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Agenda Packet 9-17-13 Regular - Pt 1
City of Cape Canaveral CITY COUNCIL MEETING :APE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday September 17, 2013 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: i:rlor.WaNs CITY ATTORNEY'S REPORT: 6:05 p.m. — 6 :10 p.m. AUDIENCE TO BE HEARD: 6 :10 p.m. — 6 :25 p.m. Cocoa Beach Mayor Dave Netterstrom 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. CONSENT AGENDA: 6 :25 p.m. — 6 :30 p.m. 1. Approve Minutes for City Council Workshop and Regular Meetings of August 20, 2013 and City Council Special Meeting of September 3, 2013. 2. Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. 3. Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920 -0326 Telephone (321) 868 -1220 Fax: (321) 868 -1248 www.cityofcapecanaveral.org • email: info @cityofcapecanaveral.org IFCity of Cape Canaveral, Florida City Council Meeting September 17, 2013 Page 2 of 3 Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. 4. Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. 5. Resolution No. 2013 -21; authorizing an Agreement for Fire Protection and Emergency Medical Services between the City and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date. 6. Resolution No. 2013 -22; authorizing an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. PUBLIC HEARING: 6:30 p.m. — 6:45 p.m. 7. Resolution No. 2013 -18; a Joint Resolution of the City Council of the City of Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency ( "Agency'); providing for the approval of an Interlocal Agreement authorizing a loan from the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community Redevelopment Agency so it can commence redevelopment activities within the Redevelopment Area and reimburse the City for certain start-up expenses incurred by the City to establish and create the Agency; providing for the incorporation of the terms and conditions of the Interlocal Agreement into the Redevelopment Plan of the Cape Canaveral Community Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no conflicts; severability, and an effective date. 8. Resolution No. 2013 -19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area to exclude land from the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A "; and incorporating said Map into the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. City of Cape Canaveral, Florida City Council Meeting September 17, 2013 Page 3 of 3 ITEMS FOR ACTION: 6:45 p.m. — 7 :00 p.m. 9. Award the bid for construction of the New Cape Canaveral Volunteer Fire Department (CCVFD) Station to W & J Construction Corporation in the amount of $1,993,402.35; authorize the City Manager to execute documents related to same; approve the re- organization of the Council Meeting room to provide office space for two CCVFD Staff in lieu of renting office space during construction and authorize staff to negotiate a loan in lieu of using reserves. REPORTS: 7:00 p.m. — 7:15 p.m. 10. Council. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868 - 1220 x220 or x221) 48 hours in advance of the meeting. I i CITY COUNCIL BUDGET WORKSHOP MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 20, 2013 4:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:30 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager " aDavid L. Greene Assistant City Manager /City Clerk Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director - Barry Brown Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Mike DeMorat Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham DISCUSSION: 1. Proposed Fiscal Year 2013/2014 Budget and Five (5) Year Capital Improvement Plan: City Manager David Greene explained items in the Capital Improvement Plan are not automatically purchased; the Plan is a projection of items Staff estimates will be needed over the next five (5) years as well as the City Council /Citizens goals. Staff assesses the condition of equipment and dates established may need to be extended out or accelerated based upon actual conditions. Renewal /replacement of equipment has been planned for by the use of a Capital Depletion Reserve Account. The replacement of lighting as projected for City Buildings may not occur as projected due to the anticipated new City Hall and subsequent demolition of the Community and Economic Development Building. The discussion of the proposed budget/CIP began on Page 93 and included: proposed expenditures at Cherie Down Park, if there are plans City of Cape Canaveral, Florida City Council Budget Workshop Meeting August 20, 2013 Page 2 of 2 showing proposed improvements, the acquisition of the property owned by the County and the continued lease of the portion owned by the School Board, the need for the lease to be at least 25 years so the City could apply for grant funding for the proposed improvements, the conditions attached to the land will be fully investigated prior to the presentation of any agreement to the City Council, a planning /community involvement process to decide what improvements will be accomplished, the need for a dedicated funding source such as paid parking or vendor /concession if the City decides to take over the property, whether the proposal should be sent to the voters to see if they support the project/acquisition, the current administration's practice to bring projects to the City Council only after Staff has completely explored the concepts, which portion of the property is controlled by which agency, the need to have adequate site plans /surreys and in some cases project plans /specifications before application for grant funding, by doing so, it places the City in a better position for funding; complaints received about the conditions at the Park, the desire of citizens to have a coffee shop /restaurant near the water; the Long Point Road Estuary Project and funding anticipated from the Army Corps of Engineers; Cape Caribe has agreed,to „the transfer of maintenance for the dune cross over adjoining their complex; the fire s`^ ton project, the reserves for same, the projected funding options for`the amouWnot currently dedicated to the project; the need to return the plans for the New City Hall to the Council before the project bid is released and Staff's work to produce a conservative building that meet current and future needs; the Police and Fire Department expense has only increased 300,000 over the past five years, yet the total Ad Valorem does not cover the expenses; the North Atlantic Avenue Improvement Project may receive funding from Florida Department of Transportation via the Space Coast Transportation Planning Organization which would eliminate the need for loans/large use of reserves or phasing of the project; the projects proposed in the Enterprise Capital fund, the limited space available at the WWTP, the need to make certain changes to reduce the impact to the Indian River Lagoon, which necessitates the building of a storage tank, whether reclaimed water could be stored in underground vaults at Canaveral City Park, which has been targeted to solve stormwater issues in the area, Cocoa Beach's ASR Well project and whether it could eliminate t e need to build another storage tank; the current engineering /computer modeling done to study the stormwater /reclaimed water issues and the State Revolving loan interest rate. City Manager Greene indicated there will be an amendment to the final proposed budget to accommodate projects which need to carry over to next year. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:50 P.M. Angela M. Apperson, MMC, Assistant City Manager /City Clerk Rocky Randels, Mayor CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 20, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:03 P.M. and led the pledge of allegiance. Mayor Randels reminded everyone to speak into the microphone. ROLL CALL: Council Members Present: Mayor Pro Tern John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager /City Clerk Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director Barry Brown Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Mike DeMorat Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PRESENTATIONS / INTERVIEWS: Interview Bruce Collins. John Price and R. Lamar Russell for reappointment to the Planning and Zoning Board: Attorney Garganese asked all applicants if the information on their application is true and correct, to which each replied in the affirmative. Each applicant then explained their reasons for serving the City as a member of the Planning and Zoning Board. Mr. Russell's book "Lessons Learned in Planning & Zoning" was noted and he explained the zoning along the shorelines has remained constant over the last fifty years. Council Members thanked the applicants for their service. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 2of5 . . .. {{ nal Dav of Action' Mayor Randels explained the mobile phone providers encourage individuals not to text and drive and sponsored the proclamation, which he read into the record. CITY ATTORNEY'S REPORT: Attorney Garganese noted he is reviewing the rules of procedures to ensure they are in compliance with a new law which mandates the public be given an opportunity to speak on agenda items. AUDIENCE TO BE HEARD: Joyce Hamilton expressed operation of summer camp. Leisure Services Director changes made to the program to serve more children and` educational component. CONSENT AGENDA: Mayor Randels inquired if any items are discussion. No items were removed. 1. 2. 3. Rnarri 9 r same. 5. Pest ve annual 440. . �. 1117atinn Incp pffin nts related to the 3vo Vergara explained 1r with the Library for an m the Consent.: ntrol Agreement in the Amount of $41,344 with Black's Inc. and authorize the City Manager to execute same: nda for 76flff 17 inrnnSiStPnt r execute Control Pest A motion was made by Council Member Walsh, seconded by Council Member Hoog, to approve the five items on the Consent Agenda. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 3of5 PUBLIC HEARING: 6. Ordinance No. 09 -2013; amending Chapter 78, Article II, Division 3 of the Cape Canaveral Code of Ordinances related to sanitary sewer system impact fees; revising sewer impact fee assessment procedures consistent with the findings and recommendations set forth in the Citv's Sanitary Sewer Impact Fee Report dated April . ncorporation into the Code; severabil . . inp: Attorney ar anese read the Ordinance title into the record. y4aydr y g Randels provided a brief overview. A motion was made by Council Me bier Petsos, seconded by Mayor Pro Tem Bond, for approval of Ordinance No.,,;0'13 on second reading. Y p The Public Hearing was opened. Leo Nicholas rev 'eved,sR: ;.understanding of the of impact fees. He asked if the City has an. in Lien ='mpact fees, to which purpose P tY Y . , , . Mr. Greene responded there is one. Mr. Nicholas'aske`d if the delinq ��ent fees would be settled under the old fee schedule or the new ,dne. Mr. Greene indica'f` cd... t will de end P upon when the dispute over the fees is .settled. The�.,.,Public Hearing, "s' closed. Council Members comments related to the purpose of im�act,fees was grwth needs to pay for itself; the new fee schedule will be lower fdroi, most; however, certain businesses will receive an increase; the loans taken for upcoming :projects. Mr. Greene indicated the majority of the projects are not eligible for use of Impact fees because they are maintenance in nature and not expansion ;of capacity; the `stew rate structure will allow the use of impact fees by requiring a serf asid6ofh,rnoney fol- Finaintenance /repair of the existing facilities. A brief discussion ensued. `The m�a�ti o pf carried 5 =0 with voting as follows: Mayor Pro Tem Bond For; Council Membb6f'Hoo , For; Council Member Y g Petsos, For; MayovRandels., Fore and Council Member Walsh, For. I e5 70 Resolution No. '201.3 -13 -adopting the sanitary sewer impact fee report prepared for the City of Cape Canavera''i' by Raftelis...Fingncial Consultants, Inc., dated April 2013; amending ppLen xk B, Schedule of,.. Fees in accordance with the report's recommendations pre" dingfor ,repeal of prior inconsistent resolutions, incorporation into A kendix B of tfieCape 'Canaveral Code of Ordinances, severability, and an effecti hate: Attorney girganese read the Resolution title into the record. A motion was made by Council Mbmber Hoog, seconded by Council Member Walsh, For Resolution N Q., 2013 -13 ' The Public Hearing was opened. No comments were received and tMAAP.ublic Hearing was closed. The motion carried 5 =0 with voting as follows: Mayor Petsos, For; We ITEMS FOR ACTION: Consider A No. 201 !'Bond, For; Council Member Hoog, For; Council Member dels, For; and Council Member Walsh, For. >r Satisfaction Pierce Ave. of $3,100.00 Code Enforcement Lien, Mr. Andres Gonzalez, speaking on behalf of owner Mr. Juan S. Gonzalez, answered questions. City Manager Greene explained the actions of the Code Enforcement Board to reduce the lien to $500.00 and Staffs recommendation for a reduction to $2,000.00, which makes the City whole. A City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 4 of 5 motion was made by Council Member Petsos, seconded by Council Member Walsh, to support Staff's recommendation. Andres Gonzalez noted the expenses to get the residence back into compliance. Discussion ensued and included: the fact that the individuals truly responsible for the violations never seem to be held accountable; the appreciation of the work the property owner has done to fix the property up; and the fact the lien was recorded after the foreclosure process began. The motion carried 4 -1 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, For Council Member Petsos, For; Mayor Randels, Against; and Council Member Walsh, For. Attorney Garganese explained the reduced lien aAn is be paid within thirty days or the entire lien amount will be due, to which Andres G pzalez responded with his affirmative understanding. ' _ g A� REPORTS• \'-'r VV V 90 Council �. ell Mayor Pro Tern Bond reported on his attendance atl`the- Florida League of Cities Conference. He spoke of money returned to a developer by the former administration which he believes should have stayed. with the City and indicated the City Manager was looking into the situation. p � z sq k� t Council Member Walsh reported a dea+,sea ' Seaport. She bury the turtle. indicated once tagged an i the each in front of villages of ca#e'd, the City will be notified to I, Council Member Petsos noted new legislation which requires all contractors conform to the public records law -. and expressed co contracts or deter firms from- doing bush indicated t _e l'" 7.'