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Home My WebLink AboutAgenda Packet 05-05-1998City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 5,1998 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: PRESENTATIONS: Anne McElroy, Special Employee Florida Water Pollution Control Association Adopt a School Program — City of Cape Canaveral Sponsoring Cape View Elementary ROLL CALL: CONSIDERATIONS: 1. Motion to Approve: Outdoor Entertainment Permit for the July 1, 1998 Wednesday- Friendsday at the Cape Canaveral Library 2. Motion to Approve: Reclaimed Water Project Phases II & III, Bid Award in the amount of $498,005 to Dial Communications, Inc. 3. Motion to Approve: Oak Lane Project, Paving Contractor and Appropriation of Funds RESOLUTION: 4. Motion to Approve: Resolution No. 98-11, Appointing a Regular Member to the Planning & Zoning Board A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. g:\cityclk\agenda\regular\1998\05-98.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 City Council Regular Meeting Agenda May 5, 1998 Page 2 PUBLIC HEARINGS ORDINANCE - FIRST READING S. Motion to Approve for second reading: Ordinance No. 17-98, Dumpsters AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34-97, DUTIES AND RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE — SECOND READING 6. Motion to Adopt: Ordinance No. 16-98, Swimming Pools AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 8, SWIMMING POOLS, SECTION 110-581 CONSTRUCTION AND LOCATION, SECTION 110-582 ENCLOSURE, AND SECTION 110-584 MINIMUM SETBACKS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 7. Commerce Street REPORTS: 8. Manager's Report 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. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, 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. G:\CityClk\AGENDA\REGULAR\1998\05-05-98.doc Meeting Type: Reading Meeting Date: 05-05-98 AGENDA Heading Considerations Item No. 1 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR THE COCOA BEACH AREA CHAMBER OF COMMERCE WEDNESDAY-FRIENDSDAY EVENT ON JULY 1, 1998 DEPT./DIVISION: COMMERCIAL DEVELOPMENT Requested Action: That the City Council consider approval of this outdoor entertainment permit. Summary Explanation & Background: The event is scheduled for July 1, 1998 from 5:30 P.M. to 7:30 P.M. Request the following exemptions to this permit: => Filing Fee, => Cash Clean -Up Bond, =:> Waiver of Code Section 6-52, Open container of alcoholic beverages within the event area only. See application for event details and map. Exhibits Attached: permit application City Manager's Office Bennett C. Boucher Department COMMERCIAL DEVELOPMENT g:/admin/council/meeting/1998/05-05-1998/wedfrnd.doc CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. 98-01 Date: 5/5/98 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: Cocoa Beach Area Chamber of Commerce/City of Cape Canaveral Title: Firm: Cocoa Beach Area Chamber of Commerce Address: 400 Fortenberry Road Merritt Island, Florida 32952 Telephone: 459-2200 FAX: 459-2232 Local Contact: Mary Bartorillo Title: Assistant to the President Wednesday/Friendsday Coordinator Local Address (if different from above) Type of Event: Wednesday-Friendsday (5:30 p.m. - 7:30 p.m.) EventDate(s) in Cape Canaveral: Wednesday, July 1, 1998 Location(s): Date(s) Time Cape Canaveral Library - Set up time is 3:00 p.m. Attach map(s) indicating event area and designated parking areas. ®Traffic Control X Use of Police/Fire Rescue Equipment ®Street Closing XVehicles/Equipment on Beach 0Other XVehicle Parlang on City Property Specify: Traffic Control - Help with parking Use of police/fire rescue equipment (barricades, safety and fire extinguishers) Vehicle parking on city property By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: See attached policies Expiration Date: II. PROMOTIONAL AUTHORIZATION Policy No: Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. (1) Filing Fee, (2) Cash Clean—Up Bond; (3) Waiver of Code Section 6-52, Open Container of Alcoholic Beverages Within the Event Area Only. Applicant or Representative/Title Date Approved by City of Cape Canaveral: City Representative's Name: Bennett C. Boucher Title: City Manager Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (407) 799-3170 § 6-27 CAPE CANAVERAL CODE able notice thereof to the holder of the license and affording the holder an opportunity to be heard as to why the revocation should not be issued. Code 1981, § 734.01(A) ---(C), (E)) Cross reference—Adult entertainment regulations, § 10- 36 et seq. State law reference—Authority to regulate conduct, F.S. § 562.14, 562.45. Secs. 6-28-6-50. Reserved. ARTICLE III. POSSESSION AND - CONSUMPTION DIVISION 1. GENERALLY Sec. 6-51. Streets, alleys, sidewalks and parking areas. It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. § 561.01, including not limited to beer and wine, on or upon any meet, alley, walkway, sidewalk or any city public arking area open to the public in the ordinary course of business within the city. Code 1981, § 604.01) Cross references—Library, ch. 46; parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. [Printed- illegible/unread] 3; waterways,, ch. 106; zoning, ch. 110. Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) a city council may waive the prohibitions ction for any special event, including but A limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) Cross reference—Parks and recreation, ch. 54. Secs. 6-53-6-65. Reserved. DIVISION 2. MOTOR VEHICLES* Sec. 6-66. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage contain- ing more than one percent of alcohol by weight. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name and which bears the manu- facturer's insignia, name or trademark, shall be prima facie evidence that such beverage is an al- coholic beverage. Highway means any public street, avenue, bou- levard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or pri- vate, located within the incorporated area of the city. Open container means any bottle, can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage which has been opened or a seal broken or the contents of which have been partially re- moved. Possession means an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the posses- sion of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle. An open con- tainer shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger. An open con- tainer shall not be considered in the possession of a person if the open container is located in the refrigerator or other storage area of a motor home or recreational vehicle which is in excess of 21 feet in length. *Cross references -streets, sidewalks and other public places, ch. 66; traffic and vehicles, ch. 74. State law reference Possession of open containers in ve- hicles, F.S. § 316.1936. Supp. No. 1 CD6:4 Maps 32920 Cape Canaveral ACORD. CEERTIFICATE OF INSURANCE PRODUCER BREVARD INS/MARKETING INC P.O. BOX 320770 COCOA BEACH, FLORIDA 32931 INSURED COCOA BEACH AREA CHAMBER OF COMMERCE 400 FORTENBERRY ROAD MERRITT ISLAND FL 32952 DATE (MM/DD/YY) 04/20/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY GENERAL AGENTS INSURANCE COMPANY OF AMERICA A COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER KIM MCINTYRE, CITY OF CAPE CANAVERAL PO BOX 326 CAPE CANAVERAL FL 32920 - 01/29198 01/291198 01 /29/99 GENERAL AGGREGATE $ 1,000,000. PRODUCTS - COMP/OP AGG 0- $ -0- PERSONAL & ADV INJURY $ EXCLUDED EACH OCCURRENCE $ 1,000,000. FIRE DAMAGE (Any one fire) $ EXCLUDED MED EXP (Any one person) $ EXCLUDED COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE I $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Deborah A. Shepherd ACORD 25-S (3/93) ACORD CORPORATION 1993 ACORD. CATE OF INSURANCE DATE (MM/DD/YY) 4/29/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MACMILLAN-BUCHANAN & KELLY 317 RIVEREDGE BLVD PO BOX 1000 COCOA FL 32922-1000 COCOA BEACH AREA CHAMBER OF COMMERCE 400 FORTENBERRY ROAD MERRITT ISLAND FL 32952 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ACCEPTANCE INSURANCE COMPANY COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY POLICY NUMBER DATE EFFECTIVE (MWDDNY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OWNER'S & CONT PROT GENERAL AGGREGATE $ Excluded PRODUCTS-COMP/OP AGG $ Excluded PERSONAL & ADV INJURY $ Excluded EACH OCCURRENCE $ Excluded FIRE DAMAGE (Any one fire) $ Excluded MED EXP (Any one person) $ Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Excluded ANY AUTO ALL OWNED AUTOS BODILY INJURY $ Excluded (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ Excluded (Per accident) NON -OWNED AUTOS --- PROPERTY DAMAGE $ Excluded GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ Excluded OTHER THAN AUTO ONLY: EACH ACCIDENT $ Excluded AGGREGATE $ Excluded EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ Excluded AGGREGATE $ Excluded $ Excluded WORKERS COMPENSAT'ON AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ Excluded DISEASE - POLICY LIMIT $ Excluded THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ Excluded A OTHER LIQUOR LIABILITY GLA182904 9/10/97 9/10/98 $1,000,000.00 EACH COMMON CAUSE $1,000,000.00 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: JULY 2 1998 WEDNESDAY FRIENDSDAY CERTIFICATE HOLDER CITY OF CANAVERAL KIM MCINTRE P O BOX 326 CAPE CANAVERAL, FL 32920 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard F. Hull ACORD 25-S (3/93) ACORD CORPO ATION 1993; ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID ES COCOA12 DATE (MM/DD/YY) 04/21/98 PRODUCER MacMillan-Buchanan Ins. Agcy P.O. Box 1000 Cocoa FL 32923-1000 Deborah F. Hewell Phone No. 407-636-6221 Fax No. 407-631-6326 INSURED Cocoa Beach Area Chamber Of Commerce 400 Fortenberry Road Merritt Island FL 32952 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Acceptance Corporation COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. CO LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S & CONTRACTORS'S PRCT GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Ary one fire) $ MED EXP (Any one person) $ -------------------------- AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS -------------------------------- COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ --------------------------------------- GARAGE LIABILITY ANY AUTO --------------------------------------------- AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ ------------------------------------ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM ----------------------------------------------------- EACH OCCURRENCE $ AGGREGATE $ $ ---------------------------------------------- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY El EACH ACCIDENT S EMPLOYERS' LIABILRY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL --------------------------------------------- WC STATUITORY LIMITS OTHER EL EACH ACCIDENT $ EL DISEASE-POLICY LIMIT $ EL DISEASE-EA EMPLOYEE $ ----------------------------------------------- A OTHER Liquor Liability Special Events GLA182904 09/10/97 09110/98 Agg 1,000,000 Occ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPEICAL ITEMS July 1, 1998 Wednesday Friendsday CERTIFICATE HOLDER CITY OF City of Cape Canaveral Kim McIntyre P O Box 326 Cape Canaveral FL 32920 ACORD 25-S (1/95) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B£ CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE corwICATB HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR LIABILITY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Michael Ashley Hill ACORD CORPORATION 04/21/98 11:50 TX/RX NO.4236 P.002 Meeting Type: Regular Meeting Date: 05-05-98 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BID AWARD, RECLAIMED WATER PROJECT PHASES II AND III DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider the award of the reclaimed water project phases II and III in the amount of $498,005 to the low bidder, Dial Communications, Inc., as recommended by the public works director. Summary Explanation & Background: See the attached memo from the public works director. This project is 100% sewer impact fee eligible and the city currently has over $1.5 million in sewer impact fees. Currently, the city manager is limited to $5,000 in purchasing authority for change orders. The public works director is asking for an increase in this level to help expedite change orders while the contractor is in the work area Staff and I recommend approval of this bid award. Exhibits Attached: Public Works Director's memo of 04-28-98 City Manager's Office Bennett C. Boucher Department WATER RECLAMATION/PUBLIC WORKS g:/admin/council/meeting/1998/05-05-98/dial.doc CITY OF CAPE CANAVERAL REUSE DISTRIBUTION AND TRANSMISSION SYSTEM M E M O R A N D U M DATE: April 28, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski [initital-EG] Public Works Director SUBJECT: Reclaimed Water Project Phase II & III Bid Award Dial Communications, Inc. The City advertised requests for bid for the construction of Phase II and III of the reclaimed water distribution system with services, on March 22, 1998. The scheduled bid opening was on April 15, 1998 at 3:00 p.m. at the City Hall Annex. The City received eight (8) bids. The low bidder was Dial Communications, located in Tallahassee, Florida. As the result Phase II bid was in amount of $297,425 and Phase III was $200,580 for a total low bid of $498,005. The City's Consultant, Harman & Associates reviewed the bid package and conducted a background check of current project in progress by Dial Communications. Attached is the result of the findings by Hartman & Associates. This construction project and engineering services is 100% impact fee eligible. Funds have been budgeted in the current budget year for Phase II in the amount of $225,000 and next fiscal budget year (FY 98/99) for Phase III in the amount of $500,000. Attached is a copy of the Enterprise Fund Five Year Capital Budget. Funds are available for Phase II. Request Council approval to appropriate funds for Phase III budgeted in FY 98/99 and move to current budget year. Additional funding in the amount of $100,000 will be available from St. John's River Water Management District (SJRWMD). The written contract for the SJRWMD grant is scheduled for approval this June. Recommend the approval of the following items: 1. Awarding the Reclaimed Water Construction Bid to the low bidder, Dial Communications Inc for the construction of Phase II and Phase III in the amount of $498,005. 2. Allowing the City Manager to approve any additional change orders for additional work in Phase I, II and III of the Reclaimed Water Construction project. 3. Appropriate the necessary funds budgeted in fiscal year FY 98/99 and move to the current budget year. Attachment CC: File HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants PRINCIPALS James E Chrisptopher. PE Charles W Drake. PG Gerald C. Hartman. PE Mark I Duke. PSM Mark A Rynning. PE Harold E Schmidt.,Jr. PE William D Musser PE SENIOR ASSOCIATES Zachary Fuller. PE Thomas E Odom., Jr. PE ASSOCIATES Marco H. Rocca CMC J. Richard Voorhees. PE Douglas P. Dufresne. PG Richard C. Copeland. MBA Roderick K. Cashe. PE Jon D. Fox. PE James E Golden. PG Troy E Dayton. PE Alicia E. Oller. MS Andrew T Woodcock. PE April 27, 1998 HAI#92-288.00 Via Facsimile Mr. Bennett C. Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 34920 Subject: Phases H & III Reclaimed Water System Dear Mr. Boucher: Hartman & Associates, Inc. (HAI) has reviewed the bids that were received on April 15, 1998, for the above -referenced project. The apparent low bidder was Dial Communications, Inc. with a total base bid amount of $498,005.00. This bid amount is very competitive, based on recent bids that we have received for similar projects. This can be attributed to a number of reasons, which include: 1. The aggressive advertising of the project resulted in receiving eight (8) bids. This can be attributed to Mr. Michael Hudkins, P.E., of our firm who took it upon himself to notify a number of utility contractors relative to this project. 2. Allowing alternate materials and construction techniques. As we discussed in our previous conversations, the City's standards changed since the design of the project was completed in April 1996, to the date the of the bids were to be received. The primary change was the requirement of not permitting any of the existing roadways in the City to be open cut, and therefore, required the jack and bore method for all road crossings in the City. Based on this requirement, we then revisited the route to determine if there would be any problem associated with this City required change. Our assessment indicated that the existing rights -of -ways and land available, the use of the jack and bore method for roadway crossing would not be possible, without damaging the existing roadway surface. Additionally, as we discussed, a number of improvements were made since we completed our design in April of 1996, namely the installation of the sidewalk along Ridgewood. Both of these items could significantly increase the cost of the project, if alternative means and methods of construction were not considered by our firm. Although the 201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801 TELEPHONE (407) 839-3955 • FAX (407) 839-3790 • www.consulthai.com ORLANDO FORT MYERS PLANTATION JACKSONVILLE TALLAHASSEE Mr. Bennett C. Boucher City Manager April 27, 1998 Page 2 project design was complete, we decided to include in the project drawings and specifications an alternative method of construction, which was not commonly used when the original design was completed in 1996. This alternative means of utility construction was the directional