - Building continuity. (1) Maintain building openings that enhance building design and continuity, as well as the pedestrian experience. a. Buildings shall be generally designed to maintain a continuous street wall along the length of a block except to accommodate building articulation pursuant to section 110-643 and maximum building frontage standards pursuant to section 110-626. Sec. 110-654. -Awnings and canopies. (1) Add awnings or canopies to provide variation to simple storefront designs in order to establish a horizontal rhythm between structures where none exists and add color to a storefront. a. The size, scale and color of the awnings shall be compatible with the rest of the building and shall be designed as an integral part of the building architecture. b. Awnings and canopies shall be constructed of high quality, substantial materials which must be durable and fade resistant and maintained in good condition and replaced periodically. c. Canopies and awnings that span an entire building are discouraged. The careful spacing of awnings that highlight certain features of a storefront or entryway is encouraged. City of Cape Canaveral Ordinance No. 07-2015 Page 15 of 19 d. Canopies and awnings shall be located a minimum of eight feet above the sidewalk. Canopies and awnings may extend into the required setbacks by up to 50 percent of the required setback providing they do not impede pedestrian flows and or restrict utility and drainage easements. Sec. 110-669. - Surface parking. (1) Locate surface parking in the rear or side of buildings and provide pedestrian access from the parking to the building and street. However, due to the nature of certain uses, the Director of _Community Development or designee may approve up to one row of parking between the front of a building and street. a. A surface parking lot adjacent to a public street shall conform to the landscape requirements detailed in Division 6 of this Article. Sec. 110-670.—Parking structures. (1) When a parking structure is included in a project, it shall be integrated into the overall design of a development. a. Parking structures shall be compatible with the main building through a consistency in building material, color and architectural defining features. City of Cape Canaveral Ordinance No. 07-2015 Page 16 of 19 Sec. 110-687. - Project perimeter. (1) To create visual interest and transition on the project perimeter a landscaped area shall be provided between the adjacent properties and the public right-of- way. a. The landscaped area shall be equal to the full linear length of the property and have a minimum depth of five (5) feet. b. At least fifty (50) percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of thirty (30) inches in height, with one (1) medium or large tree planted for each twenty-five (25) feet or fraction thereof of the linear property length, or one (1) small tree or palm tree planted for each fifteen (15) feet or fraction thereof of the linear property length. When locating trees, consideration shall be given to impact on underground and overhead utility lines. c. The layout of the required landscaped area shall be at the discretion of the owner, such that the required square footage may be aggregated to provide maximum aesthetic value. However, each perimeter requiring landscape must have at least fifty (50) percent of the required landscape along that perimeter. d. Unless otherwise expressly required by this article,the Community Development Director may exempt a perimeter boundary from this section if he determines that the perimeter boundary does not abut a public space, including, but not limited to, a public road, sidewalk or park, and the perimeter boundary does not create any visual interest or transition on the perimeter between adjacent properties. e. Commercial parking facilities subject to section 110-690 are exempt from this section. Sec. 110-689. - Surface parking lots. (1) Buffer off-street parking adjacent to a public right-of-way or residential buildings or residential zoned property with