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HomeMy WebLinkAboutcocc_council_mtg_packet_20200121CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA January 21, 2020 6:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPATION Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 6:75 p.m. — 6:20 p.m. 1. Approve Minutes for December 17, 2019 Regular Meeting. 2. Award the Bid for construction of Water Reclamation Facility Process Improvements to Carr & Collier, Inc. of Leesburg, Florida in the amount of $1,249,700 and authorize Interim City Manager to execute Construction Agreement for same. 3. Award the Bid for replacement of Force Main No. 7 to T B Landmark Construction, Inc. in the amount of $293,031 and authorize Interim City Manager to execute Construction Agreement for same. PUBLIC HEARINGS 6:20 p.m. — 6:35 p.m. 4. Ordinance No. 19-2019; amending the City's Site Plan Review Requirements under Chapter 110 — Zoning of the City Code; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. 5. Ordinance No. 20-2019; amending the City Code Chapter 110 — Zoning regarding tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, second reading. City of Cape Canaveral, Florida City Council Meeting January 21, 2020 Page 2 of 2 6. Ordinance No. 01-2020; amending the City Code to establish locational, design and operational requirements for self-service storage facilities within the City; adopting conforming amendments to the Zoning Code including revising definitions and existing storage regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. REPORTS 6:35 p.m. — 6:45 p.m. ADJOURNMENT Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. Item No. 1 CAPE CANAVERAL CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY December 17, 2019 6:00 PM DRAFT MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Leisure Services Director Public Works Services Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Canaveral Fire Rescue Assistant Chief/Fire Marshal Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Gustavo Vergara Jim Moore Daniel LeFever Lisa Day Andrew Walters John Cunningham PUBLIC PARTICIPATION: Bob Carney, 340 Chandler Street, urged Council to appoint Interim City Manager Morley as the permanent City Manager rather than conducting an outside search. PRESENTATIONS/INTERVIEWS: Presentation of the John Land Award to Mayor Bob Hoog in honor of his 20 years as an elected official by Florida League of Cities Membership Services Manager Mark R. Sittig: Mr. Sittig presented the Award to Mayor Hoog. Interview Applicant for appointment to the Culture and Leisure Services Board. (Marlene Woodside): Mayor Hoog noted Ms. Woodside was not present for the meeting. City of Cape Canaveral, Florida DRAFT City Council Meeting December 17, 2019 Page 2 of 5 CONSENT AGENDA: Mayor Hoog inquired if Consent items needed to be removed for discussion. Council Member Kellum removed Item 5. Mayor Pro Tem Brown removed Items 2 and 3. 1. Approve Minutes for November 19, 2019 Sine Die and Regular Meetings. 2. Resolution No. 2019-25; bestowing upon Rocky Randels the official honorary title of "Mayor Emeritus of the City of Cape Canaveral" and establishing the duties, privileges and conditions of this volunteer, unpaid position; providing for the repeal of prior inconsistent resolutions, termination provisions, severability and an effective date. 3. Resolution No. 2019-26; providing for the division of a parcel of land owned by Wave Developments, LLC and located at 8801 Astronaut Boulevard, Cape Canaveral, Florida (existing Parcel ID. 24-27-15-00-817) into two (2) Lots of Record for development purposes subject to an existing Development Agreement recorded in the Official Record Book 8542, Page 727 of the Public Records of Brevard County, Florida; providing for repeal of prior inconsistent resolutions, severability and an effective date. 4. Resolution No. 2019-27; appointing a member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Marlene Woodside) 5. Award Agreement for Code Enforcement Special Magistrate Services to Fishback Dominick and authorize Mayor to execute Agreement for same. 6. Award the Bid for construction of Polk Ave./Orange Ave. Maintenance Upgrade for Select Stormwater Systems to Gregori Construction, Inc., of Titusville, Florida in the amount of $239,382 and authorize City Manager to execute Construction Agreement for same. 7. Reappoint Interim City Manager Todd Morley as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and appoint City resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item Nos. 1, 4, 6 and 7 on the Consent Agenda. The motion carried 5-0. Mayor Hoog stated the Items would be discussed in the order removed. 5. Discussion ensued and included the terms of the agreement, International Property Maintenance Code adopted in 2018, the desire for more choices in Requests for Proposal submittals or RFPs, advertisement of the RFP, how Attorney Geller was made aware of the opportunity through City Attorney Garganese, delaying the award, the Code Enforcement Board's City of Cape Canaveral, Florida DRAFT City Council Meeting December 17, 2019 Page 3 of 5 readiness for a special magistrate process, qualifications and specialized training of Attorney Geller, multiple ways to enforce City Codes and how the City Manager may enforce an injunction under the law. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to award the agreement for Code Enforcement Special Magistrate Services to Fishback Dominick and authorize the Mayor to execute the Agreement for same. The motion carried 4-1, with Council Member Morrison voting against. 2. Discussion ensued and included recognition of Mr. Randels' years of service to the City, his popularity around the State and Mr. Randels willingness to travel to Tallahassee for the needs of the community. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Brown, to approve Resolution No. 2019-25. The motion carried 5-0. 3. Discussion ensued regarding the reason behind dividing the parcel of land owned by Wave Development, LLC. Attorney Kim Rezanka, representing the owner, explained the purpose of the lot split including financing, liability, more signage as well as a business decision to move forward with owner plans for the property, a call for recusal from voting on matters involving property owners who have made donations to elected officials campaigns for City Council, a rebuttal to that opinion and positive comments regarding the project. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to approve Item 3, Resolution No. 2019- 25. The motion carried 5-0. PUBLIC HEARING: 8. Ordinance No. 19-2019; amending the City's Site Plan Review Requirements under Chapter 110 — Zoning of the City Code; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included streamlining the process away from a one size fits all approach, lower applicant costs, the presentation of a fee resolution for next month, Development Review Committee review process includes different departments and agencies signing off on minimum standard requirements, an opinion that questions and concerns could have been addressed with Staff prior to the City Council Meeting, a request to make modifications to sections within the Ordinance for a sliding scale option, language detailing the Development Review Committee will be the body that reviews the site plan, noticing Development Review Committee meetings and a suggestion to accept the Ordinance as written with Staff providing additional language for the second reading. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to accept Ordinance No. 19-2019 as written, at first reading, with the exception for revisions to be brought back at the next meeting. City Attorney Garganese stated all comments would be taken under advisement and brought back as recommendations for Council consideration at the next meeting. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 4-1, with Council Member Morrison voting against. City of Cape Canaveral, Florida DRAFT City Council Meeting December 17, 2019 Page 4 of 5 9. Ordinance No. 20-2019; amending the City Code Chapter 110 — Zoning regarding tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included accommodating small businesses, whether removal from the M-1 district is necessary and compatibilities of businesses to zoning districts related to shopping, industry and pain management clinics. City Attorney Garganese provided the zoning history of tattoo establishments within the industrial area. Community Development Director Dickey distributed a City-wide Zoning Map. Interim City Manager Morley suggested allowing the establishments in the M-1 district. Discussion continued regarding support for removing the strikethrough in the M-1, residential areas abutting commercial districts, maintaining buffers and urgency on behalf of a business owner. City Attorney Garganese advised the Council could pass the Ordinance on first reading and Staff bring back amended language for second reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to approve Ordinance No. 20-2019, as written at first reading, with amendment for second reading to include keeping the M-1 designation. The motion carried 5-0. ITEM FOR ACTION: 10. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities: Mayor Hoog explained the Item. Discussion ensued. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Kellum, to appoint Council Member Raymond as the Voting Delegate/Director to the Space Coast League of Cities. Discussion ensued whether anyone desired to serve as Voting Alternate other than Mayor Emeritus Randels, reappointing Mayor Emeritus Randels now and coming back to City Council later should the League not accept the decision. Council reached consensus to appoint Mayor Emeritus Randels as Voting Alternate to the Space Coast League of Cities. Motion passed 5-0. ITEM FOR DISCUSSION: 11. Impacts of adding a pool to the Canaveral City Park Multi -Generational Facility (MGF) Project: Interim City Manager Morley explained the item. Discussion ensued and included impacts on the project design approved by Council, the C.A.P.E. Center, placing a pool outside of the MGF, costs, pools versus splash pads, history of the current design and placing a community pool at a different location. Council reached consensus to move forward with the current project design and have Staff return to Council with ideas and thoughts to include available properties, lessons learned from other municipalities and current resident survey results if there is a consensus to move forward on a pool in the future. City of Cape Canaveral, Florida DRAFT City Council Meeting December 17, 2019 Page 5 of 5 Steven Snooks, 206 King Neptune Lane, expressed opinions, ideas and desire for upgraded City electric vehicle chargers. Mayor Hoog suggested Mr. Snooks contact Sustainability Analyst Zachery Eichholz to discuss the matter. REPORTS: Council Member Kellum discussed attending various events including the Space Coast League of Cities meeting, League of Women Voters Space Coast Sunshine Law Workshop, City Code Enforcement and Planning and Zoning Board Meetings, Space Coast Transportation and Planning Organization meeting, the City Giving Tree Program's gift wrapping and thanked first responders. Council Member Raymond discussed attending various events including the retirement celebration for Rockledge Councilman Joe Lee Smith, League of Women Voters Space Coast Sunshine Law Workshop, Space Coast League of Cities meeting, City Giving Tree Program's gift wrapping and an invitation the City received from the Coordinator of International Relations for the Town of Kimotsuki, Kagoshima, Japan to host a group of Cape Canaveral students on a visit during the Yabusame Festival October 2020. Council Member Raymond expressed a desire to pay her own way and offered to chaperone the group. Discussion ensued regarding the City's past experience with Sister City programs and the City hosting student groups from Japan for the last two years. Council Member Morrison wished everyone Happy Holidays, Merry Christmas and Happy New Year. Mayor Pro Tem Brown discussed attending various events including League of Women Voters Space Coast Sunshine Law Workshop, expressed thanks to Staff regarding the City Giving Tree Program, expressed support for first responders and safety during the Holidays. Mayor Hoog discussed attending the Space Coast League of Cities meeting, expressed thanks to Staff regarding the City Giving Tree Program and the Cape View Elementary School Chorus with the Cocoa Beach High School String Ensemble Program during the Holiday in the City event. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:26 PM. Bob Hoog, Mayor Mia Goforth, City Clerk City of Cape Canaveral City Council Meeting - January 21, 2020 Agenda Item Summary Item No. 2 Subject: Award the Bid for construction of Water Reclamation Facility Process Improvements to Carr & Collier, Inc. of Leesburg, Florida in the amount of $1,249,700 and authorize Interim City Manager to execute Construction Agreement for same. Department: Capital Projects Summary: Policy Process Consent $1,249,700. Project Order 2018. Hurricane efficiency effluent The City's recommend The project 2019) approved. City; others schedule Staff invited qualified licensed contractors, in accordance with the City's Purchasing and Florida Statutes, to submit a bid for construction of Water Reclamation Facility Improvements as required by Florida Department of Environmental Protection Order No. OGC 18-0196. Carr & Collier, Inc. of Leesburg, Florida was the lowest bidder Description: The improvements are being constructed in order to meet FDEP Consent requirements resulting from a number of events that occurred at the WRF in 2017 and During that time, the oxidation ditch was out of service being rehabbed, and rainfall Irma significantly increased nutrient and influent volumes to the WRF thus reducing of the wastewater treatment process. Nitrogen and phosphorous exceedances incurred several FDEP permit violations. consultant, Tetra Tech (TT), was contracted to perform a WRF Process Evaluation wastewater process improvements to meet the requirements of the Consent report ("Cape Canaveral Water Reclamation Facility Process Evaluation" dated January was prepared and submitted to FDEP for review and comment, and was subsequently Many of the tasks recommended in the TT report have already been performed will be completed as part of this project in FY19/20 and FY20/21. The status/completion of required tasks is as follows: (WRF) (FDEP) at early- from in WRF and Order. by the Item Status Implement a more frequent influent sampling and monitoring plan Complete Increase sampling frequency during periods of discharge to the Banana River Complete Distribute questionnaires to commercial customers to identify potential significant industrial users Complete Remove grit that accumulated in treatment basins to regain treatment volume Complete — grant funded task Install various nutrient probes to identify the onset of high nutrient and discharge events FY19/20 Install variable frequency drives (VFDs) and flow meter at the internal recycle pumps FY19/20 Replace RAS flow meter FY19/20 Install permanent carbon feed system FY19/20 Replace influent screens to reduce maintenance (to be completed by others in FY20/21 under separate contract). FY20/21 City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. 2 Page 2 of 2 The improvements constructed in FY19/20 and FY20/21 will complete the remaining requirements of the Consent Order and improve operational efficiency by: • Supplying operators with real-time nutrient concentration and flow data from throughout the WRF; • Reducing energy costs by installing numerous VFDs; • Improving inflow data by installing new flow meters; • Reducing effluent nitrogen and phosphorous concentrations utilizing a state -of -the art carbon feed polishing system; and • Removing debris from the treatment process by utilizing improved influent screens. In addition to the tasks already completed, these improvements are required to modernize the WRF and to maintain it as a viable wastewater treatment facility for the foreseeable future. Firm Selection Process: Staff advertised this bid opportunity on October 18, 2019 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid information on Demandstar (internet bid service). A "Bid Submittal" notation was included which stated the Contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A non -mandatory pre -bid meeting to discuss project requirements for potential bidders was performed on November 5, 2019. Seven contractors submitted sealed bids for the Project, which were publicly opened in City Hall Conference Room A on December 17, 2019 (Attachment 1). Upon review of the submitted bids, Staff and TT recommend the bid be awarded to Carr & Collier, Inc. of Leesburg, Florida in the amount of $1,249,700. A proposed Construction Agreement with Carr & Collier, Inc. is included as Attachment 2. Submitting Department Director: Jeff Ratliff ,c--2-- Date: 1/10/2020 Attachments: #1 — December 17, 2019 Bid Opening Minutes #2 - Construction Agreement Financial Impact: $1,249,700 for construction of Water Reclamation Facility Process Improvements awarded to Carr & Collier, Inc. of Leesburg, Florida ($717,000 in FY19/20 and $532,700 in FY 20/21) funded by the Wastewater Fund. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 1/10/2020 Interim City Manager recommends City Council take the following action: Award the Bid for construction of Water Reclamation Facility Process Improvements to Carr & Collier, Inc. of Leesburg, Florida in the amount of $1,249,700 and authorize Interim City Manager to execute Construction Agreement for same. Approved by Interim City Manager: Todd Morley Date: 1/10/2020 Attachment 1 CITY OF CAPE CANAVERAL Request for Bids WATER RECLAMATION FACILITY PROCESS IMPROVEMENTS BID #2019-07 City of Cape Canaveral City Hall Conference Room A 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday December 17, 2019 2:05 P.M. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M. Others present: Jeremy Becker, Carr& Collier Inc. Loren Vargas, Intercounty Engineering, Inc. Jamie Clement, Florida Design Contractors, Inc. Chris Sullivan, Florida Design Contractors, Inc. Geoff Schmidt, Lawrence Lee Construction Services, Inc. Michael McCarty, TLC Diversified, Inc. Lori Keller, Petticoat-Schmitt Civil Contractors, Inc. Daniel LeFever, Deputy City Clerk Mr. Ratliff proceeded to open the bids received and announced the results: BID #2019-07 - WATER RECLAMATION FACILITY PROCESS IMPROVEMENTS: Firm Location Bid Amount Odyssey Manufacturing Company Tampa, FL $1,389,000 Intercounty Engineering, Inc. Pompano Beach, FL $1,497,087 Petticoat-Schmitt Civil Contractors, Inc. Jacksonville, FL $1,539,000 TLC Diversified, Inc. Palmetto, FL $1,441,000 Carr &Collier Inc. Leesburg, FL $1,249,700 Lawrence Lee Construction Services, Inc. Stuart, FL $1,349,700 Florida Design Contractors, Inc. West Palm Beach, FL $1,476,000 Mr. Ratliff stated the Bids would be reviewed and adjourned the meeting at 2:10 P.M. Daniel LeFever, Deputy City Clerk Attachment 2 City of Cape Canaveral WRF Process Improvements SECTION 00 50 00 CONSTRUCTION AGREEMENT This Agreement made this day of January, 2020 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and Carr & Collier, Inc., a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for Water Reclamation Facility (WRF) Process Improvements as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully incorporated by this reference ("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by Tetra Tech dated July 2019, Bid #2019-07; Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY; and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions; or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY. When the material, article or equipment is designated by a brand name and more than one brand name is listed, it will be understood CONSTRUCTION AGREEMENT 00 50 00 - 1 City of Cape Canaveral WRF Process Improvements that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the issuance of a written Notice to Proceed and shall complete the Work (substantial completion) within calendar days. The CONTRACTOR shall complete the Work (final completion) within calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of one million, two hundred forty-nine thousand and seven hundred dollars and no cents ($1,249,700). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. However, owner direct purchase (ODP) procedures apply for selected material expenditures. 8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be CONSTRUCTION AGREEMENT 00 50 00 - 2 City of Cape Canaveral WRF Process Improvements remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable CONSTRUCTION AGREEMENT 00 50 00 - 3 City of Cape Canaveral WRF Process Improvements 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term "50% completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50% completion, the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. CONSTRUCTION AGREEMENT 00 50 00 - 4 City of Cape Canaveral WRF Process Improvements By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; c. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. CONSTRUCTION AGREEMENT 00 50 00 - 5 City of Cape Canaveral WRF Process Improvements 14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. CONSTRUCTION AGREEMENT 00 50 00 - 6 City of Cape Canaveral WRF Process Improvements c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non- performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. CONSTRUCTION AGREEMENT 00 50 00 - 7 City of Cape Canaveral WRF Process Improvements 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's CONSTRUCTION AGREEMENT 00 50 00 - 8 City of Cape Canaveral WRF Process Improvements Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and CONSTRUCTION AGREEMENT 00 50 00 - 9 City of Cape Canaveral WRF Process Improvements the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the City Clerk, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONSTRUCTION AGREEMENT 00 50 00 - 10 City of Cape Canaveral WRF Process Improvements CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement, the court may assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. CONSTRUCTION AGREEMENT 00 50 00 - 11 City of Cape Canaveral WRF Process Improvements 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral Todd Morley, Interim City Manager 100 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1248 Fax: Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSTRUCTION AGREEMENT 00 50 00 - 12 City of Cape Canaveral WRF Process Improvements CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: Attest: By: Mia Goforth, City Clerk CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, Interim City Manager Date CONSTRUCTION AGREEMENT 00 50 00 - 13 City of Cape Canaveral City Council Meeting - January 21, 2020 Agenda Item