drill method. The result of the extra efforts of our firm, which were outside of our original scope, resulted in the bids being lower than estimated in our project estimate that was provided to the City at the Council meeting that I attended in February. HAI has reviewed the bid and references or Dial Communications, Inc. and we have also personally witnessed their work for a similar project in Orange County. Based on our review, we have determined them to be qualified to construct the City of Cape Canaveral Phases II & III Reclaimed Water System. Therefore, HAI recommends the award of this contract to Dial Communications, Inc. for a total contract price of $498,005.00. It has been a pleasure to work with you throughout the design of this project. Additionally, as you had indicated to Mike, the City may want to consider the possibility of Resident Project Representative (RPR) services, since the work will be constructed in congested rights -of -ways and can impact a number of City citizens. I will be forwarding to you in the next few days a proposal for these services. If, in the meantime, you should have any questions or comments regarding the above, please do not hesitate to call me. Very truly yours, Hartman & Associates, Inc. Harold E. Schmidt, Jr., P.E. Vice President HES/ska/92-288.00/corresp/bouch.hes cc: Ed Gardulski, City of Cape Canaveral Walter Bandish, City of Cape Canaveral Michael J. Hudkins, P.E., HAI Sheet1 City of Cape Canaveral Phases II & III Reclaimed Water System Improvements Bids Received - April 15, 1998 - 3:00 p.m. City of Cape Canaveral City Hall Annex Contractor Phase II Bid Phase III Bid Total Bid R.A. Scott Const. Co. 470,026.00 307,751.00 777,777.00 Piute Contractors, Inc. Dial Communications, Inc. 297,425.00 200,580.00 498,005.00 (1) Stormwater & Underground, Inc. 309,320.00 212,015.00 521,335.00 (2) Volusia Const. Co., Inc. Maxwell Contracting, Inc. 394,520.00 276,480.00 671,000.00 Burnup & Sims Telcom, Inc. 341,530.50 258,454.50 599,985.00 (3) MD Utility Contractors, Inc. 451,895.00 357,330.00 809,215.00 Support Construction 559,255.00 388,965.00 948,220.00 Pledger, Inc. 491,320.00 335,220.00 826,540.00 Page 1 CITY OF CAPE CANAVERAL DETAILED FIVE-YEAR CAPITAL PURCHASES DEPARTMENT/ PROJECT (1) FY 97/98 (2) FY 98/99 (3) Y 99/00 (4) FY 00/01 (5) FY 01/02 WASTEWATER TREATMENT DEPARTMENT REUSE SYSTEM (L) AIR HAMMER SYSTEM (F) SEWER LINEIMANHOLE REPAIRS (E,F) LIFT STATION TELEMETRY (F) MICROSCOPE (F) AUTO SAMPLERS (F) COMPUTER EQUIPMENT (F) PICK-UP TRUCK (F,K) REHAB LIFT STATION # 4 (E,F) MAINTENANCE BUILDING (F,K) (S) AUTOMATIC SAMPLERS BACKHOE ATTACHMENT FOR BOBCAT FUME HOOD AIR COMPRESSOR COPY MACHINE COMPUTER EQUIPMENT MAINTENANCE TRUCK WITH CRANE (F,K) TOTAL WASTEWATER TREATMENT DEPARTMENT REQUESTS : POSSIBLEFUND:SOURCE CODES: A = GENERAL OBLIGATIONS BONDS B = REVENUE BONDS C = LOCAL OPTION GAS TAX D = SEWER IMPACT FEES E = SEWER RENEWAL & REPLACEMENT F = SEWER REVENUE FUND G = GENERAL FUND RESERVES H = AD VALOREM TAX I = GENERAL FUND OPERATING REVENUE J = BEAUTIFICATION FUND RESERVES K = SEWER FUND RESERVES L = STATE REVOLVING LOAN M = GRANT FUNDS N = CAPITAL EXPANSION IMPACT FEES - GENERAL GOVERNMENT 0 = CAPITAL EXPANSION IMPACT FEES - POLICE P = CAPITAL EXPANSION IMPACT FEES - FIRE Q = CAPITAL EXPANSION IMPACT FEES - LIBRARY R = CAPITAL EXPANSION IMPACT FEES - PARKS & RECREATION S = FUNDED BY BREVARD COUNTY 25,000 500,000 500,000 20,000 150,000 50,000 100,000 79,175 4,000 20,000 10,000 18,000 35,000 150,000 20,000 5,700 5,500 2,500 10,000 10,000 55,000 537,875 590,000 742,000 100,000 78 City of Cape Canaveral REUSE CONSTRUCTION PROJECT BUDGET SUMMARY Phase 2A & 2B Phase 3 DESCRIPTION COST COST totals Construction Distribution System $239,950 $147,005 Service Connections $43,750 $42,375 General Construction $15,100 $11,200 Total Construction Cost $298,800 $200,580 $499,380 Engineering Inspection Service $30,222 $25,287 $55,509 Portable Water Backflow Devises $48,750 $46,250 $95,000 Subtotal $377,772 $272,117 $649,889 Contingency @ 10% $37,777 $27,212 $64,989 Total Cost $415,549 $299,329 $714,878 THE AMERICAN INSTITUTE OF ARCHITECTS BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Dial Communications, Inc. PO Box 10017, Tallahassee, FL 32302 (Here insert full name and address of legal title of Contractor) as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02117 (Here insert full name and address of Surety) a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held & firmly bound unto City of Cape Canaveral (Here insert full name or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of Amount Bid Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for City of Cape Canaveral, Phase I & II, Reclaimed Water (Here insert full name, address and description of project) System Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of April 19 98 Witness Betty [Handwriting illegible/unread] Dial ommunications, Inc. BY: — (Principal) (Seal) Kenneth R. Holshoe, Vice President ( Printed Name & Title) Sandra F. Black Witness Sandra Black Liberty Mutal Insurance Company BY: Robert L. Potts, Jr (Surety) (Seal) Robert L. Potts, Jr., Attorney-In-Fact (Printed Name & Title COUNTERSIGNED BY: Peter Kessler, FL Resident Agent A1A DOCUMENT A310 - BID BOND - A1A - FEBRUARY 1970 ED Dial Communications, Inc. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 504074 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, WILLIAM L. HIX, W. PARKER HIX, SANDRA F. BLACK, JULIE H. BLACK, ROBERT L. POTTS, JR., DAVID POTTS, S. DANNY SELLERS, ALL OF THE CITY OF ATLANTA, STATE OF GEORGIA ................ ................................................................................. ...................................................................................................... ................................................................................ ,each individually, and if there be more than one named, its true and lawful attorney in fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all bonds and consent of surety for all obligees, including any and all consents required by the Department of Transportation, State of Florida, incidental to the release of retained percentages and/or final estimates, LIMITED in the amount of THIRTY FIVE MILLION********************************* DOLLARS ($ 35,000,000 ********** ) each, and the execution of the aforesaid bonds and consents of surety, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such _ instruments shall be as binding as if signed by the president and attested by the secretary. v F By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact L as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, O f bonds, recognlzances and other surety obligations. Q C That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. 0 - IN -IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance y Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 20th day of February , 19 98. LIBERTY MUTUAL INSURANCE COMPANY N C By Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF MONTGOMERY On this 20th day of February A.D. 19 98 before me, a Notary Public, personally came the individual, known to me to be the therein described individual and officer of Liberty Mutual Insurance Company who executed the preceding instrument; and he acknowled- ged that he executed the same and that the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signature subscribed thereto was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMONY WHEREOF, I hereunto set my hand and affix my official seal at Plymouth Meeting, PA, the day and year first above written. [Printed- illegible/unread] Donna E Shields Notary Public CERTIFICATE I, the undersigned, Assistant-Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said comp y, this 15th day of April ,19 98 Assistant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER February 20 ,20 00. Not Vaid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 1-610-832-9240 between 8:00 am and 4:00pm [Printed illegible/unread] NAME OF BIDDER: Dial Communications, Inc. SECTION 00300 BID FORM DATE SUBMITTED: 4/15/98 PROJECT IDENTIFICATION: CITY OF CAPE CANAVERAL PHASE II & III - RECLAIMED WATER SYSTEM IMPROVEMENTS NAME OF BIDDER: Dial Communications, Inc. BUSINESS ADDRESS: 4972 Woodbille Hwy. , Bldg. #4 Tallashassee, FL 32311 Telephone Number: 850/878-1322 CONTRACTOR'S FLORIDA LICENSE NO.: CUC056963 - CGC004194 THIS BID IS SUBMITTED TO: CITY OF CAPE CANAVERAL 105 Polk Avenue, Cape Canaveral, Florida 32920 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: (a) Bidder has examined and carefully studied the Bidding Documents and the following Addenda receipt of which is hereby acknowledged: No. 1 Dated 4-10-98 No. Dated No. Dated No. Dated No. Dated No. Dated No. Dated No. Dated MJH/ska/wk/specs/S-1/00300c. txt HAI #92-288.00C 00300-1 