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HomeMy WebLinkAboutPacket 02-06-2007 Regular AmendedCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY February 6, 2007 7:00 PM REVISED AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Mayor's Recognition of Mary Magee BOARD INTERVIEW: Ronald Friedman, Planning & Zoning Board CONSENT AGENDA: City Council Regular Meeting Minutes of January 16, 2007. 2. Outdoor Entertainment Permit for the Walk for Bibles, Sponsored by Brevard Baptist Association. 3. Outdoor Entertainment Permit for Fairvilla MegaStore Ladies Night 2007. ORDINANCES: First Reading: 4. Motion to Approve: Ordinance No. 01-2007, Amending Chapter 110, Zoning; Providing for a Definition of "Liquified Petroleum Gas;" Repealing The Definition Of "Fire District;" Repealing the Special Exception for Storage of Liquified Petroleum in the M-1 Light Industrial and Research and Development District; Creating Section 110-485 to Limit the Storage of Liquified Petroleum Gas for Distribution Purposes to 1000 Gallons Per Parcel of Land, at First Reading. 5. Motion to Approve: Ordinance 02-2007; Amending Article III of Chapter 70, Taxation; To Change the Term "Occupational License Tax" to "Local Business Tax" Consistent with Florida Law; Making Conforming Amendments to Chapter 6, Alcoholic Beverages, Chapter 10, Amusements and Entertainments, Chapter 34, Environment, Chapter 38, 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 2 of 2 Fire Protection and Prevention, Chapter 80, Vehicles for Hire, Chapter 82, Buildings and Building Regulations, Chapter 110, Zoning, At First Reading. DISCUSSION: 6. Mixed Use Zoning. CONSIDERATION: Add -0n Item: 7. Stormwater Management Cost Sharing Agreement with the St. Johns River Water Management District. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which mord includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 02-06-07 AGENDA Heading Consideration Item 7 No. Funding Break -Down: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: STORMWATER MANAGEMENT COST SHARING AGREEMENT WITH THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DEPT./DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider approval of the Stormwater Management Cost Sharing Agreement with the St. Johns River Water Management District in the amount of $115,000 towards the Central Ditch Stormwater improvement Project, Phase 11, as recommended by the Stormwater Administrator. Summary Explanation & Background: The total project cost is $495,000 Funding Break -Down: St. Johns Water Management District - $115,000 Florida Department of Environmental Protection - $256,000 City of Cape Canaveral - $94,000 1 recommend Approval Exhibits Attached: Grant Agreement City M�naggr'ce�, Department MEMORANDUM TO: Bennett Boucher City Manager FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 02/01/07 RE: SJRWMD Contract Attached is the new SJRWMD contract for the south Central Ditch project — amount of $115,000. Please sign and return to Public Works. ns River JI t'_0 -- -- Water Management District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sjrwmd.com. LETTER OF TRANSMITTAL TO: Jeff Ratliff DATE: January 30, 2007 City of Cape Canaveral Overnight Delivery PO Box 326 Cape Canaveral, Florida 32920 CONTRACT NO.: SK464AA We are sending you the following attachments for action as defined below: Q Specifications () Documents (x) Agreement () Correspondence Q Amendment Q Change Order Q Work Order Q Other COPIES DESCRIPTION ACTION 2 (Originals) Agreement 1, 2 & 8 ACTION CODE: 1. For your files 2. For execution & return 3. District Policy 88-05 Delegation Authority 4. For review & comment REMARKS: 5. Insurance needed 6. W-9 form for execution & return 7. Performance/payment bond needed 8. See remarks FROM: �� 4 Randy W lis Contracts Administrator COPY TO: David Watt —GOVERNING BOARD Ometrias D. Long, CHAIRMAN David G. Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY Duane Ottenstroer, TREASURER APOPKA JACKSONVILLE OCALA JACKSONVILLE W. Leonard Wood John G. Sowinski William Kerr Ann T. Moore Susan N. Hughes FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL PONTE VEDRA Contract #SK464AA STORMWATER MANAGEMENT COST-SHARING AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF CAPE CANAVERAL THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and CITY OF CAPE CANAVERAL ("City"), whose address is P. O. Box 326, Cape Canaveral, Florida 32920. WITNESSETH THAT: WHEREAS, the waters of the State of Florida are among its basic resources and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water; and WHEREAS, pursuant to chapter 373, Fla. Stat., the District is responsible for the management of water resources within its geographical area, and proper management of stormwater is necessary to protect the public health, safety and welfare and extend the life of surface and ground water resources; and WHEREAS, the District's Governing Board has established the Stormwater Management Projects Cooperative Cost -Share Program ("the Program") to support stormwater