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CITY OF
CAPE CANAVERAL
CAPE 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 Tem 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 OTHER DEVICES SILENT.
4
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
July 15, 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.
Proclamation designating August 2014 as Florida Water Professionals Month.
CONSENT AGENDA:
6:30 p.m. — 6:35 p.m.
1 . Approve Minutes for Regular City Council Meeting of June 17, 2014.
2. Resolution No. 2014-18; approving bidding/purchasing procedures necessary to
comply with requirements for federally funded transportation projects and in
accordance with the Florida Department of Transportation Local Agency Program
("LAP"); authorizing the City Manager to take any other action deemed necessary
or advisable in connection with the finalization and execution of a standard LAP
Agreement; authorizing the execution and delivery of documents in connection
with said standard LAP Agreement; providing for repeal of prior inconsistent
resolutions; severability and an effective date.
3. Resolution No. 2014-20; supporting Municipal Home Rule Authority; providing for
the repeal of prior inconsistent resolutions; severability; and an effective date.
4. Resolution No. 2014-22; approving the City's List of State Road Al A
Improvement Priorities; providing for repeal of prior inconsistent resolutions;
severability; and an effective date.
City of Cape Canaveral, Florida
City Council Meeting
July 15, 2014
Page 2 of 2
ITEMS FOR ACTION:
6:35 p.m. — 7:00 p.m.
5. Resolution 2014-21 ; adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2014/2015 on all taxable property located within
the City of Cape Canaveral, Brevard County, Florida; providing for an effective
date.
6. Authorize removal of a specimen tree at 401 Holman Road.
REPORTS:
7.00 p.m. —7:15 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
. r >
City Council Agenda Form
City Council Meeting Date: 07/15/2014
Presentations/Interviews
Subject: Proclamation designating August 2014 as Florida Water Professionals Month.
Department: Legislative
Summary:
The Florida Water & Pollution Control Operators Association (FW&PCOA), organized in
1941, is a non-profit trade organization that promotes the sustainability of Florida's
water utility industry through workforce development to protect the health of Florida's
citizens and to preserve the State's water resources. The Association offers water and
wastewater treatment plant operator and water distribution system operator training
courses required for the State of Florida's operator licenses, eight voluntary certification
programs and continuing education programs for operator license renewal.
The FW&PCOA embarked on a program in 2007 to recognize all water industry
employees for their dedication and hard work providing safe drinking water to Florida's
citizens and protecting Florida's environment and natural resources. They did this by
proclaiming a week during the month of August as "Florida Water Professionals Week".
This year, the FW&PCOA has expanded the celebration to include the entire month of
August, renaming the event "Florida Water Professionals Month".
Public Works Services Wastewater Systems Supervisor June Clark will be presented
the Proclamation to recognize the entire Wastewater Systems Operations team for their
professionalism, expertise and dedication to the City. Additionally, Brevard County Chief
Operator Glen Siler is here to accept the Proclamation on behalf of the FW&PCOA.
Submitting Council Member: Mayor Rocky Randels h J Date: 06/25/2014
Attachments: Proclamation and letter of request.
Financial Impact: Staff time to prepare Proclamation agenda item. +�
Reviewed by Finance Director: John DeLeo Date: 6/3°1)
The City Manager recommends that City Council to e the following action:
Read and present the City Proclamation designating August 2014 as Florida Water
Professionals Month.
Approved by City Manager: David L. Greene 0 `1. Date:7 ///y
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
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WHEREAS, the Florida Water & Pollution Control Operators Association,
organized in 1941, is a non-profit trade organization that promotes the
sustainability of Florida's water utility industry through workforce development,to
protect the health of Florida's citizens and to preserve the State's water resources;
and
WHEREAS, this organization offers water and wastewater treatment plant
operator and water distribution system operator training courses required for the
State of Florida's operator licenses, eight voluntary certification programs, and
continuing education programs for operator license renewal; and
WHEREAS, this organization, in recognizing the importance of the Florida
Statutes and Administrative Code that regulate the water industry, acts as liaison
between the Florida Department of Environmental Protection and industry
personnel; and
WHEREAS, the Florida Water & Pollution Control Operators Association
recognizes all those who have played a significant part in operating and
maintaining drinking water, wastewater, and stormwater systems in Florida by
celebrating Florida Water Professionals Month, which applauds their constant
efforts to protect our health and environment.
