HomeMy WebLinkAboutAgenda Packet 06-17-2014CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official /Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tern or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tern or Meeting Chair.
PLEASE KEEP CELL PHONES AND 0 THER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
June 17, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:30 p.m.
2014 Advanced Institute for Elected Municipal Officials (IEMO) Certificate of Completion
to Council Member Betty Walsh.
Certificate of Recognition to Mayor Rocky Randels for his advocacy efforts as a
member of the Florida League of Cities Space Coast Advocacy Team by Kathy Till,
Advocacy Programs Coordinator.
CONSENT AGENDA:
6:30 p.m. — 6:35 p.m.
Approve Minutes for Regular City Council Meeting of May 20, 2014.
2. Approve Task Order No. 5 in the amount of $164,387 to Tetra Tech, Inc. for
preparation of Engineering Drawings /Bid Specifications and performance of
Construction Management related to the upgrades of Lift Station Nos. 6 and 7
and authorize the City Manager to execute same.
3. Approve Task Order No. 3 in the amount of $86,420 to GeoSyntec Consultants,
Inc. for preparation of Engineering Drawings and Bid Specifications related to the
installation of a stormwater exfiltration system beneath Canaveral City Park and
authorize the City Manager to execute same.
City of Cape Canaveral, Florida
City Council Meeting
June 17, 2014
Page 2 of 2
4. Award the Manatee Park Paving Lot Improvements Bid #2014 -05 to Wm.
Turnbaugh Construction, Inc., in the amount of $87,745 and authorize the City
Manager to execute the Construction Agreement for same.
PUBLIC HEARING:
6:35 p.m. — 6:45 p.m.
5. Ordinance No. 06 -2014; amending section 90 -172 of the Cape Canaveral Code
of Ordinances regarding banks of detention and retention areas; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the
Code; severability; and an effective date, second reading.
6. Ordinance No. 07 -2014; amending Chapter 54, Parks and Recreation, of the
Code of Ordinances; providing a definition of City Parks; providing procedures for
the naming of City Parks; providing Rules and Regulations for City Parks;
authorizing the City Council to award certain franchises for surf, paddleboard and
kayak instruction by competitive bid pursuant to certain requirements and
restrictions; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date,
second reading.
ITEMS FOR ACTION:
6:45 p.m. — 7:15 p.m.
7. Designate one (1) City Official to be the Voting Delegate at the 88th Annual
Florida League of Cities Conference scheduled for August 14 -16, 2014 — Westin
Diplomat, Hollywood, Florida.
8. Ratify the Composite City Manager Performance Evaluation and
discuss /determine how to proceed with the provisions of Section 2, Salary and
Evaluation, of the Employment Agreement between the City of Cape Canaveral
and City Manager David L. Greene.
REPORTS:
7:15 p.m. — 7:30 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made
by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such
purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office
(868 - 1220 x220 or x221) 48 hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 6/17/2014
PRESENTATIONS / INTERVIEWS
Subject: 2014 Advanced Institute for Elected Municipal Officials (IEMO) Certificate of
Completion to Council Member Betty Walsh.
Department: Legislative Services
Summary: The Florida League of Cities (FLC) and the John Scott Dailey Florida
Institute of Government have designed an intensive academic program called the
Institute for Elected Municipal Officials (IEMO). IEMO assists elected officials in
effectively meeting the requirements of their elected role and offers a comprehensive
overview of Florida municipal government.
Council Member Betty Walsh attended the training program May 2 -3, 2014 in Altamonte
Springs, Florida. Attendance at the Advanced Institute is indicative of Ms. Walsh's
continued commitment to improving the quality of municipal government in Florida.
Submitting Department Director: Angela Apperson Date: 6/2/2014
Attachments: FLC Letter, Information Sheet and Certificate
Financial Impact: Staff time to prepare Agenda
"N ) U
Reviewed b Finance Director: John DeLeo Date: 6 S �/ /
The City Manager recommends that City Counc'I ake the following action:
Present the 2014 Advanced Institute for Elected Mu icipal Officials (IEMO) Certificate of
Completion to Council Member Betty Walsh.
Approved by City Manager: David L. Greene Date: 6 6 /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
( ] Approved with Modifications
Tabled to Time Certain
op`0GuE of�'f
301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302 -1757 • (850) 222 -9684 • Fax (850) 222 -3806 • www.floridaleagueofcities.com
May 30, 2014
The Honorable Betty Walsh
Council Member, City of Cape Canaveral
P. 0. Box 326
Cape Canaveral, FL 32920
Dear Council Member Walsh:
On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, I am
pleased to award this certificate to you for the completion of the Advanced Institute for Elected
Municipal Officials held May 2 -3, 2014 in Altamonte Springs, Florida.
We hope that you found the program challenging and worthwhile. We encourage you to take
advantage of other training opportunities through the FLC University and the Institute of Government.
We strongly believe that your attendance at the Advanced institute is indicative of your continued
commitment to improving the quality of municipal government in Florida. If we may be of assistance in
the future, please do not hesitate to call upon us.
We hope to see you at future FLC and IOG events!
Sincerely,
Lynn S. Tipton
Director of Membership Development
Enclosure
President P.C. Wu, Councilmember, Pensacola
First Vice President Lori C. Moseley, Mayor, Miramar • Second Vice President Matthew D. Surrency, Mayor, Hawthorne
Executive Director Michael Sittig • General Counsel Harry Morrison, Jr.
Advanced Institute for Elected Municipal Officials
The Florida League of Cities and the John Scott Dailey Florida Institute of Government are
proud to bring you the Advanced IEMO. Begun in 1993, this program is a continuation of the
very successful Institute for Elected Municipal Officials (IEMO). Hundreds of mayors, council
members and commissioners have participated in this highly rated course.
ranced Institute
Aunicipal Officials
The Advanced IEMO is reserved for participants and graduates of the IEMO, or those elected
city officials who have completed one or more terms in office. Participants will be asked through
the registration process which criteria they meet. This intensive two -day program, held on a
Friday and Saturday, features four classes and two workshop -style lunches.
Instructors have been selected for their ability to convey important information in a participatory
style. Class size is limited, so please register early. For registration information, contact the
Florida Institute of Government at UCF at (407) 882 -3960 or send an email to Marilyn Crotty.
Dates and Sites
• May 2 -3, 2014 -- Embassy Suites Orlando North, Altamonte Springs
Registration Form Schedule Online Registration
• October 24 -25, 2014 -- Orlando Area TBA
Curriculum
The curriculum is divided into four instructional modules, taught in the following schedule:
Day One
Part II of Effective Council Techniques: Decision - Making Models and Media Relations: 3-
hour class includes: group decision - making models and best practices for consensus - building;
second half of class is role - playing with different media situations and discussions related to TV,
radio and one -on -one interviews as elected officials; closes with best practices for message
delivery.
Growth Management in Florida: 4-hour class includes: history of land -use planning and
Florida's growth management laws over past 100 years; current law and review process by state;
concurrency requirements; 20 -year comprehensive land -use plans and their adoption and
amendment cycles; discussion of planning issues for cities.
Lunch activity: One hour discussion on advocacy and lobbying with FLC officers and board
members.
Day Two
Advanced Revenue and Finances for Cities: 3.5 hour class includes: trends and issues with the
municipal property tax; overall discussion of municipal taxation limits; use of tax - increment
financing, assessments and other fees; creative funding uses for large projects and infrastructure
and best practices for financing the same; discussion of revenue structures overall and what is
trending in Florida; resources to learn more about FL fiscal capacity and state financing issues.
Building Your City's Team: Personnel and Labor Issues: 3 -hour course includes: city hiring
practices and tips; labor roles within a city if unions exist, and what specifically the council
may /may not do; labor relations within Florida and what U.S. laws apply; review of best
practices in labor negotiations; class closes with an open - question forum related to city staff, best
practices in elected -staff relationships.
Lunch activity: One -hour continuation of advocacy program with FLC lobbying staff.
Certificate for Completion: A certificate of attendance will be presented within a few weeks of
successful completion of the program of study.
Registration and Fees: A registration fee of $245 covers instructional costs, materials,
refreshment breaks and two working lunches. Be sure to note the advance registration deadline,
as space will be limited. See registration form for details.
For cancellations, written notice must be received no later than the advance registration deadline
to receive a refund.
Additional Training: Numerous trainings on topics ranging from grassroots advocacy to
cultivating effective citizen advisory boards are offered by the Institute of Government and the
Florida League of Cities.
The Institute of Government offers online ethics training, as well as an annual ethics
conference.
The Florida League of Cities also offers several training opportunities throughout the year
including an annual educational conference and legislative conference.
=�k Advanced institute
fnrElected Municipal Officials
Certificate of Completion
May 2 -3, 2014 9 Altamonte Springs, Florida
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
PRESENTATIONS / INTERVIEWS
Subject: Certificate of Recognition to Mayor Rocky Randels for his advocacy efforts
as a member of the Florida League of Cities Space Coast Advocacy Team by Kathy Till,
Advocacy Programs Coordinator.
Department: Administrative Services
Summary:
Formed as a group of municipal governments for the first time in 1922, the Florida
League of Cities is the united voice for Florida's municipal governments. Its goals are to
serve the needs of Florida's cities and promote local self - government. The League was
founded on the belief that local self - government is the keystone of American
democracy.
The Florida League of Cities Space Coast Advocacy Team was formed in November
2013 and includes the cities of Brevard County. The Team advocates on behalf of the
City of Cape Canaveral and cities in Florida by building /strengthening relationships with
State legislators through advocacy strategies developed by the Advocacy Team
Members.
Kathy Till, Advocacy Programs Coordinator for the Florida League of Cities, is here to
present a Certificate of Recognition to Mayor Randels tonight.
Submitting Department Director: Angela M. Apperson hN Date: 06 -02 -2014
Attachment: None
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council to the following action:
Present the Certificate of Recognition to Mayor Rocky Randels for his advocacy efforts
as a member of the Florida League of Cities Space Coast Advocacy Team by Kathy Till,
Advocacy Programs Coordinator.
Approved by City Manager: David L. Greene t9` Date: CW I'-)
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ) Tabled to Time Certain
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 20, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at ;°� ` , and led the pledge
of allegiance. Mayor Randels reminded everyone to speak i -1 a microphone.
ROLL CALL:
Council Members Present:
Council Member John Bor
Council Member B66';H
Mayor Pro Tern Buzz %et
Mayor %; Rocky'R`
Council Member ° % Betty Wa
Others Present:
City Manager
City Attorney
Administrative Serval
Finance Director
Community 4.g,/
/9
Planning
Leisur
Publ'
Pub is
Brevard
Cape Ca
ces urr
Services//`
Services
PUBLIC PARTII
Sheriff
UoIunI
ty Di
Dept. Assistant Chief
els
David L. Greene
Anthony Garganese
Angela Apperson
John DeLeo
Todd Morley
David Dickey
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Paul Ring
John Cunningham
George Geletko, an` independent consultant for Waste Management, urged the City
Council to publish a Request For Proposals (RFP) for Solid Waste Services and allow
Waste Management the opportunity to compete for the services.
Dina Reider- Hicks, Public Affairs Manager for Waste Management, shared
implemented /upcoming innovations such as a State of the Art, high -tech Recycling
Center or Material Recovery Facility (MRF); compressed natural gas (CNG) vehicles,
with the soon to be constructed fueling station, and big belly /solar trash compactors with
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2014
Page 2 of 5
the companion recycling container. She urged for City Council to look at "Today's
Waste Management" and release an RFP for solid waste services.
Shannon Roberts expressed her concerns over the Beach Wave Complex; the
advertisements within the windows and how unsightly it has become. She urged for
enforcement of the City Sign Code and expressed concerns about the small vehicles
rented by Beach Wave because they only reach 35 mph. She spoke of the A1A
Meeting last evening, which introduced new concepts, put emp y sis on Cocoa Beach,
yet did not highlight Cape Canaveral in any way. She expres 'boncern over the turn
lanes and other concepts and urged for a workshop andasis on the website and
Facebook. �,..
Mayor Randels indicated action will not be taken on` Tquest/I*�de during Public
Participation unless determined by the City Councrl to be an emer and requests
for Council action may be placed on a future agenda.
PRESENTATIONS / INTERVIEWS:
Legislative Report by the City's Legislative Advocate: Mayor Randels spoke of legislation
proposed which would have remove ` ity's authority to regulate fuel terminals. He
introduced the City's Legislative Advocq Sansom, u o expressed appreciation
for the opportunity to represent the CityTr.i% provid further information about
the proposed legislation and the compmi reached to keep the fuel
ON
c,
terminal in the City a5 ion- confor use ar limit them to their existing
infrastructure; however; if ddsttbyed they c Id rebuild using modern construction. He
sy,
indicated the Iegiion has ;et been fo arded to the Governor; however, the
Governor is expected to sii it when r ved. Council Members expressed
appreciation to all who "U"
d s legislation and protect the City. Mr.
Sansom expt4ii ' �lopte Iislation `reed to Vacation Rentals, which removes the
preemption from thety to relate some of their activities. Mr. Sansom spoke of
prop, osed legislation fc?olice /?ension reform; however, the legislation did not
pass 1' indicated Breva �, Coun did well, receiving 23 million dollars for remediation
ti�,
work in the jian River LA, on afid 20 million dollars for space related efforts.
Certificate of airte iation � m the American Cancer Society Relay For Life: Mayor Pro
Tern Petsos expr ' ey,ppreciation to Staff and the City for their involvement in this
event and present e certificate to Angela Apperson for her coordination. The
amount collected is- bow close to $40,000.00. Mayor Randels noted the actions taken
by all involved.
Proclamation designating June 1 — 7, 2014 as "Management Week" in the City of Cape
Canaveral as requested by the National Management Association (NMA): Mayor Randels
read portions of the Proclamation into the record.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2014
Page 3 of 5
CONSENT AGENDA:
Mayor Randels explained the purpose of the Consent Agenda and inquired if any items
are to be removed from the Consent Agenda for discussion. No items were removed.
1. Approve Minutes for Regular City Council Meeting of April 15 2014:
2. Resolution No. 2014 -17; approving State of Florida Department of Transportation
Restated Interlocal Agreement for the creation of the Trrsportation Planning
Organization; providing for repeal of prior inconsistent resotutions• severability and an
effective date:
3. Approve Work Squad Contract WS917 beftedn the F ca da Department of
Corrections and the City of Cape Canaveral:
,.r.�
A motion was made by Council Memb d, sed., nded by Count Member
Walsh, to approve the Consent Agenda. Th ti ried 5 -0 wh voting as
follows: Council Member Bond, For; Council M ��'r Hoog, For; Mayor Pro Tern
Petsos, For; Mayor Randels, For; and Council Me 111 alsh, For.
PUBLIC HEARINGS:
4. Ordinance No. 06 -2014; amending spec Mn 9( 1 72.pf the Ca
of Ordinances reaardinm AA of detentio i'4 rPtPn66" `arPas- nrn
OT prior inconsistent ordinUftes and r6solutions• incorporation into the Code-,
severability; and af
00ective d%",,, first readin Attorney Garganese read the Ordinance
title into the record, n ' ,, the ,' commendatiaxi'of Staff /City Engineer, and provided a
brief explanation of sa s made by Mayor Pro Tern Petsos,
seconded �Oy �Uncal Me r Hoo ' pproval of Ordinance No. 06 -2014. The
Public H' aring wasene� ayor Randels provided further explanation of the
Ordiraaribe No comments we 141 , - ived and the Public Hearing was closed. City
Mahager�reene noted 614,"' ter of ' pport from the Economic Development Commission
of Florida ;t Space Coas�''��or p 'sage of the Ordinance as it reinforces the City's
Certification in. impile, Ninle, Accelerated Permitting (SNAP). The motion carried
unanimously h voting "as follows: Council Member Bond, For; Council Member
Hoog, For; Ma m Petsos, For; Mayor Randels, For; and Council Member
Walsh, For.
5. Ordinance No. 07 -2014; amendinq Chapter 54, Parks and Recreation. of the
Code of Ordinances; providing a definition of City Parks; providing procedures for the
naming of City Parks; providing Rules and Regulations for City Parks; authorizing the
City Council to award certain franchises for surf, paddleboard and kayak instruction by
competitive bid pursuant to certain requirements and restrictions; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, first reading: Attorney Garganese read the
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2014
Page 4 of 5
Ordinance title into the record; provided an explanation of same; noted parks
experience unique issues that are encountered at many public facilities and the
franchise opportunities for surf, paddleboard and kayak instruction. A motion was
made by Council Member Bond, seconded by Council Member Hoog, to adopt
Ordinance No. 07 -2014. The Public Hearing was opened. Shannon Roberts explained
past efforts to allow sailing instruction from City Parks, to which City Manager Greene
explained sailing is not a part of the Ordinance; however, the Ordinance could be
amended should it be necessary. The Public Hearing was clos d. Discussion ensued
and included: why signage would be necessary to allow fir �rthe beach and the
current regulation which only allows fires for cooking ' rposes; the number of
franchises for instruction on the beach /river, which will b , the beach and one on
the river; that the naming guidelines would not prohibit "name facility in the future;
that food /beverage liability. insurance would not ;ibh a r cessa " ; r the instruction
franchises; the restrictions after the park closes and'`the constitu safeguards to
ensure the public has access to public fachies; however, the %c an impose
�;
reasonable restrictions for bad conduct wh��K�an reasonably increa „- spension
times for repeated violations and Law Enforcemei� `Qffi9 rq" can remove i ividuals who
are not following the rules. The motion carried 5'. With voting as follows: Council
Member Bond, For; Council Me er Hoog, For ,"`'Mayor Pro Tern Petsos, For;
Mayor Randels, For; and Council��' r Walsh, For
O� ,
ITEMS FOR ACTION:
/�'Nj
6. Approve New City Hall -Elevation ar A Aoor Plan rCity Manager Greene provided
opening comments, ,which bluded: �laining the history of the community
�� the proposed plans will meet the City's
conversation related tt� buildin g New City H VE
present and future nob, s for 4" roximately next 50 years; the financing rate of
1.99% barely tracks infft 7.0 ears, yet the building will be used for a
minimum s; the 1 �Q7 recofnredation by Architects Design Group (ADG) 11 %�
estimX the City sin 0/1 to be approximately 17,687 sq. ft.; the designed floor
/ //,
plan proximately 0 sq' r uyhich includes approximately 1,179 sq. ft. of future
expans �'. rea at an es ted cost $235 800.00 or $4,700.00 per year for 50 ears;
air � � p Y Y
the pledge venues for loan are not Ad Valorem and, therefore, will not result in a
tax increase, elevation omply with the Economic Development Overlay district; the
relocation of th0�5 ors Market, Friday Fest and /or other citizen engagement
opportunities; and tf��asons for recommending a Mediterranean Revival style building
and the floor plans:' Community and Economic Development Director Todd Morley
noted the work done by the City Hall Committee and the selection of GLE for the design
work. Alberto Portela and Craig Gardei presented /explained the three conceptual
Architectural styles. Council questions and comments were received and responded to
by various individuals. A motion was made by Council Member Hoog, seconded by
Mayor Pro Tern Petsos, to accept the Mediterranean Revival Style building.
Council Comments continued. The item was opened for public comments, which
included: the Mediterranean style building is consistent with the Veterinarian building to
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2014
Page 5 of 5
the north; whether there would be a community involvement exercise to give citizens a
sense of ownership; the desire for a larger council meeting room; the need for a
community /master plan, which includes a community health /fitness area. Discussion
returned to the City Council and included making the surrounding buildings look more
like the Mediterranean building by exploring design concepts and budgeting
accordingly. The motion carried 5 -0 with voting as follows: Council Member Bond,
For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For;
and Council Member Walsh, For. The floor plan, the hea� and wellness area;
moving he fitness center to the existing City Hall when it is ' 'A"
9 g y kIted, the removal of
the health /fitness area will require reconfiguration of the re oms and possibly moving
the Mayors Office to have a window were discussed. A II was made by Mayor
Pro Tern Petsos, seconded by Council Member H �o� to ove the floor plan
with the adjustment made to remove the health find jellne a to include the
restrooms /lockers. The motion carried 5-0': with 'voting as ows: Council
Member Bond, For; Council Member Hook For; Mayor Pro Te , egos, For;
Mayor Randels, For; and Council Member 1yVsh, For.,-j %�
REPORTS:
Council Member Bond asked for a
which City Manager Greene indicated,
expressed concern over the newspl'
Helicopter business at the Port. He expl'
and he felt the business, of following
on the beach crossover location signs, to
complete Council Member Bond
a dicating the City endorsed the
ice,
e comment period has begun
ugh with„ a proposed flight paths.
nkeveryone forge work done on the New City Hall.
Angela M. Apperson, MMC,
Administrative Services Director
Meeting adjourned at 8:38 P.M.
Rocky Randels, Mayor
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
Item No. 2
Subject: Approve Task Order No. 5 in the amount of $164,387 to Tetra Tech, Inc. for
preparation of Engineering Drawings /Bid Specifications and performance of
Construction Management related to the upgrades of Lift Station Nos. 6 and 7 and
authorize the City Manager to execute same.
Department: Public Works Services
Summary: As part of a system -wide upgrade, the City has budgeted for improvements
to all major sanitary sewer lift stations. A number of lift stations have already been
upgraded including Lift Station No. 1 located along Washington Avenue — the City's
largest. Potential development projects in the northwestern portion of the City require an
accelerated schedule for the upgrades of Lift Station Nos. 6 and 7. Scopes of work
included in this Task Order to complete the engineering design and prepare bid
specifications (and other tasks as defined below) for these lift station upgrades are as
follows:
Lift Station #6 - This Lift Station is located on Imperial Boulevard (see attached photo)
and serves the industrial area located north of West Central Boulevard and east of SR
A1A. A recent assessment of this Lift Station by the City Engineer recommended
improvements since (1) the Lift Station is currently nearly at full capacity and (2) any
further development (e.g. hotel) in the area would be limited due to lack of sewer
system capacity. The Lift Station No. 6 Assessment Report recommended the complete
redesign and construction of a new lift station including the installation of a new wet
well, valve box and control panel near the existing lift station location. The scope of
work for this Task Order for Lift Station No. 6 includes the following tasks:
• Design sewer line 1,000 feet in length with manholes to extend to near the
northern City limits; and
• Design wet well, pumps, panel, piping /valves and associated site, electrical and
control improvements; and
• Prepare Construction Engineering Drawings and Bid Specifications and perform
Construction Monitoring.
