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HomeMy WebLinkAboutPacket 05-01-2001CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATIONS: National Day of Prayer Elder Law Month Civility Month BOARD INTERVIEW: .2ity of Cape Canaveral 1NCIL REGULAR MEETING NTY HALL ANNEX )nue, Cape Canaveral, Florida TUESDAY May 1, 2001 7:00 PM AGENDA Prospective Beautification Board Member — Paula Collins CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 17, 2001. 2. Washington Avenue Decorative Sidewalk. 3. Award Bid #01-05; Manatee Sanctuary Park Boardwalk. 4. Disposition of Surplus Property. 5. Purchase of Sanitary Sewer Lining Services. 6. Transportation Impact Fee Trust Fund Disbursement Agreement with Brevard County. 7. Amendment to the Police Services Contract. 105 Polk Avenue . Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 . fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2001 Page 2 RESOLUTIONS: 8. Resolution No. 01-10; Participation as a FEMA Project Impact Community. 9. Resolution No. 01-11; Amending the 2000/2001 Budget and City Treasurer's Report. 10. Resolution No. 01-12; To Officially Name Bayside Drive. 11. Resolution No. 01-13; Amended Escrow Agreement with Downs Development Corporation, Inc. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. WHEREAS, the National Day of Prayer is a tradition first proclaimed by the Continental Congress in 1775; and WHEREAS, it is eminently fitting and proper that we in Cape Canaveral observe a day when all in our communities may acknowledge our many blessings and express gratitude to God for them while recognizing the need for strengthening of religious and moral values in our land; and WHEREAS, the United States of America is beset with a tidal wave of violence, both juvenile and adult, teenage pregnancies, dysfunctional families, and a host of problems which are tearing apart our societal fabrics; and WHEREAS, it is no coincidence that these problems are occurring as values of faith are swept from the public square, replaced by postmodern moral relativism which rejects concepts such as right and wrong personal responsibility; and WHEREAS, such a philosophy is at odds with the heritage of Americans, who historically have shared a broad consensus of religiously -inspired transcendent values, even while insisting on religious freedom; and WHEREAS, the power of prayer, and power of God through prayer, have been at the core of the shared American experience throughout history. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County Florida, do hereby proclaim May 3, 2001 as THE NATIONAL DAY OF PRAYER in the City of Cape Canaveral. WHEREAS, older Americans are a major national resource and have needs which require special legal attention, knowledge and expertise; and WHEREAS, Elder Law is a legal practice specialty in which lawyers focus on needs of the elderly; and WHEREAS, Elder Law requires holistic application of numerous legal areas, including wills, trusts, probate, guardianship, incapacity planning, advance directives, Medicaid planning, long-term care needs and rights, patient rights and long-term care insurance; and WHEREAS, the City of Cape Canaveral endeavors to be responsive to the needs and rights of its elderly citizens so that they are empowered to live with security, dignity and purpose; and WHEREAS, the Academy of Florida Elder Law Attorneys, the National Academy of Elder Law Attorneys, the Elder Law Section of the Florida Bar and the City of Cape Canaveral strive to inform the elderly and to make them aware of their rights and opportunities to improve the quality of their lives through Elder Law. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of May, 2001 as ELDER LAW MONTH WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of May, 2001 as CIVILITY MONTH And call upon all citizens to exercise civility toward each other. CALL TO ORDER: ROLL CALL: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 17, 2001 7:00 PM MINUTES Council Members Present: Burt Bruns Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Council Members Absent: Larry Weber Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Susan Stills, City Clerk Ed Gardulski, Public Works Director Morris Reid, C.B.O., Building Official PRESENTATIONS: Spring Beautification Residential Award Mayor Randels introduced Ms. Mary Jo Laws, Beautification Board, who presented the Spring Beautification Residential Award to Mr. and Mrs. L. Ben Latta, of 309 Madison Avenue. She stated that the Beautification Board would continue the ongoing "We Noticed" program that acknowledges efforts toward beautification. Mr. Latta expressed his appreciation and thanked the City for its Reuse water program. Al Corridor Study Status Report by Keith & Schnars, P.A. Mr. Fabian Hurtado and Ms. Vicky Smith, of Keith & Schnars, P.A. opened their presentation with status reporting on the A1A Corridor Study Project. Ms. Smith, Project Manager, State Road Al Arterial Study, outlined that the planning study City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2001 Page 2 would review the needs and issues essential to the overall study. She stated that the data collected is ready for presentation in a second set of public workshops. Ms. Smith reviewed the issues identified. She then continued with the benefits of an Urban Cross-section that would provide opportunity for access management, make more efficient use of the available right-of-way, incorporate bicycle/pedestrian facilities, incorporate streetscaping and aesthetic enhancements, and also incorporate stromwater management. She continued with a depiction of a proposed four -lane Urban Divided Highway along Shepard Drive to N. Atlantic Ave/Astronaut Blvd. that would shift west to accommodate utility poles. Mr. Treverton questioned if a six -lane highway were eminent in any areas to include Cape Canaveral. Ms. Smith responded that four -lanes were optimal in a twenty year projection due to minimal growth in the residential area. Mr. Bob Baugher, General Manager, Radisson Resort expressed his concern with not regarding tourism data when analyzing community growth. Mr. Hurtado explained that the Brevard Metropolitan Planning Organization uses the highest potential density data in community growth projections. Mr. Bruns questioned the greatest deterrents in using the right -of ways and asked if discussion was held with Florida Power and Light (FPL) regarding the beautification efforts. Ms. Smith said that a meeting is planned with FPL for April 181n Ms. Smith pointed out the safety issues in the redesign of the State Road Al A/ N. Atlantic Avenue intersection and the available options. Option One would be the concept of re -aligning International Drive and Option Two suggested no re- alignment on International Drive. She concluded that Option One offered the most merit. Ms. Smith reviewed the Bicycle/Pedestrian Master Plan that would provide transportation alternatives and a contiguous network path for sidewalks, bicycles and pedestrians to include connections to existing or proposed trails. She further outlined other multi -modal solutions. Mayor Randels questioned if pull -off loading or stopping on the main artery were preferable for the proposed trolleys. Ms. Smith responded that providing bus bays to embark and disembark is preferable. Ms. Smith reviewed the proposed improvements to the State Road (SR) Al and State Road (SR) 520 intersection. Ms. Smith detailed how signage would benefit in developing an alternate circulation plan. Mr. Boucher queried if the land use categories were reviewed when attempting to reroute traffic through a residential area. He stressed that zoning should be addressed when presenting to the residents in the commercial area. Ms. Smith pointed how the proposed dissection and traffic patters at the intersection at SR 520 and SR Al A. She outlined the options for Marion Lane and consequences of traffic movement retaining the traffic light at the intersection or removing the left turn lane. Ms. Smith concluded that typical and peak conditions warranted review to ascertain the best solution. Ms. Smith said that the study would proceed with continued public workshops. She also said that the group with work cooperatively with local government to attain City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2001 Page 3 endorsement for the project. In closing, she summarized that information on the study has been steadily disseminated to the pubic through various mediums. Mr. Bruns commended Ms. Smith on her help in maintaining a two-lane, east/west highway on State Road 401 during construction in the Port area. The next public hearing on the Corridor Study is scheduled for May 3rd at the Cape Canaveral Public Library. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff member or interested party desired to remove an item from the Consent Agenda. Mr. Bruns requested that Item No. 1 be removed from the Agenda for discussion. 2. City Council Regular Meeting Minutes of March 20, 2001. A motion was made by Mayor Pro Tem Petsos seconded by Mr. Bruns to approve Item No. 2 on the Consent Agenda. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. 1. Bid Award #01-04; Decorative Concrete Construction Services. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to award Bid #01-04; Decorative Concrete Construction Services to Duncan Builders. Mr. Bruns queried if the proposed sidewalk were for six -feet wide. Mr. Gardulski stated that a four -foot wide sidewalk was the specification for the bid. Mr. Bruns expressed concern with allowable bicycle passing using a four -foot sidewalk. Attorney Bennett recommended for approval of the bid with a change order. Mr. Treverton clarified that cost was the deciding factor prior to proceeding with the actual paving. Mr. Gardulski stated that the City could award the bid for the unit price. Mr. Reid stated that the price is bid on $220 per yard and the price could be adjusted according to the yardage needed. Mr. Boucher stated that staff could negotiate the change order. Mr. Gardulski responded to Mr. Treverton's question that the recipient of the award would provide concrete services on various projects. Mr. Gardulski responded to Mr. Nicholas' question that any project under $5,000 was authorized by the City Manager and any project that exceeded the threshold would require City Council's approval. Attorney Bennett clarified that Duncan Builders would provide concrete services in the capacities of the contract. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2001 Page 4 DISCUSSION: 2. Sign Survey Mr. Boucher explained that he and Todd Peetz, City Planner, devised a five - question survey that would allow for feedback from the community and he questioned Council's intended format for the survey and its target audience. Mr. Treverton expressed that he would prefer a sampling audience to establish feedback on the issue. Mayor Pro Tem Petsos concurred. Mr. Bruns expressed that he would favor a balanced sample audience of residential and commercial recipients. Mr. Bruns recommended a self-addressed format and Mayor Pro Tem Petsos recommended involving the media in the survey distribution. Mr. Boucher recommended using University of Central Florida students to conduct the survey. Mr. Baugher related that both residential and commercial viewpoints should be represented in the responses. Mr. Nicholas suggested including the meeting date for sign discussion on the survey. City Council requested that the City Manager contact the University of Central Florida about conducting this survey. REPORTS: 1. City Manager • Mr. Boucher reported that the Planning and Zoning Board made recommendation to reallocate the funds from the Villages of Seaport escrow accounts to other projects. Attorney Bennett clarified that two accounts exists one for sidewalks and the other for traffic signals. • Mr. Boucher said that the City Clerk would contact Council members to reschedule the Goals and Objectives meeting. • Mr. Boucher reported that the Mayor of Kloten, Switzerland would arrive on April 18th in City Hall at 10:00 A.M. He reviewed the itinerary for the visiting guests and invited Council members to participate in the schedule activities. • Mr. Boucher reported on a Turtle Grant Education opportunity. The deadline is April 27th. Mayor Randels asked if Council was interested in a public education effort for beach lighting due to turtle nesting. Mr. Gordon England, Grant Writer, responded that the grant -writing fee made seeking this grant not cost effective. • Mr. Boucher reported on a Stormwater Retrofit Grant available July 6th with a 60/40 funding match. Mr. England clarified that any efforts implemented after the award was granted would be applied toward the grant. Mr. Boucher recommended identifying stormwater projects from the master plan for possible grant use. • Mr. Boucher referenced the sample notice sign for fireworks and he related that Attorney McQuagge advised proper notification be given to the public. Discussion ensued on consolidating some of the signage in the beach area. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2001 Page 5 2. Staff Ed Gardulski, Public Work Director • Mr. Gardulski presented three options for the force main in conjunction with the Lift Station Four project proposed for the Harbor Heights area. He recommended an open cut installation to accommodate a six to eight -inch pipe. Mr. Nicholas asked if the street would be paved subsequent to the installation. Council agreed my majority to draft bid documents to install the line in the 100 block of Harbor Drive with subsequent resurfacing of the entire paved area. • Mr. Gardulski reported on his street lighting discussion with Florida Power and Light. Lighting was identified for the Washington Avenue Park, the Atlantic Avenue intersection on the Al corridor and Thurm Blvd. • Mr. Gardulski reported that the Sand Fencing objective was met and timber arrived to construct additional fences. Mayor Pro Tem Petsos requested a production schedule and suggested April 28th for the next sand fence project. • Mr. Gardulski announced the dedication for Thurm Blvd would be scheduled in May. • Mr. Gardulski reported that the Public Works facility was struck by lighting and incurred substantial damage. • Mayor Pro Tem Petsos requested a work schedule of Public Works staff in an effort provide a record of staff availability. Morris Reid, C.B.O., Building Official • Mr. Reid reported on construction projects throughout the City. • Mr. Reid reported on the concrete form incident at the Solana Lakes project. The project will cease until the threshold inspector provides reports to the Building Official. • Mr. Reid reported on his new staff member's accreditations as well as licenses merited. He clarified the provisional licensing that Mr. Borraggine, Building Inspector, attained in that he has two years to acquire a standard license from the State. Mayor Pro Tem Petsos stated for the record that he received no information from any person on the Building Dept staff regarding other Building department staffs certifications and hoped that no undue repercussions followed his request to view Mr. Bubb's certifications. City Clerk No report City Attorney No report City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2001 Page 6 AUDIENCE TO BE HEARD: Mr. Nicholas requested that a notation of the date be made on the photographs of the deceased Mayors. Mr. Nicholas reported on a planned activity sponsored by the V.F.W. and requested that the 100 block Long Point Road or a portion thereof be blocked off for the event. He agreed to apply for a permit. 3. City Council Mr. Treverton No report Mr. Bruns No report Mayor Pro Tem Petsos No report Mayor Randels • Mayor Randels recognized Mr. Gene Silkey of Royal Mansions who purchased flags to distribute that were made in America rather than imported. • Mayor Randels commended Ms. Hanson for the thank you letters following the Patriots' Day parade. • Mayor Randels reported that reclaimed water had only three days discharge in the river in February. • Mayor Randels reported on the success of the buoy tender activities at the Port. • Mayor Randels commended the Building Department for handouts that outline instructions for the construction permitting process. • Mayor Randels announced that the Energy Board on which he serves forwarded alternative energy concepts to the Governor. • Mayor Randels questioned the date for the adopting of the new building code. Mr. Reid responded that he had no definitive date as yet. • Mayor Randels reported that all North American Treaty Organization Navy (NATO) ships were in Port. • Mayor Randels announced that he attended Library Day in Tallahassee and reported the House of Representatives, the Senate and the Secretary of State accepted the budget. Brevard County will receive $1,024,000 in Library Funds from the State. • Mayor proposed purchasing two aerial photographss of the City. Mr. Boucher explained that he would purchase two full-size photos and a smaller size for distribution. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2001 Page 7 ADJOURNMENT: There being no further business, a motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to adjourn the meeting at 10:00 P.M. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: WASHINGTON PARK DECORATIVE SIDEWALK DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: City Council authorize the construction of the Washington Park decorative sidewalk. Summary Explanation & Background: I am recommending that the city construct a five-foot wide decorative sidewalk in the amount of $18,750 with funding appropriated from the Beautification Fund reserves since this was not a budgeted item. Duncan Builders has the city bid for sidewalk construction services. Exhibits Attached: Public Works Director's memo City Me •' Office Department STREETS/PUBLIC WORKS , c y document cil\meeting\2001\05-01-01\washington.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 23, 2001 SUBJECT: City Council Agenda Item for May 1, 2001 Change Order to Washington Park Decorative Sidewalk At the April 10`h Beautification Board Meeting, the members reviewed the alternative sidewalk designs. The Beautification Board recommended Rosewood -colored, imprinted concrete for the decorative sidewalk in Washington Park. The bid amount for color concrete type path is $13,200. In addition the Beautification Board requested imprinted design that is a combination of two bid items. This request will require a change order in the amount of $1,800. The total cost for the Washington Park Sidewalk project is $15,000 for a 4 -foot wide sidewalk. On April 17'h, 2001 City Council awarded the Bid 01-04 to the lower bidder, Duncan Builders. In addition, it was the Council's desire for staff to review other options for a 6 -foot wide sidewalk. In review of Council's request the following information was collected: 1. The City's Code Sec. 98-92(t) states that sidewalk shall be constructed no less than 4 -foot sidewalks along residential roads and 5 -foot sidewalk along arterial and collector streets. 2. Washington Park is 52 feet wide and the mulched path is 5 -feet wide. The Bid Documents advertised for a 4 -foot wide sidewalk in compliance to City Codes. 3. Washington Avenue is a shared road for bike traffic and is posted as such. 4. A 4 -foot or 5 -foot sidewalk can be installed with little impact to the irrigation system or landscape. 5. A 6 -foot sidewalk will require the relocation of irrigation heads and trimming back some of the vegetation. 6. Washington Avenue has 4 -feet sidewalks along a majority of both sides of the right-of-way. Duncan Builders has agreed to construct a 4 -foot, 5 -foot or 6 -foot sidewalk at the unit bid price. The following are the cost for the sidewalk recommended by the Beautification Board for each size: 4 -foot @ $15,000; 5 -foot @ $18,750; and 6 -foot @ $22,500. Recommend the change order to Duncan Builders for the construction of the Washington Park sidewalk project and the appropriation of the necessary funds. R ` IL/ . I -14-01 04:08 PM CAPE CANAVERAL PW CITY OF CAPE CANAVERAL CONCRETE SERVICES BID TAB SHEET BID No1-o4 Item Description A Basib Concrete Design Concrete 3,000 psi 4 toot wide 4" thick B Optional Concrete Design, Shell construction Concrete 3,000 psi 4 foot wide 4" thick C Optional Concrete Design, Imprinted Design Concrete 3,000 psi 4 foot wide 4" thick D Optional Design, Pervious Concrete 4 foot wide design, 4",thick E Optional Design, Washed stone Design 4 fool wide design, 4" thick F Optional Design, Other Design COLR.E 4 foot wide design, 4" thick C*AJa �' k 407 799 4980 Linear Feet Yards unit price Total P•06 mill 1,200 NOTE: For optional design consideration the design specification must be included, With bid package. NOTE; Concrete price to be based on current avallable cost NOTE: Contractor are not required to bid all Optional Designs Nots Bid item that exceeds $25,000 Shall submit a bid Bond. Bid bond shall be 10% of the highest bid option design, A check Is acceptable, ii.ompany Name Date r 4 -foot 5 -foot Color imprint price price total cubic yds $ 220.00 $ 30.00 60.0 $13,200.00 $1,800.00 $15,000.00 75.00 $16,500.00 $ 2,250.00 $18,750.00 6 -foot 90.00 $ 19,800.00 $ 2,700.00 $ 22,500.00 . ^a.c�Pw*F nW�'i. A *.3'! ���,5♦�i��y, 1 � 'Y 'PR f - 4 r I r Fa j vaa. ,en. i�A.ir"p^-1rl`x pys+ x 1 s. 2 Lµ`s S I � rt - r r t• .. '. E 1 t� E _ r w v. {'spa•... 4. i 4 '�� '�. . ,y � r -` .b ..:__ ,.�'t..t��'��r6..-______......._.___.._......r.,..,...,s,n.r�,F..'.t'.t41?.�.-,-.,y`..,.,m..�,1fS .au'7 ea•.;a�' �:r, Meeting Type: Regular Meeting Date: 05-01-01 AGENDA REPORT AGENDA Heading Consent ]tem 3 No. walkway decking. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AWARD BID NO. 01-05, MANATEE SANCTUARY PARK BOARDWALK DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider the award of Bid No. 01-05, Manatee Sanctuary Park Boardwalk to Don Faccionbene, Inc. as recommended by the recreation director. Summary Explanation & Background: This project is a budgeted item of $150,000 and is partially funded with a $112,500 FRDAP grant. The base bid for Don Faccionbene, Inc. is $140,000. The alternate Bid No. 1 of $20,415 is to utilize Trex (or equal) for walkway decking. I support the recreation director's recommendation and the award of the base bid with alternate Bid No. 1. The additional funding will be taken from recreation impact fees and general fund reserves. Exhibits Attached: Recreation director's memo of 04-25-01 City M W, e ' Office Department PARKS & RECREATION cape- my documents dmi eeting\2001\05-01-01\01-05.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300'N. ATLANTIC AVENUE * P.O. BOX 326 (321) SOS4227 E-mail address: parkurec@iu.net MEMO TO: Mayor, Councilmembers & City Manager FROM: Nancy Hanson, Parks & Recreation Director DATE: April 25, 2001 RE: Manatee Sanctuary Park Boardwalk Project I have spoken personally with five project managers from jobs that Don Faecionbene Construction Company has completed and/or is in the process of completing (within the past 2 years). Without exception, each one spoke highly of the company. All stated that the quality of workmanship was very good and that any problems encountered were resolved quickly and to their full satisfaction. Three of the jobs were for municipalities (2 Palm Bay, l Melbourne) and two were private (golf course bridges & a church building). All said, based on the quality of workmanship, they would rehire if the opportunity should present itself. The decking material of choice is Trex, however, accepting this alternate would exceed the grant funding by the amount of the alternate as approximately $5,000 has already been encumbered on this project. Based on the information provided, I recommend the contract for the Manatee Boardwalk Project be awarded to Don Faccionbene Construction Company in the amount of $140,000, - $160,415 if Trex is used. The bid documents state 120 days for project completion from the time the City gives the notice to proceed. MANATEE �c SANCTUARY PARK BOARDWALK PROJECT BID OPENING, APRIL 9, 2001 COMPANY BASE W/TREX W/CEILING DON FACCIONBENE, INC. 140,000 20,415 7,500 CANAVERAL CONSTRUCTION 147,700 18,000 3,500 L.A.CONSTRUCTION 167,000 20,000 7,000 HODGSKIN OUTDOOR LIVING 168,000 12,078 5,800 C & D CONSTRUCTION 183,700 20,000 5,000 WATAUGA COMPANY 205,500 20,000 CORE CONSTRUCTION 217,475 15,815 5,100 MEMORANDUM TO: BENNETT BOUCHER, CITY MANAGER FROM: MARK MCQUAGGE, ATTORNEY DATE: APRIL 23, 2001 RE: MANATEE PARK BIDS Facts The City of Cape Canaveral advertised for bids related to the Manatee Park Boardwalk, and gave notice as required by the Code of Ordinances of the City of Cape Canaveral. The notice stated bids were to be received by March 28, 2001 at 3:00 p.m., however, a change notice was entered, which amended the aforementioned time to Wednesday, April 9, 2001 at 3:00 p.m. The notice goes on to say that any bids received after 3:00 p.m. " will not be accepted under any circumstances" and " any uncertainty regarding the time a bid is received will be resolved against the bidder." It should also be noted that the notice stated that bids will be opened promptly at 3:15 p.m. on the same date of receipt. On April 9, 2001, sometime before 3:00 p.m., the at issue bidder presented to the Cape Canaveral City Hall and spoke with City Clerk, Susan Stills. During the course of the conversation, Ms. Stills inquired as to whether the package he had in his possession vias his bid. He responded "no", but asked, "what time were bias opened", which'Ms. Stills responded, "all bids will be opened at 3:15 p.m." At approximately 3:15/3:20 p.m., the at issue bidder returned and delivered his bid package to Ms. Stills, who opened same, and rejeci: same as not being submitted timely. It should be noted that the bid was the lowest by approximately $15,000.00. Analysis Following a review of the current case law, Fla. Stats. Chapter 120 and 287, along with §2- 217 and §2-278 of the Cape Canaveral Code, it is my opinion that the City has two options: Under authority of the language contained on the invitation for bid, along with §2-217(5), the City may reject the bid for failure of the bidder to comply with the requirements contained on the invitation for bid, that being timely submission. (See also §2-218(5)(b) for additional authority.) 2. Under authority of §2-218(5), the City may "reject all bids" only'if doing so "the public interest will be seri: ed thereby." To that end, if the at issue bidder is determined to be the " responsible lowest bidder" because of his price and qualifications, then this siti:ation may present under the above authority. Please review and advise as to whether any additional information or discussion is required with regard to this issue. mem 'I[/ City of Cape Canaveral EST FOR PROPOSAL NO. 01-05 E SANCTUARY PARK BOARDWALK NOTICE Acceptance of sealed bids received by the City Clerk, City of Cape Canaveral, at 105 Polk Avenue, Cape Canaveral, Florida 32920 have been extended until 3:00 PM, Monday April 9, 2001 for the above name project. The decision to extend was determined at the Pre -Bid Meeting on Wednesday, March 21, 2001. Our engineering firm is preparing addendums and you can expect delivery of addendums within the next seven (7) days. Any bids received after the above time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bid opening will be promptly at 3:15 PM, Monday, April 9, 2001 in the Cape Canaveral City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida, at which time all bids received will be publicly opened and read aloud. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net a LIR SATATIOLPG NT PER ORB 706' FPL ESMT CENTRAL BOULEVARD CENTF 6' FPL ESNiT 15. V1?nINAGE ESIAt I�•I -I - -. . Qf W CLW a 1 Z) 1 o zm 2n' PU&DE / ��• 1 $ 15• DRAINAGE ESMT J J �Q► 1 'I - I FUTURE I PAVILION/RESTROOM - 1 T P OF BANK S A: 2+17.06 I I 0 FSET: 32.42 R STA: 2�15.36� OFFSET: 51:66 GATE I - ST.: 2+38.33 OF ET: 34.09 R j>I% Q _ STA: 2' 7.86 ._ STA: 2 36.65 Z OFFSET: 5 .36 R, _ OFF ET 40.08 R EXI$FING SHELL STA: 2}37.12 S :5 +25.25 PARKING AREA r C EXISTING STABILIZED 1 QOFFSET: 44.38 R , 0 FS 47.05 R J Z - - SITE ACCESS DRIVEWAYS 1 Z Q _ FUTURE t Q (Q� STA: 1+34.82 _ EDUCATIONAL KIOSK OFFSET: 7.09:. 3+27.82 1 Q ET: 27.1 41 31 R 1 STA: g+36.39�, OFFSET: '37.15 RI `. STA: 1 +54.50 STA 3+57.78 ` OFFSET: 4.93 ET: 3.40 R 1 t ST 3+55 OFFSET: 5.2STA: T: 5.26 R 7 _OFFSET: 8.62. R; ` _ 0.87 STA: �'4�R05.68 = _ STA: 4+016.6 OFFSET: 97 : R ' OFFSET: 169 R \ STA: 4+00.09 STA: 41+06.17 - OFFSET: 26.46 R OFFSET: 4 .65 R _ ' I STA: 4+07.41 \ STA: +84.59 OFFSET: 27.03 R \ OFFSET: 8.84 R _ MANATEE STA: 4+06.91 1 `r OFFSET: 34 R \ STA: 4+83.65- - ++ PARK OFFSET: k0.BO RI O'FFSET:940.27 R (10,67 ACRES) FUTURE 1 STA: 5+41 'I '1' i - \ \ 1 STA: 4+93.69 5• TRAIL OFFSET: 71.32 _ I _OFFSET: 52.23 R TA: 5+42.68 FFSET: 50.05 R STA: 1.47 ` \ OFFSET: 65.3 656 R - TA: 5+42.21 � ' FFSET: 56.06 R rn STA: 51x62.27 , STA: 195 OFFSET: T.00 R OFF T: 59.73 R 1 I \ NOTES: 1 STATION AND OFFSET TAKEN FROM CENTER OF 8" PILINGS. I o $' OFFSETS AT RIGHT ANGLES (90') TO BASELINE. City of Cape Canaveral Manatee Sanctuary Park Boardwalk City of Cape Canaveral, Florida SSA Job No 99021 BID SCHEDULE BASE BID: Boardwalk construction as shown, in entirety, on Contract Drawings; using prefabricated truss roofs for observation decks and 2 x 8 wood with staintess.steel nails for walkway decking. Total Lump Sum Price $ 140, 000.00 In Words One Hundred Forty Thousand Dollars ALTERNATE BID #1: Boardwalk construction as shown, in entirety, on Coaract Drawings; use prefabricated truss roofs and Trex (or equal) composites with stau-M-8 M---- for walkway decking. Total Lump Sum Price $ 20,415.00 In Words Twenty Thousand Four Hundred Fifteen Dollars ALTERNATE BID #2: Using '/2" marine grade plywood, enclose interior ceilings. Total Lump Sum Price $ 7, 500.00 In Words Seven Thousand Five Hundred Dollars Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No. 1 Dated: N/A Addendum No. Dated: Addendum No .___7- Dated: 3 /_28/01 Addendum No. Dated: Notes: 1; Bid price shall include the installation of one (1) 8" diameter test pile and subsequent pile load test by independent laboratory. 2. Bid price shall include the Contractor obtaining all required construction permits from the City of Cape Canaveral Building Department. 3. Bid price shall include survey stake -out of the three (3) observation platforms. 4. Bid price shall include installation of staked silt fencing along entire boardwalk length adjacent to river top of bank. END OF SECTION 00300 BID 00300-3 04-09.2001 MON' 13:37 FAX Bouchard Apr-o9-Ol 08:35 City of Cape Canaveral Manatee Sanctuary Park Boardwalk City of Cape Canaveral, Florida SSA Job No. 99021 SECTION 00650 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE CNA INSURANCE COMPANIES insurance corfpwy Address3175 SATELLITE BLVD BLDG600STE600 of _ DELUTH, OA 30096 has issued policies of Insurance, as described below and identified by a policy number, to the insured named below: and to certify that such policies are In full force and effect at this time. It is agreed that none of these policies will be canceled or changed so as to affect the interest(s) of the City of Cape Canaveral (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancellation or change has been delivered to the City of Cape Canaveral. Insured: Don Facciobene, Inc. Address: 5055 Babcock St:. NE #7, Palm Bay, FL 32905' Status of Insured: XX Corporation Partnership Individual Location of Operations Insured: Description of Work: INSURANCE POLICIES IN FORCE Fomvs of Coverage Policy Number Expiration Data 'Worker's Compensation/Employers' WC 166791601 12/31/01 Liability +Comprehensive Automobile Uability -Comprehensive General Liability +Excess Liability Other_PA specify type) ►P " ` . 1 I. F • WC194261679 12/31/01 Z. 4 LI CERTIFICATE OF INSURANCE 00650-1 Q 00.1 004 P.02 04-'09,-2001 :4101 13:37 FAX Bouchard Ap-r—og-01 08:35 0003/004 P-03 City of Cape Canaveral Manatee Sanctuary Park Boardwalk City of Cape Canaveral, Florida SSA Joh No. 99021 POLICY INCLUDES COVERAGE FOA: YES NO 1. Additional Insured: Owner and Engineer 2. 'Liability under the United States Longshoremen's and Harbor Workers' Compensation Act. 3. +All owned, hired, or nonowned automotive equipment used in connection with work done for the Owner. , 4. -Damage caused by explosion, collapse or structural Injury, and damage to underground utilhles. a 5. -Products/Completed Operations =� 6. -Liability assumed in the Contract 7. -Personal Injury Liability _ 8.1 +Excess Liability applies excess of: (a) Employers' Liability x (b) Comprehensive General Liability_ Comprehensive (c) Automobile Liability_ LIMITS OF LIABILITY FORMS OF COVERAGE BODILY INJURY PROPERTY DAMAGE Workers' Compensation Statutory Employers' Liability $ Each Accident XXXXXXXXXXXXXXX , Comprehensive Auto $ Each Occurrence Liability Combined Single Limit BI/PD Comprehensive $ Each Occurrence General Liability Combined Single Limit BI/PD • Excess Liability $ Each Occurrence Combined Single Limit BI/PD Other (please specify type) ' Excess is to be provided only when a combined single limit is used. Claims made policy forms are not acceptable. The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Engineer when so requested. �3 CERTIFICATE OF INSURANCE 00650-2 �J 04/09/2001 MOIL 13:38 FAX Bouchard Ap►--09-01 08:36 Q004/004 P_04 City of Cape Canaveral Manatee Sanctuary Park Boardwalk City of Cape Canaveral, Florida SSA Job No. 99021 NOTE: Entries on this certificate are limited to the Authorized Agent or Insurance Company Representative. Date 4/11/01 (SEAL) CNA INSURANCE COMPANIES IiSsued atCLEARWATER, FL M I Insurance Company Authorized Representative Name of Authorized Representative: TIM BOUCHARD Address of Authorized Representative: 101 STARCREST DR, PO BOX 6090, CLEARWATER,FL 33758-6090 Phone Number of Authorized Representative: 727-447-6481 Insurance Agent Or Company ROGER BOUCHARD INSURANCE INC - Se origin and one(. -Jto: City of Cape Canaveral �p) Parks and Recreation Department Nancy L. Hanson, Director 7300 N. Atlantic Avenue Cape Canaveral, FL 32920 END OF SECTION CERTIFICATE OF INSURANCE 00660-3 I 11 F A M F R I C A N I N S T 11 II T F. 1111 II" ,1I,I lout itmenl A 1115 II F A R C. II I F F. I I Contractor's Qualification Statement 1986 EDITION IIwi /►)r►►r is apps-mr(l n+►rl rcav►►►r►► ewlcrl hl' 7be /0,1erit I)IsIifIIt('nJ A►•tIrilt'Cfs (,1/A) noel Me Assooafe'd (:e ni'rnl C,i►lufrnt-Inre r f Amet icel (A(; fr►►• r+se' i►l e'!•elllcerl- ilig fbe rpinlift"riiu+ls rr/ Cmap-aft lur:.N. Nn epub see)fell/ (►j lbe Slibmilfllig l)C+r-!)' u+' !'crifirnlirur uj Ilrp ilrfrn urnliu►r is +llnde ht' IN, AIA or Nd". The Undersigned certifies under ()ath that 111c hifOrnta►ion provided herein is trtle ane! SUM- ciently c(1n111lctc So as flot to be ntislcaldillg. stII1MFf"FFnit) City of Cape Canaveral, Parks & Recreation NAME OF I'W)IG(J (if :y1111icat,tc): t)F Wk)RK (file St-pawc form for each (:IassificMion of A`ork) X__-- (1clivi-A Collclrlicti(ln -_ 11VA(: 1'tllnil)mR ____— Electrical (hlca�c s)lctiO) --- ---- - y t "l•t nFht I'N. I. I'N`'I. IO -t) r ' 1,)W. In lilt- Am1 lit :111 11"tiltltt- n( Art hilct is I - 4 i Nct� S1 uk A+cmil'. N %X It`n, 11t !tRRN. Itt•Ixt•tlurtiuntd lht.m.urri.tl he rcurt111tn;Iimlohf,l.r." i'innc«ilh.-ul%mien I'crn/i'Swrn "f 1ht AL1 t9.JAW1 the 4tll`%li{11t L1tt...I Iht I',liltit mitt will Ir. WK -11 h11l<cttill"n AIA oOCWNENT A30S • . r IN I RAt I1 N N Q1 Al 1114 Al 11 .N I AI uII-N I I"1(• I LII I It IN •Alt' 1'rw• A305-1986 1111 %!�11 Ill, AN INTI II I I I fit Alit 111111 I � 1 -%q Nl 11 \..It1. 11111 I N \( 11.1%"INI:I� IN 1.1 _'•*r• Karen L. Hanson ADDRESS: 7300 N. Atlantic Avenue SMIN11-1�lEDBY: Cape Don Facciobene, Canaveral, FL 32920 Inc. c:url)oruion NAME.- 1)arhicrship AI)))RESS: 5055 Babcock Street, NE Suite 7 IIItlI1.ltl":'1 t'Rtrvcal'nt. (FFI( (palm Bay, FL 32905 tt,;nt VCtTturc (rihcr NAME OF I'W)IG(J (if :y1111icat,tc): t)F Wk)RK (file St-pawc form for each (:IassificMion of A`ork) X__-- (1clivi-A Collclrlicti(ln -_ 11VA(: 1'tllnil)mR ____— Electrical (hlca�c s)lctiO) --- ---- - y t "l•t nFht I'N. I. I'N`'I. IO -t) r ' 1,)W. In lilt- Am1 lit :111 11"tiltltt- n( Art hilct is I - 4 i Nct� S1 uk A+cmil'. N %X It`n, 11t !tRRN. Itt•Ixt•tlurtiuntd lht.m.urri.tl he rcurt111tn;Iimlohf,l.r." i'innc«ilh.-ul%mien I'crn/i'Swrn "f 1ht AL1 t9.JAW1 the 4tll`%li{11t L1tt...I Iht I',liltit mitt will Ir. WK -11 h11l<cttill"n AIA oOCWNENT A30S • . r IN I RAt I1 N N Q1 Al 1114 Al 11 .N I AI uII-N I I"1(• I LII I It IN •Alt' 1'rw• A305-1986 1111 %!�11 Ill, AN INTI II I I I fit Alit 111111 I � 1 -%q Nl 11 \..It1. 11111 I N \( 11.1%"INI:I� IN 1.1 _'•*r• 1. ORGANIZATION I l llttw• tit.my years has ytntr tlrKanizati,11 I,, h► husintss as a CuI►rractur' 14 Years. 1.2 I I11w• n►any years has your urgm1iTttiur► been in husil►css unlet its rrcccnl husincsc nanx? 14 Years. 1.2 1 llnticr wh:u other 1Ir Glrnlcr Warnes llas yturt ttrganinnitn of-lcratctl' 1 3 If y0111' urKani7alitnt is a ct►rlunmilm, answer the ft111utcing. I.i 1 Daic of incorlx►ruil►n: April 15, 1987 1.3 2 %talc of inct►rI-it atiln Florida 1.; i I'resiticnt's mune: Don Facciobene I.'11.4 Vicc y►resiticnl's rrttnc(s): I.i 5 Sccrcury's n:urtc: Don Facciobene - i -i k Trcasurcr :s n:mtc: 1.4 If your organi7Jtitm is a answcr "W fulluw•ittR: L4 1 Ditc of t►rg:111i7atit►n. 1.4.2 Typc of Ixtrinershil► (if ahhlicahlc) 1.1.A Namcls) of general i)artncr(s): 1.5 If your orf{aninair„t is ir►clividicilly uwnctl, allswcr the following: 1.%A Mow of urwMirttit►n: 15.2 Nanc (if owner: AIAOOCU1rt"j joo -14 NINAt 111RSVVAIIIIq AIIUN+IAIIkIl*,l • pot. 1411MIN-.tta• •' I'� A305-1986 2 loll ►slllttt ANIti•11II 11 111 ANtr1In1 1%. 1'$%NIR NO” t: Ail 1 I NIA MA11111M.1"I'll t s�■■K 1 If flit f.. roll rItt.fit .Irg.luv.$lu.41l`INTI(IIII.nlIll- 1,1'II%Itl1Al"1%C.tit S4111wit III, lnullt lht lir imIf%[IN 2. LICENSING 2.1 I.i%l jilt k(lic[it ln', :$fill IrmIt. r:gcl;rfric� itr %% Ill( lt 11+tlf Illplii/mien f% Icx.11l� ill :111fit Ll lu ttu IIIl%iIwN a11$1 ifitfit atc Iugicu:If if if .Ir lit cw,(- rlluntx•rs• if :gll)tit Avid' State of Florida Certified General Contractor CGC-038695 1 w lilt isthrlid om in %'L Ili( 11 clluu IleK.uliruilnl'c I'arrl$cr.tfill ur Iradd: traffic i.� filctl Brevard County Indian River County City of Melbourne City of Palm Bay City of West Melbourne 3. EXPERIENCE 3.1 IJV IIK• c:nc}trlrice elf work Iliac %$11117 (KgNtir:llilnl IYlrntallt lx'rfurtrti With Ill tri1,'11 fOrcce. Concrete flat Work Cast -In -Place Conctete Masonry Steel fabrication & erection Rough Carpentry Finish Carpentry Metal Framing Gypsum Wallboard Acoustic Ceilings Painting Floor Coverings 1 1 If 1:1imt, autcl l►$ite. 111" tltc ammt,rr 11. ani of tIx• cl%nailnu 1x$%$1717 is %c%. l4casc :$u:hit dvl.lil. l i.t. I IL'cs 1•41,111' "twiltiialiun c%rr bilccl to c$Irnlrtc•Ic ani- murk a%%ack•cl w ill No i ' 2 Arc tlxrt' ane ititl>;nK•lus• claims• arltit l;Ili1M1 I>nKCYtililnN fir soils lxtKlul>;ur titilsi-111 119 akairnsf yt»Ir ilrganis:rtiun for its ufficrn? No i l_1 Ilan }•ntrr or)irnli7atillet riled any la%c stlits r$r rutitic—mc t arllitratiun %%lilt rc}t:lyd rel c(mMruc lion c<,tnrA-IN %%itltin the Lt<t fif.c ►tarx) No S. S Wilhin 1114• last lice %care. Itas ani' Office•$ le 1»i$x'il+al r►f 1tnlr dinganiealit»$ c%rr Ixrn an r/fliccr lIr lairx il>:1f t I( :rl>t MIK•$ t K�:ntiruil »% %cl K•n it faitctl Ir 1 %r »uhlc•Ic• a cl »nlrtic•1 u m cr Irl$ r.IcN (1► t IK' an..% cr i. %cs, l>Ica�c' attach tk laife.l No AIA DOCL WPIT A305••. MV I M\I II Mr%.M'AI If it AI I/.Y I I if I%I 1 V 1. 1•.... It N I ft..%••l%* • /••... fill ..11x1. \V 1'x.1 SII 11 'if %irI 11111. 11 I_%%%'IO %1•1fl. NIVI1 Nth %t.I IIw.. II .Y I.. •.. A305-1986 3 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. 3.4.1 State total worth of work in progress and under contract: 4,100,000.00 3.5 On a separate sheet, list the major projects your organization has completed In the past five years, giving the name of protect, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 3.5.1 State average annual amount of construction work performed during the past five years: 5,000,000.00 3.6 On a separate sheet, list the construction experience and present commitments of the key Individ- uals of your organization. 