a landscaped barrier. a. Interior landscaping for off-street parking shall conform to the requirements of section 110-567 of this Code. b. Minimum landscape buffer width between the right-of-way and the parking or vehicular access area along Al A, Central Boulevard, and N. Atlantic Avenue shall be ten (10) feet and five (5) feet along all other streets. c. A knee wall which is at least 30 inches in height is required when an off-street parking area is located within 25 feet of the public right-of-way. City of Cape Canaveral Ordinance No. 07-2015 Page 17 of 19 d. A continuous landscape berm at an average height of thirty (30) inches from grade may be permitted in lieu of a required knee wall. e. A knee wall or berm may be, staggered, meandering or continuous. f. A knee wall or berm shall not obstruct any safe sight distance triangle. g. A knee wall shall be compatible with the architectural design, material, and color of the principal building of the project. h. Lighting shall not be used to create an attraction, distraction, or commercial signage intent to the wall or berm. i. For the purpose of this standard, a Mixed-use building which includes residential units shall not be defined or categorized as a residential building. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [signature page follows] City of Cape Canaveral Ordinance No. 07-2015 Page 18 of 19 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2015. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh 1st Legal Ad published: July 9,2015 First Reading: July 21,2015 2nd Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 07-2015 Page 19 of 19 City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 7/21/2015 Item No. 9 Subject: Authorize removal of a Specimen Tree at 309 Madison Avenue. Department: Community Development Summary: On June 5, 2015, an application and tree survey were submitted to the City for the removal of a Specimen Tree located at 309 Madison Avenue (Attachment 1). The property contains a single family residence (mobile home), which is proposed for demolition to allow for the construction of four new townhomes. On June 9, 2015, the City Arborist and Code Enforcement Staff conducted a site inspection and verified that a Specimen Oak Tree was located in dose proximity to the existing structure and that it could impede the removal of the existing structure and impact the proposed townhouse construction. The contractor was informed that Staff verified the tree was a Specimen Tree and that a Tree Removal Permit, approved by the City Council, would be required for its removal. The City Arborist completed a Tree Hazard Evaluation Form (Attachment 2). The tree has a diameter at breast height (dbh) of twenty-nine and half (29.5) inches, is approximately fifty (50) feet in height, and has a fifty-five (55) foot canopy spread. The Arborist's report indicates that at the time of the inspection the tree was in good health, but located in close proximity to the foundation and structure (see photographs in Attachment 3). Sec. 102-41(b) of the City's Code indicates that: "Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made..." As evidenced by the attached Site Plan (Attachment 4), the proposed townhouse footprint will necessitate the removal of the Specimen Tree. Therefore, mitigation is required per Sec. 102-41(b). Staff requests that City Council approve the removal of the Specimen Tree with the required mitigation completed by the time of the issuance of the Certificate of Occupancy (C.O.) for the new structure. Staff recommends that the removal of this tree be mitigated at a ratio of 1 to1 which can be in the form of a contribution to the City's Tree Bank or the planting of replacement trees. Submitting Department Director: David Dickey Date: 7/8/2015 Attachments: 1 — Permit Application for the Removal of Tree; (a) Tree Survey; (b) Aerial Photo; (c) Street View Photo City Council Meeting Date: 7/21/15 Item No. Page 2 of 2 Attachments continued: 2 -Tree Hazard Evaluation Form 3 - Photos of the Tree 4 - Proposed Townhouse Site Plan 5 - Brevard County Property Appraiser Information Sheet Financial Impact: None. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/9/15 The City Manager recommends that City Council take the following actions: Authorize removal of a Specimen Tree at 309 Madison Avenue and mitigate at a ratio of 1 to 1. Approved by City Manager: David L. Greene Date: 7/9/15 Attachment#1 Date: 6-5-15 CITY OF CAPE CANAVERAL Tracking# 15-06030 PERMIT APPLICATION Permit# RECEIVED FOR THE REMOVAL OF TREES JUN 05 2015 Authority.City of Cape Canaveral Code of Ordinances Sec.102-37(e) (321)868-1222 City of Cape Canaveral Building Department 7510 N.Atlantic Ave. Cape Canaveral,FL 32920 You may download this application:www.cityofcapecanaveral.org You may fax to:(321)868-1247. Important: Please complete the checklist on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. LD. may be required) • Address of Job Site: 309 Madison Avenue, Cape Canaveral 32920 Legal description of property:TWN: 24 RNG:37 SBC: 23 SUBD: CG BLK: 00021.0 LOT: 0003.00 PB: 0003 PG: 0007 Property Owner Name: Michael David Latta Phone: Address: 267 Edgewood Dr, Americus, GA 31709 Contractor Name: George M Mosier Name of Company. Trade Wind Builders, Inc. Address: 285 Mileon Street, Merritt Island, FL, 32953 State License No.: CGC051989 Phone(office): 321-452-7799 Phone(cell/pager.): 321-446-8225 Fax: 321-452-7099 Please check all that apply(proof may be required). Of the tree(s)to be removed,are all the trees: dead? diseased? suffering from severe structural defects? posing a clear and obvious safety hazard? Please clarify the reason tree(s)must be removed: Build Townhomes & Remove One Specimen Tree Do you plan to relocate the tree(s)or re-plant new tree(s)? Please describe: No Notes: d.b.h.is diameter at breast height(4'ri feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24"or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. Type of Residential Quantity of Of the trees planned for removal, Sum total dbb of all inches Valuation of Building built or proposed protected/native how many haw caliper of all protected/native tree removal on the property trees over 3"dbh measurement of 24"or larger? trees to be removed work to be removed Single Family Residence $ Townhome 15-18 0 Apartment Other(spay) Permit Application Checklist Notes Completed Permit Application A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping Contractor's State License Record will be kept on file after initial submittal Current Worker's Comp.Policy/Exemption Record will be kept on file after initial submittal City Council Approval(if needed-please attach approval minutes) For ranoval of specimen or historic trees Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing,applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit. Applicant's Name: George M. Mosier Applicant's Signature: [signature] Date: 5 June, 2015 Notary use only: In the State of Florida, County of Brevard sworn and subscribed before this 5 day of June ,2015 by George Mosier Printed name of Applicant X who produced identification: FL Driv Lic or Seal [notary seal] is personally known to me. S. O'Donnell Signature-Notary Public At Large G:\BIdgDept.Forms\BP Appl. Removal of Trees(3 D.U.) This form may be duplicated. [sketch of survey] Brevard County Property Appraiser-Map2 Attachment#1 b Dana Blickley, CFA Brevard County Property Appraiser 309 Madison Avenue [overhead image of 309 Madison Avenue] North Goventment Complex Merritt Island Services Complex Viers Government Center Sale Services Complex Palm Bay Service Complex 400 South St,5th Floor 2575 N Cartaney Pkwy 2726 Judge Fran Jamieson ley 1515 Sarno Rd 450 Cogan Dr,SE Titusville,FL 32780 Merritt Island,FL 32953 Viers,FL 32640 Melbounie,FL 32935 Palm Bay,FL 32909 Phone:(321)264-6700 Phone:(321)454-6620 Phone:(321)6908880 Phone:(321)255-4440 Phone:(321)952.4574 Fax:(321)284.6954 Fax:(321)454-0818 Fax(321)690.8883 Fax:(321)255.4439 Fax:(321)952.4573 Document content intended for assessment purposes only. Not a survey.Map layers may not precisely align.Other disclaimers apply. Printed Tuesday,June 30,2015 at 11:31 PM.www.bcpao.us !