management efforts that contribute toward the improvement of water quality by achieving pollutant load reduction goals (PLRGs) or total maximum daily load (TMDL) allocations for identified priority pollutants. The District may also consider projects that protect or preserve water quality in designated Surface Water Improvement and Management (SWIM) water bodies; and WHEREAS, City has applied for and is qualified to participate in the Program, and the parties have agreed to jointly fund the stormwater management project ("the Project"), which is described as follows: Phase II of this project will improve water quality in the southern portion of the stormwater conveyance system known as the Central Ditch. This project will significantly reduce pollutant loads to the Banana River. NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of this Agreement, and the payments herein specified, which the District agrees to make, City agrees to furnish and deliver all materials, to do and perform all work and labor required to be furnished and delivered, done and performed for the Central Ditch Stormwater Improvement Project Phase II, Contract #SK464AA ("the Work"). City agrees to complete the Work in conformity with this Agreement. This Agreement consists of the following documents, including all modifications incorporated therein before their execution: Agreement; Exhibit "A" — Program Application. ARTICLE I - TERM SCHEDULE AND TIME OF PERFORMANCE A. Term. The term of this Agreement shall be from the Effective Date to the Completion Date. Effective Date. The Effective Date of this Agreement shall be the date upon which the District has dated and executed the same; provided, however, that in the event a date other than the aforesaid is set forth below in this section, that date shall be the Effective Date. Contract #SK464AA 2. Completion Date. The Completion Date of this Agreement shall be upon satisfactory completion of the stormwater management project and subsequent cost reimbursement to City; or 24 months from the Effective Date, whichever comes first, unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. 3. Time is of the Essence. The Commencement Date and Completion Date are essential conditions hereof. In addition, time is of the essence in execution of this Agreement by City. If City fails to execute this Agreement within sixty (60) days of receipt, the Project shall be removed from the District's list of approved cost -share projects and the District shall seek to provide funding to other stormwater management projects that have been approved by the Governing Board. ARTICLE II - STATEMENT OF WORK AND DELIVERABLES A. Deliverables. City shall fully implement the Project, as described in City's Program Application, attached as Exhibit "A." City is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, City shall provide and pay for all materials, labor, and other facilities and equipment as are necessary for the completion of the Project. The District shall provide the professional and technical support necessary to properly address all aspects of the Agreement. The District's project manager shall make a final acceptance inspection of the Project when completed. The parties may at any time agree in the form of a written amendment to make changes to the Project within the general scope of this Agreement. B. Progress Reports. When requested, City shall submit progress reports to the District's project manager in a form approved by the project manager. The progress report shall provide an updated progress schedule with each payment request, taking into account all delays, changes in the nature of the Work, etc. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form in formats consistent with the District's standard software products. The District's standard office automation products include the Microsoft® Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be accepted if mutually agreed upon by the District's Project Manager and chief information officer. Timely submittal of progress reports shall be a condition precedent to payment of invoices. ARTICLE III - COMPENSATION AND COST -SHARE A. District FundinZ. For satisfactory completion of the Project, the District agrees to reimburse City a sum in the amount not to exceed $115,000 (the "Total Compensation"). Work eligible for reimbursement must have started after execution of this Agreement. If, at the completion of the Project, City's actual expenditure is less than the amount stated in the Project Budget, the District's obligation shall be reduced proportionately. Reimbursement shall be made no later than 30 days after receipt of an invoice, as provided below. If City fails to satisfactorily implement the Project, City shall not be eligible for any reimbursement. B. City Funding. City shall obligate monies to fund the Project in an amount not to exceed $380,000. City shall be responsible for any additional funding in excess of the anticipated total project cost of $495,000. W Contract #SK464AA C. Invoicine Procedure. Upon completion