HomeMy WebLinkAboutAgenda Packet 02-16-2016 CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
February 16, 2016
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.
PRESENTATIONS/INTERVIEWS:
6:15p.m. 6:45p.m.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2015—Presentation by Bernadette Britz-Parker, James Moore& Co.
CONSENT AGENDA:
6:45 p.m. 6:50 p.m.
1. Approve Minutes for Regular City Council Meeting of January 19, 2016.
2. Approve the sole-source purchase of one, positive displacement, 50 horse-power blower
from Universal Blower Pac, Inc. for the Wastewater Treatment Plant in the amount of
$30,851.
3. Approve updated Stormwater Master Plan as prepared by Allen Engineering, Inc. and
Applied Sciences Consulting, Inc.
4. Approve an Interlocal Agreement between Brevard County and City of Cape Canaveral for
the provision of a centralized addressing authority and authorize the Mayor to execute
same.
City of Cape Canaveral, Florida
City Council Meeting
February 16, 2016
Page 2 of 2
5. Resolution No. 2016-01; altering the speed limit on North Atlantic Avenue; providing for
installation of speed limit signs; providing for repeal of prior inconsistent resolutions,
severability; and an effective date.
6. Award the bid for construction of the New Cape Canaveral City Hall to Doug Wilson
Enterprises, Inc. in an amount not to exceed $4,300,000; authorize the City Manager to
execute Construction Agreement and documents related to same.
ITEM FOR ACTION:
6:50 p.m. 7:00 p.m.
7. Authorize removal of two(2) Specimen Trees located at 376 Harbor Drive with a payment
to the City's Tree Bank in an amount of$1,537.50.
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.
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date:
Presentations/Interviews
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report
for the Fiscal Year ended September 30, 2015 —Presentation by Bernadette Britz-Parker, James
Moore& Co.
Department: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the
City's Financial Statements for the Fiscal Year ended September 30, 2015. James Moore&Co.
determined the Financial Statements present fairly,in all material respects,the financial position
of the City of Cape Canaveral and are in conformity with Generally Accepted Accounting
Principles. The Audit was conducted in accordance with Generally Accepted Auditing
Standards and Government Auditing Standards. The findings and recommendations will be
presented by Audit Manager Bernadette Britz-Parker.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent year by
$41.1 million(net assets). Of this amount, $10.2 million(unrestricted net assets)may
be used to meet the City's ongoing obligations.
• The City's total net assets increased by$1 million. This is the result of management's
intense efforts to always pursue the most cost-effective measures while protecting the
City's resources.
• At the close of the Fiscal Year, the City's Governmental Funds (which include the
General Fund and Non-major Governmental Funds) reported combined ending fund
balances of$9.78 million; an increase of$12.5 thousand in comparison with the prior
year,due primarily to continued attention to controlling costs and proper management
of assets.
• At the close of the Fiscal Year, fund balance for the General Fund was $8,626,802.
Of this amount, $105,275 relates to inventory and prepaids and is therefore non-
spendable. The remaining fund balance includes: restricted ($542,083), committed
($4,393,882), and unassigned ($3,585,562) balances. Within the committed fund
balance category, the largest piece is $3,739,961 committed for the construction of a
New City Hall. Unassigned funds are available to fund on-going activities of the
City's various General Fund services and programs.
• The City's total long-term liabilities increased $794.7 thousand. This was due
primarily to receipt of additional State Revolving Fund money for various wastewater
and stormwater projects, offset by annual debt service payments on the Capital
Improvement Revenue Note.
Submitting Department Director: John DeLeo Date: 2/3/16
Attachment: The City of Cape Canaveral's Compreh ive Annual Financial Report (CAFR).
Financial Impact: Staff time to prepare this Agenda Item and cost of the Audit.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2/3/16
City Council Meeting Date: 2/16/2016
Presentations/Interviews
Page 2 of 2
The City Manager recommends that City Council take the following action:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2015.
Approved by City Manager: David L. Greene Date: 2/3/16
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM Item 1 201 Polk Avenue,Cape Canaveral,Florida ,
TUESDAY
January 19, 2016
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00` Mnd requested Council
Member McMillin lead the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Mike Brown
Mayor Bob Hoog
Council Member Brendan McMillin
Mayor Pro Tem Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Deputy City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Community Development Director David Dickey
Economic Development Director Todd Morley
Leisure Services Director Gustavo Vergara
Public Works Services Deputy Director Jeff Ratliff
Brevard County Sheriff Major Paul Ring
Cape Canavoral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:Dr.Ross McCluney introduced himself as representing Ray Osborne;
provided a short,personal biography; thanked the City for the storm drainage system, solar powered
lights along Ridgewood Avenue, new electrical poles and the report the City Manager spearheaded
for a Solar Energy Amendment. He stated the Solar Energy Seminar held on January 9, 2016 was
well attended;that Mr.Osborne is planning another seminar in April and the City will be invited. Dr.
McCluney requested Council bring forth an Agenda Item for discussion on promoting clean energy
in Cape Canaveral;he offered to put together a citizens group to come up with suggestions on ways
the City could move towards clean energy; mentioned Earth Day is Friday, April 22 and offered to
give a talk if City Council is interested.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 19,2016
Page 2 of 4
ITEM FOR ACTION:
1. Approve Minutes for Regular City Council Meeting of December 15,2015: A motion was
made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve the Item.
The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member
Brown,For;Mayor Hoog,For; Council Member McMillin,For; and Mayor Pro Tem Walsh,
For.
REPORTS:
Council Member McMillin stated he spoke with City Manager Greene about the need for moving
forward with a strategic plan and that Mr. Greene has some ideas on the issue. He requested the
City Manager come up with a funding plan and what can be done in the near future. City Manager
Greene's response included: holding the event at the Radisson; reaching out to consultants to
discuss price and availability;a ballpark estimate would be around$5,000;a full day Council/Staff
retreat with food, beverages as well as consulting services and reports; how it is appropriate with
two new Council Members; dollars are in the budget and Staff will reach out to Council with
potential dates/times in April if not sooner; the successful implementation of the community
Vision, the need to get beyond low-hanging fruit to meaty issues from a funding and financial
perspective to gauge where the community wants to go and where Council wants to lead Staff in
a policy direction; the City's hands are full with projects/priorities such as N. Atlantic Avenue
Streetscape, New City Hall, Wastewater and Stormwater initiatives which should be wrapped up
towards the end of fiscal year 2017; how the next few months would be the time to have the
conversation about what we do next;an explanation of how City Council's current millage rollback
philosophy does not provide a greet Ileal of extra money within operating/debt costs to fund major
new initiatives; how the City has brought in close to four million dollars in grant funds in the last
eighteen months for capital project which may be sustainable in the quarter to half million dollar
range. However, the key is-projects that kick off State initiatives which provide the possibility of
obtaining greater amounts of match grant funds.
Council Member McMillin stated he was joined by three community members for"Coffee with a
Councilman". Discussion included navigation of the City website and a recommendation that
people read the Weekly Updates on the City homepage. He attended the solar energy workshop
and inquired if the City had looked into possible renewable energy initiatives related to the New
City Hall. City Manager Greene responded it is on the list; the City is going through the bidding
process and is moving in that direction, within reason, from a cost benefit analysis. Council
Member McMillin announced he will be a Board Member of Keep Brevard Beautiful;he attended
the Transit Meeting recently at Florida Today;he inquired about whether the City was going to do
anything to recognize the former Mayor such as street or building naming. City Manager Greene
suggested they discuss the item after the meeting.
Council Member Brown thanked the City Council for giving him the opportunity to serve the
Space Coast League of Cities as a voting delegate. He stated Cape View Elementary is dear to his
heart; he serves on the Parent Teacher Organization and the School Advisory Council. He urged
City of Cape Canaveral, Florida
City Council Regular Meeting
January 19, 2016
Page 3 of 4
that if there are additional monies, the playground has some issues and the Kindergarten needs a
sun shade.
Council Member Bond wished everyone a Happy New Year. He asked everyone to say a prayer
for Mayor Bob Hoog who recently lost a son.
Mayor Pro Tem Walsh stated residents are complimentary of the Beach Rake activities and she
thanked Staff for their efforts.
Mayor Hoog read a letter addressed to Cape Canaveral Volunteer Fire Department Station 60. He
stated the letter was forwarded to him by John Thomas Emmick for Commissioner Robin Fisher
regarding his father, Kurt Emmick, and the great appreciation for his care by the Department.
Mayor Hoog thanked the Fire Department and the Sheriff's Department for all they do. Mayor
Hoog inquired about a light on Ridgewood at Jefferson that was knocked down. City Manager
Greene stated he believed it has been ordered and it Was now a hatter of delivery.
City Manager Greene requested people look at the State of the City Report. He specified, with
respect to the solar question,the citizen led group is re-grouping and the matter may not be placed
on the ballot until the 2018 Election; there appears to be a dispute between the citizens' group and
the firm hired to obtain signatures to help meet the Constitutional requirements to land on the
ballot; the City is concerned and will address the issue at the appropiate time. He pointed out the
City's student intern in the audience who is working on a Sustainability Plan for the City as part
of the Master's Program at the University of Florida; additionally, a number of pages in the State
of the City are dedicated to sustaluability issues/initiatives that are already in action.
Mayor Hoog asked if anyone had:anything they wanted to say prior to adjournment. Canaveral
Beach Boulevard residents ,ndaeuwenberg and Charles Hazelaar expressed frustration about
two properties that appear to have illegal activities on going for two years; however, no law
enforcement activity has been'observed. Ms. Meeuwenberg indicated they want to know how to
work with the City to resolve the lues. Discussion ensued and included: the perception that law
enforcement and/or code enforcemeut are not doing their jobs, how there are much bigger
investigations underway to get beyond the street seller and user; how the City cares and there are
investigations going on all around the City; how the Sheriff's Department would be glad to see a
Neighborhood Watch established there; how the Sheriff's Office and City Staff are handling the
issue; the former Mayor's efforts; suspicious activity witnessed by a resident; the plan to improve
the area by the residents and the City; funding issues and how Staff is pursuing the owner of the
properties to work on redevelopment; the possibility of condemning the property and the cost of
that including legal fees and consulting costs; how there is an underlying density problem on the
property and that taking of the property is a challenge because the owner is generally in
compliance; how that property was built to Codes of the sixties or seventies and is expensive to
solve. Mayor Hoog suggested the residents speak with Canaveral Precinct Major Paul Ring before
leaving the Meeting.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 19, 2016
Page 4 of 4
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:42 P.M.
Bob Hoog, Mayor
Mia Goforth, Deputy City Clerk
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date::Z02/16/2016
Item No. 2
Subject: Approve the sole-source purchase of one, positive displacement, 50 horse-power
blower from Universal Blower Pac, Inc. for the Wastewater Treatment Plant in the amount of
$30,851.
Department: Public Works Services
Summary: The existing sludge holding blower system at the City's Wastewater Treatment Plant
(WWTP) was designed to include the following blowers:
• One, 50 horse-power (HP) blower used to keep sludge in the digester from becoming
septic;
• One, 50 HP blower maintained for rotational use and for standby status (i.e.,
redundancy); and
• Three, 7.5 HP blowers used for the(1)2nd anoxic basin to reduce nitrogen concentrations
and (2) effluent transfer basin to add dissolved oxygen prior to discharge to the Banana
River.
(Note: The blower system was designed to contain three, 7.5 HP blowers. However, due to
improvements in the manufacture and efficiency of positive displacement blowers, the future
blower system will only include two, 7.5 HP blowers after installation of the new 50 HP blower.
Engineering analysis reveals that two 50 HP and 7.5 HP blowers are sufficient for the WWTP.
By eliminating one 7.5 HP blower from the system, the City will achieve cost savings of over
$15,000.)
In general, the purpose of the sludge blowers is to supply air to the sludge holding tank, the 2nd
anoxic basin and the effluent transfer basin through a diffused air system. The air provides for
aerobic conditions as well as secondary mixing of treated wastewater. One of the remaining 50
HP Universal Blower Pac, Inc. (UBP) sludge blowers at the City's Wastewater Treatment Plant
(WWTP) was installed in 1996 and requires replacement. In FY14-15, one, 50 HP blower was
purchased and installed along with one, 7.5 HP blower. The remaining one, 7.5 HP blower is
budgeted for replacement in FY16-17.
The existing UBP blowers have been reliable and have performed well since initial installation
in the mid-1990s. Therefore, Staff is recommending the purchase of similar-type blowers from
UBP which can be installed with limited disruption to the WWTP. This approach to replace the
existing blower is being recommended as a sole-source purchase from UBP. Funds for this
Project are from the City's Wastewater Enterprise Fund. UBP's cost estimate for the blower
purchase is included as Attachment#1. A Sole-Source Letter as prepared by UBP is included as
Attachment #2. (Note: TSC Jacobs North is UBP's exclusive representative for municipal
products in the State of Florida.)
Submitting Department Director: Joyce Muse Date: 02/03/16
Attachments: #1 —Cost Proposal; #2 —Sole-Source Letter
City Council Meeting Date: 02/16/2016
Item No.
Page 2 of 2
Financial Impact: The blower is an FY15/16 budgeted item for $50,000 which includes
installation and materials. The sole-source purchase of one, positive displacement, 50 horse-
power blower from Universal Blower Pac, Inc. is $30,851, which will be funded by the
Wastewater Fund. Staff time to prepare Agenda item.
Reviewed by Administrative/Financial I
Services Director: John DeLeo Date: .2/5/16 ,
The City Manager recommends that City Council tak e following actions: Approve the
sole-source purchase of one, positive displacement, 50 orse-power blower from Universal
Blower Pac, Inc. for the Wastewater Treatment Plant in t amount of$30,851.
Approved by City Manager: David L. Greene Date: 2/5/16
Attachment #1
Cost Proposal
(Blank Coversheet)
Universal Blower Pac, Inc.
The Original Manufacturer
QUOTE
To: TSC Jacobs North
Date: 11 January 2016
Reference: Cape Canaveral, FL WWTP #15036A Duplicate
Quotation: U51002-A1B
Submittal: 3-5 weeks from receipt of purchase order.
O&Ms: Sent 2-4 weeks from receipt of order
Ship: Currently, 7-12 weeks from receipt of order
Freight: Pricing good for six months from quote date.
Terms: Net 30, valid for 30 days unless notified. If approval
and release of equipment to production and/or shipping
exceeds 6 months, pricing will most likely be' affected
per the Industrial and Commercial Fan & Blower Mfg as
posted by the Bureau of Labor Statistics.
Qty: 1 Universal Blower Pac 3C-Pac to provide 919 ICFM at 8.5
PSIG. The material and services included are:
Filter/Silencer
95173C Duplicate Compressor
Internal Flex Joint
50 HP ODP PE 1800 rpm 460/60/3 Motor
V-Belt Drive w/ Automatic Tension
Base and Guard
Vibration Isolation Mounts
Discharge Silencer
Relief Valve
5-Inch Check Valve
5-Inch Butterfly Valve
Pressure, Temperature Gauges
3C-Pac 3C3 Acoustical Enclosure w/ 120/60/1 Fan
Unit (s) shipped assembled. All equipment finish painted and skid
mounted for domestic shipment.
TOTAL w/ Freight(FOB Noblesville, IN) . $ 30, 851 .00
NOTE: Equipment Start-Up is not included in this price proposal.
440 Park 32 West Drive I Noblesville, IN 46062-9252 I PH 317-773-7256 I FX 317-776-5086
website:www.universalblowerpac.com email:sales@universalbtowerpac.com
Attachment #2
Sole-Source Letter
(blank coversheet)
Universal Blower Pac, Inc.
The Original Manufacturer The Original Manufacturer
440 Park 32 West Drive
Noblesville, IN 46060
February 2,2015
TSC Jacobs North
24156 SR 54,Suite 3
Lutz, FL 33559
Att: Paul Wachter, P.E.
RE: Cape Canaveral,FL WWTP I Universal Blower Pac 3C-Pac Blowers
Dear Paul,
Universal Blower Pac, Inc. ("UBP") is the original manufacturer for the existing positive
displacement blower systems at subject facility. UBP is the only source for duplication of
these original systems or upgrade to 3C-Pac blower systems. TSC Jacobs is UBP's
exclusive representative for municipal products in the State of Florida.
UBP is the owner of the 3C-Pac trademark and Universal Blower Pac trademark in
connection with engineering services and manufacture/distribution of among other things,
industrial blower systems, and noise attenuating enclosures. UBP is the sole manufacturer
of the 3C-Pac line of blower systems.
Please contact me if you have any questions.
Cordially,
Andrew Placek, PE
Lead WTP Sales Engineer
Universal Blower Pac, Inc.