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. (b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determinations set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance of furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) Bidder has correlated the information known to Bidder, information- and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract MJH/ska/wk/specs/S-1 /00300c. txt HAI #92-288.00C 00300-2 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. Bidder submits the following lump sum/unit prices to perform all the Work as required by the Drawings and Specifications. All Bid items shall include all materials, equipment, labor, permit fees, taxes, tests, miscellaneous costs of all types, overhead, and profit for the item to be complete, in place, and ready for operation in the manner contemplated by the Contract Documents. SCHEDULE OF PRICES FOR CAPE CANAVERAL PHASE II & III - RECLAIMED WATER SYSTEM IMPROVEMENTS PHASE II - RECLAIMED WATER SYSTEM IMPROVEMENTS Estimated Item Description Quantity A Indemnification I B Mobilization/Demobilization C General Requirements D Color Audio -Video Preconstruction E 8 -inch PVC F 6 -inch PVC G 4 -inch PVC H 6 -inch Gate Valve I 4 -inch Gate Valve J Sidewalk Removal and Replacement 1 1 1 1 225 4,015 8,775 4 4 14,000 Unit Unit Price Amount L.S. $1,000.00 $1,000.00 L.S. 8,000.00 8,000.00 L.S. 2,500.00 2,500.00 L.S. 2,200.00 2,200.00 L.F. 27.00 6,075.00 L.F. 20.00 80,300.00 L.F. 17.00 149,175.00 EA. 650.00 2,600.00 EA. 450.00 1,800.00 S.F. .10 1,400.00 MJH/ska/wk/specs/S-1/00300c.txt HAI #92-288.00C 00300-3 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. Item Description Estimated Quantity Unit Unit Price Amount K Reuse Service Connection (single) 75 EA. 250.00 18,750.00 L Reuse Service Connection (Double) 40 EA. 275.00 110,000.00 M 2 -inch Reuse Service Connection 40 EA. 350.00 14,000.00 Total Phase II Price (Sum of items A-M) $297,425.00 TWO HUNDRED NINETY-SEVEN THOUSAND, FOUR HUNDRED TWENTY-FIVE ------------- Dollars (in words) PHASE III - RECLAIMED WATER SYSTEM IMPROVEMENTS Items Description Estimated Quantity Unit Unit Price Amount A Indemnification 1 L.F. 1000.00 1000.00 B Mobilization & Demobilization 1 L.S. 5000.00 5000.00 C General Requirements 1 L.S. 2000.00 2000.00 D Color Audio-Video Presentation 1 L.S. 2200.00 2200.00 E 6 -inch PVC 5,680 L.F. 20.00 113,600.00 F 4-inch PVC 1,315 L.F. 17.00 22,355.00 G 6-inch Gate Valve 8 EA 650.00 5200.00 H 4 -inch Gate Valve 13 EA 450.00 5850.00 I Sidewalk Removal & Replacement 10,000 S.F. .10 1000.00 J Reuse Service Connection (Single) 75 EA 250.00 18,750.00 K Reuse Service Connection (Double) 35 EA 275.00 9,625.00 L 2 -inch Reuse Service Connection 40 EA 350.00 14,000.00 Total Phase III Price (Sum of Items A -L) $200,580.00 TWO HUNDRED THOUSAND, FIVE HUNDRED EIGHTY ----------------- Dollars (in words) Total Price (Sum of Phases II & III) $498,005.00 FOUR HUNDRED NINETY-EIGHT THOUSAND, FIVE ---------------------------Dollars (in words) MJH/ska/wk/specs/S-1/00300c.txt 041098 HAI 492-288.00C 00300-4 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. 7. The following documents are attached to and made a condition of this Bid: (a) Questionnaire (Bidding Documents, Section 00301). (b) Subcontractor Listing (Bidding Documents, Section 00302). (c) Required Disclosure (Bidding Documents, Section 00303). (d) Bid Security (surety bond or cashier's check - Section 00410). (e) Corporate authority to execute Bid (any corporate employee other than president or vice president, Section 00410). (f) Power of Attorney (for surety bond only). (g) Sworn Statement on Public Entity Crimes (Bidding Documents, Section 00470). (h) Noncollusion Affidavit (Bidding Documents, Section 00480). (i) Trench Safety Affidavit (Bidding Documents, Section 00490). 8. The terms used in this Bid, which are defined in Article 1 of the General Conditions shall have the meanings assigned to them in the General Conditions as amended by the Supplementary Conditions. 9. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. The Work shall be performed under a Florida Contractor's License. Contract shall not be awarded unless proof of valid license(s) is provided. MJH/ska/wk/specs/S-1/00300c.txt HAI #92-288.00C 00300-5 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. If Bidder is: (ALL SIGNATORIES MUST HAVE THEIR NAME PRINTED OR TYPED BELOW THEIR SIGNATURE) SOLE PROPRIETORSHIP N/A (Individual's Signature) (SEAL) (Individual's Name) (SEAL) Doing Business as: Business Address: Telephone No.: Florida License No. A PARTNERSHIP (Partnership Name) (SEAL) (General Partner's Signature) (General Partner's Name) Doing Business as: Business Address: Telephone No.: Florida License No.: MJH/ska/wk/specs/S-1/00300c.txt HAI #92-288.00C 00300-6 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. A CORPORATION DIAL COMMUNICATIONS, INC. (SEAL) (Corporation Name) FLORIDA (State of Incorporation) BY KENNETH R. HOLSHOE (Name of Person Authorized to Sign) VICE PRESIDENT (Title) (Authorized Signature) (CORPORATE SEAL) ATTEST CONTROLLER Doing Business as: DIAL COMMUNICATIONS, INC. Business Address: 4972 WOODBILLE HWY., BLDG. #14 TALLAHASSEE, FLORIDA 32311 Telephone No.: 850 | 878-1322 Corporation Vice President KENNETH R. HOLSHOE Florida License No.: CUC056963, CGC004194 MJH/ska/wk/specs/S-1 /003 00c.txt HAI #92-288.00C 00300-7 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. A JOINT VENTURE By N/A (SEAL) (Name) By (Address) By (SEAL) (Name) By (Address) Doing Business as: Business Address: Telephone No.: Florida License No. (Name) (Address) (SEAL) (SEAL) (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). 7. List the following in connection with the Surety which is providing the Bid Bond. Surety's Name: Surety's Address: Surety's Name: LIBERTY MUTUAL INSURANCE COMPANY Surety's Address. P.O. BOX 105058 ATLANTA, GA 30348 Name and address of Surety's resident agent for service of process in Florida: ALLIED COVERAGE CORP. OF GEORGIA 11 PIEDMONT CENTER, SUITE 715 3495 PIEDMONT ROAD, NE ATLANTA, GA 30305 MJH/ska/wk/specs/S-1 /00300c.txt HAI #92-288.00C 00300-8 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. SCHEDULE OF MANUFACTURERS/SUPPLIERS The Contract Documents are based upon the equipment or products available from the manufacturers/suppliers denoted as "A", "B", etc. However, the Bidder must indicate in his Bid which Base Bid manufacturer/supplier he intends to use for each item of equipment listed by circling one (1) of the listed manufacturers/suppliers. Should the Bidder fail to circle a named supplier, he hereby agrees to provide the item listed as "A". After receipt of bids, the Bidder may not substitute for any manufacturer or supplier circled. If the Bidder desires to propose one (1) or more alternate manufacturers/suppliers, he may write in the name of such alternates in the spaces provided on the pages following the lists, but he must, nevertheless, also circle one of the listed manufacturers/suppliers. All "or equal" or substitute items must be identified at the time of Bid (see paragraph 6.7 of the General Conditions as amended by the Supplementary Conditions). If the proposed alternate manufacturer/supplier is determined "not equivalent" by the Engineer, the Bidder must use the circled manufacturer/supplier. If the Bidder fails to indicate which listed manufacturer/supplier he intends to use or if an alternate is rejected, he must use the supplier listed as "A". Also, if the Bidder circles more than one listed manufacturer/supplier, he must use the first manufacturer/supplier circled (unless an alternate is approved). Each proposed alternate will be evaluated in accordance with Paragraph 6.7 of the General Conditions. In addition to the reimbursement required under Paragraph 6.7 of the General Conditions, the Contractor shall also reimburse the Owner for any engineering costs directly attributable to the change in manufacturers/suppliers, caused by the acceptance of proposed alternates, such as; additional field trips for the Engineer, additional redesign costs, and additional review costs, etc. Other costs directly attributable to the change in manufacturers/suppliers caused by the acceptance of proposed alternates such as increased electrical requirements, larger building, additional pumps, piping or tankage, etc., shall be borne by others and not by the Owner. The Owner may request, and the Bidder shall supply, complete information on proposed alternates prior to the Notice of Award. MJH/ska/wk/specs/S-1 /003 OOc. txt HAI #92-288.00C 00300-9 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. ALTERNATES, SUBSTITUTIONS AND "OR EQUAL" The undersigned as Bidder agrees that alternates, substitutions, or "or equal" items will not be considered until after the "Effective Date of the Agreement and will be evaluated in accordance with Paragraphs 6.7, 6.7.1 and 6.7.2, of the General Conditions as amended by the Supplementary Conditions. If Bidder intends to propose alternates, substitutions or "or equal" items after the "Effective Date of the Agreement", it is agreed that these items will be listed on the Substitution List included with the Bid (form provided herein). Only the proposed alternates, substitutions or "or equal" items listed on the Substitution List will be evaluated by the Engineer in accordance with the General Conditions. SUBSTITUTION LIST OF ALTERNATE MANUFACTURERS/SUPPLIERS Bidder proposes the following substitutions and "or equal' items of alternate manufacturers/suppliers for the equipment of material categories so identified: Equipment Alternative Proposed Item Drawing Spec. Manufacturer/Supplier Price Deduct Material No. Section (List One Only) for Alternate 1. HDPE ALL PLEXCO/DRISCOPIPE -0- 2. 