of the portion of the Project provided for in the Statement of Work, the City shall invoice the District for the District cost -share provided in Article III.A. The invoice shall be submitted in writing to the St. Johns River Water Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177, or may be emailed to acctpay@sjrwmd.com. The City shall transmit invoices using only one of the aforesaid two methods. The invoice shall reference the District contract number, the names of the City and District Project Managers, and be accompanied by detailed paid invoices/receipts and any other documentation necessary to substantiate completion of said portion of the Project. All documentation required for verification shall be approved by the District prior to release of payment. If the invoice does not correspond to the Project Budget or other requirements of this paragraph, it will be returned to the City without action within 20 business days of receipt. The District shall state the basis for rejection of the invoice. D. Forfeiture of Final Payment. City shall submit the final invoice to the District not later than ninety (90) days after the Completion Date. CITY'S FAILURE TO SUBMIT THE FINAL INVOICE TO THE DISTRICT WITHIN THE TIME FRAME ESTABLISHED HEREIN SHALL BE A FORFEITURE OF ANY REMAINING AMOUNT DUE UNDER THE AGREEMENT. E. Release. Upon the satisfactory completion of the Work, the District will provide a written statement to City accepting all deliverables. Acceptance of the final payment shall be considered as a release in full of all claims against the District pursuant to this Agreement. ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. In addition, each party is subject to the provisions of section 768.28, Fla. Stat., as amended. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any party hereto. B. Each party shall also acquire and maintain throughout the term of this Agreement such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. ARTICLE V - FUNDING CONTINGENCY A. This Agreement is at all times contingent upon availability of funding in future years, which may include a single source or multiple sources. Agreements extending for more than one fiscal year are subject to annual appropriation of funds, in the sole discretion and judgment of the parties for each succeeding year. Should the Project not be approved for funding in succeeding years, the party not approving the Project shall so notify the other party, and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the notifying party may allow. B. In the event the District is notified at any time that funds from an external funding source will not be available, or are no longer available, in whole or in part, the District shall so notify City and this Agreement, upon the election of the District, shall be deemed terminated for convenience five days after receipt of such notice or within such additional time as the District may allow. ARTICLE VI - PROJECT MANAGEMENT 3 Contract #SK464AA A. Proiect Managers. The project managers shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being designated as project manager: DISTRICT CITY David Watt, Project Manager Jeff Ratliff, Project Manager St. Johns River Water Management District City of Cape Canaveral 4049 Reid Street P. O. Box 326 Palatka, Florida 32177 Cape Canaveral, Florida 32920 (386) 329-4355 (321) 868-1240 E-mail: dwatt@sjrwmd.com E-mail: jratliff a cfl.rr.com B. District Proiect Manager. The District's Project Manager shall have sole and complete responsibility to transmit instructions, receive information, and communicate District policies and decisions regarding all matters pertinent to performance of the Project. The District's project manager shall have the authority to approve minor deviations in the Project that do not affect the Total Compensation or the Completion Date. The District's Project Manager and, as appropriate, other District employees, shall meet with City when necessary in the District's judgment to provide decisions regarding performance of the Work, as well as to review and comment on reports. C. Change in Proiect Manager. Either party to this Agreement may change its project manager by providing not less than three working days prior written notice of the change to the other party. D. Supervision. City shall provide efficient supervision of the Project, using its best skill and attention. E. Notices. All notices to each party shall be in writing and shall be either hand -delivered or sent via U.S. certified mail to the respective party's project manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five business days. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received. ARTICLE VII - MISCELLANEOUS PROVISIONS A. Assignment and Subcontracts. City shall not assign this Agreement, or any monies due hereunder, without the prior written consent of the District. City shall be responsible for the fulfillment of all work elements included in any subcontracts and shall be responsible for the payment of all monies due under any subcontract. City shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for its own acts and omissions. City shall hold the District harmless from any liability or damages arising under or from any subcontract to the extent allowed by law. B. Termination. Either party may terminate this Agreement at any time by giving the other party 30 days written notice prior to the date of termination. Upon termination by the District, the District shall reimburse City for all allowable costs incurred prior to the date of termination. C. Failure to Complete Project. In the event the City fails to complete the Project, the City shall refund to the District all funds that have been provided to the City pursuant to this 4 Contract #SK464AA Agreement; provided, however, that the District, in its sole judgment and discretion, may determine that the City has failed to complete the Project due to circumstances that are beyond the City's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible, in which event the District may excuse the City from the obligation to return the funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, the City shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the Completion Date or the scope of the Project. Failure to complete the Project within 180 days of the then -current Completion Date shall constitute failure to complete the Project for the purposes of this provision. D. Interest of City. City certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of City to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. E. Independent Contractor. City is an independent contractor. Neither City nor City's employees are employees of the District. City shall have the right to control and direct the means and methods by which the Work is accomplished. City may perform services for others, which solely utilize its facilities and do not violate any confidentiality requirements of this Agreement. City is solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws. City's duties with respect to itself, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers' Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for performance of the Work; (3) providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if City is not a corporation, self-employment (Social Security) taxes; (5) compliance with the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance with the requirements of said Act; (6) providing employee training for all functions necessary for performance of the Work; (7) providing equipment and materials necessary to the performance of the Work; and (8) providing office or other facilities for the performance of the Work. In the event the District provides training, equipment, materials, or facilities to meet specific District needs or otherwise facilitate performance of the Work, this shall not affect any of City's duties hereunder or alter City's status as an independent contractor. F. Non Lobbying. Pursuant to section 216.347, Fla. Stat., as amended, the City hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. G. Civil Rights. Pursuant to chapter 760, Fla. Stat., City shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. H. Audit: Access to Records. City agrees that the District or its duly authorized representatives shall, until the expiration of three years after expenditure of funds hereunder, have access to examine any of City's books, documents, papers, and other records involving transactions related to this Agreement. City shall preserve all such records for a period of not less than three years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. City shall refund any such reduction of Contract #SK464AA payments. All required records shall be maintained until an audit has been completed and all questions arising from it are resolved. City will provide proper facilities for access to and inspection of all required records. I. Release of Information. Records of City that are made or received in the course of performance of the Work may be public records that are subject to the requirements of chapter 119, Fla. Stat. In the event City receives a request for any such records, City shall notify the District's project manager within three workdays of receipt of such request and prior to the release of any information. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. Royalties and Patents. Unless expressly provided otherwise herein, City shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss on account thereof, provided, however, that the District shall be responsible for all such loss when the utilization of a particular process or the product of a particular manufacturer is specified by the District. If City at any time has information that the process or article so specified is an infringement of a patent, it shall be responsible for such loss unless it promptly provides such information to the District. City hereby certifies to the District that the Work to be performed pursuant to this Agreement does not and will not infringe on any patent rights. K. Diversity. The District is committed to the opportunity for diversity in the performance of all procurements, and encourages its prime vendors (contractors and suppliers) to make good faith efforts to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation, as the second- and lower -tier participants. The District will assist its vendors (contractors and suppliers) by sharing information on W/MBEs to encourage their participation. L. Governing Law. This Agreement shall be construed and interpreted according to the laws of the state of Florida. L. Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County, Florida, M. Attorney's Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. N. Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to this Agreement, City hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. O. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, have contributed substantially and materially to the preparation hereof. P. Entire Agreement. This Agreement, upon execution by City and the District, constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. City agrees that no representations have been made by the District to induce City to enter into this Agreement other G Contract #SK464AA than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties. Q. Separate Counterparts. This Agreement may be executed in separate counterparts, which shall not affect its validity. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CITY OF CAPE CANAVERAL By: 6By: Kirby B. Gree III, Executi a Director, or Designee Date: 1/364-7 Date: APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest: Stanley J1 Niego, Sr. sis t Gen ral ounsel Attachment: Exhibit "A" — City's Program Application 7 Typed Name and Title Typed Name and Title APPNUM 07 '� la Exhibit A SJRWMD office use ST. JOHNS RIVER WATER MANAGEMENT DISTRICT STORMWATER MANAGEMENT PROJECT COST -SHARE FUNDING APPLICATION FORM Fiscal Year (FY) 2006-2007 Submission deadline. Applications must be received by the St. Johns River Water Management District (SJRWMD) or dated by the U.S. Postal Service or a commercial carrier no later than Friday, August 11, 2006. Submit three (3) copies of this form and all supporting materials to Denis W. Frazel, c/o David Watt, St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177. For application assistance, contact Denis Frazel at (386) 329-4616 or dfrazel@sjrwmd.com. Applications that are substantially incomplete or that are not completed in accordance with the provided instructions will be disqualified. Excess materials will not be considered. Read and follow instructions carefully. Selected evaluation criteria accompany questions pertaining to them in the application. Complete evaluation criteria are provided in the separate instruction document. Type or print clearly the requested information in the spaces provided. Title of project Phase H — Central Ditch Stormwater Improvement Project A. APPLICANT INFORMATION A-1. Name of applicant City of Cape Canaveral (may be utility, local government, agency, company, individual, or other) A-2. Name, address, e-mail address, and phone/fax numbers of project manager or contact person. SJRWMD will send correspondence concerning this application ONLY to this person. Name Jeff Ratliff - Stormwater Administrator E-mail address iratliff-cape@cfl.rr.com Mailing address P.O. Box 326 City and ZIP code Cape Canaveral, Florida 32920 Phone( 321 ) 868-1240 Fax( 321 ) 868-1233 A-3. Name, address, and phone/fax numbers of person with authority to enter into a contractual agreement, if other than project manager or contact person. If same as 2 above, check box. ❑ Name Bennett Boucher E-mail address boucher-cane@cfl.rr.com Mailing address 105 Polk Avenue City and ZIP code Cape Canaveral, Florida 32920 Phone( 321 ) 868-1230 Fax( 321 ) 868-1224 A-1 SJRWMD Stormwater Management Project Cost -Share Funding Application FY 2006-2007 LIMIT TEXT ENTRIES TO THE NUMBER OF LINES IN PARENTHESES SHOWN AT THE END OF EACH QUESTION. FONT = TIMES NEW ROMAN SIZE 12 A-4. Project location (address or description, a separate man is required in section D) (8 lines) The Central Ditch is located in Section 37, Township 25 South, Range 37 East in Brevard County within the city limits of Cape Canaveral (City). The Central Ditch is the major drainage feature within the Canaveral Drainage Basin (urbanized watershed), which comprises approximately 526 acres including a mixture of residential, commercial, industrial, and undeveloped properties. The Central Ditch discharges to the Banana River and is approximately 1.05 miles in length. Phase II of this project includes the southern portion of the Central Ditch (0.25 miles in length) south of Central Boulevard and northeast of State Road AlA. A-5. Disclosure. Does any SJRWMD employee, Governing Board member, contractor, or other affiliate of the applicant have a financial interest in this project, the property associated with this project, or with any party that may profit financially from this project? Yes No X If yes, identify all such parties and