.ha *s always required cohtr; on beh '{ of the Ct�the new, law requires discussion ensued, but action was taken. kern that this would increase the cost of ess with the City. Attorney Garganese ictors provide records related to work done this be addressed in the contract. A brief Council McYnber Petsos also noted his attendance at the Florida League of Cities Conference. Council Member 'hl6 ogi4f6ported on his attendance at the Florida League of Cities Conference and sha ed details of a session he attended related to reducing /eliminating homelessness. A discussion ensued and included details of programs sponsored by local churches. Mavor Randels asked about an initiative the Mayor of Cocoa Beach has extended related to visitors from space. Council Members did not express support for the initiative. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 5 of 5 ADJOURNMENT: There being no further business, the Meeting adjourned at 7:31 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, Assistant City Manager /City Clerk CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 2013 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney Assistant City Manager /City Clerk Finance Director Community & Economic Development Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief PRESENTATIONS /-INTERVIEWS: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh NWs, t�� and led the pledge David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Jeff Ratliff Lonnie Dunn Mike DeMorat Dave Sargeant Proclamation designating September 6 2013 as "LOCAL WORKS DAY" in the City of Cape Canaveral: Mayor Randels explained the purpose of the day and read the Proclamation into tl�e record. City Manager David Greene expressed appreciation for the City Employees; they are always there when the City needs them to step forward. He indicated his pride to be associated with the employees. Proclamation designating September 28 2013 as "National Estuaries Day — Hands Across The Lagoon" in the City of Cape Canaveral: Mayor Randels explained the boundaries of the Indian River Lagoon and read the Proclamation into the record. City of Cape Canaveral, Florida City Council Special Meeting September 3, 2013 Page 2 of 3 PUBLIC HEARING: 1. Adopt Resolution No. 2013 -16; correcting the total millage for all operating purposes and the Tentative Proposed Millage Rate for Beautification General Operating Millage previously set forth in Resolution No. 2013 -12; restating Resolution No. 2013 -12 in its entirety which adopted the Tentative Proposed Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City of Cape Canaveral, Brevard County. Florida; providing for a retroactive effective date: Attorney Garganese read the Resolution title into the record and provided a brief explanation for same. Mayor Randels provided further explanation of the errors in Resolution No. 2013 -12. A motion was made by Council Member Walsh, seconded by Council Member Hoog, for approval of Resolution No. 2013 -16. Finance Director John DeLeo explained the use of the electronic e -trim system, the calculation error and future use of the system, which will be much more efficient. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5 -0 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; `and Council Member Walsh, For. 2. Adopt Resolution No. 2013 -17; adopting a Proposed Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida: Attorney Garganese read the Resolution title into the record and provided an explanation of same. Mayor Randels read the millage rates as: 1.9187 for General Government Police Millage; 1.4390 for General Government Fire /Rescue Millage; 0.4816 for General Government Beautification millage and 0.0709 for Library Dependent Special District Millage. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Council Member Petsos, to approve and adopt Resolution No. 2013 -17. The motion carried 5 -0 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 3. Adopt Ordinance No 11 -2013: adopting the Annual General Fund Wastewater Fnterprise Fund. Stormwater Enterprise Fund. Enterprise Capital Fund, Special beginning October 1 2013 and ending September 30 2014: providing for an effective date, first reading: Mayor Randels noted the second reading of the Ordinance will take place on September 17, 2013. Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels indicated this is a balanced budget. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Hoog, seconded by Mayor Pro Tern Bond, for adoption of Ordinance No. 11 -2013. Mayor Randels indicated Staff has been working on the Budget since May. The motion carried 5 -0 with voting as follows: Mayor Pro Tern Bond, For; Council Member City of Cape Canaveral, Florida City Council Special Meeting September 3, 2013 Page 3 of 3 Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. Mayor Randels recapped the meeting. Council Member Walsh expressed appreciation for the use of the rolled -back rate. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:56 P.M. Angela M. Apperson, MMC, Assistant City Manager /City Clerk Rocky Randels, Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/17/2013 Item No. 2 Subject: Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. Department: Public Works Services Summary: During construction in 2011 of the Central Ditch headwall located adjacent to West Central Boulevard, dredging of approximately three feet of muck from the Ditch bottom resulted in improved water quality, increased surface water flow and improved fish and wildlife habitat. Larger fish and numerous turtles now thrive in this area and are frequently "observed and fed" by area residents. These dredging activities removed organic -rich muck (a pollutant source) from the channel bottom and deepened the Ditch by three feet for the first 100 feet south of West Central Boulevard. The remainder of the Central Ditch located south of West Central Boulevard has never been dredged of muck and debris. A recent survey of muck thickness in the Ditch conducted by the City's geotechnical contractor revealed an average thickness of approximately 46 inches. The organic -rich muck is a continuing source of pollutants to the water column and is limiting surface water flow in areas. Removal of this muck will eliminate this pollutant source and also improve habitat for fish and wildlife. Improving water quality in tributaries to the Indian River Lagoon system is a major goal of Florida Department of Environmental Protection's Total Maximum Daily Load (TMDL) Program. Staff is proposing the dredging and offsite disposal of approximately three feet of muck from the Ditch bottom from 100 feet south of West Central Boulevard to the bend in the Ditch located approximately 1,000 feet to the south (see Attachment #1). Care will be taken to avoid the root systems of mangroves located along the western side of the Ditch. In addition, since this proposed Project would remove pollutants (organic -rich muck) from the water column, the City may receive stormwater credits through the TMDL Program. Recognizing the environmental and ecological importance of this Project, Staff included this Project in the City's State Revolving Fund Loan Application submitted to FDEP. After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected GeoSyntec Consultants, Inc. (GeoSyntec) of Titusville, Florida to perform the project tasks. GeoSyntec is one of the engineering firms selected by the City for Professional Engineering /Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011 -01. A Master Services Agreement for these services has been signed between the City and GeoSyntec. A cost estimate with a breakdown of personnel hours for this Project as prepared by GeoSyntec is included as Attachment #2. Submitting Department Director: Jeff Ratliff -SQ, /lIN Date: 09/05/13 City Council Meeting Date: 09/17/2013 Item No. Page 2 of 2 Attachments: #1 — Location of Dredging Activities #2 — GeoSyntec Cost Estimate Financial Impact: $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch to be funded by SRF. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Co cil take the following action(s): Approve Task Order No. 1 in the amount of $36,59 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. Approved by City Manager: David L. Greene 0 V-& Date: 7 City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Location of Dredging Activities dJ U a bA LM 0 0 a 0 m u 0 mi Z� Attachment #2 GeoSyntec Cost Estimate Geosyntec consultants Mr. Jeff Ratliff, Public Works Services Director Cape Canaveral Public Works Department 601 Thurm Blvd., P.O. Box 326 Cape Canaveral, FL 32920 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321. 269 -5880 www.geosyntec.com September 4, 2013 Subject: Task Order No. 2013 -1 Proposal for Ditch Dredging Design & Permitting - South Central Ditch Cape Canaveral, Florida Dear Mr. Ratliff: Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral (City) with this proposal for the South Central Ditch Dredging project. Work will be conducted pursuant to our June 2011 contract with the City for Engineering & Surveying Services. Geosyntec will be assisted on the project by subconsultant Morgan & Associates, Inc. (M&A). The South Central Ditch project is located within the City limits, associated with a primary conveyance feature draining northern portions of the City. The ditch section in question runs north to south between West Central Boulevard on the north end to a point approximately 300 feet east of Astronaut Boulevard (AILA). The ditch is bordered by the Cape Canaveral Trailer Village and a vacant lot on the east, and the Craig Technologies Building on the west. The project site is located within Sections 14 and 15 of Township 24 South, Range 37 East. The study area is located within the jurisdiction of the St. John's River Water Management District (SJRWMD). Over time the ditch has become overgrown, difficult to maintain, and filled with muck and other sediments. The City would like to dredge this section of ditch in order to restore proper conveyance. To meet this goal, the City requires design plans and specifications preparation and permitting services to bid the project to a contractor. SCOPE OF WORK Geosyntec envisions that the overall project will be conducted in two phases: 1) Assessment, Design & Permitting Phase, and then 2) Construction Monitoring. Phase 1 would be completed first to provide plans to the City to move forward with bidding. Under Phase 2, the construction would be monitored as engineer's representative, but not full CEL This scope of work includes detailed scope and costs for both Phase 1 and 2. Geosyntec is securing the services of subconsultant M&A to take lead (engineer of record) on design plans and specifications preparation, as well as permitting. M&A will also provide surveying services to support the project and act as the lead in post design services (construction monitoring). Refer to the subconsultant proposal in Attachment B. Geosyntec will act in a quality assurance / quality control (QA /QC) role, as well as providing general project management. As prime under the contract with the City, Geosyntec will retain ultimate responsibility for completion of the project engineers I scientists I innovators Proposal for Ditch Dredging Design & Permitting South Central Ditch Geosyntec c' Cape Canaveral, Florida September 4 2013 consultants The following sequence of tasks would be performed by Geosyntec to complete the project: Phase 1 - Dgdgn & Permitting Geosyntec will provide peer QA /QC review on the following activities conducted by M&A: 1. Survey Data 2. 90% Construction Plans, Specifications and Engineer's Cost Estimate 3. Draft Permit Package 4. 