NOW, THEREFORE, I, Rocky Randels, Mayor, of the City of Cape
Canaveral,Brevard County,Florida, do hereby extend greetings and best wishes to
all observing August 2014, as
Florida Water Professionals Month
g tot
Florida Water & Pollution Control Operators Association
fiaPCoaoa�°
A Non-Profit Association Serving Water and Wastewater Professionals in the State of Florida
June 13,2014
The Honorable Rocky Randels,Mayor
City of Cape Canaveral
PO Box 326
Cape Canaveral FL 32920-0326
RE: Proclamation request for Florida Water Professionals Month
Dear Mayor Randels:
The Florida Water & Pollution Control Operators Association, organized in 1941, is a non-profit
trade organization that promotes the sustainability of Florida's water utility industry through workforce
development, to protect the health of Florida's citizens and to preserve the state's water resources. The
association offers water and wastewater treatment plant operator and water distribution system operator
training courses required for the state of Florida's operator licenses, eight voluntary certification programs,
and continuing education programs for operator license renewal.
The FW&PCOA embarked on a program in 2007 to recognize all water industry employees for their
dedication and hard work providing safe drinking water to Florida's citizens and protecting Florida's
environment and natural resources. We did this by proclaiming a week during the month of August as
"Florida Water Professionals Week"
This year, the FW&PCOA has expanded the celebration to include the whole month of August,
renaming the event, "Florida Water Professionals Month." We would like to invite you and the City of
Cape Canaveral to join us in honoring the efforts of water professionals in your community. You can do
this by executing a proclamation recognizing the event.
I am enclosing a sample proclamation for your reference. Please send your executed
proclamation to my address, stated below, so we can recognize the City of Cape Canaveral's participation
in this year's celebration. If you would like an officer from our association to accept the proclamation at
your commission meeting, please contact regional director Wendell Maxwell at (321) 863-6765. Thank
you in advance for your anticipated participation!
Sincerely,
Wendell Maxwell
2028 Nicklaus Drive
Melbourne,Florida 32935
CITY COUNCIL REGULAR MEETING 7
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 17, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance. Mayor Randels reminded everyone to speak into the microphone.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Bob Hoog
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Administrative Services Director Angela Apperson
Finance Director John DeLeo
Community & Economic Development Director Todd Morley
Planning & Zoning Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Brevard County Sheriff Major Paul Ring
Brevard County Sheriff Lieutenant Linda Moros
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Attorney Donna Goerner explained she is running for 18th Circuit Court Judge, Group
19, which is a seat in Seminole and Brevard County and provided a brief description of
her background. Council Members wished her well in her campaign.
PRESENTATIONS / INTERVIEWS:
2014 Advanced Institute for Elected Municipal Officials (IEMO) Certificate of Completion
to Council Member Betty Walsh: Mayor Randels explained the IEMO classes and
City of Cape Canaveral, Florida
City Council Regular Meeting
June 17, 2014
Page 2 of 6
presented the Certificate of Completion to Council Member Walsh. Mayor Randels
noted Council Member Walsh also serves as the President of the Space Coast League
of Cities and explained the involvement of other Council Members in the Space Coast
League of Cities. Council Member Walsh expressed her appreciation for the Certificate.
She explained how being involved in these programs has allowed her to meet other
elected officials, discuss operations/challenges and share how the City has solved its
challenges.
Certificate of Recognition to Mayor Rocky Randels for his advocacy efforts as a
member of the Florida League of Cities Space Coast Advocacy Team presented by
Kathy Till, Advocacy Programs Coordinator: Kathy Till explained the Advocacy Team
Program, how the Program works with Legislators to protect Municipal Home Rule and
presented Mayor Randels with a Certificate of Recognition for his work on the Space
Coast Advocacy Team. Mayor Randels explained Kathy Till's Program coordination
efforts and Program details.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Mayor Pro Tem Petsos requested removal of Item #3 for discussion.
1 . 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:
4. 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:
A motion was made by Council Member Hoog, seconded by Council Member
Walsh, to approve Items 1, 2, and 4 from the Consent Agenda. 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.