Surveying and obtaining the required utility easements are currently being performed by
other City contractors.
Lift Station #7 - This Lift Station is located at the northwestern corner of the intersection
of Thurm Boulevard and West Central Boulevard (see attached photo) and serves the
area north of West Central Boulevard and west of SR A1A as well as the West Central
Boulevard corridor west of SR A1A. An assessment of this Lift Station by the City
Engineer in 2011 recommended improvements since (1) the Lift Station is currently
nearly at full capacity and (2) any further development (e.g. Assisted Living Facility) in
the area would be limited due to lack of sewer system capacity. Therefore, Staff is
recommending the complete upgrade of this Lift Station as well as moving the location
of the Lift Station to the northeastern corner of Manatee Sanctuary Park. The existing
easement area is too small for a larger upgraded lift station. The scope of work for this
Task Order for Lift Station No. 7 includes the following tasks:
City Council Meeting Date: 06/17/2014
Item No. Z
Page 2 of 2
• Further evaluate conveyance capacity of existing sewer line from lift station to SR
A1A and perform preliminary design calculations for new lift station;
• Design new lift station within Manatee Sanctuary Park including wet well, pumps,
panel, piping /valves and associated site, electrical and control improvements;
• Design new sewer to transfer raw wastewater to new location at Manatee
Sanctuary Park; and
• Prepare Construction Engineering Drawings and Bid Specifications and perform
Construction Monitoring.
After review of engineering firm qualifications for similar -type projects completed in
other municipalities, Staff selected Tetra Tech, Inc. (Tetra Tech) of Orlando, Florida to
perform the project tasks. Tetra Tech 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 Tetra Tech. Tetra Tech's Task
Order No. 5 for this Project is included as an Attachment.
Submitting Department Director: Jeff Ratliff `SR, IAN Date: 05/23/14
Attachments:
#1 — Lift Station Photos
#2 - Task Order No. 5
Financial Impact: $164,387 to Tetra Tech, Inc. for preparation of Engineering
Drawings /Bid Specifications and performance of Construction Management related to
the upgrades of Lift Station Nos. 6 and 7 funded by the Wastewater Fund. Staff time
and effort to prepare this Agenda Item.
Reviewed by Finance Dir ecto r: Jo hn DeLeo Date.
/
The City Manager recommends that City Council take the following action(s):
Approve Task Order No. 5 in the amount of $164,387 to Tetra Tech, Inc. for preparation
of Engineering Drawings /Bid Specifications and performance of Construction
Management related to the upgrades of Lift Station Nos. 6 and 7 and authorize the City
Manager to execute same.
Approved by City Manager: David L. Greene 0--X�' Date: 51-27 /M-
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Lift Station Photos
Lift Station #6
Lift Station #7
Attachment #2
Task Order No. 5
SCOPE OF SERVICES
CITY OF CAPE CANAVERAL, FLORIDA
LIFT STATIONS NO.6 AND 7 IMPROVEMENTS
1. PROJECT DFSCRIPTION
The City of Cape Canaveral (City) would like to construct replacement facilities for two (2) existing lift
stations (LSs) and associated sewer improvements. The key drivers for this project are:
Replace aging Lift Stations No. 6 & 7 to increase flexibility & reliability.
Expand the lift stations' capacities for the built out flows from the respective sewer collection
areas.
The following list summarizes proposed LS No. 6 improvements included in the project:
Design and construct replacement of 1,000 linear feet (LS) of the existing LS No. 6 sewer. Add a
service sewer with a terminating manhole for the proposed hotel.
Design and construct a new wet well, pumps, panel, and piping /valves, and associated site,
electrical & control improvements. The replacement will be implementing the recommended
Alternative No. 4 from the LS No. 6 Assessment Report prepared by WRT Engineering Services,
Inc.
The following list summarizes proposed LS No. 7 improvements included in the project:
Evaluate conveyance capacity of the existing sewer from LS No. 7 to SR Al for the built -out
flow. Perform preliminary design calculations for the new LS No. 7 to be located about 300 LF
south of the existing LS No. 7. Document findings in a preliminary design report (PDR). The
recommended, LS No. 7 sewer upgrades, if any, will be designed using the contingency budget
included in this project.
Design a new LS No. 7 about 300 LF south of the existing LS No. 7 within City's Manatee Park
property and connect to the existing force main on Thurm Blvd. The new lift station will have
new pumps, wet well, panel, piping /valves, and associated site, electrical & control
improvements.
Design a new sewer to transfer raw wastewater to the new location of the LS No. 7.
11. SCOPE
The following sections of this scope of work presents the specific tasks that will be performed for the LS
No. 6 & 7 improvements. The Task Groups for this scope of work are:
• Task Group 1 — Preliminary Design
• Task Group 2 — Final Design
• Task Group 3 — Permitting
• Task Group 4 — Bidding and Award
• Task Group 5 — Construction Administration
• Task Group 6 — Project Management
• Task Group 7 — Contingency
RS /sc/ Scope of Services 20140521
Tt #: BP City of Cape Canaveral 1 of 7
OTETRA TECH
052114
Certain assumptions have been made in preparing this scope of work. To the extent possible, the
assumptions are stated herein, and are reflected in the Project Budget attached to this scope of work.
bask Groue 1 — Preliminar% Design
Tt will perform the following tasks under Task Group 1:
Attend a kick -off meeting with the City Staff to discuss the proposed improvements and visit
each lift station.
2. Tt will request as -built drawings, historical operating data pertaining to the facilities, and
collection areas built -out flow projections. Tt will compile and analyze the requested data.
Provide a topographic survey of 1) the entire median where the LS No. 6 is located and 2) a
thirty foot wide by 1,000 LF long existing gravity sewer alignment corridor, in accordance with
Minimum Technical Standards set forth under the Florida Administrative Code. Underground
utilities will be located as they are flagged by their respective owners. Also, existing underground
utilities will be located via soft -dig & Ground Penetrating Radar (GPR) techniques at two (2)
locations by a subconsultant (Southeastern Surveying, Inc.). Further, property boundaries, right -
of -way lines, 100 year flood elevations, and easement lines within the limits of the survey will be
located as part of the survey.
Provide a topographic survey of the old and new LS No. 7 sites and Thurm Blvd. between W.
Central Blvd. and the new LS No. 7 site, in accordance with Minimum Technical Standards set
forth under the Florida Administrative Code. Underground utilities will be located as they are
flagged by their respective owners. Also, existing underground utilities will be located via soft -
dig & GPR techniques at six (6) locations by a sub consultant (Southeastern Surveying Inc.).
Further, property boundaries, right -of -way lines, 100 year flood elevations, and easement lines
within the limits of the survey will be located as part of the survey.
Retain a qualified geotechnical firm (Ardaman & Associates, Inc.) to perform a geotechnical
investigation that includes the following:
• One (1) standard penetration test (SPT) to a depth of 35 feet at each lift station site.
• Four (4) SPTs along existing LS No. 6 sewer corridor to a depth of 15 feet.
• Two (2) SPTs between the old and new LS No. 7 sites along Thurm Blvd to a depth of 15
feet.
• Verify that the bearing capacity and other soil characteristics are suitable to construct the
proposed structures and gravity sewer. Estimate normal seasonal high groundwater table.
Perform preliminary design calculations for the sewers and lift stations. Existing reports will be
used as the basis for the preliminary design. The LS No. 6 preliminary design will be developed
from the of WRT Engineering Services, Inc.'s LS No. 6 Assessment report Alternative No. 4.
Preliminary design will be performed for the new LS No. 7 using field collected data, current
flows, and built out flows. Each new lift station will be designed to pump the future built -out
peak hour flow from the collection area with one pump out of service (firm pumping capacity).
Perform electrical and controls preliminary design. Coordinate equipment sizing with the
electrical engineer to allow identification of space requirements for control equipment and
standby power facilities.
Perform site civil /structural improvements preliminary design. The new wet wells and valve
vaults are anticipated to be precast concrete to reduce design and construction costs.
RS /se' Scope of Services 20140521
Tt #: BP City of Cape Canaveral 2 of 7
OTETIIATECH
052114
Prepare a preliminary opinion of construction cost for the improvements.
10. Prepare a draft preliminary design report (PDR) summarizing the findings, conclusions, site
layouts, opinion of probable construction cost (OPCC), and recommendations resulting from the
analyses.
H. Meet with City Staff to discuss the draft PDR, modify the document pursuant to the City's
comments and issue final PDR.
Task, Group 2 - Final I)esion
Tt will perform the following tasks under Task Group 2:
The final design will result in preparation of one (1) set of engineering drawings and specifications for LS
No. 6 & 7. The various design documents will be submitted to City for review at 75% and 100%
completion levels. Three (3) sets of drawings and specifications will be provided at each submittal stage
and the final documents will be provided in electronic format. The drawings will be prepared in
AutoCAD format and the specifications will be prepared in Microsoft Word format. The design team will
attend design review meetings with City and prepare cost estimates at 75% and 100% completion levels.
A preliminary list of thirty one (31) drawings is presented below:
General (3 sheets)
Cover Sheet and Location map
Index of Drawings, General Notes and Key Map
Legend and Abbreviations
Civil (12 sheets)
LS No. 6 Demolition Plans (1 sheet)
LS No. 7 Demolition Plans (I sheet)
LS No. 6 Civil & Yard Piping Site Plan
LS No. 7 Civil & Yard Piping Site Plan
LS No. 6 Gravity Sewer Plan and Profile (3 sheets)
LS No. 7 Gravity Sewer Plan and Profile (2 sheets)
Civil Sections and Details (3 sheets)
Mechanical (8 Sheets)
LS No. 6 Wet Well Mechanical Plan
LS No. 6 Wet Well Mechanical Sections and Details
LS No. 7 Wet Well Mechanical Plan
LS No. 7 Wet Well Mechanical Sections and Details
Mechanical Details (4 sheets)
Electrical & Controls (8 Sheets)
Electrical Abbreviations, Symbols and Notes
LS No. 6 Electrical Site Plan
LS No. 6 Wet Well Electrical Plan & Details
LS No. 7 Electrical Site Plan
LS No. 7 Wet Well Electrical Plan & Details
Electrical Riser Diagrams and Details
Electrical Details (2 sheets)
RS /sc/ Scope of Services 20140521
Tt #: BP City of Cape Canaveral 3 of 7
® TETRATECH
052114
'Task Groue 3 - Permitting
Tt will prepare and submit permit applications and supporting documentation necessary to obtain permits
required for the project. Accordingly, Tt will perform the following tasks:
Prepare and submit a "Notification/Application for Constructing a Domestic Wastewater
Collection /Transmission System" permit application to the Florida Department of Environmental
Protection (FDEP) individually for LS No. 6 & 7 and respond to any reasonable "Requests of
Additional Inforniation" (RAIs) issued by the regulatory agency. A permit applications fee will
be paid by the City.
Prepare and submit applications for site plan approval to the City's Building and Zoning
Departments and respond to any RAIs issued by the City. Permit application fees during design
phase will be paid by the City. Tt will assist the Contractor with obtaining the building permits,
however, application fees shall be provided by the Contractor.
Task Group 4 — l3iddin_ And Award
The proposed improvements will be bid as one (1) project. Upon authorization to proceed with the
bidding and award phase of the project, Tt will complete the following tasks.
Coordinate advertisement of the Project, issue bidding documents to the City for distribution
using the most current approved format, and provide an opinion of probable construction cost
with the final documents. Tt will furnish to the City three (3) sets (hard copies) of construction
drawings and project manual.
2. Attend one (1) pre -bid conference.
3. Respond to any questions from bidders and prepare and issue addenda as required to interpret,
clarify or expand the Bidding Documents.
4. Review and evaluate the apparent low bidder's qualifications for undertaking the work and
prepare a tabulation of all bids received.
Task Group 5 — Construction Administration
During the construction phase of the project, Tetra Tech will complete the following tasks:
Prepare three (3) hard copies of a conformed set of Contract Documents for the City and one (1)
electronic copy. Electronic copies of Drawings will be provided in AutoCAD and PDF formats
and Specifications will be provided in Microsoft Word and PDF formats. Provide the Contractor
with one (1) electronic AutoCAD copy for as -built preparation purposes.
Attend and conduct a preconstruction conference with the City, selected Contractor,
subcontractors, and prepare a meeting summary.
3. Perform a total of six (6) site visits to the construction sites to observe construction of the
project and attend six (6) progress meetings. The site visits will be to observe the progress and
quality of the construction and to document general conformance with the Contract Documents.
The site visits will be conducted following each progress meeting. Tile Contractor will be
responsible for developing summaries of progress meetings.
RS /sc/ Scope of Services 20140521 TETRA TECH
Tt #: BP City of Cape Canaveral 4 of 7 052114
4. Provide interpretation or clarification for requests for information (RFIs) regarding the design
documents when requested, and prepare change orders required for clarification or minor
modification of the Contract Documents.
5. Review applications for payment and the accompanying data and schedules, determine the
amounts owed to the Contractor, and advise City of the recommended payments.
Evaluate any claims made by the Contractor and assist City with the preparation of any change
orders as required.
Review shop drawings and other required Contractor submittals up to two (2) times per
submittal for general conformance with the Contract Documents in conformance with the City's
construction contract requirements. In order to facilitate enforcement of the requirements of the
City's construction contract document General Conditions, Tetra Tech will track the actual cost
of additional reviews and notify the City of the additional cost of said reviews in the letters
transmitting the subject reviews to the City and Contractor.
8. Review test reports for soils, concrete, and other materials.
9. Observe start-up testing.
10. Conduct a substantial completion inspection at each site and develop a punch list of items to be
corrected by the Contractor.
H. Conduct a final completion site visit at each site to determine if the punch list items have been
completed in accordance with the Contract Documents and if the Contractor's obligations are
fulfilled, and recommend final payment to the Contractor.
12. Prepare three (3) hard copies and an electronic file of the record drawings for the City
incorporating changes made during construction based on record information furnished by the
Contractor.
Task Group 6 — Proicet Nlana2ement
Tt will perform the following project management tasks:
Project Initiation Tasks: Prepare a project health and safety plan. Set -up the Project in the
accounting system and establish a project filing system.
Manage Project Team and Activities: Perform project coordination, billing, and management
functions for the duration of the Project.
Task, Group 7 — ConlinwencN (LS No. 7 Sei %er Luprovements)
Tt will evaluate conveyance capacity of the existing LS No. 7 sewer from SR AIA to LS No. 7 and
document findings in the PDR. The recommended LS No. 7 sewer upgrades (if any) will be designed
using contingency budget included in this Task Group 7. A contingency budget of $10,000.00 is
included in this authorization for unforeseen additional service needs. This contingency will not be used
without prior written authorization from the City.
RS /sc/ Scope of Services 20140521 a TETRATECH
Tt #: BP City of Cape Canaveral 5 of 7 052114
M. SCHEDULE
T1 will perform services according to the following Project schedule based on 365 calendar days.
IV
A.
Task
Survey and Geotechnical Investigations
Duration
(Weeks)
4
,
to Proceed
4
Draft Preliminary Design Report
4
8
City Review
2
10
75% Submittal
4
14
City Review
2
16
100% Submittal
4
20
-Permitting & Bidding
8
28
Construction
24
52 (12 montlis)
SERVICES NOT INCLUDED
Other Permits - This proposal does not include permitting services for any permits that are
normally obtained by the Contractor.
B. All construction related layout and record drawing survey work and geotechnical services,
including materials testing and other services are to be provided by the Contractor. This pertains
only to such work that is completed during the construction phase.
C. Costs for advertising the Project are to be paid by City.
D. Design of piling to address unusual subsurface conditions and any observation of pile driving
operations.
E. Any application for variances, easements, property acquisitions, rezoning, or special exceptions.
V. DELIVERABLES
Tt will provide City the following deliverables:
• Three (3) copies of the draft preliminary design technical memorandum.
• Three (3) copies of the final preliminary design technical memorandum.
• Three (3) copies of 75 %, 100 %, and conformed design documents.
• One (1) copy of the draft FDEP permit application.
• Three (3) copies of project record drawings.
RS /sc/ Scope of Services 20140521
Tt #: BP City of Cape Canaveral 6 of 7
TETRA TECH
052114
N'1. (1)N1PENSAT10 'S
For the professional services set forth in this Specific Authorization, the City will pay Tt a lump sum fee
of $164,387. For the purpose of providing general information as to how the lump sum fee was derived, a
detailed breakdown is attached. The following table provides fee break down.
Task Group
l - Preliminary Design
$45,404
Task Group
2 — Final Design
$68,467
Task Group
3 — Permitting
$3,340
Task Group
4 — Bidding and Award
$3,811
Task Group 5 — Construction Admin.
$21,595
Task Group
6 — Project Management
$11,770
Task Group
7 - Contingency
$10,000
Project Total Fee
$164,387
Information and Services to be provided by the City
The City will:
Review and comment on Tt's deliverables in a timely manner: keeping the project on schedule.
Provide requested data.
Provide access to City facilities sites.
Attachments
Project Budget
RS /sc/ Scope of Services 20140521
Tt #: BP City of Cape Canaveral 7 of 7
aTETRA TECH
052114
Project Budget
- Labor Plan
1311ervice
Task Pr" Touis
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Lift Station No. 6 & 7 Improvements
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
Item No. S
Subject: Approve Task Order No. 3 in the amount of $86,420 to GeoSyntec
Consultants, Inc. for preparation of Engineering Drawings and Bid Specifications related
to the installation of a stormwater exfiltration 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 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. As an example, the City's
new Fire Station Project is constructed with a stormwater exfiltration system (vault
system) beneath the parking lot area to reduce the amount of stormwater discharged to
the City's stormwater system.
Since the City is approximately 93% built -out and large parcels of vacant land are
scarce, Staff is proposing the installation of a stormwater exfiltration system beneath the
outfields of the Softball Diamond and Little League Field at Canaveral City Park. The
exfiltration system would include weirs placed in area stormwater pipes to redirect
stormwater to an exfiltration system beneath the Park consisting of approximately 4,000
half -arch exfiltration chambers. This will allow for the infiltration of stormwater to surficial
sediments in lieu of discharge to the Banana River. The system would also include the
construction of an emergency overflow structure to allow for the discharge of
stormwater into existing stormwater pipes for larger storm events.
The City's consultant, Geosyntec Consultants, Inc. ( Geosyntec), completed a
Preliminary Assessment and Conceptualization Study (Phase 1) for this proposed
Project in April 2014. Results of the Phase I investigation revealed the following:
• Exfiltration under the Park is a viable stormwater management improvement to
reduce pollutant loading to the Banana River;
• Installation of 4,015 half -arch plastic exfiltration chambers would provide a
treatment volume of 124,451 cubic feet;
• Contributing area to be treated is approximately 30.3 acres;
• Annual pollution reduction is 324.11 Ibs /yr for total nitrogen and 76.43 Ibs /yr for
total phosphorous; and
• Plan produces flood level of service (LOS) improvements throughout the
drainage system.
Based upon these results, Staff recommends that the City proceed with Phase II of the
proposed Project. Phase II tasks will include the preparation of construction engineering
drawings and bid specifications and performance of construction management tasks.
City Council Meeting Date: 06/17/2014
Item No. 3
Page 2 of 2
Since this proposed Project would remove a significant amount of stormwater
discharging through the existing stormwater system, the City should receive stormwater
credits from Florida Department of Environmental Protection (FDEP) through the Total
Maximum Daily Load (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
applied for an EPA 319(h) grant through FDEP (60% - 40% match) to fund a portion of
the Project. Staff is also considering submitting an application to the TMDL Restoration
Program for further funding assistance. Estimated construction costs for the Project are
$997,103.
Documentation of a similar exfiltration -type project is included as Attachment #1. An
Exfiltration Conceptual Routing and Runoff Plan showing the treatment area is
presented in Attachment #2. A typical profile section showing components of the
proposed exfiltration system is also presented in Attachment #2. Task Order No. 3 is
included as Attachment #3.
Submitting Department Director: Jeff Ratliff a����� Date: 05/20/14
Attachments:
#1 — Project Documentation
#2 - Conceptual Plan Maps
#3 — Task Order No. 3
Financial Impact: $86,420 to GeoSyntec Consultants, Inc. for preparation of
Engineering Drawings and Bid Specifications related to the installation of a stormwater
exfiltration system beneath Canaveral City Park funded by SRF. Staff time and effort to
prepare this Agenda Item. I
Reviewed by Finance Director: John DeLeo Date: 3r
The City Manager recommends that City Coun6il take the following action(s):
Approve Task Order No. 3 in the amount of $86,420 to GeoSyntec Consultants, Inc. for
preparation of Engineering Drawings and Bid Specifications related to the installation of
a stormwater exfiltration system beneath Canaveral City Park and authorize the City
Manager to execute same.
Approved by City Manager: David L. Greene Date: 5 a
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Project Documentation
STORMWATER
STORAGEFOR
CUBESMART
HEADQUARTERS.
ubeSmart, the fourth larg-
est owner and operator of
self- storage facilities in the
country according to the
2011 Self Storage Almanac,
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
S township, county and
state regulators, and
stakeholders and had
N 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 100 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 W/ft to 1762 ft' /ft.
Given the restrictions of the site
terrain and the storage requirement of
FORESTER UNIVERSITY PRESENTS
Erosion Control Systems and
in Green MCIMM�
66 _
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NORTH
AMERICAN
GREEN
September 2013 67
www.stornih2o.com
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 7.5
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
Cultec's 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 portals 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 40% 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 & 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.