100% Construction Plans, Specifications and Engineer's Cost Estimate Phase 2 - Construction Monitoring Geosyntec will provide peer QA /QC review on the following activities conducted by M&A: S. Pre -bid & pre - construction meeting questions, shop drawings, construction site visits, as -built drawings & engineer's certification for SJRWMD permitting purposes Geosyntec will also provide: 6. Project Management including project administration, subconsultant coordination, client status reporting, and attend client /SJRWMD meetings (up to 6). DELIVERABLES a. Phase 190%, 100%, Final Plans (and permit documents) will be submitted by M&A to the City as described in their enclosed subconsultant proposal. b. Phase 2 construction monitoring related documents will be submitted by M&A to the City as described in their enclosed subconsultant proposal. ASSUMPTIONS i. Geotechnical assessment of the project site will be necessary to evaluate improvement alternatives. It is understood that the City is procuring this work under separate contract. A copy of the geotechnical testing results will be provided to the consultant ii. No ecological, wetland delineation or environmental assessment will be necessary to design and permit this project. As such, these services are not included in this proposal. It is assumed the ditch will be classified as surface water from top of bank to top of bank. iii. Engineering and ecological services related to mitigation plans are = included in this proposal. iv. The City will make all pertinent data available to Geosyntec, including copies of all scanned documents. Hard copy documents will be made available for scanning. V. This scope of services has assumed that the consultant will not be involved in any public involvement meetings during the duration of the project. BUDGET ESTIMATE Geosyntec proposes to provide the services discussed herein for $36.594.00 on a lump sum basis, in accordance with the terms and conditions specified herein and pursuant to our contract with the City. The lump sum amount is based on our estimated budget for engineers I scientists I innovators Proposal for Ditch Dredging Design & Permitting South Central Ditch Geosyntec ° Cape Canaveral, Florida September 4, 2013 consultants performing these services, which includes the labor, subconsultant fees, and other direct costs necessary to complete the work scope described in the proposal, as detailed in Attachment A. The budget estimate includes fees from specialty subcontractors as follows (copies of the subconsultant proposals are included in Attachment B): • Morgan & Associates - provide design plans & Specifications and permit preparation services as well as surveying and mapping of the project area to support the project. Project efforts will be billed to the City on a lump sum task percent complete basis, based on the major tasks defined in the cost build -up spreadsheet in Attachment A. Individual subconsultant and combined other direct costs will likewise be billed lump sum based on a percent complete basis. Invoices will be structured to list project tasks (and subconsultant / combined other direct cost) with accomplished percent complete, then corresponding budget invoiced, overall budget expended and overall budget remaining. If requested, a separate status report will be provided to the City's project manager providing a narrative of work accomplished supporting the invoice. SCHEDULE Geosyntec and M&A can begin work immediately upon receipt of a Notice to Proceed from the City. Work will commence and proceed in accordance with the schedule provided in M&A's proposal in Attachment B. CLOSURE The scope, fees, and schedule provided herein are considered valid for 90 days from the date of proposal unless otherwise noted. After 90 days, we reserve the right to reevaluate project scope, fees, and schedule. We appreciate the opportunity to work with the City on this project. Should you have any questions or comments regarding this proposal, please do not hesitate to contact us at (407) 321 -7030. Sincerely, Geosyntec Consultants, Inc. Mark W. Ellard, PE, CFM, D.WRE Associate, Water Resources mellard 0geosyntec.com cc: Andy Kirbach - Morgan & Associates Attachments A - Fee Estimate B - Subconsultant Proposal engineers I scientists I innovators Proposal for Ditch Dredging Design & Permitting South Central Ditch Cape Canaveral, Florida September 4, 2013 Attachment A engineers I scientists I innovators Geosyntec° consultants k § \| \� 0 B |\ ! 7_ !• ® !| H :| ! 2! |\ § }:; w e 8 g e e T ,! ■| ,§ „ !| ; ` |j - / {� ` jH( \| \� 0 B Proposal for Ditch Dredging Design & Permitting South Central Ditch Cape Conavera4 Florida September 4, 2013 Attachment B engineers I scientists I innovators Geosynte& consultants August 30, 2013 Mr. Mark Ellard, PE, CFM, D.WRE Associate, Water Resources Geosyntec Consultants, Inc. 6770 South Washington Avenue Suite 3 Titusville, Florida 32780 Subject: Proposal for Engineering & Permitting Services City of Cape Canaveral Central Ditch Dredging Cape Canaveral, Brevard County, Florida Dear Mark, We appreciate the opportunity to provide a proposal for consulting engineering/permitting services for the dredging of the Central Ditch from Central Blvd. south approximately 1,000 ft. My understanding of the requirements for the project is as follows: Survey Phase Field Survey the project area, which includes cross sections within the ditch. Design Phase Prepare exhibits for the maintenance dredging. Technical Specifications will be prepared for the dredging work, if required. Shoreline Resource Survey Prepare a shoreline resource survey to locate protected vegetation (i.e. mangroves) along the shorelines of the project area. A detailed map and written description of the protected vegetation will be prepared. Permitting The above information will be gathered into an application format and submit the package to SJRWMD or FDEP and ACOE. In addition, environmental responses will be prepared, if necessary, to two SJRWMD or FDEP and ACOE RAls, including, but not limited to, narrative descriptions of impacts, site plan, associated environmental maps and figures. Permitting will be coordinated with the client, City of Cape Canaveral, the project engineer, the project surveyor, SJRWMD or FDEP, and ACOE to obtain all information necessary for the completion of the responses. Construction Phase • Construction Observation — 2 visits • As -Built Certification (SJRWMD or FDEP, ACOE, if required) 504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone (321) 751 -6088 • Fay (321) 751 -6089 This Proposal is Prepared Assuming the following. 1. Any boundary and topographic surveys will be provided in AutoCad format 2. All additional and historical utility information will be provided. 3. Activity is not located on Sovereign Submerged Lands (SSL) owned by the State of Florida 4. No offsite engineering/permitting is required. 5. No wetland or endangered species permitting is required. 6. All Application /Permit /Impact fees to be paid by the Owner. 7. Required Geotechnical Engineering/Report will be provided by the Owner. 8. An as -built survey prepared by a Professional Surveyor & Mapper, licensed in the State of Florida, will be provided, if /as required to certify to the regulatory agencies. SCHEDULES AND FEES Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin work immediately. Fees: The fee will be as follows. Survey $9,504 Design $94408 Permitting $6,856 Construction $2,700 Printing/Copies $400 TOTAL $28,868 We propose to provide the above services for a lump sum fee of $28,868.00. Morgan & Associates fee includes print costs for five (5) sets of plans for the Owner. Additional printing requested by the Owner will be billed at $2.50 per standard construction sheet (24" x 36 "). Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and payment will be due within 30 days. Interest of 1.5% will be invoiced on all accounts unpaid after 60 days from receipt of invoice. Work will be stopped on all accounts unpaid for 180 days and a re -start fee will be applied once account has been brought up to date. Additional services not included in the above tasks will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum priorto beginning work. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re- negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by Morgan & Associates, not including reimbursable expenses and sub - consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees. The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Owner nor Morgan & Associates shall assign, sublet ortransfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 30, 2013. Acceptance after this date may necessitate increased fees or altered conditions. Sincerely, Morgan & Associates Consulting Engineers, Inc. AKZ(d idrbach Andy Kirbach, PE Vice President ACCEPTANCE: BY: TITLE: DATE: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/17/2013 Item No. Subject: Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. Department: Public Works Services Summary: In recent years, there has been increased use of stormwater exfiltration systems as a method of stormwater management. The use of exfiltration systems is particularly suitable for small- footprint properties, areas where large parking lots are required and in areas that are nearly built -out. In general, stormwater exfiltration systems installed in sandy soils allow for the infiltration of stormwater to surficial sediments in lieu of discharge to area water bodies via stormwater pipes. Recent implementation of stricter Federal and State stormwater treatment/management laws regulating the discharge of stormwater has also spurred the use of these systems. The practicality of these systems is that they provide large areas for stormwater management and do not require changes to existing land use. The City's new Fire Station Project will use a stormwater exfiltration system (vault system) beneath the parking lot area to reduce the amount of stormwater discharged to the City's existing stormwater system. Documentation of an example stormwater exfiltration system project (vault system) is included as Attachment #1. Staff is proposing the installation of a stormwater exfiltration /reclaimed water disposal system beneath the outfields of the Softball Diamond and Little League Field at Canaveral City Park as outlined in Attachment #2. This would include the redirection of area stormwater pipes to allow for the discharge of stormwater to the exfiltration system, thus allowing infiltration into the surficial sediments. The specific type of exfiltration system to be constructed at the site (vault system or exfiltration piping) will be determined based upon results of computer modeling. Whichever system is utilized, it would include the construction of an emergency overflow structure to allow for the discharge of stormwater into the existing stormwater pipes for extremely large storm events. The Project is divided into two phases — the investigative phase (Phase 1) and the engineering design phase (Phase 2). Phase 1 of this Project includes the following tasks: • Comprehensive survey (including collection of elevation data) of area manholes and other stormwater structures; • Development of a computer model simulating stormwater flow in the area of Canaveral City Park; • Completion of pollutant load analyses to receive stormwater credits from Florida Department of Environmental Protection (FDEP) through the Total Daily Maximum Load (TMDL) Program; and • Review and analysis of conceptual alternative methods. City Council Meeting Date: 09/17/2013 Item No. Page 2 of 2 Phase 2 of the Project will be completed based upon the investigative results of the Phase I activities. These investigative results will also be used to determine the viability of using the selected exfiltration system for the disposal of excess reclaimed water from the City's wastewater treatment plant (WWTP). Use of the site as a reclaimed water disposal site, if approved by FDEP, would eliminate the need to discharge treated wastewater to the Banana River. Since this proposed Project would remove a significant amount of stormwater discharging through the existing stormwater system, the City may receive stormwater credits from FDEP through the TMDL Program. These credits will be awarded based upon the reduced amount of nitrogen and phosphorous discharged to the Banana River. Recognizing the environmental importance of this Project and the need to continue to reduce stormwater discharges to the Banana River, Staff included this Project in the City's State Revolving Fund Loan Application submitted to FDEP. In addition, the City will be applying for an EPA 319(h) grant through FDEP (60% - 40% match) to fund a portion of the Project. After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected GeoSyntec Consultants, Inc. (GeoSyntec) of Titusville, Florida to perform the Project tasks. GeoSyntec is one of the engineering firms selected by the City for Professional Engineering /Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011 -01. A Master Services Agreement for these services has been signed between the City and GeoSyntec. A cost estimate for this Project as prepared by GeoSyntec is included as