440 Park 32 West Drive I Noblesville, IN 46062-9252 I PH 317-773-7256 I FX 317-776-5086
website:www.universalblowerpac.com email:aplacek@universalblowerpac.com
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date:
Item No.: 02/16/2016
Item No. 3
Subject: Approve updated Stormwater Master Plan as prepared by Allen Engineering, Inc. and
Applied Sciences Consulting, Inc.
Department: Public Works Services
Summary: Background- In October 2000, the United States Environmental Protection Agency
(EPA) authorized Florida Department of Environmental Protection (FDEP) to implement the
National Pollutant Discharge Elimination System (NPDES) stormwater permitting program in
Florida. This Program regulates point source discharges of stormwater into surface waters from
municipal facilities, and from industrial and construction activities. The NPDES permit requires
that the City of Cape Canaveral (City) devise strategies for reducing pollutants in stormwater
runoff and improving overall water quality. In addition to the construction of stormwater
improvement projects,part of this strategy is to implement Best Management Practices (BMPs)
which include:
• Public education;
• Public Involvement/Participation;
• Illicit discharges (identification and elimination);
• Runoff control —construction sites;
• Runoff control —post-construction; and
• Pollution prevention.
In response to these new Federal/State regulations, the City implemented these BMPs through
the NPDES permitting process and also undertook the following actions:
• A Stormwater Master Plan (SWMP) was prepared in 2000 by Stottler, Stagg and
Associates to develop a strategy for improving the management and treatment of
stormwater;
• A Stormwater Utility was established in 2003 to fund stormwater improvement projects.
As a result of this work, the City implemented a number of programs and constructed numerous
stormwater improvement projects to expand infrastructure capacity, promote community
awareness and enhance the natural environment by reducing pollutant loads of total nitrogen
(TN) and total phosphorous (TP) discharged to the Banana River Lagoon (BRL). Some of these
specific programs/projects completed include:
• Installation of nine nutrient-separating baffle boxes on the City's main outfall pipes and
Central Ditch—one of the only cities in Florida to at least minimally treat stormwater at
all major outfalls;
• Improvements to the Central Ditch in the vicinity of West Central Boulevard;
• Improvements to the stormwater systems at Manatee Sanctuary Park and Banana River
Park;
• Development of a Master Stormwater Map and stormwater infrastructure inventory;
• Implementation of several stormwater maintenance programs(i.e., street sweeping, inlet
replacements, etc.); and
• Approval of City ordinances enforcing erosion control at construction sites and banning
the use of fertilizers in summer months (along with other restrictions).
City Council Meeting Date: 02/16/2016
Item No. 3
Page 2 of 3
Year 2013—Present-In 2013,FDEP established a new regulatory requirement(Total Maximum
Daily Loads [TMDLs]) to further regulate the discharge of TN and TP to surface waters of the
State. Through the Indian River Lagoon/BRL Basin Management Action Plan (BMAP),
stakeholders are required to construct stormwater improvement projects and implement BMPs
to further reduce pollutant loadings over the next 15 years. Due to the City's continued proactive
stance in protecting the BRL and completing construction of stormwater improvement projects,
the City was exempted for the first five-year period of the 15-year TMDL Program (i.e., no
further stormwater improvements were required). However, over the full 15-year period of the
TMDL Program, the City must eliminate 5,910 pounds per year(lbs/yr) of TN and 1,468 lbs/yr
of TP from stormwater runoff (based upon computer modeling presented in the updated
SWMP). Fortunately, due to previous stormwater improvement efforts and projects scheduled
for completion in the next two years, the City will achieve 90.8% of the TMDL target levels for
TN and 70.4%for TP for the 15-year period. Two larger projects,the WWTP Reclaimed Storage
Tank and Canaveral City Park Ex-filtration Project, account for a majority of these future TN
and TP credits.Other projects identified in the updated SWMP and included in the City's Capital
Improvement Plan (CIP) will allow the City to achieve the full 15-year goal of pollutant load
reductions required by the TMDL Program within the next few years — as many as 8-10 years
early. All of these projects are intended to further reduce harmful pollutant discharges and
address the decline of seagrass growth in the BRL.
Updated SWMP - In order to continue the City's aggressive stormwater treatment and
management program, an updated SWMP was required. The initial SWMP was outdated and
did not include scientifically-based projects based on the latest computer modeling techniques.
The major goals/objectives of the updated SWMP were as follows:
• Collection of background data and existing computer models from regulatory agencies
(e.g., FDEP and SJRWMD) to be used as a geodatabase for detailed hydrologic studies;
• Performance of computer modeling to determine additional credits which may be
acquired from the TMDL Program for projects already completed by the City;
• Performance of computer modeling to determine TN and TP loads from each of the
City's drainage basins;
• Performance of computer modeling to determine maximum potential TMDL credits for
proposed water quality improvement projects; and
• Recommendations for additional stormwater improvement projects (i.e., based upon
computer modeling analyses, research of scientific literature, costs, etc.) not already
included in the City's CIP.
In addition, most agencies require that applicants for stormwater improvement grants maintain
an updated SWMP. The City has been very successful in obtaining grant funds for funding of
stormwater improvement projects including EPA 319(h) grants, Cost-Sharing Program funds
from SJRWMD and State Legislature funds. The City has also obtained a low-interest loan from
FDEP's State Revolving Fund (SRF) for stormwater improvement projects. The Executive
Summary of the full updated SWMP is included as Attachment #1. A copy of the PowerPoint
presentation shown to City Council in November 2014 is included as Attachment #2. The full
updated SWMP was forwarded to City Council on CD in early-February 2016. (NOTE: The
updated SWMP is meant to be a"living"document. That is, projects may be added to the list of
proposed projects and they may also be deleted. These project additions/deletions may be the
result of a number of factors including: [1] City funding availability, [2] grant funding
City Council Meeting Date: 02/16/2016
Item No. J
Page 3 of 3
availability, [3] site access, [4] potential TMDL credits available, [5] future changes in
Federal/State regulations, etc.)
Conclusions - The City has maintained an aggressive stormwater management and treatment
program since the advent of the earliest stormwater regulations. This aggressive approach to
preserve the quality of the BRL has allowed the City to be a local leader in the restoration of the
BRL. Additionally,the preparation of an updated SWMP places the City in a strong position not
only to meet new Federal/State regulations, but to receive grant funding for future stormwater
improvement projects. City Staff will continue to investigate the most scientifically-based and
feasible projects and set priorities based upon several factors to obtain the "best bang for the
buck". The City has shown vision and environmental awareness and practiced sound strategic
planning in the management and treatment of stormwater.
Submitting Department Director: Joyce Muse Date: 2/3/16
Attachments: #1 —Executive Summary: 2014 BMAP Compliance Strategy Report
#2—2014 BMAP PowerPoint Presentation
Financial Impact: Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date:2/3/16
The City Manager recommends that City Council ke the following action: Approve
updated Stormwater Master Plan as prepared by Allen Engineering, Inc., and Applied Sciences
Consulting, Inc.
Approved by City Manager: David L. Greene Date: 2/3/16
(blank cover sheet) Attachment #1
Executive Summary: 2014 Stormwater Master
Plan
1 EXECUTIVE SUMMARY
The City of Cape Canaveral (City) is located on Brevard County's barrier island, adjacent to Port
Canaveral. Stormwater runoff from the City discharges to the Banana River Lagoon (BRL) and Atlantic
Ocean. The decline of water quality and ecosystem health in the BRL led to the BRL being placed on the
Florida Department of Environmental Protection (FDEP) Verified List of Impaired Waters in 2007. The
FDEP established a Total Maximum Daily Load (TMDL) for the Indian River Lagoon and BRL (FDEP 2009)
to reduce harmful pollutant loadings of total nitrogen (TN) and total phosphorus (TP) discharges to the
BRL. The goal of the TMDL was to restore seagrass coverages in the BRL to historic levels.
The implementation phase of the TMDL program was the Basin Management Action Plan (BMAP)
process that allocated specific load reductions of TN and TP for the Municipal Separate Storm Sewer
System (MS4) stakeholders along the BRL. Enforcement of the BMAP is through the City's National
Pollutant Discharge Elimination System (NPDES) MS4 Permit No. FLRO4E003. As a result, BMAP
allocations set by FDEP will affect stormwater management practices within the City.
In order to address BMAP compliance issues, Cape Canaveral undertook this study with the project team
of Allen Engineering, Applied Sciences, and Applied Ecology (AEI) to: quantify stormwater pollutant
loadings from the City, compare the pollutant loadings to BMAP allocations, and develop a compliance
strategy of proposed measures and stormwater retrofit projects necessary to comply with BMAP
requirements.
1.1 FINDINGS
In the BMAP for the BRL (FDEP, 2013), the City committed to reducing 886.5 lb/yr of TN and 220.3 lb/yr
of TP from its stormwater runoff during the first five-year cycle. During the BMAP process, the City
submitted to the FDEP a list of projects and practices that would achieve compliance with the first five-
year cycle allocations. Additional reductions of TN and TP will be required during the following two five-
year cycles.
As a result of MS4s contesting FDEP's methodology utilized to correlate seagrass health with nutrient
loadings and FDEP's model for pollutant load calculations, as well as the unexpected seagrass die off in
the BRL, the City's nutrient reduction allocations for the second and third five-year cycles are unknown,
though they will probably be of similar magnitude as projected in the original TM DL.
The City will be required to implement numerous stormwater retrofit projects at considerable expense
over the next 14 years in order to meet BMAP allocations. To assist the City with reaching these goals,
the project team developed a strategy comprised of three types of components to reduce nutrient
loadings to the BRL.
City of Cape Canaveral,FL 1
BMAP Compliance Strategy Report—October 2014
1.1.1 TMDL Refinements
The first component of the City's TMDL compliance plan consists of refining the Pollutant Load
Screening Model (PLSM) utilized by FDEP for calculating baseline pollutant loadings and required
allocations (reductions.) The PLSM model uses the variables of the presence of an existing
treatment system, soil type, land use, runoff coefficient, and annual rainfall. An analysis of
FDEP's PLSM model revealed deficiencies in the GIS coverages of land use, runoff coefficient,
and existing Environmental Resource Permit (ERP) areas used as surrogates for treatment areas.
These coverages reflect the year 2000 conditions, which have changed over the last 10 years.
The City has developed current GIS coverages for land use and soil types as part of this study.
Additional GIS coverages for the stormwater infrastructure, C values, and treatment areas have
been initiated, but not completed at this time. In addition, FDEP is evaluating the utilization of a
more accurate and refined pollutant load model for the Indian River Lagoon (IRL). Applied
Sciences recommends the City updates G1S coverages that can be used by either model in order
to ensure that future modeling and allocations be as accurate as possible, thereby assuring
that no unnecessary projects are implemented.
1.1.2 Nonstructural BMPs
FDEP offers BMAP reduction credits for so called "soft" or nonstructural BMPs such as
educational program implementation and maintenance practices. A maximum of 6% credit is
available for a combination of public education measures. The City currently receives 2.5%
credits for implementing a fertilizer reduction ordinance and distributing educational
pamphlets. (FDEP, 2014) Additional BMAP credits of 21 lb/yr of TN and 5 lb/yr of TP can be
achieved for the City's participated with Brevard County's Blue Life program to promote public
lifestyle changes that reduce nutrient pollution entering the BRL. It is recommended the City
request credits for participation in the County's Blue Life Program.
1.1.3 Structural BMPs
Legacy loadings from muck accumulations in the Central Ditch are a source of nutrient loadings
to the BRL when storm events wash muck from the ditch to the river. Three dredging projects
were identified on the northern and southern sections of the Central Ditch. BMAP credits are
available for these nutrient legacy removal projects.
A listing of all existing BMAP reduction projects previously approved by FDEP, as well as 19
potential programs and projects identified in this report are shown in Table 1.1. Each project
lists pounds per year of nutrient removed and cost per pound of nutrient removed to help
prioritize project selection.
Based upon the existing projects already receiving BMAP credits, the City's remaining reductions
required to meet the 15-year BMAP reductions is 2,995 lb/yr of TN and 665 lb/yr of TP.
An analysis of the proposed projects with their associated nutrient removals and effectiveness
measured by cost per pound of nutrient removed was undertaken to develop the recommended
City of Cape Canaveral, FL
2
BMAP Compliance Strategy Report October 2014
BMAP Compliance Strategy shown in Table 1.2. The strategy lists five proposed structural
retrofit projects and one public education program that could be feasibly implemented to meet
the current 15-year TMDL allocation. Types of projects selected were reclaimed water system
improvements, dry retention swales, wet detention ponds, canal dredging, exfiltration trenches,
and Blue Life public education. The construction costs for this ultimate build-out plan were
estimated to be $5,901,064.
A summary of projects in the proposed plan is shown in Table 1.2. If FDEP revises the BMAP
allocations with future model or allocation revisions, a new Compliance Plan could easily be
formulated based upon the projects listed in Table 1.1.
1.1. SUMMARY
Based upon the conceptual designs and hybrid model utilized in this report, the six projects shown
below can meet the City's 15-year BMAP allocation. These projects were chosen due to their low cost
per pound of pollutant removal and pounds of pollutant removed. Achieving compliance will principally
be accomplished by construction of the new Reclaimed Water Tank at the Waste Water Treatment
Facility. Two of the six recommended projects will require right-of-way or easement acquisition. if a
proposed sewer line extension is installed on Holman Road, the proposed swale in Project CC-26 could
be installed as part of that project, eliminating separate right-of-way acquisition and construction costs.
In the event that land does not become available for any of these projects, there are many alternate
projects listed in Section 6 that could be implemented at higher costs per pound removed. Project CC-
10B, participation in the County's Blue Life program, has recently been implemented and FDEP indicates
credits will be issued with the 2015 BMAP Progress Report.
FDEP is in the process of evaluating an alternate model for calculating pollutant loadings to the SRL. If
the alternate method is approved, pollutant loadings and allocations among MS4 entities will most
certainly change. At that time, the Compliance Plan listed above can be revised as needed. While the
pollutant loading method may change,the projects will still be worthy projects for cleaning stormwater
runoff entering the Banana River Lagoon.