For related articles-
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68 September 2013
1 www.stormh2o.com
Attachment #2
Conceptual Plan Maps
j ') 6� I•1�� ?1 JI:' t:e
I � Il+ 'i • •�_�� ! • xi��i!' __ •
ML
111 _ .I• /
w !' J be retrofitted or replaced 2, -
-• - with an internal manhole ::.t •� -` Emergency ' AL
weir. Flow atoll Madison Emergency °' �." JJ
�n4 Avenue not he direct e <7 �� over/ ow during overflow during �I _-. ,F r i� (�
11� to the c "on ' �� 'f extreme storms. ' extreme storms. i _j� } #� Existing curb inlet to
�lRtj P� be retrofitted or replaced
with an internal manhole
Weir. Flow along Madison
Avenue shall not be directed
to the exfiltration.
-
■
}
' Flow to bypass t tYC">�F a/ Flow to bypass t}
the proposed �W �� S 1 r ___ !A_ the proposed /
i
1'I r exfiltration. f ° exfiltration.
owl
1 .,
k — _
Proposed Exffltration � , • a/� /
r See Appendix A for details y
.» I 1~L1..i.
!
Leaend �` �lyr. a... • f7t r. - � .. ..
1 Boa trill
sT TYPE vs orvsE.eT. '� i ' rrr.
a ,
■ CW ■N,EE' Erin TR.T� 1r11C- E11-KA Al
•EXnLTRATION CH MIERa ��•�•w r. b
�' E[rµTxGrgN C+nWFaS 1°�'•� ��; Exfiltration Conceptual
• V-N E q• .L_ i
� •e j�
.A. ■!•r,�it Routing mRatr AffIrPIf n
®nnops .. •. �r. 1 t • irk __. �.. ,. R s C.Pt Grrare.al. rbrida
&%ILA
anal EQrE, worm lmagtry. 2o14 + -e ■M, Geosyntec Figure
buntlln GteSyMlC 201a - , -��i E `
NWE Araaman 6ASSauates. 201.. > consultants
arCt15 Brtrard CeVMy 2010 �� jg`(�y • '
A511 E ituliE0 Tauiv t.rl .P" 20'•
6�
City Pa•. Slt-Airr R*VOtit - E.utbq Cordbiu , - Prcb,.w" R.wllt
10
9.5
as
a'v
y' CURB INLET AT NW CORNER
J S $ a OF HARRISON AVE AND
MAGNOLIA AVE
B
FILTER FABRIC
55
6" GRAVEL ENVELOPE
s ,
s —
' EXIFILTRATION CHAMBER o
W ].s
Exam w STORM PIPe
Js
T
is STORM SEWER NECESSARY
I TO FLOW INTO EXFILTRATION
Os EL 315
0
-0s
t5
y.OU
a -s0 ..00
Profue Plot
Mogimoo t Atrertw Stirs Swwr
PIPE TO EXISTING v
INLETS AT JACKSON
AVE AND MAGNOLIA AVE
NOTE THE ABOVE PROFILE IS TAKEN FROM THE SWMM H&H MODEL ALONG MAGNOLIA AVENUE.
CURB INLET DURING
DRY PERIODS
f;
es
e
�S
F5
E
ss
.s F
35 "
3
]s
]
is
t
05
CITY PARK �[��4/\,�� CIT, p GeOSjRlCeC� w MAGNOLIA AVE PROFILE " o"E
STORMWATER RETROFIT ANAViP1AL consultants WITH EXFILTRATION DIAGRAM
!! _ 5 -2
Attachment #3
Task Order No. 3
Task Order #3
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: Proposal for Stormwater Exfiltration System Design
City Park Stormwater Retrofit Project
Cape Canaveral, Florida
Dear Mr. Ratliff:
6770 South Washington Avenue, Suite 3
Titusville, Florida 32780
PH 321 -269 -5880
www.geosyntec.com
May 19, 2014
Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral
(City) with this proposal for design, permitting, and post design services (Phases 2 &3) 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, which outfalls 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 (SJRWMD).
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 provides an opportunity to implement BMPs to provide water
quality treatment of stormwater to help meet future BMAP -TMDL requirements.
In Phase 1 for the project, Geosyntec completed the Preliminary Assessment and
Improvement Conceptualization tasks. Phase 1 consisted of the development of an existing
conditions hydraulic and hydrologic (H &H) model of the City Park drainage system, and an
exfiltration improvement conceptual design (Concept) within the City Park. The goal of the
Concept was to provide a net water quality benefit via treatment of a portion of the City's
untreated urban runoff prior to discharging to the Banana River, as well as to improve the
flooding level of service (LOS) within the City drainage system. The following findings from
the Phase 1 tasks are reiterated below:
1. Exfiltration under the City Park is a viable stormwater management improvement to
reduce pollutant loading of the Banana River and to improve flooding LOS.
engineers I scientists I innovators
Proposal forStormwaterExfiltration System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
Geosyntec
consultants
2. The proposed exfiltration would connect to the existing curb inlet structures along
Magnolia Avenue and Orange Avenue.
3. Because the existing storm sewers along Orange Avenue and Magnolia Avenue are
lower than the proposed exfiltration, two (2) curb inlet manholes downstream of the
City Park (at the intersections of Orange Avenue and Madison Avenue and Magnolia
Avenue and Madison Avenue) would be retrofitted or replaced to include internal
manhole weirs to redirect stormwater back to the City Park exfiltration.
4. The installation of a total of 4,015 half -arch plastic exfiltration chambers (Stormtech
SC -310 chamber, or equivalent) would provide a treatment volume of 124,451 ft3.
5. A total contributing area to be treated is approximately 30.3 acres, totaling —1 inch of
dry retention treatment provided in the exfiltration system.
6. The total annual pollution reduction estimated for the above improvement is 324.11
Ibs /year for TN and 76.43 lbs /year for TP, based on the BMAP water quality
calculations methodology.
7. The Concept produces flood LOS improvements throughout the drainage system.
SCOPE OF WORK
The proposed scope of work consists of implementing the conceptual improvement
recommendations of Phase 1. This Phase would include the full design, construction plans,
specifications, permitting, and post design services.
The following sequence of tasks is proposed for this project.
1. Phase 2 Kick -off Meeting - Discuss preliminary design layout, design constraints,
and plans production issues and requirements with City. Consultant would
coordinate the meeting and prepare minutes.
2. Field Reconnaissance - A supplemental site inspection would be conducted to
confirm site conditions and inspect existing facilities in the project area. This would
include a detailed inspection of the Park area, photographic documentation, and
compilation of data. The following field activities will also be completed:
o Supplemental Right -of -Way and Topographical Survey - To supplement the
stormwater infrastructure and City Park features survey completed during
Phase 1 of the project, Morgan and Associates will conduct a boundary
survey of the City Park to determine if any easements or other property
encumbrances exist within the proposed conceptual improvement area.
Additionally, Morgan and Associates will perform a Right -of -Way survey for
two street segments, including Magnolia Avenue, from Harrison Avenue to
Madison Avenue, and Orange Avenue, from Harrison Avenue to Madison
Avenue to determine any Right -of -Way limitations associated with the
proposed improvements. A Sunshine One Call locate ticket will be ordered
and field utilities markings will also be included in the survey. Subsurface
engineers I scientists I innovators
Proposal forStormwater Exfrltration System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
Geosyntec
consultants
utility explorations (SUE) are not included in this scope. Should any utility
conflicts be identified during the design phase, SUE may be warranted as an
additional service.
o Geotechnical Investigation - Geotechnical analysis will be required to provide
recommendations for the proposed stormwater infrastructure. The below
geotechnical services are required as part of this project, including:
• Storm sewer trenching, installation and backfilling recommendations
within the City Park and at the retrofit structures at Madison Avenue.
• Backfill and compaction recommendations for the reconstruction of
the baseball fields above the proposed exfiltration.
• Paved surface recommendations for the replacement of sidewalk and
roadways as part of the exfiltration improvements.
• Muck evaluation for any organic material that may be present within
the proposed exfiltration improvements.
It is assumed that this effort will be coordinated by the City under a separate
scope of work, and any borings or geotechnical samplings necessary to
provide the above recommendations will be conducted.
3. 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.
4. 60% Construction Plan Documents - After agreement on the preliminary design
layout for the exfiltration improvements, prepare 60% construction plans and bid
documents for the City's review.
o Plan set would be 24 "06" format and would be anticipated to include the
following:
• Cover Sheet with Location and Benchmark References -1 sheet
• General Notes Sheet & Summary of Pay Items Sheet - 1 sheet
• Drainage Map -1 sheet
• Summary of Quantities & Summary of Drainage Structures - 1 sheet
• Survey Control Sheet (Project Layout and Benchmark Ties) - 1 sheet
• Plan and Profile -1 -2 sheets @ 1 " =40' scale
• Cross - Sections - 1 -2 sheets @ -50 -100' intervals
• Drainage Structure Details & Miscellaneous Details -1 -2 sheets
• Stormwater Pollution Prevention Plan (SWPPP) - 2 sheets
• Maintenance of Traffic -1 sheet
o Preliminary Cost Estimate.
S. 90% Construction Plan Documents - Upon receipt of comments from the City,
prepare 90% construction plans, engineer's cost estimate, and special and technical
engineers I m Wntists I innovators
Proposal forStormwater Exfiltration System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
Geosyntec
consultants
specifications for bid purposes for the City's review. The locations of utilities within
the City Park and along Orange Avenue and Magnolia Avenue will be included in the
this deliverable based on a review of the City of Cocoa water and City of Cape
Canaveral Wastewater as- builts and other available information provided to
Geosyntec by the City.
6. Utility Coordination - Forward copies of 90% plans to the identified utility
companies to solicit input on possible conflicts. Reponses will be documented in a
memorandum.
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:
• Drainage Report including geotechnical reports. It is assumed that the
drainage report will be adapted from the Phase 1 report.
• Permit application forms (assuming a SJRWMD general permit).
8. 100% Construction Plan Documents - Upon receipt of comments from the City and
utility providers, prepare, 100% Construction Plans & Specifications, quantities, cost
estimate, and specifications for the City's review.
9. Final Permit Preparation & Submittal - 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. It is assumed that all permit
fees are to be paid by the City.
10. 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 in PDF and native format.
11. Project Management - During the design phase of this project, ongoing project
management will be performed. Project management tasks include; project
administration, coordination with subconsultant, management of technical staff
efforts, quality assurance and quality control checks on all work products, and
monthly project tracking, meetings, schedule updates and status reports.
This task will include attendance at one City Council meeting.
Geosyntec will provide support to the City during the bid process and construction. Note
that this will not be full time CEI services but will be limited to the specific services listed
below:
12. Pre -Bid Meeting - Attendance of Pre -Bid Meeting (including preparation time,
preparing minutes, and responding to comments).
engineers I scientists I iniiovaturs
Proposal forStormwaterExfrltration System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
Geosptec°
consultants
13. Pre - Construction Meeting - Attendance of Pre - Construction Meeting (including
preparation time and preparing minutes)
14. Shop Drawing Review - Review shop drawings provided by the selected contractor
and provide comments relative to the design intent.
15. Site Visits - Up to 5 site visits during construction to monitor construction. During
each visit observations and photos of the construction will be taken and a brief
memorandum with accompanying photolog will be generated and issued to the City
as an electronic PDF deliverable.
16. Requests for Information - Respond to up to 3 Requests for Additional Information
(RAls) from contractor
17. As -built Review - Review of final as- builts provided by contractor
18. SJRWMD Permit Certification - Preparation of construction certification for
SJRWMD permit compliance purposes (contingent upon approved contractor as-
builts).
DELIVERABLES
a. Two (2) copies of the 60 %, 90% and 100% construction plans, quantities, cost
estimate, specifications, draft permit application documents shall be submitted for
review.
b. One (1) electronic copy of the final SJRWMD permit package (forms, drainage report,
plans, etc.) will be prepared for City records. One (1) permit package will be delivered
to the SJRWMD E- Permitting website. Electronic deliverables will be in PDF format.
c. Three (3) copies of the Final construction plans, quantities, cost estimate, and
specifications, and other applicable documents shall be submitted, along with a digital
PDF copy on disk with all backup data.
d. Meeting minutes and memos during Design and Post - Design efforts will be provided
electronically in PDF format via email to distribution.
ASSUMPTIONS
i. 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 no
included in this proposal.
ii. Subsurface Utility Explorations (SUE) are not included in this proposal. Should utility
conflicts be identified during the design phase, SUE may be warranted and would be
included as an additional service.
iii. Utility relocation and adjustment plans and design is not included in this proposal.
iv. Geotechnical assessment of the project site will be necessary to evaluate the proposed
improvements. It is understood that the City will procure this work under separate
contract. A copy of the geotechnical testing results will be provided to the consultant.
engineers I I innovators
Proposalfor Stormwater Exfiltration System Design _ M
City Park StormwaterRetrofit Geosyntec
Cape Canaveral, Florida
CO1lSl11ld111S
May 19, 2014
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 not be involved in any
public involvement meetings or presentations during the duration of the project.
vii. The City will pay all permit fees.
BUDGET ESTIMATE
Geosyntec proposes to provide the services discussed herein for $86.419.50 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. Below is a summary of the budget estimate.
• Phase 2 Design: $57,136.00
• Phase 3 Post Design: $13,032.00
• Supplemental Surveying: $15.580.00
• Total: $86,419.50
The budget estimate includes fees from specialty subcontractors as follows (copies of the
subconsultant proposals are included in Attachment B):
• Morgan & Associates -provide supplemental surveying and mapping of the project area
to support construction design.
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 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.
engineers I scientists I innovators
Proposal forStormwaterExfiltration System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
CLOSURE
Geosyntec
conSllltants
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 the
undersigned at (321) 249 -9360.
Sincerely,
Geosyntec Consultants, Inc.
Lee G. Mullon, PE
Professional, Water Resources
lmu lion (fteosyntec com
Attachments A - Fee Estimate
B - Subconsultant Proposal
C - Schedule
engineers I scientists I innovators
Mark W. Ellard, PE, CFM, D.WRE
Associate, Water Resources
mellard(&eeosyntec.com
Proposal forStormwater Exfiltration System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
Attachment A
engineers I scientists I innovators
Geosptec
consultants
EXHIBIT Al - FEE ESTIMATE
City Park Stormwater Retrofit Dace: OS/ 19/14
Cape Canaveral, Flnrida
Ace iatr
Pro)ed Professional
Staff Professional
nalr�a'r. ADP Iperat-
Adrian Assistant
Bas¢
Man hnnr
, \c,
rack Acuvnv
r sk A - Phase 2 I r
1.1 Mrenngwth City
Harr •.t ,
Rate= SISH00
Rate= SI05.00
R,nr i,H800
Rate= TS6,0o
Actwtly
Amount
$712.00
by
AcUVI
4
Ihurtc
Nate
S17H.0
Man - hour,
Gst
e04,00
Man -hour
Cost
2310.00
I Man -hours
Cort
$0.00
Man -hours
Cost
$0.00
Man -hours
Cost
50.00
SUBTOTAL
1 5396.00
2
1 $316.00
0
1 50.00
0
$0.
0
50.00
2]12.00
4
5178.00
2.1 Project Field Pi, 11 and Photo Documentation
5198,00
4
5632.00
4
$420.0
I
588.00
SO.00
51.738 00
1 r,
SI f LHn
2.2 Boundary. Right of Way, and Otility Survey Review
$198.00
4
5632.00
5210.0
$0.00
50.00
$1.040.00
7
514N.5
2.3 Geolechn¢al Report Review
)
S198.00
4
Sti32.01/
$210.0
$0.00
$0.00
$1.040.0
7
5748.5
SUBTOTAL
3
$594.0
12
$1,8%.00
R
5840.00
I
SR&OO
0
110.00
3$,418.00
24
$142.42
3.1 Coordinate Meeting& Prepare Meeting Agenda/ Exhibits
0.5
S'i'la0
5032.(10
SOAln
SH9.00
$28.00
284200
6
414121'
1.2 Attend Meeting and Prepare Minutes
53'a,,On
S032A0
50.00
SO.On
$28.00
$1.056.00
6.5
S1e,2.40
SUBTOTAL
3495AD
tl
$1,264.00
0
50.00
1
588.00
1
336.00
51,903.00
122
$1S2$4
4
Prepare
60% Construction Plan nocuments
Cover Sheet with Location and Benchmark References
$0.00
1
5158.00
S210.00
S 17n.On
$0.001
$544.00
5
1110B.8
General Notes& Summary or Pay Items Sheet
$0.00
2
5316.0
2
$210.00
4
S➢5Z.00
$0.00
$878.00
8
$109.7S
Drainage Map
$0.00
2
$316.0
2
$210.00
6
$528.
$0.00
$1.054.0
to
$105.4
Summary of Quantities & Summary of Drainage Structures Sheet
50.00
2
5316.00
2
S210.00
R
$704.00
SO.00
S1.230.00
IZ
S102.5
4.1
Survey Control Sheet (Pni layout and Benchmark Ties)
SO.00
$316.0
2
$210.00
4
$352.00
SO.00
287 &00
8
$109.75
Plan and Profile Sheets
1 $0.00
4
1 $632.00,
8
5840.0
20
$1.760.00
50.00
S3.232.001
32
S101.0
Cross - Section Sheets
$0.00
4
S63Z.00
8
2840.0
91
S1.760.00
50.00
$3.232.0
32
$101.0
Drainage Structure & Miscellaneous Detail Sheets
$0.00
S31&00
4
$420.00
for
$880.00
$0.00
sl,(,16.00
16
$101.0
SWPPP Sheets
50.00
$316.0
4
$420.00
IO
$880.00
50.00
sl.(,16.00
U,
5101.0
Maintenance of Traffic Sheet
$0.00
$0.00
2
4
5316.0
$632.00
$210.00
$210.01
4
S3SZ.00
50.00
SO.00
$0.00
S87 8.00
5842.00
8
6
$109.75
314 0.33
4.2 Preliminary Cost Estimate
4.3 QA /QC Review
R
31384.0
$0.00
So.O(
1
50.00
$0.00
SI.S84.00
8
$198.00
4.4 Print and Assemble Construction Plans and Drxumeril
50.00
4
Std 25210.0
50.00
1
556.00
5898.00
S128.2s
SUBTOTAL
S 90% Construction Plan Documents
a
51,584.00
31
54,898$4,280.0
0
N
$7,714.00
t
$26.00
318,482.00
168
5110.01
5.1 Plans. Quantities and Cast Estimate Revisions
50.00
8
Sl.IG4.0
12
51.260.0
V,
51,408.00
$0200
$3932.0
3b
$100.2
5.2 Special and Technical Specifications
50.00
R
S1.2G4.0
$0.00
SO.00
I
556.00
S1,320.00
9
$146.6
5.2 QA /QC Revue.
4
$792.00
$0.00
$0.00
$0.00
$0.00
S79I.00
4
5198.0
5.3 Print and Assemble 100 °b Plans and Doanm•nts
30.00
4
5632.00
2
SZ10.0
50.00
�
556.00
s898.00
S12 &2
SUBTOTAL
s
$MA
20
$3,160,
14
$1,470.00
14
$1,4011.00
2
3112.00
56,942.00
56
$122,
6.1 PmPare UUhty Grordmatiun Letters. Send Out
50.00
4
$632.00
$0.00
$0.00
1
$56.00
5688.00
5
5137.6
6.2 Coordination with Utility Companies
$0.00
2
$31c400
50.00
$0.00
$0.00
$316.0
Z
$158.0
6.2 Utility Coordination Summary Memo
I
319 &D
4
$632.00
4
$420.00
$0.00
n.5
$28.00
51.27 &0
9,S
5134.5
SUBTOTAL
1
3198.00
t0
111,580.00
4
$420.00
0
$0.00
1.5
$84.00
$2,282.00
16,5
$138.30
Geosyntec°
('rmtilih,tn.S Exhibit Al - lingc 1 of 4
EXHIBIT Al - FEE ESTIMATE
City Park Stormwater Retrofit Date. 05/19/14
Cape Canaveral, Florida
Associate
Project Professional
Staff Professional
Drafter /CADD Operator
Admm Assistant
Basic
Man -hours
Average
Task Actrvl
Rate • 5198.00
I Rate S I SR 00
Rate = S 105.00
Rate • SOR,00
Rate = SS6A0
Activity
Amount
by
Activity
Ruurl •
Rate
Man -hours
Cost
Man -hours
Cost
Man -hours
Cost
Man-hours
Cost
Man -hours
Cost
7.1 Permit Application Farms
50.00
4
S1132.00
$210.0
$0.00
50.00
5842.00
6
5140.33
7.2 Introduction and Problem Narrative
SO.00
1
SIS8.00
I
$I05.0
SO.00
50.00
$263.00
2
5131.5
73 Existing Conditions F.valuatksn Narrative
50.00
2
S31G.00
5210.0
50.00
50.00
SSZ6,001
4
$131.5
7.4 Drainage Improvement Narrative
$0.00
2
$316.OD
5210.
SO.OD
$0.00
SS26.00
4
5131.5
7.5 Compile Figures. Tables, and Appendices
$0.00
$316.00
$210.00
4
5352.0
50.00
$878,0
8
5709.75
7.6 QA /QC Review
4
S7Q2.00
50.00
50.00
SO.00
$0.00
1792.00
4
5198.0
7.7 Print . Assemble Draft Permit and Application
S0.0
4
$632.00
$210.00
1 50.00
1
I 556.00
5898.00
$128.1
SUBTOTAL
4
IS
$Z,370.00
11
$1.155.00
4
5352.00
1
SS6.00
$4,725.00
35
$13S.
RA 1'Ians, Quantities, Specifications and Cost Estimate Revisions
50.00
4
$632.00
R
$8140.00
I n
51.408.0
$0.00
52.880.0
28
$102.8.