3. 4. 5. 6. 7. 9 10. END OF SECTION MJH/ska/wk/specs/S-1 /003 00c.txt HAI #92-288.00C 00300-11 041098 NAME OF BIDDER: DIAL COMMUNICATIONS, INC. Category I - SCHEDULE OF BASE BID MANUFACTURERS/SUPPLIERS Equipment Item Specification or Material Section No. Manufacturer/Supplier Ductile Iron Pipe 15062 A. American B. U.S. Pipe C. McWane Polyvinyl Chloride (PVC) Pressure Pipe 15071 A. J.M. Pipe B. Certainteed Gate Valves 15101 A. Mueller B. American Darling C. U.S. Pipe MJH/ska/wk/specs/S -1 /003 00 c. txt HAI 492-288.00C 00300-10 041098 DIAL COMMUNICATIONS, INC. SECTION 00301 QUESTIONNAIRE DATE: 4-15-98 PROJECT IDENTIFICATION: CITY OF CAPE CANAVERAL PHASE II & III - RECLAIMED WATER SYSTEM IMPROVEMENTS NAME OF BIDDER: DIAL COMMUNICATIONS, INC. BUSINESS ADDRESS: 4972 WOODVILLE HIGHWAY, BLDG. # 4 TALLAHASSEE, FL 32311 Telephone No.: 850 | 878-1322 CONTRACTOR'S FLORIDA LICENSE NO. CUC056963 - CGC004194 The undersigned warrants the truth and accuracy of all statements and answers herein contained. Include additional sheets if necessary. 1. How many years has your organization been in business as a General Contractor? 24 YEARS 2. Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? SEE ATTACHMENT # 1 3. Have you ever failed to complete work awarded to you? If so, where and why? NO 4. Name three (3) municipalities for which you have performed work and to which you refer: CITY OF TALLAHASSEE ORANGE COUNTY PUBLIC UTILITIES FLORIDA WATER SERVICES MJH/ska/specs/S-1/00301 c.txt HAI #92-288.00C 00301-1 030998 DIAL COMMUNICATIONS, INC. 5. Have you personally inspected the site of the proposed Work? Describe any anticipated problems with the site and your proposed solutions? YES 6. Will you Subcontract any part of this Work? If so, describe which portions: NO 7. What equipment do you own that is available for the Work? $ 5,000,000 WORTH 8. What equipment will you purchase for the Work? NONE 9. What equipment will you rent for the Work? UNLIMITED MJH/ska/specs/S-1 /00301 c.txt HAI #92-288.000 00301-2 030998 #1 WORK IN PROGESS CUSTOMER JOB NAME / DESCRIPTION LOCATION CONTRACT AMOUNT. TOM QUICK/ ROGER LUNT JASMINE LANE 8" WATER MAIN, 8" GRAVITY SEWER, TALLAHASSEE, FL $45,464.84 TOWN OF BRONSON, FL WATER SYSTEM IMPROVEMENTS NEW WATER DIST. SYSTEM BRONSON, FL $473,731.76 ORANGE COUNTY UTILITIES SHERRY DR. WATER DIST. SYS. IMPROVEMENT 6" & 8" PVC & D.I. WATER MAIN / DIRECT. BORE ORLANDO, FL $270,943.70 ORLANDO UTILITIES COMMISSI O.U.C. DIRECTIONAL BORE 1",2" & 1-1/2" BORES & SERVICES ORLANDO, FL $29,345.77 CITY OF TALLAHASSEE, FL C.O.T. AIRPORT FORCE MAIN 8" SEWER FORCE MAIN, LIFT STATION TALLAHASSEE, FL $346,426.22 CITY OF PORT ORANGE, FL SOUTH AIRPORT RD. FORCE MAIN 12" SEWER FORCE MAIN, DIRECT. BORES(3) PORT ORANGE, FL $96,429.40 SANDCO, INC CENTRE COURT SUBDIVISION 8" GRAVITY COUNTY SEWER, WATER MAIN, LIFT STA. TALLAHASSEE, FL $237,534.00 ORANGE COUNTY UTILITIES RIVERSIDE SERVICE AREA, MEADOWBRK WATER DIST. SYSTEM, DIRECT.BORE ORLANDO, FL $473,802.64 REGENCY REALTY GROUP, INC WINN-DIXIE, MAHAN MARKET PLACE WATER/FIRE MAIN, 8" GRAVITY SEWER MAIN TALLAHASSEE, FL $48,356.44 CITY OF OCOEE, FL PEACH LK. MANOR #4 WATER METRE RELOC. SERVICE RELOCATIONS OCOEE, FL $23,214.00 FLORIDA WATER SERVICES SPRINGHILL, U.S. 19 EXTENSION TO W.W.T.P. WATER WORKS IMPROVEMENTS SPRINGHILL, FL $42,595.20 SUWANNEE COUNTY LIVE OAK WATER MAIN & S.S. MAIN EXT. 14" D.I. WATER MAIN, 8" GRAVITY SEWER LIVE OAK, FL $387,582.00 TALQUIN ELECTRIC TRAILER PARK FOR ED DAVIS (STONELER RD.) 8" PVC GRAVITY SEWER TALLAHASSEE, FL $28,258.06 ORANGE COUNTY UTILITIES RIMAR RIDGE/RANCHETTE SERVICE AREA WATER DISTRIBUTION SYSTEM IMPROVEMENTS ORLANDO, FL $199,785.00 CITY OF TALLAHASSEE, FL C.O.T. ANNUAL WATER SERVICES CONTRACT 1400 WATER SREVICES REPLACEMENT TALLAHASSEE, FL $548,154.00 $3,251,623.03 DIAL COMMUNICATIONS,.INC. 10. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary). SEE ATTACHMENT # 2 11. State the true and exact, correct, and complete name under which you do business. Bidder is: DIAL COMMUNICTIONS, INC. END OF SECTION MJH/ska/specs/S-1 /003 01 c.txt HAI #92-288.00C 00301-3 030998 ABLE TELCOM HOLDING CORP. AND SUBSIDIARIES Consolidated Balance Sheets Assets Current assets: Cash and cash equivalents Investments Accounts receivable, net Inventories Costs and profits in excess of billings on uncompleted contracts Prepaid expenses and other Deferred income taxes Total current assets Property and equipment, net Other assets: Deferred income taxes Goodwill, net Other Total other assets Total assets October 31 1996 1995 $ 3,267,161 $ 2,952,239 571,010 571,875 13,617,792 10,529,124 1,374,698 3,535,622 954,269 --- 757,883 831,908 905,898 151,879 21,448,711 18,572,647 10,667,357 6,119,608 269,942 331,739 5,919,880 7,203,761 612,941 254,461 6,802,763 7,789,961 $ 38,918,831 $ 32,482,216 See accompanying notes to consolidated financial statments. F4 DIAL COMMUNICATIONS, INC. SECTION 00301-A SUBCONTRACTOR LISTING ALL WORK BY DIAL COMMUNICATIONS OWN FORCES List all proposed Subcontractors to be used for this Project. Firm Name Address and Telephone Number Use additional sheets if necessary. Trade Estimated Dollar Amount MJH/ska/specs/S-1 /00301 c.txt HAI #92-288.000 00301-4 030998 DIAL COMMUNICATIONS, INC. SECTION 00303 REQUIRED DISCLOSURE With its Bid submission, Bidder shall disclose all material facts pertaining to any felony conviction of any pending felony charges in the last three (3) years in this State or any other state of the United States against (i) Bidder, (ii) any business entity related to or affiliated with Bidder, or (iii) any present or former executive employee, officer, director, stockholder, partner or owner of Bidder or of any such related or affiliated entity. This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns 20 percent (20%) or less of the outstanding share of a Bidder whose stock is publicly owned and traded. If no disclosure is warranted, so state below: NO DISCLOSURE WARRANTED END OF SECTION NUWska/sp ecs/s-1003 03 . txt HAI #92-288.00c 00303-1 022798 DIAL COMMUNICATIONS, INC. SECTION 00480 NONCOLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF LEON KENNETH R. HOLSHOE , being first duly sworn deposes and says that: 1. He (it) is the VICE PRESIDENT of DIAL COMMUNICATIONS, INC. , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. By MJH/ska/specs/s-1/00480C.TXT HAI #92-288.00c 00480-1 022798 DIAL COMMUNICATIONS, INC. Sworn and subscribed to before me this 14 day of APRIL, 1998, in the State of FLORIDA , County of LEON Notary Public My Commission Expires: Feb 23, 2002 WAYNE T. SPROUSE END OF SECTION MY COMMISSION # CC 719218 EXPlRES: February 23, 2002 Bonded Thru Notary Public Underwriters END OF SECTION MJH/ska/specs/s- 1/00480C.TXT HAI #92-288.00c 00480-2 022798 DIAL COMMUNICATIONS, INC. SECTION 00490 TRENCH SAFETY AFFIDAVIT Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-096, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Trench Safetv Item (Description) DIRECTIONAL BORING/TRENCH Cost CITY OF CAPE CANAVERAL PHASE I - RECLAIMED WATER SYSTEM IMPROVEMENTS A. Slope were required One Thousand Dollars (Cost in Words) TOTAL $ 1000.00 FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON-RESPONSIVE COMPANY NAME: DIAL COMMUNICATIONS, INC. DATE: 4-15-98 BY: END OF SECTION MJH/ska/specs/S-1/00490C.TXT HAI 992-288.00c 00490-1030998 DIAL COMMUNICATIONS, INC. NOTE: Construction Industry Licensing Board Rule 61G4-15.005 establishes minimum NET WORTH REQUIREMENTS for the following categories of contractors: $10,000 General, Building, Residential, Sheet Metal, Roofing, Class A Air Conditioning, Class B Air Conditioning, Class C Air Conditioning, Mechanical, Commercial Pool/Spa, Residential Pool/Spa, Plumbing, Underground Utility & Excavation, Specialty Structure, Pollutant Storage Systems Specialty; Solar $ 2,500 Residential Solar Water Heating Specialty, Gypsum Drywall Specialty, Registered Precision Tank Tester, Swimming Pool/Spa Servicing 8. QUALIFIED