Summary Item No. 3 Subject: Award the Bid for replacement of Force Main No. 7 to T B Landmark Construction, Inc. in the amount of $293,031 and authorize Interim City Manager to execute Construction Agreement for same. Department: Capital Projects Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a bid for replacement of Force Main No. 7 (FM-7), located along Thurm Boulevard from Lift Station No. 7 (LS-7) to the Water Reclamation Facility (WRF). T B Landmark Construction, Inc. (TBL) of Jacksonville, Florida submitted the lowest bid ($293,031). Project Description: FM-7 is located adjacent to Manatee Sanctuary Park in the Thurm Boulevard right-of-way from LS-7 to the WRF — a distance of approximately 1,000 feet. During the replacement of LS-7 in 2017, it was determined that FM-7 was in need of replacement due to the deteriorating condition of 10-inch diameter pipe. Therefore, Staff prepared a bid package that requested costs for (1) upsizing the force main pipe to 12-inch diameter to accommodate future development, (2) installing plastic pipe to replace the existing cast iron pipe, (3) connecting the new pipe to LS-7 and the main force main entering the WRF and (4) utilizing directional drilling techniques for pipe installation to limit disruption/access to Manatee Sanctuary Park. This is the first of eight infrastructure improvement projects to be completed under the City's newest SRF Loan Agreement (Number 05053). Firm Selection Process: Staff advertised the bid on December 5, 2019 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included which stated the Contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A pre -bid meeting was not held for the project; potential bidders were encouraged to visit the project construction area. Two contractors submitted sealed bids for the Project which were publicly opened in City Hall Conference Room A on December 31, 2019 (Attachment 1). Upon review of the submitted bids, Staff and the City's consultant recommend the bid be awarded to TBL with a bid amount of $293,031. TBL is the directional drilling contractor that installed a replacement Force Main No. 3 for the City in 2017. A proposed Construction Agreement with TBL is included as Attachment 2. Submitting Department Director: Jeff Ratliff Date: 1/10/2020 Attachments: #1 — December 31, 2019 Bid Opening Minutes #2 - Construction Agreement Financial Impact: $293,031 for replacement of FM-7 awarded to T B Landmark Construction, Inc. funded by the SRF Loan. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 1/10/2020 City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. 3 Page 2 of 2 Interim City Manager recommends City Council take the following action: Award the Bid for replacement of FM-7 to T B Landmark Construction, Inc. in the amount of $293,031 and authorize Interim City Manager to execute Construction Agreement for same. Approved by Interim City Manager: Todd Morley Date: 1/9/2020 Attachment 1 CITY OF CAPE CANAVERAL Request for Bids THURM BLVD. FORCE MAIN REPLACEMENT BID #2019-03 City of Cape Canaveral City Hall Conference Room A 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Tuesday December 31, 2019 2:05 P.M. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M. Others present: Lisa Day, Executive Assistant— City Manager's Office Mr. Ratliff proceeded to open the bids received and announced the results: BID #2019-03 - THURM BLVD. FORCE MAIN REPLACEMENT: Firm Location Bid Amount Atlantic Development of Cocoa Cocoa, FL $307,414 TB Landmark Construction, Inc. Jacksonville, FL $293,031 Mr. Ratliff stated the Bids would be reviewed and adjourned the meeting at 2:08 P.M. Lisa Day, Exectitive sistant City Manager's 0 e Attachment 2 City of Cape Canaveral Thurm Blvd Force Main Replacement SECTION 00 50 00 CONSTRUCTION AGREEMENT This Agreement made this day of January, 2020 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and T B Landmark Construction, Inc., a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for Thurm Boulevard Force Main Replacement Water as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully incorporated by this reference ("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by Bowman Consulting dated November 2019, Bid #2019-03; Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY and Florida Department of Environmental Protection (FDEP); and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions; or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY. When the material, article or equipment is CONSTRUCTION AGREEMENT 00 50 00 - 1 City of Cape Canaveral Thurm Blvd Force Main Replacement designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the issuance of a written Notice to Proceed and shall complete the Work (substantial completion) within calendar days. The CONTRACTOR shall complete the Work (final completion) within calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of two hundred ninety-three thousand, thirty-one dollars and no cents ($293,031). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. However, owner direct purchase (ODP) procedures apply for selected material expenditures. 8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the CITY specifying the default complained of unless, however, the CONSTRUCTION AGREEMENT 00 50 00 - 2 City of Cape Canaveral Thurm Blvd Force Main Replacement nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable CONSTRUCTION AGREEMENT 00 50 00 - 3 City of Cape Canaveral Thurm Blvd Force Main Replacement 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term "50% completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50% completion, the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. CONSTRUCTION AGREEMENT 00 50 00 - 4 City of Cape Canaveral Thurm Blvd Force Main Replacement By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; c. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. CONSTRUCTION AGREEMENT 00 50 00 - 5 City of Cape Canaveral Thurm Blvd Force Main Replacement 14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor. Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. CONSTRUCTION AGREEMENT 00 50 00 - 6 City of Cape Canaveral Thurm Blvd Force Main Replacement c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non- performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. CONSTRUCTION AGREEMENT 00 50 00 - 7 City of Cape Canaveral Thurm Blvd Force Main Replacement 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's CONSTRUCTION AGREEMENT 00 50 00 - 8 City of Cape Canaveral Thurm Blvd Force Main Replacement Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and CONSTRUCTION AGREEMENT 00 50 00 - 9 City of Cape Canaveral Thurm Blvd Force Main Replacement the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the City Clerk, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONSTRUCTION AGREEMENT 00 50 00 - 10 City of Cape Canaveral Thurm Blvd Force Main Replacement CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement, the court may assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. CONSTRUCTION AGREEMENT 00 50 00 - 11 City of Cape Canaveral Thurm Blvd Force Main Replacement 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral Todd Morley, Interim City Manager 100 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1248 Fax: Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSTRUCTION AGREEMENT 00 50 00 - 12 City of Cape Canaveral Thurm Blvd Force Main Replacement CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: Attest: By: Mia Goforth, City Clerk CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, Interim City Manager Date CONSTRUCTION AGREEMENT 00 50 00 - 13 City of Cape Canaveral City Council Meeting - January 21, 2020 Agenda Item Summary Item No. 4 Subject: Ordinance No. 19-2019; amending the City's Site Plan Review Requirements under Chapter 110 — Zoning of the City Code; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading Department: Community Development Summary: The proposed Ordinance creates more specific and relevant criteria applicable to all site plan submittals as follows: The following review criteria shall be applied by the City when making any final decision on whether to approve, deny, or approve with conditions any site plan application: (1) Whether the applicant has demonstrated the proposed site plan, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic -generating characteristics, number of persons anticipated using, residing or working under the plan, and other off -site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed site plan will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (4) Whether the proposed site plan will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed site plan will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed site plan will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the proposed site plan and any related applicable traffic report provided by the applicant, details safe and efficient means of ingress and egress into and out of the site and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the site, and traffic flow through immediate intersections and arterials. (8) Whether the proposed site plan will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. (9) Whether the proposed site plan avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site elements. City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. 4 Page 2 of 3 (70) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. (11) Whether the applicant has provided on the site an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than fifteen thousand (75,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. (72) Whether the applicant has demonstrated that the proposed site plan has been designed to incorporate mitigative techniques to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. (73) If required by the City, whether the applicant has agreed to execute a binding development agreement to incorporate the terms and conditions of approval deemed necessary by the City including, but not limited to, any mitigative techniques and plans required by City Code. Currently, the criteria used to review a proposed site plan are limited to items to determine compliance with technical specifications. The intent behind establishing the recommended criteria is to provide Staff and elected/appointed bodies tools to properly evaluate potential adverse impacts of a proposed development both on and off the site. Additionally, City Code requires a site plan be submitted and reviewed "for all development and redevelopment projects, except single-family, two-family or three-family dwelling units, or alterations thereto, and minor commercial improvements." Further, that all new commercial buildings or structures and new residential structures with four or more dwelling units also be subject to the site plan process. The site plan approval process consists of the following steps (Sec. 110-223): 1. Application submittal; 2. Application forwarded to review departments; 3. If there are any review comments, applicant shall respond; 4. Revised site plan submitted to Planning and Zoning Board for its review and recommendation; and 5. City Manager or designee makes final decision on the application. There have been instances where after the site plan approval has been granted (Step 5 above), an applicant requests a minor technical adjustment to the previously reviewed and approved site plan. Typically, the adjustment has a nominal impact on the overall site layout of the project. However, in these instances, the Code does not provide for a deviation from the approved plan and results in the applicant having to go back through the entire process (Steps 1-5 above). To streamline the site plan approval process and to avoid unnecessary delays for development projects, the attached Ordinance provides for a minor site plan adjustment exception. City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. 