111 OA /QC Review
5396,0
50.00
SO.00
50.00
$0.00
$396.0
2
SI9R.0
9.3 Pont and Assrmble nlm•„ Plans and poaunents
$0.00
4
5632.0
$210.0
$0.00
$56.00
5898.0
7
$128.2
SUBTOTAL
5396.0
8
$1,264.00
18
57.050.00'
16
$1,408 .00
1
SS6.00
54,174.00
37
$112.81
9.1 Permit Drainage Report and Forms Revistnm
50.0
4
5632.0
4
$420.0
5176.00
$0.00
51.228.0
10
51.:
9.2 QA /QC Revirw
3198.00
50,00
SO.0
$0.00
50.00
$198.00
1
SIOKO
93 Prepare and submit Electronic "E- Permitting" Submittal to SIRWMD
wool
4
$632.00
SO,()()
$0.00
$0.00
$632.00
4
Sl'8A
SUBTOTAL
irumlol
8
S1 Z64.00
5420.00
1
3176.88
0
38.88
$208.00
15
$137.20
10.1 Final Plans. Quantities. Specifications and Cost Estimate Revisions
SO.00
S+•1_. nn
SR40.00
$704.00
50.00
$2.176.0
20
fl0il itu
10.2 QA /QC Review
S7o2.00
50.00
50.00
$0.00
S792.0
4
5198.0
10.3 Print and Assemble 100% Plans and Documents
$0.00
4
U32.00
S(In.00
50.00
I
MOO
$898.00
7
$128.21
SUBTOTAL
4
1792.00
8
$1.264.001
10
$1,050.00
R
$704
1
366.00
39.866.00
31
(124.71
11.1 Prcgect admmistraUon srlup
$396.00
1
$158.0
50.00
50,00
$112.00
5666.00
5
$133.2
11.2 Management of techmcalstaR efforts and general project QA /QC
8
51,584.0
4
$632.00
$0.00
SO.00
I
SS6.00
$2.272.00
t3
$174.7
11.3 Coordinate and QA /QC sulxonsultant
2
$396.00
R
$1.264.00
$0.00
$0.00
2
5112.00
51.772.00
12
S147.G
11.4 Monthly project tracking, meetings. schedule update A status reports
12
52.376.0
R
51.264.00
$0.00
50.00
4
$224.00
$3.864.0
24
f 161.0
SUBTOTAL
§UaThrrn
24
$4,752.08
ii
21 $3.318.00
00
0
101
$0.00
$10,607.00
0
$0.00
9 $504
iii
38.S74.00
557,136.00
54
453
5158.78
Geosyntec
i 1 m> 1111:111 , Exh ibit A 1 - Page Z of 4
EXHIBIT Al - FEE ESTIMATE
City Park Stormwater Retrofit Dare. OS /19/14
Cape Canaveral, Florida
Associate
Prof ect Profession.(
StaBProfeasion.l
Droner /CADD Operator
Admin Assistant
Baxlc
Man -hours
Avenge
Task Aativtty
Post Design
12.1 Fm -Rid blcebng Prrpnr.mon
Rale=
51 8.00
Rate= $ISO.00
Rate: $105.00
Rate= S88.01)
Rate SSh.00
Activity
Amount
$356.00
by
Activlr•
2
handy
Rate
S176.0
Man -hours
1
Cn it
5198.00
Man-hours
1
Cost
5158.00
Man -hauro
Cost
$0.00
Man -hours
Cost
50.00
Man -hours
Cosl
$0.00
12.2 Arend Pre -Rid Meennl'
5396.00
S316.o
50.00
50.00
$0.00
$712.00
4
S178.0
12.3 P, lhd M,Irtg Mmuum
5396,00
5316.00
50,00
So.00
556.00
S7ofimo
$153.6
12.4 Respond to Comments
1
$198.00
$316.0
$0.00
SON)
i
556.00
S570.00
4
5142.5
SUBTOTAL
6
51,180.00
7
$1,106.00
0
30.00
0
SO-09
2
$112.00
$2,406.00
i5
S160A
13.1 Pre - Construction Meehng Preparation
I
si,uR.00
I
SIS8.00
$0.00
$0.00
5112.0
$468.00
4
5117.0
13.2 Attend Pm- Construction Mccting
S3n6.00
3316.00
50.00
$0.00
$0
5712.00
4
5178.01
13.3 Pre. Construction Meeting Minutes
S0.110
$316.00
SO.00
50.00
0
5:472.00
:4
S124A
SUBTOTAL
t
$594.00
5
$790.00
0
50.00
0
50.00
0
11,352.00
11
5141.09
14.1 Fxftitr.I,eo Structures
'
sl,000
4
5632.00
-
S210.00
$0.00
0
S %9,00
7
5138.43
14.2 MiscNlaneous
Sr-R00
4
5632.00
$210.00
$0.00
5969,00
7
1 5138.4.
SUBTOTAL
I 5198.00
8
1 51,264.00
4
5420.00
0
1 50.80
I
I 556.00
35,938.00
14 1
5138.03
15.1 Field Visits to Monitor Construction (assumes 5)
59W100
'n
$3,160.00
SO.OD
50.00
5140.00
54,290.0
27.5
$156.0
SUBTOTAL
1 $990.00
20 1
$3,160.00
0 1
$0.00
0 1
$0.001
2.5
1 $140.00
$4,2".001
27.5 1
$156.00
16.1 Reyvmd to Requests for information Jam-, 3)
1
$70.00
S440.00
I
5315.00
50.00
1.5
584.00
51.644.00
12
5137.00
SUBTOTAL
1.S
$297.00
6 1
$940.00
3
5315.00
O 1
so.001
1.5 I
584.00
51.6".001
12
S137.00
171 R-- As -""" Provided by Contractor
0.r,
$99.00
4
$632.00
SO.00
$0.00
1
S28.00
5759.00
S 1
5151.
SUBTOTAL
D. •. 1
"9.001
s 1
S632.081
O
$0.00
0 I
so.001
0.5 1
328.00
$7S9.001
S
fIS1.8
18.1 Pracrss SIRWM11 Permit Certification
S99,001
S3115.001
$0,00
50.00
1
528.00
$443.001
3
$147.67
SUBTOTAL
599.00
2
$316.00
o
$0,081
0
50.011
O.S
528.00
5443 AO
3
5147.67
Geosyntec c
nsult,tn' Exhibit AI - Page 3 of 4
EXHIBIT Al - FEE ESTIMATE
City Park StormwaterRetrofit
Cape Canaveral, Florida
Date:
05i19i14
AssneW
Project Prntexsmnal
Miff Protesstnnai 1p,ra,r ,\A min 7.77anl
Rasrc
Mnn -hours ,isr
rask Act-n,
Rate= S1^hnn
Rate= S15aof,
M—h—, Cnst
Rate= Sin'. m., Rate q
Man -hours Cost M, —hours Cost Mamhours Coat
AC(rv"r
Amount
by Hourly
Act rvtb Hate
Man -h-,,r Cost
SURCONSULTANTS
(I) Morgan R Associates (Surveyor, QA /Q(:) 415,580.110 18.0%
(2) 0.0%
(3) 0.0%
'rota) Subconsullant Fees: S1S,S80.00 113.0%
Geosynte&
consultants
(1) Salary Cost (from above) 470,16
(2)Out•of- Pocket Expenses (refer to Exhibit A21 $67
(3) Subtotal (Consultant's Fees) ((1)4(2)) - 470,03
(4) Subconsultant's Fees (from right) . S I S,SR
Ifxhihit A t , 1 -t I
EXHIBIT A2 - REIMBURSABLE OUT -OF- POCKET- EXPENSES
City Park Stormwater Retrofit
Cape Canaveral, Florida
Date: 05/19/14
Geosyntec
consultants
Exhibit A2 - Page 1 of 1
Photocopies
B/W Copies - 8% "x11"
copy
$0.09
250
$22.50
B/W Copies -11 "x17"
copy
$0.10
0
$0.00
Color Copies -8% "x11"
copy
$1.00
0
$0.00
Color Copies -11 "x 17"
copy
$2.00
0
$0.00
Scans
8.Wx11 ", 8% "x14'; I1 "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
78
$234.00
24 "x36" B/W Plot
sheet
$5.00
0
$0.00
24 "x36" Color Copies
sheet
$7.00
45
$315.00
24 "x36" Color Plot
sheet
$10.00
0
$0.00
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
$15.00
0
$0.00
Courier / Express Delivery Service
Public Works 7delivery
$20.00
4
$80.00
Downtown Cape Canaveral
delivery
$20.00
0
$0.00
All other Central Florida areas (permits, etc.)
delivery
$25.00
0 1
$0.00
Digital Archiving (include burning and labeling)
CD Data
each
$5.00
0
$0.00
DVD Data
each
$10.00
2
$20.00
Report Production
Binders with Tabs, Covers
each
$20.00
0
$0.00
Mounting & Laminating (Presentation Materials)
Gator Board (3116 ")
sf
$10.00
0
$0.00
Project Specifc Costs /Fees
GRAND •
$671.50
Geosyntec
consultants
Exhibit A2 - Page 1 of 1
Proposal for Stormwater Exfiltration System Design
City Park Storm water Retrofit
Cape Canaveral, Florida
May 19, 2014
Attachment B
engineers I scientists I innovators
Geosynteccl
consultants
&NORGN
SO ��e Civil En � ineenf and Land Sun> orr
May 19, 2014
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 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 services for the City Park Exfiltration
Project. My understanding of the requirements for the project is as follows:
Task 1: Right of Way Survey Phase
• Right of Way Survey — Orange Avenue — from Harrison Avenue to Madison Avenue
• Right of Way Survey — Magnolia Avenue — from Harrison Avenue to Madison Avenue
• Detailed Topographic Survey at the following six (6) intersections:
- Orange and Magnolia Avenues at Madison Avenue
- Orange and Magnolia Avenues at Monroe Avenue
- Orange-and Magnolia Avenues at Jackson Avenue
• Existing utilities marked by 811 /Sunshine One shall be located.
Spot elevations and /or 1' contours will be shown on the survey. 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, or as otherwise noted. The survey elevations will be
based on NAVD 1988 datum. Horizontal control will be based on the State Plane system.
Task 2: Utility Conflict Stake Out Survey Phase
• Once preliminary construction plans are prepared by Geosyntec, Morgan will field stake the
potential conflict locations (up to 6 locations /conflicts) identified in the construction plans. Once
staked, the City shall pothole the areas and existing utility information will be field surveyed.
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 will be based on Geosyntec's
schedule for deliverables.
504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone (321) 751 -6088 • Fax (321) 751 -6089
Fees:
The fee will be as follows:
Task 1
Right of Way Survey
$14,100
Task 2
Utility Conflict Stake Out
$1,480
TOTAL
$15,580
We propose to provide the above services for a lump sum fee of $15,580.00. 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 prior to 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 May 31,
2014. Acceptance after this date may necessitate increased fees or altered conditions.
Sincerely, A C C E P T A N C E:
Morgan & Associates Consulting Engineers, Inc.
Andy Kirbach, PE
Vice President
BY:
TITLE:
DATE:
PROJECT NAME City Park Ston —ater Retrofit Cape Canaveral Flonda ATTACHMENT A NAME OF FIRM Morgan and Associates Consulting Engineers . Inc
May 19. 2014
TOTAL LUMP SUM FEE COMPUTATIONS REIMBURSABLE EXPENSES'
Fee Subtotal $ 15 580 00 Miscellaneous Photo Co ,es 9 1 S 0.25 S
Reimbursable Eapenses $ Application Pnntln ' 0 S 5000 5
Blueprint Services 0 $ 250 $
PROPOSAL TOTAL LUMP SUM FEE S 15.580.00 Plotting Services 0 a $ 15.00 S
Total Out -of- Pocket Expenses S
Application pnnbng .01 include. but not be Iimded to, the followmg
Color copies, covers, veto - binding /spiral binding reports. etc
Princi al
Sr. Pr ct Manager
Sr. Pro
el Engineer
Protect
En Ineer
Administration
CADD Operator
Reg. Land
Surva or
Surva
Crew
Manhrs
Task
Hrs
Rate
His
Rate
Hrs
Rata
Hrs
Rate
Hrs
Rate
Hrs
Rate
His
Rate
Hrs
Rate
by
Dollar
TASKS /ACTIVITIES
I S 150.00
f 140.00
120.00
f 105.00
$ 50.00
S 79.00
$ 140.00
$ 150.00
ActhrIty
Totals
Task 1: Bounds /Ri ht of Wa Surrey _
Feld Work - Right of Way
8
S 1 12000
44
S 6.600.00
52
S 7,72000
Utility Location
_..._
4
5 56000
14
$ 2,10000
16
$ 2,660.00
_
Prepare, Survey
_
40
S 316020
4
5 56000
44
S 3,720.00
Total Task
_
40
$ 3,160.00
16
S 2,240.00
58
S 8,700.00
114
f 14100.00
Task 2: Utility Conflict Stake Out
Utility Conflict Stake Out (Potholing by others
_ _
2
S 280 00
8
1 S 1.20000
10
1 $ 1,48000
Total Task 2
2
S 280.00
8
$ 1,200.00
10
f },180.00
1
SUBTOTALS
0
S
0
1 $
0
f
O
Is
0
1 $
40 1
S 3,160.00
1 18
$ 2,520.00
86
f 9,900.00
124 1
S 15,580.00
TOTAL LUMP SUM FEE COMPUTATIONS REIMBURSABLE EXPENSES'
Fee Subtotal $ 15 580 00 Miscellaneous Photo Co ,es 9 1 S 0.25 S
Reimbursable Eapenses $ Application Pnntln ' 0 S 5000 5
Blueprint Services 0 $ 250 $
PROPOSAL TOTAL LUMP SUM FEE S 15.580.00 Plotting Services 0 a $ 15.00 S
Total Out -of- Pocket Expenses S
Application pnnbng .01 include. but not be Iimded to, the followmg
Color copies, covers, veto - binding /spiral binding reports. etc
Proposal for Stormwater Exfiltrotion System Design
City Park Stormwater Retrofit
Cape Canaveral, Florida
May 19, 2014
Attachment C
engineers I scientists I innovators
Geosyntec cl
consultants
ATTACHMENT C - PROPOSED PROJECT SCHEDULE
CITY PARK STORMWATER RETROFIT
CAPE CANAVERAL, FLORIDA
May 19, 2014
Page 1 of 1
ID
Task Name
Duration
Start
Finish
Pred
1
Phase 2 Notice to Proceed
Phase 2 - Design
30% Design Meeting
Field Reconnaissance + Survey
60% Plans
Qty Review of 60% Plans
90% Plans
Utility Coordination
Draft Permit Preparation
100% Construction Plans
Draft Permit and 100% Plans Submittal to City for Review
Final Permit Preparation and Submittal
SIRWMD Permit Review
Final Construction Documents
Project Close Out
0 days
110 days
1 day
29 days
15 days
5 days
10 days
5 days
5 days
10 days
5 days
5 days
4 wks
10 days
0 days
Mon 6/23/14
Mon 6/23/14
Mon 6/23/14
Tue 6/24/14
Mon 8/4/14
Mon 8/25/14
Mon 9/1/14
Mon 9/1/14
Mon 9/8/14
Mon 9/15/14
Mon 9/29/14
Mon 10/6/14
Mon 10/13/14
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Task
Summary
Project Summary
Manual Summary Rollup
':r Manual Summary
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
Item No '1
Subject. Award the Manatee Park Parking Lot Improvements Bid #2014 -05 to Wm
Turnbaugh Construction, Inc., in the amount of $87,745 and authorize the City Manager
to execute the Construction Agreement for same
Department: Leisure Services
Summary- The parking lot at Manatee Sanctuary Park is in disrepair and requires
paving and other improvements. The paving will be constructed to City Code with a
concrete ribbon along the perimeter of all paved areas Other improvements include a
new dumpster enclosure built out of split block to match the existing building, new solar
lights to illuminate the parking lot and an upgraded landscape island As the City's
flagship riverfront park, this project will significantly improve the park and bring the
parking lot up to City Code
To accomplish the needed improvements, Leisure Services (LS) invited qualified
Licensed General Contractors, in accordance with the City's Purchasing Policy and
Florida Statutes, to submit Bids for the Parking Lot Improvements to Manatee Sanctuary
Park. Staff posted bid information to Onvia, Inc , bid service, on the City's website,
Florida Today newspaper on May 7, 2014 and via email to contractors on the City's
vendor list. Eight (8) sealed bid submittals were received at the City Clerk's Office and
publicly opened at the Cape Canaveral Library Meeting Room on May 23, 2014 The
lowest and best bid was submitted by Wm Turnbaugh Construction, Inc of West
Melbourne, Florida in the amount of $85,995 00, the second lowest in the amount of
$93,759 35 was submitted by CMS Engineering Services Florida, of Kissimmee,
Florida City Engineering Consultant, John Pekar, P E , LLC, and LS Staff analyzed the
bid submittals for concurrence with bid requirements During the review, mathematical
errors were identified In accordance with the bid documents "The Owner reserves the
right to waive technicalities or irregularities, to reject any or all bids, and to accept that
Bid which is in the best interest of the City, in the sole and absolute discretion of the
City" Additionally, Federal Regulation 635 114 states "Where obvious unbalanced bid
items exist, the decision to award or reject a bid shall be supported by written
justification A bid found to be mathematically unbalanced, but not found to be materially
unbalanced, may be awarded " In keeping with the Bid Documents, Federal
Regulations and the City's past practices, contact was made with Wm Turnbaugh
They agreed to perform the work for the corrected bid amount of $87,745, which still
makes them lowest bidder Reference checks with the City of Melbourne, Brevard
County Public Works and our own City's Public Works Services revealed positive
responses concerning Wm Turnbaugh Construction, Inc It is, therefore, the
recommendation of Staff to award the bid to Wm Turnbaugh Construction, Inc., the
lowest bidder A proposed Construction Agreement is attached
li
Submitting Director Gustavo Vergara Q) Date 06/9/2014
City Council Meeting Date 06/17/2014
Item No
Page 2 of 2
Attachment: Construction Agreement
Financial Impact: $87,745 for the Project to Wm Turnbaugh Construction, Inc, to be
funded by the Stormwater Fund ($22,974) and Parks and Recreation Impact Fees
($64,771), Staff time to prepare Agenda item
Reviewed by Finance Director- John DeLeo Date 6' ` I�
The City Manager recommends that City Councliktalke the following action
Award the Manatee Park Parking Lot Improvements id #2014 -05 to Wm Turnbaugh
Construction, Inc , in the amount of $87,745 and authorize the City Manager to execute
the Construction Agreement for same
Approved by City Manager- David L Greene Date 6 id /Y
City Council Action [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral Attachment 1
Manatee Park Parking Lot Improvements
SECTION 00 50 00
CONSTRUCTION AGREEMENT
This Agreement is made this day of , 2014 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (OWNER), and , a
authorized and duly licensed to do business in the State of Florida
(CONTRACTOR), as follows.
1 DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the
Contract Documents for the construction of
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits
and Addendum to the Agreement, if any; the Engineering Plan and Drawings prepared by
dated , Bid Documents issued by the City,
dated Contractor's Bid Submittal, dated , General Conditions,
if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved
by the City after execution of this Agreement, and Amended Contract Documents (if
required). These Contract Documents are hereby incorporated into this Contract by this
reference.
3 ORDER OF PRECEDENCE - In case of inconsistency in any of the documents bearing on
The Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be
resolved by giving precedence in the following order-
a. Agreement Exhibits and Addenda, Contractor's Bid Submittal
b Change Orders
c. Supplemental Terms and Conditions
d General Terms and Conditions
e Engineering Plans and Specs
Any inconsistency in the work description shall be clarified by the OWNER and performed by
the CONTRACTOR.
4 AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should
any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the
OWNER at its sole discretion will interpret the intent of the Agreement and work descriptions
and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees
to cant' out the work in accordance with the decision of the OWNER. When the material,
article, or equipment is designated by a brand name and more than one brand name is listed,
it will be understood that the work is based on one brand name only The CONTRACTOR will
be responsible for all coordination necessary to accommodate the material, article, or
equipment being provided without additional cost to the OWNER. A substitute material,
article, or equipment is allowed if it is reasonably equivalent to the brand name specified The
OWNER has full discretion to decide whether a substitute is reasonably equivalent.
CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand
name and allow the OWNER to make a determination before CONTRACTOR uses the
substitute
CONSTRUCTION AGREEMENT 005000-1
City of Cape Canaveral
Manatee Park Parking Lot Improvements
5 CONTRACT TIME - The CONTRACTOR shall begin work within days after the
issuance of a written Notice to Proceed and shall complete the work within thirty (30)
calendar days from the date of the Notice to Proceed Extensions, if any, are authorized by
OWNER, and may only be granted in writing.
6 LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph 5 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER $ for each day
that expires after the time specified in Paragraph 5 for the completion until the work is finally
complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10 00)
Dollars as consideration for this provision
7 CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR
in current funds for the performance of the work, subject to additions and deductions by
Change Order, the Total Contract Price of
( ). Payments will be made to the CONTRACTOR for actual quantities installed
on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as
fully a part of the Contract as if attached or repeated herein.
8. TERMINATION, DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER
reserves the right to revoke and terminate this Agreement and rescind all rights and privileges
associated with this Agreement, without penalty, for convenience. Further, the OWNER
reserves the right to revoke and terminate this Agreement in the following circumstances,
each of which shall represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days
after written notice from the OWNER specifying the default complained of, unless,
however, the nature of the default is such that it cannot, in the exercise of reasonable
diligence, be remedied within seven (7) calendar days, in which case the
CONTRACTOR shall have such time as is reasonably necessary to remedy the
default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore; or
b CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its
debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
d CONTRACTOR has committed any act of fraud upon the OWNER, or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while
performing its obligations under this Agreement; or
f CONTRACTOR is experiencing a labor dispute, which threatens to have a
substantial, adverse impact upon performance of this Agreement without prejudice to
any other right, or remedy OWNER may have under this Agreement.
CONSTRUCTION AGREEMENT 005000-2
City of Cape Canaveral
Manatee Park Parking Lot Improvements
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the
OWNER shall have the right to exercise any other remedy the OWNER may have by
operation of law, without limitation, and without any further demand or notice In the event of
such termination, OWNER shall be liable only for the payment of all unpaid charges,
determined in accordance with the provisions of this Agreement, for Work properly performed
prior to the effective date of termination.