41Ir
City of Cape Canaveral, FL
3
BMAP Compliance Strategy Report—October 2014
Table 1.1 - Existing and Proposed Basin Management Action Plan Projects
Project Acres Treated TN Loading TN Credit TP TP Credit
Project Name Project Type TN Efficiency(%) Loading TP Efficiency(%)
Number lac)* (Ibs/yr) (lbs/yr) (lbs/yr)
(lbs/yr)
CC-1 Baffle Box-Holman Road 1st Gen Baffle Box 29.2 371 0.5 1.9 89.5 2.3 2.1
CC-2 Baffle Box-Center Street 1st Gen Baffle Box 117.2 1564 0,5 7.8 382.6 2.3 8.8
CC-3 Baffle Box-International Drive 1st Gen Baffle Box 179.4 i 2328 0.5 11.6 152.9 2.3 3.5
CC-4 Baffle Box-Angel Isles 1st Gen Baffle Box 105.5 691 0.5 3.5 119.7 2.3 2.8
CC-5 Baffle Box-WWTP 1st Gen Baffle Box 11.1 28 03 0.1 2.4 2.3 0.1
-
CC-6 Baffle Box-West Central Boulevard 1st Gen Baffle Box 213.4 2528 0.5 12.6 593.4 2.3' 13.6
CC-7 3 Baffle Boxes-Central Ditch 2nd Gen Baffle Box 248.2 1170 19.05 222.8 255.3 2.3 39.6
CC-8 Street Sweeping Street Sweeping N/A N/A N/A d 433.8 N/A N/A 195.4
100%on-site I
CC-9 Shorewood Drainage Sub-basin
retention; 169.8 1890 100 1890.1 444.4 100 444.4
CC-10A Education Efforts Education Efforts N/A 8,393 3 251.8 1,987.4 3 59.6
CC-106 Education Efforts Blue Life Program N/A 8,393 0.25 21.0 1,987.4 0.25 5.0
CC-11 Manatee Park SW Improvements Wet detention pond 11.1 144 41.30 59.3 37.6 73.8 27.8
CC-12 Banana River Park SW Improvements Dry Retention Swale 5.3 67 60 40.4 17.7 60 10.6
CC-13 Dredging of South Central Ditch Dredging N/A 39.3 N/A 39.3 N/A N/A 9.9
CC-14 Cocoa Palms LID Exfiltration 4.0 55.8 Treatment Train 13.3 13.7 Treatment Train 10.4
CC-15 Holman Pond Wet detention pond 29.2 371.2 9.8 1.4 89.5 41.6 1.4
CC-16 Exftltration at Canaveral City Park Exfiltration 29,2 357.2 74.0 260.6 85.1 74.0 63.0
CC-17 _ West Central Blvd Pond Wet detention pond 334.0 3,6975 38.4 1420.2 848.7 64.6 548.7
CC-18 WWTP Reclamation Tank Reuse N/A 2,151.0 100.0 2151.0 158.0 100.0 158.0
CC-19 Cherie Down Park Dry Retention Pond 2.8 36.5 Treatment Train 27.4 9.7 Treatment Train 8.9
CC-20 Carver Cove Berm Dry Retention Swale 5.6 43.5 Treatment Train 32.1 10.0 Treatment Train 9.2
CC-21 Cape Shores Swales{3) Dry Retention Swale 7.7 77.2 Treatment Train 31.3 18.3 Treatment Train 14.9
CC-22 International Drive Pond Wet Detention Pond 168.1 2,166.6 27.7 600.8 525.2 53.9 2832
CC-23 Justamere Road Swale Dry Retention Swale 1.2 16.9 Treatment Train 5.5 4.2 Treatment Train 3.3
CC-24 Hitching Post Berm Dry Retention Swale 9.1 116.8 4.0 27.1 29.1 4.0 22.1
~
CC-25 Center Street Pond Wet detention pond 106.4 1,416.7 29.2 413.0 346.4 55.0 190.3
CC-26 Holman Road Swale Dry Retention Swale 1.6 25.8 Treatment Train 14.1 6.5 Treatment Train 5.6
CC-27 Dredging of North Central Ditch Phase 2 Dredging 120.6 12.40 N/A 12.4 N/A N/A 3.1
CC-28 Costa Del Sol Pond Dry Retention Pond 2.7 31.67 31.7 10.0 7.91 31.7 2.5
CC-29 Costa Del Sol Denitrification Pond Media Filter 13,0 38.7 Treatment Train 38.7 _ 44.66 Treatment Train 33.7
CC-30 Dredging of North Central Ditch Phase 1 I Dredging 120.6 N/A N/A 4,7 N/A N/A 1.21
Totals 2,045,9 38,2163 8,059.6 8,267.3 2,182.4
Completed project receiving BMAP credits Total Potential Credits 8,059.6 2,182.4
Indicates easement or ROW acquisition required Credits Earned to Date 2,936.0 808.0
" Incudes double counting of acres with BMAP 15 Year Required Reduction 5,909.0 1,468.4
treatment trains
City of Cape Canaveral,FL 4
BMAP Compliance Strategy Report-October 2014
Table 1.2 —Cape Canaveral Proposed BMAP Compliance Plan
--Proje $/Ib of TN TP Removed
w- Removed/Yr* (Ib/yr)
CC-10B Public Ed-Blue Life $ 3,024 21 $144 5.0 $605
WWTP Reclamation
CC-18 Tank $ 1,600,000 2,151 $744 158.0 $10,127
`
CC-26 Holman Road Swale $ 26,250 14 $1,867 5.6 $4,695
Exfiltration at
CC-16 Canaveral City Park $ 950,000 261 $3,645 63.0 $15,079
Dredging of South
CC-13 Central Ditch $ 194,562 39 $4,951 9.9 $19,653
West Central Blvd
CC-17 Pond $ 3,130,252 1,420 $2,204 548.7 $5,705
Totals ►$ 5,901,064 T 3,885 $ 13,412 ® 785 $ 55,259
Remaining BMAP Reductions Required 2,995 665
Excess Credits 890 120
la
City of Cape Canaveral, FL
5
BMAP Compliance Strategy Report—October 2014
(blank coversheet Attachment #2
2014 BMAP PowerPoint Presentation
CITY OF CAPE CANAVERAL
BASIN MANAGEMENT ACTION PLAN COMPLIANCE STRATEGY
(Photo of Butterfly statue at Veteran Memorial Park Cape Canaveral)
(Photo of Manatee statue at Manatee Sanctuary Park Cape Canaveral)
Prepared by
Allen Engineering
Applied Sciences
and
Applied Ecology
LLE1
AppliedScience 2014 Aicring,inc.
INDIAN RIVER LAGOON TM DL SET IN 2009
Basinwide
• 35% - 67% Nitrogen Removal
• 21% - 52% Phosphorus Removal
(photo of Indian River Lagoon island and water)
Brevard County
5,393
4.07
21,950
64,236
42,286
6,342.9
Cape Canaveral
610
4.07
2,483
8,393
5,910
886.5
Cocoa Beach
1,709
4.07
6,956
18,300
11,344
1,701.6
FDOT
474
4,07
1,929
5,076
3,147
472.1
Indian Harbour Beach
1,101
4.07
4,481
11,266
6,785
1,017.8
Patrick Air Force Base
1,729
4.07
7,037
24,468
17,431
2,614.7
Satellite Beach
1,525
4.07
6,207.
16,692
10,485
1,572.8
Agriculture - de minimus
126
4.07
-
702
-
-
Mclbourne - de minimus
4
4.07
-
30
-
-
Port Canaveral - de minimus
53
4.07
-
584
-
-
Tota!
121724
N/A
51,043
149,747
97,388
14,608.2
Brevard County
5,393
0.85
4,584.0
13,774.0
9,190.0
1,378.5
Cape Canaveral
610
0.85
519.0
1,987.4
1,468.4
220.3
Cocoa Beach
1,709
0_85
1,453.0
3,811.5
2,358.5
353.8
FDOT
474
0.85
403.0
1,598.3
1,195.3 °
179.3
Indian Harbour Beach
1,101
0.85
936.0
2,101.2
1,165.2
174.8
Patrick Air Force Base
1,729
0.85
1,470,0
6,459.1
4,989.1
748.4
Satellite Beach
1,525
0.85
1,296_.0
_3,283.9
1,987.9
298.2
Agriculture - de minimus
0
0.85
-
174.5
-
-
Mclbourne - de minimus
0
0.85
-
5.5
-
-
Port Canaveral - de minimus
53
0.85
-
124.2
-
-
Tota!
12,594
N/A
10,661.0
33,319.6
22,354.4
3,353.2
1.
FDEP BMP REMOVAL EFFICIENCIES
Standard BMPs TP%Reduction TN %Reduction
Off-line Retention 0.25"treatment volume 40 40
Off-line Retention 0.50"treatment volume 62 62
Off-line Retention 0.75"treatment volume 75 75
Off-line Retention 1.00"treatment volume 84 84
On-line Retention 0.25"treatment volume 30 30
On-line Retention 0.50"treatment volume 52 52
On-line Retention 0.75"treatment volume 65 65
On-line Retention 1.00"treatment volume 74 74
Reduction from Figure 13.2 given the Reduction from Figure 13.3 given the
Wet detention .onds •ro'ect's residence time .ro-ect's residence time
BMP treatment trains using a combination Use BMP Treatment Train (TT)equation: Use BMP Treatment Train(TT)equation:
of BMPs BMP TT Efficienc = Eff, + 1-Eff, `Eff2 BMP TT Efficienc =Eff1 + 1-Effi "Eff2
D detention 10 10
Baffle box 2.3 0.5
Nutrient baffle box 2nd .eneration 15.5 19.05
Grass swales with swale blocks or raised
culverts Use on-line retention BMPs above Use on-line retention BMPs above
Grass swales without swale blocks or 50%of value for grass swales with swale 50%of value for grass swales with swale
raised culverts blocks or raised culverts blocks or raised culverts
Alum in'ection 90 50
Estimate amount water not discharged Estimate amount water not discharged
Stormwater reuse annual) because used for irrisation. annual! because used for irri.ation.
Stormce•tor 13 2
Continuous deflective separation(CDS)
units 10 Not a.•licable
Determine the dry weight/volume of material
collected annually and multiply by values
provided by the Florida Stormwater
Association(FSA)University of Florida(UF) Determine the dry weight/volume of material
municipal separate storm sewer system collected annually and multiply by values to
Street swee.in. MS4 BMP •ro'ect be .rovided b FSA UF MS4 BMP •ro'ect
Determine the dry weight/volume of material Determine the dry weight/volume of material
collected annually and multiply by values to collected annually and multiply by values to
Catch basin inserts/inlet filters be .rovided b FSA UF MS4 BMP .ro'ect be .rovided b FSA UF MS4 BMP •ro'ect
Se•tic tank .hose out Based on values from ArcNLET model Based on values from ArcNLET model
12 PROJECTS CURRENTLY
RECEIVING BMAP CREDITS
TN Base TN TP Base TP
Project Acres TN Credit TP Credit
Project Name Project Type Load Efficiency Load Efficiency
Number jai Treated (lbs/yr) (lbs/yr)
(lbs/yrilL (%) (lbs/yr) (%)
CC-1 Baffle Box- Holman Road 1st Gen Baffle Box 35.2 _ 416 0.5 2 101.2 2.3 2.3
NM Baffle Box- Center Street 1st Gen Baffle Box 48.2 561 0.5 3 111.5 2.3 2.6
Baffle Box- International
CC-3 Drive 1st Gen Baffle Box 94.7 1361 0.5 7 327.2 2.3 7.5
CC-4 Baffle Box-Angel Isles 1st Gen Baffle Box 73.2 443 0.5 2 49.4 2.3 1.1
CC-5 Baffle Box- WWTP 1st Gen Baffle Box 11.6 55 0.5 0 5.0 2.3 0.1
Baffle Box West Central
CC-6 1st Gen Baffle Box
Boulevard 199.1 2118 0.5 11 488.9 2.3
CC-7 3 Baffle Boxes-Central Ditch 1st Gen Baffle Box 121.6 937 0.5 5 199.6 2.3 4.6
CC-8 Street Sweeping Street Sweeping N/A N/A N/A 427 N/A N/A 192.3
100%on-site
Shorewood Drainage Sub-
CC-9 retention; wet
basin retention ponds 61.9 567 100 567 134.0 1 100 134.0
CC-10 Education Efforts Education Efforts N/A 8,393 MEM 210 1,987.4 Man 49.7
CC 11 Manatee Park SW Wet detention
Improvements pond 42 4.2 2 2.3 6.5 0.1
CC 12 Banana River Park SW
improvements 5.6 21 60 13 1.1 60 0.7
- _- TN (Ibs/yr) TP (lbsfyr
- Total Credit 1,249 I- 406.2
IIM 15%of Required Reduction 1,078.7 IIIIIIIIIIIIIIM 260.4
Reductions Remaining(credits) -170.3 -- -145.8
GIS ONE FOOT CONTOUR COVERAGE
with Aerial GIS image of City
•
Elevation Contours N ,•
City of Cape Canaveral A
1-1 Oily tmi1s 7 17 27 . -
Contours 1ft 8 18 za
Elevation(ft) 9 19 29
0 10 20 30 p
1 11 21 31 .gid .• . -
2 12
3 13 23 -33,
4 14 24 34 - -
5 15 25 35 - -
6 16 26 3aA
i . i . r I 37 .. _
r '
0 0.1 0.2 0.4 Mlles
450 Feet •
Ap ~
'I
..., 1,
Stormwater Inventory Coverage with GIS map
l
A
i - n€
, /
Stormwater Infrastructure \ 7..7: , I . ! I:. / .,,
City of Cape Canaveral
--Cross Sections _-
End Structures -- -
• Manholes A 1n
Inlets t'
Crtches , -.-...»....: It
Evi9iirtg B roe, { '
T papas -..-` i
nExisting BMPs
County Control Structures •
County End Swotures ' . .I. -..' ..
County Manhorea —.- ..._..—.
_. . .., , . Count'Inlets LL.
------ Cony Pkv . .,. ,
ni City Limns
• . . r I I r i 'I i
0 0.1 0.2 04MtIes
rM•.earen - .....
M. i
r j 7-; a .....
.lP ‘ ` —
(Land Use Maps)
2000 VS 2004 LAND USES
__
__ _ III- ,,L
TREATMENT AREAS
Cape Canaveral and Cocoa Beach Parcels Brevard County
(Aerial Map)
REVISED TMDL BOUNDARY
CUSTOM POLLUTANT LOADING MODEL
(Aerial Map of City) iir
,/./ I
21 POTENTIAL NEW PROJECTS
Acres
Project TN Loading TN Credit TP Load
Alter Project Name Project Type Treated
d r ) L1
, s/yr]
CC-10B Education Efforts Blue Life Program N/A 8,393.0 21.0 1,987.4 5.0
Manatee Park SW
CC-11 Improvements Wet detention pond 11.1 143.7 59.3 37.6 27.8
Banana River Park SW
CC-12 Improvements Dry Retention Swale 5.3 67.4 40.4 17.7 10.6
Dredging of South
CC-13 Central Ditch Dredging N/A 39.3 39.3 N/A 9.9
CC-14 Cocoa Palms LID Exfiltration 4.0 55.8 13.3 13.7 10.4
CC-15 Holman Pond Wet detention pond 29.2 371.2 1.4 89.5 1.4
Exfiltration at
CC-16 Canaveral City Park Exfiltration 29.2 MI 260.6 85.1 63.0
West Central Blvd
CC-17 Pond Wet detention pond 334.0 3,697.5 1,420.2 848.7 548.7
WWTP Reclamation
CC-18 Tank Reuse N/A 2,151.0 2,151.0 158.0 158.0
CC-19 Cherie Down Park Dry Retention Pond 2.8 36.5 27.4 9.7 8.9
CC-20 Carver Cove Berm Dry Retention Swale 5.6 43.5 32,1 10.0 9.2
CC-21 Cape Shores Swales Dry Retention Swale 7.7 77.2 31.3 18.3 14.9
MEM International Dr. Pond Wet Detention Pond 168.1 2,166.6 600.8 525.2 283.2
CC-23 Justamere Road Swale Dry Retention Swale 1.2 16.9 5.5 4.2 3.3
CC-24 Hitching Post Berm Dry Retention Swale 9.1 116.8 27.1 29.1 22.1
CC-25 Center Street Pond Wet detention pond 106.4 1,416.7 413.0 346.4 190.3
CC-26 Holman Road Swale Dry Retention Swale 1.6 25.8 14.1 6.5 5.6
Dredging of North
CC-27 Central Ditch Phase 2 Dredging 120.6 12.4 12.4 N/A 3.1
CC-28 Costa Del Sol Pond Dry Retention Pond 2.7 31.7 10.0 7.9 2.5
Costa Del Sal
CC-29 Denitrification Pond Media Filter 13.0 38.7 38.7 44.7 33.7
Dredging of North
CC-30 Central Ditch Phase 1 Dredging 120.6 N/A 4.7 N/A 1.2
Total Potential Credits 2,045.9 38,216.5 8,059.61 8,267.3 2,182.4 4111
Credits Earned to Date 2,936.0 - 808.0
BMAP 15 Year Required Reduction 5,909.0 1,468.4 41*
(Aerial Map)
Proposed Project Map
Proposed Basins, BMP's and Treatments for the City of Cape Canaveral
PROPOSED P STRATEGY
MEETS 15 YEAR GOAL
IIIIIIIIIIIMI
CC-10B Public Ed - Blue Life $ 3,024 21 $144 5.0 $605
WWTP Reclamation
CC-18 Tank $ 1 ,600,000 2,151 $744 158.0 $10,127
CC-26 Holman Road Swale $ 26,250 14 $1,867 5.6 $4,695
Exfiltration at
CC-16 Canaveral City Park $ 950,000 261 $3,645 63.0 $15,079
Dredging of South
CC-13 Central Ditch $ 194,562 39 $4,951 9.9 $19,653
West Central Blvd
CC-17 Pond $ 3,130,252 1,420 $2,204 548.7 $5,705
Totals $ 5,904,088 3,906 $13,556 790 $55,863
Remaining BMAP Reductions Required 2,995 665
Excess Credits 911 125
(Aerial Map)
West Central Ditch Dredging
CC-13 - W. Central Blvd. - Ditch Dredging
Proposed Stormwater Projects
Cape Canaveral - Florida
Allen Engineering, Inc. ww 7
(Aerial Map)
Proposed 2,500,000 Gal. Reuse Tank
Reclaimed Water Tank
CC-18 Reuse Tank
Proposed Stormwater Projects
Cape Canaveral. FL
Allen Eng Inc
(Aerial Map)
City Park Exfiltration
CC-16 City Park
Proposed Stormwater Projects
Cape Canaveral. FL
Allen Eng Inc
(Aerial Map)
West Central Pond
CC-17 - W. Central Blvd. - Wet Pond
Proposed Stormwater Projects
Cape Canaveral. FL
Allen Eng Inc
(Aerial Map)
Holman Swale
CC-26 - Holman Rd. - Dry Pond
Proposed Stormwater Projects
Cape Canaveral. FL
Allen Eng Inc '1.'"-•4;
RECOMMENDATIONS
1 . SUBMIT NEW PROJECTS TO FDEP AT ANNUAL REPORTING
DEADLINE
2. CONTINUE IMPLEMENTATION OF PUBLIC EDUCATION,
STREET SWEEPING, AND PIPE CLEANING PROGRAMS
3. REFINE TMDL BOUNDARY LINE ON EAST CITY LIMITS
QUESTIONS ?