4 Page 3 of 3 At its December 4, 2019 meeting, the Planning and Zoning Board recommended Approval of Ordinance No. 19-2019. At its December 17, 2019 meeting, the City Council approved Ordinance No. 20-2019 on first reading. The attached ordinance has been revised to reflect Council direction provided at first reading, notably that a sliding scale of administrative approval authority has been added which reflects the acreage of a property: • For property of one-half acre or less: up to 20 percent • For property greater than one-half acre but not larger than one acre: 15 percent • For property greater than one acre: 10 percent In addition, Staff decisions on proposed minor site plan amendments shall be provided to the Planning & Zoning Board as part of its next agenda packet. The Notice of Hearing was placed for advertisement in Florida Today on January 09, 2020 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 1/14/2020 Attachment: Ordinance No. 19-2019 (revisions indicated by yellow highlights) Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 1/14/2020 Interim City Manager recommends City Council take the following action: Adopt Ordinance No. 19-2019, second reading. Approved by Interim City Manager: Todd Morley Date: 1/14/2020 1 ORDINANCE NO. 19-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE 5 CITY'S SITE PLAN REVIEW REQUIREMENTS UNDER CHAPTER 6 110 - ZONING OF THE CITY CODE; PROVIDING FOR THE REPEAL 7 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 13 law, and has the power to adopt local land development regulations; and 14 15 WHEREAS, under the existing City Code, all development and redevelopment projects, 16 except single-family, two-family or three-family dwelling units, or alterations thereto, and minor 17 commercial improvements, are required to undergo site plan review and approval; and 18 19 WHEREAS, also under the existing City Code, the City's Planning & Zoning Board is 20 required to review proposed site plans related to new commercial buildings or structures and new 21 residential structures with four or more dwelling units; and 22 23 WHEREAS, there have been instances when after Planning & Zoning Board review, an 24 applicant requests very minor technical adjustments to previously reviewed and recommended 25 site plans that have no or a mere nominal impact on the overall site layout of a proposed project, 26 and in such instances, the applicant is currently required to go back to the Planning & Zoning 27 Board for review of the very minor adjustment; and 28 29 WHEREAS, the City Council desires to streamline the site plan approval process, and avoid 30 unnecessary delays in the development permit process, by adopting a minor site plan adjustment 31 exception to the Planning & Zoning Board's review requirement so minor technical adjustments 32 to previously reviewed and recommended site plans are not required to undergo additional review 33 before the Planning & Zoning Board for matters having no or a mere nominal impact; and 34 35 WHEREAS, the City Council also desires to establish more specific and relevant review 36 criteria applicable to the City's site plan decision making process; and 37 38 WHEREAS, the City's Planning & Zoning Board (Land Planning Agency) conducted a 39 public hearing regarding this Ordinance on December 4, 2019 and recommended that the City 40 Council adopt this Ordinance; and 41 42 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 43 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 44 Canaveral. 45 City of Cape Canaveral Ordinance No. 19-2019 Page 1 of 7 1 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE 2 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 3 4 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 5 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 6 Canaveral. 7 8 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District 9 Regulations of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as 10 follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks 11 (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Article VI — Site Plan. 12 It is intended that the text in Chapter 110, Article VI — Site Plan denoted by the asterisks and set 13 forth in this Ordinance shall remain unchanged from the language existing prior to adoption of 14 this Ordinance: 15 16 CHAPTER 110 — ZONING 17 18 * * * 19 ARTICLE VI. — SITE PLANS 20 21 Sec. 110-221. - Submittal and review required. 22 23 (a) Under this chapter, site plan submittal and staff review shall be required for all 24 development and redevelopment projects, except single-family, two-family or three-family 25 dwelling units, or alterations thereto, and minor commercial improvements. Further, site plan 26 submittal and planning and zoning board review is required for the following: 27 28 (1) New commercial buildings or structures. 29 (2) New residential structures with four or more dwelling units. 30 31 (b) Staff review under section 110-223 is also required for minor amendments to a site plan. 32 However, planning and zoning board review under section 110-223 is not required for such minor 33 amendments to a site plan that has been previously reviewed by the planning and zoning board, 34 if during the staff review process it is determined that one of the following limited circumstances 35 exists: 36 37 (1) For property of one-half (1/2) acre or less, the property must have been designed for 38 development and incorporated into a previously reviewed site plan and the minor amendment 39 shall not be decreased, increased or otherwise modified by more than twenty percent (20%) of 40 the existing amount of structure or impervious surface area or residential density previously 41 reviewed or constructed. 42 43 (2) For property greater than one-half (1/2) acre but not greater than one (1) acre, the 44 property must have been designed for development and incorporated into a previously reviewed 45 site plan and the minor amendment shall not be decreased, increased or otherwise modified by City of Cape Canaveral Ordinance No. 19-2019 Page 2of7 1 more than fifteen percent (15%) of the existing amount of structure or impervious surface area or 2 residential density previously reviewed or constructed. 3 4 (3) For property greater than one (1) acre, the property must have been designed for 5 development and incorporated into a previously reviewed site plan and the minor amendment 6 shall not be decreased, increased or otherwise modified by more than ten percent (10%) of the 7 existing amount of structure or impervious surface area or residential density previously reviewed 8 or constructed. 9 10 Staff decisions on proposed minor amendments to site plans shall be in writing and the Planning 11 & Zoning Board shall be provided written notice of such decisions as part of the board's next 12 meeting agenda. 13 14 15 Sec. 110-222. — Requirements and Review Criteria feetuired. 16 17 LaJ Site plan application submittal requirements critcria rcquircd under this chapter shall be 18 as follows: 19 20 (1) Plan drawn to scale by an appropriately licensed design professional, no greater than 21 one inch to 50 feet, on sheets two feet by three feet, showing the following site data: 22 23 a. Size, height, number of units and location of proposed and existing structures and 24 their relationship to property lines, setbacks, easements, streets, etc. 25 b. Dimensions and total gross acreage of the site and percentage devoted to structures 26 and percentage of parking area devoted to landscaping with curbs and water provisions. 27 c. Total number of units proposed; total number and size of on -site parking spaces and 28 loading zones. 29 d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within 30 the site and that no traffic problems are created by the proposed ingress and egress 31 routes. In addition, a traffic report prepared by a traffic engineer shall be submitted to 32 demonstrate compliance with the City's site plan requirements. The traffic report may be 33 waived by the City if the anticipated traffic impact of the proposed project is deemed 34 minor by the City. This traffic report is in addition to any traffic impact study required by 35 Section 86-6(2) of the City Code related to capacity and level of service thresholds for 36 arterial and collector transportation facilities. 37 e. Calculation of density (dwelling units per acre). 38 f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas, 39 swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune 40 crossovers, etc. 41 g. In those site plans which require a subdivision of land, no site plan shall be approved 42 until the city council has given approval to the preliminary plat. 43 h. The type of enclosure for and location of communal -type trash containers 44 (dumpsters). Type of enclosure shall be subject to approval and acceptance of the planning 45 and zoning board. City of Cape Canaveral Ordinance No. 19-2019 Page 3 of 7 1 i. Fire alarm and standpipe data, when required. 2 j. Site vicinity map. 3 k. Location of planned landscaping in compliance with sections 110-566 and 110-567. 4 5 (2) Topographic survey, including the following: 6 7 a. USC and G.S. datum plane. 8 b. Existing and proposed streetlights, water, sewer, paving, storm drains, fire hydrants, 9 sidewalks, etc. 10 c. Lot lines and dimensions of all setbacks, structures and easements. 11 d. Location of established seawall line and information for construction, if required. 12 e. Surveyor's certification. 13 f. Elevations to be given on one -foot intervals. 14 g. Range markers and coastal construction setback line, where required. 15 h. Location and type of existing trees four inches in diameter or larger. 16 17 (3) Engineering data, including the following: 18 19 a. Finished grades for entire parcel, finished elevations for floors, streets, parking lots, 20 sidewalks, ten inches of adjoining property, etc. 21 b. Details, sections and specifications required of all improvements, such as streetlights, 22 water and sewer (structures, pipes, appurtenances), paving and drainage, curbs, storm 23 drainage and sidewalks. 24 c. Engineer's seal required in drawings. 25 d. Engineering storm drainage design calculation and drainage maps. 26 27 (4) Square footage of building for the following: 28 29 a. Living. 30 b. Parking. 31 c. Other. 32 d. Total under roof. 33 34 (5) Drawing notes required as follows: 35 36 a. Sidewalk and sanitary sewers to be constructed to city standards. 37 b. Water lines to conform to City of Cocoa standards. 38 c. Where applicable, fire alarm system to be installed and connected to city fire 39 department standards. 40 41 (6) For mean high water, survey shall be done by procedures established by F.S. § 177.25 42 et seq. 43 44 (7) Proposed applications to amend a previously approved site plan are required to 45 contain such relevant information and amended plans and surveys, as required by this section, City of Cape Canaveral Ordinance No. 19-2019 Page 4 of 7 1 that are deemed necessary by the City to support the amendment. 