9 FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God, fire, flood;
windstorm, explosion; riot; war; sabotage, strikes (except involving CONTRACTOR's labor
force); extraordinary breakdown of or damage to OWNER's affiliates' generating plants, their
equipment, or facilities, court injunction or order; federal and /or state law or regulation, order
by any regulatory agency; or cause or causes beyond the reasonable control of the party
affected; provided that prompt notice of such delay is given by such party to the other and
each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If
any circumstance of Force Majeure remains in effect for sixty days, either party may
terminate this Agreement.
10 SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties,
at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in
the affected provision of this Agreement. The validity and enforceability of the remaining parts
of this Agreement shall otherwise be fully enforceable
11 PROGRESS PAYMENTS - OWNER shall make progress payments on account of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the
OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
Progress payments may be withheld if-
a. Work is found defective and not remedied,
b Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or
equipment furnished him,
d Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job, or
f In the opinion of the City of Cape Canaveral, Contractor's work is not progressing
satisfactorily
12. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the
project in accordance with the Local Government Prompt Payment Act ( "Act ") After 50%
completion of the project, OWNER may reduce to 5% the amount of the retainage withheld
from each subsequent progress payment made to the CONTRACTOR unless the project is
subject to Federal funding, in whole or in part, and the project is subject to laws and
regulations contrary to the Act. The term "50% completion of the project" shall mean the
point at which the OWNER has expended 50% of the total cost of the construction services
purchased under this Agreement together with all costs associated with existing change
orders and other additions or modifications to the construction services provided for in this
Agreement. After 50% completion, the Contractor may present to the OWNER a payment
CONSTRUCTION AGREEMENT 005000-3
City of Cape Canaveral
Manatee Park Parking Lot Improvements
request for up to one -half of the retainage held by the OWNER. Owner shall promptly make
payment to the CONTRACTOR unless the OWNER has grounds, under the Act, for
withholding the payment of the retainage. The remaining retainage amount withheld shall be
released with the Final Payment after the issuance of the Final Completion Certificate
OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is
fully and properly completed, if the contract has been fully and timely performed, but subject
to the condition that final payment shall not be due until CONTRACTOR has delivered to
OWNER a complete release of liens arising out of the contract, or receipt of releases of lien
fully covering all labor, materials and equipment for which a lien could be filed, or in the
alternative a bond satisfactory to OWNER indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those
relating to
a. Faulty work appearing after substantial completion has been granted,
b Work that does not comply with the Contract Documents:
c. Outstanding claims of liens, or
d Failure of Contractor to comply with any special guarantees required by the
Contract Documents
13 DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE
ARCHITECT. DUTIES AND AUTHORITY - The duties and authority of the OWNER are as
follows.
a. General Administration of Contract. The primary function of the OWNER is to
provide the general administration of the contract. In performance of these duties,
or his authorized representative is the OWNER's
Project Manager during the entire period of construction. The OWNER (CITY) may
change the Project Manager during the term of this contract.
b Inspections, Opinions, and Progress Reports. The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site. The OWNER will not be responsible for the means of
construction, or for the sequences, methods, and procedures used therein, or for the
CONTRACTOR's failure to perform the work in accordance with the Contract
Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access to
the worksite at all times during work preparation and progress. The Project Manager
is not obligated to make exhaustive or continuous onsite inspections to perform his
duties of checking and reporting on work progress, and any such inspections shall not
waive Owner's claim regarding defective work by Contractor
d Interpretation of Contract Documents. Decisions on Disputes. The OWNER will
be the initial interpreter of the contract document requirements, and make decisions
on claims and disputes between Contractor and Owner
e Resection and Stoppage of Work. The OWNER shall have authority to reject work
which in its opinion does not conform to the Contract Documents, and in this
connection may stop the work or a portion thereof, when necessary
f Payment Certificates. The OWNER will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications
and OWNER's inspections and observations, and will issue certificates for progress
CONSTRUCTION AGREEMENT 005000-4
City of Cape Canaveral
Manatee Park Parking Lot Improvements
payments and final payments in accordance with the terms of the Contract
Documents.
14 PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings
on a monthly basis, or more frequently if required by the OWNER, during the term of work
entered into under this Agreement. CONTRACTOR's Project Manager and all other
appropriate personnel shall attend such meetings as designated by the OWNER'S Project
Manager
15 RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection
with the project herein are as follows.
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques,
sequences, procedures and means, for the coordination of all work. CONTRACTOR
shall supervise and direct the work, and give it all attention necessary for such proper
supervision and direction.
b Discipline and Employment. CONTRACTOR shall maintain at all times strict
discipline among his employees, and he agrees not to employ for work on the project
any person unfit or without sufficient skill to perform the job for which he was
employed
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all
labor, materials and equipment, including tools, construction equipment and
machinery, utilities, including water, transportation, and all other facilities and work
necessary for the proper completion of work on the project in accordance with the
Contract Documents. The Owner will purchase the solar lighting as an Owner
Direct Purchase (ODP) item.
d Payment of Taxes. Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying
the fees thereof CONTRACTOR warrants that it (and subcontractors or tradesmen,
if authorized in the Contract Documents) hold or will secure all trade or professional
licenses required by law for CONTRACTOR to undertake the contract work.
e Guarantee for Work. CONTRACTOR will provide written guarantee for work and
materials for one (1) calendar year after acceptance by OWNER.
16 ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
rights or any monies due or to become due hereunder without the prior, written consent of the
OWNER.
a. If upon receiving written approval from OWNER, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to
OWNER for all acts and /or omissions performed by the subcontractor as if no
subcontract had been made.
b If OWNER determines that any subcontractor is not performing in accordance with
this Agreement, OWNER shall so notify CONTRACTOR who shall take immediate
steps to remedy the situation
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor
to provide OWNER and its affiliates with insurance coverage as set forth by the
OWNER.
CONSTRUCTION AGREEMENT 005000-5
City of Cape Canaveral
Manatee Park Parking Lot Improvements
17 THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than OWNER and CONTRACTOR.
18 PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement.
19 NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal -
agent relationship between the parties and neither party is authorized to, nor shall either party
act toward third persons or the public in any manner which would indicate any such
relationship with the other party
20 INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its
officers, employees, and city attorneys (individually and in their official capacity) from liability,
losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of
CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of
this Agreement.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own
expense or to provide for such defense, at the option of the OWNER, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the OWNER or its officers, employees, and city attorneys covered by this
indemnification. In all events the OWNER and its officers, employees, and city attorneys
shall be permitted to choose legal counsel of its sole choice, the fees for which shall be
reasonable and subject to and included with this indemnification provided herein
21 SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability
for the safety and supervision of its principals, employees, contractors, and agents while
performing work provided hereunder
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the OWNER the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized
to cant' on the functions and operations set forth in this Agreement.
b The undersigned signatory for CONTRACTOR has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
CONTRACTOR has been duly authorized by the board of directors and /or president
of CONTRACTOR. In support of said representation, CONTRACTOR agrees to
provide a copy to the OWNER of a corporate certificate of good standing provided by
the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the
work stated in paragraph 10 herein. In support of said representation,
CONSTRUCTION AGREEMENT 005000-6
City of Cape Canaveral
Manatee Park Parking Lot Improvements
CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to
the execution of this Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the OWNER's City Attorney and in accordance with the requirements of section
255 05, Florida Statutes, in an amount specified in the Contract Documents CONTRACTOR
shall provide a certified copy of the recorded bond to the OWNER prior to commencing the
Work. CONTRACTOR acknowledges and agrees that OWNER is prohibited from making
payment to CONTRACTOR until CONTRACTOR has provided said copy to OWNER.
24 INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of $2,000,000 as the combined single limit for each occurrence to
protect the CONTRACTOR from claims of property damages which may arise from
any Work performed under this Agreement whether such Work is performed by the
CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
b The CONTRACTOR shall maintain comprehensive automobile liability insurance in
the minimum amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to
protect the CONTRACTOR from claims for damages for bodily injury, including
wrongful death, as well as from claims from property damage, which may arise from
the ownership, use, or maintenance of owned and non -owned automobiles, including
rented automobiles whether such operations be by the CONTRACTOR or by anyone
directly or indirectly employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law
and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its
employees performing Work for the OWNER pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the term of this Agreement. A copy of a current
Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the
Effective Date of this Contract which satisfies the insurance requirements of this paragraph
24 Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date.
There shall also be a 30 -day advance written notification to the OWNER in the event of
cancellation or modification of any stipulated insurance coverage The OWNER shall be an
additional named insured on all stipulated insurance policies as its interest may
appear, from time to time, excluding workers' compensation and professional liability
policies.
Independent Associates and Consultants. All independent contractors or agents
employed by CONTRACTOR to perform any Work hereunder shall fully comply with the
insurance provisions contained in these paragraphs for Section 24
25 MEDIATION/VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation. The parties agree to equally share the cost of the mediator Should the parties fail
CONSTRUCTION AGREEMENT 005000-7
City of Cape Canaveral
Manatee Park Parking Lot Improvements
to resolve their differences through mediation, then any cause of action filed hereunder shall
be filed in the Circuit or County Court for Brevard County, Florida.
26 GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any
state action or litigation shall be Brevard County, Florida. Venue for any federal action or
litigation shall be Orlando, Florida.
27 ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover
from the non - prevailing party the costs and expenses of such action including, but not limited
to, reasonable attorney's fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
29 WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that
the contractual relationship between the OWNER and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the OWNER. The
CONTRACTOR, its contractors, partners, agents, and their employees are independent
contractors and not employees of the OWNER. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor,
between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
30 PUBLIC RECORDS - In accordance with section 119 0701, Florida Statutes,
CONTRACTOR 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. CONTRACTOR
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.
CONTRACTOR 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
CONTRACTOR 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, CONTRACTOR shall meet all requirements for retaining public records
and transfer, at no cost, to the City all public records in possession of the CONTRACTOR
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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR's failure to comply with the provisions of this Paragraph, the City shall
CONSTRUCTION AGREEMENT 005000-8
City of Cape Canaveral
Manatee Park Parking Lot Improvements
be entitled to collect from CONTRACTOR prevailing party attorney's fees and costs, and any
damages incurred by the City, for enforcing this Paragraph against CONTRACTOR. 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 CONTRACTOR's
failure to comply with the provisions of this Paragraph. This Paragraph shall survive the
termination of this Agreement.
31 SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to
sovereign immunity under Section 768.28, or other limitations imposed on the CITY'S
potential liability under state or federal law As such, the CITY shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the
CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for
more than two hundred thousand dollars ($200,000 00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum
of three hundred thousand dollars ($300,000 00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to
be construed as part of this Agreement.
33 INTEGRATION, MODIFICATION - The drafting, execution, and delivery of this Agreement
by the Parties has been induced by no representations, statements, warranties, or
agreements other than those expressed herein. This Agreement embodies the entire
understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless
expressly referred to herein. Modifications of this Agreement shall only be made in writing
signed by both parties.
34 WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any term or provision
of this Agreement shall not be considered a waiver of that term, condition, or provision in the
future. No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party hereto
This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
35 DRAFTING - OWNER and CONTRACTOR each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
36 NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered
by hand or mailed, postage prepaid to
For CONTRACTOR:
CONSTRUCTION AGREEMENT 005000-9
City of Cape Canaveral
Manatee Park Parking Lot Improvements
For OWNER:
City of Cape Canaveral
David Greene, City Manager
P O Box 326 (105 Polk Ave )
Cape Canaveral, FL 32920
Either party may change the notice address by providing the other party written notice of the
change
Signed, Sealed and Delivered in the presence of-
Attest:
Attest:
Angela Apperson,
Assistant City Manager /City Clerk
CONTRACTOR:
a
Date
OWNER:
City of Cape Canaveral,
a Florida municipal corporation
David L. Greene, City Manager
Date
CONSTRUCTION AGREEMENT
00 50 00 -10
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
Item No. S
Subject: Ordinance No. 06 -2014; amending Section 90 -172 of the Cape Canaveral
Code of Ordinances regarding banks of detention and retention areas; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, second reading.
ent: Communitv and Economic Develo
Summary: Ordinance No. 06 -2014 is being proposed to clarify certain design
standards for the construction of wet and dry, detention /retention facilities that represent
a critical component of the City's stormwater management system.
Managing the quantity and quality of stormwater is referred to as stormwater
management. Stormwater is of concern for two main issues: one related to the volume
and timing of runoff water (flooding) and the other related to potential contaminants that
the water is carrying (water pollution). The Federal Government, through the
Environmental Protection Agency, has promulgated rules associated with stormwater.
Local governments are required to implement these standards largely to safeguard their
water resources. As Cape Canaveral is a barrier island, the management of water
quality and quantity is even more critical.
Retention /detention ponds provide two important services in stormwater management.
First, they retain the runoff before releasing it into surface water bodies (streams, lakes,
rivers). They release the water at flow rates and frequencies similar to those that existed
under natural conditions. The second benefit of the ponds is that they provide pollutant
removal. It has been reported that ponds remove 30 -80% of certain pollutants from
water before it enters nearby water bodies. Common pollutants reduced are sediments,
bacteria, greases, oils, metals, total suspended solids, phosphorous and nitrogen.
During the development review of a recent project within the City, certain ambiguities
and internal inconsistencies surfaced regarding allowable slopes associated with
detention /retention ponds. In short, the proposal would change the maximum perimeter
slope of a dry or wet detention /retention area from no greater than 6:1 to 4:1. This ratio
refers to the vertical drop (1 foot) over a horizontal length (4 feet).
The proposed revision would bring the City's standard into conformance with those
promulgated by St. Johns River Water Management District (District). This rule falls
under 62- 330.301(1)(e), Florida Administrative Code and is contained in Part II,
Paragraph 2.6.1 of the District's "Permit Information Manual" (Attachment 2) In addition,
the revision would grant the City Engineer the authority to administratively approve
alternate slopes.
In correspondence dated January 29, 2014, the City Engineer recommended approval
of the proposed revision (Attachment 3). In addition, the City's Public Works Services
has indicated support of the proposed revision. The Planning and Zoning Board at its
April 23, 2014 meeting recommended approval by a 6 -1 vote (Attachment 4).
City Council Meeting Date: 6/17/2014
Item No. -I-
Page 2 of 2
Ordinance No. 06 -2014 was approved at first reading on May 20, 2014. The Notice of
Public Hearing was advertised in Florida Today on May 29, 2014.
Submitting Director: David Dicke Date: 06/05/2014
Attachments:
1. Ordinance No. 06 -2014.
2. Paragraph 2.6.1 of the District's "Permit Information Manual ".
3. City Engineer Memo, January 29, 2014.
4. P &Z Recommendation.
Financial Impact: Staff time to prepare Agenda Item; cost to prepare, advertise and
codify Ordinance.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Coun6il take the following action:
Adopt Ordinance No. 06 -2014, second reading.
Approved by City Manager: David L. Greene494.14- Date: 6.14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ) Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. 06-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 90 -172 OF THE CAPE CANAVERAL
CODE OF ORDINANCES REGARDING BANKS OF DETENTION
AND RETENTION AREAS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral believes best stormwater
engineering practices serve the interests of ecology and economy and contribute to the general
quality of life for the residents of Cape Canaveral; and
WHEREAS, the City Engineer of the City of Cape Canaveral has recommended the
ordinance revisions detailed herein; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 90, Floods, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeettt type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of
text existing in Chapter 90. It is intended that the text in Chapter 90 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 90. FLOODS
* * *
City of Cape Canaveral
Ordinance No. 06 - 2014
Pagel of 3
ARTICLE IV. STORMWATER MANAGEMENT
DIVISION 4. DESIGN STANDARDS
Sec. 90 -172. Banks of detention and retention areas.
Both dry and wet detention/retention areas may be used in the design of the City's stormwater
management systems. The perimeter banks of detention and retention in the stet...•. atef
management system either s. sy tem shall have a maximum ' er-ize tal to vert eal slope no rg eater
than of 6:1 4:1; unless otherwise approved by the City En ig'neer. In For wet detention /retention
basins pemis, this slope shall extend at least two feet below the controlled water -level before
becoming steeper. Underwater slopes shall not be greater than 2:1.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral
City Code and any section or paragraph, number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may
be corrected and additions, alterations, and omissions, not affecting the construction or meaning of
this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural, or any other reason, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the
City Council of the City of Cape Canaveral, Florida.
Adoption page follows
City of Cape Canaveral
Ordinance No. 06 - 2014
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of June,
2014.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
May 20, 2014
Legal Ad published:
May 29, 2014
Second Reading:
June 17, 2014
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 06 - 2014
Page 3 of 3
Attachment 2
(b) Easements for waterbodies, open conveyance systems, stormwater basins
and storage areas must meet the following requirements:
Include the area of the water surface measured at the control
elevation
2. Be a minimum of 20 feet from the edge of water at the control
elevation or top of bank and include side slopes no steeper than
4H:1 V
(c) Easements adjacent to water control structures must be 20 feet wide.
(d) Easements for piped stormwater conveyance must be a minimum of the
width of the pipe plus 4 times the depth of the pipe invert.
(e) Access easements must be 20 feet wide from a public road or public right -
of -way to the stormwater management system.
(f) As an alternative, the applicant may propose other authorization for
maintenance access provided the applicant affirmatively demonstrates that
equipment can enter and perform the necessary maintenance on the system.
A copy of the legal authorization must be submitted with the permit application.
2.5 Legal Authorization
Applicants which propose to utilize offsite areas not under their control to satisfy the
criteria for evaluation listed in section 2.0 must obtain sufficient legal authorization
prior to permit issuance to use the area. For example, an applicant who proposes to
locate the outfall pipe from the stormwater basin to the receiving water on an
adjacent property owner's land must obtain a drainage easement or other appropriate
legal authorization from the adjacent owner. A copy of the legal authorization must
be submitted with the permit application.
2.6 Public Safety
----> 2.6.1 Basin Side Slopes
Normally dry basins designed to impound more than two feet of water or
permanently wet basins must contain side slopes that are no steeper than 414:1 V out
to a depth of two feet below the control elevation. As an alternative, the basins can
be fenced or otherwise restricted from public access if the slopes must be steeper due
to space or other constraints.
2 -7
Attachment 3
JOHN A. PEKAR, P.E., LLC
Civil Engin*wIng /Consul ing
102 Columbia Drive
E Suite 207
Cape Canaveral, FL 32920
Office Phone: 921 -613 -2959
Cell Phone: 321 - 288 -1040
johapekarpe@gmaiiLoom
jfafw.A OPi,6" 4P Po Rani Flowe roai8owe@sasH.com
OJJkeManager CeUPhone: 321 - 103 -9899
January 29, 2014
Todd Morley
City of Cape Canaveral
Community & Economic Development
7510 North Atlantic Avenue
Cape Canaveral, FL 32920
Re: City of Cape Canaveral — Section 90 -172 City Code Revision
Dear Todd:
In reviewing the proposed ordinance for banks of detention/retention systems, I would like to
recommend the following:
Sec. 90 -172 reads good with the exception of the last sentence concerning the
planning of the littoral zone. This last sentence should be removed.
The suggested planting of the littoral zone is a little ahead of the City's
experience to select appropriate native vegetation, evaluate long term plant
viability, measure 20% ratios of various pond shapes, etc. The 4:1 slopes will
generally generate native plant types on their own, while new water quality data
is currently being developed.
With the removal of the last sentence in Sec. 90 -172, I would recommend approval.
If you have any questions please call.
Thanks.
John A. Pekar, P.E.
JAP:rmf
Attachment 4
Memo
TO: Todd Morley, Community & Economic Development Director
David Dickey, Planning & Zoning Director
FROM: Susan Juliano, Secretary, Planning & Zoning Board
THROUGH: John Price, Chairperson, Planning & Zoning Board
i.
DATE: May 13, 2014
RE: Recommendation to City Council - Ordinance No. 06 -2014;
Detention and Retention Areas; Providing for the Repeal
Ordinances and Resolutions; Incorporation into the Code;
Effective Date.
Regarding Banks of
of Prior Inconsistent
Severability; and an
At Planning & Zoning Board meeting held on April 23, 2014, the Board reviewed, held discussions, and
recommended approval, by a 6 -1 vote, of the proposed ordinance.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
Item No. to
Subject: Ordinance No. 07 -2014; amending Chapter 54, Parks and Recreation, of the
Code of Ordinances; providing a definition of City Parks; providing procedures for the
naming of City Parks; providing Rules and Regulations for City Parks; authorizing the
City Council to award certain- franchises for surf, paddleboard and kayak instruction by
competitive bid pursuant to certain requirements and restrictions; providing for the
repeal of prior inconsistent ordinances and resolutions; incorporation into the Code;
severability; and an effective date, second reading.
nt: Leisure Services
Summary:
Chapter 54 of the City Code regulates Parks and Recreation activities and also outlines
a process for vendors interested in selling consumable goods on City beaches. As
written, the existing Code does not define or comprehensively target behaviors that are
prohibited in City Parks. As an example, some of these items were previously
discussed at the Regular City Council Meeting of November 20, 2012 regarding Center
Street Park and fishing. Impacts of fishing at the Park included: the effect on
neighboring homeowners due to people trespassing onto their private property to fish;
waste left behind by people cleaning fish; and liability risks for the City as access to the
river was not safely provided for at this facility.
The attached Ordinance adds definitions and clarification designed to assist the public
by informing them of what is /is not prohibited while visiting City Parks, protects City
interests and becomes a tool for law enforcement should an individual's or group's
behavior negatively impact parks or the public. The addition of a surf
school /paddleboard /ecotourism franchise opportunity opens the door for the City to add
services which are currently illegal under the existing Code. Although the concept of a
sailing school franchise was brought up at first reading, Staff has not received any
inquiries from residents or requests from any vendors specializing in this activity. Thus,
this concept will not be pursued as part of this Ordinance revision.
Staff conducted research on several neighboring municipalities and large cities such as
Orlando, attempting to address immediate concerns like vagrancy, defecation and other
undesirable conduct at City Parks while continuing to proactively deal with issues that
could affect this City similar to the ones addressed by these municipalities.