#3 Mayor Randels read the item title into the record. Discussion ensued and
included: whether the money could be better used by installing infrastructure to
I
City of Cape Canaveral, Florida
City Council Regular Meeting
June 17, 2014
Page 3 of 6
transport stormwater to the Wastewater Treatment Plant, process it and return it as
reclaimed water; the pursuit of two separate type of grant funds for the proposed project
from Florida Department of Environmental Protection (FDEP); the use of State
Revolving Fund loan monies; the need to reduce nitrogen and phosphorus discharge for
compliance; the processing of stormwater would require significant treatment to remove
pollutants; spending over a million dollars to treat approximately 30 acres of stormwater
runoff; the lack of stormwater outfalls at the treatment plant, which would create
obstacles/expense to transporting run-off; the Stormwater Master plan update; and the
need to have 60% plans to apply for a "TMDL Grant" from FDEP. A motion was made
by Council Member Hoog, seconded by Council Member Bond, for item number
three and to study the treatment of Stormwater for later discharge as re-use
water. Discussion continued. The motion carried 4-1 with voting as follows:
Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos,
Against; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARINGS:
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: Attorney Garganese read the
Ordinance title into the record and provided a brief explanation of same. A motion was
made by Mayor Pro Tern Petsos, seconded by Council Member Walsh, for
approval of Ordinance No. 06-2014. The Public Hearing was opened. No comments
were received and the Public Hearing was closed. Mayor Randels explained the
purpose of the Ordinance and noted St. Johns River Water Management District uses
the same criteria. 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.
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: Attorney Garganese read the
Ordinance title into the record and provided a brief explanation of same. Mayor
Randels noted the first reading on the Ordinance occurred on May 20, 2014 and the
Notice of Public Hearing was advertised May 29, 2014. A motion was made by
Council Member Hoog, seconded by Council Member Bond, for approval of item
#6. The Public Hearing was opened. No comments were received and the Public
Hearing was closed. Discussion ensued and included: whether Council Members will
be provided the Request for Proposal (RFP) for review prior to publication; the number
of Franchises to be awarded; that areas of Council concern would become a part of the
City of Cape Canaveral, Florida
City Council Regular Meeting
June 17, 2014
Page 4 of 6
agreements with the vendor(s); explanation of the draft RFP Document; that the RFP
would be circulated to the City Council and the City Attorney for review/input prior to
publication of the RFP Package; that the Franchise Agreements would be presented to
Council for approval/award; that there are no active Beach Vending Franchises;
however, there are individuals vending on the beach and not following requirements
such as wearing a uniform/posting prices and a concern that the changes to the
definition of a City Park will prohibit alcohol use on crossovers, the beach and the river.
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. Mayor Pro Tern Petsos noted the Sheriff's Office does a
good job enforcing no alcohol on the Crossovers.
ITEMS FOR ACTION:
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: Mayor Pro Tern Petsos nominated Council Member
Walsh as the Voting Delegate. The nomination was seconded by Mayor Randels. No
other nominations were received. A motion was made by Mayor Pro Tem Petsos,
seconded by Council Member Hoog, to designate Council Member Walsh as the
Voting Delegate. The motion carried 5-0 with voting as follows: Council Member
Bond, For; Council Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor
Randels, For; and Council Member Walsh, For. Council Member Walsh noted she is
also representing the Space Coast League of Cities on the Resolutions Committee at
the Conference.
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: Mayor Randels read the item title into the record,
provided an explanation of the evaluation categories, noted the overall score received is
4.73 out of 5 for area I; 4.9 out of 5 for area II; and 4.81 out of 5 for area Ill and
indicated the City Manager is the person who moves the Council Policy/Goals forward.
A motion was made by Council Member Hoog, seconded by Mayor Pro Tem
Petsos, to ratify Mr. Greene's evaluation as written. 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.