2 3 4 (b) The following review criteria shall be applied by the City when making any final decision 5 on whether to approve, deny, or approve with conditions any site plan application: 6 7 (1) Whether the applicant has demonstrated the site plan, including its proposed 8 density, height, scale and intensity, hours of operation, building and lighting design, setbacks, 9 buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic- 10 generating characteristics, number of persons anticipated using, residing or working under the 11 plan, and other off -site impacts, is compatible and harmonious with adjacent land uses, and will 12 not adversely impact land use activities in the immediate vicinity. 13 14 (2) Whether the applicant has demonstrated the size and shape of the site, the proposed 15 access and internal circulation, and the design enhancements to be adequate to accommodate 16 the proposed density, scale and intensity of the site plan requested. The site shall be of sufficient 17 size to accommodate design amenities such as screening, buffers, landscaping, open space, off- 18 street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and 19 other similar site plan improvements needed to mitigate against potential adverse impacts of the 20 proposed use. 21 22 (3) Whether the proposed site plan will have an adverse impact on the local economy, 23 including governmental fiscal impact, employment, and property values. 24 25 (4) Whether the proposed site plan will have an adverse impact on the natural 26 environment, including air, water, and noise pollution, vegetation and wildlife, open space, 27 noxious and desirable vegetation, and flood hazards. 28 29 (5) Whether the proposed site will have an adverse impact on historic, scenic, and 30 cultural resources, including views and vistas, and loss or degradation of cultural and historic 31 resources. 32 33 (6) Whether the proposed site will have an adverse impact on public services, including 34 water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, 35 public transportation, marina and waterways, and bicycle and pedestrian facilities. 36 37 (7) Whether the site plan and any related applicable traffic report provided by the 38 applicant, details safe and efficient means of ingress and egress into and out of the neighborhood 39 and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic 40 circulation pattern for the neighborhood, and traffic flow through immediate intersections and 41 arterials. 42 43 (8) Whether the proposed site will have an adverse impact on housing and social 44 conditions, including variety of housing unit types and prices, and neighborhood quality. 45 City of Cape Canaveral Ordinance No. 19-2019 Page 5of7 1 (9) Whether the proposed site avoids significant adverse odor, emission, noise, glare, 2 and vibration impacts on adjacent and surrounding lands regarding refuse collection, service 3 delivery, parking and loading, signs, lighting, and other sire elements. 4 5 (10) Whether the applicant has provided an acceptable security plan for the proposed 6 establishment to be located on the site that addresses the safety and security needs of the 7 establishment and its users and employees and minimizes impacts on the neighborhood, if 8 applicable. 9 10 (11) Whether the applicant has provided on the site an acceptable plan for the mass 11 delivery of merchandise for new large footprint buildings (greater than fifteen thousand (15,000) 12 square feet) including the hours of operation for delivery trucks to come into and exist the 13 property and surrounding neighborhood, if applicable. 14 15 (12) Whether the applicant has demonstrated that the site plan has been designed to 16 incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the 17 criteria stated herein or to adjacent and surrounding uses and properties. 18 19 (13) If required by the City, whether the applicant has agreed to execute a binding 20 development agreement to incorporate the terms and conditions of approval deemed necessary 21 by the City including, but not limited to, any mitigative techniques and plans required by City 22 Code. 23 24 * * * 25 26 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 27 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 28 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 29 30 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 31 Canaveral City Code and any section or paragraph, number or letter and any heading may be 32 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 33 like errors may be corrected and additions, alterations, and omissions, not affecting the 34 construction or meaning of this Ordinance and the City Code may be freely made. 35 36 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 37 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 38 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 39 be deemed a separate, distinct and independent provision, and such holding shall not affect the 40 validity of the remaining portions of this Ordinance. 41 42 Section 6. Effective Date. This Ordinance shall become effective immediately upon 43 adoption by the City Council of the City of Cape Canaveral, Florida. 44 45 City of Cape Canaveral Ordinance No. 19-2019 Page 6of7 1 2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21' day of January, 2020. 3 4 5 6 Bob Hoog, Mayor 7 8 9 10 ATTEST: For Against 11 12 Mike Brown 13 14 Mia Goforth, CMC Robert Hoog 15 City Clerk 16 Mickie Kellum 17 18 Wes Morrison 19 20 Angela Raymond 21 22 23 First Reading: December 19, 2019 24 Advertisement: January 9, 2020 25 Second Reading: January 21, 2020 26 27 28 Approved as to legal form and sufficiency 29 for the City of Cape Canaveral only by: 30 31 32 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 19-2019 Page 7 of 7 City of Cape Canaveral City Council Meeting - January 21, 2020 Agenda Item Summary Item No. 5 Subject: Ordinance No. 20-2019; amending the City Code Chapter 110 — Zoning regarding tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, second reading. Department: Community Development Summary: At the October 15, 2019 Council meeting, members of the audience addressed the Council regarding the current zoning limitation placed on tattoo shops. Currently, the City Code limits tattoo and body piercing establishments to the M-1 zoning district. It was the position of the speakers that this restriction limits the viability of these businesses and represents a possible violation of First Amendment rights. With respect to the First Amendment violation, there have been several recent legal challenges (one in the Eleventh Circuit Court of Florida) that speak to this. In Buehrle v. City of Key West, the City banned tattoo establishments from its historic districts to protect these areas from deterioration. However, the City did not demonstrate that the ban served a significant public interest. Also, in Anderson v. City of Hermosa Beach, the United States Court of Appeal, Ninth Circuit, concluded "in sum, we hold that the tattoo itself, the process of tattooing, and the business of tattooing are forms of pure expression fully protected by the First Amendment." In general, tattooing is a "safe procedure if performed under appropriate sterilized conditions." Yurkew, 495 F.Supp. at 1252. According to the Centers for Disease Control and Prevention, "[T]attoo artists protect themselves and their clients when following safe and healthy practices," including "using sterile needles and razors, washing hands, wearing gloves, and keeping surfaces clean." See Centers for Disease Control and Prevention, Body Art: Tattoos and Piercings (Jan. 21, 2008). Florida Administrative Code, Chapter 64E spells out operational requirements that all tattoo establishments must follow. In addition, Florida Statutes requires anyone seeking licensure to successfully complete an educational course on blood -borne pathogens and communicable diseases. Compliance is monitored through regular inspections of tattoo establishments by the Florida Department of Health. However, it is recognized that the City can establish reasonable time, place and manner restrictions on tattoo and piercing establishments. See Ward v. Rock Against Racism (1989) and United States v. O'Brien (1968). These include regulations dealings with such things as taxes, health regulations, or nuisance ordinances. To that end, the proposed ordinance provides that tattoo and body -piercing establishments be permitted uses in the City's C-1, C-2 and M-1 zoning districts. The establishments must be located within a building that fronts State Road A1A or the west side of N. Atlantic Avenue south of Church Lane. In addition, the establishment shall not be located within 100 feet of any pre-existing residential use or property designated residential on the City's future land use or zoning maps. At its December 4, 2019 meeting, the Planning and Zoning Board recommended Approval of Ordinance No. 20-2019. At its December 17, 2019 meeting, the City Council approved Ordinance No. 20-2019 on first reading. Note the attached ordinance has been revised to reflect Council direction provided at first reading regarding the allowance of these establishments in the M-1 zoning district. City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. 5 Page 2 of 2 The Notice of Hearing was placed for advertisement in Florida Today on January 9, 2020 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 1/14/2020 Attachment: Ordinance No. 20-2019 (Revised) Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 1/10/2020 Interim City Manager recommends City Council take the following action: Adopt Ordinance No. 20-2019 upon second reading. Approved by Interim City Manager: Todd Morley Date: 1/9/2020 1 ORDINANCE NO. 20-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE 5 CITY CODE CHAPTER 110 — ZONING REGARDING TATTOO 6 ESTABLISHMENTS AND BODY PIERCING SALONS REQUIRED TO 7 BE LICENSED UNDER CHAPTER 381, FLORIDA STATUTES; 8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 10 CODE, SEVERABILITY, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 14 law, and the City's inherent police power to establish zoning regulations within the jurisdictional 15 limits of the City of Cape Canaveral; and 16 WHEREAS, the City Council recognizes that tattooing is a form of expressive activity 17 afforded First Amendment protection. Buehrle v. City of Key West, 813 F.3d 973 (11th Cir. 2015) 18 (City failed to meet its burden of demonstrating that its ban on tattoo establishments in historic 19 district served its alleged significant governmental interest of protecting historic district from 20 deterioration, and thus ordinance was not narrowly tailored to serve a significant governmental 21 interest); See also, Anderson v. City of Hermosa Beach, 621 F.3d 1051 (9th Cir. 2010)( holding that 22 the City's total ban on tattoo parlors was not a reasonable 'time, place, or manner' restriction 23 because it is substantially broader than necessary to achieve the City's significant health and safety 24 interests and because it entirely forecloses a unique and important method of expression); and 25 WHEREAS, the City Council also recognizes that the City may impose reasonable time, 26 place, and manner restrictions on tattooing establishments and body piercing salons, See Ward 27 v. Rock Against Racism, 491 U.S. 781, 791 (1989); United States v. O'Brien, 391 U.S. 367, 377 (1968) 28 including, but not limited to, generally applicable laws such as taxes, health regulations, or 29 nuisance