In conclusion, Ordinance No. 07 -2014 will enhance the park experience for residents
and visitors by clearly outlining what behavior the City deems appropriate while visiting
a park. They also pave the way for new and exciting opportunities for residents and
visitors by allowing surf lessons on the beach and paddleboard lessons /kayak eco tours
out of one of the City's riverfront parks.
Ordinance No. 07 -2014 was approved at first reading on May 20, 2014. The Notice of
Public Hearing was advertised in Florida Today on May 29, 2014.
City Council Meeting Date: 6/17/2014
Item No.
Page 2 of 2
Submitting Directors: Gustavo Ver ara (9 1( *
Date: 6/5/2014
Attachment: Ordinance No. 07 -2014
Financial Impact: Cost of Ordinance /Agenda item preparation,
advertisement and
Codification. However, additional revenue is anticipated
should the additional
franchises be granted.
Reviewed by Finance Director: John DeLeo
Date: F' 6 l l
The City Manager recommends that City Council a the following action:
Adopt Ordinance No. 07 -2014, second reading.
Approved by City Manager: David L. Greene `
Date:
City Council Action: [ ] Approved as Recommended [
] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 07-2014
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 54, PARKS AND
RECREATION, OF THE CODE OF ORDINANCES; PROVIDING
A DEFINITION OF CITY PARKS; PROVIDING PROCEDURES
FOR THE NAMING OF CITY PARKS; PROVIDING RULES AND
REGULATIONS FOR CITY PARKS; AUTHORIZING THE CITY
COUNCIL TO AWARD CERTAIN FRANCHISES FOR SURF,
PADDLEBOARD AND KAYAK INSTRUCTION BY
COMPETITIVE BID PURSUANT TO CERTAIN
REQUIREMENTS AND RESTRICTIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
WHEREAS, the overall goal of the Recreation and Open Space Element of the City's
Comprehensive Plan is to assure that citizens of all ages who reside in Cape Canaveral are provided with
a system of facilities and programs to meet their needs for active and passive recreation; see Goal R -1,
Recreation and Open Space Element, City of Cape Canaveral Comprehensive Plan;
WHEREAS, the City Council desires to establish and maintain a consistent approach and
procedure to naming City parks and recreational facilities;
WHEREAS, the City desires to adopt rules and regulations to provide for the safe enjoyment of
the City's parks and recreational facilities;
WHEREAS, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter
provided that the use of the ocean beach for public recreational purposes was paramount to its use for any
other purpose; see Ch. 63 -1197, Article II, § 1(9), Laws of Fla.;
WHEREAS, consistent with this Charter provision, the City has traditionally restricted any
commercial activities from occurring on its beaches;
WHEREAS, the City has permitted limited commercial vending activities on its beaches in an
effort to enhance and improve the experience of beach -goers since approximately 2010;
WHEREAS, the safety, welfare and convenience of the persons who reside near the beaches and
riverfront parks of the City of Cape Canaveral and of the public who recreate on the beaches and
riverfront parks are of the utmost importance to the City and to the City Council;
WHEREAS, it is the intent of this Ordinance to allow additional limited commercial recreational
activities at City beaches and riverfront parks provided such activities do not adversely affect the safety,
welfare and convenience of persons who reside near beaches and riverfront parks, and of the public who
recreate at the beaches and riverfront parks;
City of Cape Canaveral
Ordinance No. 07 -2014
Page 1 of 13
WHEREAS, the City Council desires to permit limited commercial recreational beach and
riverfront park activities by franchise agreement pursuant to the conditions and limitations set forth
herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Amendment to Chapter 54. Chapter 54, Parks and Recreation, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and s#vilcom#
type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 54 -1. .Definition of City Park.
: +.
4E e er-essever- any glass s battle ink glass other- glass nta
0
"City Park" means land owned or maintained by the City of Cape Canaveral and which is designated as a
public park or public recreational area by the City's Comprehensive Plan (Recreation and Open Space
Element), by a resolution adopted by the city council, or by dedication that has been accepted by the city
council. Included in the definition of the term "City_ Park" are the city's special use facilities and all
natural resources, wildlife, facilities, improvements, waters and materials in, on or under the lands so
designated.
Sec. 54 -2. Procedures for Naming of City Parks. mss.
(a) Intent and Purpose; Findings. The intent and purpose of this section is to establish a
uniform method and procedure to assist the city council in naming certain City Parks. The city council
hereby finds that the authority to name City Parks is solely vested in the city council. Nothing herein
City of Cape Canaveral
Ordinance No. 07 -2014
Page 2 of 13
I 11M.
..
....
(a) Intent and Purpose; Findings. The intent and purpose of this section is to establish a
uniform method and procedure to assist the city council in naming certain City Parks. The city council
hereby finds that the authority to name City Parks is solely vested in the city council. Nothing herein
City of Cape Canaveral
Ordinance No. 07 -2014
Page 2 of 13
shall be construed as a delegation of any authority to name a City Park to any other person or entity. The
naming of City Parks shall be determined in the sole and absolute discretion of the city council.
Generally. The naming of a City Park shall be determined by the city council either (i)
based on its own initiative, (ii) upon a recommendation by the director of leisure services, (iii)upon the
request of any person or entity desiring to assist the city_ council in determining the name of any City
Park, or (iv) as part of city council approval of a new land development project which consists of a new
City Park pursuant to the city's land development regulations. The director of leisure services may make a
recommendation to the city council based on the director's own initiative, or as part of an assistance
petition as set forth below.
(c) Naming Guidelines. When considering the naming of any City Park, the director of
leisure services and city council shall consider the following g aming attributes:
1. Recognized geographic names;
2. Natural historic features;
3. Significant historic contributions to the city, State of Florida, or United States;
4. Significant material or financial contributions to the cites
5. Persons of historic service to the city;
6. Persons of outstanding civic service to the city; and
7. Documented community support for the name.
Other Factors. When considering the naming of any City Park, the director of leisure
services and city council shall also consider the following other factors:
1. The cost that the naming or renaming will have on the city or any other person who is or could
be materially affected by the name or name change;
2. Naming_ proposals that promote alcohol and tobacco products or political organizations will
not be considered;
3. Preference shall be given to names of long established local usage and names that lend dignity
to the park or recreational facility to be named;
4. Persons currently serving on the city council or serving as an existing city employee shall not
be considered;
5. Names selected shall be of enduring, honorable fame, not notoriety and shall be commensurate
with the significance of the Cites
6. Names with connotations which by contemporary community standards are derogatory or
offensive shall not be considered;
7. Proliferation of the same name for different City Parks shall be avoided;
City of Cape Canaveral
Ordinance No. 07 -2014
Page 3 of 13
and
8. Proliferation of multiple names for different parts of a particular City Park shall be avoided:
9. If the name is an individual person, whether the individual has ever been convicted of a
felony.
(e) Assistance Petitions. Any person or entity wishing to assist the city council in
determining the name of a City Park shall submit an assistance petition to the director of leisure services
for evaluation and a recommendation by the director. The petition shall be in writing and shall
demonstrate the basis on which the petitioner believes the naming request satisfies the naming guidelines
and other factors set forth in subsections (c) and (d) and demonstrate that requisite minimum community
support has been obtained by the petitioner pursuant to subsection (fl. Upon receipt of duly submitted
assistance petition, the director shall make a recommendation to the city council either for approval or
disapproval of the assistance petition.
(I Minimum Community Support for Assistance Petitions. Each assistance petition submitted
to the director pursuant to subsection (e) shall be accompanied by petition signatures that demonstrate
minimum community support. Minimum community support is demonstrated if an assistance petition is
signed by at least five percent (5 %) of the residents of Cape Canaveral based on the last officially
reported population statistics maintained by the city_
No assistance petition shall be processed by the city manager unless said petition has the minimum
number of signatures required by this subsection.
Sec. 54 -3. Reserved. Open fiFeS FestAeted.
No ignite in igniting
fife in, 44e, h-e-Rehes
per-son shall of paf4ieipate
an open Em or- evew a
Notwithstanding the foregeing, lighting fire fef
the is
a
pufpese of eeeking permitted pr-evided
fire er his de :..,ee
by the eit
appreved y'. ehief
Sec. 54 -5. Commercial beach vendor franchises.
(b) Award of franchise. All franchises granted hereunder shall be awarded by the city council through
the submission and consideration of competitive bids pursuant to all applicable laws and policies.
Franchises shall not exceed a term of-thfee- fear•, five years with an optional one year renewal
provided both parties agree and no more than two franchises shall be in effect at any given time. A
man of the approved franchise area will be provided to the franchisee and a copv kept by the director
of leisure services. In considering any bids submitted for a franchise under this section, the city
council shall consider the following criteria in addition to any criteria included in the bid
specifications:
City of Cape Canaveral
Ordinance No. 07 -2014
Page 4 of 13
Sec. 54 -6. Commercial recreational franchises.
(a) Authority. The city council may enter into franchise agreements granting the he right, privilege and
franchise to use the sand beach areas and riverfront parks within the city's jurisdictional
boundaries to provide individual or group surfing, paddleboarding or kayaking instruction to the
public. Said franchise agreements shall be for the purpose of a particular person or entity
operating a commercial surf, paddleboard, or kayak business in the city in conformity with, and
subject to, all provisions, terms and conditions of section 54 -5, except as explicitly set forth
below in subsection (b). A person's or entity's right to use the city's beaches and riverfront parks
for the franchise purposes stated herein shall not be exclusive and the city reserves the right to
grant the use of its beaches and riverfront parks to any person at any time during the period of any
franchise awarded pursuant to this article.
(b) Notwithstanding that all provisions, terms and conditions of section 54 -5 shall apply to all
franchises agr nted pursuant to this section 54 -6, the following additional provisions shall apply to
all franchises for surf, paddleboard or kayak instruction franchises:
(1) Individual or group surf, paddleboard, or kayak lessons may be held at the city's beaches or
riverfront parks, as authorized by the city manager or city manager's designee.
(2) Franchisee shall provide the city with a detailed description of the scope of its proposed surf,
paddleboard or kayak operation, including but not limited to a description of the services to
be rendered, number and description of equipment or other apparatus used to provide the
service, name of employee, and the proposed price of all services.
(3) Food and beverage liability insurance is not required for franchises authorized pursuant to
this section 54 -6. All other insurance requirements set forth in section 54 -5 shall apply to
franchises authorized pursuant to this section.
(4) Surf instruction is only authorized between the hours of 8:00 a.m. and 5 p.m. daily.
(5) Paddleboard or kayak instruction held at a riverfront park is authorized only during the park's
posted operating g ours.
(6) The franchisee must display prices for all services rendered.
Sec. 54 -7. Hours of operation and general use of City Parks.
(a) All City Parks shall be closed during the evening time ime period from dusk (sunset) to dawn
(sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted
prominently in each City Park.
(b) Programs or events sponsored or approved by the city, or for which the city has issued a
permit, shall be permitted to use the City Park during such uch program or event for the period of
time approved b, the city.
(c) The city council by resolution or the city manager by administrative rule may adopt more
restrictive or extended hours for any particular City Park on a case -by -case basis if legitimate
circumstances warrant hours of operation different than those set forth in subparagraph (a) of this
section.
(d) The city council or the city manager may close any City Park as deemed appropriate in the
event of an emergency or an imminent threat to the public health, safety or welfare.
City of Cape Canaveral
Ordinance No. 07 -2014
Page 5 of 13
(e) Persons using any City Park do so at their own risk.
(f) Adults are responsible for children who they bring to a City Park or who are otherwise under
their care, custody or control.
Sec. 54 -8. — Traffic.
(a) The State Uniform Traffic Control Laws, chapter 316, Florida Statutes, are incorporated by
reference and made part of this article and shall apply to the operation of all motor vehicles, as
defined in chapter 316, on streets and roads in all City Park(s), unless modified herein. Law
enforcement officers and city employees are hereby authorized to direct traffic whenever
necessary within the City Park(s).
(b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon any road,
driveway, path, trail, parking area, or other area within a City Park except when the area has been
marked permitted or approved for such activity or activities either by permanent signage or
markings or when permitted by the city in the course of a public event or activity.
(c) It is unlawful to cause any vehicle for hire to stand upon any part of a City Park for the
purpose of soliciting passengers.
O Pursuant to Section 316.0080)(e), Florida Statutes, which authorizes the city to establish
speed limits on city streets in public parks, it is unlawful to drive a vehicle at a rate of speed
exceeding ten miles per hour in any City Park unless the city has posted a egr ater speed limit.
(e) It is unlawful to enter or exit from any City Park in any vehicle except at entrances and exits
designated for such purpose by the city.
(fl It is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere
in a City Park during hours when the City Park is closed.
Sec. 54 -9. - Pollution and litter.
(a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or
foreign matter into the waters of any ocean, lake, pond, canal, pool, river, creek, inlet, tank or
reservoir in any Park or on the grounds of any Cites
(b) It is unlawful to cause any pollutant, as defined in section 206.9925 or section 376.031,
Florida Statutes, to be placed in or to otherwise pollute the lands or waters of a City Park.
Sec. 54 -10. - Removal of natural resources.
(a) It is unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones,
plants, trees, shrubs, wood, flora, fauna or their materials from the City Park unless issued a
general or specific permit to do so by the city for the purposes of educational activities or good
husbandry.
(b) It is unlawful to cause or make any excavation by tools, equipment, blasting or other means
or agency at a City Park unless issued a general or specific permit to do so by the city for the
purposes of educational activities or good husbandry.
City of Cape Canaveral
Ordinance No. 07 -2014
Page 6 of 13
(c) Subsections (a) and (b) do not apply to city or Brevard County workers or authorized
contractors performing maintenance and upkeep of the City Parks at the direction or consent of
the city.
Sec. 54 -11. - Fireworks; destructive devices; weapons; other potentially dangerous uses.
(a) It is unlawful to carry, fire or discharge any explosive, or weapon as those terms are defined
in section 790.001, Florida Statutes, or any fireworks, as defined in section 791.01, Florida
Statutes, of any description in a City Park. However, the city council hereby expressly recognizes
the state law preemption of firearms and ammunition pursuant to Section 790.33, Florida Statutes,
and therefore, this section shall not apply in any respects to firearms and ammunition.
(b) The city may authorize or issue permits for fireworks displays for city sponsored events and
activities.
(c) It is unlawful to carry, fire or use rockets and radio controlled planes, boats, cars and
helicopters at a City Park unless such uses are specifically authorized or permitted by the city_
Sec. 54 -12. - Hunting /wildlife preservation and conservation.
a) It is unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine lights at or throw missiles at
anv animal, of anv tvpe or species, in anv Citv Park. Exception to the foreQoina is made in that
snakes known to be deadly poisonous may be killed on sight in self - defense.
(b) It is unlawful to use nets to catch fish in any publicly owned body of water or within any City
Park.
(c) It is unlawful to catch fish for commerce within any City Park, unless otherwise permitted.
(d) It is unlawful for a person to remove or have in his or her possession any wild animal, of any
type or species, or the eggs or nest of young reptile or bird which is or was located in a City Park.
(e) It is unlawful to introduce into or leave any wild animal in a City Park.
(f) Unless direct water access is designated by city signage, or a special permit is issued, the
launching of kayaks, boats or any other watercraft is prohibited in City Parks.
(g) The city may issue permits to allow activities and actions that are otherwise contrary to the
provisions of this section if the city determines that the activities and actions will be
accomplished for management, scientific or husbandry purposes and are consistent with the
public interest.
Sec. 54 -13. - Domestic and other animals.
(a) It is unlawful to allow any pet or domestic animal, as defined in section 585.001 or section
823.041, Florida Statutes, under a person's care, custody or control into any City Park unless the
rules promulgated by the city with regard to the particular City Park specifically authorizes such
animals to be present and, in the event of such rules being promulgated, a person may act in
accordance with such rules.
(b) It is unlawful to abandon anv domestic animal. as defined in section 585.01 or section
City of Cape Canaveral
Ordinance No. 07 -2014
Page 7of13
823.04 1, Florida Statutes, into or at a City Park.
(c) It is unlawful to feed any animal at a City Park unless the rules promulgated by the city, or a
permit issued by the city, with regard to the particular City Park or specific activity specifically
authorizes the feeding of animals.
(d) The rights of persons to use service animals (e.g. dog guides) in accordance with the
provisions of section 413.08, Florida Statutes, shall not be violated or abridged by application of
the provisions of this section.
Sec. 54 -14. - Alcoholic beverages /tobacco products; Gambling,
(a) It is unlawful for a person to possess or consume any alcoholic beverage or beverages, as
defined in section 856.015 or section 561.01, Florida Statutes, in any City Park unless authorized
or permitted by the city for a particular event occurring in a City Park.
(b) It is unlawful for a person to consume any tobacco product in any City Park in an area that is
posted or noticed as a "non- smoking/tobacco free" area or if instructed by a city employee that an
area has been designated as a "non- smoking/tobacco free" area due to its particular usage such as
playing fields and areas reserved for children.
(c) It is unlawful to engage in any ag mblin activity ctivity or game of chance, as generally described
by various names pursuant to chapter 849, Florida Statutes, or be in possession of any ag mbling
device, as defined in section 849.231, Florida Statutes, in any City Park unless authorized by law
and approved in advance by the city.
Sec. 54 -15. - Trespass.
(a) It is unlawful for a person to enter or remain in a City Park without a permit when a City
Park is closed.
(b) It is unlawful for a person to enter or remain in a City Park when that person's right to
use the City Park has been suspended by the city pursuant to Section 54 -25 of this article.
(c) It is unlawful for a person to enter or remain in any secure or locked area or building in a
City Park that is not intended to be open to the public.
(d) It is unlawful for a person to enter or remain in a City Park when ordered to leave the
City Park by any law enforcement officer or city or Brevard County employee who has been
authorized to communicate an order to leave a City Park.
(e) It is unlawful for a person to enter or remain in a City Park when that person is prohibited
by law or court order to be in a City Park.
(fl Any person violating the provisions of this section shall be subject to the civil penalties
provided under this article and criminal penalties provided by applicable trespass laws including,
but not limited to, section 810.09, Florida Statutes.
Sec. 54 -16. - Fires.
It is unlawful to ignite, set or maintain any fire in a City Park unless such fire is within an area
City of Cape Canaveral
Ordinance No. 07 -2014
Page 8 of 13
designated by the city for fires by si ng_a eg and postings displayed at the City Park. Included in
this prohibition are activities such as the use of portable cooking equipment of whatever type or
nature. Any fire authorized by this section shall be continuously under the care and direction of a
competent person from the time it is ignited until it is extinguished.
Sec. 54 -17. — Sleeping and camping,
The provisions of section 50 -4 of the city code shall apply to sleeping and camping in all City
Parks.
Sec. 54 -18. - Noise and other conduct.
(a) It is unlawful to play any musical instrument or audio amplification system or engage in any
activity in such a manner as creates a nuisance or disturbance in a City Park.
(b) It is unlawful to use abusive, threatening, offensive, profane, obscene or foul language or
engage in any disorderly conduct or behavior tending to breach the public peace in any City Park.
(c) It is unlawful to use golf clubs within a City Park unless the City Park is designated and
authorized for use as a city public golf course, putting green or driving range. Otherwise, the open
possession of a golf club with intent to use it within a City Park shall be rebuttably_presumed to
be a violation of this section.
(d) It is unlawful to take into, carry through, or put into any City Park, any rubbish, refuse,
garbage or other waste ( "waste "). Such waste shall be deposited in receptacles so provided by the
city. Where receptacles are not provided, all such waste shall be carried away from the City Park
by the person responsible for its presence and properly disposed of elsewhere.
(e) It is unlawful to urinate or defecate, or otherwise dispose of human waste, in a City Park
except in a designated portable or permanent restroom.
Sec. 54 -19. - Peddling /distribution of materials.
It is unlawful to engage in anv commercial activitv for anv consideration within a Citv Park
without being authorized or permitted by the city. The following activities shall not be prohibited
"commercial activity" pursuant to this section:
(a) The sale of merchandise by the city or commercial activity pursuant to a contract between the
city and a vendor that provides goods or services to the patrons of the City Park.
(b) Solicitation and collection of funds or the sale of merchandise or printed material by _groups
and organizations for the benefit of any charitable institution or organization as defined in
501(c)(3) of the Internal Revenue Code of the United States or for the benefit of programs and /or
projects sponsored by the city = provided, however, any solicitation and collection requiring tents,
ents,
tables or any other facility to be installed, erected or parked at the City Park shall require prior
authorization and permit from the city.
(c) The solicitation of membership or the collection of dues from members of a group or
organization that inure to the benefit of that organization, in accordance with a program or league
registered with the city to use the City Park where the solicitation or collection occurs.
City of Cape Canaveral
Ordinance No. 07 -2014
Page 9 of 13
(d) Contact between a salesperson and an individual, group or organization using the City Park
where the salesperson was invited by the individual, group or organization involved for his or her
or its benefit and not to involve persons not associated with the individual group or organization.
Sec. 54 -20. - Iniuring, interfering with, etc., buildings and other property.
It is unlawful to mark, deface, dish rgu e, injure, tamper with, displace or remove any building,
bridge, table, bench, fireplace, railing, paving or paving material, waterline or other public utility
or part or appurtenance thereof, sign, notice, or placard monument, stake, post, or other structure,
equipment or any facilities, property or appurtenances whatsoever, whether temporary or
permanent, located at a City Park.
Sec. 54 -21. - Interference with personnel/park operations.
(a) It is unlawful to interfere with, hinder, or oppose any law enforcement officer or city or
Brevard County personnel in the discharge of his or her duties or with the enforcement of this
article.
(b) It is unlawful to interfere with the operations of a City Park by gathering in groups that are
not engaged in bona fide recreational activities consistent with the facilities of the City Park and
any permit issued by the city.
Sec. 54 -22. — Glass Containers.
The use of glass containers of any kind in any City Park is prohibited unless such use is in an area
where the use of glass containers has been authorized by the city_
Sec. 54 -23. — Airsoft and Paintball Guns; BB Guns.