Attachment # 3. This cost estimate is for Phase I activities only. Submitting Department Director: Jeff Ratliff s R Date: 09/06/13 Attachments: #1 — Example Project. #2 — Location of Project Area. #3 — GeoSyntec Cost Estimate. Financial Impact: $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park to be funded by SRF. Staff time and effort to prepare th s- Agenda Item. �j Reviewed by Finance Director: John DeLeo ! .. Date: / - 3 The City Manager recommends that City Council take the following actions: Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. Approved by City Manager: David L. Greene 0'L-L Date: 9% / City Council Action: [ ] Approved as Recommended [ ] Disapproved Approved with Modifications Tabled to Time Certain Attachment #1 Example Pr oject (from Stormwater Magazine) , d STORMWATER STORAGE FOR CUBESMART HEADQUARTERS ubeSmart, the fourth larg- est owner and operator of self- storage facilities in the country according to the 2011 Self Storage Aimanac, is a self- administered and self -man- aged real estate company focused on the ownership, operation, acquisition, and development of self- storage facili- ties in the United States. CubeSmart owns or manages 479 self- storage facilities across the country and operates the CubeSmart Network, which consists of approximately 850 additional self- storage facilities. The company's services include stor- age customization, logistics services, comprehensive moving services, organizational services, and office amenities. Its self - storage facilities are designed to offer affordable, easily accessible, secure, and, in most locations, climate - controlled storage space for residential and commercial customers, as well as boat storage and mini - storage. Recently, the organization chose to expand its presence in Pennsylvania by opening a location in East Whiteland. Originally, the town envisioned that the site would consist entirely of office space, but when CubeSmart chose to purchase the space, the company decided to relocate its corporate headquarters here and use the other half for storage. The space is divided in half, including Class A offices for 160 employees currently operating out of the Wayne, PA, office, and self- storage facilities. Engineers from Nave Newell Inc. were tasked with designing the new location, which would include the installation of a stormwater management system. Nave Newell is a full - service civil engi- neering, land planning, landscape architecture, and land surveying firm based in King of Prussia, PA. The firm specializes in land development design and approvals throughout Pennsylvania, New Jersey, Delaware, and Maryland. The engineering team from Nave Newell collabo- rated with contractors at Lyons & Hohl Site Contrac- tors to develop the new layout for the site and was faced with a number of onsite challenges when designing the stormwater management system. The engineers had to overcome a 60 -foot topographic grade to establish the building pad and parking area. In addition, the site is the last piece of land to be developed at a prominent intersec- tion and is located at the top of a steep bluff. Because of this, engineers were under close scrutiny by the township, county and s state regulators, and A stakeholders and had ji to be mindful of the quality of the receiving watershed. Nave Newel engineers selected the Cultec stormwater system to detain or temporarily store excess stormwater onsite and allow for infiltration in accordance with both township and state regulations. Because the site is located atop a steep bluff, engineers had to be very careful in establishing the discharge location. Runoff could not be discharged directly over the side of the bluff for fear of erosion down the slope. "We knew that any consistent flow of runoff going over the side of the bluff would eventually cause it to erode and set other potential dangers in motion, says Alex Tweedie, Nave Newell design engineer. "In order to prevent any chance of erosion, a pipe was extended outside the area to cre- ate a discharge site that would be able to adequately receive the runoff." Because only half of the site was dedicated to office space, the demand for parking was greatly reduced. Still, engineers were faced with optimiz- ing the grading to create enough level pads for the parking and reserve park- ing areas. The most efficient solution was to install a subsurface stormwater system. A grass field for reserve park- ing was placed on top of the stormwa- ter system, leaving space for approxi- mately Too additional parking spots. Cultec stormwater chambers replace conventional stormwater retention or detention systems such as ponds, swales, pipe and stone trenches or beds, or concrete struc- tures. The chambers may be used for drywells and may be installed in trench or bed configurations according to site restrictions and client preference. The contact area is maximized by the fully open bottoms and perforated sidewalls. The chambers are typically installed beneath parking areas to capitalize on use of space; however, they may also be placed below grassy areas. Cultec offers the largest variety of chamber sizes and is able to accom- modate almost any site parameter, whether large or small. With sizes from 8.5 to 48 inches tall, the chambers have storage capacities ranging from 0.819 ft' /ft to 17.62 ft' /ft. Given the restrictions of the site terrain and the storage requirement of FORESTER UIIIVERSTIY PRESENTS Erosion Control Systems and in Green Infrastrictusedig 1 PDWO.1 CEUsl Free Webinar! Tuesday, August 27 @ 2pm EDT / 11 am PDT At a time when much of our Infrastructure Is In need of repair, implementing erosion control systems and green Infrastructure can be the most cost- effective solution. Join Jill Pack and Gabriel Weaver for a FREE webinar exploring how Implementing effective erosion control systems in linear and waterway projects can enhance your green infrastructure projects and cost savings. Sponsored by Tensar North American Green Tenser North American Green is the world's leading provider of comprehensive erosion and sediment control solutions, ensuring cost- effective solutions with exceptional results. Register today Q ForesterUniversity .net! Or 0a�nmv NORTH AMERICAN GREEN ANYWHERE September 2013 167 w .stormh2o.wm 93,397 cubic feet, Nave Newell engi- neers chose to use Cultec s Recharger 330XL model for the system. With a capacity of over 400 gallons, this Cultec chamber is one of the larg- est available. it provided a balance of maximizing storage while using a small footprint and best satisfied the require- ments of the CubeSmart site. The unit is 52 inches wide by 30.5 inches high and has an installed length of 7.5 feet with a bare chamber capacity of 75 cubic feet per linear foot. Because of its size, the chamber can help save land space and offer design flexibility. In all, the subsurface Cultec system provided 94,319 cubic feet of storage. Cultees chambers are dome - shaped with perforated sidewalls and fully open bottoms to allow maximum infiltration. In addition, 25 HVLV FC -24 feed connectors were inserted into the side petals of the Cultec stormwater chambers to create an internal mani- fold system. The feed connectors have a larger flow capacity than a 12 -inch (300 - millimeter) - diameter pipe. Coupled with the plastic stormwater chambers, the manifold created an underground detention field that will hold water until it can be cast out. "We prefer to install an open chamber system over a pipe sys- tem because you get a much better overall footprint,' says John Hogan, Nave Newell design engineer. "The Recharger 330XL is a very efficient chamber that has a lower volume in the early stages of a storm" Representatives of Lyons & Hohl Site Contractors, which specializes in residential and commercial turnkey sitework projects, installed the subsur- face system in less than three weeks. The extensive bed included more than 700 chambers placed in 45 rows. Cultec s No. 410 Filter Fabric encases the entire bed, preventing soil intru- sion into the chamber bed. The system occupies 33,088 square feet. It also required 7,264 tons of stone, which provided a 400,b void for the water. The void spaces between the stone add to the storage provided while also assisting in alleviating the load above the system. "Cultec s chambers are created out of lightweight polyethylene, mak- ing the installation fast and efficient" says Mike Hohl, project manager with Lyons g Hohl. "The entire system was installed with only a handful of work- ers. The chambers are durable and corrosion resistant, and their interlock- ing connections help facilitate a fast and foolproof operation' According to Tweedie, Cultec systems were a natural decision due to the nature of the onsite condi- tions. The subsurface system solved the challenges of the topography while maximizing the space above for reserve parking. 6 For related articles: www.stormh]o.com /project- deslgn Learn & Earn with Forester U Hydraulics 101 (For Those Who Skipped li College) David T. Williams, PIi.D., P.E., PH, CPPA, CPESC, O.VJRE, President, DTW and Associates 2- Sossinu S,i; its: Selluild!- ....., 3PDH /0.3 CEU At a loss when hydraulic engineers start talking? Join former IECA President David T. Williams to learn to "talk the talk" and better understand your hydraulic engineers and their reports when they're talk- ing in terms of unsteady flow, allowable sheer stress, Manning's "n', etc. In this 2 -part webinar, we'll discuss the base concepts, terms, and analyses behind hydraulics and hydraulic studies, as well as advanced topics leg., hydraulic scour of structures, weirs, culverts, hydraulic grade control, and bank stabilization), and now all of these are essential for effective hydraulic design. 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I .j . .. ..... , A New Way of Stormwater Management —Applying Asset Management to Stormwater Programs 1 PDH / 0.1 CEU 68 I September 2013 www.stormh2o.00m Attachment #2 location of Protect Area Area SW Lines Location of Project Area T l r GeoSyntec Cost Estimate Geosyntec consultants Mr. Jeff Ratliff, Public Works Services Director Cape Canaveral Public Works Department 601 Thurm Blvd., P.O. Box 326 Cape Canaveral, FL 32920 Subject: Task Order No. 2013 -02 Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida Dear Mr. Ratliff: 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321. 269.5880 w .geosyntecxonn September 6, 2013 Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral (City) with this proposal for the City Park stormwater retrofit project. Work will be conducted pursuant to our June 2011 contract with the City for Engineering & Surveying Services. Geosyntec will be assisted on the project by subconsultant Morgan & Associates, Inc. (M&A). BACKGROUND The City Park Stormwater Retrofit project is located within City limits bounded by Monroe Avenue (north), Harrison Avenue (south), Orange Avenue (west), and Magnolia Avenue (east). The project area includes a primary storm sewer trunk line that runs adjacent to the park area, draining from east to west, outfalling into the Banana River. The project site is located within Section 23 of Township 24 South, Range 37 East. The study area is located within the jurisdiction of the St. John's River Water Management District (SIRWMD). The City is evaluating improvements to its drainage systems to reduce discharges of pollutants associated with stormwater runoff into the Banana River. The reduction of pollutants from stormwater (non -point source) discharges is required as part of the Basin Management Action Plan (BMAP) developed to address the Total Maximum Daily Loads (TMDLs) for the Banana River as part of the overall Indian River Lagoon (IRL) system. The City Park lies adjacent to one of the City's primary storm sewer outfall systems. Open space associated with the Park may provide an opportunity to implement BMPs to provide water quality treatment of stormwater to help meet future BMAP -TMDL requirements. It is noted that the City has not observed any significant flooding associated with this outfall system. The City wishes to investigate the Park area to identify opportunities for retrofitting the drainage system. The goal would be to provide treatment not only for the site runoff but also for some portion of the runoff being conveyed via storm sewer from upstream and lateral areas. Exfiltration as a BMP is believed to be the most advantageous option for stormwater quality treatment. Hydrologic & hydraulic modeling would need to be conducted to evaluate the level of service of the existing system and to establish a baseline for proposed system performance. Water quality modeling would assess the degree of pollutant load reduction of the proposed improvement concept relative to existing conditions. Once an improvement concept is developed, preliminary design specifics can be conceptualized to estimate engineers I scientists I innovators Proposal %or Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Geospte& consultants implementation costs and identify permit requirements. This would allow final design plans, specifications, and permitting efforts to be initiated as a subsequent project phase. SCOPE OF WORK Geosyntec envisions that the overall project will be conducted in two phases: 1) Preliminary Assessment and Improvement Conceptualization, then 2) Design & Permitting Phase. Phase 1 would be completed first to identify the improvement alternative the City wishes to move forward with under Phase 2. This scope of work includes detailed scope and costs for Phase 1 only. An outline of tasks for Phase 2 is included for informational purposes. The following sequence of tasks is proposed for this project. Phase 1 - Preliminary Assessment and Improvements Conceptualization 1. Data Collection — Collect and compile all relevant data necessary for the study from the City, County, and regulatory agencies. This will include plans and permits, City complaint logs, and the City's Stormwater Master Plan. GIS based environmental data (LiDAR, soils, land use, floodplains, jurisdictional, etc.) will be collected as necessary to support the development of a hydrologic & hydraulic model representation of the outfall system. 