-.500 http://map.bcpao.us/Map2/default.aspx?taxacct=2433609&s=f 6/30/2015 Attachment# lc 309 MADISON AVENUE STREET VIEW [image] Attachment#2 Page 1 of 2 [international society of arboriculture logo] A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 309 Madisson ave. Cape Canaveral, FL Map/Location: HAZARD RATING: 3-12 1+3+1=5 Failure + Size + Target = Hazard Owner: public private X unknown other Potential of part Rating Rating Date: 6-10-15 Inspector: City of Cape Canaveral - Tim Davis Immediate action needed Date of last inspection: Unkown Needs further inspection Dead tree TREE CHARACTERISTICS Tree#: 1 Species: Quercus virginiana "Live Oak" DBH: 29.5" #of trunks: 1 Height: 50' Spread: 55' Form: X generally symmetric ❑ minor asymmetry ❑ major asymmetry ❑ stump sprout ❑ stag-headed Crown class: ❑ dominant ❑ co-dominant ❑ intermediate ❑ suppressed Live crown ratio: 100% Age class: ❑ young ❑ semi-mature X mature ❑ over-mature/senescent Pruning history: ❑ crown cleaned ❑ excessively thinned ❑ toned ❑ crown raised ❑ pollarded ❑ crown reduced ❑ flush cuts ❑ cabled/braced ❑ none ❑ multiple pruning events Approx.dates: Special Value: X specimen ❑ heritage/historic ❑ wildlife ❑ unusual ❑ street tree ❑ screen ❑ shade ❑ indigenous ❑ protected by gov.agency TREE HEALTH Foliage color: ❑ normal ❑ chlorotic ❑ necrotic Epicormics? X Y N Growth obstructions: Foliage density: ❑ normal ❑ sparse Leaf size: ❑ normal ❑ small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excellent ❑ average ❑ poor Twig Dieback? Y X N X Curb pavement ❑ guards Woundwood development: ❑ exceIlent ❑ average ❑ poor ❑ none X Other house Vigor class: ❑ excellent X average ❑ fair ❑ poor Major pests/diseases: None at the time of inspection, healthy tree. SITE CONDITIONS Site Character: ❑ residence ❑ commercial ❑ industrial ❑ park ❑ open space ❑ natural ❑ woodland\forest Landscape type: ❑ parkway ❑ raised bed ❑ container ❑ mound X lawn ❑ shrub border ❑ wind break Irrigation: ❑ none X adequate ❑ inadequate ❑ excessive ❑ trunk wettled Recent site disturbance? Y X N ❑ construction ❑ soil disturbance ❑ grade change ❑ line clearing ❑ site clearing %dripline paved: 0% 10-25% X 25-50% 50-75% 75-100% Pavement lifted? Y X N %dripline w/till soil: 0% X 10-25% 25-50% 50-75% 75-100% dripline grade lowered: 0% X 10-25% 25-50% 50-75% 75-100% Soil problems: ❑ drainage ❑ shallow ❑ compacted X droughty ❑ saline ❑ alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history of fail ❑ clay ❑ expansive ❑slope ° aspect: Obstructions: ❑ lights ❑ signage ❑ line-of-sight ❑ view ❑ overhead lines ❑ underground utilities ❑ traffic ❑ adjacent veg. X house Exposure to wind: X single tree ❑ below canopy ❑ above canopy ❑ recently exposed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: East Occurrence of snow/ice storms X never ❑ seldom ❑ regularly TARGET Use Under Tree: X Building X parking ❑ traffic X pedestrian X recreation X landscape ❑ hardscape 0 small features ❑ utility fines Can target be moved? Y X N Can use be restricted? Y X N Occupancy: X occasional use ❑ intermittent use ❑ frequent use ❑ constant use . The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. Page 2 of 2 TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y X N Mushroom/conk/bracket present: Y X N ID: Exposed roots: ❑ severe ❑ moderate X low Undermined: ❑ severe ❑ moderate X low Root pruned: 0 distance from trunk Root area affected: 0 % Buttress wounded: Y X N When: Restricted root area: ❑ severe ❑ moderate X low Potential for root failure: X severe X moderate X low LEAN: --- deg.from vertical X natural ❑ unnatural ❑ self-corrected Soil heaving: Y X N Decay in plane of lean: Y X N Roots broken Y X N Soil cracking: Y X N Compounding factors: Specimen tree 8" from foundation Lean severity: ❑ severe ❑ moderate low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe,m=moderate,I=low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow.sweepi L L L L Codominants/forks L L L L Multiple attachments N/A L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers L L L L Girdling N/A L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Conks/mushrooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked barkL L L L L Nesting hole/bee hive L L L L Deadwood/stubs N/A L L L Borers/termites/ants L L L L Cankersigalls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Failure potential: 1-low; 2-medium; 3-high; 4-severe Inspection period: annual biannual other 1 Time ---Size-of part: 1 .