AppliedScience
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Dute: 02/16/2016
Item No. 4
Subject: Approve an Interlocal Agreement between Brevard County and the City of Cape
Canaveral for the provision of a centralized addressing authority and authorize the Mayor to
execute same.
Department: Community Development
Summary: In 1981 and again in 2000, the City of Cape Canaveral entered into an Interlocal
Agreement (ILA) with Brevard County for the assignment of addresses throughout the County
(both incorporated and unincorporated areas) to provide for an effective, comprehensive
countywide 911 emergency telephone system.
As established in the current ILA (2000), City Code Enforcement Staff is responsible for the
following tasks:
1. Provide a copy of all approved site plans,plats, subdivision plans to the County.
2. Provide a copy of any proposed street names to the County for its review.
3. Provide a copy of any correspondence that proposes changes or corrections to addresses
or street names.
4. Request the County to assign an address for each newly recorded plat, approved site
plan, or recorded street name.
5. Provide the County with a copy of any City ordinance relating to an annexation.
6. Provide the County with any City ordinance authorizing addressing.
7. Provide the County with timely updates and corrections of any discrepancies in the
emergency database system.
8. Respond to all citizen telephone/email/walk-in inquiries related to addressing or 911
services.
9. Issue requested address change and/or verification letters.
County Emergency Management Staff has been responsible for the following tasks under the
current ILA:
1. Assign addresses for each newly recorded plat, site plan, or street name in the City.
2. Update the 911 ALI database system and provide mapping and computer updates to the
City.
3. Notify the City of any discrepancies with 911 addressing in the City.
In an effort to further standardize and update the County's 911 system, Brevard County has
prepared the attached ILA. The notable revision is that the ILA provides the City with the ability
to contract with Brevard County so that they assume all addressing responsibilities within the
City limits. Specifically, that the County will be responsible for its currently assigned tasks (see
above), plus the following:
1. Assign an address to utility equipment.
2. Respond to all citizen telephone/email/walk-in inquiries related to addressing or 911
services.
City Council Meeting Date: 02/16/2016
Item No.
Page 2 of 2
3. Issue requested address change and/or verification letters.
4. Notify all external concerned agencies of new/updated addresses.
5. Provide new/revised street names for any public or private streets in the City.
6. Provide City and/or developer with a copy of recorded plats and site plans with addresses
indicated thereon.
7. Conduct site visits as needed.
8. Process submitted annexations to update addresses.
9. Process submitted street vacations.
Under the proposed ILA, the City would still be responsible for providing the County with
information related to new plats, site plans, etc. The City would pay an annual fee of$2,874
(which is .29 cents per resident) to Brevard County for the provision of the expanded services.
The term of the ILA will end on September 30, 2020, with automatic renewals every 5 years.
Either party may terminate the ILA with 60 days written notice. The majority of the County's
municipalities have approved the ILA, with the following having transferred their addressing
services to the County:
1. Cocoa Beach
2. Grant-Valkaria
3. Palm Shores
4. Satellite Beach
5. Titusville
6. West Melbourne
The City Attorney's office reviewed the ILA and determined that, from a legal perspective, it is
sufficient. Staff is recommending that the ILA be approved to ensure a comprehensive, county-
wide 911 system and to allow Code Enforcement Staff to focus on their core work assignment.
Submitting Department Director: David Dickey Date: 2-5-16
Attachment: Interlocal Agreement
Financial Impact: $2,874 funded by the General Fund for proposed annual fee. Staff time to
prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2-4-16
The City Manager recommends that City Council take e following actions:
Approve the Interlocal Agreement.
Approved by City Manager: David L. Greene Date:2-5-16
INTERLOCAL AGREEMENT
BETWEEN
BREVARD COUNTY, FLORIDA
AND
THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING A
CENTRALIZED ADDRESSING AUTHORITY
THIS INTERLOCAL AGREEMENT, entered into this day of
, by and between the BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
hereinafter referred to as the "County," and THE CITY OF CAPE
CANAVERAL, FLORIDA, a municipal corporation created under the Laws of
Florida,hereinafter referred to as the "City."
WHEREAS, the purpose of this Interlocal Agreement is to establish a coordinated
process for the assignment of addresses throughout the County (both incorporated and
unincorporated areas) to provide for an effective countywide Automatic Location
Identification Database for the 9-1-1 emergency telephone system;
WHEREAS, the Board of County Commissioners of Brevard County, Florida in
regular session on August 21, 1980, issued a letter of intent that allowed Southern Bell
Telephone and Telegraph Company (a.k.a. BellSouth/AT&T) to proceed with the
implementation of the enhanced emergency telephone system for Brevard County,
Florida:
WHEREAS, this emergency telephone system, known as the "Enhanced 911
Telephone System" was implemented in the incorporated and unincorporated areas of
Brevard County;
WHEREAS, the County and City have previously entered into various Interlocal
Agreements, dated 12/03/81, 03/14/00, and/or 07/24/07 , providing for the exchange
of information necessary to implement and maintain the emergency telephone system
throughout Brevard County;
WHEREAS, the parties wish to replace all current Interlocal Agreements with the
various Cities by executing this new agreement;
WHEREAS, the City has the option in this Agreement to handle all addressing
responsibilities for the City or to delegate responsibility for assigning addresses to
properties within the City's jurisdiction to the County (which includes the responsibility
for coordinating with developers and property owners);
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WHEREAS, in order to effectively maintain the accuracy and consistency of the
countywide Automatic Location Identification (ALI) Database used with the emergency
telephone system and to avoid addressing duplication and confusion, certain address
information approved and under the control of the City shall be transmitted to the County
and the City hereby authorizes the County to coordinate addressing information; and
WHEREAS, the County and the City have determined that it is in the best interest
of the health, safety and welfare of all citizens of and visitors to Brevard County to enter
into this Interlocal Agreement.
NOW THEREFORE, it is agreed between the County and the City as follows:
1. TERM AND RENEWAL: The Term of this Agreement shall begin on
March 1, 2016 and end on September 30, 2020; however, the Agreement
shall automatically renew for an additional 5 years unless either party
gives the other party at least sixty (60) days advance written notice of its
intent to terminate the agreement at the end of the then existing term.
2. SCOPE OF SERVICES:
2.1 The City and County hereby agree to mutually cooperate in exchanging
information and data in order to allow the County to properly and
effectively update the Enhanced 911 ALI Database and the E911 Mapping
System which is maintained by Brevard County for Brevard County,
Florida, its municipalities and emergency responders, etc.
2.2 The City shall provide the necessary addressing information, as further
provided herein,to the County prior to the permanent assignment or change
of street names within the City allowing the County to review and provide
comment to the City to avoid addressing duplication and confusion in the
same geographic/community area.
2.3 The City may request the County, through the E911 Addressing Section
(hereafter referred to as the 'Section'), to assume the addressing
responsibilities for the City.
(A) Such request shall be submitted in writing to the Brevard County
Emergency Management Department, E911 Administration Office, E911
Addressing Section at 2725 Judge Fran Jamieson Way, Suite C201, Viera,
Florida 32940.
(B) The County agrees to assume addressing responsibilities for the City,
if requested to do so by the City in writing, subject to the City paying the
County the annual addressing fee (as billed by the County) and providing
all requested information needed by the County to perform the addressing
function.
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2.4 The parties agree that the structures requiring addresses include:
Residential structures
Commercial structures
Utility equipment/cabinets
Lift stations
Docks
Boat houses
Communications towers
Subdivision lighting
Development fencing/signage/gates
Development recreational facilities
Accessory structures (barns, sheds, garage/apartments)
3. ADDRESSING:
3.1 CITY RESPONSIBILITIES (generally):
(A) Submit to the County one copy of each of the following documents for
the purpose of proper identification and location of addresses within the
E911 ALI Database:
(i) Any City Ordinance/Resolution currently authorizing/regulating
addressing.
(ii) Any future amendments to such ordinances.
(iii) Any City Ordinance or regulation relating to Annexation or
Detachment of property.
(iv) Any City Ordinance/Resolution relating to roadway vacating.
(v) Any correspondence related to numbering or renumbering of private
or public streets located within their municipal boundaries.
(vi) Will notify the City agencies needing access to updated/new addresses
of new addresses that have been assigned to individual properties, to newly
recorded plats, because of change due to street naming and/or renaming, by
owner request or for 911 purposes.
3.2 CITY PERFORMS ADDRESSING FUNCTION:
(A) CITY RESPONSIBILITIES:
(i) Assign and/or change addresses within the City jurisdiction, along with
all notification correspondence and provide assistance to all inquiries
(phone/email/walk-in customers) made directly to the City or forwarded by
the Section.
3
(ii) Notify all external concerned agencies on the Concerned Agencies List
(see paragraph 4.2(B)), in addition to their City internal agencies, of new,
updated or changed addresses.
(iii) Submit to the County, or require applicants for street names within the
City to submit to the County, prior to any permanent assignment of street
names, all subdivision plans and/or site plans regarding development
projects within its municipal boundaries.
(iv) Submit to the County for review and comment any and all addresses
proposed for assignment by the City in order to avoid addressing
discrepancies.
(v) Provide any proposed street names for private or public streets located
within the City's municipal boundaries for review and approval by the
County.
(vi) Require all private streets located within all mobile home parks,
condominium complexes and/or business complexes to be named and
proper documents recorded with the Clerk of the Courts.
(vii) Provide the County with copies of any correspondence that propose
changes or corrections to the addresses or street names within their
municipal boundaries.
(B) COUNTY RESPONSIBILITIES:
(i) County directs all persons who contact the County about any addressing
issues within the City to the City.
(ii) The County will notify the City in writing of any discrepancies in the
naming or numbering of streets located within their municipal boundaries
for the purpose of verification and correction.
3.3 COUNTY PERFORMS ADDRESSING FUNCTION:
(A) CITY RESPONSIBILITIES: In addition to the information to be
provided under paragraph 3.1, above, the City will perform as follows:
(i) Provide the Section any and all documents pertinent to new
subdivisions, site plans and/or preliminary annexations submitted to the
City for review and comment.
(ii) Submit to the Section for review and approval any and all street names
submitted for use within said municipal boundaries.
(iii) Submit all newly recorded subdivisions and approved site plans to the
Section for addressing.
4
(B) COUNTY RESPONSIBILITIES:
(i) Assignment of all addresses to individual properties.
(ii) Assignment of all addresses to utility equipment.
(iii) Assignment of all addresses to and within subdivision plats (residential
and commercial).
(iv) Assignment of all addresses to commercial site plans.
(v) Provide the City and Developers a copy of the recorded subdivision
plat and/or approved site plan with addresses indicated thereon, along with
an address table, if applicable.
(vi) Issue any necessary address change and/or verification letters.
(vii) Conduct site visits as necessary.
(viii) Produce street naming/renaming (includes resolution, mapping,
recording and issuing all necessary correspondence).
(ix) Respond to all telephone/email/walk-in inquiries received from the
City or citizens and perform any necessary research to respond.
(x) Process submitted annexations completed by City; update County
records.
(xi) Process submitted vacatings completed by City; update County
records.
(xii) Notify all external concerned agencies on the Concerned Agencies
List (see paragraph 4.2(B)) needing access to updated/new addresses listed,
in addition to the City, of any new addresses that have been assigned to
individual properties or to newly recorded plats or are changed due to street
naming and/or renaming or by owner request or for 911 purposes. The
County will update this agency list from time to time as needed, advise the
City of the updates and make this list available on-line through its website.
4. ALI DATABASE and 911 MAPPING SYSTEM:
4.1 CITY RESPONSIBILITIES:
(A) Cooperate with the maintenance of the E911 ALI Database by providing
for the timely updates and corrections of any addressing discrepancies
located in the ALI Database or errors located in the mapping system and/or
errors located in any Annexation, Detachment or Ordinance submitted by the
City.
5
(B) Respond to the County in writing within ten (10) working days from
receipt of written notice (paragraph 4.2(C) below) from the County of any
discrepancies in the naming or numbering of streets in the City.
(C) The City agrees to be responsible for any or all errors within the ALI
Database System that are not resolved or corrected by the City within the
(10) working days from the receipt of notice or within the approved grant
extension time frame as provided for below.
(D) Upon correction and recording of any and all City Annexations,
Detachments, Ordinances or Resolutions, the City shall provide a recorded
copy of the revised document to the County E911 Addressing Section in a
timely manner.
4.2 COUNTY RESPONSIBILITIES:
(A) Maintain and update the addresses in the ALI Database System and 911
Mapping System (the Systems) and the County's Property Management
System, along with regular updated addressing information to the Property
Appraiser and the Supervisor of Elections for use in the records/databases of
those offices.
(B) Maintain and revise as needed the "Concerned Agencies List" which
includes all agencies/entities needing access to the updated Systems.
(C) Notify the City in writing of any discrepancies the County identifies in
the naming or numbering of streets located within the City's municipal
boundaries for the purpose of verification and correction in order to avoid
duplication and confusion.
(D) Upon written notice from the City indicating an error cannot be resolved
within the approved time frame, the Brevard County E911 Addressing
Section may grant an extension on a case-by-case basis.
(E) Process annexations and vacatings submitted by the City, including
incorporation of address changes into the Systems.
(F) Provide maps and mapping updates to the City on an 'as requested'
basis.
5. FEES:
5.1 CITY RESPONSIBILITIES:
(A) Remit an annual 911 Addressing fee to the County by October 1 for the
upcoming fiscal year if the City requests the County to assume Addressing
responsibilities for the City.
6
(B) Require the Developer to pay the fee set per address for newly recorded
plats for 911 address assignment to the Section in order to defer the
administrative cost of this function.
(C) Require the Developer or Citizen to pay fees to the Section should the
City request the E911 Addressing Section to provide street naming or
renaming or address change notification services.
(D) All fees provided for herein as set by Resolution shall be made payable
to the Brevard County Board of County Commissioners and sent to the
attention of:
Brevard County Board of County Commissioners
Attn: E911 Addressing Section
2725 Judge Fran Jamieson Way
Suite C201
Viera, FL 32940
(Any change in the address of the Section shall be made to the City in
accordance with paragraph 8.).
(E) Require the Developer to pay said fees directly to the Section at the time
address assignment is completed and available for use.
5.2 COUNTY RESPONSIBILITIES:
(A) Adopt fees by Resolution for the services as provided for in Section 5.1
above. The County may revise the fees from time to time.
(B) Notify the City of any proposed change to the annual 911 addressing fee
Section 5.1 (A) no less than six months prior to September 30, in order for
the City to consider the fee as part of its budgetary process for the next fiscal
year.
(C) The County will advise the City from time to time of any changes to fees
charged to the City or Developers or citizens for various addressing services
provided by the County.
6. MODIFICATIONS TO AGREEMENT: Other than as previously approved,
this Agreement, together with any exhibits, task assignments and schedules
constitute the entire Agreement between the County and the City and supersedes
all prior written or oral understandings. This Agreement and any exhibits, task
assignments and schedules may only be amended, supplemented or canceled by a
written instrument duly executed by the parties hereto.
7. INDEPENDENT CONTRACTOR: City and County are independent
contractors under this Agreement. Services provided by City pursuant to this
agreement shall be subject to the supervision of City and services provided by
County pursuant to this Agreement shall be subject to the supervision of County.
7
In providing such services, the City, its officers, employees, or agents are not
authorized to and shall not act as officers, employees, or agents of County and the
County, its officers, employees, or agents are not authorized to and shall not act as
officers, employees, or agents of City. This Agreement shall not constitute or make
the parties hereto a partnership or joint venture.
8. NOTICE: Documentation, notices, changes in addresses or representatives of
the parties shall be made by providing notice as follows:
To the City:
City Clerk
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, FL 32920
To the County:
Brevard County Emergency Management Department
E911 Administration Office, E911 Addressing Section
2725 Judge Fran Jamieson Way, Suite C201
Viera, FL 32940
9. GOVERNMENTAL IMMUNITY. The City is a municipality as defined in
Section768.28, Florida Statutes, and agrees to be responsible for acts and
omissions of its agents or employees when required by law. Nothing herein is
intended to serve as a waiver of sovereign immunity by the City to the extent
sovereign immunity may be applicable. Nothing herein shall be construed as
consent by the City to be sued by third parties in any matter arising out of this
Agreement or any other contract. Likewise, the County is a political subdivision of
the State of Florida, as defined in Section 768.28, Florida Statutes, and agrees to be
responsible for acts and omissions of its agents or employees when required by
law. Nothing herein is intended to serve as a waiver of sovereign immunity by the
County to the extent sovereign immunity may be applicable. Nothing herein shall
be construed as consent by County to be sued by third parties in any matter arising
out of this Agreement.