2. Desktop Evaluation - Conduct a desktop evaluation to compile data from available sources including topographical data and available plans and permits downloaded from the SJRWMD which have pertinent drainage information for the surrounding area. All relevant data would be imported into GIS geodatabases for data management, digital elevation model development, and infrastructure mapping to support hydrologic & hydraulic model development. 3. Field Reconnaissance - A site inspection would be conducted to observe site conditions, drainage patterns, and inspect existing facilities in the project area. This would include detailed inspection of the Park area and outfall system, photographic documentation, and compilation of data. The following field activities will also be completed: o Field Survey - Morgan & Associates will conduct a topographical survey of the City Park area and drainage infrastructure associated with the outfall system in accordance with their subconsultant proposal included as Attachment B. This will include inverts and sizes of upstream and downstream manholes, inlets, pipes, associated with the main trunk lines and laterals. This outfall system survey will detail the entire system due to the sensitivity of maintaining flooding level of services associated with proposed improvement concepts. The surveyor will also collect detailed topographical data from the Park area, as well as immediately adjacent features which may impact construction and /or site access. This will consist of establishing property and easement lines of the Park, establishing control, collecting detailed topographic data suitable for 1 foot contour generation of the Park area. Surveyor will also collect ancillary features including above ground utilities, below ground utilities (based on surface markings from utility locate service), infrastructure entering the project area, trees, mailboxes, etc. engineers I scientists I innovators Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 GeosMte& consultants o Geotechnical Anal, sv is - Geotechnical analysis will be required to evaluate exfiltration option in the vicinity of the Park area. This will be provided by City consultant outside this scope of work. 4. Existing Conditions Analysis - Develop an existing conditions hydrologic & hydraulic model in ICPR or SWMM of the area associated with the City Park and storm sewer system contributing to the outfall. The model would be used to estimate runoff from design storm events in the existing conditions and in a subsequent task be used to evaluate the impact of the proposed improvements on drainage level of service. The analysis would address the following: • A model network (nodes /links) will be laid out in sufficient detail to properly evaluate level of service of the storm sewer outfall system. Use of available topography will be used to delineate subbasins contributing to the drainage network inlet points. • The model will simulate the mean annual 25, and 100 year 24 hour duration storms for general Flood impact. The 10 -year 1, 2, 4, 8, and 24 -hour durations storms will also be run to evaluate level of service under differing rainfall intensity and rate impacts. Regional rainfall totals from the SJRWMD will be used. Florida Modified and FDOT rainfall distributions will be used. • The green -ampt rainfall excess method will be used to estimate runoff due to the need to evaluate small rainfall depth storms and the potential use of the model for long -term continuous simulations. This will require the estimates of impervious area and soil infiltration properties from reference data and site specific geotechnical information (provided by others). • Because of the sensitivity of the storm sewer system to changes in hydraulic grade line, and the significant influence of tailwater (tidal) in the system, it will be prudent to model the outfall network in detail. This will allow for accurate verification of Flood stage and flow impacts in the system based on proposed improvements, and allow for accurate evaluation of level of service. • It is assumed that the 10 year level of service level would apply to the storm sewer, while the 25 year level of service would apply to stormwater BMPs associated with the Park. o Model level of service results will be depicted on exhibits. 5. Improvement Conceptualization - Based on the results of the existing conditions analysis, improvement alternatives will be conceptualized. The goal of this effort will be to maximize the amount of stormwater to be diverted to a Stormwater treatment system (BMP) located at the City Park within the footprint area available for exfiltration, while maintaining 10 year level of service in the associated storm sewer system. A secondary goal would be to eliminate any level of service deficiencies identified during the existing conditions analysis. It is expected that the improvements will be based on exfiltration technologies. The improvements conceptualization analysis will include: engineers I scientists I innovators Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Geosynte& consultants o Develop one (1) improvement concept configuration that redirects stormwater to a centralized exfiltration BMP location at the Park. • The existing conditions model will be adapted to evaluate the performance of the improvement concept. This task would include confirming design criteria, hydraulic constraints, treatment performance, and acceptable configurations. • Recommended conceptual layout of the proposed stormwater system BMP improvement and associated drainage appurtenances will be developed and depicted on CAD /GIS based exhibits. • Improvement concept implementation feasibility will be evaluated using multiple relevant criteria including: cost, flood reduction, water quality improvement, constructability, utility conflicts, long -term maintenance burden, permitting difficulty, and aesthetics /public acceptance. 6. Pollutant load analysis - A spreadsheet based loading model will be developed to compare existing conditions to proposed improvements concept conditions. The model will be setup on an annual load basis using an event mean concentration (EMC) approach from reference data. The model will be compatible with the pollutant load calculation methodology used in the current Indian River Lagoon BMAP -TMDL. 7. A Draft Technical Memorandum will be prepared for City review summarizing the existing conditions and improvement conceptualization. A summary of the data collected during the desktop evaluation and field reconnaissance will also be included. The memorandum will include exhibits and backup modeling calculations sufficient to support the conclusions and recommendations. B. A Final Technical Memorandum will be prepared which incorporates City comments and input. 9. Project Management - General project administration, client coordination, subconsultant oversight, and correspondence /meetings. 51 N 9 VA 0 Al 1.10 *1 a. Two (2) copies of the draft Technical Memorandum will be provided for City review. b. Three (3) copies of the final Technical Memorandum will be provided for City review. A copy of the final Technical memorandum will be provided in PDF format, along with copies of all relevant project data on a CD /DVD. Based upon the results of the Phase 1 preliminary tasks described above, a Phase 2 effort could be undertaken through which construction plans and documents for the preferred stormwater retrofit design would be prepared and the project permitted. These services would be covered by a separate scope of work (not included herein). Potential design tasks are outlined below for informational purposes: engineers I scientists I innovators Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Geosyntee Cape Canaveral, Florida consultants September 6, 2013 Potential Phase 2 Design Tasks 1. 30% Design Meeting - Discuss preliminary design layout, design constraints, and plans production issues with City. Consultant would coordinate the meeting and prepare minutes. Note that the results of the Phase 1 conceptual analysis may suffice for this task. 2. SJRWMD Coordination - Prepare for and meet with the SJRWMD review staff to discuss the proposed concept and identify permit issues and criteria to be met. Consultant would coordinate the meeting and prepare minutes. 3. 60% Construction Plan Documents - After agreement on the 30% conceptual design layout for the water quality units, prepare 60% construction plans and bid documents for the City's review. o Plan set would be I1 "x17" format (or 24 "06" if preferred by the City) and would be anticipated to include the following: • Cover Sheet with Location and Benchmark References -1 sheet • General Notes Sheet - 1 sheet • Summary of Pay Items Sheet - 1 sheet • Drainage Map -1 sheet • Typical Sections - 1 sheet • Summary of Quantities - 1 sheet • Summary of Drainage Structures - 1 sheet • Survey Control Sheet (Project Layout and Benchmark Ties) - 1 sheet • Plan and Profile - 4 -8 sheets @ 1"= 40'scale • Cross - Sections - 4 -8 sheets @ -50 -100' intervals • Drainage Structure Details -1 -2 sheets • Miscellaneous Details -1 -2 sheets • Geotechnical Soils Data -1 -2 sheets • Erosion Control Plan - 2 -4 sheets • Stormwater Pollution Prevention Plan (SWPPP) - 1 sheet • Maintenance of Traffic -1 -2 sheets o Preliminary Cost Estimate. o Prepare special and technical specifications forbid purposes. 4. 90% Construction Plan Documents - Upon receipt of comments from the City, prepare 90% construction plans, engineer's cost estimate, and bid documents for the City's review. S. Utility Coordination - Forward copies of 90% plans to identified utility companies to solicit input on possible conflicts. Reponses will be documented in a memorandum. 6. Draft Permit Preparation - If a permit is determined necessary for the project, prepare draft SJRWMD permit application documents for City's review concurrent with 90% plans, including: engineers I scientists I innmmtors Proposal forStormwater Improvements Evaluation Geosyntec ° City Park Stormwater Retrofit Cape Canaveral, Florida consultants September 6, 2013 • Drainage Report including geotechnical reports. • Permit application forms (assuming a standard general permit). 7. 100% Construction Plan Documents - Upon receipt of comments from the City, prepare, 100% Construction Plans & Specifications, quantities, cost estimate, and specifications for the City's review. 8. Final Permit Preparation & Submittal - If a permit is determined necessary for the project, prepare and submit SJRWMD permit package including application forms, drainage report, and 100% plans (incorporating any comments from City review of draft permit documents). Address any requests for additional information (RAls) Issued by the SJRWMD. 