Mayor Randels recapped the City Manager's Salary/bonus history and explained the
salary comparison of cities similar in population within Brevard County. Discussion
ensued and included whether to provide a salary increase or a bonus; the possible
percent of salary increase or increasing to a specific annual salary. A motion was
made by Council Member Hoog, seconded by Mayor Pro Tern Petsos, to give the
City Manager a salary of $125,000.00. Council Member Bond requested the City
Manager attend more events. The motion carried 5-0 with voting as follows:
City of Cape Canaveral, Florida
City Council Regular Meeting
June 17, 2014
Page 5 of 6
Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
REPORTS:
Council Member Bond noted tomorrow at 9 a.m., the Port Authority is considering
extending the helicopter trial period and negotiating a long term lease. He asked if the
City/County or State is considering revisions to the rules regulating taxi cabs,
enforcement of rules/regulations and/or governing age/mileage/condition of the
vehicles, to which City Manager Greene indicated City Staff was working on an
Ordinance update; however, Brevard County is now working on changing its ordinance,
so Staff has halted work on the City's Ordinance, so as to have County wide rules rather
than different rules in each municipality. Council Member Bond explained Bass Pro
Shop of Palm Bay and the East Coast/Space Coast Chamber of Commerce are
sponsoring a fishing tournament on September 6, 2014 at Stick Marsh. He indicated he
is looking for a boat/owner to partner with for the tournament so they could then be
paired with a Veteran.
Council Member Walsh questioned whether all crossovers are consistently posted with
no dogs and requesting individuals to stay off dunes/sea oats, to which an affirmative
response was received from Mayor Pro Tern Petsos.
Mayor Pro Tern Petsos requested street name signs be placed under the existing signs
on the beach. He requested a status update on the Sign Ordinance and Marijuana
Ordinance. City Manager Greene indicated Staff is tracking Cocoa Beach's Marijuana
Ordinance and working to reach a compromise with a local business related to the
display area within windows, which will allow the Sign Ordinance to be presented.
Mayor Pro Tem Petsos advocated for the changes to the Sign Ordinance be on the July
agenda even if a compromise could not be reached. He noted the transition mats along
the Ridgewood Avenue pedestrian path are rising again. Public Works Services
Director Jeff Ratliff indicated the Vendor was contacted. Mayor Pro Tern Petsos
questioned whether the Site Plan for the Hotel that was approved with a step back for
the portion of the building over 45 feet. Planning and Zoning Director Dave Dickey
responded in the affirmative, further explained the Economic Overly requirements and
committed to sending out the approved elevation to Council Members. Mayor Pro Tern
Petsos indicated he also intended to enter the fishing tournament.
Council Member Hooq questioned whether a sewer easement for hotel and other
development in that area was needed; to which City Manager Greene indicated
identified lands have been surveyed, an appraisal of the identified lands is being
pursued; then negotiations would commence to acquire the easements either through
development credits, cash or some other type of agreement. City Manager Greene also
indicated Staff is working for solutions to all challenges in the area.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 17, 2014
Page 6 of 6
Mayor Randels noted:
• Receipt of the Florida League of Cities Guide and an advertisement from the
City Attorney's firm.
• Brevard County Sheriff's Office Lt. Moros requested street name signage on the
beach.
• The receipt of a favorable response for the letter of support the City sent
regarding the work to locate the lost French Fleet.
• A letter received from Hubs Sea World Research regarding funding provided by
the Tourist Development Council/Beach Committee for dolphin rescue.
• A letter received from the Brevard County Commission regarding the City's
participation in the Communities for a Lifetime Program.
• The passage of the Water Resource Reform and Development Act, which is the
appropriation bill from Congress to allow the Corps of Engineers to perform
widening/deepening activities at the Port.
• Attendance at the State of Port Briefing and the changes coming over the next
10 years.
Mayor Pro Tem Petsos indicated Chief Executive Officer of Canaveral Port Authority
John Walsh is willing to attend the next council meeting to provide an update on Port
activities.
City Manager Greene thanked City Council Members for the Salary increase.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:06 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Administrative Services Director
pCE
J� , ,�� City of Cape Canaveral
- At.: City Council Agenda Form
City Council Meeting Date: 07/15/2014
Item No.
Subject: Resolution No. 2014-18; approving bidding/purchasing procedures necessary
to comply with requirements for federally funded transportation projects and in
accordance with the Florida Department of Transportation Local Agency Program
("LAP"); authorizing the City Manager to take any other action deemed necessary or
advisable in connection with the finalization and execution of a standard LAP
Agreement; authorizing the execution and delivery of documents in connection with said
standard LAP Agreement; providing for repeal of prior inconsistent resolutions;
severability and an effective date.