describe their interests. (5 lines) B. PROJECT INFORMATION B-1. Purpose. Explain the purpose(s) of the project. Include a brief description of treatment/attenuation technology (Do not refer to attachments) (14 lines) The primary purpose of Phase II of this project is to improve water quality in the southern portion of the stormwater conveyance system known as the Central Ditch. The project will significantly reduce pollutant loads discharged to the Banana River including total suspended solids (TSS) by 66%, total phosphorous (TP) by 46%, and total nitrogen (TN) by 30%. Total sediment loads will also be reduced by an estimated 200,000 kilograms per year (kg/yr). Phase I of the project, which includes the construction and implementation of Best Management Practices (BMPs) in the northern portion of the Central Ditch, is currently being completed with funds from a FY2005 Section 319 grant and a FY2004-2005 St. Johns River Water Management District (SJRWMD) stormwater grant. EVALUATION FACTORS related to questions B-1: Will the project implement proven technology? 1-5 points. Project scoring is based on rater's assessment of the project being proposed and its relation to the SJRWMD mission. Projects utilizing proven technology receive more points, -speculative --or innovative le-linology fewer points: A-2 SJRWMD Stormwater Management Project Cost -Share Funding Application FY 2006-2007 B-2. Cost-sharing request. (The SJRWMD share cannot exceed 50% of specific project's total cost.) a. Specific project construction cost..............................................................$ 495,000 b. Amount of cost -share requested.................................................................$ 115.000 EVALUATION FACTOR related to question B-2: What is the extent of project cost -matching? 0-5 points (pts). District share <10% = 5 pts, 11-25% _ 3 pts, 25-50% = 1 pt, >50% = 0 pts. (Documented rural areas = 5). B-3. Projected schedule Projected starting date after Dec. 1, 2006: month June year 2007 ; completion date: month October year 2008 . (Funds received through this program may be used only for projects constructed after a cost-sharing contract has been executed and may not be used to reimburse the cost of existing structures or structures already under construction. Cost-sharing contracts will typically be executed by November 10, 2006. (Projects must be completed within 18-24 months of SJRWMD Governing Board approval.) If commencement of construction does not occur within the protected starting date, then the funding commitment may be withdrawn. Applicants may reapply the following year. EVALUATION FACTOR related to question B-3: Is the project planned and ready to begin? 0, 5, or 10 points. Project plan to initiate within fiscal quarter (Qtr) 2, FY 2006 = 10 pts; project plan to initiate within Qtr 3, FY 2006 = 5 pts; project plan to initiate after Qtr 3 = 0 pts. B-4. Is the project being undertaken to meet a total maximum daily load (TMDL) allocation, a pollutant load reduction goal (PLRG), or other water quality target consistent with a TMDL, PLRG or Surface Water Improvement and Management (SWIM) Act plan? Yes X No If yes, identify the agency and the water quality target. (10 lines) The City uses the following watershed -based plans, which have identified causes and sources that require control for pollution load reduction to be achieved in the Banana River. The project will address the following local and state agency pollutant load reduction policies including (1) the Indian River Lagoon (IRL) Surface Water Improvement Management Plan (SWIM 2000) and (2) the IRL Comprehensive Conservation and Management Plan (CCMP) — Actions FSD-4, FSD-6, FSD-8, FSD- 11, FSD-13, W-6, W-7, PIE -2, PIE -3, and PIE -4. These plans support the City's Stormwater Master Plan (2000) goal to install treatment train technology, to improve stormwater conveyance, and to collect and treat the initial inch of stormwater runoff. Upon establishment for the IRL system, Total Maximum Daily Load (TMDL) criteria will be utilized for this project (as appropriate) and all future stormwater improvement projects within the City. EVALUATION FACTOR related to question B-4: Is the project being undertaken to meet a PLRG, a TMDL, or other water quality target? 0, 10, or 20 points. Project meets or exceeds an establisher! PLRG, TMDL or SWIM goal = 20 pts; improves water quality treatment consistent with SJRWMD priorities, but does not meet PLRG, TMDL or SWIM goals = 10 pts; does not meet specific targets = Opts. A-3 SJRWMD Stormwater Management Project Cost -Share Funding Application FY 2006-2007 B-5. Provide pollutant load calculations within a detailed project description. Identify the type and amount of pollutant load reduction that will be achieved by the project (e.g., tons/year). What is the cost per unit of pollutant removed? Include approximate dimensions and capacities, if applicable. (Reference how estimates are derived. (Example —Metcalf & Eddy 2003, Harper 2003) (35 lines) Phase II of this project includes pollutant