BUSINESS ORGANIZATION (QB) - NOTE: If you are qualifying as an Individual, you DO NOT need to complete this page. A. AUTHORITY/RESPONSIBILITIES - Everyone (including a sole proprietorship) must fill out thelrelbaPen . The owner or partner must sign; or, if you are qualifying a corporation, have the corporate secretary sign below. At a meeting of (Name of Business organization) DIAL COMMUNICATION, INC. ,held on the 16 day of JAN 1998, (Name of Qualifier) KENNETH HOLSHOE was legally appointed as the qualifier to act for the business organization in all matters connected with its contracting business, and was given authority to supervise all construction work performed by the business. Signed by Secretary, Partner, or Owner FINANCIAL RESPONSIBILITY - To be executed by the qualifying contractor. I, KENNETH HOLSHOE, acknowledge that pursuant to Florida Statute 489, l shall be responsible for all financial aspects of the business organization I am applying to qualify. I realize that this includes "financial matters, " both for the organization inoeneral and fqr each specific job. Signature (Qualifying contractor) NOTE. If the business organization has completed a separate application AND received approval from the CILB for a designated FINANCIALLY RESPONSIBLE OFFICER, contact the Board office. C. PRIMARY/SECONDARY QUALIFYING AGENT DESIGNATION - In accordance with 489.1195(1)&(2), we, the undersigned, agree to the following primary/secondary qualifier designation for the business organization: PRIMARY QUALIFYING AGENT. As the primary qualifying agent //we attest that //we have final approval authority on all checks, drafts, or payments, regardless of the form of payment, made by the entity, and that the applicant has final approval authority for all construction work performed by the entity. Be advised that the entity cannot engage in any work that exceeds the scope or geographical jurisdiction of the primary qualifier's license. KENNETH HOLSHOE CU-C056963 Primary Qualifying Agent License Number Signature WAYNE T. SPROUSE CU-C004194 Primary Qualifying Agent License Number Signature tensa Number SECONDARY QUALIFYING AGENT: As secondary qualifying agent I/we attest that I have the authority to supervise all construction work performed by the entity as provided in 489. 1195(2) F.S. Secondary Qualifyina Acent License Number Signature Secondary Qualifying Agent License Number Signature Page 5 Meeting Type: Regular Meeting Date: 5-5-98 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OAK LANE PROJECT DEPT./DIVISION: STREETS/BEAUTIFICATION - PUBLIC WORKS Requested Action: That the City Council consider approval of this project, the paving contractor and appropriation of funds as outlined by the public works director. Summary Explanation & Background: This project is to provide improved safety for vehicle and pedestrian traffic and landscaping in this area. Project funding as follows: 75 feet, Oak Lane roadwork: $6,056 - General Fund/Street Repair Account 264 feet of sidewalk $1,476 - Capital Project Fund Landscaping $1,825 - Beautification Fund TOTAL $9,357 I recommend approval. Exhibits Attached: Public Works Director's memo dated 4/28/98 City Manager' s Office Bennett C. Boucher Department PUBLIC WORKS g:/admin/council/meeting/1998/05-05-98/oaklane.doc M E M O R A N D U M DATE: April 28, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: Oak Lane Beautification Project Approval The Beautification Project of Oak Lane was designed By SSA's Engineers and City Staff to improve the appearance and traffic safety of the intersection of Oak Lane and Atlantic Blvd. This project first was presented to the Beautification Board January and to the City Council February 17, 1998. The Beautification Board has approved this project. Also, the Property owners of the La Cantina and the Tosco Marketing Company for Circle K have approved the improvements. Attached is the break down of the cost estimate of the Oak Lane Project. The sidewalk and landscaping portion of this project will be from the Beautification fund in the amount of $3,301. This work will be performed by City Staff and Volunteers. The road improvement will be funded by the 001-7-541.53 /Avail Funds BB Transportation Fund in the amount of $6,056, which will require appropriation approval by City Council. This work will be contracted by Macasphalt and is currently under the County Contract. The total estimated project cost is $9,357. Recommend the approval of the Oak Lane beautification Project and the appropriation of the necessary funding and awarding 3 cooperative Bid with Brevard County to Macasphalt. Attachment CC: File LEGEND BRUSH POWER POLE FIRE HYDRANT SWALE EXTENSION (FIELD ADJUST) NOT TO SCALE CONTRACTOR TO ADJUST'IMPROVMENT GRADES AROUND' [Printed-illegible/missing letters] SEWER MANHOLE HARBOR DRIVE EXISTING PALM GENERAL NOTES 1.) EXTEND SHALLOW ROADSIDE SWALES PAST DRIVEWAYS (AT END OF PAVEMENT.) 2.) INTERSECTIN STORM DRAINAGE TO BE SPREAD VIA SHEET FLOW GRADING OF SHALLOW SWALES (SEE SWALE SPREADER DETAIL) 3.) LANDSCAPING FOR LOW BUSHES TO BE SELECTED BY PUBLIC WORKS IN CAPE CANAVERAL 24' PAVEMENT (OAK LANE) K FOOD 10' 10' LA STORE LANDSCAPE LANDSCAPE CANTINIA PARKING ISLAND 12' 12' ISLAND PARKING 2' 6' 2' 2% 2% 1' (MAX.) SECTION A-A N.T.S. OAK LANE PROJECT Sidewalks 511. X 264 Ln Ft. Concrete Form boards Compactor 18 yards $1,197.00 $ 189.00 $ 90.00 $ 1,476.00 Landscape Palms, Qty 4 Speciment Plants, Sagos Shrubs & Ground Cover, Crotons, Dune Daisy, Lirgee Sod, Qty 8 pallets Mulch Top Soil Fertilizer $ 400.00 $ 375.00 $ 275.00 $ 400.00 $ 100.00 $ 250.00 $ 25.00 $ 1,825.00 Roadway 75 feet Remove 8" of base & relocate $1,340.00 Install 8" of prime base rock, 200/SY @ $13.00/SY $2,600.00 Pave 1 1/2" S-1 asphalt, 17 -ton @ $119.75/Ton $2,035.75 Road safety 2 -days, @ $40/day $ 80.00 $ 6,055.75 TOTAL $ 9,356.75 04/28/1998 08:33 8137445233 HUMAN RESOURCES TPA. PAGE 02 North Atlantic Avenue Beautification Sidawalks, grass and driveway aprons As the owner and/or manager of property located at SWC N. Atlantic Blvd & Harbor Dr, Cape Canaveral FL in the City of Cape Canaveral, Florida, I give permission to the city to install improvements as proposed in the pictures for my property. i understand that the work will be done at no cost to my property, that the work will be completed in a timely manner and that maintenance of vegetation will be the responsibility of the undersigned property owner. Name [Handwriting-illegible/unread] , Real Estate Mgr., [Handwriting-illegible/unread] /Circle K Date 4-28-98 04/28/98 07:46 TX/RX N0.4306 P.002 0 04/28/1998 08:33 8137445233 HUMAN RESOURCES TPA. PAGE 01 TOSCO Marketing Company Tuesday, April 28, 1998 The Honorable Rocky Randels Mayor, City of Cape Canaveral P O Box 326 Cape Canaveral FL 32920-0326 Transmitted Via Fax RE. North Atlantic Avenue Beautification Dear Mayor Randels: Attached please find our approval for the beautification project concerning our store at the SWC of Atlantic Bivd. and Harbor Drive in Cape Canaveral. I apologize for the delay and wish to thank you and the city for your efforts in maintaining the beauty and ambiance of the City. sincerely, Phillip C. White Real Estate Manager 550 Breckenridge Park Dr. Suite 300 Tampa, FL 33690 813-021-15528 Fax: 813.744.5221 04/28/98 07:46 TX/RX N0.4306 P.001 0 FEB 20 '98 07:39AM MACASPHALT MELBOURNE P.1 APAC-Florida, Inc, Macasphalt Division P.O. Bax 411029 Melbourne. FL 32941-1029 Office 407/242-0236 Fax 407/242-8878 February 19, 1998 To, Ed Gardulski Public Works Director City of Cape Canaveral Re: Quote for Oak Lane, Cape Canaveral Dear Ed These cost estimates for Oak Lane are based upon our current Brevard County .Annual Bid B3-8-10. Item 1. Remove 8" of base, spread on other end of Oak Lane and compact, aprox. 200 SY (4 56.70/SY $1,340,00 Item 2. Haul,spread, compact and prime 8" of base rock aprox. 200 SY @ $13.00/SY Item 3. Pave with 1 1/2" S-1 asphalt aprox. 17 -ton @ $119.75/Ton Item 4, Misc road closed signs $40/Day aprox. 2 -Days $1,340.00 2,600.00 2,035.75 80.00 Estimated Total $6,055.75 Notes 1) All permits/fees,testing,and survey by others. 2) Macasphalt will not be responsible for any utilities that need to be relocated or adjusted during construction. 3) MOT control is not included in this price we plan to close the road to do this work. 4) This work includes one (1) mobilization to complete all work,any additional to be paid @ a unit price of $650.00 each. If you have any futher questions or wish to schedule this work ,please call me, Sincerely, Dan Gallagher Estimator & Sales BRANCH OFFICES ■ Avon Park 0 Orlando ■ Winter Haven EQUAL OPPORTUNITY EMPLOYER Meeting Type: Regular Meeting Date: 05-05-98 AGENDA Heading Resolutions Item No. 4 AGENT REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-11, APPOINTMENT OF A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of Mr. Leo Nicholas as a regular member of the Planning and Zoning Board. Summary Explanation & Background: This term will expire on 09-15-99. Please advise. Exhibits Attached: Resolution No. 98-11 City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/05-05-98/98-11.doc RESOLUTION NO. 98-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 53- 73 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one (1) regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Leo Nicholas is hereby appointed as a regular member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 1999. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of May, 1998. Rocky Randels, MAYOR ATTEST: Sandra 0. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Rocky Randels, MAYOR NAME FOR AGAINST BRUNS HERNANDEZ PETSOS PORTER RANDELS \\cape-nt\cityclerk\cityclk\resolutions\boards\appointments\1998\planning & zoning.doc Joe Elliott 14 J Cape Shores Drive Cape Canaveral, FL 32920 April 20, 1998 DISTRIBUTION Mayor X City Council X City Mgr. X City Atty. Pub. Works Dir. Building Off. X Finance Dir. P & Z Brd X City of Cape Canaveral Attn: Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32920 To Whom It Concerns: This letter is to inform of my resignation from the Cape Canaveral Planning and Zoning Board. Unfortunately, my activities at work are beginning to take more time than anticipated and I would not want to stand in the way of someone else's full participation on the board. I hope this does not prove to be too much of an inconvenience for the board. Good luck with all of your future endeavors. Sincerely, Joe Elliott Meeting Type: Regular Meeting Date: 05-05-98 AGENDA Heading Ordinances -1st Reading Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 17-98, AMENDING SECTION 34-97, DUMPSTER ENCLOSURES DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of this ordinance at first reading. Summary Explanation & Background: This ordinance will adopt dumpster screening specifications as required pursuant to our franchise agreement with USA Waste of Florida. Screening will be required on (3) sides and the opening positioned away from public view, if possible. The code and sketch provided by USA Waste of Florida will be handed out to assist in locating dumpsters on a customer's property. I recommend approval. Exhibits Attached: Ordinance No 17-98; Existing Code City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/05-05-98/17-98.doc ORDINANCE NO. 12-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34-97 DUTIES AND RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 34-97, Duties and Responsibilities for Maintenance, Subparagraph (2) of Paragraph (b) is hereby deleted in its entirety, and the following is adopted in lieu thereof: 34-97, (b)(2) Screening of service yards and dumpster area by use of walls, fencing, planting or a combination of these on three sides with one side to screen the dumpster from public view when possible, and which meet the design requirements as adopted in Appendix A of this Article referring to this section. Screening shall be equally effective in winter and summer. SECTION 2. Appendix A of the Code of Ordinances is amended by the adoption of design requirements referenced as Section 34-97(b)(2), attached hereto as Exhibit 1 and incorporated herein by this reference. SECTION 3. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 4. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. City of Cape Canaveral Ordinance No. 16-98 Page 2 (a) The minimum setbacks for swimming pools, enclosures and accessories shall be as follows and shall be in compliance with the electrical code as adopted in Chapter 82 of the City of Code of Ordinances: (1) Front, twenty-five (25) feet (see subsection (b) of this section). (2) Side (interior lot line), eight (8) feet. (3) Side (corner lot line), twenty-five (25) feet; on all nonconforming lots of record fifteen (15) feet (see subsection (b) of this section.) (4) Rear, five (5) feet (see subsection (c ) of this section). SECTION 4. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 5. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 6. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Herandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: \\CAPE-NT\cityclerk\CityClk\Ordinances\Swimming Pool Setbacks, Location & Enclosure.doc JENNINGS ENVIRONMENTAL SERVICE, INC. 3303 Lake Dr. Cocoa, FL 32926 (407) 636-6894 (407) 632-3078 Fax ANGLE OF PAD WITH ORIVING UNE SMALL ALLOW FOR A STRAIGHT—LINE MANUVERING DISTANCE OF 55 FT. 2 LANES EXPANSION JOINT'*INSIDE DIMENSION OF ENCLOSURE COLLECTION VEHICLE CONFIGURATION DUMPSTER PAD ENVIRONMENT $34-98 (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects. material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, drive- ways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. (e) Exterior property of buildings under con- struction shall be maintained during the period of construction as free of debris, rubbish or litter as possible so as not to constitute a blighting effect on the neighborhood. (Code 1981, § 652.11) Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple- famiiy dwelling, commercial or industrial prop- erty, his appointed agent and the occupant, oper- ator, tenant or anyone otherwise using the property in any form or manner shall maintain the prem- ises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoper- ative machinery. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excava- tions shall be filled and repaired and walks and steps replaced and other con- ditions removed where necessary to elim- inate hazards or unsanitary conditions with reasonable dispatch upon their dis- covery. (4) Excretions of pets on paths, walks, drive- ways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises. (5) Excessive accumulation of stormwater. (6) Source of infestation. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. (b) The owner of every single-family or multiple- famiiy dwelling, commercial or industrial prop- erty, his appointed agent and occupants, opera- tors, tenants or anyone otherwise using the property in any form or manner shall provide: (1) Adequate placement of trash cans and dumpsters in strict observance of applica- ble sections of this Code and guidelines for garbage and trash collection service. (2) Screening of service yards and dumpster areas by use of wails, fencing, planting or a combination of these. Screening shall be equally effective in winter and summer. (3) Parking areas in good repair, free from erosion, properly marked and clear of litter and debris. (Code 1981, § 652.13) Cross references—Supplementary zoning district regu- lations, § 110-466 et seq.; visibility requirements at intersec- tions, § 110-469; requirements for fences, walls and hedges, § 110-470. Sec. 34-98. Building ,appearance and main- tenance. The following criteria, unless specifically lim- ited, shall apply to all improvements within the city: (1) Reserved. (2) Materials shall have good architectural character and shall be selected for suit- ability to the type of buildings and the design in which they are used. Materials shall be of durable quality and appropri- ate to the climatic conditions of Florida. (3) Mechanical equipment, including air con- ditioners or other utility hardware, on the roof, ground or buildings shall be screened Supp. No. 4 CD34:9 Meeting Type: Regular Meeting Date: 05-05-98 AGENDA Heading Ordinances -2nd Reading Item No. 6 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 16-98, AMENDING CHAPTER 110, DIVISION 8, SWIMMING POOLS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this ordinance at second reading. Summary Explanation & Background: The P&Z Board recommended approval of the amendments at their 03-11-98 meeting. Please review the building official's outline explaining these amendments. I recommend approval. Exhibits Attached: Ordinance No. 16-98; Building Official's memo of 03-12-98• Existing Code City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MANAGEMENT g:/admin/council/meeting/1998/05-05-98/16-98.doc ORDINANCE NO. 16-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHPATER 110, DIVISION 8, SWIMMING POOLS, SECTION 110-581 CONSTRUCTION AND LOCATION, SECTION 110-582 ENCLOSURE, AND SECTION 110-584 MINIMUM SETBACKS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Chapter 110, Division 8, Swimming Pools, is hereby amended by repealing paragraphs (g) and (h), Section, 110-581, in their entirety and adopting the following paragraph (g) in lieu thereof: Sec. 110-581(g). For the purposes of this Section, neither pools nor screened enclosures are considered structures for the sole purpose of determining lot coverage Pools and screen enclosures shall meet the setback requirements as stipulated elsewhere in this Chapter. SECTION 2. Chapter 