Department: Public Works Services
Summary: In order to obtain funding from the Federal Highway Administration (FWHA)
through the Florida Department of Transportation (FDOT)/Space Coast Transportation
Planning Organization (SCTPO) for the North Atlantic Avenue Streetscape Project, the
City must approve revisions to the current Purchasing Procedures Manual (dated 2002).
The proposed revisions are included in the attached Resolution with Exhibits and must
be approved prior to entering into a standard LAP Agreement.
This Resolution authorizes the City Manager to finalize and execute a standard LAP
Agreement between the City and FDOT. The LAP schedule for the North Atlantic
Avenue Streetscape Project is as follows:
• LAP Certification documentation submitted to FDOT for review and comment —
July 3;
• Adoption of Resolution No. 2014-18 by City Council - July 15 Council Meeting;
and
• Approval and execution by the City Manager of a standard LAP Agreement
between the City and FDOT — August 15.
The City has tentatively been awarded $1 .9 million for the construction activities
associated with the North Atlantic Avenue Streetscape Project.
Submitting Department Director: Jeff Ratliff AAA Date: 07/03/14
Attachment: Resolution No. 2014-18 (with Exhibits)
Financial Impact: FDOT Grant Funding covers the tentatively awarded $1.9 million for
construction activities associated with the North Atlantic Avenue Streetscape Project.
Additionally, Transportation Impact Fee Trust Fund (TIFT) and Special Purchase
Investment Account funds in the amount of $300,000 are dedicated to this Project; and
Staff time to prepare Agenda item.
Reviewed by Finance Director: John DeLeo �'b M Date: 7/3//y
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2014-18.
IApproved by City Manager: David L. Greene 0 Date: 7/7l y
i
City Council Meeting Date: 7/15/2014
Item No. 2
Page 2 of 2
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment
Resolution No. 2014-18
RESOLUTION NO.2014-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
APPROVING BIDDING/PURCHASING PROCEDURES
NECESSARY TO COMPLY WITH REQUIREMENTS FOR
FEDERALLY FUNDED TRANSPORTATION PROJECTS AND IN
ACCORDANCE WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION LOCAL AGENCY PROGRAM ("LAP");
AUTHORIZING THE CITY MANAGER TO TAKE ANY OTHER
ACTION DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE FINALIZATION AND EXECUTION
OF A STANDARD LAP AGREEMENT; AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS IN
CONNECTION WITH SAID STANDARD LAP AGREEMENT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral ("City") establishes the
following procedures when working with federally funded highway transportation projects; and
WHEREAS, the City Council of the City of Cape Canaveral must comply with Federal
funding requirements to qualify for funding through the Florida Department of Transportation
("FDOT") Local Agency Program ("LAP"); and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds this Resolution
to be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated herein by this reference.
Section 2. Bid Opening and Tabulation/Advertising for Bids. All bids received in
accordance with the terms of the advertisement shall be publicly opened and announced either item
by item or by total amount. If any bid received is not read aloud, the name of the bidder and the
reason for not reading the bid aloud shall be publicly announced at the opening. Negotiation with
contractors during the period following the opening of bids and before the award of the contract
shall not be permitted. All federally funded projects shall be advertised a minimum of three weeks.
Section 3. Bid Analysis and Award of Contract. The City will comply with the requirements
of 23 C.F.R. §635.114 on all federally funded transportation projects for bid analysis and award of
contracts as detailed in Exhibit "A." For such purposes, the City will act as "State Transportation
Department" and FDOT as"Division Administrator"as defined in 23 C.F.R. §635.102.
City of Cape Canaveral
Resolution No.2014-18
Page 1 of 3
Section 4. Contract Time. The City will follow the guidelines detailed in Exhibit "B" when
establishing a contract time for all federally funded transportation projects. Contract time
extensions shall be subject to the concurrence of FDOT and shall be considered in determining the
amount of federal participation. Contract time extensions submitted for approval to FDOT shall be
fully justified and adequately documented.
Section 5. Engineer's Estimate. The City will comply with the requirements of 23 C.F.R.