source removal and treatment of stormwater for the southwestern portion of the 526 -acre Canaveral Drainage Basin. Project activities include (1) removal of all vegetation within the channel and along the channel banks (primarily Brazilian pepper), (2) excavation of muck and debris from the channel bottom, (3) stabilization (grading) of the channel banks (3:1 slope), (4) installation of a composite turf reinforcement mat and sod, (5) installation of an aerator and fountains in the downstream portion of the Central Ditch, and (6) construction of park -like settings along Central Boulevard and State Road AIA near the intersection with the Central Ditch. Phase II will also provide secondary treatment for stormwater from the northern portion of the Central Ditch and other portions of the Canaveral Drainage Basin (300 acres) which discharges through the nutrient -separating baffle box along Central Boulevard. Based upon the results of computer modeling (Harper, 1994* and EPA, 1999*), the stormwater improvements will result in pollutant loading reductions of TSS by 66% (8.3 tons per year), TP by 46% (0.1 tons per year), TN by 30% (0.2 tons per year), and sediment loads by 95% (220 tons per year). These estimates do not include significant additional pollutant load reductions from (1) the secondary treatment of stormwater from other portions of the Canaveral Drainage Basin (300 acres) and (2) the excavation of muck (estimated 150,000 cubic feet) from the channel bottom. Using these very conservative pollutant load removal estimates, the cost per ton of pollutant removal is $57,827 ($64 per kilogram). In general, the Central Ditch has a low gradient with a bottom width of 20 to 25 feet and a top width of 25 to 35 feet, varies from one to four feet in depth, and has steep side slopes susceptible to excessive erosion (i.e., sediment/vegetation from the channel banks is easily washed downstream) following heavy rain events. The southern portion of the Central Ditch is tidally -influenced and may contain brackish surface water. * Sources: (1) Harper, 1994, Stormwater Loading Parameters for Central and South Florida. (2) 1999, Estimating Load Reductions for Agricultural and Urban BMPs — Bank Stabilization Worksheet. SJRWMD Stormwater Management Project Cost -Share Funding Application FY 2006-2007 EVALUATION FACTORS related to question B-5: Detail project methodologies. Identify the type and amount of pollutants that will be removed by the project (e.g., tons/year). Will the project be cost-effective? 0-20 points. Scoring is based on rater's assessment of the effectiveness of the project at achieving the stated pollutant load reductions. B-6. Land acquisition information. List all properties required to construct the proposed project and provide the status of efforts to acquire each property. Acquisition Status Property Address/Location Owner Completed Not Started City/FDOT Easements City and FDOT GNo Yes No EVALUATION FACTOR related to question B-6: Is land acquisition required? What is the status of the acquisition process? 0 or 10 points. Property acquisition completed or not required = 10 pts; acquisition not started or condemnation required = 0 nts. B-7. Permit information. List all types of permits required to construct the proposed project and provide the status of efforts to obtain each permit. Tyne of Permit Issuing Agency Have Permit Applied Not Applied ERP SJRWMD ❑ (J X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EVALUATION FACTOR related to question B-7: What permits are required, if any? What is the status of permit applications? 0, 3, or 5 points. All permits issued, or not required = 5 pts; preliminary permit application pending = 3 pts; permit process not initiated = Opts. B-8. Has the project been identified and funded as a State priority (DOT/DEP grant, legislative appropriation, etc.), or cooperative funding with one or more other organizations, local governments, or agencies, other than SJRWMD? Yes X No If yes, list other participants other than SJRWMD, what funds are being contributed to the project, and whether they are encumbered, are budgeted, or have been awarded. (7 lines) A Section 319 grant (FY2006) has been awarded for this project by the Florida Department of Environmental Protection (FDEP) — a contract will be forthcoming in early -2007. Cost-sharing funds from the City have been budgeted and will be provided through the City's Stormwater Utility program. Phase I of this project (northern portion of the Central Ditch) has been awarded funding from both the FDEP (Section 319 grant) and the SJRWMD (Stormwater Management Cost -Sharing grant). A-5 SJRWMD Stormwater Management Project Cost -Share Funding Application FY 2006-2007 EVALUATION FACTOR related to question B-8: Is the project a cooperative effort with one or more other organizations or agencies? Are other cooperative funds being contributed? What funds are being contributed to the project, and are they encumbered, are they budgeted, or have they been awarded? 