9. Final Construction Documents - Upon receipt of SJRWMD permit, prepare Final Construction Documents to include final plans sign & sealed by a registered Florida P.E., quantities, cost estimate, and specifications, incorporating any additional City comments on the 100% review set. At this time, all data associated with the construction documents would be transmitted on disk. ASSUMPTIONS i. No coordination or pre - application meetings with S)RWMD are included in this current scope. ii. The improvements conceptualization is limited to 1 concept, optimized to meet the projects goals. iii. No ecological, wetland delineation or environmental assessment will be necessary to design and permit this project. As such, these services are not included in this proposal. Engineering and ecological services related to mitigation plans are nQS included in this proposal. iv. Geotechnical assessment of the project site will be necessary to evaluate improvement alternatives. It is understood that the City is procuring this work under separate contract. A copy of the geotechnical testing results will be provided to the consultant. V. The City will make all pertinent data available to Geosyntec, including copies of all scanned documents. Hard copy documents will be made available for scanning. vi. This scope of services has assumed that the consultant will ot be involved in any public involvement meetings during the duration of the project. BUDGET ESTIMATE Geosyntec proposes to provide the services discussed herein for $76.596.00 on a lump sum basis, in accordance with the terms and conditions specified herein and pursuant to our contract with the City. The lump sum amount is based on our estimated budget for performing these services, which includes the labor, subconsultant fees, and other direct costs necessary to complete the work scope described in the proposal, as detailed in Attachment A. engineers I scientists I innovators Proposal far Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Conavera4 Florida September 6, 2013 Geosyntec° consultants The budget estimate includes fees from specialty subcontractors as follows (copies of the subconsultant proposals are included in Attachment B): • Morgan & Associates - provide surveying and mapping of the project area to support modeling and improvements conceptualization. They will also provide peer review QA /QC of the draft technical memorandum. Project efforts will be billed to the City on a lump sum task percent complete basis, based on the major tasks defined in the cost build -up spreadsheet in Attachment A. Individual subconsultant and combined other direct costs will likewise be billed lump sum based on a percent complete basis. Invoices will be structured to list project tasks (and subconsultant / combined other direct cost) with accomplished percent complete, then corresponding budget invoiced, overall budget expended and overall budget remaining. If requested, a separate status report will be provided to the City's project manager providing a narrative of work accomplished supporting the invoice. SCHEDULE Geosyntec and M&A can begin work immediately upon receipt of a Notice to Proceed from the City. Work will commence and proceed in accordance with the schedule provided in Attachment C. CLOSURE The scope, fees, and schedule provided herein are considered valid for 90 days from the date of proposal unless otherwise noted. Aker 90 days, we reserve the right to reevaluate project scope, fees, and schedule. We appreciate the opportunity to work with the City on this project Should you have any questions or comments regarding this proposal, please do not hesitate to contact the undersigned at (321) 249 -9360. Sincerely, Geosyntec Consultants, Inc. I Mark W. Ellard, PE, CFM, D.WRE Associate, Water Resources mel la rd 0geosyntec.com cc: Andy Kirbach - Morgan & Associates Attachments A - Fee Estimate B - Subconsultant Proposal C - Schedule engineers I scientists I innovators Proposal far Starmwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Attachment A engineers I scientists I innovators Geosynte& consultants F w m m L) C y 0 J Q) V c gg888$ 888$$ gg$8 88$ $$§ 8$$g $$ $$$$$$ 8 $8 C ��i FF agg ,°^, S�F73E�g$ 8p g�gG 999 gGiggN a, 1 pp9A gG ApS@ppR899A gS g_g_aa:n�gg AARB.°`. 8A gg 9p9A ggS q 8888? 8&3°°l 888 m Ris $ 8e IMA 88„1 11881 33x33 3333�� $3�� 3333333339 fig �F T -- sa II 33 . -- . - �3833 SFF� �3�3 ai;i$333gggqypyp+p�p+� �giaii�g� $(gX� ■{ va 111IIIIII Fyn - -- - .. d a. - . A .. ., a . A 8887$ ppfifiA $88$$( RpBBpA ppdA 8Fpp 1a A €Fi ABAA ^A� �pp 3 A i 8 a 3 _ � Jr7 e7 �N6 n� jNNN9 n.9j±� Mh.1!N4d� JJ.iG at) A G $ F a V u� L) C y 0 J Q) V O y c � c O Z z r s � gg gggy R93SRSSA8R88B98$ ^_� b38ei $�8< -� gtt3 3 E j � I 11T 3 - - - - - - - T t =� 8g z� m3F "aaaaans "�S k� � k tl; C�e� �F as e s� vae�2- ^p � GaSag8H6949988FdC H�9$ n �a Ga „FF'_ n" It d a t [) = ' =u 6ff��SS44jEa z� yE �scr]EiJf {{ESfEr E Sit �fa��i6�n� Lp=l FF 6�G i V u O y c � c O Z EXHIBIT A2 - REIMBURSABLE OUT -OF- POCKET- EXPENSES City Park Stormwater Retrofit Cape Canaveral, Florida Date: 09/06/13 Geosyntec" Exhibit A2 - Page 1 of 1 Photocopies B/W Copies -8% "xi 1" copy $0.09 1000 $90.00 B/W Copies -11 "x17" copy $0.10 50 $5.00 Color Copies -8% "x11" copy $1.00 250 $250.00 Color Copies -11 "x17" copy $2.00 50 $100.00 Scans 8'/: "x11 ", WIV'x14" 11 "x17" sheet $0.10 0 $0.00 Large Format B/W (17 "x24" 24 "x36" 36 "x48 ") sheet $2.00 0 $0.00 Large Format Color (17 "x24" 24 "x36" 36 "x48 ") sheet $10.00 0 $0.00 Full Size Plans and Plots (plans, public meetings, etc. 24 "x36" B/W Copies sheet $3.00 0 $0.00 24 "x36" B/W Plot sheet $5.00 1 0 $0.00 24 "x36" Color Copies sheet $7.00 0 $0.00 24 "x36" Color Plot sheet $10.00 5 $50.00 36'x48" B/W Copies sheet $5.00 0 $0.00 36 "x48" B/W Plot sheet $7.00 0 $0.00 36 "x48" Color Copies sheet $10.00 0 $0.00 36 "x48" Color Plot sheet 1 $15.00 0 $0.00 - Courier / Express Delivery Service Public Works delivery $20.00 2 $40.00 Downtown Cape Canaveral delivery $20.00 0 $0.00 All other Central Florida areas (permits, etc.) delivery $25.00 0 $0.00 Digital Archiving (include burning and labeling) CD Data each 1 $5.00 0 $0.00 DVD Data each $10.00 1 $10.00 Report Production Binders with Tabs, Covers each $20.00 5 $100.00 Mounting & Laminating (Presentation Materials) Gotor Board (3 /16 ") sf $10.00 0 $0.00 Project Specifc Costs /Fees GRAND TOTAL: 11 Geosyntec" Exhibit A2 - Page 1 of 1 Proposal%rStormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Attachment B engineers I scientists I innovators GeosMtec° consultants j ' AN, __ 1 t vW s s o c a e s Civil Engineers and Land Surve fors B J September 6, 2013 Mr. Mark Ellard, PE, CFM, D.WRE Associate, Water Resources Geosyntec Consultants, Inc. 6770 South Washington Avenue Suite 3 Titusville, Florida 32780 Subject: Proposal for Surveying & Engineering Services City of Cape Canaveral City Park Exfiltration Project Cape Canaveral, Brevard County, Florida Dear Mark, We appreciate the opportunity to provide a proposal for surveying and consulting engineering services for the City Park Exfiltration Project. My understanding of the requirements for the project is as follows: Survey Phase Field Survey (Topographic) the project area and adjacent /contributing storm drain based on the exhibit provided by Geosyntec. A boundary survey of the City Park site (approximately 2 acres) is included. Spot elevations and /or 1' contours will be shown on the survey. Assistance may be required from the City to remove storm drainage structure lids for access to accurately evaluate /survey pipe inverts and visually verify pipe size. Please note that only above ground improvements will be shown on the survey. No underground utilities will be shown unless marked by others and clearly visible at the time of survey. The survey elevations will be based on NAVD 1988 datum. Horizontal control will be based on the State Plane system. QA/QC Review draft and final reports and provide input /comments /recommendations. This Proposal is Prepared Assuming the Following: 1. All additional and historical utility information will be provided. 2. Boundary/Right of Way Survey not included. 3. Construction Drawings/Technical Specifications by other 49 No permitting assistance is required. 5. No wetland or endangered species permitting is required. 69 All Application /Permit /Impact fees to be paid by the Owner. 79 Required Geotechnical Engineering/Report will be provided by the Owner. SCHEDULES AND FEES Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin work immediately. The survey will take approximately 2 -3 weeks and the QA /QC review will be based on Geosyntec's schedule for deliverables. 504 N. Harbor Citv Blvd. • Melbounie. FL 32935 • Phone (321) 751 -6088 • Fax (321) 7514089 Fees: The fee will be as follows: Survey $17,880 QA /QC $3,680 TOTAL $21,560 We propose to provide the above services for a lump sum fee of $21,560.00. Morgan & Associates fee includes print costs for five (5) sets of surveys for the Owner. Additional printing requested by the Owner will be billed at $2.50 per standard construction sheet (24" x 36 "). Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and payment will be due within 30 days. Interest of 1.5% will be invoiced on all accounts unpaid after 60 days from receipt of invoice. Work will be stopped on all accounts unpaid for 180 days and a re -start fee will be applied once account has been brought up to date. Additional services not included in the above tasks will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum priorto beginning work. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re- negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by Morgan & Associates, not including reimbursable expenses and sub - consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees. The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Owner nor Morgan & Associates shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 30, 2013. Acceptance after this date may necessitate increased fees or altered conditions. Sincerely, Morgan & Associates Consulting Engineers, Inc. Ano(U K.'Lrbach Andy Kirbach, PE Vice President ACCEPTANCE: BY: TITLE: DATE: )� a � k � 2 � � § E b B WO41 � � I u Im : ■8■a ■# ° X02 -C4 - - ®®- ®- - ■ t �e■g Ipp m■ § ■ in k e e - ® - -- as �3 2 � ■ ■■ ■■ § § § §� � , - ____ � I V4 ■ _ �2 199 ) o ® -® - k� °e ;22 � - - k� k f�a ■ 4111 to Ol�I a #8 a � �■ ■ �� $§ o a§ c; _ _ __ _ � a■ ■ @2 s_ � ■ ° ■ a � � a � a e 0 § � �2 k �k �a�� �■ § ■ Ipp Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Attachment C engineers I scientists I innovators Geosynte& consultants ATTACHMENT C - PROPOSED PROJECT SCHEDULE CITY PARK STORMWATER RETROFIT CAPE CANAVERAL, FLORIDA SEPTEMBER 6, 2013 Page 1 of 1 ID Task Name Duration Start Finish r r iovembe 1 Noticeto Proceed Iday Phase l- Preliminary Assessment 67 days Field Topographic Survey Data Collection 20 days 1 -Data Collection 5 days 2 - Desktop Evaluation 10 days 3- Feld Reconnaissance 5 days 4- Existing Conditions Analysis 30 days 5- Improvement Conceptualization 30 days 6 - Pollutant Loading Analysis 5 days 7 - Draft Technical Memorandum 5 days Submit Draft Technical Memorandum to City 1 day City Review of Draft Technical Memorandum 10 days 9 - Final Technical Memorandum 5 days Submit Final Technical Memorandum to Qty 1 day Project Close -out 1day Fri 9 /13/13 Mon 9 /16/13 Mon 9/16/13 Mon 9/16/13 Mon 9/23/13 Mon 10/7113 Mon 10 /14/13 Mon 10128 /13 Mon 11/11/13 Mon 11/18113 Mon 11/25/13 Tue 11/26/13 Tue 12/10/13 Tue 12117/13 Wed 12 /18/13 Fri 9/13/13 Tue 12/17/ Fri 10/11/13 Fri 9/20/13 Fri 10/4/13 Fri 10/11/13 Fri 30 125113 Fri 11 /8/13 Fri 11/15/13 Fri 11/22/13 Mon 11/25/13 Mon 12/9/13 Mon 12/16113 Tue 12117/ Wed 12/18 113 9/13 �_.. /20 12/17 -10 /11 014 10 /11 10/25 11/8 11/22 �,I1/25 _ -112/9 —s x,12/16 - ®i12/18 2 3 4 5 6 7 8 9 30 11 12 13 14 15 Geosyntec ° consultants Task Summary Project Summary Manual Summary Rollup Manual Summary '1111"MMMMMOMMv City of Cape Canaveral City Council Agenda Form City Council Meeting ate: 9/1712013 Item No. Subject: Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. Department: Community & Economic Development Summary: The Site Plan Set dated June 14, 2011 and Binding Developer's Agreement for the Casa Canaveral Assisted Living Facility were approved by Council on June 21, 2011. The Site Plan Set expired June 21, 2012 and was reapproved in September 2012. As the 12 -month life of the current Site Plan approval was nearing its expiration, Staff met with developer, Danny Ringdahl, to discuss improvements to the Plan. Staff expressed desire for increased vehicular visibility around the northwest corner of the building and additional parking lot landscaping. In the interest of safety, Mr. Ringdahl agreed to remove eight (8) living units from the northwest corner of the building, thereby increasing visibility and allowing for a wider turning radius. He also agreed to add landscaping islands in the parking areas. While Mr. Ringdahl agreed to the revisions, he requested that the existing site plan be reapproved and that the Developer's Agreement be revised to call for the site plan to be revised after financing for the project had been obtained. The agreed upon revisions to the site plan are being memorialized by amendment of the Developer's Agreement. The Agreement calls for a revised site plan to be submitted to the City and approved prior to the issuance of a building permit. Submitting Director: Barry Brown 33 Date: 09/09/13 Attachment: Modification to Binding Developer's Agreement. Financial Impact: Staff time and effort to prepare Agenda item. Reviewed by Finance Director: John DeLeo Date: A I'��'� The City Manager recommends that City Couno take the following actions: Approve Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. E)-V4- Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Katherine W. Latorre, Esq. Assistant City Attorney of Cape Canaveral Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425 -9566 CASA CANAVERAL MODIFICATION TO BINDING DEVELOPER'S AGREEMENT THIS MODIFICATION TO ( "Modification ") is made by and between municipal corporation ( "City "), whose prin, Florida 32920, and PUERTO DEL RIO, ( "Owner "), whose principal address is 750 Florida 32931. BINDING DEVELOPER'S AGREEMENT the CITY OF CAPE CANAVERAL, a Florida cipal address is 105 Polk Avenue, Cape Canaveral, L.L.C., INC., a Florida limited liability company North Atlantic Avenue, Suite 1209, Cocoa Beach, WITNESSETH. WHEREAS, the City and Owner entered into a Binding Development Agreement on June 30, 2011, recorded in Brevard County Official Record Book 6418, Page 2633 ( "Agreement "), related to Owner's development of an assisted living facility on Owner's property ( "the ALF Property "); and WHEREAS, the City and Owner desire to modify the Agreement to memorialize Owner's obligation to formally revise the approved site plan for the ALF Property prior to the City's issuance of any building permits for the development; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Agreement to effectuate the modified development of the ALF Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Re, c=. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. MODIFICATION TO BINDING DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 1 of 3 2.0 Revision to ALF Site Plan. Owner agrees that prior to the City's issuance of any building permits to develop the ALF Property that the ALF Site Plan, which was approved by the City Council on June 21, 2011, is required to be amended to remove eight (8) units from the northwest corner of the building and to add landscape islands to the parking areas consistent with the requirements of the City Code. Owner's application to revise the ALF Site Plan shall be submitted, reviewed and processed pursuant to the City's standard requirements and procedures established by the City Code. 3.0 Other provisions. Any provision of the Agreement not expressly modified by this Modification shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. CITY: City of Cape Canaveral, a Florida municipal corporation. Bv. Rocky Randels, Mayor Date. ATTEST: By Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only. CITY SEAL By: STATE OF FLORIDA COUNTY OF BREVARD Anthony A. Garganese, City Attorney for the City of Cape Canaveral, Florida The foregoing instrument was acknowledged before me this day of 2013, by Rocky Randels and Angela Apperson, well known to me to be the Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. MODIFICATION TO BINDING DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 2 of 3 (NOTARY SEAL) Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires. OWNER. Puerto Del Rio, L.L.C., a Florida limited liability company. By: D Paul LLC, its managing member. Danny P. Ringdahl, Manager Date. The foregoing instrument was acknowledged before me this day of 2013, by Danny P. Ringdahl, as Manager of D Paul LLC, managing member of Puerto Del Rio, L.L.C., a Florida limited liability company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.. My Commission Expires. MODIFICATION TO BINDING DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 3 of 3 brga °m� City of Cape Canaveral City Council Agenda Form City Council Special Meeting Date: 09/17/2013 Item No. r Subject: Resolution No. 2013 -21; authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date. Summary: The City and the Cape Canaveral Volunteer Fire Department, Inc. (CCVFD) entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City, via Resolution 2007 -27, attached. The City Council annually considers /approves a resolution authorizing an Addendum to the original Contract which has a 10 year term that extends through September 30, 2017. On January 17, 2012 the City Council approved an Agreement for Deed with the Cape Canaveral Volunteer Fire Department, Inc., where CCVFD agreed to deed the fire station property to the City. The City agreed to construct a new fire station within three years and to extend the contract with CCVFD for 20 years from the date of the certificate of occupancy for the new building. Under the Addendum put forth, the parties agree as follows: 1. The Contract requires the City and CCVFD to re- negotiate the base Contract price each year after the first year. The parties have agreed to a revised base annual contract price for Fiscal Year 2013/14 year of $1,531,800 payable $127,650 monthly. The total cost for Fire /Rescue services for FY 2013/14 is $1,752,461. 2. Provide for the twenty year extension of the contract upon issuance of the certificate of occupancy for the new building. 3. Amend the language of Paragraph 18 to include 'To the Extent permitted by law and subject to the limitations set forth in Paragraph 22 of this Agreement," 4. Amend the language of Paragraph 21 to reference the correct section of the City Charter. 5. Amend the contract to cite the correct limits for sovereign immunity under Section 768.28, Florida Statutes. 6. Amend the contract to add language required by Florida Statute in relation to Public Records. 7. Amend the contract to add a new paragraph related to the need for a written lease for the new building. 8. Agree to keep Exhibit "A" to the Operating Equipment Lease Agreement updated. 9. Except as modified by this Addendum, the Contract shall remain in effect. Submitting Department Director: Angela M. Apperson Date: 9/10/2013 Attachments: Resolution 2007 -27 with attachments; Resolution No. 2013 -21 and addendum City Council Meeting Date: 09/17/2013 Item No. S Page 2 Financial Impact: As put forth in the City's 2013 -2014 Annual Budget and reflected in the 2013 -2014 Contract Addendum, the City agrees to pay Cape Canaveral Volunteer Fire Department, Inc. the base annual Contract price of $1,531,800. In monthly installments of $127,650. Reviewed by Finance Director: John DeLeo IQ Date: The City Manager recommends that City Council tak the following actions: Adopt Resolution No. 2013 -21. Approved by City Manager: David L. Greene (3 'il4- Date: ?//&)F/3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO, 200747 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND AN OPERATING EQUIPMENT LEASE BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1. 2007 through September 30. 2008. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. The Mayor and City Clerk are authorized to execute an Operating Equipment Lease Agreement between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. for a (10) year term commencing on October 1.2007 until September 30, 2017. A copy of said Operating Equipment Lease Agreement is attached hereto and made part hereof by this reference as if fully set forth. i i City of Cape Canaveral, Florida Resolution No. 2007 -27 Page 2 SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 25th day of September, 2007. ATTEST: -t Cil Clerk to Form: Anthony A. Garganese, City Attorney Rocky Randels, Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts For Against X Motion Second X X �• .). IM 1% THIS AGREEMENT entered into this day of September, 20,Q.7., by and between the QTY OF CAPE CANAVERAL, Florida, (hereinafter called the City), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non -profit Florida corporation, (hereinafter called the Corporation). YAITNESSETH: WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fine protection and emergency medical services, and WHEREAS, the electors of the City of Cape Canaveral bymajorityvote have directed the Mayor and City Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services; NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in fu therconsideration of the payments hereinafter set forth, the parties hereto agree as follows: City of Cape Canaveral, Florida. • • • • • • • • �� • • M0V1MP s 1 811go31 1 '� 11•" 1 • • • I providing for emergency fire protection services outside of the municipal boundaries of the City. 3. The Corporation agrees to respond to anyother emergency situation when ordered to do so bythe City lial �. • • •' • • • • •• • • �1 i • • • • • i • • • • • • • • • • ' I • • ' • i to the providing of the services referred to herein. 5. The Corporation agrees to require its members to attend training sessions in order to achieve and maintain the degree of proficiencyrequired bythe State of Florida for firefighters. The Corporation also agrees to undergo additional training as maybe required bythe atyat reasonable times and upon reasonable notice; special training shall be administrated by State Certified Fire Service Instructor. 'This expense will be in addition to the amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in advance.. 1 0 These Rules 6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire protection service to the City. A copy of these rules and regulations are available for review by the City during normal working hours. 7a T • or • • • • 1 • maintain • • 1 • training ' • • • • allow 1 inspection • copying of such records by the City upon two working days notice to the Corporation. Page 1 of 5 8. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shift. Trained firefighter shall mean possession of State Certification as Firefighters, or greater. The Corporation shall immediately notifythe City Manager, in writing, should said 24 hour shift fall below seven (7). 9. The Corporation shall provide the Citywith the level of service and all support services ' thereto as follows. (a) At all times there shall be seven (7) trained firefighters on duty to respond to calls. (b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one a 'minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These personnel can also be the personnel required in paragraph 9(a). (c) The Fire Chief of CCVFD shall perform the duties as the Cites Fire Chief for all prevention, fire, and emergency medical services activity. (d) The Corporation shall provide the services of a Fire SafetyInspector. The Fire Safetylnspector shall perform those services on behalf of the City as are set forth in Florida State Statute 633, and the Cry Code of Ordinances. 10. The City shall provide fire fighting ' equipment to the Corporation which shall be used within the corporate limits of Cape Canaveral or in such other geographical area as determined bythe senior officer on duty. The Corporation shall have the authority over the day to day use of said equipment in canying out its duties under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the City. 11. All personnel used by the Corporation in the performance of this Agreement shall be members or employees of the Cape Canaveral Volunteer Fire Department, Inc. 12. The Corporation agrees to obtain Public Liability, Casualtyand PropertyDamage Insurance, insuring the Corporation and the City against any and all claims, demands, and causes of action for bodily injury or property damage relating to the performance of any dutyor obligation herein set forth, including acts or omissions of the Corporation's Paramedic and EmergencyMedical Technician personnel. The limits of said policies shall be in the amount of $1, 000, 000.00. The Corporation also agrees to provide Worker's Compensation coverage for the firefighters so long as they are acting within the scope of their duties; and fire, storm, and property damage insurance on the Fire Stations. The Corporation agrees to maintain the insurances required bylaw on its Defined Benefit Retirement Plan. The City shall pay the Corporation, in addition to the other sums payable under this contract, one -half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will provide the City-with copies of the certificates of insurance indicating that the City *is an additional insured there Page 2 of 5 under. 13. The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,200,720. The compensation provided for herein shall be paid mondAyM the sum of $100,060 per month commencing on the fast day of October, 2007, and continuing on the first day of each month thereafter. The base contract price for each successive year of this Contract shall be renegotiated by the parties annually. The City agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles, equipment, personnel, and supplies, less any disaster relief funding provided by another agency. 14. The Cky agrees to make an annual payment of one half (1/2) of the total cost to the Corporation for the Volunteer Length of Service Award Program 15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of October 2007, and ending on the thirtieth day of September, 2017. 16. This Agreement may be terminated, or any terms thereof modified, altered, or amended at anytime by mutual agreement of the parties hereto. 17. In the event either party defaults in the performance of any obligations under this Contract, and said default continues for a period of thirty (30) days after written notice of such default, this Contract maybe canceled at the option of the other party. No delay 'in enforcing any right hereunder shall be deemed a waiver of any rights the non defaulting party may have in these premises. 18. To the extent permitted bylaw and subject to the limitation set forth in Paragraph 22 of this Agreement, the atyand the Corporation each indemnifyand will hold the other whole and harmless from anyand all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and Corporation assumed the obligations of this agreement. 19. During the duration of this agreement, all disputes or disagreements between the parties relative to either party's performance under the terms of this agreement, will be presented specifically, in writing, by the party c the dispute. 'Thereafter, the responding partywill answer specific* in writing within thirty (30) days to the claimant. Within fifteen (15) days thereafter, the patties will be at a mutuallyagreeable time and place to either settle the dispute, or mutuallyagree to the facts and issues. Thereupon, if not settled, each partyshall submit the issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682. 