10. ATTORNEY'S FEES/COSTS; NON-JURY TRIAL: In the event of litigation
to enforce the terms of this agreement, each party shall be responsible for its own
costs and attorney's fees. Any trial to enforce or interpret the terms of this
agreement should be non jury.
8
This Agreement shall be deemed to have been entered into under the provisions of
Section 163.01, Florida Statutes, "the Florida Interlocal Cooperation Act of 1969,"
and shall be effective upon filing with the Clerk of the Circuit Court, Brevard
County pursuant to Subsection 11 of said Act.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
Scott Ellis, Clerk Robin Fisher, Chairman
Brevard County Board of County Commissioners
As Approved by the Board on
ATTEST: City/Town of
City/Town Clerk Mayor or(his/her designee)
9
[City Seal]
City of Cape Canaveral
City Council Agenda Form City Council Meeting Date: 02/16/2016
Council Meeting Date: 2-16-16
Item No. 5-
Subject: Resolution No. 2016-01; altering the speed limit on North Atlantic Avenue; providing
for installation of speed limit signs; providing for repeal of prior inconsistent resolutions,
severability; and an effective date.
Department: Public Works Services
Summary:The City of Cape Canaveral(City)contracted with Luke Transportation Engineering
Consultants (LTEC) to conduct a Speed Study (Study) of the North Atlantic Avenue corridor
from State Road AlA to the northern City limits near George King Boulevard in Port Canaveral.
The purpose of the Study was to provide options for modifying the current speed limit of 35
miles per hour(mph)and to be consistent with the City's Vision Statement for the North Atlantic
Avenue corridor.
City Study Methods and Results. As part of the City Study, two, 24-hour bi-directional speed
counts were conducted on November 11, 2015. The speed count locations were as follows:
• Approximately 120 feet north of Madison Avenue; and
• Approximately 180 feet north of Shorewood Drive.
The Madison Avenue location was located in a commercial area where the two-lane roadway is
22 feet wide with a number of business driveways. Moderate bicycle/pedestrian traffic is present
in this area. The Shorewood Drive location was located in a transitional area from residential to
industrial with a roadway width of 20 feet. In addition to moderate pedestrian/bicycle traffic,
this section of the roadway includes a bus stop for northbound buses, access driveways for an
oil storage terminal (tanker truck traffic), driveways for mobile home parks and a pedestrian
crosswalk. Based on review of the speed count data collected, the average speed on North
Atlantic Avenue is 27 mph in the southern commercial area and 35 mph in the northern
transitional area.
Determination of Speed Limit. According to 2015 Florida Statutes Section 316.18,
Establishment of municipal and county speed zones, any alteration and posting of speed limits
on municipal streets and roads, should be based upon an engineering and traffic investigation
that determines such a limit is reasonable. Altered speed limits established solely on the basis of
individual or group opinions are considered contrary to the intent of the statute.
Upcoming improvements to North Atlantic Avenue are anticipated to decrease speeds in both
sections of the corridor. These improvements are part of the North Atlantic Avenue Streetscape
Project and include:
• 10-foot wide pedway along the western side of the roadway(connects to Port Canaveral
Bike Trail System);
• New sidewalk along the eastern side of the roadway;
• Bio-swales along both sides of the road to include drainage swales and extensive
vegetation; and
• Improved lighting with solar-powered street lights.
Since this Project will increase pedestrian/bicycle traffic in the northern transitional zone as well
as the southern commercial area of North Atlantic Avenue, LTEC's Study indicates that a
City Council Meeting Date: 02/16/2016
Item No. 5
Page 2 of 2
decrease in the speed limit to 25 mph for the entire corridor is reasonable and justified. (NOTE:
The speed limit in the entire corridor will be reduced to 25 mph during the construction of the
North Atlantic Avenue Streetscape Project. This Project was initiated the first week of February
and should be completed within eight months.)A reduced speed limit to 25 mph will (1)improve
both pedestrian and bicyclist safety, (2) act as a calming device for vehicular traffic, (3) match
the speed limit on other City streets, (4) match the speed limit on other "complete streets"
projects in Brevard County and (5) meet the recommendation of the Brevard County
Transportation Planning Organization for "complete streets". Lowering of the speed limit also
meets several of the goals of the 2010 Envision Cape Canaveral Report including:
• "A bike-able and walk-able Cape Canaveral that retains and enhances its residential feel,
characterized by low-rise buildings not more than four stories in height. This residential
and business friendly atmosphere is one of a live-able, attractive, safe, secure and
sustainable coastal community that embraces the beach and riverside as the main
amenities, and supports local culture and education."
• "Our improved "complete streets" will allow us to calmly travel to intimate waterfront
destinations and a walk-able downtown core. Multi-use paths lined with shade trees
should be wide enough for bikes and pedestrians and lighted so anyone can walk or
bicycle safely anywhere in town, day or night."
Resolution No. 2016-01 adopting the lower speed limit is included as Attachment #1; key
portions of the Speed Study Report are included as Attachment #2.
Submitting Department Director: Joyce Muse Date: 2-4-16
Attachments: Attachment #1 - Resolution No. 2016-01; Attachment#2 - Cape Canaveral
Speed Study
Financial Impact: Staff time to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 2-4-16
The City Manager recommends that City Council to he following action:
Adopt Resolution No. 2016-01.
Approved by City Manager: David L. Greene Date: 2-5-16
Attachment #1
Resolution No. 2016-01
RESOLUTION NO. 2016-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ALTERING THE SPEED LIMIT ON NORTH ATLANTIC
AVENUE; PROVIDING FOR INSTALLATION OF SPEED
LIMIT SIGNS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under section 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to sections 316.006(2)(a), 316.008(1)(j), and 316.189(1), Florida
Statutes, the City is authorized to alter or establish speed limit regulations after conducting an
investigation, and,the City may place and maintain traffic control devices upon City streets; and
WHEREAS,section 316.189,Florida Statutes,provides that a municipality may set speed
zones altering the speed limit, both as to maximum and minimum, after an investigation
determines such a change is reasonable and in conformity to criteria promulgated by the
Department of Transportation; and
WHEREAS section 316.006(2)(a),Florida Statutes,provides that the City may place and
maintain such traffic control devices which conform to the manual and specifications of the
Department of Transportation upon all streets located in the boundaries of the City over which the
City has original jurisdiction,as the City may deem necessary to regulate traffic; and
WHEREAS, on November 11, 2015, a traffic study investigation ("Speed Count Study")
was conducted, including two (2) twenty-four (24) - hour bi-directional speed counts on North
Atlantic Avenue, and subsequently evaluated, by Luke Transportation Engineering Consultants
("LTEC") relative to the potential for altering speed limits on North Atlantic Avenue; and
WHEREAS,the LTEC conducted the aforesaid investigation in conformance with section
316.189,Florida Statutes,by using the criteria and procedure set forth in the U. S. Department of
Transportation's publication entitled "Manual on Uniform Traffic Control Devices," which is
incorporated by reference and for use by the Florida Department of Transportation; and
WHEREAS,the City Council hereby finds that the results of the investigation,as provided
to the City in the attached study and memorandum as provided by LTEC, are reasonable and
therefore,hereby accepts and adopts the findings of said investigation for purposes of altering the
speed limit set forth in this Resolution; and
WHEREAS, the City Council hereby finds that this Resolution is in the best interests of
the public health, safety and welfare; and
City of Cape Canaveral
Resolution 2016-01
Page 1 of 2
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 hereby fully incorporated herein by this
reference as findings of the City Council and are deemed a material part of this Resolution.
Section 2. Adoption of Altered Speed Limit. The City Council hereby adopts the Speed
Count Study, and related memorandum, attached hereto as ATTACHMENT "1", which
recommends that speed limits on North Atlantic Avenue should be posted at 25 miles per hour.
The City Council further adopts as the maximum speed limit for North Atlantic Avenue as 25
miles per hour. The Speed.Count Study is hereby deemed fully incorporated into this Resolution
by this reference.
Section 3. Installation of speed limit signs. Speed limit signs reflecting the altered
maximum speed limit of 25 miles per hour shall be placed on North Atlantic Avenue.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. 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 portions of this Resolution.
Section 6. 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 16'' day of February,2016.
ATTEST: Robert Hoog,Mayor
Angela Apperson, MMC
City Clerk
Name For Against
John Bond _
Mike Brown
Robert Hoog
Brendan W. McMillin
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2016-01
Page 2of2
Attachment #2
Cape Canaveral Speed Study
Ltec
Luke
ransportation
engineering on transportation engineering+planning
consultants
MEMORANDUM
TO: Ms. Joyce Muse
FROM: Mr. Joseph T. Roviaro, AICP
DATE: February 2, 2016
RE: City of Cape Canaveral: North Atlantic Avenue Speed Counts
(LTEC Na 15-4701)
The purpose of this memorandum is to provide the documentation of the current average
speed on North Atlantic Avenue in the City of Cape Canaveral and to provide options for
modifying the current speed 35 mile per hour (mph) limit. Two 24-hour bi-directional
speed counts were conducted on November 11, 2015. Figure 1 shows the speed study
locations. The two study locations are:
• North Atlantic Avenue — approximately 120 feet north of Madison Avenue
• North Atlantic Avenue - approximately 180 feet north of Shorewood Drive
The southern count location (near Madison Avenue) is located in a commercial area
where the two-lane roadway is 22 feet wide with a number of business driveways. A traffic
signal is located 375 feet south of the count location and 1,185 feet north of the count
location.
The northern count location (near Shorewood Drive) is located in the transitional area
from residential to industrial and the two-lane roadway is 20 feet wide. An all-way Stop
is located 1,260 feet south of the count location and a traffic signal is located 1,165 feet
north of the count location. A continuous sidewalk is located along both sides of North
Atlantic Avenue between George King Boulevard and SR MA.
Other existing features,at the north end of North Atlantic Avenue,which may affect driver
perceptions of the roadway are; the approximate 45-degree curve from George King
Boulevard; a bus stop for northbound buses, access driveways for the oil storage terminal
which accommodates large tanker trucks; a pair of access driveways for a mobile home
park; a pedestrian crosswalk; and a driveway for the Space Coast Seafarers Ministry-
Baptist Church.
15-4701 Cape Canaveral Speed Study Feb 2,2016 Page 1 of 57
[mailing address) pc)box 941556 maitland Florida 32794 1556 • 29 east pine street Orlando Florida 32801 [phone] 407 423 8055 fax 407 423 8022
Luke Transportation Engineering Consultants
North Atlantic Avenue is currently under reconstruction to be consistent with the City's
vision for the study roadway. The stated vision: North Atlantic Avenue will be defined
as the City's landmark street with historical,signage, artwork and other significant and
beautification features for visitors, residents, tourists, bicyclists, and others to enjoy.
The beautification of the City roadway will serve as a key milestone in support of the City's
vision and when completed will have new signage stating"Welcome to Cape Canaveral...
Drive with extreme care"; interpretive panels and art work will be displayed; the
pedestrian crosswalk pavement marking will be replaced with the ladder configuration
and will be more visible; the road will intersect the Port bike path; the existing sidewalk
will be enhanced; and other street calming elements will be implemented along the entire
stretch of North Atlantic Avenue.
Determining The Speed Limit
Vehicle speed information-was collected for both directions by 15-minute period.
Summaries of the speed measurement counts, collected at the study roadway locations,
are included in Appendix A. Table 1 presents the results of the November 11, 2015 data
collector effort. Copies of the count summaries are in the attached Appendix.
Following the criteria provided by the Florida DOT March 2010 Speed Zoning for
Highway, Roads&Street manual, the 85th percentile speed is defined as the speed at or
below which 85 percent of the observed free-flowing vehicles are traveling. The 10 mph
pace is defined as the 10 mph range containing the highest number of such vehicles
contained in the study sample data.
Based on a review of the traffic speed counts,the two-way average speeds documented for
the two study locations, are within the posted speed limit of 35 mph. The southern count
location, located adjacent to the commercial area, has a two-way 85th percentile speed of
33 mph which is within the posted speed limit of 35 mph. However, the northern study
location in the transitional area has a two-way 85th percentile speed of 42 mph, which is
in excess of the posted 35 mph speed limit. This is due to 68.2%of the northbound drivers
exceeding the posted speed limit verses 9.7% of the southbound drivers. An explanation
of this may be the perception of the northbound drivers leaving the residential area and
entering the industrial area,while the southbound drivers are aware that they are entering
a residential area.
A review of the 10 mph pace spread indicates that for the critical directions; northbound
for the southern count location and southbound for the northern count location, the 10
mph pace is within the 85th percentile speed of the posted speed limit. The northbound
direction for the southern count location 10 mph pace is 26 mph to 35 mph and the
southbound direction for the northern count location 10 mph pace is also 26 mph to 35
mph.
A speed limit should not differ from the 85th percentile speed or upper limit of the 10-
mph pace by more than 3 mph and it shall not be less than 8 mph. A speed limit of 4 to 8
15-4701 Cape Canaveral Speed Study Feb 2,2016 Page 2 of 57
[mailing address] po box 941556 maitiand florida 32794 1556 • 29 east pine street orlando florida 32801 [phone] 407 423 8055 [tax] 407 425 0:122
Luke Transportation Engineering Consultants
mph less than the 85th percentile speed shall be supported by a supplemental
investigation, which identifies the following:
• There are road or roadside features not readily obvious to the normally prudent
driver, such as length of section, alignment, roadway width, surface condition,
sight distance, traffic volume, crash experience, maximum comfortable speed in
curves, side friction (roadside development), signal progression, etc., or;
• Other standard signs and markings have been tried but found ineffective
Field investigations of citizen complaints of speeding on city streets often reveal that very
few,if any, speed limit signs are in-place. Enforcement without the posting of speed limit
signs is not defensible. For this reason, streets must include speed limit signing. In
addition,the installation of speed limit signing will function as a constant reminder of the
roadway's speed limit.
According to 2015 Florida Statutes Section 316.189; Establishment of municipal and
county speed zones, any alteration and posting of speed limits on municipal streets and
roads,should be based upon an engineering and traffic investigation that determines such
a limit is reasonable. Altered speed limits established solely on the basis of individual or
group opinions are considered contrary to the intent of the statute. A copy of the pertinent
sections of the statute are attached.
Section 2B-13 of the Manual of Uniform Traffic Control Devices (MUTCD), states
"Speed zones (other than statutory speed limits) shall only be established on the basis of
an engineering study that has been performed in accordance with traffic engineering
practices. The Speed Limit (R2-1) sign shall display the limit established by law,
ordinance, regulation, or as adopted by the authorized agency based on the engineering
study. The speed limits displayed shall be in multiples of 10 km/h or 6 mph. Speed Limit
(R2-1) signs, indicating speed limits for which posting is required by law, shall be located
at the points of change from one speed limit to another."
Speed Limit Options
The results of the data collection effort provide that the critical direction average speed
on North Atlantic Avenue is 29 mph in the commercial area, and 3o mph in the
transitional area, while the 85th percentile speeds in these same locations, respectively,
are 34 mph and 34 mph. The critical directions 10 mph pace has a spread of 26 mph to
35 mph. Thus, a posted speed limit of 25 mph would be valid because the maximum
observed 85th percentile speed (34 mph) falls within the upper limit of the 10 mph pace.
In addition, based on the proposed enhancements to the study roadway, the 85th
percentile speed in the transitional area (the north section of North Atlantic Avenue) is
expected to decrease and be similar to the speed observed for the south section of North
Atlantic Avenue. The option proposed is based upon both the aforementioned
information, including a review of existing features (which, as previously noted herein,
2 5-4701 Cape Canaveral Speed Study Feb z,2016 Page 3 of 57
[mailing address) po box 941 S5t) maitlani floe ida 32794 1556 • 29 east pine ti-eel cct undo not da 32801 !phone] 407 423 8055 [fax] 401423 b022
Luke Transportation Engineering Consultants
may affect driver perceptions of the roadway), and, proposed plans for North Atlantic
Avenue.
Therefore, the following option is proposed:
• The statutory speed limit for North Atlantic Avenue should be posted as 25 mph.
In order to enforce this change in the speed limit signing, the following should be
implemented:
• A southbound speed limit sign should be installed near the "Welcome to Cape
Canaveral"sign.
• Supplementary speed limit signs should be installed after major cross streets (or
intersections),and at any location where the speed limit changes,to remind drivers
what the posted speed limit is.
• In order to ensure compliance with the posted speed limit,an increase in the speed
enforcement program will be required.