0, 5 or 10 points. State funds awarded/encumbered = ]Opts; other cooperative funds awarded/encumbered = 5 pts; funds asked for/grant requested = Opts. B-9. Does the project provide other water resource benefits in addition to water quality, such as improving or protecting groundwater, increasing recharge, conserving water, or providing flood protection, etc.? Yes X No If yes, then describe benefits. (16 lines) Implementation of Phase 11(in conjunction with Phase I) will (1) provide significant flood protection from larger storm events, (2) assist in the elimination of illicit stormwater discharges from area residences, (3) assist in the elimination of illegal dumping of debris, (4) increase seasonal freshwater recharge to the surficial aquifer (thus inhibiting saltwater intrusion in the surficial aquifer on the barrier island), and (6) provide park -like facilities for area residents. EVALUATION FACTOR related to question B-9: Does the project provide other water resource benefits in addition to water quality, such as improving or protecting groundwater, increasing recharge, conserving water, or providing flood protection? 0-5 points. Scoring is based on rater's assessment of the extent and significance of additional benefits. C. OTHER EVALUATION FACTORS C-1. Rater's evaluation. 0-10 points. Rater's overall assessment and other relevant factors not specifically addressed elsewhere. C-2. Has the applicant followed directions as instructed in preparing the application? [-5]-0 points. Points will be taken away from an applicant's score for failure to follow directions. Noncompliance, and/or the applicant included a large amount of unnecessary information = (-1 pt — -S pts); the applicant followed directions and included just the relevant information required = Opts. NZ SJRWMD Stormwater Management Project Cost -Share Funding Application FY 2006-2007 D. SUPPORTING MATERIALS Attach the following items to this application form and check the appropriate boxes. (Additional information may be requested if needed.) D-1. Project budget summary. Provide a one-page project budget summary that lists project - specific construction expenses by major categories. Clearly document deliverable products. leN D-2. General specifications and plans. Submit a one-page generalized sketch with enough detail that the evaluating committee will understand what is to be constructed. If possible, include sizes and capacities of the project and major components. Fit all drawings on 8'/s" by 11" paper. Detailed engineering plans may be requested later, if needed for further project evaluation. Do not send color graphics unless they will reproduce satisfactorily in black -and -white. D-3. Location map. Clearly indicate the location and extent of the project and whether it crosses water management district jurisdictions. Man should show the immediate or significant water feature/receiving water body with an evident connection Use an 8'/2" by 11" format. Show highway intersections or other recognizable landmarks for orientation. The map may be a photocopy of part of a county road map or a U.S. Geological Survey topographic map. Do not send color graphics unless they will reproduce satisfactorily in black -and -white. D-4. Budget documentation. Provide a copy of the relevant page from your draft FY 2006- 2007 budget submittal to the state that clearly identifies the proposed project and the share of your cost of the project. Signature of person with authority to enter into a contractual agreement. I certify that all information supplied on this application form with its attached documents is true and correct. Q, L .le City Manager A-7 Budget Summary Phase II - Central Ditch Stormwater Improvement Project Total: $286,000 $115,000 1 $94,000 $380,000 Total Project Cost: $495,000 Percentage Match: 1 0.58 0.23 1 0.19 0.77 Deliverables: 1). Land survey of the project area. 2). Engineering design and construction specifications. 3). Bid documentation and signed contract with selected contractor. 4). Acceptance documentation of the stormwater improvements as constructed. 5). Quarterly reports to the SJRWMD (including laboratory analytical results from the Water Quality Monitoring Program), and draft and final project reports with budget summaries. 6). Documentation of press releases and educational signage at project completion. 7). Photographs of the construction activities. ota Matching Project Task FDEP $$ SJRWMD $$ City $$ (Other than ;JR MD Pre -Construction Activities Grant Award and Land Survey $0 $0 $12,000 $12,000 Engineering Design/QAPP $0 $0 $16,000 $16,000 Prepare/Award Bid $0 $0 $8,000 $8,000 Construction Activities Construction $286,000 $115,000 $12,000 $298,000 Post -Grant Activities Post -Grant Project Administration $0 $0 $8,000 $8,000 Water Quality Monitoring Program $0 $0 $30,000 $30,000 Implement Education $0 Component $0 $8,000 $8,000 Total: $286,000 $115,000 1 $94,000 $380,000 Total Project Cost: $495,000 Percentage Match: 1 0.58 0.23 1 0.19 0.77 Deliverables: 1). Land survey of the project area. 2). 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