4_ REFERENCES 4.1 Trade References: CSR America (Rinker) 321-633-0699 Acct# 0003005758 PO Box 905875 321-633-1630 (fax) Charlotte, NC Southdown, Inc (Florida. Mining) PO Box 31325 800-282-9133 Acct# 213-14459 Tampa, FL 33631-3325 813-931-2962 (fax) Hughes Supply PO Box 102188 Atlanta, GA 30368-2188 Dunn & BRadstreet 4.2 Bank Referertces: Bank of America 4710 Babcock Street Palm Bay, FL 32905 Debbie Bistarkey 4.3 Surety: 4.3.1 Name of bonding company: Capital Indemnity 4.3.2 Name and address of agent: Guignard Company PO Box 180817 321-724-5880 Acct# 6772!17 321-676-3692 (fax) 61-504-3098 321-723-1118 Acct# 3739030665 'Casselberry, FL 32718-0817 — AJA DOCUUM AM 6 (AINTRACTOR'S QUALIFWATION STATEMENT • 19116 Et)1TION • At40 • 01W, UIE AMERICAN INSII1111 E OF AIICIIITF.(. . IYii Nr.W YORK AVENUE, NV . >y'Ag11NGTON, b f. V0116AM-19N4 S. FINANCING S.1 Finan, ial Statcmcnt 5 I 1 Anach a ffnanciA stalcn►cnl, prcknthly audilcd, including your organization's laicsi halancc sheet Incl income .slalcmcnt showing the following ilcnrs: Current Assets (c.g , cash, joint venture Accournts, accounts rcceivahlc, notes rceeivahle, accrued income, deposits, rttalerials inventory and prely.►id Cxlrcliscs); Ncl I-ixccl Asscts; 011icr Assets; Current H;IbilitieS (e g., accounts I,ayahlc, note, payable, accrued expen.ws, pro vision for income taxes, advances, accrued salaries and accrued payroll taxes): Olhcr I.iahilitics (e.g., capital, capital stock, authorimd and outstanding shares par values, earned surplus ane[ retained earnings). i 1 L Name and addretis c►f (trill prcly.Iring attached financial statcmcnt, and clue thereof. 5. 1 .1 IS the attached financial Statement fur IIIc identical orgarli/Atiun 11AMCd on page one? Yes- Financial Statements upon request 5.1.1 If not, cxplairt the rclatiolt,hih and financial reslxmsibility c►f the o1gani7.ation %chose financial st:ucntcr►t is provided (e.g., patent -subsidiary). 5.1 Will the organ mlion whose financial statement is attached act aS guarawor of the contract for con- structioW Yes. AIA DOCUMENT A305 • 1 4INI NAI If IN % nl'AIII It Ant IN, I A I I M►N I • I -OW, I In I 11IN • AIA' • - 1-Iw. lift ANII RI1 AN 1 111 AH1 ffllfla\,I-%SNI A 11I'1N A% INI F. N4 IAA%ifIN(.IIIN. III 1l1111f, A305-1996 5 6. SIGNATURE rt I I):uccl at 2:00 p.m. this twelfth (UY t)f April, 2001 Nantr (if Or�;aniiatiun cciobene, Inc. By; aceiobene Title President 62 Mr. Don Facciobene--------------------------------------- Ixing duly sworn deposes and says that rhe inf(trmrhon prc�vidcd herein is true and sufficiently ctnrthletc set as not to be misleading. Subscribed and s%vorn before me this twe i f th tL• y of April, 2001 Notary Public: My Commission Expires: CASSIE S. WOLFSON Notary PubNc Stats 01 Flodda At1y Commission Exon on Feb. 16, 2002 Commission #CC716694 ALA DOWMENTA306-41)N1KAI IttK,ttt unK %11O% taII%WNI • •tw.ttniutN• NIA'•. t•w. 11rl A%f Kkt % INS IM tfta- AKtfttrf( 11 1-1%%tV tt.KKA%INtt.Nbl. k,rI$%(.it).\,I" A305-1986 6 QZLll D o n Facciobene IN::I?i�,"►%ATED '.,F":Fr<,` ldl2F�CTOI�S SUBCONTRACTOR'S LIST The Novo Group, Inc. Standing Seam Roofs 60 Sunset Drive, Unit D W. Melbourne, FL 32904 Sergio Novo, 722-2211 5055 BABCOCK STREET, N.E. S7 PALM BAY, FL 32905 (321) 727-7100 CGC-038695 11 Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT AGENDA: DISPOSITION OF SURPLUS PROPERTY DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council authorize the disposition of surplus property as recommended by the public works director (see attached list) Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Public Works Director's memo of 04-23-01 City ManaRergOffice -� Department PUBLIC WORKS cape -n tm documen �t eeting12001105-01-01lsurplus.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 23, 2001 SUBJECT: City Council Agenda Item for May 1, 2001 Disposition of City of Cape Canaveral Surplus Property Pursuant to Florida State Statutes, Chapter 274 Tangible Personal Property Owned by Local Government, request the disposal of the attached list of surplus property by seal bid. Recommend that bid packages to be forward to local salvage dealers. The listed are obsolete and serve no useful function to the City of Cape Canaveral. The items will be displayed at the City's Public Works facility located at 601 Thurm Boulevard. Viewing time will be during normal working hours (Mon -Fri) from May 14th' to May 30th, 2001 from 8:00 to 2:00 p.m., prevailing time. The items requested for disposal are no longer needed by the City and/or have been replaced through the budget process. Bid opening to be May 30'h 2001 at 3:00 p.m. A second bid will be scheduled for other surplus office type items. In accordance to FS 274.07, recommend the approval authorizing and recording of the disposal of City of Cape Canaveral surplus property. Attachment CC: File City ID City Surplus Items Item Description 1 1987 Chevy S-10 P/U 2 1990 Chevy Caprice 3 1992 Chevy Caprice 4 1986 Nissan P/U 5 1991 Buick Regal 6 1989 Ford LTD Crown Vic. 7 Boat trailer 8 Mower, Gravely 9 Lot #1 Scrap metal Ice Machine Dishwasher Digester Mixer w/motor Compressor DP pipe, and other metal Metal lab cabinets A/C unit City ID VIN # Bid Amount 1709 1 GCCS14RXH8167372 2133 lGlBL547XLA131481 1410 1 G1 BL5379NR138752 2141 1 N6ND01 SXGC316263 2270 2G4WR14T5M190738 2236 2FABP7261 KX172572 na S/N 0061353 na statutes ->View Statutes->2000->Ch0274->Section 07: Online Sunshine SOnline idormpHoo; LLobhrisl unshine welcome t Sessloo l Committees k leelslolon Cmnec tiitetmeeoe View Statutes Search Statutes Constitution Laws of Florida Order Select Year: I 2000 7- Gp The 2000 Florida Statutes Title XVIII Chapter_ 274 View Entire PUBLIC LANDS AND Tangible Personal Property Owned By Local Chapter PROPERTY Governments 274.07 Authorizing and recording the disposal of property. --Authority for the disposal of property shall be recorded in the minutes of the governmental unit. The disposal of property within the purview of s. 274.02 shall be recorded in the records required by that section. History. --s. 7, ch. 59-163. Welcome • Session • Committees • Legislators • Infor_mation Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. _Privacy Statement Page 1 of 1 http://www.leg.state.fl.us/statutes/.../SEC07.HTM&Title=->2000->Ch0274->Section%200 04/26/2001 statutes ->View Statutes->2000->Ch0274->Section 06: Online Sunshine Sunshine y . IefornaUoa' lobhyist ►?unSi11illP� Welcome Session Comnillses Legislators Center Jeforn1111% View Statutes Stag Statutes ions*,itution Laws of Florida Order Select Year: 2000 -� Go The 2000 Florida Statutes Title XVIII Chapter 274 View Entire PUBLIC LANDS AND Tangible Personal Property Owned By Local Chapter PROPERTY Governments 274.06 Alternative procedure. --Having consideration for the best interests of the county or district, a governmental unit's property that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function, which property is not otherwise lawfully disposed of, may be disposed of for value to any person, or may be disposed of for value without bids to the state, to any governmental unit, or to any political subdivision as defined in s. 1.01, or if the property is without commercial value it may be donated, destroyed, or abandoned. The determination of property to be disposed of by a governmental unit pursuant to this section instead of pursuant to other provisions of law shall be at the election of such governmental unit in the reasonable exercise of its discretion. Property, the value of which the governmental unit estimates to be under $5,000, may be disposed of in the most efficient and cost-effective means as determined by the governmental unit. Any sale of property the value of which the governmental unit estimates to be $5,000 or more shall be sold only to the highest responsible bidder, or by public auction, after publication of notice not less than 1 week nor more than 2 weeks prior to sale in a newspaper having a general circulation in the county or district in which is located the official office of the governmental unit, and in additional newspapers if in the judgment of the governmental unit the best interests of the county or district will better be served by the additional notices; provided that nothing herein contained shall be construed to require the sheriff of a county to advertise the sale of miscellaneous contraband of an estimated value of less than $5,000. History. --s. 6, ch. 59-163; s. 22, ch. 94-226; s. 7, ch. 96-209. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacy- Statement Page 1 of 1 http://www.leg.state.fl.us/statutes/.../SEC06.HTM&Title=->2000->ChO274->Section%200 04/26/2001 Meeting Type: Regular Meeting Date: 05-01-01 AGENDA REPORT AGENDA Heading consent Item 5 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT AGENDA: COOPERATIVE PURCHASE OF SANITARY SEWER LINING SERVICES DEPT./DIVISION: WWTP/PUBLIC WORKS Requested Action: City Council approve the cooperative purchase of sanitary sewer lining services as recommended by the public works director. Summary Explanation & Background: Funds are budgeted; see attached memo. I recommend approval. Exhibits Attached: Public Works Director's memo of 04-25-01 City is Office Department WWTP/PUBLIC WORKS \my doc rte rritSCcouncil\meeting\2001\05-01-01\sewerlining.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 25, 2001 SUBJECT: City Council Agenda Item for May 1, 2001 Cooperative Purchase with the City of Orlando for Sanitary Sewer Lining; Griner's Pipeline Services, Inc. As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Three years ago the collection crew had identified problem areas and developed a five -(5) year plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform lining of 4,536 feet of sewer line. The estimated cost for slip lining is $140,616. A total of $396,000 has been budgeted for the Sewer Collection System Rehabilitation Improvements for this budget year. This work is complete. The City's Public Works Department staff has located a line blockage within the 10 -inch ductile iron sewer line along the canal south of lift station #3, see attached map. Due to the type of the construction of the line, a cutter tool is required to clear the blockage and build up along the pipe wall. This is a common problem with older DIP sewer lines. Griners will clean 1,200 feet of DIP sewer line for the amount of $7,800. The City of Cape Canaveral had utilized Griner's Pipeline Services last year and found the quality of workmanship satisfactory. Funds are available and budgeted. On February 15th 2001, City Council approved the cleaning and inspection of the pipe. This part of the task is complete. Staff has reviewed the video inspection tape of this pipe and has determine that a total of 1,198 feet of the DIP pipe it is in need of a lining. The total cost for this project is $41,331. Funds are available. Recommend approving the cooperative purchase with the City of Orlando for service from Griner's Pipeline Services, Inc. in the amount of $41,331. Attachments CC: Walter Bandish, File -._ vi ! GEw \ I `2 P. S.#8 �l z 0 1 � ell' P. S.6 ' 6' F. A/. +6 F. M. +3 -� 10• C.J.P. '£R--_i0L ro• wl � CZ) J, yl - • J __ TI W 12" C. -�,L-------- 11 ,,Q O- I JI (>_ 1 WV< c- Vi� m J I -� AVE c INA io- ROSAL /ND AVE , -- 4 /S'— - I • C.I.P. � � i krRTi£ AVE I v cc I I — p o— Ell I \ N o 1 ¢ o- p I I v I Q a f I P. S. 3 (NEW) W anual Agreement for Sanitary Sewe, Lining and Manhole .<ehabilitation —I t .,'ATION TO BID # B199-1310 1. FOB Point Delivered Onl Total Bid (this page) ?. Terms of Payment (e.g. Net 30) 2� 10 da s; net 30 days The City shall receive shipment or project completion notice within 45 days from the date "Vendor receives Official Purchase Order or Notice to Proceed. techeck your quotations prior to submission. Bids may not be changed after being opened Iffice of Purchasing and Materials Management Page: 11 INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sanitary Sewer Line, Manhole Rehabilitation and Root Control Item No. Quantity Unit Description Unit 6' Price Total FT 8 in. pipe, for job sizes from 1,001 R. 2' or more. FT 10 in. pipe, for job sizes from 1 R. 8' to 1,000 fl. FT 10 in. pipe, for job sizes from 1,001 ft. $ 38.00 $ 9. or more. FT 12 in. pipe, for job sizes from 1 ft. 35. 