• As an aid to the proposed posted speed limit change, Radar Speed Display Signs
may be utilized to alert drivers to their speed.
If you have any questions, please call.
15-47W Speed Study Feb 2,2016 Page 4 of 57
Hailing address) pc)box 941556 maitiand florida 32794 155E • 29 east pine sneer orlando Florida 32801 [phone] 401423 8055 (fax] 40' ;0022
Luke Transportation Engineering Consultants
(Aerial Map)
Ltec
North Atlantic Ave - Cape Canaveral, FL
Speed Limit Analyis
Study Location
Fig 1
Page 5 of 57
Luke Transportation Engineering Consultants
TABLE 1
November 11,2015 Data Collection Summary
North of Madison Avenue I North of Shorewood Drive
Two-Way Two-Way
Northbound Southbound Total Northbound Southbound Total
Speed Counts
Average Speed(mph) 28.74 25.70 27.24 38.10 30.35 34.53
85th Percentile Speed(mph) 33.79 31.21 32.99 43-94 34.45 41.77
10 mph Pace Spread 26 to 35 21 to 30 2110 30 311040 26 to 35 31 10 40
Vehicle Counts
ADT 4,253 4,147 8,40o 1,971 1,678 3,649
AM Peak 265 312 577 164 8o 244
PM Peak 385 349 734 159 235 394
Classification Counts Volume Volume a Volume a Volume % Volume X Volume %
Motorcycle 62 36 0.9% r 98 1.2% 9 o.5% 14 0.8% : 23 0.6%
Passenger Cars 3,172 74.6% 3,558 85.8% 6,730 80.1% 991 50.3% 1,433 85.4%• 2,424 66.4%
Pickups 907 21.3% 480 11.6%` 1,387 16.5% 735 37.3% 210 12.5% 945 25.9%
Buses 17 0.4% 9 0.2% ' 26 0.3% 26 1.3% 2 0.1% 28 0.8%
Single Unit-2 Axel 78 1.8% 39 0.9% 117 1,4% 187 9.5% 11 0.7% 198 5.4%
Single Unit-3 Axel 3 0.1% 9 0.2% 12 0.1% 7 0,4% 3 0.2% 10 0.3%
Single Unit-4 Axel o o.o% 2 0.0% 2 0.0% 0 o.o% 0 o.o% 0 0.0%
Tractor Trailer-3/4 Axel 7 0.2% 9 0.2% b16 0.2% 13 0.7% 3 0.2% . 16 0.4%
Tractor Trailer-5 Axel 2 0.0% 2 0.0% r 4 0.0% 2 0.1% 1 0.1% 3 0.1%
Tractor Trailer-6/7 Axel o 0.0% o 0.0% - 0 0.0% 0 o.o% 0 0.0% o o.o%
Multi-Trailer-5 Axel o 0.0% 0 0.0% " 0 0.0% o 0.0% o 0.0% ' 0 0.0%
Multi-Trailer-6 Axel 0 0.0% o o.o% ' 0 0.0% o o.o% o 0.o% ' o o.o%
7 or More Axles o o.o% 0 0.0% r 0 0.0% 0 0.0% 0 0.0% 0 0.0%
Other-Unknown s 5 o.1% 3 °a% 8 0.1% 1 o.195 1 0.1% ' 2 0.1%
ADT Total4,253 4,147 8,400 1,971 1,678 3,649
24T+B . 107 2.5% 70 1.7% 177 2.1% 235 11.9% - 20 1.2% 255 7.0%
24T 90 2.1% 61 1.5% 151 1,8% r 209 10.6%r 18 1.1% 227 6.2%
2411 r 12 0.3% 22 0.5% 34 0.4% 22 1.1% 7 0.4% 29 0.8%
24M 95 2.2% 48 1.2% 143 1.7% 213 10.8% 13 0.8% 226 6.2%
DHT 54 1.3% 35 0.8% 89 1.1% 118 6.0% 10 0.6% 128 3.5%
DH2 48 ' 1.1% 24 0.6% 72 0.9% 107 5.4% 7 r 0.4% 113 3.1%
DH3 6 0.1% 349 0.3% 734 0.2% 159 0.6% 235 0.2% 394 0.4%
Luke Transportation Engineering Consultants.Inc.,moth
15-4701 Cape Canaveral Speed Study Feb 2,2016 Page 6 of 57
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Luke Transportation Engineering Consultants
Appendix
2015 Florida Statutes
Chapter 316
316.189 Establishment of municipal and county speed zones.—
(1) MUNICIPAL SPEED.—The maximum speed within any municipality is 30 miles
per hour. With respect to residence districts, a municipality may set a maximum speed
limit of 20 or 25 miles per hour on local streets and highways after an investigation
determines that such a limit is reasonable. It shall not be necessary to conduct a
separate investigation for each residence district. A municipality may set speed zones
altering the speed limit, both as to maximum, not to exceed 6o miles per hour, and
minimum,after investigation determines such a change is reasonable and in conformity
to criteria promulgated by the Department of Transportation, except that no changes
shall be made on state highways or connecting links or extensions thereof, which shall
be changed only by the Department of Transportation.
(3) POSTING OF SPEED LIMITS.—All speed zones shall be posted with clearly legible
signs. No change in speeds from 3o miles per hour or from those established in
s. 316.18a shall take effect until the zone is posted by the authority changing the speed
pursuant to this section and s. 316.187. All signs which limit or establish speed limits,
maximum and minimum, shall be so placed and so painted as to be plainly visible and
legible in daylight or in darkness when illuminated by headlights.
(4) PENALTY.—Violation of the speed limits established under this section must be
cited as a moving violation, punishable as provided in chapter 318.
15-4707 Cape Canaveral Speed Study Feb 2,2016 Page 7 of 57
[mailing address} go bax 94.SDo maitland florida 32794 1556 • 29 east pine street orlando tlorida 32801 (phone) 407 423 8055 [tax e i3O/•1•23 8u22
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date:
City Council Meeting Date: 2/16/2016
Item No. 6
Subject: Award the bid for construction of the New Cape Canaveral City Hall to Doug Wilson
Enterprises, Inc. in an amount not to exceed $4,300,000; authorize the City Manager to execute
Construction Agreement and documents related to same.
Department: Economic Development &Administrative/Financial Services
Summary: Bid packages for Bid #2015-11 were distributed in November 2015 and submittals
for the New City Hall Project were received on January 25, 2016. GLE Associates, Inc.
performed a reference check of the lowest apparent bidder(Doug Wilson Enterprises, Inc.) and
submitted a written recommendation (Attachment 1) to award it to same. On balance, Staff is
generally aware of both positive and negative comments about Do
Nine bids were received (Attachment 2) ranging from $4,599,990 to $5,794,000. The bidding
was very competitive as evidenced by the fact that the three lowest bids were within 3% of each
other. Because anticipated construction costs were $4.0M, including furnishings, Staff has
begun negotiating a Value Engineering process with the lowest bidder. Initial results yielded a
cost savings of$244,462, reducing the overall bid to $4,355,528. It appears the City should be
able to reduce the bid to approximately $4.3M. Combined/continued Value Engineering and
Owner-Direct Purchasing (ODP) are expected to reduce the total construction cost to
approximately $4.15M without reducing the overall quality of the project.
The Construction Industry/Economy is now a "Contractor's Market" — trending conditions
benefit now-busy contractors while owners pay more as the housing/construction market
rebounds and the economy continues to improve overall. While still early in the Contractor's
Market, the steady growth of the economy signals that construction prices will continue to
escalate. Considering the timing of the market and the low interest rate achieved on the bulk of
the funding, the City is best served by moving forward with the project as quickly as possible.
The FY 15/16 and FY 16/17 budgets will fund this project according to the Sources and Uses
Statement (Attachment 3) which provides a complete breakout of supported allocation/funding
elements.
Staff expects to achieve further cost savings through the Value Engineering process and requests
that Council approve the Construction Agreement (Attachment 4), for now, in an amount not to
exceed $4.3M and authorize the City Manager and Staff to negotiate further cost savings to
reduce the overall price without reducing the overall quality of the project.
In the style of the classic Mediterranean Revival period, City Hall promises to be a "game-
changer" in terms of community aesthetics. This redevelopment project will inspire Citizens'
pride as a City that "does what we say we will do". Leading by example by following the
guidelines in the Economic Opportunity Overlay District will have long-ranging impacts as it
inspires additional development/redevelopment within the Overlay District and Community
Redevelopment Agency area.
City Council Meeting
Date: 2/16/2016
Item No. 6
Page 2 of 2
Since inception, sustainability has been a focus with such "Green" amenities as:
• Public Transportation Access;
• Bicycle Storage;
• Water Efficient Landscaping and reclaimed irrigation water;
• Minimum Energy Performance appliances;
• Recycled content building materials, where achievable;
• Outdoor Air Delivery Monitoring;
• Increased Ventilation;
• Low-Emitting Adhesives, Paints and Carpet;
• Lighting systems controllability;
• Electric vehicle charging station; and
• An underground vault stormwater system which pretreats 37,000 sq. ft. of surface runoff,
previously discharging ultimately to the Banana River, and filters it into the surficial
aquifer.
Staff anticipates issuing a Notice to Proceed to the Contractor as soon as the Value Engineering
process is complete. Anticipated project completion is April 2 17. //
Submitting Department Directors: Todd Morley/John DeLeo Date: 2-8-16
Attachments:
Attachment 1 - Letter of Recommendation
Attachment 2 - Bid Summary
Attachment 3 - Sources and Uses Statement
Attachment 4—Construction Agreement
Financial Impact: $4,300,000 to Doug Wilson Enterprises, Inc. for construction of the Cape
Canaveral City Hall to be funded through the Capital Construction Fund. Staff time and effort
to prepare this Agenda item.
Reviewed by Administrative/Financial
Date: 2-8-16 ,/
Services Director: John DeLeo
The City Manager recommends that City Council take t following actions:
Award the bid for construction of the New Cape Canaveral City Hall to Doug Wilson
Enterprises, Inc. in an amount not to exceed $4,300,000; authorize the City Manager to execute
Construction Agreement and documents related to same.
Approved by City Manager: David L. Greene Date:2-8-16
Attachment 1
OGLE
ARCHITECTS I ENGINEERS I ENVIRONMENTAL CONSULTANTS
February 1, 2016
Mr. Todd Morley
Economic Development Department
City of Cape Canaveral
110 Polk Ave.
Cape Canaveral, FL 32920
RE: City of Cape Canaveral City Hall— 13000-13211
Bid Review
Dear Mr. Morley:
Based on the review of the bids, the lowest bidder is Doug Wilson Enterprises, Inc., and
therefore we recommend acceptance of their bid for the construction of the City of Cape
Canaveral City Hall.
Attached you will find the testimonials.
Sincerely
GLE A ' • • Inc.
•
dir
Alberto Porte a, IA, CLS,NCARB, LEED AP
Director of Architectural Services
AP/pt
F:Work Arch 13000 13211 Cape Canaveral City Hall i8 Bid Phase.13211-Bid Recommendation 1321 I-City of Cape Canaveral-Recommendation Letter_.docx
GLE Associates,Inc.
5405 Cypress Center Drive,Suite 1101 Tampa,Florida 33609 1813-241-8350 1 Fax:813-241-8737
Orlando I Ft.Lauderdale I Miami I Jacksonville I Gainesville I Atlanta I Nashville
Architecture AA 0002369•Engineer CA 5483•Asbestos ZA 0000034•Geology GB 0000297
TESTIMONIALS
"We have found Doug Wilson Enterprises to provide consistent high quality, combined
with excellent oversight, and customer service. They are cooperative and easy to work
with, maintaining a partner-like relationship even in difficult circumstances. They are
creative in working out solutions to any unforeseen issues that may arise"
Tom Mills
Executive Project Manager
Health First, Inc.
'We have recently participated in many large complex hospital projects with Doug Wil-
son Enterprises. In all cases, DWEI's expert staff has met and exceeded the demanding
requirements of hospital construction."
Alfred B. Osterhout
President
Coastal Mechanical Services, LLC
'We would like to express our gratitude for all your work and expertise in each of our
projects. We would not hesitate to refer Doug Wilson Enterprises to other organiza-
tions that are also in need of quality services from a reliable general contractor."
Randy Ens
Pastor of Operations
Church at Viera
"Doug Wilson Enterprises' projects are always a pleasure to be involved with, due in
large to an extraordinary level of communication, which is critical to any project in our
field."
Pete Mansfield
Operations Manager
Finest Floors of Brevard LLC
Doug Wilson Construction Enterprises, Inc,
Construction Services
(321 783-0903/ Fax(321)783-7941 a 6121 N Atlantic Ave.Ste 102 S Cape Canaveral,FL 32920 S CGC151225
TESTIMONIALS
"Doug Wilson Enterprises and it's employees have shown themselves to be industrious,
diligent, honest and reasonable people, the type that an owner longs for as a general
contractor."
Richard B. Lombroia, P.E.
Director of Construction/
Assistant Director of Engineering
Canaveral Port Authority
"Your many projects including construction of the Medical Office Building, Energy Cen-
ter expansion and emergency generator installation, Cath Lab, MRI, and CT Scan con-
struction and new equipment installations along with numerous upgrades and modi-
fications throughout the entire campus were expertly done and have served us well."
Wade Gray
Project Manager
Health First, Inc.
"Doug Wilson Enterprises, Inc is not afraid to tackle a project too big or too small, with
or without a tight budget or time frame. This company continues to perform well and
serve their clients well."
Jack J. Rood, Architect
Architects in Association
Rood, Zwick, & Kerr, Inc.
"This company is an outstanding small business that is dedicated to providing good
service to it's customers. They are very ethical, hardworking and willing to go the extra
mile to get their job done in a very professional manner."
Maxwell C. King
District President
Doug Wilson Construction Enterprises, Inc,
Construction Services
(321 783-0903/ Fax(321)783-7941 a 6121 N Atlantic Ave.Ste 102 S Cape Canaveral,FL 32920 S CGC151225
ism
TESTIMONIALS
"Our experiences working with Doug Wilson Enterprises on our project were extremely
favorable. The project was completed on time and with minimal, if any, contractor gen-
erated change orders.The Town of Melbourne Beach received a quality project,without
on-going issues."
James D. Bursick
Town Manager
Town of Melbourne Beach
It has been our pleasure to work with Doug Wilson Enterprises and their staff. The
renovation of our building was planned, worked and completed in a manner that was
second to none. It would be my pleasure to recommend them to anyone that needed
the assistance of an extremely professional contractor."
Kevin P. Smith
Vice President
Transport Workers Union
Local 525, AFL-CIO
"Through the years I have worked on numerous construction projects and I have to say
that this project was by far the smoothest one. DWEI and it's employees were always
very professional and went far beyond the call of duty to get our bank open and oper-
ating."
William T. Taylor
President/CEO
Community Bank of the South
"The city's expectations were greatly exceeded with the outstanding workmanship and
construction services that Doug Wilson Enterprises provided on this project. Doug Wil-
son Enterprises' team would be a great asset to your construction needs."
Larry W. Napier, C.G.F.O.
Finance Director
City of Felismere
Doug Wilson Construction Enterprises, Inc,
Construction Services
(321 783-0903/ Fax(321)783-7941 a 6121 N Atlantic Ave.Ste 102 S Cape Canaveral,FL 32920 S CGC151225
TESTIMONIALS
l
'The MRI / CT renovation was an interior renovation to construct a new MRI Suite,
new CT rooms, and their support spaces. Doug Wilson Enterprises professionally co-
ordinated the various equipment vendor needs. Their attention to the requirements of
AHCA and healthcare construction codes, to me, reflects their excellent knowledge of
healthcare construction."
J. Greg Braithwaite, AIA
Project Manager
Hunton Brady Architects
'in every instance, Doug Wilson Enterprises has exceeded our expectations in terms of
quality, performance, and cost.Their company consistently puts the customer first, and
even in the difficult world of construction,all parties are treated fairly,honestly,and with
respect."
Larry F. Garrison
Executive Vice President/COO
Health First, Inc.
"Consistent projects completed with superior quality, on time, and in budget are the
highest recommendations our industry can offer a customer. This is why Precision Me-
chanical, Inc. highly recommends Doug Wilson Enterprises for any projects that are
available or may be coming available with your organization"
Robert Kelly
Division Chief
Precision Mechanical, Inc.
Doug Wilson Construction Enterprises, Inc,
Construction Services
(321 783-0903/ Fax(321)783-7941 a 6121 N Atlantic Ave.Ste 102 S Cape Canaveral,FL 32920 S CGC151225
Faith Presbyterian
A Reformed Contregution
February 24, 2014
Mrs. Joyce Wilson
210 Holman Road
Cape Canaveral, Florida 32920
Dear Joyce,
When Tom Parker called to tell us about Doug's passing we were saddened by the news,and we
prayed for you and your family in your tremendous loss. At the same time, we were very grateful
to have known such a fine man and were comforted by the knowledge that he is with our Lord.