ordinances; and 30 WHEREAS, due to modern trends in siting and recent demand expressed to the City 31 Council, for safe and licensed tattoo establishments and body piercing salons required to be 32 licensed under Chapter 381, Florida Statutes within the City, the City Council finds it to be in the 33 City's best interest to provide for additional limited commercial locations for licensed tattoo 34 establishments and body piercing salons pursuant to the requirements set forth in this Ordinance; 35 and City of Cape Canaveral Ordinance No. 20-2019 Page 1 of 5 1 WHEREAS, the City Council also recognizes that the City is currently undergoing a 2 comprehensive rezoning study and project that will maintain and preserve certain portions of the 3 C-1 Zoning District for commercial related uses (especially along the State Road A1A corridor) and 4 also address numerous preexisting residential uses located within current C-1 Zoning areas that 5 will likely be rezoned residential for purposes of making said residential uses conforming, and 6 therefore, there is a substantial government interest within City of Cape Canaveral to ensure that 7 any future tattoo establishments and body piercing salons within the C-1 Zoning District, as a 8 commercial use, be located within a commercial building located adjacent to and fronting the 9 commercial corridor State Road A1A and not within 100 feet of preexisting residential uses; and 10 WHEREAS, the City's Land Planning Agency conducted a public hearing to consider this 11 Ordinance on December 4, 2019, and after receiving testimony and evidence and deliberating 12 about the merits of the Ordinance, recommend that the City Council adopt the Ordinance; and 13 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 14 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of 15 Cape Canaveral. 16 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE 17 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 18 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as 19 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. 20 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, 21 Florida, is hereby amended as follows: (underlined type indicates additions to the City Code and 22 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of 23 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks 24 and set forth in this Ordinance shall remain unchanged from the language existing prior to 25 adoption of this Ordinance): 26 27 28 29 ARTICLE VII. — DISTRICTS 30 CHAPTER 110 — ZONING *** 31 DIVISION 5. - C-1 LOW DENSITY COMMERCIAL DISTRICT 32 Sec. 110-331. - Intent; applicability. 33 (a) The requirements for the C-1 low density commercial district are intended to apply to an 34 area adjacent to major arterial streets and convenient to major residential areas. The types of uses City of Cape Canaveral Ordinance No. 20-2019 Page 2 of 5 1 permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well 2 as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce 3 conflict with adjacent residential uses and to minimize the interruption of traffic along 4 thoroughfares. 5 (b) The provisions of this division shall apply to all property designated as C-1 low density 6 commercial on the city's official zoning map. Further, those properties zoned C-1 that are located 7 within the boundaries of the A1A Economic Opportunity Overlay District, established pursuant to 8 article X of this chapter, shall be subject to the guidelines and standards of that article. 9 Sec. 110-332. - Principal uses and structures. 10 In the C-1 low density commercial district, the following uses and structures are permitted: 11 *** 12 20. Tattoo establishments and body piercing salons required to be licensed under Chapter 13 381, Florida Statutes, provided however, the establishment or salon must be located within a 14 building adjacent and fronting State Road A1A (Astronaut Blvd.) or the west side of N. Atlantic 15 Avenue south of Church Lane and no such establishment or salon shall be permitted to locate 16 within 100 feet of any property with a pre-existing residential use or designated residential on the 17 city's comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be 18 measured by following a straight line, without regard to intervening structures, from the building 19 or portion thereof in which the establishment or salon is occupying to the nearest boundary of 20 the residential property. 21 *** 22 DIVISION 6. - C-2 COMMERCIAL/MANUFACTURING DISTRICT 23 *** 24 Sec. 110-340. - Intent; applicability. 25 (a) The requirements for the C-2 commercial/manufacturing district are intended to apply to 26 an area adjacent to major arterial streets, located adjacent to existing commercial or 27 manufacturing uses and convenient to major residential areas. This district would be associated 28 with a mix of low density commercial and light industrial. The types of uses permitted are intended 29 to serve employment and consumer needs of nearby residential neighborhoods, as well as the 30 commercial needs of the motorist. All principal uses permitted in this zone shall be contained in 31 an enclosed structure. 32 (b) The provisions of this division shall apply to all property designated as C-2 33 commercial/manufacturing on the city's official zoning map. Further, those properties zoned C-2 34 that are located within the boundaries of the A1A Economic Opportunity Overlay District, City of Cape Canaveral Ordinance No. 20-2019 Page 3 of 5 1 established pursuant to article X of this chapter, shall be subject to the guidelines and standards 2 of that article. 3 Sec. 110-341. - Principal uses and structures. 4 In the C-2 commercial/manufacturing district, the following uses and structures are permitted: 5 *** 6 25. Tattoo establishments and body piercing salons required to be licensed under Chapter 7 381, Florida Statutes, provided however, the establishment or salon must be located within a 8 building adjacent and fronting State Road A1A (Astronaut Blvd.), and no such establishment or 9 salon shall be permitted to locate within 100 feet of any property with a pre-existing residential 10 use or designated residential on the city's comprehensive plan future land use map and/or official 11 zoning map. Said 100 feet shall be measured by following a straight line, without regard to 12 intervening structures, from the building or portion thereof in which the establishment or salon is 13 occupying to the nearest boundary of the residential property. 14 *** 15 16 DIVISION 7. — M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT 17 18 *** 19 20 Sec. 110-352. - Principal uses and structures. 21 22 In the M-1 light industrial and research and development district, the following uses and structures 23 are permitted, provided any use or group of uses that are developed, either separately or, if 24 developed as a unit with certain site improvements, shared in common, meet requirements of 25 article IX of this chapter: 26 27 *** 28 11. Tattoo establishments and body piercing salons required to be licensed under Chapter 29 381, Florida Statutes, provided however, no such establishment or salon shall be permitted to 30 locate on property adjacent to N. Atlantic Avenue or within a building located within 100 feet of 31 any property with a pre-existing residential use or designated residential on the city's 32 comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be 33 measured by following a straight line, without regard to intervening structures, from the boundary 34 of the property or building or portion thereof, as applicable, on which the establishment or salon 35 is occupying to the nearest boundary of the residential property. Tattoo establishments and 36 those body picrcing establishments required to bc licensed under F.S. § 381.0075, provided 37 however, no such establishment shall bc permitted to locate within 100 feet of any prc existing 38 residential use or any property designated residential on the city's comprehensive plan future land 39 use map and/or official zoning map. City of Cape Canaveral Ordinance No. 20-2019 Page 4 of 5 1 2 *** 3 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 5 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 6 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 7 8 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 9 Canaveral City Code and any section or paragraph, number or letter and any heading may be 10 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 11 like errors may be corrected and additions, alterations, and omissions, not affecting the 12 construction or meaning of this Ordinance and the City Code may be freely made. 13 14 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision 15 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 16 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 17 a separate, distinct and independent provision, and such holding shall not affect the validity of 18 the remaining portions of this Ordinance. 19 20 Section 6. Effective Date. This Ordinance shall become effective immediately upon 21 adoption. 22 23 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21' day of January, 2020. 24 25 26 Bob Hoog, Mayor 27 28 ATTEST: For Against 29 30 Mike Brown 31 32 Mia Goforth, CMC Robert Hoog 33 City Clerk 34 Mickie Kellum 35 First Reading: December 17, 2019 36 Advertisement: January 9, 2020 Wes Morrison 37 Second Reading: January 21, 2020 38 Angela Raymond 39 Approved as to legal form and sufficiency 40 for the City of Cape Canaveral only by: 41 42 43 Anthony A. Garganese, City Attorney 44 City of Cape Canaveral Ordinance No. 20-2019 Page 5 of 5 City of Cape Canaveral City Council Meeting - January 21, 2020 Agenda Item Summary Item No. 6 Subject: Ordinance No. 01-2020; amending the City Code to establish locational, design and operational requirements for self-service storage facilities within the City; adopting conforming amendments to the Zoning Code including revising definitions and existing storage regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community Development Summary: Mr. Ronald Abeles, the applicant and managing member of the Limited Liability Company that owns property located at 190 Center Street, desires to construct a self -storage facility on the property; however, this type of use is not allowed on the property as it is zoned C-2 and self - storage is only allowed in the M-1 zoning. Therefore, the request is to revise the C-2 zoning district to allow self -storage as a special exception. As defined in City Code Section 110-1, mini -storage is "the renting of storage space which is utilized for the incidental storage of personal effects, which space shall not exceed 280 square feet of net floor area. When used for such a purpose, such property may not be used in combination with any other use, with the exception of storage garage." The C-2 district is "associated with a mix of low density commercial and light industrial. The types of uses permitted are to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure." Allowed uses include craft distilleries, veterinary hospitals, new and used auto sales and service, car washes and vocational and trade schools. As indicated by the City Zoning Map (Attachment 1), there are two C-2 districts in the City. One located on and around Center Street, west of N. Atlantic Avenue, while the other is located on the east side of Astronaut Boulevard, centered on W. Central Boulevard. Should the proposed ordinance be adopted, mini -storage would be permitted as a special exception in these two areas. The City currently has a number of mini -storage facilities to include several locations on Imperial Boulevard, one located at 8550 Astronaut Boulevard and at the intersection of Central Boulevard and N. Atlantic Avenue. The existing inventory of mini -storage is generally older with very little aesthetic appeal. A number of these facilities are located in C-1 and C-2 zoning districts, which means that they are nonconforming and therefore subject to restrictions contained in Code Sec. 110-195. These restrictions effectively eliminate the opportunity for redevelopment of the nonconforming mini -warehouse facilities. The proposed ordinance removes these impediments and facilitates the redevelopment of the nonconforming facilities within the C-2 district. Adoption of the ordinance would revise/establish locational, design and operational requirements for these facilities (see Sec. 110-459 of Attachment 2). Also, a new definition of "self-service storage facilities" is proposed (Sec. 110-1) as well as a number of conforming amendments throughout Articles IX and X of the Zoning Code. City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. Page 2 of 4 The following minimum design standards shall apply to the construction of new self-service storage facilities or, to the maximum extent feasible, shall be applied to the expansion or redevelopment of existing self -storage facilities. The minimum standards shall be in addition to other applicable design standards (e.g., EOOD): (1) Storage facilities are permitted only in multi -story structures designed to emulate office buildings compatible and in harmony with applicable aesthetic standards including the Economic Opportunity Overlay District standards. (2) Storage facilities shall be designed to ensure that access to the individual storage units shall only be gained from the interior of the building(s). Individual storage units shall not exceed 300 square feet of net floor area. (3) The main office entrance of the storage facility for design purposes shall be located at ground level and oriented towards the street side. The main office entrance foyer shall contain a minimum interior space dimension of at least 10 feet in height and 500 square feet in size. This space shall be used as the main entrance foyer for customers even if the majority of customers using the facility enter through loading docks, bays, doors or other entrances. However, up to 25% of this space may also be used for storage supply sales and office use to support the rental of the storage units. (4) If the storage facility abuts a residentially zoned property or existing residential development, the facility loading bays, entrances, docks or doors shall not be located on any side abutting the residentially zoned property or residential development and shall not be visible from said residential property. (5) Loading bays, docks, entrances to individual storage units or bays may not be located on a street facing side of a building. (6) Storage facility access shall be secured such that access to the individual storage units shall only be gained after entering the building through a secured access point. Fences and walls including entry gates shall be constructed of high quality materials and shall be compatible and in harmony with the design and materials of the facilities and site. Decorative metal or wrought iron fences are preferred. Chain -link or similar fences, barbed wire or razor wire fences and walls made of precast concrete are prohibited. Fences or walls are not allowed between the main or front building on the site and the street. (7) Storage facility buildings shall be surfaced in high quality materials compatible and in harmony with the site. Unfaced concrete block, painted masonry, tilt -up and pre -cast concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are not allowed. (8) Exterior colors, including any internal corridors or doors visible through windows, shall be muted tones. (9) The facade of the storage facility building shall have exterior vertical surfaces covered by a material or combination of materials such as decorative brick veneer, stone, stucco, textured block or similar decorative materials. All materials shall be of high quality. (10) Storage facility buildings shall be clad with a mix of durable, low maintenance materials that convey the appearance of high quality. Upon final compatibility and harmony approval by the Community Appearance Board, allowed cladding materials shall include high grade metal composite materials with a factory -applied finish, brick, brick veneer, stone, simulated stone, stucco, cement fiberboard, and concrete masonry units with integrated color, City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. Page 3 of 4 provided the outer surface is either split face or ground faced, or a combination of the two. Prohibited cladding materials include unbacked, non -composite sheet metal products (e.g., standing -seam metal or flat panels that can be easily dented), smooth faced concrete masonry units that are painted or unfinished, board or batten siding, plastic or vinyl siding or unfinished wood. (11) Storage facility buildings resembling long, traditional warehouse buildings are prohibited. (12) Streetscape landscaping required by the City Code shall not be fenced. (13) Electrical service to the storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of secure design that will not allow the tapping of fixtures for other purposes. (14) The minimum lot size shall be not less than one and one-half (1.5) acres. Operational Requirements. The following minimum operational standards shall apply to self- service storage facilities and tenants of individual storage units: (1) Individual storage units shall not be used for activities such as residences, offices, workshops, studios, or hobby or rehearsal areas. Further, storage units shall not be used for manufacturing, fabrication or processing of goods, services or repair of vehicles, engines, appliances or other equipment, or any other industrial activity whatsoever. In addition, storage units shall not be used for commercial activity or places of business of any kind including, but not limited to, retail sales, garage or estate sales, or auctions. (2) Storage of flammable, explosive, perishable or hazardous materials within individual storage units and on site is prohibited. (3) The storage of gasoline powered motor vehicles within an individual storage unit is prohibited. (4) Keeping of animals is prohibited. (5) Storage facilities shall not operate or allow tenant access between the hours of 10:00 p.m. and 6:00 a.m. (6) All goods and property shall be stored in an enclosed building. Outdoor storage of goods and property shall be prohibited. (7) Temporary storage units or shipping containers are prohibited on the property except as provided under Section 82-400 of the City Code. (8) Storage facilities shall have security access control to buildings and individual storage units and enhanced electronic video surveillance of the property. (9) Rental agreements shall provide tenants with written notice of the minimum operational standards set forth in this section and any other conditions imposed by the City. At its August 21, 2019 meeting, the Planning and Zoning Board recommended approval of Ordinance No. 01-2020. Submitting Department Director: David Dickey Date: 1/14/2020 Attachments: 1 — City Zoning Map 2 — Ordinance No. 01-2020 City of Cape Canaveral City Council Meeting — January 21, 2020 Agenda Item No. Page 4 of 4 Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo X Date: 1/14/2020 Interim City Manager recommends City Council take the following action: Approve Ordinance No. 01-2020, first reading. Approved by Interim City Manager: Todd Morley Date: 1/14/2020 Attachment 1 City of Cape Canaveral Zoning Map MILLER LEG L�2!_3-:9 ._—•"1fuk m,!{ai,9F 1R.111011a r ima IN ui~r�Aa Ou ®r+.11. Legend ZONING - C1 C2 M1 R1 R2 R3 N W+E S STREET LEGEND A Clara Elizabeth Lane B Maple Court C Palm Way D Croton Court E Oleander Court F Coquina Lane G Camelia Court H Jasmine Court I Honeysuckle Way J Intrepid Way K Aquarius Way L Tranquility Way M Shuttle Way N Falcon Way O Coconut Way TROPIC BEACH,R,- BEACH __PARK `HIA OH City of Cape Canaveral Zoning Map Map Prepared by Miller Legg & Associates, Inc. July 02 2008 Data Source: Brevard County Property Appraiser Office. City of Cape Canaveral, Brevard County Government. Miles 0 0.050.1 0.2 0.3 0.4 0.5 V:\Prgetls\2004\04-00170 General Planning Svcs \GI Maps Juy2008\CC Zoning_July2008 Attachment 2 1 ORDINANCE NO. 01-2020 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE 5 CITY CODE TO ESTABLISH LOCATIONAL, DESIGN AND 6 OPERATIONAL REQUIREMENTS FOR SELF-SERVICE STORAGE 7 FACILITIES WITHIN THE CITY; ADOPTING CONFORMING 8 AMENDMENTS TO THE ZONING CODE INCLUDING REVISING 9 DEFINITIONS AND EXISTING STORAGE REGULATIONS; 10 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 11 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 12 CODE, SEVERABILITY, AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 15 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 16 law, and the City's inherent police power to establish zoning regulations within the jurisdictional 17 limits of the City of Cape Canaveral; and 18 WHEREAS, due to modern trends in siting and tenant demand, for high quality climate 19 controlled self -storage units for dead storage of goods and property within the City, the City 20 Council finds it to be in the City's best interest to provide for the future consideration of additional 21 limited locations for self-service storage facilities pursuant to the siting, design and operational 22 requirements set forth in this Ordinance; and 23 WHEREAS, the City's Land Planning Agency conducted a public hearing to consider this 24 Ordinance on August 21, 2019, and after receiving testimony and evidence and deliberating about 25 the merits of the Ordinance, recommend that the City Council adopt the Ordinance; and 26 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 27 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of 28 Cape Canaveral. 29 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE 30 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 31 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as 32 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. 33 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, 34 Florida, is hereby amended as follows: (underlined type indicates additions to the City Code and 35 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of City of Cape Canaveral Ordinance No. 01-2020 Page 1 of 7 1 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks 2 and set forth in this Ordinance shall remain unchanged from the language existing prior to 3 adoption of this Ordinance): 4 CHAPTER 110 — ZONING 5 ARTICLE I. — IN GENERAL 6 Sec. 110-1. — Definitions. 7 Garage, storage means a building or portion of a building thereof designed or used exclusively 8 for thc storage or parking of automobiles. Service othcr than storage at such storage garage 9 shall be limited to lubrication, washing, waxing and polishing. When used for such a purpose, 10 such property may not be used in combination with any othcr use, with thc exception of mini 11 storage. 