00 to 1,000 R. $48.00 $ 10. FT 12 in. pipe, for job sizes from 1,001 ft. or more. 11. FT 18 in. pipe, for job sizes from 1 ft. to 1,000 ft. 2' FT 18 in. pipe, for job sizes from 1,001 fl. $ 7 4 00 $ or more. $72.00 $ FT 24 in. pipe, for job sizes from 1 fl. to 1,000 R. 4' FT 24 in. pipe, for job sizes from 1,001 ft. $120.00 $_ or more. $111.50 $ Group II The Purchase and Installation of Polyvinyl Chloride Pipe Lining FT 4 in. pipe, for job sizes from 1 ft. to 1,000 ft. i. FT 4 in. pipe, for job sizes from 1,001 R. $No Bid $ —� or more. $ No Bid ' FT 6 in. pipe, for job sizes from 1 R. to 1,000 ft. FT 6 in. pipe, for job sizes from 1,001 ft. $ 32.00 $ or more. $ 31.00_ 1. FOB Point Delivered Onl Total Bid (this page) ?. Terms of Payment (e.g. Net 30) 2� 10 da s; net 30 days The City shall receive shipment or project completion notice within 45 days from the date "Vendor receives Official Purchase Order or Notice to Proceed. techeck your quotations prior to submission. Bids may not be changed after being opened Iffice of Purchasing and Materials Management Page: 11 Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Consent [tem Summary Explanation & Background: No. secure funding for the estimated construction cost of $109,000. I anticipate funding from the Villages of Seaport AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT WITH BREVARD COUNTY DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: City Council approve the Transportation Impact Fee Trust Fund Disbursement Agreement with Brevard County for the purchase of professional engineering and design services for intersection improvements at N. Atlantic Avenue and W. Central Blvd. Summary Explanation & Background: SSA has been tasked with the design of the intersection improvements. This task is currently on hold until I can secure funding for the estimated construction cost of $109,000. I anticipate funding from the Villages of Seaport escrow funds, Cape Caribe, Brevard County and City Transportation Impact Fees. I recommend approval. Exhibits Attached: Disbursement agreement City a 's Office - , Department STREETS/PUBLIC WORKS t y docu nts unci]\meeting\2001\05-01-01\transportation.doc BREVAR4; "" BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Brevard County Planning and Zoning Office Telephone (321) 633-2069 2725 Judge Fran Jamieson Way Fax (321) 633-2074 Viera, Florida 32940 April 11, 2001 Bennett Boucher, City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Dear Mr. Boucher: On March 20, 2001 the Board of County Commissioners approved the project funding recommendations prepared by the Technical Advisory Committee for Transportation Impact Fee Benefit District 9 that included funding for the design of intersection improvements at North Atlantic Boulevard and West Central Avenue. I have enclosed the Transportation Impact Fee Disbursement Agreement for execution by the City of Cape Canaveral. Please return the fully executed original document to me and I will have it recorded and returned to the County Clerk's Office. After I receive the fully executed agreement I will submit a payment request to the Finance Department. Sincerely, Stephen M. Swanke, AICP Planner III enclosure TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for PUBLIC TRANSPORTATION FACILITIES in the amount of $6,700.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS INDEX ARTICLE PAGE I DEFINITIONS AND IDENTIFICATIONS..................................................................... 1 IIPREAMBLE ..................................................................................................................... 2 IIIPROJECT(S) .....................................................................................................................3 IV FUNDING AND METHOD OF PAYMENT.................................................................. 3 VRECORDS ........................................................................................................................ 4 VIASSURANCES ................................................................................................................4 VIIINDEMNIFICATION CLAUSE...................................................................................... 5 VIIITERM OF AGREEMENT................................................................................................ 5 IXTERMINATION ............................................................................................................... 6 XINDEPENDENT CONTRACTOR................................................................................... 6 XI ALL PRIOR AGREEMENTS SUPERSEDED................................................................ 7 XIINOTICES ..........................................................................................................................7 XIIIAMENDMENTS ..............................................................................................................7 XIV CONFLICT OF INTEREST.............................................................................................8 XVSEVERABILITY ..............................................................................................................8 TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for PUBLIC TRANSPORTATION FACILITIES in the amount of $6,700.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS This is an Agreement between: BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WITNESSETH that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically set forth in this Agreement. 1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal corporation. 1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the State of Florida. 1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida. 1.5 DIVISION: means the Planning and Zoning Office of Brevard County, Florida. 1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida.. 1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing for participation in the Brevard County Transportation Impact Fee Program. 1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by CITY. 1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit "A" entitled "Project Description". 1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY pursuant to the terms of this Agreement. ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this '-Agreement is based. 2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida, incorporated herein by reference, provides for the imposition of the Transportation Impact Fee and sets forth the manner and amount for collection and use of funds. 2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference, the COUNTY and CITY have coordinated the collection of Transportation Impact Fees and participated in the process for project recommendations to the Board of County Commissioners of Brevard County, Florida. 2. -3) Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations as to the allocation of expenditure of funds. 2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures COUNTY, that CITY will comply with all state and local statutes, rules and regulations and applicable codes and regulations as made known to the CITY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to CITY. ARTICLE III PROJECT(S) CITY hereby agrees to provide and implement the following eligible Project(s): Purchase of professional engineering and design services for intersection improvements at North Atlantic Boulevard at West Central Avenue in the City of Cape Canaveral, Florida. From District 9 TIFT Fund. Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof. ARTICLE IV FUNDING AND METHOD OF PAYMENT 4.1 The amount payable by COUNTY under this Agreement shall be $6,700.00 4.2 Following execution of this Agreement, the Planning and Zoning Office Director or designee shall provide written notice to Department for the disbursement of TIFT Funds. ARTICLE V RECORDS 5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of Impact Fees, including records as to bid awards and purchase orders. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. 5.2 If CITY has awarded a contract to an independent contractor to perform Project(s) services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's invoices stating the services rendered and the date the services were rendered specifically identifying TIFT Funds used. 5.3 CITY agrees to furnish to the Planning and Zoning Office Director, status reports on November 1 of each year identifying the interest accrued, the expenditures to date and the project progress. ARTICLE VI ASSURANCES 6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and codes and regulations. Any conflict or inconsistency between state or local guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 6.3 CITY hereby agrees to maintain books, records and documents in accordance with standard accounting procedures and practices of the CITY which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in Article VIII. All TIFT funds not expended within the term of this Agreement shall be returned to the custody and control of the COUNTY. An administrative extension, if requested prior to expiration, may be granted by the Planning and Zoning Office Director for a period not to exceed one hundred eighty (180) days if just cause is shown. 6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT Funds are not sufficient, the CITY may submit to the COUNTY a request for additional revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to that request, the CITY agrees to utilize its independent resources to complete the project. 6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended in violation of the Agreement, it shall be responsible to refund such monies in full to COUNTY. 6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty (60) days following the expiration date in Article VIII or within sixty (60) days following an administrative extension under Section 6.4, if applicable, along with a completed Form B, attached hereto and by this reference made a part hereof. An administrative extension for the return of funds, if requested prior to the sixty (60) day expiration period, may be granted by the Planning and Zoning Office Director for a period not to exceed sixty (60) days if just cause is shown. 6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY provided that this interest shall be added to TIFT Funds committed to the Project(s) by the CITY and used in conjunction with the original allocation to further the eligible project objective. Expenditure of program interest is subject to the terms of this Agreement with Brevard County. Any remaining TIFT funds, including the amount of interest generated in a contract period if not expended for the approved Project(s) shall be returned to COUNTY and shall be placed back in TIFT account for benefit of District 9 within the time periods provided in Section 6.7. 6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund shall be used only for eligible activities specifically outlined in this Agreement. Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund the future capacity components for transportation facilities identified in Exhibit "A". 6.10 CITY hereby agrees to submit to the Planning and Zoning Office within sixty (60) days of the completion of each Project(s), as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and by reference made a part hereof. ARTICLE VII INDEMNIFICATION CLAUSE CITY, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the CITY's willful failure to perform any obligation or undertaking of the CITY as set forth in this Agreement. ARTICLE VIII TERM OF AGREEMENT This agreement shall commence on the day the Division Director provides written Notice to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2002. ARTICLE IX TERMINATION 9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement and may require the return of funds expended or committed for expenditure in violation of this agreement by giving written notice to CITY of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. If just cause is shown prior to termination, the Planning and Zoning Office Director may specify in writing the actions that must be taken by CITY and a reasonable date for compliance; as a condition to avoid termination. In no event can the Agreement date be extended beyond the periods provided in this Agreement without amendment to the Agreement executed with the same formality and of equal dignity herewith. 9.2 In the event of termination, upon request by the COUNTY, copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, reports prepared, and any other like documents secured by CITY with TIFT Funds under this Agreement shall be provided to COUNTY. 9.3 In the best interests of the program and in order to better serve the people in the impact fee districts and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest accrued therefrom. 9.4 The parties hereby agree that the following events are sufficient cause for termination of the Agreement. Such events include, but are not limited to: a. Improper use of TIFT Funds; b. Failure to comply with the terms of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY are subject to supervision by CITY and employees or service providers shall not be deemed officers, employees, or agents of Brevard County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY, or state rules or regulations relating to the use of TIFT Funds. 6 ARTICLE XI ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990. ARTICLE XII NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to - wit: FOR COUNTY: Director Brevard County Planning & Zoning Office 2725 Judge Fran Jamieson Way Viera, Florida 32940 FOR CITY: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 ARTICLE XIII AMENDMENTS COUNTY may amend this Agreement, if required by legislation, to conform with mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment which were in compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and such notification shall constitute an official amendment. No other modification, amendment or ARTICLE XIV CONFLICT OF INTEREST CITY covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project(s) during this tenure which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be disclosed in writing to the Division. ARTICLE XV SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the COUNTY and CITY by their duly authorized representatives on the respective dates below. BREVARD COUNTY BOARD OF ATTEST: COUNTY COMMISSIONERS �Cott/Ellis, Clerk Susan Carlson, Chairman As approved by the Board of County Commissioners on March 20, 2001 CITY OF CAPE CANAVERAL, FLORIDA ATTEST: Susan Stills, City Clerk Rocky Randels, Mayor Date: , 2001 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 3 *`d day of 2001 by Susan Carlson, Chairman of the Board of County Commissioners of Brevard County, Florida, who is personally known to me or produced identification and who did take an oath. BEPNADEnES.TALBEST ='f�'�": MY COMMISSION # CC 936140 y 14, 2004 '-� EXPIREPOk u�d"WArS ,ar,h� e°A°a°nw STATE OF FLORIDA COUNTY OF BREVARD § - - zt�--�-7yz� NOTARY "LIC - State of Florida as The foregoing instrument was acknowledged before me this day of , 2001 by Rocky Randels, Mayor of the City of Cape Canaveral, Florida, who is personally known to me or produced as identification and who did take an oath. NOTARY PUBLIC - State of Florida EXHIBIT "A" PROJECT(S) DESCRIPTION (Give a detailed description of the work/project to be funded by this Agreement.) This project includes the purchase of profession engineering and design services for intersection improvements at North Atlantic Boulevard and West Central Avenue in the City of Cape Canaveral. The proposed scope of work includes but is not limited to the purchase of professional engineering and design service, survey services, and associated administrative expenses. From District 9 TIFT Fund. M E 0 U 03 U O N cG U CL G1. ConcCS N cC N U Q r- 0 cz Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Consent Item 7 No. The commander will be in attendance to answer any questions you may have. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AMENDMENT TO POLICE SERVICE CONTRACT DEPT./DIVISION: SHERIFF'S DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider an amendment to the police service contract in the amount of $14,905 for capital equipment as requested by Commander McGee. Summary Explanation & Background: The attached memo outlines the commander's request. There are general fund contingency funds and police impact fees to help offset this request. The commander will be in attendance to answer any questions you may have. I support this request. Exhibits Attached: Sheriff's letter dated 04-26-01 City Man.4�ffice _ Department SHERIFF'S DEPT/PUBLIC SAFETY cape -n ocumen lcou - � g\2001\05-01-01\police.doc T % 7- - BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue Titusville, Florida 32780-4095 (321) 264-5201 Fax (321) 264-5360 Member Iorido Sheriffs Association slotionol Sheriffs Association April 26, 2001 gorth Precinct '00 Park Avenue itusville, FL 32780 3 21) 2 64-53 53 City of Cape Canaveral ax (321) 264-5359 City Manager, Mr. Bennett C. Boucher :ast Precinct 105 Polk Avenue 1575 N. Courtenay Pkwy. Post Office Box 326 Aerritt Island, FL 32953 Cape Canaveral, FL 32920 3 21) 455-1485 ax (321) 455-1488 Reference: Midyear contract amendment :anaveral Precinct 11 Polk Avenue :ape Canaveral, FL 32920 Mr. Boucher: 3 21) 868-1113 ox (321)784-8340 Pursuant to our conversation, this letter is forwarded to your attention in order to request a mid -year contract amendment. The following capital purchase Vest Precinct items are requested.* 725 Judge Fran Jamieson Vay, Bldg. E 1. Three (3) in -car video cameras. $11,505.00 a, FL 32940 3 21) 633-2123 2. Two Gateway desktop computers $ 3,400.00 ox (321) 633-1965 *Prices are based on current quotes and are subject to change. ;outh Precinct ,0 S. Nieman Avenue The requested items are justified as follows: Aelbourne, FL 32901 321) 952-4641 In car video cameras, as you know, are an invaluable tool in the successful ax (321) 952-4635 prosecution of crimes. We were very fortunate to be a part of the grant program through LP. TA/1., which allowed us to utilize several in -car video Irevard County letention Center cameras, and in fact to retain the cameras for use in the City of Cape 0. Box 800 Canaveral. However, not all city patrol vehicles are currently equipped with 60 Camp Road cameras. The addition of three (3) cameras will help to outfit additional City harpes, FL 32959 patrol vehicles. Only three vehicles will remain without the cameras, which will M) 690-1500 he addressed in the 2001/2002 budget request. ax 13211 63 5-7800 Computer equipment will always be a necessity. Currently we have five sergeants who perform various administrative functions, however, only two gnp computers, are available for their use. ,n Internationally Accredited aw Enforcement Agency Please have this request placed on the agenda for the next council meeting. Specifications/quotations and/or proposals for each request attached Sincerely, Philip B. Williams Brevard County Sheriff //,. •u�.^'--'- Commander George McGee Canaveral Precinct Commander GM.•sm c: Finance Director, Deborah Barker Mayor Randels City Council Members Meeting Type: Regular Meeting Date: 05-01-01 AGENDA REPORT AGENDA Heading Resolutions Item g No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-10, PARTICIPATION AS A FEMA PROJECT IMPACT COMMUNITY DEPT./DIVISION: LEGISLATIVE Requested Action: City Council approve Resolution No. 01-11, participating as a FEMA project community. Summary Explanation & Background: Mrs. Mary Bolin, Brevard County Project Impact Coordinator, will give a brief overview of "Project Impact" in support of this resolution. I recommend approval. Exhibits Attached: Resolution No. 01-11 City Ma"ger�s Office Department LEGISLATIVE L �a ca y docu ent council\meeting\2001\05-01-01\01-l0.doc Presentation for Municipalities Brevard County won the coveted designation of becoming a Project Impact Community. We are one of seven in the State of Florida Our goal is to change the way Brevard deals with natural disaster; People need to be personally involved in the neighborhood, city, and their own home! We are all at Risk Being prepared is a cost effective solution Fires in 98, we lose 35 structures just in Mims area alone- we still have Palm Bay $etc. Floyd / Irene over $ 22 million in damages You can recall the damage right here in (city). Project impact develops partnerships between businesses, churches, schools, private homes, cities (towns) and unincorporated areas. Why you need to become a partner? As a Project Impact partner 1. Mitigation grants gain higher priority for funding ( (Already a grant was secured thru Project Impact for Brevard Public Housing mitigation for $225,000.) 2. Technical assistance is made available / tools to update disaster plans 3. Cost effective- for every $ dollar spent in prevention, at least two are saved in repairs 4. Common sense- bounce back faster--, fewer property losses, business closing, and missed days, missed income Your leadership role is key to the success of Project Impact. I am asking for a resolution of support We can't prevent the weather, but we can prevent the damage! Thank you. RESOLUTION NO. 01-10 A RESOLUTION OF THE CITY COUNCIL OF THE CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PARTICIPATION AS A FEMA PROJECT IMPACT COMMUNITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Cape Canaveral has been invited and accepts the invitation from the Brevard County Office of Emergency Management and State of Florida to participate as a FEMA Project Impact Community, and WHEREAS, the City of Cape Canaveral recognizes an increasing population growth and diversity, escalating disasters costs, increasing vulnerable conditions currently exist among municipal and county public and private facilities and infrastructure and support systems. WHEREAS, the City of Cape Canaveral recognizes the need to develop business and industry relations to minimize loss of business activity and increase partnerships through Project Impact, and WHEREAS, the City of Cape Canaveral and its 8,900 residents recognize the importance of reducing or eliminating those vulnerabilities for the overall good and welfare of the community, and WHEREAS, the City of Cape Canaveral has previously identified, justified and prioritized a number of proposed projects and programs needed to mitigate the vulnerabilities of the city to the impacts of future disasters, and WHEREAS, the City of Cape Canaveral promotes and encourages the application of all mitigative efforts designed to protect the citizens from natural, man made or technological disasters, and City of Cape Canaveral, Florida Resolution No. 01-10 Page 2 WHEREAS, the City of Cape Canaveral also desires to affirm our intent to become a " disaster -resistant, sustainable community" and to establish an active and supportive role in the future of Project Impact. NOW THEREFORE, BE IT RESOLVED that the City of Cape Canaveral, Brevard County, Florida: SECTION 1. Upon recognition of the many benefits to the citizens_ resulting from this partnership with Project Impact, the State of Florida and the Federal Emergency Management Agency, the City of Cape Canaveral encourages involvement to further the businesses, industries and community groups operating within and/or for the benefit of Brevard County to also participate in Project Impact throughout the term of the program. BE IT FURTHER RESOLVED, that receiving such a designation provides Brevard County communities greater opportunities of receiving Federal and State financial and technical assistance in building better disaster resistance communities. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida the day of , 2001. ATTEST: Rocky Randels, MAYOR Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY 11Cape-ntlcityclerk\CityClk\Resolutions\Supporting Project Impact.doc FOR AGAINST Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Resolutions Item 9 No. Resolution No. 2001-11; Quarterly Report AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2001-11, AMENDING THE ANNUAL BUDGET DEPT./DIVISION: FINANCE Requested Action: City Council consider amending the annual budget as outlined in the quarterly City Treasurer's report. Summary Explanation & Background: See attached report. I recommend approval. Exhibits Attached: Resolution No. 2001-11; Quarterly Report City Ma is Of ee,� Department FINANCE _ ,�m\my d um in\councihmeeting\2001\05-01-01\2001-11 RESOLUTION NO. 2001-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds Budget Adjustments, which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2000, and ending September 30, 2001, are hereby approved and amended. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of May , 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\BUDGET\Budget Amendment April 2001.doc MEMORANDUM DATE: APRIL 25, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS CITY TREASURER SUBECT: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE SECOND QUARTER OF FISCAL YEAR ENDING 9/30/2001. RESOLUTION NO 2001-11 As we completed the first half of this fiscal year, we have completed may city-wide projects and programs. Such as the Patriots Day Parade, the beach sand fence volunteer projects and beautification projects. New building construction continues at a brisk pace and the Building Department is now fully staffed and is serving the needs of our community. REVENUES Revenues are well within budgeted projections. The General Fund, when adjusted for internal funding, is 56% collected. The Sewer Fund is approximately 44% collected. The Sheriff's Department has refunded $35,140 from unused operating funds from fiscal year 1999/2000. All spending increases within the General Fund could be funded from this increase leaving an increase in Contingency of $18,140. Whenever possible, requests from the represented departments explaining their needs are included with this transfer. Following is an evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. EXPENDITURES GENERAL FUND Public Safety: An increase of $6,000 is requested to fund the increase in General Insurance expense for the Police Department. The budget did not adequately fund the flood and general liability for the Police portion of the Annex. Fire Safety: Because of the increase in multi -story units being constructed a new line item is requested for the posting of building plans to outside engineers. This account will be budgeted $1,000. Also, a change in direction concerning the maintenance of fire equipment prompted a transfer of funds from the Equipment Maintenance account to the Capital account. A letter from Chief Sargeant is attached. Non -Departmental: A new line item has been set up in the Non -Departmental Expenditures to accommodate the City Hall office exchange. There is also an increase in Contingency, representing the refund of prior year Police funding. POLICE EDUCATION FUND An increase in Cash Forward and Education and Training of $2,000 is required to bring the budget into compliance with the Police Contract. $10,000 is to be paid on training if available. Annual income is not expected to reach that amount but $4,000 was returned unused from the prior fiscal year, allowing the City to expend the full amount. SEWER FUND Earlier this quarter it was realized that the Auditors required the St John's River Water Management District's grant for $20,900 to be booked in the prior fiscal year. A decrease in the grant revenue receivable in the current year is decreased and Cash Forward is increased to offset the expenditures. The balance of increase in Cash Forward, $7,490, will cover the Engineering Fees and Phase III expenditures. Requests for increases in expenditures total $7,490. Memos from the department are attached. This completes the requested Budget Amendments for the second quarter of the fiscal year 2000/01. Please contact the Finance Department with any questions and/or concerns. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 3/31/01 12/31/00 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMENDMENTS BALANCE .