From the first time we met Doug, in the early stages of planning our new fellowship hall, we got
the strong impression that he was a man of integrity, a man who personally knew Jesus as Savior
and Lord, and who had a heart for God's work and for his church. We also knew that he was a
very good contractor, so we confidently selected Doug Wilson Enterprises to build our new
facility. When we had our pre-construction meeting, I have to say it is not common these days
(though very refreshing) for a contractor to ask me to lead the meeting in prayer and to pray for
the work to be done with excellence,and in a timely and cost effective manner. What a blessing!
I also know that Doug has been a blessing to numerous other churches throughout central Florida
over the years as he has helped expand their facilities. Our new building was indeed completed
with excellence,well ahead of schedule, and at a good price. Doug will be greatly missed for
many reasons,but we will see him again and look forward to the day we can all be together in
God's eternal Kingdom.
On Sunday March 9 at noon,following our morning worship service, we have planned a
fellowship meal in our new facility during which we will dedicate that new building to the glory
of God and to his service. Would you please join us for that event? We would be honored to have
you as our guest.
In Christ's Service,
Dr. Robert E. Adam Jr.
Pastor
1900 South Tropical Trail • Merritt Island. FL 32952 • Office: 321-452- 1715
www.FaithPreshyterianARP.ore
CHURCH °VIERA *
January 16,2012
Mr.Doug Wilson
Doug Wilson Enterprises Inc.
6121 N.Atlantic Avenue Suite 102
Cape Canaveral,FL 32920
Dear Doug.
I am writing this letter to thank you and your company for jobs well done in our various
church building projects over the last number of years.These projects included our initial
church relocation with site work and construction of 40,000 square foot church facility;
build-out of our second floor student and children's space;and addition of elevator and
storage spaces.
Both your on-site construction management team and support from you and your team were
superb with constant communication,suggestions,and problem solving as needed.As in all
church projects, finding the`biggest bang for buck"is a must. and you and your team
worked diligently with us in finding ways to accomplish our goals and needs within our
budget
We have received many compliments on our finished facility and its use for ministry
continues to grow.
Again,we would like to express our gratitude for all your work and expertise in each of our
projects.We would not hesitate to refer Doug Wilson Enterprises to other organizations
that are also in need of quality services from a reliable generel contractor.
Sincerely,
Randy Ens
Pastor of Operations
Church at Viera
9005 Wicidiatn Road, Vivo Ft 32940 II
321 259 3454.phone
ne
321.259 t414.tax 1.1
cawtntotiPciiurchatvlera.ixg
I
Hunton
February 23, 2012
Doug Wilson
Doug Wilson Enterprises, Inc.
6121 North Atlantic Avenue
Cape Canaveral, FL 32920 •
Re: Letter of Recommendation
Work Performed on the Medical Plaza at Viera Health Park
Dear Doug:
It was a pleasure working with Al Forbes and Doug Wilson Enterprises, Inc.on the construction
of the Medical Plaza at Viera Health Park and the Imaging Center for Health First. Al was very
instrumental in keeping the project moving forward and delivering a first class product to the
client. I look forward to working with Al and Doug Wilson Enterprises, Inc. in the near future.
Thanks.
Sincerely,
Christopher J. Nemethy, Assoc.AIA
Project Manager
800 N.MAGNOLIA AVE. SUITE 600 ORLANDO FL 32803 PH 407.839.0886 FAX 407.839.1709 www.huntonbrody.com LICENSE AAC 001744
MT. MORIAH A.M.E. CHURCH
234 STONE STREET COCOA.FLORIDA.32922 OFFICE:(321)6369331 FAx(321)6360802
P 0.Box 670 COCOA.FLORIDA.32923 EMAIL:
avxmlocarsox
1
January 27, 2011
Doug Wilson
General Contractor Enterprise, Inc.
P. 0. Box 865
Cape Canaveral,FL 32920
Re: Tragedy to Triumph: Mt. Moriah African Methodist Episcopal Church
Dear Mr. Wilson,
I express my profoundest gratitude to DOUG WILSON GENERAL
CONTRACTOR ENTERPRISE,INC., for the reconstruction,restoration,and
resurrection of our sanctuary from its cosmic disaster two years ago,especially your
generous financial donations. Like Phoenix, we emerged from the ashes of despair to a
joyous daybreak of hope. But this was only through God's providence and your
professional guidance.
Enclosed you will find a check in the amount of$6,483.72 in final payment for
your outstanding service to us. You stood in the gap for our church during a critical time
in its history.
I want you to know that you shall remain in the prayers of Mt. Moriah African
Methodist Episcopal Church. Finally, thank you for your enduring patience with us.
Yours in Christ.
-16 „tiz
Nk..(4•(0-17(AN
Rev. Dr. Waymon T. Dixon.
Pastor
WD/pd
RT.REV.Mc KINLEY YOUNG.PRESIDING BISHOP+ REV.J.0.WILLAMs.PRESIDING ELDER+ REV.DR.WAYMON T.DIXON.PASTOR
(A 501 C3 Organization)
Viera 8731 N.Wickham Road
HOSPITAL Viera,Florida 32940
Tel 321.434.9164
Health First Fax 321.434.9170 WWW.HEALTH-FIRST.ORG
July 5, 2011
Canaveral Port Authority
200 George King Boulevard
Cape Canaveral,Florida 32920
Subject: Reference Letter for Doug Wilson Enterprises, Inc.
To whom it may concern:
I have been responsible for major construction projects at Health First for nearly fifteen years.
Over that period of time Doug Wilson Enterprises, Inc. (DWE) has been selected as the General
Contractor for multiple important projects,including:
• Holmes Regional Medical Center
o New Obstetrics Unit (4th floor vertical expansion directly above Surgery)
• Cape Canaveral Hospital
o 8-level Parking Garage(reinforced concrete structure with pile foundation)
• Viera Health Park
o Pm-Health&Fitness Center(68,000 sq. ft., 2-story fitness center)
o Viera Medical Plaza(76,000 sq. ft.,3-story office building)
We have found DWE to provide consistent high quality, combined with excellent oversight and
customer-service. They are cooperative and easy to work with, maintaining a partner-like
relationship even in difficult circumstances. They are creative in working out solutions to any
unforeseen issues that may arise.
We have found DWE to be very cost-competitive. Each of the above projects was a hard-bid
selection with a fixed-price contract. Not only was their initial bid competitive, they have
always been extremely fair in terms of change orders, never trying to take advantage of a
situation.
We would not hesitate to use Doug Wilson Enterprises,Inc. on any future project.
Sincerely,
Thomas Mills
Executive Project Director
Richard B.Lombroin P.Ii.
215 Hunters View
Roswell Georgia
770-594-7408
July 5,2011
To: Whom it may concern
It is with great pleasure that I recommend Doug Wilson Enterprises,Inc.of Cape Canaveral
Florida.I have known Doug for twenty years and during that time he has constructed several
important and successful projects for inc.
In my role as Chief of Engineering and Planning and Director of Construction at Port Canaveral
Florida I worked with Doug Wilson Enterprises on many of the Capital Improvements Projects
that were accomplished during my time there from 1989 to 2004.My staff and I were always
happy to see Doug Wilson as the low bidder because we knew the project would get done on
time,with all of the quality that we expected and without the grinding claims that tend to plague
public sector work. We also kncw that Doug himself would be right there for us ensuring that
his team got it right and ready to provide his insights should we ever need innovative or cost
saving ideas.
Honest,Dependable,and Capable are the first three words that come to mind regarding Doug and
his team.
Below please find a listing of some of the projects on which I had the pleasure of working with
Doug Wilson Enterprises,Inc;
Addition to General use Cruise Terminal#10;$16.1 million; 1994-1995
Disney Cruise Terminal#8;$14.6 million; 1996-1997
Port Canaveral Fire Station and Fire Training Facility;$2.7 million; 1997-1998
Addition to Port OMee Building;$262k; 1996
Choosing Doug Wilson Enterprises would be a good move for any organisation contemplating
capital expansion projects and I n happy to give them my whole hearted endorsement.
Sincerely.
Richard B. Lombroin, P.E.
The City of Fellsmere Felts mere
Finance and Accounting Department
22 S. Orange Street
Fellsmere, FL 32948
772-571-1516.772-571-1901 Fax
July 14,2011
Dear Sir or Madam,
It is my honor to recommend Doug Wilson Enterprises, Inc.as a premier state certified general
contractor for your construction needs. Through the Public bidding process, Doug Wilson
Enterprises submitted a very competitive bid to contract the renovation of our Old School which
was built in 1912. The two story building project hosts the City Frog Legs Festival each year
with a turnout of 65,000 people which required Doug Wilson Enterprises to maintain the
construction process without interrupting the Festival.
It was very important to maintain the building's original look,this was one of the State of
Florida's largest Historical,Green conversion and renovation projects to date,upon completion
will become the City of Fellsmere's new City Hall.
The City's expectations were greatly exceeded with the outstanding workmanship and
construction services that Doug Wilson Enterprises provided on this project. Doug Wilson
Enterprises,team would be a great asset to your construction needs.
Should you have any question or would like to visit our completed project,please do not hesitate
to contact me.
Sincerely,
Larry W.Napier,C.G.F.O.
Finance Director
City of Fellsmere
WALTER P MOORE
July 8. 2011
Dear Sir or Madam:
It is with great pleasure that I recommend Doug Wilson Enterprises,Inc.for general contracting
services. I served as Owner's Representative/Engineer of Record for the Holmes Regional
Medical Center during structural restoration of the four-level parking structure located on their
Melbourne, Florida campus from January 2011 to the present. In this capacity I have dealt
directly with Doug Wilson Enterprises, Inc. beginning with the contractor selection process and
currently through substantial completion of construction.
The HRMC Parking Garage restoration consisted primarily of structural concrete repairs,joint
sealant replacement,expansion joint gland installation,concrete penetrating sealer application,
and erection of a steel vehicle barrier system.
Doug Wilson Enterprises, Inc.served as the General Contractor for this project. They self-
performed concrete penetrating sealer application and erection of the vehicle barrier system and
managed subcontractors who performed concrete repairs and waterproofing repairs.
Throughout the project, Doug Wilson Enterprises, Inc. provided outstanding and responsive
contracting services and an above satisfactory level of workmanship. Doug Wilson Enterprises,
Inc.was highly competitive on pricing with the other contractors who submitted bids and provided
a reasonable price for the one change order on the project.
oug Wilson Enterprises'services would be an asset to any project,and I am happy to give them
my recommendation. If you have any questions, please do not hesitate to contact me.
Sincerely,
WALTER P.MOORE&ASSOCIATES,INC.
E.Webb Wright, P.E.
Senior Associate
Structural Diagnostics Services
LINCOLN PLAZA. 300 S. ORANGE AVENUE. SUITE 1150
ORLANDO. FLORIDA 32001.3332
a,.ouc 407 418 2218 VAX 407.418.2257
www WALTERPMOORE.con
Coastal
July 6, 2011
Dear Mr.Wilson;
From all of us at Coastal Community Church, we want to thank you for all of your diligence
and involvement with the construction of our new building. This building will be a blessing
to countless people in the community for many years to come. Your dedication to this
project is greatly appreciated.
Sincerely,
Kenny Broadbent
Project Manager
Holmes Regional 1350 South Hickory Street
Melbourne,Florida 32901
Tel 321.434.7000
July 14, 2011
To Whom It May Concern:
Reference for Mr. Karl Hartman
Karl Harman. was the Project Manager with Doug Wilson Enterprises, Inc.,and has
recently completed the renovation of our 4-story parking garage at Holmes Regional
Medical Center, located in Melbourne Florida.
This project had gone out to bid in late 2010, to several large contractors though out
central Florida. Karl's diligence during the bidding phase,ultimately ended with Doug
Wilson Enterprises being awarded the contract.
The four month duration of this project was well organized, efficient and had minimum
impact to our staff and visitors that use the garage. The communication and updates
provided by Karl were always in a timely fashion and were extremely helpful for
planning,during the construction phase
in summary, I am happy to report that this project was completed on time and within
budget. I would highly recommend Karl and his company. for any large construction
projects of this type, as he would be a valuable asset for any organization.
If you have any questions, please do not hesitate to contact me.
Sincerely.
Frank J. Grella
Project Administrator
Engineering& Construction
Tel: (321)434-8718
Fax: (321)434-1639
E-mail: frank.grella(a health-tirst.org
FJGfsg
Attachment 2
Sheet 1
City of Cape Canaveral
Bid Submittal Sheet-Cape Canaveral City Hall
Bid No.2015-11
WWTP Training Room 601 Thurm Boulevard
Monday,January 25,2016 (2:15 PM)
Firm Location Bid Amount
Welsh Companies Melbourne FL $4,897,591.00
add 264,945.00
Canaveral Construction Co. Mims FL $5,397,000.00
add 336,000.00
W&J Construction Corp. Rockledge FL $4,683,996.00
add $324,993.00
DJ Haycook Const. Co. New Smyrna Bch FL $5,741,000.00
add $324,993.00
Mulligan Constructors Orlando FL $5,366,000.00
add $272,000.00
Sheet 2
Attachment 2
Sheet 1
City of Cape Canaveral
Bid Submittal Sheet-Cape Canaveral City Hall
Bid No.2015-11
WWTP Training Room 601 Thurm Boulevard
Monday,January 25,2016 (2:15 PM) 54e- /2-
Firm Location Bid Amount
SDV Services Titusville FL $5,794,000.00 add 264,945.00
add 219,000.00
West Construction, Inc. Lake Worth FL $5,127,342.00
add 263,216.00
Doug Wilson Ent., Inc. Cape Canaveral FL $4,599,990.00
add $233,703.00
Mulligan Constructors Orlando FL $5,366,000.00
add $272,000.00
New City Hall Project - Sealed Bid Tabulation
$7,000,000.00
$6,000,000.00
$5,000,000.00
$4,000,000.00
$3,000,000.00
$2,000,000.00 _..
$1,000,000.00
$0,00
Doug Wilson W&J Axios Welsh West Mulligan Canaveral D.J. Haycook SDV Services,
Enterprises, Construction Construction Companies Construction, Constructors Construction Construction LLC
Inc. Corp. Services, LLC Inc. Company, Inc, Co.
- Base Bid
SOURCES AND USES STATEMENT Attachment 3
The Total Construction Project lowest bid for City Hall is$4,600,0000.
Through Value Engineering and Owner Direct Purchases(ODP)Construction
Target Costs are$4,150,000.
Cost/Funding Elements
Construction Cost $4,600,000
Anticipated Value Engineering ($300,000)
Capital Improvement Revenue Note(moneys remaining available) ($3,700,000)
Funding Requirement Balance $600,000
Allocation Methodology(Approved 1/21/2014 Council Meeting1
Based on City's Employee Funding Formula-Breakout
(45%General Fund;50%Wastewater;5%Stormwater)
General Fund(45%) $270,000
Wastewater(50%) $300,000
Stormwater(5%) $30,000
Allocation Balance $600,000
Funding Sources available to support Allocation
General Fund Sources
IM Refurbishment Project(FY15/16)(IM-3) * $163,000
City Hall Reserve(SPIA) $107,000
$270,000
Enterprise Fund Sources
West Central BLVD.ALF Project(Stormwater/Lighting)* $75,000
North Central Ditch(FY16-17)EC-48* $131,000
Paving(FY 15-16)* $25,000
Stormwater Unrestricted $99,000
$330,000
Project Contingency($4.3M X 5%1 $230,000
Balance of IM Refurbishment Project(FY15/16)(IM-3) * $103,500
Enterprise Fund Contingency $126,500
$230,000
Furnishings $200,000
General Fund Contingency $90,000
Enterprise Fund Contingency $110,000
$200,000
*Note:Projects that will be delayed and represent lower priority.
Attachment 4
Bid#2015-11, Cape Canaveral City Hall
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2016 between the CITY OF CAPE CANAVERAL, a
Florida municipal corporation (herein referred to as CITY) and Doug Wilson Enterprises, 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 construct a new City Hall, 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; Project Manual, Engineering Plans and Drawings prepared by GLE
Associates, Inc., dated May 18, 2015, including all Bid Addenda; Bid#2015-11; 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 fourteen (14)days after the issuance
of a written Notice to Proceed and shall complete the Work as follows:
• Substantial completion—March 31,2017.
• Final completion—April 28,2017.
Extensions,if any,are authorized by CITY,and may only be granted in writing.
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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 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 Four Million, Three Hundred Thousand Dollars and No Cents ($4,300,000.00).