§§201-205 on all federally funded transportation projects for the preparation of engineer's
estimates as detailed in Exhibit "C". The City maintains continuing service contracts with a
number of consultants to develop engineer's estimates; these service contracts do not expire until
mid-2016 and may be extended for an additional five years.
Section 6. Warranty Clauses. The City will comply with the requirements of 23 C.F.R.
§635.413 on all federally funded transportation projects for warranty clauses as detailed in Exhibit
"D". The warranty will begin the day after final acceptance is awarded.
Section 7. Fair, Open and Competitive Selection of Qualified Consultants. In accordance
with 40 U.S.C. §§1101-1104 ("Brooks Act") and other federal regulations, the City will not use
local preference criteria in awarding contracts for federally funded transportation projects.
Section 8. Approval, Authorization and Execution of Standard LAP Agreement. The City
hereby authorizes the City Manager to execute and deliver on behalf of the City a standard LAP
agreement between the City and FDOT with such changes, insertions and additions as he may
approve, their execution thereof being conclusive evidence of such approval.
Section 9. Authorization of Other Documents to Effect Transactions. To the extent that
other documents, including but not limited to, notices, opinions or other items are needed to effect
any transactions referenced in this Resolution, the City Manager is hereby authorized to execute
and deliver such documents, opinions or other items and to take such actions as are necessary for
the full, punctual and complete performance of the agreements, provisions or other items as are
contained herein by reference.
Section 10. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 11. Severability. If any section, subsection, sentence, clause, phrase, word or portion of
this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 12. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Resolution No.2014-18
Page 2 of 3
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this 15th
day of July, 2014.
Rocky Randels,Mayor
ATTEST:
Angela Apperson,MMC
City Clerk
Name For Against
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2014-18
Page 3 of 3
EXHIBIT "A"
BID ANALYSIS AND AWARD OF CONTRACT
eCFR — Code of Federal Regulations Exhibit "A"
Page 1 of 1
t Back to Top
,/§635.114 Award of contract and concurrence in award.
(a) Federal-aid contracts shall be awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting the criteria of responsibility as may have been established by the STD
in accordance with §635.110. Award shall be within the time established by the STD and subject to the
prior concurrence of the Division Administrator.
(b) The STD shall formally request concurrence by the Division Administrator in the award of all
Federal-aid contracts. Concurrence in award by the Division Administrator is a prerequisite to Federal
participation in construction costs and is considered as authority to proceed with construction, unless
specifically stated otherwise. Concurrence in award shall be formally approved and shall only be given
after receipt and review of the tabulation of bids.
(c) Following the opening of bids, the STD shall examine the unit bid prices of the apparent low
bid for reasonable conformance with the engineer's estimated prices. A bid with extreme variations
from the engineer's estimate, or where obvious unbalancing of unit prices has occurred, shall be
thoroughly evaluated.
(d) Where obvious unbalanced bid items exist, the STD's 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.
(e) When a low bid is determined to be both mathematically and materially unbalanced, the
Division Administrator will take appropriate steps to protect the Federal interest This action may be
concurrence in a STD decision not to award the contract. If, however, the STD decides to proceed with
the award and requests FHWA concurrence, the Division Administrator's action may range from
nonconcurrence to concurrence with contingency conditions limiting Federal participation.
(f) If the STD determines that the lowest bid is not responsive or the bidder is not responsible, it
shall so notify and obtain the Division Administrator's concurrence before making an award to the next
lowest bidder.
(g) If the STD rejects or declines to read or consider a low bid on the grounds that it is not
responsive because of noncompliance with a requirement which was not clearly identified in the
bidding documents. it shall submit justification for its action. If such justification is not considered by
the Division Administrator to be sufficient, concurrence will not be given to award to another bidder on
the contract at the same letting.
(h) Any proposal by the STD to reject all bids received for a Federal-aid contract shall be
submitted to the Division Administrator for concurrence. accompanied by adequate justification.
(i) In the event the low bidder selected by the STD for contract award forfeits the bid guarantee,
the STD may dispose of the amounts of such forfeited guarantees in accordance with its normal
practices.
(j) A copy of the executed contract between the STD and the construction contractor should be
furnished to the Division Administrator as soon as practicable after execution.