The use of airsoft (plastic pellets) ug ns, paintball ug ns, paintball markers, and paintball
equipment within City Parks is prohibited unless the city has specifically designated an area for
the use of this equipment. Paintball equipment includes, but is not limited to: paint balls, paint
gun refillable gas tanks, paint gun propellant canisters, and targets. Nothing contained in this
section is intended to regulate or apply to firearms and ammunition which are preempted by state
law.
Sec. 54 -24. - Promulgation of rules; City Fees; Preexisting Rules; Conflicts with Rules;
Enforcement and Penalties.
(a) The city manager is hereby authorized to adopt administrative rules supplemental to, and
consistent with, the provisions of this article that he or she deems necessary and appropriate to
implement the provisions of this article relative to the use of City Parks and the violation of such
rules shall constitute a violation of this article.
(b) The provisions of this Article and the rules adopted by the city shall be maintained on file at
city hall and at the leisure services department office for public inspection and copying_
c) A general condition of each permit to use a Citv Park is that the permittee shall abide by and
adhere to the provisions of this article and the rules promulgated by the city, except as may be
otherwise specifically permitted by the city by means of a permit issued for a specific event or
City of Cape Canaveral
Ordinance No. 07 -2014
Page 10 of 13
activity.
(d) The city manager or authorized designee shall regularly review, or cause to be reviewed the
use of and conditions within each City Park in order to reasonably mitigate against potential
public liability relating to o City Parks.
(e) The city manager or authorized designee shall regularly review, or cause to be reviewed, the
use and condition of each City Park to ensure compliance with the Americans With Disabilities
Act and other laws, rules and regulations where applicable.
(f ) Fees. The city council may establish by resolution or written agreement with a specific user
of a City Park a fee schedule for the use of City Parks.
(g) Preexistinz Rules. All rules reizulating City Parks adopted by the city prior to the enactment
of this Article on June 17, 2014 shall remain in full force and effect unless in conflict with any
provision of this Article.
(h) Conflicts with Rules. The provisions of this Article shall prevail over any preexisting or
subsequently adopted conflicting city rule regulating City Parks.
(i)Enforcement, eg nerally. City law enforcement and code enforcement officers, the director of
leisure services or authorized designee, and the city manager or authorized designee shall be
responsible for enforcing the provisions of this Article, and shall have the authority to order any
person or persons acting in violation of this Article to leave the City Park. It is unlawful for a
person to remain in the City Park when the person is asked to leave the City Park by a city official
pursuant to this section.
(j) Initiation of Code enforcement. City law enforcement and code enforcement shall be
responsible for initiating any code enforcement proceedings regarding a violation of this article.
(k) Penalties. The enforcement and penalty provisions set forth in this article are not intended to
be exclusive enforcement remedies. Nothing contained herein shall be construed to limit law
enforcement and the city from enforcing the provisions of this article by any other lawful means.
54 -25. — Suspension of Use of City Park.
a) The suspension provisions set forth in this section are a management tool independent of
any other enforcement tool referenced under this article for the purpose of managing the City
Parks for the common welfare and safety of all City Park patrons and preservation of all City
Park facilities. The intent and purpose of this section is to ensure compliance with this article and
to protect the public health, safety, and welfare of Ci Park patrons. Suspension of a person's
privilege to use City Parks or facilities therein are intended to occur only when that person has
demonstrated an inability to comply with the provisions set forth in this article or has engaged in
certain illegal or violent behavior in a City Park in violation of the law.
(b) A person's privilege to use a City Park or any facility therein may be suspended by city
law enforcement or the city's director of leisure services when the person has been found guilty
of violating any provision of this article on more than two occasions within a three (3) year
period. For purposes of this section, the term "guilty" shall include a plea of nolo contendere,
voluntary payment of a citation issued in accordance with this article, or an adjudication of guilt
by a court of law or code enforcement board. The first suspension shall be for a period of up to
City of Cape Canaveral
Ordinance No. 07 -2014
Page 11 of 13
ninety (90) days and each additional suspension thereafter, the suspension period shall be for up
to ninety (90) days per applicable offense, not to exceed two (2) consecutive years for any one
suspension.
(c) A person's privilege to use a City Park or an facility acility therein may be suspended by city
law enforcement or the City's director of leisure services when a person is cited for a violation of
54 -15 (b), (d) or (e) for certain trespass cases, or 54 -21 for interfering with personnel.
Suspension for a first offense shall be for thirty days, plus an additional sixty days for every other
similar offense, not to exceed two consecutive years for any one suspension.
(d) A person's privilege to use a City Park or any facility therein may be suspended for up to
two consecutive years by city law enforcement for each incident in which that person has been
charged with committing a violent criminal offense in a City Park including, but not limited to,
breach of peace under section 870.03, Florida Statutes; affrays and riots under section 870.01;
aggravated battery under section 784.045, Florida Statutes, and resisting an officer with violence
under section 843.01, Florida Statutes.
(e) A person's privilege to use a City Park or any facility therein may be suspended for up to
two consecutive years by city law enforcement for each incident in which that person has been
charged with engaging in or allowing in a City Park the possession, use or sale of controlled
substances, as that term is defined in section 893.03, Florida Statutes, in violation of law.
(fl A person's privilege to use a City Park or an fly therein may be suspended for up to
two consecutive years by city law enforcement for each incident in which that person has been
charged with engaging in or allowing prostitution in a City Park.
(g) A person's privilege to use a City Park or any facility therein may be suspended by city
law enforcement or director of leisure services for fees that are past due more than one hundred
and twenty (120) days and which are imposed pursuant to this article or pursuant to a citation
imposed for violating the provisions of this article. However, any suspension imposed under this
subsection shall immediately expire at such time the fees are paid.
(h) Any suspension order issued in accordance with this section shall be in writing and shall
state the name and address of the person who is subject to the suspension, the cause of the
suspension, the duration of the suspension including the effective and expiration date of the
suspension, and the City Parks or any facility subject to the suspension. The order shall also state
that the person shall have the right to appeal the suspension to the city manager by delivering
written notice of appeal to the city manager within three (3) business days of the receipt of the
order. The notice of the appeal shall state the grounds for the appeal. The city manager shall set
the time and place for hearing such uch appeal, and notice of the time and place shall be given at least
five (5) calendar days prior to the date set for the hearing. The hearing shall occur no later than
ten (10) days after the date the appeal notice is received by the city. Failure to timely file an
appeal of a suspension order shall constitute a waiver of the person's right to an appeal and the
order shall be deemed final.
0) The city manager shall adopt rules and procedures for conducting a fair and impartial
hearing to determine compliance with the provisions of this section. All decisions of the city
manager under this section shall be deemed final and shall be subject to appeal to a court of
competent jurisdiction.
(i) When a suspension may be ordered up to a maximum number of days under this section,
City of Cape Canaveral
Ordinance No. 07 -2014
Page 12 of 13
the city shall consider the following factors when determining the length of the suspension: (1)
the gravity of the violation; (2) the potential or actual harm or danger the violation had or caused
on other patrons or facilities of the City Park; and (3) any gating circumstances.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances
and resolutions adopted by the City council, or parts of ordinances and resolutions in conflict herewith are
hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into
the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading
may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
like errors may be corrected and additions, alterations and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City
council of the City of Cape Canaveral, Florida.
ADOPTED by the City council of the City of Cape Canaveral, Florida this 17th day of June, 2014.
ATTEST:
ANGELA APPERSON, City Clerk
ROCKY RANDELS, Mayor
For Against
First Reading: May 20, 2014
Legal Ad published: May 29, 2014
Second Reading: June 17, 2014
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 07 -2014
Page 13 of 13
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 06/17/2014
Item No. 7
Subject: Designate one (1) City Official to be the Voting Delegate at the 88th Annual
Florida League of Cities Conference scheduled for August 14 -16, 2014 — Westin
Diplomat, Hollywood, Florida.
Department: Administration
Summary: The Florida League of Cities (FLC) is the united voice for Florida's
municipal governments. Its goals are to promote local self - government and serve the
needs of Florida's municipal governments. Growing from a small number of cities and
towns, it now represents more than 400 cities, towns and villages. The League is
governed by a Board of Directors comprised of elected municipal officials. The FLC's
88th Annual Conference is scheduled for August 14 -16, 2014 at the Westin Diplomat,
Hollywood, Florida.
League By -Laws require that each member municipality sending delegates to the
Annual Conference of the FLC, designate one (1) of their officials to cast its votes at the
Annual Business Session.
Additionally, the FLC adopts resolutions each year to take positions on commemorative,
constitutional or Federal issues. If City Council wishes to propose a resolution, it must
be received by the League no later than July 9, 2014.
Staff requests Council designate one (1) City Official to be the Voting Delegate at the
Conference and decide if it wishes to propose resolution(s) for the League's
consideration.
Submitting Department Director: Angela Apperson � Date: 5/27/14
Attachments: Letter, Designation of Voting Delegate form and Procedures for
Submitting Resolutions
Financial Impact: Cost of attendance at Conference. Staff time and effort to prepare
this Agenda Item. 1�)
Reviewed by Finance Director: John DeLeo Date: 5-1zV 1 L1
The City Manager recommends that City Council t ke the following action(s):
Designate one (1) City Official to be the Voting D61egate at the 88th Annual Florida
League of Cities Conference scheduled for August 14 -16, 2014 — Westin Diplomat,
Hollywood, Florida and decide if it wishes to propose resolution(s) for the League's
consideration.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
p�OGUE op�'f
o A _
ML&A i
301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302 -1757 • (850) 222 -9684 • Fax (850) 222 -3806 • wvvw.florida lea gueofcities.com
TO:
FROM:
DATE:
SUBJECT
Municipal Key Official
Michael Sittig, Executive Director
May 19, 2014
88th Annual FLC Conference — "Cities take on Technology"
VOTING DELEGATE AND RESOLUTION INFORMATION
August 14 -16, 2014 — Westin Diplomat, Hollywood
As you know, the Florida League of Cities' Annual Conference will be held at the Westin
Diplomat, Hollywood, Florida on August 14 -16. This year we are celebrating "Cities take on
Technology", which will provide valuable educational opportunities to help Florida's municipal
officials serve their citizenry more effectively.
It is important that each municipality designate one official to be the voting delegate. Election of
League leadership and adoption of resolutions are undertaken during the business meeting. One
official from each municipality will make decisions that determine the direction of the League.
In accordance with the League's by -laws, each municipality's vote is determined by population,
and the League will use the Estimates of Population from the University of Florida for 2013.
Registration materials will be sent to each municipality in the month of June. Materials will also
be posted on -line. Call us if you need additional copies. The League adopts resolutions each year
to take positions on commemorative, constitutional or federal issues. We have attached the
procedures your municipality should follow for proposing resolutions to the League membership.
A resolution is not needed to become a voting delegate. If you have questions regarding
resolutions, please call Allison Payne at the League at (850) 701 -3602 or (800) 616 -1513,
extension 3602. Proposed resolutions must be received by the League no later than July 9,
2014.
If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-
3619 or (800) 616 -1513, extension 3619. Voting delegate forms must be received by the
League no later than August 11, 2014.
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolution
President P.C. Wu, Councilmember, Pensacola
Fwst Vice President Lori C. Moseley, Mayor, Miramar • Second Vice President Matthew D. Surrency, Mayor, Hawthorne
Executive Director Michael Sittig • General Counsel Harry Morrison, Jr.
88th Annual Conference
Florida League of Cities, Inc.
August 14 -16, 2014
Hollywood, Florida
It is important that each member municipality sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By -Laws requires that each municipality select one person to serve as
the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate
a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
Municipality of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302 -1757
Fax to Gail Dennard at (850) 222 -3806 or email gdennard@,flcities.com
Procedures for Submitting Resolutions
Florida League of Cities' 88th Annual Conference
Westin Diplomat
Hollywood, Florida
August 14 -16, 2014
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office
by July 9, 2014, to guarantee that they will be included in the packet of proposed
resolutions that will be submitted to the Resolutions Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee. (Whenever possible,
multiple resolutions on a similar issue will be rewritten to encompass the essential
subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the
conference; however, a favorable two - thirds vote of the committee will be necessary
to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two - thirds of the members
present. In addition, a favorable weighted vote of a majority of members present will
be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the Resolutions
Committee at the conference; however, all state legislative issues will be considered
by the standing policy councils and the Legislative Committee, prior to the
membership, at the annual Legislative Conference each fall. At that time, a state
Legislative Action Agenda will be adopted.
(6) Proposed resolutions must address either federal issues, state constitutional issues,
matters directly relating to the conference, matters recognizing statewide or national
events or service by League officers. All other proposed resolutions will be referred
for adoption to either the Florida League of Cities Board of Directors or FLC
President.
Municipalities unable to formally adopt a resolution before the deadline may submit a letter
to the League office indicating their city is considering the adoption of a resolution, outlining
the subject thereof in as much detail as possible, and this letter will be forwarded to the
Resolutions Committee for consideration in anticipation of receipt of the formal resolution.
Important Dates
May 2014
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
June 2014
Appointment of Resolutions Committee Members
July 9th
Deadline for Submitting Resolutions to the League office
August 14th
League Standing Council Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 16th
Immediately Following Breakfast — Pick Up Voting Delegate Credentials
Followed by Annual Business Session
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 6/17/2014
Item No.
Subject: Ratify the Composite City Manager Performance Evaluation and
discuss /determine how to proceed with the provisions of Section 2, Salary and
Evaluation, of the Employment Agreement between the City of Cape Canaveral and
City Manager David L. Greene.
Department: Legislative
Summary: Section 2, Salary and Evaluation, sub - section "B" of the City Manager's
Employment Agreement, attachment 1, allows consideration for an adjustment to the
base salary and /or other benefits based upon performance evaluation which is required
to occur between May and July of each year.
City Council Member individual reviews were combined as written into the Composite
Evaluation, attachment 2. Scores received were combined into a composite,
attachment 3.
City Council Members are requested to ratify the Composite Evaluation and then
discuss and determine how to proceed with the provisions of the Employment
Agreement.
Submittin Department Director: Angela M. Apperson Date: 6/09/2014
Attachments:
1. An excerpt from the Employment Agreement.
2. Composite Performance Evaluation for City Manager David L. Greene.
3. Composite Scores for Performance Evaluation for City Manager David L.
Greene.
Financial Impact: Dependent upon the actions of the City Council.
Reviewed by Finance Director: John DeLeo Date
City Council Action: [ ] Approved as Recom ended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
AN EXCERPT FROM THE:
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement "), is by and
between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter
referred to as "City "), and David Greene (hereinafter referred to by name or as "City Manager ").
Section 2. Salary and Evaluation.
A. For the performance of services pursuant to this Agreement, the City agrees to pay the
City Manager an annual base salary of Ninety -Nine Thousand Five Hundred and No /100 Dollars
($99,500.00), payable in installments at the same time as other City employees are paid with an
evaluation for a potential increase in the base salary within six (6) months of June 1, 2010, as
determined by the City Council at the Council's discretion.
B. In addition to the provisions of subparagraph A above, the City agrees to consider
adjustments of said base salary and /or other benefits of the City Manager in such amounts and
to such an extent as the City Council may determine desirable on the basis of an annual
performance evaluation of the City Manager. Such evaluation shall be in such form as the
Council and the City Manager agree upon and shall be made between May and July of each
year in which this Agreement is effective.
C. During the first year of this Agreement only, the City Manager shall have an additional
evaluation that will take place between November 2010 and January 2011 and shall receive a
potential increase in his base salary as determined by the City Council at the Council's
discretion.
D. All salary shall be paid less appropriate deductions for employment taxes, income tax
and other lawful withholdings. The City Manager shall not be entitled to overtime or
compensatory benefits.
Composite Performance Evaluation for City Manager David L Greene Attachment 2
Employee: David L. Greene Date presented: 6/17/201
Evaluation Period: June 2013 through May 2014 Date of Employment: 6/1/201
Objectives:
• To evaluate the City Manager's performance of widely varied duties and responsibilities.
• To evaluate certain skills and traits that shape a successful City Manager's ability to perform
widely varied duties and responsibilities.
• To assess the quality of municipal services by measuring the management team's level of
performance in specific functional areas.
• To enable the City Council to identify and address specific strengths, areas needing
improvement, and performance objectives for the next evaluation period.
• To provide a management tool for continued improvement of the City administration.
Mvthnf/c
The Mayor and City Council members are to individually assess performance criterion by placing an "x"
on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The
performance standard evaluation scale is defined as follows:
1. Below expectations— Intolerable behavior or poor performance.
2. Marginal — Performance that is below recognized standards. Problems may exist in the quality,
quantity, or timeliness of work performance and more than normal attention to improvement is
required. Serves as a warning that work efforts could easily become unsatisfactory if not
corrected.
3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness
of work are generally good. This is a person doing an average job when performance is
compared to that of peers.
4. Optimal — The unusual performance with a minimum of direction needed and, with rare
exception, good quality, quantity, and timeliness. This is a person doing an excellent job under
ordinary circumstances.
5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers
above and beyond expectations of the job, always presenting excellent quality and quantity in a
timely manner.
This performance assessment may involve comparison to past performance, the performance of other
similar municipalities, or another standard as determined by the evaluator, but should focus on
performance during the specified evaluation period.
City Council members are encouraged to note strong points and /or concerns in the comment section
following the assessment of each performance criterion.
Page 1 of 18
Composite Performance Evaluation for City Manager David L Greene
Results:
Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate
and summarize the results into a final report that will later be presented to the City Council and the City
Manager.
Section I.Area Evaluation
Rate the City Manager on his performance in each of the areas below by placing an "x" above the
number you feel best describes his performance in that area.
1= Below Expectations; 2 = Marginal; 3 =Acceptable;4=Optimal; 5= Exceeds Expectations
1. Communications
Name Council Council ' Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 4 5 4 4.5
Maintains constructive relations with the press and communicates clearly with department heads,
employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral
and written communication skills; provides opportunities for communications from citizens; effectively
utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to
inform the community about Council actions and policies, plans for the future, and the economic
outlook of the city. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: Communications are mostly thru the weekly report, don't want to take up time
in meetings needlessly, but it would be good to get more info from e-mails rather than waiting until the
weekly report comes out. Good to see him beginning to attend residential association meetings.
Mayor Randels: None listed.
Council Member Walsh: The City Manager communicates clearly both orally and in writing with Council
Members, Department Directors, contractors and the general public.
2. Relationship with City Council
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 4 4.75 5 4.65
Page 2 of 18
Composite Performance Evaluation for City Manager David L Greene
Openly communicates with City Council members; promptly and properly responds to requests; keeps
City Council members informed of current issues and remains accessible; provides support in carrying
out Council decisions. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: Again, it would be good to get more info as it becomes available instead of lust
thru the weekly report. Do expect a response to questions in a prompt manner, rather than lust in the
weekly.
Mayor Randels: One of respect for City Manager even though I don't always agree with a specific idea.
Council Member Walsh: The City Manager responses promptly to Council's concerns and utilizes an
open door policy and is available to Council Members as needed. As with any city manager's position,
there is the challenge of managing the different viewpoints of multiple Council Members of which the
City Manager does very well. Mr. Greene is very willing to share his thoughts, likes, dislikes,opinions and
professional views.
3. Budgeting
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Provides capital improvement plans or any other short and/or long range plans that anticipate the needs
of the community; presents a timely annual budget which is well documented,organized, and one which
closely represents the goals of the City Council. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: Budget and creativity in rolling various projects together to get better pricing
and loan rate are very strong attributes.
Mayor Randels: Who would have imagined 2 years ago with an average of 12 million dollars a year; we
are now in 25—29 million dollars a year budget.
Council Member Walsh: As mentioned in the reviews of the past years, a five-year capital improvement
plan has been developed and continues to be modified as applicable. I appreciate Mr. Greene's
continued efforts in continuously looking for alternative revenue streams for the City. Some of the
recent increases in fees are troublesome. Although some fees have been increased this past year in
Page 3 of 18
Composite Performance Evaluation for City Manager David L Greene
order to generate revenue needed for maintenance of the Public Works Services infrastructure, some of
the fees still continue to be inequitable amongst property types, such as the stormwater fee.
4. Financial Management
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Accurately and precisely reports and projects the financial condition, budgets realistically; implements
management practices and policies to maintain or achieve a sound long-term financial condition; uses
debt appropriately; plans for the long-term replacement and maintenance of equipment and
infrastructure. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: I'm proud our City is maintaining the high level of fiscal management that we
always have.The five year plan continues to accomplishing this. Debt may be a little more than I'd like to
see, but at a 1.99%rate, I certainly understand the rationaleP.
Mayor Randels: His knowledge of opportunities to locate needed funds at low interest rate is
unbelievable.
Council Member Walsh: As previously mentioned, the five-year capital plan that has been developed is
being followed. Financial reports now include more timely and relevant information. The City's
continued strong financial strength is a true testament to Mr. Greene's financial management of the
City.
5. Asset Management
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 4.5 5 5 5
Oversees appearance & condition of City-owned facilities, equipment, and vehicles; reviews equipment
and property for the purpose of future development/replacement. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Page 4 of 18
Composite Perfoimance Evaluation for City Manager David L Greene
Mayor Pro Tern Petsos: The five year capital plan again addresses much of this, as we shift away from
planning and into a replacement of City Hall, improvements at WWP, etc. I hope we will be ensuring our
parks, playgrounds and rec. activities continue to maintain their excellent opinions from citizens.
Mayor Randels: He has changed the image of our City with equipment and vehicles.
Council Member Walsh: As with the previous year, Mr. Greene continues to excel in this dimension.
Under his direction, many Maintenance and Repair programs he generated are in practice today to
ensure present and future needs are met.
6. Planning and Organization
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.5 4.9
Works with the City Council in developing the City's long and short term goals, objectives, vision and
strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates
the ability to anticipate the needs of the City and recommends options to appropriately respond to
those needs. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: The past few years have been an ongoing planning activity to get to where we
are in the improvements at WWP, the Fire Station, City Hall, and the Atlantic Ave. projects. Many big
ticket items that are all being organized simultaneously.
Mayor Randels: It is time for a new long term goal setting meeting.