� GENERAL FUND REVENUE 001-369.3000 REFUND OF PRIOR YEAR EXPENSES 4,000.00 35,140.00 39,140.00 AMENDED GENERAL FUND REVENUE 35,140.00 PUBLIC SAFETY 001-4-521.4500 GENERAL INSURANCE 2,040.00 6,000.00 8,040.00 AMENDED PUBLIC SAFETY EXPENDITURES 6,000.00 FIRE SAFETY 001-5-522.4200 POSTAGE - 1,000.00 1,000.00 001-5-522.4620 EQUIPMENT REPAIRS & MAINTENANCE 14,500.00 (2,500.00) 12,000.00 001-5-522.6410 FIRE FIGHTING EQUIPMENT 56,000.00 2,500.00 58,500.00 AMENDED FIRE SAFETY EXPENDITURES 1,000.00 NON -DEPARTMENTAL 001-17-901.6200 CAPITAL IMPROVEMENT -BUILDING - 10,000.00 10,000.00 001-17-901.9900 CONTINGENCY 7,542.00 18,140.00 25,682.00 AMENDED NON -DEPARTMENTAL EXPENDITURES 28,140.00 AMENDED GENERAL FUND REVENUE 35,140.00 AMENDED GENERAL FUND EXPENDITURES 35,140.00 REVENUES 101-300.1000 CASH FORWARD - 2,000.00 2,000.00 AMENDED POLICE EDUCATION FUND REVENUES 2,000.00 EXPENDITURES 101-27-521.8100 EDUCATION AND TRAINING 8,000.00 2,000.00 10,000.00 AMENDED POLICE EDUCATION FUND EXPENDITURES 2,000.00 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 3/31/01 12/31/00 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMENDMENTS BALANCE E R l 3 { ? t, £ _}€. REVENUE 401-300.1000 CASH FORWARD 401-337.3005 STRWMD STORMWATER GRANT AMENDED SEWER FUND REVENUE 401-10-535.3130 401-10-535.6400 401-19-901.6313 401-19-901.9900 EXPENDITURES ENGINEERING FEES CAPITAL EQUIPMENT REUSE -PHASE III CONTINGENCY 7,490.00 AMENDED SEWER FUND EXPENDITURES 7,490.00 1,340,223.00 28,390.00 1,368,613.00 20,900.00 (20,900.00) - 31,235.00 4,990.00 36,225.00 71,123.00 2,305.00 73,428.00 15,000.00 2,500.00 17,500.00 8,011.00 (2,305.00) 5,706.00 CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the cm, of Cape Canaveral & Canaveral Port Authoritl, MEMORANDUM To: Bennett Boucher, City Manager, City of Cape Canaveral Dwight Fender, Director of OD?,ra"Qns. Canaveral Port Authority From: David J. Sargeant, Fire Chief Date: 08 February 2001 Subj: Purchase of Air Pak Testing Equipment As you are aware, the NFPA and the State require us to test our air paks annually. We have accomplished this task in the past by testing them ourselves. With the purchase of our new paks, last year, we had decided to send these paks out for testing at a cost of $125.00 each. This decision was made because NFPA had not yet approved a testing device. Since this time, NFPA has approved the tester and software for testing. The annual cost for testing the Fire Department's paks will be $3,250.00 plus shipping and we will have considerable down time. Additionally, these paks must be tested anytime a person files a complaint after significant use and after a significant exposure. Furthermore, the Training Center also must test their paks on a bi-annual schedule. The Training Center has over 50 paks. I figured into the 3 different budgets submitted to you for maintenance and repair $2,500.00 each to accomplish the testing. I am requesting that these monies be allowed to be spent to Purchase the software and hardware to accomplish this in house. This program will have an annual reoccurring cost of approximately $350.00 for recalibration of the tester. With the purchase of this equipment we will recapture our investment in approximately 1.5 years. If you need and further information feel free to contact me. Thank you for your attention to this matter and your continued support. Station #1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4777 • FAX: (407) 783-5398 Station #2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 TO: BENNETT BOUCHER, CITY MANAGE FROM: ANDREA BOWERS, CITY TREAS. DATE: 31 JANUARY 2001 REQUEST TO ESTABLISH A LINE ITEM WITHIN THE FIRE SAFETY DEPARTMENT BUDGET TO FUND POSTAGE FOR FIRE PLAN REVIEWS. 1-5-522.4200 $1,000 Memo To: Andrea Bowers, City Treasurer From: Ed Gardulski, Director of Public Works c'=-' Date: March 9, 2001 Re: Budget Transfer to 401, Sewer Material Req. # 8686, FY00/01 Request a budget transfer for $4,990.94 to 401-10-535.3130 account. This transfer is required for Brown & Caldwell, Engineering Consultants, to monitor and assess contamination of ground water at Port Canaveral. Project requested by city council. EG/ch Cc: Bennett Boucher, City Manager • Page 1 �TERIAL REOUISITIUN b b b b 1COT A PURCHASE ORDER) 01999 nMrOAMS iL115 TO: I _/`;�, i1n .1- /,,.(�,.1/I 1_I T1,1v•i01`11'�L7�'N l_ l /I G��V1� ��G� DELIVER TO: rCCv I-1 �l �- J lan L 75/ CHARGE TO JOB NO. „` / /�— S3 -s— '5130 Dear Mr. Gardulski: Enclosed please find Brown and Caldwell's proposal to provide review services related to contamination resulting from the release of the solvent trichloroethene (f CE) and its subsequent degradation daughter products currently under assessment in the Port. The proposal is presented in four sections: project approach, scope of services, project schedule, and breakdown of the fees associated with the project. Sincerely, BROWN AND CALDWELL Blanche V.G. Jaco .G. Environmental Services Manager Enclosures (1) c: June Clark, Cape Canaveral WRF Curtis Kunihiro, BC 1:\91079-200 Orlando Office\205 Cape CanaverahReview and Tracking Services Proposal.doc Memo To: Bennett Boucher, City Manager Andrea Bowers, City Treasurer From: Ed Gardulski, Director of Public Wbrke______ Date: January 22, 2001 Re: Non Budgeted Item, Request to Purchase The attached material requisition # 8602 to Fisher Scientific for $ 2,304.15 is an unplanned expenditure and non -budgeted item. The present flask heater is not accurate and the temperature varies. The unit is approximately 10 years old and corroded such that, wires are exposed. A budget transfer to account 401-10-535.6400 will be complete in the second quarter. I recommend funds be taken from Lab Supplies. If you require more information, please call. EG/ch 0 Page 1 Memo To: From: Date: Re: Bennett Boucher, City Manager Andrea Bowers, City Treasurer Ed Gardulski, Director of Public Worksi(i March 28, 2001 Material Requisition #8689, 401 — Reuse Phase III A budget transfer for $ 2,500f is required for Reuse Phase III account 401-19- 901.6313. Petro Plumbing is coming to'close on the Phase III backflow device installations. Our department is now holding two invoices totaling $ 1,985.66 and another invoice will follow for approximately $ 350.00. The above mentioned requisition will cover these expenditures. Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Resolutions Item 10 No. City Mane Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2001-12, TO OFFICIALLY NAME BAYSIDE DRIVE DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: City Council approve Resolution No. 2001-12, to officially name Bayside Drive. Summary Explanation & Background: See attached resolution. Exhibits Attached: Resolution No. 2001-12 City Mane Office Department BUILDING DEPT/PUBLIC SAFETY cape- doc ent ouncil\meeting\2001\05-01-0]\2001-12.doc RESOLUTION NO. 2001-12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME BAYSIDE DRIVE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED ACCESS/DRIVEWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to name the following private access/driveway: An access/driveway located in Section 1 5, Township 24 South, Range 37 East, as indicated on the attached map, marked "Exhibit A," and: WHEREAS, the above described access/driveway should be named to improve location identification for 9-1-1 purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that: SECTION 1. The name Bayside Drive be adopted for the above described access/driveway. SECTION 2. By naming this access/driveway, the City of Cape Canaveral in no way accepts maintenance responsibilities for said access/driveway. SECTION 3. It shall be the property owner's responsibility to place the appropriate Street sign(s) and keep said access clear and accessible for emergency vehicles. SECTION 4. This naming shall become effective upon adoption of this resolution. 11Cape-ntlcityclerk\CityClk\Resolutions\Naming Bayside Drive.doc SECTION 5. The Resolution be recorded in the Official Records Book in the office of the Clerk of the Circuit and County Courts, and a copy of same be forwarded to the Post Office serving that area, Supervisor of Elections, and all concerned public safety agencies for their information, and that the proper notations be made on all maps of record. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY 11Cape-ntlcityclerk\CityClk\Resolutions\Naming Bayside Drive.doc 11Cape-nt\cityclerk\CityClk\Resolutions\Naming Bayside Drive.doc § 98-118 CAPE CANAVERAL CODE (b) If retainer walls or bulkheads are con- structed, the applicant shall provide written ver- ification of compliance with, or waiver from, any and all requirements of the state department of environmental protection or its successor depart- ments/agencies and, where applicable, the U.S. Army Corps of Engineers. Written verification shall consist of either the appropriate construc- tion permit or correspondence waiving all permit- ting requirements. (Code 1981, § 503.22; Ord. No. 22-93, § 1(503.24), 7-6-93) Sec. 98-119. Street names. (a) Street name signs shall be installed at the intersection of all streets, carrying the street names approved on the subdivision plat. (b) Naming of streets shall be in the following manner. Short (less than 1,000 feet Direction Long in length) East and west Avenues Places North and south Streets Courts Diagonal Roads Ways Curving Drives Lanes or Circles (c) In no case shall a name for a proposed road duplicate an existing road name, regardless of whether the road is further described as an av- enue, boulevard, driveway, place, way, lane, circle or court. The applicant must secure the approval of the county address assignment/E-911 system for the names of all proposed roads and streets. (d) Location and design of street name signs shall be subject to the approval of the city council. (Code 1981, § 503.23; Ord. No. 22-93, § 1(503.25), 7-6-93) CD98:24 Meeting Type: Regular Meeting Date: 05-01-01 AGENDA Heading Resolutions Item 11 No. I support approval of this resolution. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2001-13, AMENDED AGREEMENT WITH DOWNS DEVELOPMENT CORP., INC. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of this resolution that will amend the existing Maxi -Homes of America Escrow Agreements now assigned to Downs Development Corporation, Inc. for current roadway improvement projects. Summary Explanation & Background: See the attached correspondence. The Planning & Zoning Board reviewed and recommended this amendment. I support approval of this resolution. Exhibits Attached: Resolution No. 2001-13 City Manager's Office Department LEGISLATIVE ra1Te'.gL\k4tSGny docun(cDU-�c�meeting\2001\05-01-01\2001-13.doc RESOLUTION NO. 01-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AMENDED AGREEMENT WITH DOWNS DEVELOPMENT CORPORATION, INC. AS SUCCESSOR TO MAXI -HOMES OF AMERICA FOR THE REALLOCATION OF FUNDS TO FINANCE INTERSECTION CONFIGURATION AT W. CENTRAL BOULEVARD AND NORTH ATLANTIC AVENUE AND THE COMPLETION OF A TURNING LANE ON N. ATLANTIC AVENUE; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Mayor and the City Clerk are hereby authorized to execute an agreement with Downs Development Corporation, Inc. as successors to Maxi -Homes of America for the reallocation of escrow funds to finance intersection configuration at W. Central Boulevard and North Atlantic Avenue and completion of a turning lane at N. Atlantic Avenue. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of , 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos APPROVED AS TO FORM: Rocky Randels Richard Treverton Larry Weber Mark McQuagge, ASSISTANT CITY ATTORNEY FIRST AMENDMENT TO ESCROW AGREEMENTS THIS AGREEMENT made this day of , 2001 by and between DOWNS DEVELOPMENT CORPORATION, INC. as successor in interest to Maxi - Homes of America, a joint venture, hereinafter referred to as "DOWNS" and the CITY OF CAPE CANAVERAL, a municipal corporation, hereinafter referred to as "CITY" WITNESSETH WHEREAS, Maxi -Homes of America, predecessor in interest to DOWNS, and the CITY entered into that certain Escrow Agreement dated February 19, 1985 in conjunction with the approval of that certain site plan for the Villages of Seaport, which Escrow Agreement provided in part that Maxi -Homes, as the developer, would escrow with the CITY, certain sums to be used for the construction of traffic signalization on North Atlantic Avenue, as well as funds to pave the Ridgewood extension running through the Villages of Seaport ("Escrow Agreement #V); and WHEREAS, Maxi -Homes of America and the CITY also entered into that certain Escrow Agreement dated July 30, 1987, executed in conjunction with the same site plan which provided for the payment of sums by Maxi -Homes to the CITY for the escrow of funds to pave a sidewalk along entire length of the proposed Ridgewood extension as aforementioned, ("Escrow Agreement #2"); and WHEREAS, DOWNS has become the successor in interest as the developer of the Villages of Seaport, and as such, desires to amend certain sections of Escrow Agreement #1 and Escrow Agreement #2, hereinafter collectively referred to as the "ESCROW AGREEMENTS", and WHEREAS, the CITY agrees to amend the ESCROW AGREEMENTS as the amendments are in conformance with it's comprehensive plan inasmuch as the CITY has abandoned it's plans to extend Ridgewood Avenue through the Villages of Seaport project. NOW THEREFORE, the parties hereto agree as follows: 1. The foregoing recitals are true and correct, and are incorporated herein by reference. 2. The parties agreed that the following sums have been collected to date with referenced to the ESCROW AGREEMENTS: 1. $35,900.00 for the paving of the Ridgewood Avenue extension. 2. $15,619.40 for North Atlantic Avenue signalization. 3. $6,000.00 for paving of sidewalks. 