---<6"(15 cm);2.=6-18"(15-45 cm): • Failure Potential+Size of Part+Target Rating=Hazard Rating 3 18-30"(45-75 cm);4->30"(75 cm) 1+3+1=5 Target rating: 1 •occasional use;2 intermittent use: 3-frequent use;4-constant use HAZARD ABATEMENT Prune: ❑ remove defective part ❑ reduce end weight ❑ crown clean ❑ thin ❑ raise canopy ❑ crown reduce ❑ restructure ❑ shape Cable/Brace: Inspect further: ❑ root crown ❑ decay ❑ aerial ❑ [illegible] Remove tree: Y N Replace? Y N Move target: Y N Other. Effect on adjacent trees: X none ❑ evaluate Notification: ❑ owner ❑ manager X Governing agency Date: 6-10-15 COMMENTS The tree I inspected today was a Live OAK with a D.B.H of 29.5". This makes the tree a specimen tree. At the time of inspection this OAK was in good health. If you have anymore questions, please call me. Thank you,. Tim Davis [his licensing number went over the edge of the paper and was only partially scanned] Attachment#3 Page 1 of 2 [pictures of 309 Madison Avenue] Page 2 of 2 [pictures of 309 Madison Avenue] Attachment#4 ld[[•lro tail x111.SUMO 101U II[f.lal u/YMpp 9J0(10INI3uu 11Nm1rX Doom vuo.•.. 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(aura-Dae).uszr Und) roto ' 7J.C,9LroN Jv \ ^ •/ (o31ra-0a Jim 'l.cs,rLwn u 1.171 g3S s. Id I 'n kx Arm 40 DON p9 $a „ „ a CCC 0_ 3fNEAV 30Nt/a0 n $A 2, J BCPAO -Property Details Attachment#5 Dana Blickley, CFA ° Property Propeny Appraiser 1 . 11 Brevard County, FL - Detail s %.47.10„- Aook - - . • — • General Parcel Information Parcel ID: 24-37-23-CG-00021.0 Millage Code: 26G0 Exemption: Use Code: 212 -0003.00 Site Address: 309 MADISON AVE , CAPE CANAVERAL 32920 Tax ID: 2433609 Site Address is assigned by Brevard County Address Assignment for E-91.l purposes and may not reflect the postal community name. Owner Information Abbreviated Description Owner Name: LATTA, MICHAEL DAVID TRUSTEE Plat Sub Name: LOTS 3 Second Name: Book/Page: AVON BY &4 BLK 0003/0007 THE SEA 21 Mailing Address: 267 EDGEWOOD DR City,State,Zipcode: AMERICUS, GA 31709 Value Summary Land Information Roll Year: 2012 2013 2014 Acres: 0.29 Market Value Total:1 $93,830 $93,310 $107,560 Site Code: 1 Agricultural Market Value: $0 $0 $0 Assessed Value Non-School: $74,540 $75,800 $76,930 Assessed Value School: $74,540 $75,800 $76,930 Homestead Exemption:2 $25,000 $25,000 $25,000 Additional Homestead:2 $24,540 $25,000 $25,000 Other Exemptions:2 $0 $0 $0 Taxable Value Non-School:3 $25,000 $25,800 $26,930 Taxable Value School:3 $49,540 $50,800 $51,930 1 Market value is established for ad valorem purposes in accordance with s.193.011(1)and(8), Florida Statutes. This value does not represent anticipated selling price for the property. 2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred. 3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to Amendment 1. Sale Information Official Records Sale Deed Sale Sale Physical Book/Page Sale Date Amount Type Screening Screening Change Vacant/Improved Code Source Code 7209/1104 8/26/2014, $100, QC 11 I 2355/2203 2/28/198 $100 Q Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential marketability of the property. Building Information PDC Use Year Story Frame Exterior Interior Roof Roof Floors Ceiling # Code,,. Built Height Code Code Code Type Material Code Code 1 _ 212 1954 8 04 09 03 01 03 03 03 Building Area Information 1PDCIBaselGaragel Open I Car!Screened!Utility Enclosed Basements Attics Bonus l RV 1 RVg I # Area Area Porches Port Porches Rooms Porch Rooms Carport Garage https://www.bcpao.us/asp/Show_parcel.asp?acct=2433609&gen=T&tax=T&bld=T&oth=T... 6/30/2015