Council Member Walsh: The goals and objectives of the City/Council should be closely aligned with the
Visioning and Economic Development Action Plan that were established by Council in 2009/2010. Mr.
Greene has been diligently pursuing implementation of the City's Visioning statement and continues to
do so.
7. Decision Making
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 5 5 4.5 4.8
Page 5 of 18
Composite Performance Evaluation for City Manager David L Greene
Makes timely decisions that are well thought out and in the best interest of the City; accepts
responsibility for outcomes; handles difficult situations in a professional and pro-active manner.
Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: Decisions are made in the best interest of the Community, he has moved the
City to a new level and while some items might have moved a little faster than Council might be
comfortable with, they were necessary. His passion to do what's right for the Community is without
question.
Mayor Randels: None listed.
Council Member Walsh: The City Manager generally considers facts and issues and potential outcomes
prior to making decisions. Mr. Greene does not hesitate to handle difficult situations and usually
handles them professionally.
8. Council Meetings
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 4.5 5 4.75 4.75
Attends all meetings, informs City Council in advance of future non-attendance, and arranges for
appropriate staff to attend; provides, on a timely basis, necessary documentation and information
related to issues presented during meetings; participates in discussions and makes appropriate
recommendations; provides timely agenda. Comments:
Council Member Bond: City Manager does well in explaining reasoning, process, etc.; but sometimes
gets too defensive. Not often,though.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: His changes to the agenda and backup info for items have made the meetings
run more efficiently, his passion during the meetings can at times become a little stronger than desired.
While it show a true feeling for the Community, some of the public in attendance might not understand
and new residents and potential business partners might go away with the wrong view of the City.
Mayor Randels: The agenda package contains all needed information for council to make an intelligent
decision; expanded consent items are a real advancement.
Council Member Walsh: As with the previous year's review, Mr. Greene continues to do a great iob in
providing information in the agenda packets and getting the Council meetings to be more efficient.
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Composite Performance Evaluation for City Manager David L Greene
Agenda packets are produced in a timely manner, items have been moved to the consent portion and
the meetings are more productive.
9. Professional and Leadership Skills
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 5 4 4.75 4.75 4.5 4.6
Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to
handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with
sensitive matters and in dealing with others; maintains an overall personable and warm attitude.
Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: His leadership skills show in the development of staff, he pushes them to reach
for the next level in their development with only improves not only their personal skills, but the
professionalism of the City. Potential is there to "ratchet down" sometimes, although I like the firm
stance he has taken with various segments of the community.
Mayor Randels: None listed.
Council Member Walsh: Overall,the City Manager is a Professional Leader and has demonstrated this in
his everyday dealings. He tends to be personable and courteous with individuals and generally maintains
a positive attitude. Mr. Greene does a great lob with taking a hard line with individuals when needed
and generally does what he feels is in the best interest of the City.
10. Community Relations
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 4 4 4 4.75 4 4.15
Maintains positive relations with community groups and organizations; attends community functions
and designates appropriate staff to promote City Council through speaking engagements at civic and
other such types of meetings; properly handles complaints from citizens. Comments:
Council Member Bond: Does well at all tasks except for him rarely attending community functions.
Council Member Hoog: None listed.
Page 7 of 18
Composite Performance Evaluation for City Manager David L Greene
Mayor Pro Tern Petsos: Would like to see more attendance at community events, meetings with SCLOC
neighboring communities and the City Managers association. I am glad to see a report that he attended
a Condo Association meeting; hopefully this will become more of the norm. I'm also glad to see the
continued improvement with relations with the Port.
Mayor Randels: After City Manager's explanation of this item on his self-evaluation, I rated him higher
than his review of himself. His association with business leaders is different than an Elected Official.
Council Member Walsh: The City Manager continues to build/rebuild as well as maintain positive
relationships he has rebuilt over the past few years with organizations and agencies. Although Mr.
Greene does view the SCLOC as an elected official forum and not a City Manager's forum, I would like to
see Mr. Greene attend more of their monthly meeting functions.Also as with previous year's comments,
I would like to see the City Manager work more closely with the County Manager and other City
Managers and the Port for possible sharing of equipment and/or resources or generating other cost
saving methods.
Other Comments:
Council Member Bond: None listed.
Council Member Hoog: 1) David in his three years as City Manager has put the City in forward motion ie.
A vibrant active city, beyond where we have ever been before. 2) David gets frustrated at times, for
which he has good reason, but he still gets us there. 3) David is very aggressive, sometimes this can be
good and also sometimes not so good.
Mayor Pro Tem Petsos: None listed.
Mayor Randels: None listed.
Council Member Walsh: None listed.
Section II.Skills&Traits Evaluation
1 = Below Expectations; 2 = Marginal; 3 =Acceptable;4=Optimal; 5= Exceeds Expectations
1. Planning Skills
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.75 4.95
Anticipates future needs, identifies viable options, and implements appropriate measures to achieve
goals;anticipates and analyzes problems and plans effective solutions. Comments:
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Composite Performance Evaluation for City Manager David L Greene
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: As discussed earlier, his planning of several projects (WWP improvements,
Atlantic Ave, City Hall, Fire Station, etc.) while continuing to oversee the rest of the activities in the
Community is excellent.
Mayor Randels: He is very bold in his future vision of our City.
Council Member Walsh: None listed.
2. Leadership Skills
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.75 4.95
Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as
necessary; delegates to appropriate levels in the organization. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: His mentoring of various departments have led to an increase in productivity.
Mayor Randels: The City Manager's evaluation of his leadership skills are accurate.
Council Member Walsh: The City Manager is respected by the Staff and continues to promote a team
environment with no barriers between departments. I applaud Mr. Greene for holding team members
accountable and responsible, and know he will to continue to do so.
3. Negotiating Skills
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively
with developers and other interest groups, other governments, and individuals to reach agreements
that protect the community interest. Comments:
Council Member Bond: None listed.
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Composite Performance Evaluation for City Manager David L Greene
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: He continues to work with numerous property owners using the visioning tools
to move the City forward, this is shown with the activity on both the North and South ends of the City
that have begun or will be in the near future.
Mayor Randels: The City Manager's self assessment is on target; much stronger than I could achieve.
Council Member Walsh: The City Manager continues to successfully negotiate, and renegotiates when
needed,various contracts periodically keeping the community's and City's interest in sight.
4. Creativity
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.5 4.90
Identifies effective,efficient, and when necessary, innovative solutions to problems. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: This shows in the negotiating skills he has that have helped in getting the loans
for our improvements, the movement of a taxi service, the plans for a new hotel and the long awaited
Atlantic Ave. proiect.
Mayor Randels: None listed.
Council Member Walsh: Mr. Greene has proven to be a very creative problem solver.
5. Honesty/Fairness
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 5 5 4.75 4.85
Is consistently open, straightforward,and impartial. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Page 10 of 18
Composite Performance Evaluation for City Manager David L Greene
Mayor Pro Tem Petsos: I believe he is fair and ethical, gives staff the opportunity to correct their
mistakes,and operates in an open and fair manner with the community.
Mayor Randels: He is consistently open, straightforward and impartial.
Council Member Walsh: None listed.
6. Adaptability
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 4.5 5 4.75 4.85
Responds positively in a timely manner to a changing world and local conditions. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: Works well to ensure we as a City are aware of potential issues that could have
a negative impact on the Community.
Mayor Randels: He has always accommodated me interrupting his office work when needed.
Council Member Walsh: None listed.
7. Initiative
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.75 4.95
Uses initiative to develop new programs to meet the needs of the City or resolve identified problems;
implements or modifies procedures and programs as necessary to improve organizational effectiveness
and efficiency. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: He is always looking for areas of concern in the City, as witnessed with the fuel
farm issue and the decision to bring on a lobbyist to help represent our concern to the legislature.
Mayor Randels: None listed.
Page 11 of 18
Composite Performance Evaluation for City Manager David L Greene
Council Member Walsh: The City Manager understands the need for processes and procedures and has
assisted the City and team in this dimension which has added efficiencies. Over the past year, Mr.
Greene has been reviewing existing processes and procedures and provided many efficiencies. The City
still has many opportunities for improvement of which the City Manager will be challenged with over
the years ahead.
8. Resiliency
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 4 4.5 5 4.75 4.65
Maintains energy and motivation in spite of constant demands; handles stress well. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: Still spends many hours at City Hall, but it would be great to see him out in the
community more often.
Mayor Randels: None listed.
Council Member Walsh: Mr. Greene is a highly motivated individual.
9. Humor
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 4.5 5 5 4.75 4.75 4.8
Maintains and shares an appropriate sense of humor to lighten the load. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: Again, as I've said in the past, to be able to deal with all of us and his staff too,
he truly needs a sense of humor, he can always be looked to as a source of light wit.
Mayor Randels: None listed.
Council Member Walsh: Mr. Greene is very driven and extremely competitive, which is a very positive
trait for a city manager, and has a very good sense of humor.
Page 12 of 18
Composite Performance Evaluation for City Manager David L Greene
10. Ethical Standards
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.75 4.95
Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics."
Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tem Petsos: Truly believe he brings the highest ethical standards possible to the City
Managers office.
Mayor Randels: I have not read ICMA Code of Ethics, but I know the organization and accept their
standards.
Council Member Walsh: Mr. Greene sets a good example for the City team of employees
11. Job Knowledge
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tem Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 5 5
Has a solid knowledge of all phases of municipal government. Comments:
Council Member Bond: Nobody better.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: He brings a vast wealth of knowledge into our City from his past experiences as
a City Manager and consultant. He has "been there, done that" and because of that, we are
experiencing the improvements we are seeing in our Community.
Mayor Randels: I have not asked a question that wasn't answered satisfactorily.
Council Member Walsh: The City Manager has in-depth exceptional knowledge of municipal
government. He also possesses knowledge of local government and private business. Mr. Greene is
exceptional in this category.
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Composite Performance Evaluation for City Manager David L Greene
12.Operational Efficiency
Name Council Council Mayor Mayor Council Composite
Member Member Pro Tern Randels Member Score
Bond Hoog Petsos Walsh
Score 5 5 5 5 4.75 4.95
Generally obtains the best possible result for the resources expended. Comments:
Council Member Bond: None listed.
Council Member Hoog: None listed.
Mayor Pro Tern Petsos: He continues to make "tweaks" to the team wherever needed to increase the
efficiency without adding staff.
Mayor Randels: The City organization has and is being restructured continually; job descriptions are
revaluated as needed.
Council Member Walsh: The City Manager continues to restructure the organization, as well as the
City's Boards/Committees. Over the past year, Mr. Greene has improved the operations of the City as a
whole. This is an area that I am certain Mr. Greene will continue to excel in.
Other Comments:
Council Member Bond: David has been very good for the City and its emergence as a very important
player in the County.
Council Member Hoog: David does an excellent job in Planning and Budgeting. He has the knowledge
to get things done at a cost that the tax paying public can appreciate.
Mayor Pro Tern Petsos: None listed.
Mayor Randels: None listed.
Council Member Walsh: As with prior year, doing more with less is essential to the City and to the
organization as a whole which will reduce expenses that positively impact the budget. Mr. Greene
continues to strive to meet these expectations and demands.
Kudos to Mr. Greene for the awesome financing rate of 1.99% and finally moving the City to where
it needs to be with a new city hall and fire station as well as all the infrastructure and capital
improvements that have kicked off this year and have been needed for quite some time. Making
the Assisted Living Facility a reality in the City in 2015 will surely be a feather in his cap if this can
finally be accomplished.
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Composite Performance Evaluation for City Manager David L Greene
Section III. Quality of Municipal Service
Rate the quality of service provided by each of the functional departments and divisions below by
placing an "x" in the block beneath the number which you feel best describes the quality of service.
1 = Below Expectations; 2 = Marginal; 3 =Acceptable;4=Optimal; 5 = Exceeds Expectations
Council Council Mayor Pro Mayor Council Composite
Member Member Tem Randels Member Score
Department/Division Bond Hoog Petsos Walsh
Administrative Services N/S 4.5 N/S 5 N/S 4.75
-City Clerk's Office 5 4.5 N/S 5 N/S 4.83
- Financial Services 5 4.5 N/S 5 N/S 4.83
- Human Resources 5 4.5 N/S 5 N/S 4.83
Community&Economic N/S 4.75 N/S 5 N/S
Development 4.88
- Building/Code 5 4.5 N/S 4 N/S
Enforcement 4.50
- Planning and Zoning 5 4.75 N/S 4 N/S 4.58
Engineering Services N/S 4.5 N/S 5 N/S
(Contracted) 4.75
Fire/Rescue Services N/S 4.75 N/S 5 N/S
(Contracted) 4.88
Leisure Services 5 4.75 N/S 5 N/S 4.92
Library Services N/S 4.5 N/S 5 N/S
(Contracted) 4.75
Police Services N/S 4.75 N/S 5 N/S
(Contracted) 4.88
Public Works Services N/S 4.75 N/S 5 N/S 4.88
- Infrastructure Maint. 5 4.5 N/S 4.75 N/S 4.75
-Stormwater 5 4.75 N/S 5 N/S 4.92
-Wastewater Plant 5 4.75 N/S 4.75 N/S
Operations&Collections 4.83
-Water Reclamation & N/S 4.75 N/S 4.75 N/S
Laboratory 4.75
Solid Waste Recycling N/S 4.5 N/S 5 N/S
(Contracted) 4.75
N/S= Not Scored.
Specific Comments:
Council Member Bond: None listed.
Council Member Hoog: 1) I would like to see the City enact legislation to stop the anonymous e-mails
and fictitious calls to Code Enforcement. This causes Staff a lot of wasted time, and keeps them from
accomplishing their goals. 2) I would like to see better enforcement on the days of recycle, better
Page 15 of 18
Composite Performance Evaluation for City Manager David L Greene
enforcement can be done by COP and the Sheriffs Office. The Contractor is losing funds that could be
returned to the City.
Mayor Pro Tern Petsos: I believe this survey is really more for the public to fill out instead of the Council.
Who better to rate the performance of the various departments than the everyday users our
Citizens!
Mayor Randels: The above "4" are "Optimal-with a minimum of direction needed" evaluation is based
on the two individuals who are no longer employed in our City.
Council Member Walsh: As with the previous year's review- I feel that a survey should be placed on the
website to reach the residents of Cape Canaveral to get the feedback of the community of how they feel
the customer service and quality of service is. Although the City as a whole is doing much better than it
has in the past, Planning and Development especially the Building & Code Enforcement division as well
as the Contract Utility Billing divisions continue to struggle a bit more than the other
departments/divisions .
The City's Leisure Service is exceptional and Audit/Financial Services as well as Public Works Services are
both lust getting better and better.
Contracting services with the BCSO for Police Services is quite valuable and hopefully the City will
continue with this relationship. As with past years,the emphasis on community policing and presence in
our community is invaluable. Besides everything else the BCSO does for this City, responding to a
resident's complaint, whether it be noise or assistance and actively following up on a situation(s), is a
true service to our community.
The Fire/Rescue Service agreement is a true gem to our city. Although there are some code
interpretation issues to be considered, the team of individuals who make up the Fire and Rescue team
are truly a well trained and highly skilled set of individuals that add tremendous value to our
community.
Section IV. Strengths,Weaknesses, Performance Objectives
STRENGTHS: What do you feel are some of the City Manager's strongest points and finest
accomplishments since the previous evaluation?
Council Member Bond: David continues to perform at a very high level. Having a lot of room for
improvement would indicate otherwise. The actual groundbreaking on projects proves he is at the top
of his game.
Council Member Hoog: Aggressiveness in management has moved the City 10 years forward in 1 year.
Page 16 of 18
Composite Performance Evaluation for City Manager David L Greene
Mayor Pro Tern Petsos: None listed.
Mayor Randels:
• Finding funding opportunities for the City's large Vision/Goals and support to Staff for grant
applications.
• Refining the weekly update —this is a one stop read for all of the City's forward movement for
most recent week. It is an outline for updating residents in the checkout line at Publix in answer
to what is new in our City.
• Constant efforts to improve our City's image and infrastructure.
Council Member Walsh:
• Leadership of the Staff—generating a "Team" environment and focusing on accountability and
responsibility.
• Continued organization of Council Meetings.
• Focusing on the transparency and long-term vision and sustainability of the City.
• Improving operational and organizational effectiveness.
WEAKNESSES: What areas of the City Manager's performance do you feel most need improvement? Do
you have any suggestions for improvement in these areas?
Council Member Bond: See notes in evaluation.
Council Member Hoog: Frustration caused by stress from Council and Public.
Mayor Pro Tern Petsos: None listed.
Mayor Randels:
• Perhaps more detail in the update under City Manager's "met with...".
• As more of our long term goals (Fire Station, Wastewater Treatment Plant, City Hall,
infrastructure, streetscapes) are completed, may I suggest we are ready for an all-day event to
form the next five year goals for our City.
Council Member Walsh:
• Involvement and engagement of community and with Committees/Boards and City projects.
o Mr. Greene should welcome Community involvement and encourage resident
involvement with major items and developments that impact their City such as the
design of a new city hall as well as some financial budgeting ideas.This community has a
Page 17 of 18
Composite Performance Evaluation for City Manager David L Greene
population of highly skilled and educated individuals who want to volunteer, help and
be involved. We should tap into those resources as much as we can.
• More involvement with the SCLOC—attend more of the dinner meetings.
NEW OBJECTIVES: List new priorities you would like to see addressed in the next year.
Council Member Bond: None listed.
Council Member Hoog: Accomplish another goal, ie: City Hall, North Atlantic Avenue or Wastewater
Facility.
Mayor Pro Tem Petsos: None listed.
Mayor Randels:
• Continue to update our City Codes.
• Consider some method of controlling dogs running loose on the beach; maybe our own animal
control officer again.
• Evaluate enforcement of bicyclist riding thru stop signs without stopping.
Council Member Walsh:
• Involve and engagement of the community/residents more on some topics, issues and projects
facing the City.
• Reduce administrative/personnel expenses.
• Continue to increase revenue streams/avenues and reduce operational expenses.
Individual signed reviews were conducted by each Council Member and are on file with the City Clerk.
This document contains scores and comments of all Council Members as outlined in the individual
review.
Employee Response:
Employee Signature Date
Page 18 of 18
Composite Scores for Performace Evaluation for City Manager Greene Attachment 3
Evaluation Period June 2013 through May 2014
Presented June 2014
Section 1. Area Evaluation
Council
Member
Bond
Council
Member
Hoog
Mayor Pro
Tern Petsos
Mayor
Randels
Council
Member
Walsh
Composite
Score
1
Communications
4.5
5
4
5
4
4.50
2
Relationship with City
Council
4.5
5
4
4.75
5
4.65
3
Budgeting
5
5
5
5
5
5.00
4
Financial
Imanagement
5
5
5
5
5
5.00
5
Asset Management
5
5
4.5
5
5
4.90
6
Planning and
Organization
5
5
5
5
4.5
4.90
7
Decision Making
4.5
5
5
5
4.5
4.80
8
Council Meetings
4.5
5
4.5
5
4.75
4.75
9
Professional and
Leadership Skills
5
4
4.75
4.75
4.5
4.60
10
Community Relations
4
4
4
4.75
4
4.15
11
4.73
N/S = Not Scored
Section 11. Skills & Traits
Evaluation
Council
Member
Bond
Council
Member
Hoog
Mayor Pro
Tern Petsos
Mayor
Randels
Council
Member
Walsh
Composite
Score
1
Planning Skills
5
5
5
5
4.75
4.95
2
Leadership Skills
5
5
5
5
4.75
4.95
3
Negotiating Skills
5
5
5
5
5
5.00
4
Creativity
5
5
5
5
4.5
4.90
5
Honesty /Fairness
4.5
5
5
5
4.75
4.85
6
Adaptability
5
5
4.5
5
4.75
4.85
7
Initiative
5
5
5
5
4.75
4.95
8
Resiliency
5
4
4.5
5
4.75
4.65
9
Humor
4.5
5
5
4.75
4.75
4.80
10
Ethical Standards
5
5
5
5
4.75
4.95
11
Job Knowledge
5
5
5
5
5
5.00
12
10perational Efficiency
5
5
5
5
4.75
4.95
Cl
Composite Scores for Performace Evaluation for City Manager Greene
Evaluation Period June 2013 through May 2014
Presented June 2014
Section III. Quality of Municipal
Service
Council
Member
Bond
Council
Member
Hoog
Mayor Pro
Tern Petsos
Mayor
Randels
Council
Member
Walsh
Composite
Score
Administrative Services
N/S
4.5
N/S
5
N/S
4.75
City Clerk's Office
5
4.5
N/S
5
N/S
4.83
Financial Services
5
4.5
N/S
5
N/S
4.83
Human Resources
5
4.5
N/S
5
N/S
4.83
Community & Economic
Development
N/S
4.75
N/S
5
N/S
4.88
- Building /Code Enforcement
5
4.5
N/S
4
N/S
4.50
- Planning and Zoning
5
4.75
N/S
4
N/S
4.58
Engineering Services (Contracted)
N/S
4.5
N/S
5
N/S
4.75
Fire /Rescue Services (Contracted)
N/S
4.75
N/S
5
N/S
4.88
Leisure Services
5
4.75
N/S
5
N/S
4.92
Library Services
Contracted
N/S
4.5
N/S
5
N/S
4.75
Police Services (Contracted)
N/S
4.75
N/S
5
N/S
4.88
Public Works Services
N/S
4.75
N/S
5
N/S
4.88
- Infrastructure Maint.
5
4.5
N/S
4.75
N/S
4.75
- Stormwater
5
4.75
N/S
5
N/S
4.92
- Wastewater Plant Operations &
Collections
5
4.75
N/S
4.75
N/S
4.83
- Water Reclamation &
Laboratory
N/S
4.75
N/S
4.75
N/S
4.75
Solid Waste Recycling
(Contracted)
N/S
4.5
N/S
5
N/S
4.75
N/S = Not Scored
4.79
Section 1. Area Evaluation 4.73
Section II. Skills & Traits 4.90
Section Ill. Quality of Municipal
Service 4.79
Grand Total 1 4.81