3. The parties hereby agree to reallocate the escrowed sums as provided in Section 2 above, as follows: 1. The sum of $15,619.40 shall be reallocated for the purchase and construction of the traffic signal and intersection configuration improvements at the intersection of W.Central Avenue and North Atlantic Avenue. This project shall be accomplished by the CITY, and therefore, these funds shall be released to the CITY for their use. 2. The balance of the fund collected in escrow shall be utilized for a center turning lane to be constructed on North Atlantic Avenue in front of the Villages of Seaport. This project shall be accomplished by DOWNS and therefore, the funds shall be held in escrow by the CITY until the project is completed. 4. The parties hereto agree that all provisions of the ESCROW AGREEMENTS requiring that additional funds be placed into escrow be terminated. 5. The Agreement shall be binding on successors and assigns of both parties. 6. All other provisions of the ESCROW AGREEMENTS not modified hereby shall remain in full force and effect. IN WITNESS WHEREOF, the parties now execute this Agreement on the date above first written. ATTEST: DOWNS DEVELOPMENT CORPORATION, INC. AS SUCCESSOR TO MAXI -HOMES ATTEST: City Clerk OF AMERICA, a joint venture CITY OF CAPE CANAVERAL, a municipal corporation Mayor Memo To: Planning and Zoning Board From: Bennett Boucher, City Manager CC: Mayor and City Council Mem Morris Reid, Building Official Date: March 20, 2001 Re: Villages of Seaport Escrow agreements. The City of Cape Canaveral has received a request from the Villages of Seaport to modify the existing escrow agreements as indicated in their attached correspondence. The escrow agreement enacted in 1985 provides that the developer shall pay an amount not exceeding $55,000 for traffic light improvements on N. Atlantic Ave. The method of payment is $100 per unit at the time of issuance of a certificate of occupancy. To date $15,619.40 is still available; funds were utilized to install the traffic light that is currently at the intersection of N. Atlantic Ave. and W. Central Blvd. The City of Cape Canaveral is working with Brevard County to construct left turn lanes for the north and southbound sections of N. Atlantic Ave. at this intersection. Our city engineers estimate the construction cost at $109,250. The 1985 escrow agreement also provided that a payment of $100 per unit at the time of issuance of a certificate of occupancy be collected and used for the Ridgewood Ave roadway extension. The amount collected to date is $35,900. The 1987 escrow agreement provided that $12,000 be paid by the developer for sidewalks along the Ridgewood Ave. extension. To date only the $6,000 initial payment has been collected. The Ridgewood Ave. roadway extension is no longer within the City of Cape Canaveral's comprehensive plan, see attached future traffic map. 0 Page 1 ) _ J The City Attorney has reviewed this request, and advised that the Planning and Zoning Board needed to review and comment on this request before it goes before the City Council for consideration. This is an ongoing project and there will be a future request by the developer to modify the existing site plan for the construction of the two five story buildings. I would recommend that any modification of these escrow agreements keep in place the intent of improving the traffic and pedestrian flow in and around this development. Representatives from the developer and the homeowners association will be in attendance to address any questions that you all may have about their request to modify these escrow agreements. 0 Page 2 /6 SE ---FOR MAS -41U ASSOCIATiON, LNC, 120 Nurtb S"rt jalvd. UPS Caoaveml l:lorids 32420 321-734-6400 rabrum-y A. -XV MY Mmo= 'tit twhet, Town ,v?arzttper C4 of!—'= Cg=vrrat 1,05 Polk —Awa ue 1-1 This corr=pondence is in rei�reiwe to du atu}cbed cjrce:r.=,., dared rcbraary 18, 1985 and the Prn„O-Wd Rldg-mcad A'enut tKunsioa that is no {ortger under considetation. In the test tacerest of the City of Capt: Canaveral aibd current and fatur¢ t WIC now, we are proposing to al!"aLe eke curretatiy 59CrOwi d funds as follows. 1) ncc traffic light alioeana:a of S 15.619.4 be reieaeed to the City's use for the Dim large on Centmi Blvd. ?,' : he XRA-dgcvvood extiMsion allocation of 335 900 00 grad the sidewalk rtllocation of $6.000.00 be realiocWed to the turn huwe expense at the entrance to the Viilages of Seaport Wad the eroerP.y access gala newdmi for the community. T:, c-cmSidcraLlon of the abova. %ve ask abatement of the current eacrow *Srccmant, a copy O Whish sg Vtacited AM dte requirement of escrow deports on all future certificates of occupancy. We request release of Rinds hayed on subminted invoices and/or iuti&W product which ever Nara tLT�-i ape i3Lte yoq time and cdM3tdaration in these netters. Yaur:J�truly, / /L/V�A Mel il3awy—M, Cott Matter Association, Inc. mOza Dowers, Downs Unrelopuoent Corporation, inc CC' Artorney Kur, Mosley A:tutneY, Chris Draper Cety C0usncil, Cit} of Cape Canaventl St&Part NfasWr Assmi.man. inc., Bo rd of Djf.C*.O:§ 17 %a'. vr- LMtu AUG 87 RESOLUTION NO. 85-13 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH MAXI -HOMES OF AMERICA FOR THE PAYMENT OF FUNDS TO FINANCE TRAFFIC SIGNALIZATION { AND THE EXTENSION OF RIDGEWOOD AVENUE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Mayor and the City Clerk are hereby authorized to execute an agreement with Maxi -Homes of America for the payment of funds to finance traffic signalization and the extension of Ridgewood Avenue. SECTION 2. This Resolution shall take effect immediately upon its adoption. I ADOPTED by the City Council of the City of Cape Canaveral, Florida this 19th day of February , 1985. ATTEST: qty Clerk Approved as to Form: -2 Attorney ayor IYIIlL1AVr IL.ML.LJ nv%.A -I ESCROW AGREEMENT AGREEMENT made this 19thday of February , 1985 by and between MAXI -HOMES OF AMERICA, a joint venture, hereinafter referred to as "MAXI -HOMES" and the CITY OF CAPE CANAVERAL, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, Maxi -Homes is presently developing a condominium project in the City of Cape Canaveral knows as The Villages of Seaport; and WHEREAS, as a condition of site plan approval, Maxi -Homes has agreed to pay to the City certain sums of money to finance traffic signalization to be accomplished by the City in con- junction with the project and to provide funds for the future paving of Ridgewood Avenue; and WHEREAS, the parties wish to enter into this Escrow Agreement to accomplish said purpose, it is THEREFORE, in consideration of the mutual covenants and promises contained herein agreed between the g parties as follows: 1. Maxi -Homes agrees that it will participate in the cost of providing traffic signalization on North Atlantic Avenue. Such signalization to be at such location and of such type as the City of Cape Canaveral shall determine to be in the best I interest of traffic flow in the area. Maxi -Homes agrees that it will pay the total cost of said traffic signalization at such time as the the type of signalization required shall be determined, provided, however, that Maxi -Homes' obligation in this regard shall at no time exceed $55,000.00. 2. Maxi -Homes additionally agrees that it will contribute to the City the cost of construction of an extension to Ridgewood Avenue for the full extent of the property being developed b p y Maxi -Homes in accordance with the site plan previously approved by the City. Said road shall be constructed in all respects with plans and specifications of the City. ATTACHMENT TO RESOLUTION NO. 85-13 PAGE 1 OF 2 11 MICROFILMED AUG 87 It is agreed that Maxi -Homes, Inc., shall submit to the City a detailed construction estimate of the current cost of constructing this portion of the proposed road. The City shall have the right to have said cost estimate reviewed and approved by its consulting engineers. In the event Maxi -Homes' and the City's engineers can not agree as to the reasonable cost of constructing the road, the parties agree that the two engineers will select a third engineer mutually agreeable to the parties whose determination as to the cost shall be final and binding on both parties. 3. Maxi -Homes agrees that it will at the time of obtaining a certificate of occupancy for each unit constructed in the Villages of Seaport project pay to the City the sum of $100.00 to be applied to the signalization cost, and an additional $100.00 to be applied to the cost of constructing the road. These payments shall continue for each unit until the actual cost of signalization, if then determined, or $55,000.00, whichever is less, is accumulated by the City for that purpose. Similarly, the $100.00 is to be contributed for the road con- struction expenses shall be paid on each and every unit until a sum equal to the amount computed in accordance with the terms of Paragraph 2 is accumulated. 4. In the event that the actual cost of signalization is determined to be less than the amount paid pursuant to the terms of Paragraph 3, hereof, the City agrees that it will refund any excess to Maxi -Homes. 5. The Agreement shall be binding on successors and assigns of both parties. ATTEST: MAXI -HOMES OF AMERICA, a joint v �-, B o J ATTEST: -� • Lim ��/ 'ty Clerk CITY OF CAPE CANAVERAL a municipal corporation BY: 4ayor ATTAcn-m u To REsmurION No. 85-13 PAGE 2OF2 % G Z � ESCROW AGREEMENT AGREEMENT made this,? o day of 1987 by and between MAXI-FiOMES OF AMERICA, a joint venture, hereinafter referred to as "MAXI -HOMES" and the CITY OF CAPE CANAVERAL, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, Maxi-flomes is presently developing a condominium project in the City of Cape Canaveral known as The Villaaes of Seaport; and WHEREAS, as a condition of site plan approval for Village 7 of said project has agreed to escrow with the Citv the cost of Providing a 4 ft. sidewalk the entire length of proposed Ridgewood Avenue along both sides of said roadway. WHEREAS, the parties wish to enter into this Escrow Acreement to accomplish said purpose, it is '"HEREFORE, in consideration of the mutual covenants and promises contained herein agreed between the parties as follows: 1. Maxi-Flomes agrees that it will at its expense in conjunction with the construction of the extension to Ridgewood Avenue for the full extent of the property being developed by Maxi -homes in accordance with the site plans previously approved by the City construct a 4 ft. sidewalk the entire length of the property along both sides of said roadway in accordance with the site plan for Village 47 approved by the City. 2. As security for the performance of said obligation, Maxi -domes has deposited with the City the sum of $12,000.00 representing the estimated cost of construction of said sidewalk which sum shall be held in escrow by the City for the purposes described in this agreement. 3. The parties agree that in the event Maxi-flomes shall construct the sidewalk in accordance with the site plan at the time of construction of Ridgewood extension the City shall return the $12,000.00 escrow to Maxi -Homes, and this agreement shall terminate. 4.In the event that Maxi-FIomes for any reason shall fail �I or refuse to install said sidewalk at its expense in conjunction with the construction of said roadway, the CiLy may apply the escrow funds for the purpose of constructing the sidewalk. 5. This agreement shall be binding on successors and assigns of both parties. ATTEST: �v�f-�lix_(� ATTEST: City Clerk MAXI fIOMES OF AMERICA, a joint venture B Y : �, CITN OF CAPE CANAVERAL, a municipal corporation' Mayor The City acknowledges the receipt of $6,000 from Maxi -Homes Of America on this date. Balance of Maxi -Homes prior to commencement of consOtOrOuctioneofaBuiid ldings A,B,C,D,E of Village #7, Villages of Seaport. D2:" 'qJ Leo C. Nicholas City Manager •2 � SCALE: 0 500 1000 qfY o1 CAN—AAL �J CITY OF CAPE CANAVERAL FUTURE TRAFFIC Figure 4-2 Lr;( END - PRINCIPAL ARTERIAL - 4 LANE COLLECTOR- STREET - 4 LANE COLLECTOR STREET - 2 LANE �gg r'^�• 4 $ d Ivey, Harris & Walls, Inc. PLmomm. owima . u0nac+PE AROMOTa YI i GMM. rwM•SM. SOp•NMIu Ia14 M1 11]M •M. b) • tl� • Yp Ir q) • )al • )u) JOB No. 9aa.01 DATE 12-05-98 DEC -13-00 04:01 PM CAPE CANAVERAL PW 407 799 4980 �I ..................... -...�s vw. �. CENTRAL BLVD. P. 01 A-71a111�1. "ll BIER Wpr.&. 0s, POTENTIAL IMPROVEMENT ; EXHIBIT An px>rc°uNT NORTH ATLANTIC BLVD. 6 CENTRAL BLVD. 1Z- I lmns — st+Yo�s ; 25 g'I III LEGEND ' • • EXISTING CONDITION i �- IMPROVED CONDITION .I 3 SECTION SIGNALHEAO 3 SECTION SIDNALHEAD BIER Wpr.&. 0s, POTENTIAL IMPROVEMENT ; EXHIBIT An px>rc°uNT NORTH ATLANTIC BLVD. 6 CENTRAL BLVD. 1Z- I lmns — st+Yo�s ; 25 March 6; 2001 Conceptual Construction Costs For North Atlantic Avenue / Central Boulevard Turn Lanes SSA Although design drawings have not yet been prepared by SSA (on hold by City), a conceptual estimate of intersection paving includes: • 2 turn lanes of approximately 180 feet. • Taper and realignment of approximately 300 to 400 feet, north and south of Central. • Initial designs consider full depth base and asphalt construction (note: drawings to go through County approval process). • No raised medians or signalization included. • No water line relocation included or drainage systems. Conceptual Cost Estimate = $95,000.00 15% Contingency = 14,250.00 Total Conceptual Cost = $109,250.00 S-, OTTLER STAGG g aSSOCU�TES ARCHITECTS • ENGINEERS • PLANNERS. LNC. 8630 North Atlantic Avenue P. O. Bos 1630 Cape Canaveral, Florida 3'_'920 Tel 321-783-1320 Fax 321-733-7065 c:\civil\projects\cape\concept cost tuF l& sQPA th 6.dogBo000762 #LB0006700