12 MiniSelf-Service Storage Facilities means an establishment containing separate the renting of 13 storage spaces that are leased or rented to customers as individual units. The term is synonymous 14 with mini -warehouses, mini -storage, self -storage facilities and self -storage warehouse. which is 15 utilized for the incidental storage of personal effects, which space shall not exceed 280 square 16 feet of net floor area. When used for such a purpose, such property may not be used in 17 combination with any other use, with the exception of storage garage. 18 19 20 ARTICLE VII. — DISTRICTS 21 *** *** 22 DIVISION 6. - C-2 COMMERCIAL/MANUFACTURING DISTRICT 23 *** 24 Sec 110-343. — Special exceptions permissible by the board of adjustment. 25 (a) Special exceptions may be permitted for the following: 26 *** 27 28 (3) Self -Service Storage Facilities, subject to the requirements of section 110-459 of this 29 Code. 30 31 * * * 32 DIVISION 7. — M1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT City of Cape Canaveral Ordinance No. 01-2020 Page 2 of 7 1 Sec. 110-352. - Principal uses and structures. 2 In the M-1 light industrial and research and development district, the following uses and 3 structures are permitted, provided any use or group of uses that are developed, either 4 separately or, if developed as a unit with certain site improvements, shared in common, meet 5 requirements of article IX of this chapter: 6 7 8 9 10 11 12 (4) Ministorage and storage garages. Self -Service Storage Facility, subject to the requirements of section 110-459 of this Code. 13 ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS 14 *** 15 Sec. 110-459. —Self-Service Storage Facilities. Mini_ warchouselper-s naI „rty storag„ 16 facracii des. 17 (a) Storage buildings shall be subdivided by permanent partitions into spaces containing not more 18 than 300 square feet each. (b) Storage of goods shall be limited to personal property with no retail 19 sales, service establishments, offices, apartments (other than manager's office and apartment), 20 commercial distribution or warehousing allowed. (c) The minimum lot size shall be not Tess than 21 two acres. (d) If the facilities arc lighted, lighting shall be dcsigncd' nd ;"stall d s t prcnt 22 glare or excessive Tight on adjacent property. No source of illumination shall be allowed if such 23 source of illumination would be visible from a residentially zoned district to the extent that it 24 interferes with the residential use of that area. (e) Minimum yard requirements: (i) Front 30 feet. 25 (ii) Side and rear Zcro feet if adjacent to a commercial district; 15 feet side yard and ten feet rear 26 yard if adjacent to residential district. (f) Perimeter Landscaping adjacent to streets: All vehicular 27 use areas (VUAs) which are not entirely screened by an intervening building from any abutting 28 dedicated public street, to the extent such areas are not so screened, shall contain the following: 29 (i) A landscaped area of not Tess than 20 square feet for each linear foot of vehicular use area 30 (VUA) street frontage; (ii) No Ief than one tree, of four inch caliper or greater, located within 25 31 feet of the street right of way, for each 25 linear feet, or fraction thereof, of VUA street frontage. 32 The intent and purpose of this Section is to provide minimum design and operational 33 requirements for self -storage facilities located within the City. 34 (a) Design Standards. After [EFFECTIVE DATE OF ORDINANCE], the following minimum 35 design shall apply to the construction of new self-service storage facilities or, to the maximum 36 extent feasible, the expansion or redevelopment of existing self -storage facilities. Such minimum City of Cape Canaveral Ordinance No. 01-2020 Page 3 of 7 1 standards shall be in addition to other applicable design standards (e.g., EOOD, aesthetic review 2 process): 3 (1) Storage facilities are permitted only in multi -story structures designed to emulate office 4 buildings compatible and in harmony with applicable aesthetic standards including the 5 Economic Opportunity Overlay District standards. 6 (2) Storage facilities shall be designed to ensure that access to the individual storage units 7 shall only be gained from the interior of the building(s). Individual storage units shall not 8 exceed 300 square feet of net floor area. 9 (3) The main office entrance of the storage facility for design purposes shall be located at 10 ground level and oriented towards the street side. The main office entrance foyer shall contain 11 a minimum interior space dimension of at least 10 feet in height and 500 square feet in size. 12 This space shall be used as the main entrance foyer for customers even if the majority of 13 customers using the facility enter through loading docks, bays, doors or other entrances. 14 However, up to 25% of this space may also be used for storage supply sales and office use to 15 support the rental of the storage units. 16 (4) If the storage facility abuts a residentially zoned property or existing residential 17 development, the facility loading bays, entrances, docks or doors shall not be located on any 18 side abutting the residentially zoned property or residential development and shall not be 19 visible from said residential property. 20 (5) Loading bays, docks, entrances to individual storage units or bays may not be located on 21 a street facing side of a building. 22 (6) Storage facility access shall be secured such that access to the individual storage units shall 23 only be gained after entering the building through a secured access point. Fences and walls 24 including entry gates shall be constructed of high quality materials and shall be compatible 25 and in harmony with the design and materials of the facilities and site. Decorative metal or 26 wrought iron fences are preferred. Chain -link or similar fences, barbed wire or razor wire 27 fences and walls made of precast concrete are prohibited. Fences or walls are not allowed 28 between the main or front building on the site and the street. 29 (7) Storage facility buildings shall be surfaced in high quality materials compatible and in 30 harmony with the site. Unfaced concrete block, painted masonry, tilt -up and pre -cast concrete 31 panels and prefabricated metal sheets are prohibited. Prefabricated buildings are not allowed. 32 (8) Exterior colors, including any internal corridors or doors visible through windows, shall be 33 muted tones. 34 (9) The facade of the storage facility building shall have exterior vertical surfaces covered by a 35 material or combination of materials such as decorative brick, stone, stucco, textured block City of Cape Canaveral Ordinance No. 01-2020 Page 4 of 7 1 or similar decorative materials. All materials shall be of high quality. 2 3 (10) Storage facility buildings shall be clad with a mix of durable, low maintenance materials 4 that convey the appearance of high quality. Upon final compatibility and harmony approval 5 by the Community Appearance Board, allowed cladding materials shall include high grade 6 metal composite materials with a factory -applied finish, brick, brick veneer, stone, simulated 7 stone, stucco, cement fiberboard, and concrete masonry units with integrated color, provided 8 the outer surface is either split face or ground faced, or a combination of the two. Prohibited 9 cladding materials include unbacked, non -composite sheet metal products (e.g., standing- 10 seam metal or flat panels that can be easily dented), smooth faced concrete masonry units 11 that are painted or unfinished, board or batten siding, plastic or vinyl siding or unfinished 12 wood. 13 (11) Storage facility buildings resembling long, traditional warehouse buildings are prohibited. 14 (12) Streetscape landscaping required by the City Code shall not be fenced. 15 (13) Electrical service to the storage units shall be for lighting and climate control only. No 16 electrical outlets are permitted inside individual storage units. Lighting fixtures and switches 17 shall be of secure design that will not allow the tapping of fixtures for other purposes. 18 (14) The minimum lot size shall be not less than one and one-half (1.5) acres. 19 (b) Operational Requirements. The following minimum operational standards shall apply to 20 self-service storage facilities and tenants of individual storage units: 21 (1) Individual storage units shall not be used for activities such as residences, offices, 22 workshops, studios, or hobby or rehearsal areas. Further, storage units shall not be used for 23 manufacturing, fabrication or processing of goods, services or repair of vehicles, engines, 24 appliances or other equipment, or any other industrial activity whatsoever. In addition, 25 storage units shall not be used for commercial activity or places of business of any kind 26 including, but not limited to, retail sales, garage or estate sales, or auctions. 27 (2) Storage of flammable, explosive, perishable or hazardous materials within individual 28 storage units and on site is prohibited. 29 (3) The storage of fossil -fueled powered motor vehicles within an individual storage unit 30 is prohibited. 31 (4) Keeping of animals is prohibited. 32 (5) Storage facilities shall not operate or allow tenant access between the hours of 10:00 p.m. 33 and 6:00 a.m. City of Cape Canaveral Ordinance No. 01-2020 Page 5 of 7 1 (6) All goods and property shall be stored in an enclosed building. Outdoor storage of goods 2 and property shall be prohibited. 3 (7) Temporary storage units or shipping containers are prohibited on the property except as 4 provided under Section 82-400 of the City Code. 5 (8) Storage facilities shall have security access control to buildings and individual storage units 6 and enhanced electronic video surveillance of the property. 7 (9) Rental agreements shall provide tenants with written notice of the minimum operational 8 standards set forth in this section and any other conditions imposed by the City. 9 * * * 10 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 11 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 12 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 13 14 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 15 Canaveral City Code and any section or paragraph, number or letter and any heading may be 16 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 17 like errors may be corrected and additions, alterations, and omissions, not affecting the 18 construction or meaning of this Ordinance and the City Code may be freely made. 19 20 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision 21 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 22 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 23 a separate, distinct and independent provision, and such holding shall not affect the validity of 24 the remaining portions of this Ordinance. 25 26 Section 6. Effective Date. This Ordinance shall become effective immediately upon 27 adoption. 28 29 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 30 of , 2020. 31 32 33 34 [Signature Page Follows] 35 36 37 38 39 40 City of Cape Canaveral Ordinance No. 01-2020 Page 6of7 1 2 3 4 Bob Hoog, Mayor 5 6 ATTEST: For Against 7 8 Mike Brown 9 10 Mia Goforth, CMC Robert Hoog 11 City Clerk 12 Mickie Kellum 13 14 Wes Morrison 15 16 Angela Raymond 17 Planning & Zoning Board 18 Hearing: August 21, 2019 19 First Reading: January 21, 2020 20 Advertisement: 21 Second Reading: 22 23 Approved as to legal form and sufficiency 24 for the City of Cape Canaveral only by: 25 26 27 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 01-2020 Page 7 of 7