110, Division 8, Swimming Pools, is hereby amended by repealing Section 110-582, Enclosure, in its entirety and adopting the following in lieu thereof: Sec. 110-582. Enclosure. (a) Any portion of a swimming pool to which access may be obtained from outside a residence, building or similar structure shall be required to be protected by a barrier as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (b) Any portion of a swimming pool to which access may be obtained from inside a residence, building or similar structure where a wall of the residence, building or similar structure serves as a portion of the barrier required in (a) above shall be protected as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. SECTION 3. Chapter 110, Division 8, Swimming Pools, is hereby amended by repealing paragraph (a) of Section 110-584, Minimum Setbacks, in its entirety and adopting the following in lieu thereof Sec. 110-584. Minimum Setbacks. City of Cape Canaveral Ordinance No. 16-98 Page 2 (a) The minimum setbacks for swimming pools, enclosures and accessories shall be as follows and shall be in compliance with the electrical code as adopted in Chapter 82 of the City of Code of Ordinances: (1) Front, twenty-five (25) feet (see subsection (b) of this section). (2) Side (interior lot line), eight (8) feet. (3) Side (corner lot line), twenty-five (25) feet; on all nonconforming lots of record fifteen (15) feet (see subsection (b) of this section.) (4) Rear, five (5) feet (see subsection (c ) of this section). SECTION 4. Any ordinance or parts of an ordinance, in conflict herewith are repealed. SECTION 5. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 6. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of , 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone First Reading: Posted: Published: Second Reading: \\Cape-nt\cityclerk\CityClk\Ordinances\Swimming Pool Setbacks, Location & Enclosure.doc March 12, 1998 MEMORANDUM: TO: Bennett Boucher, City Manager FROM: G. J. Moran, Building Official Re: Proposed Amendments To Chapter 110, Division 8 / Swimming Pools In the Planning & Zoning Board meeting held on Wednesday March 11, 1998 the board unanimously voted to recommend approval of the above referenced amendments to the City Council. Staff requests that this item be placed on the agenda for consideration by the City Council. Staff recommends approval of the proposed amendments. City of Cape Canaveral Building Department PROPOSED AMENDMENTS Article IX, Division 8 Swimming Pools Sec. 110-581. Construction and location. (amend to read) (g) delete entire sub -section. (Reason: present aesthetic designs of residential pools include rear areas that may have landscaping areas and/or fountain that a walkway would preclude) (h) For the purposes of this section, neither pools nor screened enclosures are considered structures for the purposes of determining lot coverage. Pools and screened enclosures shall meet the setback requirements as stipulated elsewhere in this section. (balance of section remains the same) Section 110-582. Enclosure. (amend to read) (a) Any portion of a swimming pool to which access may be obtained from outside a residence. building or similar structure, shall be required to be protected by a barrier as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (b) Any portion of a swimming pool to which access may be obtained from inside a residence, building or similar structure, where a wall of the residence, building or similar structure serves as a portion of the barrier required in (a) above, shall be protected as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances (Reason: enclosure and alarm requirements are stipulated in the Standard Swimming Pool Code that the City of Cape Canaveral has adopted) (balance of section remains the same) Section 110-584. Minimum setbacks. (amend to read) Page 1 Amendments Swimming Pool Code (a) The minimum setbacks for swimming pools, enclosures and accessories shall be as follows and shall be in compliance with the electrical code as adopted in Chapter 82 of the City Code of Ordinances. (Reason: code sections change periodically) (balance of section remains the same) Page 2 ZONING $ 110.584 DIVISION 8. SWIMMING POOLS* Sec. 110-581. Construction and location. (a) Swimming pools shall be installed to city requirements, and a city permit shall be required and approved by the building department prior to construction or installation (placement). (b) Swimming pools may be built within the principal structure if it is determined through analysis by a certified engineer that such construc- tion shall not be harmful to the principal struc- ture. At the discretion of the building official, en- gineering may be required when the vertical wall of the pool (water's edge) is located within five feet of the foundation system supporting the principal structure. Engineering may also be required on all premanufactured or prefabricated pools which do not bear product approval from an accredited testing agency. (c) Swimming pools which are open and unen- closed may occupy a required rear or interior side yard setback, provided they are not located closer than five feet to a rear lot line or eight feet to an interior side lot line. (d) Commercial swimming pools are prohibited in residential districts. (e) Swimming pools shall not occupy a required front or corner side yard setback. (f) Swimming pools may not be constructed pri- or to the construction of the principal building. (g) Sec. 110-582. Enclosure. d (a) Any portion of a swimming pool to which access may be obtained from outside a residence, *Cross reference—Swimmiug pool code, § 82-246 et seq. building or similar structure shall always have an enclosure of a permanent nature, not less than four feet high. The enclosure shall be constructed to prevent access by persons through such enclo- sure. If any part of the enclosure is constructed to permit access through a gate, door or similar en- tranceway, the gate, door or similar entranceway shall be of self-closing and self -latching type and shall prevent access to the sameextent as the remainder of the enclosure. Enclosures shall not be installed within 18 inches Qf the vertical wall (water's edge) of the swimmilig pool. (b) This section may include fences or walls. When used for this purpgse, fences and walls are to comply with section ,110-470; provided, howev- er, they shall be so cc structed as to prevent the passage of a six-inclY sphere and shall not provide footholds that would permit them to be easily climbed over. This section may include screen (mesh -type or)4ven-type) enclosures. When used for this purpose, screen enclosures shall not en- croach into a required yard setback beyond the limits specified for swimming pools. (Code 1981, § 641.47(B)) Sec. 110-583. Accessories. Swimming pool accessories, such as ladders, slides, pumps and similar items, shall not en- croach into a required yard setback beyond the limits specified for swimming pools. (Code 1981, § 641.47(C)) Sec. 110-584. Minimum setbacks. - - SEE NEW TEXT (aXThe minimum setbacks for swim/ming pools, enclosures and accessories shall b as follows; these setbacks may not be sufficien when apply- ing the provisions of article 680f the electrical code adopted ur.section 82-116 r separation from overhead power lines: Yo (1) Front, 25 feet,,, (Se subsection (b) of this section.) CD 110:71 (2) Side (interior/%t lure), eight feet. (3) Side (cornlot line), 25,feet; on all noncon- forming is of record, 15feet. (See subsec- tion (b of this section.) (4) Reat, five feet. (See subsection (c) of this section.) Supp. No. 1 CD110:71 § 110-584 CAPE CANAVERAL CODE (b) See section 110-536 for special setbacks (c) In no event shall a swimming pool, screen enclosure or accessory feature be located within 15 feet of a property line that abuts and runs parallel to a public street. (Code 1981, § 641.47(D)) Supp. No. 1 CD110:72 MEMORANDUM DATE: APRIL 30, 1998 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETT C. BOUCHER CITY MANAGER SUBJECT: COMMERCE STREET Since our last meeting, I have had individual discussions with all the parties on the following scenarios to resolve this matter. Mr. Shuford is willing to spend $10,000 to put a layer of asphalt on the road and deed the road to each of the adjacent property owners or anyone else who wants it, preferably the city to get a tax write-off. This would not bring the road to city specifications, but would provide a better roadway that currently exists. 2. Mr. Kuczek is inquiring with postal authorities about the above OR the post office funds $10,000 to asphalt the road and Mr. Shuford retains ownership of the road. Mr. Berger and Mr. Haynes were briefed on the above conversation and everyone is waiting for Mr. Kuczek's response, which should be available by our meeting date. BCB:kmm