20. Notice or other writing required or permitted under this Agreement shall be given to the Corporation, Page 3 of 5 attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City, attention City Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920. 21. This Agreement is subject to Article IV, section 4 of the City Charter and applicable provisions of the CityCode. Corporation agrees to fullycomplyw6 the CityCAde and anyamendments to Article IV, section 4 of the City Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the qualified electors of the City, by referendum election, choose toeliminate the City Charter provision which requires the City to contract with the Corporation, or Article IV, section 4, is declared invalid by a court of law, the C'ityshall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation. If the City elects to terminate this Agreement, the City and Corporation shall have no further liability orobligation under this Agreement. In addition, should the City elect to create its own fire department upon termination of this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the exception of the Fire Chief, provided said employees can satisfy the minimum hiring standards of the Citythat are in place at the time of hiring. Said preference will expire six months from the date that the City creates its own fire department. 22. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreemem shall be construed as a waiver of the City's right to sovereign unmuni ru tyunder section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the Catyshall 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 one hundred thousand dollars ($100,000.00), 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 two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. Page 4 of 5 authorized of ficers, has executed this mismament this Zdw day of September 204. QTY OF CAPE CANAVERAL, FLORIDA A municipal corporation Bye Q© Rocky Randels, yor ATTEST: Susan Stills, City Clerk .(©ORPORATE SEAL) IN -WETNESS WHEREOF, the undersigned CAPE DEPARTMENT, INC., a non profit corporation, by its authorized officers, has executed this inst urnent this _ day of September 20_. AT"I EST: Brian Teek Secretar, (CORPORATE SEAL) CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENTjT1C., By Page 5of5 J• -- The QTY OF CAPE CANAVERAL (QTY) as Lessor, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC (QCVFD) as Lessee, enter *into this Operating Equipment Lease Agreement this Ay of September, 2007, and agree as follows. 10 The QTY leases the fire equipment and fire vehicles listed on attached Exhibit "A" to the CCVFD for the use of the OCVFD in performing its obligations under the fire service contract between the parties dated the day of September, 2007. 2. The parties hereto acknowledge that title to the fire equipment and fire vehicles is and shall 06011M'151111 M4F*W*"1=T8=1 3. The OCVFD will pay the QTY the sum of $1.00 for the term of the lease of said equipment. 4o The OCV11D agrees to keep the leased equipment in good repair and condition and further agrees to use said equipment only for the purposes set forth in the above referenced fire service contract. during the term of this lease in policy amounts acceptable to the QTY. 6. The term of this lease shall be from 1st day of October, 2007 until the 30th day of September, 2017, unless sooner terminated by the mutual agreement of the parties. In the event the fire service contract between the parties is terminated prior to the 30th day of September, 2017, this lease shall terminate simultaneously. IN WITNESS WHEREOF, we have set our names and seals on the date above written. LESSOR ATTEST: awl- 19 1111161419 •• ej W 093 0 L 46P •9 •± • . . , . . . . . As I 11, 1 By: The foregoing instnunent was acknovAedged before me this dayof A40mfkboe 2007 by not take an oath. C'1'1 LESSEE: t• • CAP DEP IM My C mmission expres: . (SEAL) - The foregoing instnunent was acknowledged before me this S4 dayof l:v�r,,,,�,� , 2007 by David J. Sargeant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC, who is personally known to me and who did not take an oath. NOTARY My commission expires: (SEAL) 2 NOTARY PUBLIC - STATE, Ok FLORIDA Heidi Strickland Commission # DD476536 Expires: OC E 22, 2009 Bonded Thm Atlantic Bonding Co., Inc. EXHIBIT "A" - CITY YEAR MAKE/MODEL 1991 International /Pierce Eng52 2005 Pierce Quantum Pumper SQ52 1997 Hacknee International Support52 2002 Pierce Quantum Ladder Trk52 2001 Pierce F550 MiniPumper S053 2004 Ford Ranger Pickup Fire Inspector 2005 Ford F250 Pickup F5 2003 Ford Crown Victoria F1 2001 Ford Expedition District53 2003 Dodge Intrepid 2007 Ford Expedition VIN# 1 HTSONZR5NH401331 4P1 CU01 S65AO05326 1 HTSDADNOVH409832 4P1 CT02562AO02116 1 FDAW57F21 EB19338 1FTZR45E44TA17915 1 FTSW205X5EB62453 2FAFP71 W83Xl l 9198 1 FMPU16LXl LA72488 2FAFP71 W6YX164342 1 FMFU16557LA42207 OWNERSHIP CITY CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT RESOLUTION NO. 2013 -21 A RESOLUTION OF THE CITY OF CAPE COUNTY, FLORIDA; AUTHORIZING AN CONTRACT FOR FIRE PROTECTION AND SERVICES BETWEEN THE CITY OF CAPE CA THE CAPE CANAVERAL VOLUNTEER FI PROVIDING FOR AN EFFECTIVE DATE. CANAVERAL, BREVARD ADDENDUM TO THE EMERGENCY MEDICAL ►NAVERAL, FLORIDA AND RE DEPARTMENT, INC.; WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2013 through September 30, 2014. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTION PAGE FOLLOWS. City of Cape Canaveral, Florida Resolution No. 2013 -21 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17�h day of September, 2013. ATTEST: Angela Apperson, MMC, Assistant City Manager /City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh For Against ADDENDUM CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THIS ADDENDUM is entered into this 1" day of October 2013, by and between the CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City "), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non - profit Florida corporation (hereinafter called the "Corporation "). WHEREAS, Corporation currently provides fire protection and emergency medical services to the City and its citizens pursuant to City Charter and that certain Contract for Services approved by the parties and memorialized in writing by City Resolution 2007 -27, as amended (hereinafter "Agreement "); and WHEREAS, the current term of the Agreement expires on September 30, 2017; and WHEREAS, the City is currently in the process of awarding a bid to construct a new fire station on real property that will be acquired from the Corporation in accordance with that certain Contract for Deed, dated January 17, 2012; and WHEREAS, at such time the new fire station is constructed and a certificate of occupancy issued by the City, the parties desire to extend the term of this Agreement for a period of time equal to twenty (20) years from the date that the certificate of occupancy is issued by the City; and WHEREAS, in accordance with past practices desire to establish a base contract price for City fiscal City's annual budget process; and under the Agreement, the parties also year 2013/2014 in accordance with the WHEREAS, when the Agreement was approved by the City Council in 2007, certain terms were recommended by the City Attorney and approved by the City Council, however, the parties cannot determine whether the terms were actually included into the final draft of the Agreement; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2013 -2014, memorializing certain terms recommended by the City Attorney in 2007 and adopted by the City Council by reference when Resolution 2007 -27 was adopted, modifying the term of the Agreement when the new fire station is constructed, and complying with a recent change in law regarding public records; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the Corporation agrees as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Paragraph 13 of the Agreement, the base annual contract price for City fiscal year 2013/2014 shall be $1,531,800.00. The compensation provided herein shall be paid 1�Page monthly in the sum of $127,650.00 per month commencing on the first day of October 2013 and continuing on the first day of the month thereafter. The parties shall negotiate the base contract price for each successive year of the Agreement annually. 3.0 At such time the City issues a certificate of occupancy for the new fire station building to be constructed on the real property legally described below, Paragraph 15 of the Agreement shall immediately be deemed amended to read as follows: The term of this Agreement shall be for a period of time of twenty (20) years, commencing on the date that the City issues a certificate of occupancy for the new fire station building to be constructed and located on real property legally described as Lots 7, 8, 15 and 16 Block 25 AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. 4.0 Paragraph 18 of the Agreement is hereby amended to read as follows: To the extent permitted by law and subject to the limitations set forth in Paragraph 22 of this Agreement, the City and the Corporation each indemnify and will hold the other whole and harmless from any and all manner of action and actions, causes and causes of action, suits, trespasses, judgments, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and Corporation assumed the obligation of this Agreement. 5.0 Paragraph 21 of the Agreement is hereby amended to read as follows: This Agreement is subject to Article IV, section 4.05 of the City Charter and applicable provisions of the City Code. Corporation agrees to fully comply with the City Code and any amendments to Article IV, section 4.05 of the City Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the qualified electors of the City, by referendum election, choose to eliminate the City Charter provision which requires the City to contract with the Corporation, or Article IV, section 4.05, is declared invalid by a court of law, the City shall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation, If the City elects to terminate this Agreement, the City and Corporation shall have no further liability or obligation under this Agreement. In addition, should the City elect to create its own fire department upon termination of this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the exception of the Fire Chief, provided employees can satisfy the minimum hiring standards of the City that are in place at the time of hiring. Said preference will expire six months from the date that the City creates its own fire department. 6.0 The Agreement is hereby amended to add a new Paragraph 22 as follows: 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 2 1 P a g e under section 768.28, Florida Statutes, 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). This paragraph shall survive termination of this Agreement. 7.0 The Agreement is hereby amended to add a new Paragraph 23 as follows. In accordance with section 119.0701, Florida Statutes, Corporation agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Corporation agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Corporation also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Corporation shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Corporation shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Corporation upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Corporation does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Corporation fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Corporation's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Corporation prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Corporation. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Corporation's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 8.0 The Agreement is hereby amended to add a new Paragraph 24 as follows: During the Term of this Agreement, the Corporation shall lease from the City, the fire station located on the real property legally described as Lots 7, 8, 15 and 16 Block 25 AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. The lease shall be subject to this -3 1 Page Agreement and certain terms and executed by the parties. the written lease, the conflic apply. 900 The parties agree to September 25, 2007, updated set forth on Exhibit "A." and conditions of a written lease agreement that is approved To the extent of any conflict between this Agreement and ting terms and conditions more favorable to the City shall keep the Operating Equipment Lease Agreement, dated at all times including, but not limited to, the equipment list 10.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions. 11.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on their respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: City of Cape Canaveral Rocky Randels, Mayor Date. ATTEST. Angela Apperson, City Clerk CORPORATION: Cape Canaveral Volunteer Fire Department, Inc David Sargeant, Fire Chief /CEO Date. APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY. Anthony A. Garganese, City Attorney 4 Page