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 the 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;
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Cape Canaveral, Florida
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,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;
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Cape Canaveral, Florida
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, Todd Morley 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.
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Cape Canaveral, Florida
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 commencement of any Work subcontracts any part of this
Agreement to a 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/Contractor
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Cape Canaveral, Florida
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 $5,000,000 Aggregate / $1,000,000 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.
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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,
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, Rorida 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
City of Cape Canaveral/Contractor
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Bid#2015-11, Cape Canaveral City Hall
Cape Canaveral, Florida
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
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 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/Contractor
Page 8 of 9
Bid#2015-11, Cape Canaveral City Hall
Cape Canaveral, Florida
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
David L.Greene,City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1224 Fax:
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
City of Cape Canaveral
`ice.; City Council Agenda Form
City Council Meeting Date: 2/16/2016
Item No. 7
Subject: Authorize removal of two (2) Specimen Trees located at 376 Harbor Drive with a
payment to the City's Tree Bank in an amount of$1,537.50.
Department: Community Development
Summary: On December 30, 2015, a tree removal application was submitted to Staff for the
removal of two(2) Live Oak Trees on a single-family residential property located at 376 Harbor
Drive, Cape Canaveral (see Attachment 1).
On January 4, 2016, the City Arborist and Code Enforcement Staff conducted a site inspection
that verified the two (2) Live Oak Trees slated for removal were Specimen Trees. The Applicant
indicated a desire to remove the trees based on over shading of the front lawn,street over growth,
increased maintenance and number of existing Live Oak trees currently on the property. Staff
verified the existence of an additional three (3) Live Oaks in the front yard and three (3) Live
Oaks in the back yard ranging in diameter between 14 and 25 inches. The Applicant was
informed the trees proposed to be removed were Specimen Trees and must obtain City Council
approval.
Tree #1 - The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 2a). Tree
number (1) has a diameter at breast height (dbh) of thirty-three (33) inches, is multi-stemmed,
is approximately thirty (30) feet in height and has a thirty (30) foot canopy spread (Attachment
3). The Arborist's report indicates that at the time of the inspection the tree was in good health.
Tree #2 - The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 2b). Tree
number two (2)has a diameter at breast height(dbh) of twenty-eight and one-half(28.5) inches,
is multi-stemmed, is approximately thirty (30) feet in height and has a thirty (30) foot canopy
spread (Attachment 3). The Arborist's report indicated that at the time of the inspection the tree
was in good health.
Section 102-41 of the City Code establishes guidelines for consideration of an application to
remove a Specimen Tree. The subject request does not meet any of these guidelines. However,
Section 102-48 provides for a waiver process whereby the City Council may approve the
removal of a Specimen Tree when a property owner can demonstrate that the literal
interpretation of the division will deny the reasonable use of the property, or where such waiver
can be demonstrated to be consistent with the purpose and intent of the division.
Staff requests that the City Council approve the removal of the Specimen Trees under the waiver
process established in Sec. 102-48. The recommendation is based on the number of Specimen
Trees in the Applicant's front yard which results in an over shading of the front lawn, street over
growth and increased maintenance. The Applicant's use of the property is impacted due to the
size and number of Specimen Trees in the front yard (Attachment 4).
Section 102-43 of the City Code provides guidance on how a property owner shall mitigate tree
removal. This can be addressed by either planting additional trees or making a contribution to
City Council Meeting Date: 2/16/16
Item No. 7
Page 2 of 2
the City's tree bank. This section of the Code also allows the City Council to waive the tree
planting and/or tree bank contribution on a case-by-case basis if a property owner can
demonstrate that payment of the fee will cause an undue economic hardship.
It is recommended that the Applicant make a contribution to the City's Tree Bank. The City
Code establishes a maximum contribution of up to a two-to-one ratio of cumulative diameter for
the removal of a Specimen Tree. As the total amount proposed to be removed is 61.5 dbh, the
maximum contribution could be up to $6,150.00. The maximum contribution typically is
imposed due to the illegal removal of a Specimen Tree. A one-for-one contribution would equal
$3,075.00. Due to the number and quality of the remaining trees on the property, it is
recommended that a contribution of 50 percent or $1,537.50 be made by the Applicant to the
City Tree Bank.
Submitting Department Director: David Dickey - \` Date: 4VI)Attachments: 1 - Permit Application for the Remova of Trees; 2a & 2b - ard
Evaluation Forms; 3 -Photos; and 4-Street View of Trees in Front Yard (yellow arrow indicates
trees proposed to be removed).
Financial Impact: $1,537.50 in revenue to the City's Tree Bank; Staff time to prepare Agenda
Item.
Reviewed by Administrative/Financial .2/4/1
/ I !
Services Director: John DeLeo Date: 4/ 1
The City Manager recommends that City Council take e following action:
Authorize removal of two (2) Specimen Trees located at 376 Harbor Drive with a payment to
the City's Tree Bank in an amount of$1,537.50.
Approved by City Manager: David L. Greene 0 7J-s Date:Z1 s f/‘
Attachment#1
Date: 12-18-2015
RECEIVED DEC 30 2015 CITY OF CAPE CANAVERAL Tracking# 15-19352
PERMIT APPLICATION Permit#
FOR THE REMOVAL OF TREES
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.cityofcanpcanaveral.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. I.D. may be required)
Address of Job Site: 376 Harbor Drive, Cape Canaveral, FL. 32920
Legal description of property: TWN: RNG: SEC: SUBD: BLK: LOT: 107 PB: 15 PG: 80
Property Owner Name: Russel Roy L Phone: 784-0008 Address: 376 Harbor Drive Cape Canaveral FL
Contractor Name: Alfred Lewis/Chuck McCoombe Name of Company: Chuck McCoombs Tree Service
Address: 447 Richard Road Rockledge Florida
State License No.: 881000185 Phone(office): 321-856-2777 Phone(cell/pager.): 321-544-8468 Fax:
ISA. certified arbmst FL.0673-A Brevard County Licence 881000185
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: Street overgrowth, overshading/Too many Front Yard
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 1/2 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.
X Type of Residential Quantity of Of the trees planned for removal, Sum total dbh of all inches Valuation of
Building built or proposed protected/native how many have 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
X Single Family Residence 2 2 24" $ Approx 600.00
Townhome
Apartment
Other(specify)
X 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 removal 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: Alfred H Lewis Applicant's Signature: Alfred H Lewis Date: 12-18-2015
Notary use only: In the State of Florida, County of Brevard sworn and subscribed before me this 18 day of Dec. , 20 15 ,
by Alfred H Lewis .
Printed name of Applicant X who produced identification: DLH or
is personally known to me.
Seal: [notary public seal] Jane Ross
Signature - Notary Public At Large
G:\Bldg.Dept.Forms\BP Appl. Removal of Trees (3 D.U.) This form may be duplicated.
Attachmen t#2 Tree # 1
[ISA LOGO]® A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
TREE HAZARD EVALUATION FORM 2nd Edition
Site/Address: 376 Harbor dr. C.C., FL HAZARD RATING: 3-12
Map/Location: 1 4 4 9
Failure + Size + Target = Hazard
Owner: public private X unknown other Potential of part Rating Rating
Date: 12-4-15 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: 33" # of trunks: 4 Height: 30' Spread: 30'
Form: Xgenerally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed
Crown class: ❑dominant Xco-dominant ❑intermediate ❑suppressed
Live crown ratio: 100 % Age class: ❑young Xsemi-mature ❑mature ❑over-mature/senescent
Pruning history: Xcrown cleaned ❑excessively thinned ❑topped Xcrown raised ❑pollarded ❑crown reduced ❑flush cuts ❑cabled/braced
❑none Xmultiple pruning events Approx.dates: Unkown
Special Value: Xspecimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade Xindigenous Xprotected by gov. agency
TREE HEALTH
Foliage color: Xnormal ❑chlorotic ❑necrotic Epicormics? Y X N Growth obstructions:
Foliage density: Xnormal ❑sparse Leaf size: Xnormal ❑small ❑stakes ❑wire/ties ❑signs ❑cables
Annual shoot growth: ❑excellent Xaverage ❑poor Twig Dieback? Y N X ❑curb/pavement ❑guards
Woundwood development: ❑excellent Xaverage ❑poor ❑none Xother trees
Vigor class: ❑excellent Xaverage ❑fair ❑poor
Major pests/diseases: None at the time of inspection, a healthy tree.
SITE CONDITIONS
Site Character: ❑residence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodland\forest
Landscape type: ❑parkway ❑raised bed ❑container ❑mound ❑lawn ❑shrub border ❑wind break
Irrigation: ❑none ❑adequate ❑inadequate ❑excessive ❑trunk wettled
Recent site disturbance? Y N ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing
%dripline paved: 0% 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y N
%dripline w/ fill soil: 0% 10-25% 25-50% 50-75% 75-100%
%dripline grade lowered: 0% 10-25% 25-50% 50-75% 75-100%
Soil problems: ❑drainage ❑shallow ❑compacted ❑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. ❑
Exposure to wind: ❑single tree ❑below canopy ❑above canopy ❑recently exposed ❑windward, canopy edge ❑area prone to windthrow
Prevailing wind direction: Occurrence of snow/ice storms ❑never ❑seldom ❑regularly
TARGET
Use Under Tree: ❑building ❑parking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape ❑small features ❑utility lines
Can target be moved? Y N Can use be restricted? Y N
Occupancy: ❑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.
TREE DEFECTS
ROOT DEFECTS:
Suspect root rot: Y N X Mushroom/conk/bracket present: Y N X ID:
Exposed roots: ❑severe ❑moderate Xlow Undermined: ❑severe ❑moderate Xlow
Root pruned: 0 distance from trunk Root area affected: 0 % Buttress wounded: Y N X When:
Restricted root area: ❑severe ❑moderate Xlow Potential for root failure: ❑severe ❑moderate Xlow
LEAN: deg.from vertical Xnatural ❑unnatural ❑self-corrected Soil heaving: Y N X
Decay in plane of lean: Y N X Roots broken Y N X Soil cracking: Y N X
Compounding factors: Specimen tree Lean severity: ❑severe ❑moderate Xlow
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,sweep L L L L
Codominants/forks N/A S S L
Multiple attachments N/A S S L
Included bark L M M L
Excessive end weight L L L L
Cracks/splits L L L L
Hangers N/A L L L
Girdling L 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 bark L L L L
Nesting hole/bee hive L L L L
Deadwood/stubs L L L L
Borers/termites/ants L L L L
Cankers/galls/burls L L L L
Previous failure L L L L
HAZARD RATING
Tree part most likely to fail: healthy tree. Failure potential: 1 -low;2-medium;3-high;4-severe
Size of part: 1 -<6"(15 cm):2-6-18"(15-45 cm);
Inspection period: annual biannual other 1 Time 3 - 18-30" (45-75 cm); 4 - >30"(75 cm)
Failure Potential+Size of Part+Target Rating=Hazard Rating
Target rating: 1 -occasional use;2 intermittent use;
1 + 4 + 4 = 9 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 ❑monitor
Remove tree: Y N Replace? Y N Move target: Y N X Other:
Effect on adjacent trees: Xnone ❑evaluate
Notification: ❑owner ❑manager Xgoverning agency Date: 12-4-15
COMMENTS
The tree I inspected today was a Live OAK. At the time of inspection this OAK was in good health. With a D.B.H. of 33" , makes this OAK specimem tree.
If you anymore questions, Please call me at (321-863-7341) Thank you, Tim Davis FL0509A
Attachment#2 Tree#2
[ISA LOGO]® A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
TREE HAZARD EVALUATION FORM 2nd Edition
Site/Address: 376 HArbor Heights, dr. CC, FL HAZARD RATING: 3-12
Map/Location: 1 4 4 9
Failure + Size + Target = Hazard
Owner: public private X unknown other Potential of part Rating Rating
Date: 12-4-15 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: 28.5 # of trunks: 4 Height: 30' Spread: 30'
Form: Xgenerally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed
Crown class: ❑dominant Xco-dominant ❑intermediate ❑suppressed
Live crown ratio: 100 % Age class: ❑young Xsemi-mature ❑mature ❑over-mature/senescent
Pruning history: Xcrown cleaned ❑excessively thinned ❑topped Xcrown raised ❑pollarded ❑crown reduced ❑flush cuts ❑cabled/braced
❑none ❑multiple pruning events Approx.dates: Unkown
Special Value: Xspecimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade Xindigenous Xprotected by gov. agency
TREE HEALTH
Foliage color: Xnormal ❑chlorotic ❑necrotic Epicormics? Y X N Growth obstructions:
Foliage density: Xnormal ❑sparse Leaf size: Xnormal ❑small ❑stakes ❑wire/ties ❑signs ❑cables
Annual shoot growth: ❑excellent Xaverage ❑poor Twig Dieback? Y N X ❑curb/pavement ❑guards
Woundwood development: ❑excellent Xaverage ❑poor ❑none Xother trees
Vigor class: ❑excellent Xaverage ❑fair ❑poor
Major pests/diseases: None at the times of inspection.
SITE CONDITIONS
Site Character: Xresidence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodland\forest
Landscape type: ❑parkway ❑raised bed ❑container ❑mound Xlawn ❑shrub border ❑wind break
Irrigation: ❑none Xadequate ❑inadequate ❑excessive ❑trunk wettled
Recent site disturbance? Y N X ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing
%dripline paved: 0% 10-25% X 25-50% 50-75% 75-100% Pavement lifted? Y N X
%dripline w/ fill 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 Xdroughty ❑saline Xalkaline ❑acidic ❑small volume ❑disease center ❑history of fail
❑clay ❑expansive ❑slope ° aspect:
Obstructions: ❑lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic Xadjacent veg. Xtrees
Exposure to wind: Xsingle tree ❑below canopy ❑above canopy ❑recently exposed ❑windward, canopy edge ❑area prone to windthrow
Prevailing wind direction: East Occurrence of snow/ice storms Xnever ❑seldom ❑regularly
TARGET
Use Under Tree: Xbuilding Xparking ❑traffic Xpedestrian Xrecreation Xlandscape ❑hardscape ❑small features ❑utility lines
Can target be moved? Y N X Can use be restricted? Y N X
Occupancy: ❑occasional use ❑intermittent use ❑frequent use Xconstant use
The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
TREE DEFECTS
ROOT DEFECTS:
Suspect root rot: Y N X Mushroom/conk/bracket present: Y N X ID:
Exposed roots: ❑severe ❑moderate Xlow Undermined: ❑severe ❑moderate Xlow
Root pruned: --- distance from trunk Root area affected: 0 % Buttress wounded: Y N X When:
Restricted root area: ❑severe ❑moderate Xlow Potential for root failure: ❑severe ❑moderate Xlow
LEAN: --- deg.from vertical Xnatural ❑unnatural ❑self-corrected Soil heaving: Y N
Decay in plane of lean: Y N X Roots broken Y N X Soil cracking: Y N X
Compounding factors: None, (specimen tree) Lean severity: ❑severe ❑moderate Xlow
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,sweep L L L L
Codominants/forks N/A S S S
Multiple attachments N/A S L L
Included bark L M M L
Excessive end weight N/A L L L
Cracks/splits L L L L
Hangers N/A L L L
Girdling L 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 bark L L L L
Nesting hole/bee hive L L L L
Deadwood/stubs L L L L
Borers/termites/ants L L L L
Cankers/galls/burls L L L L
Previous failure L L L L
HAZARD RATING
Tree part most likely to fail: Healthy trees Failure potential: 1 -low;2-medium;3-high;4-severe
Size of part: 1 -<6"(15 cm):2-6-18"(15-45 cm);
Inspection period: annual biannual other 1 Time 3 - 18-30" (45-75 cm); 4 - >30"(75 cm)
Failure Potential+Size of Part+Target Rating=Hazard Rating
Target rating: 1 -occasional use;2 intermittent use;
1 + 4 + 4 = 9 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 ❑monitor
Remove tree: Y N Replace? Y N Move target: Y N Other:
Effect on adjacent trees: ❑none ❑evaluate
Notification: ❑owner ❑manager ❑governing agency Date:
COMMENTS
The trees I inspected today were Live OAKS. At the time of inspection, both OAKs were in good health. With the D.B.H of 28.5".
this makes the OAK a specimen tree. If you have anymore questions Please call me at. (321-863-7341) Thank you Tim Davis FL0509A
Attachment#3
376 Harbor Drive
Live Oak Tree # 1 — 33 " Diameter at Breast Height
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Attachment#3
376 Harbor Drive
Live Oak Tree #2 — 28 .5" Diameter at Breast Height
151k., 4 . i ► • '' '"I4 p i 1 19k !i" ' 'a
III
i t as ,h"a. 4 I l 1 *10
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