(k) In the case of a design-build project, the following requirements apply: Design-build contracts
shall be awarded in accordance with the Request for Proposals document See 23 CFR Part 636,
Design-build Contracting, for details.
[56 FR 37004, Aug 2 1991. as amended at 67 FR 75925, Dec. 10 2002]
Back to Top
§635.115 Agreement estimate.
http://www.ec 1 r.gov/cgi-bin/text-idx?rgn=div5&node=2 3:1.0.1.7.2 3 6/4o014
EXHIBIT "B"
CONTRACT TIME
Exhibit "B"
FLORIDA DEPARTMENT OF TRANSPORTATION
GUIDELINE FOR ESTABLISHING
CONSTRUCTION
CONTRACT DURATION
July 2010
Exhibit "B"
DISCLAIMER:
The following documentation as a whole was derived from Federal Highway
Administration's Guide for Construction Contract Time Determination Procedures
(TA 5080.15 dated 10/15/02)
Purpose
To provide guidelines for determining contract time for construction projects.
Authority
Sections 334.044(2)and 337.18, Florida Statutes
Background
A. Contract time is the maximum time allowed in the contract for completion of all
work contained in the contract documents. Contract time often arises as an
issue when there is too much time or too little time given in the contract. If too
much time is allowed then the traveling public is being inconvenienced and the
contractor does not appear to be aggressively pursuing the work. There may be
a number of reasons for a project to appear dormant, such as weather
limitations, concrete curing times, materials arriving late, etc. However, all too
often the causes are traceable to excessive time originally established by the
scheduling engineer to complete the project or poor contractor scheduling of
construction operations. If not enough time is allowed then the contractor will
submit claims for added cost and time to the contract.
B. In many instances, the duration of highway construction projects is more critical
today than it was in the past. Several of the reasons are listed below:
1. There are an increasing number of resurfacing, restoration, and
rehabilitation type projects being constructed under traffic, resulting in an
increase in the exposure of construction workers and motorists.
2. Traffic volumes on most highways are significantly greater and are
continuing to increase, thereby creating a greater impact on the motoring
public in both safety considerations and cost.
3. Proper selection of contract time allows for optimization of construction
engineering costs and other resources.
C. In addressing the need for completing critical construction projects where it is
important to minimize traffic inconvenience and delay, many States have applied
non-traditional contracting methods such as Bonuses and Incentive/Disincentive
specifications for early completion.
2 of 13
Exhibit "B"
Elements in Determining Contract Time
A. The application of written procedures for determining contract time is important so
that production rates and other considerations are applied uniformly throughout the
State. This document can be used in conjunction with the procedures in the
Construction Project Administration Manual (CPAM), Section 1.2 addresses
how to classify projects based upon appropriate factors such as high traffic
volumes, projects with incentive/disincentive clauses, etc. The requirements of this
document with regards to establishing contract time are not required when FOOT
Statewide Production Rates are utilized for determining the contract time.
Experience and judgment should be used in the final determination for which
projects are critical. These procedures also address the importance of geographical
and weather differences throughout the State, which could affect contractor
productivity rates. The fact that some types of work can or cannot be undertaken
during certain times of the year should also be addressed. Where applicable, the
affect of working under traffic also needs to be considered such as lane closure
restrictions, holidays and special events.
B. The reasonableness of the contract time included in contracts is important. If
time is insufficient, bid prices may be higher and there may be an unusual
number of time overruns and contractor claims. Contractors should be provided
the ability to schedule work to maximize equipment and labor, and if contract
time is too short, these efficiencies are more difficult to obtain resulting in higher
prices. If the time allowed is excessive, there may be cost inefficiencies by both
the Department and the contractor. The public may be inconvenienced
unnecessarily and subjected to traveling on a roadway where safety is less than
desirable for an extended period of time. In establishing contract time, the
scheduling engineer should strive for the shortest practical traffic interruptions to
the road user. If the time set is such that all work on a project may be stopped
for an extended period (such as scheduled events) and the contractor can still
complete the project on schedule, it means the contract time allowed was
excessive.
C. For most projects the essential elements in determining contract time include: (1)
establishing production rates for each controlling item; (2) adopting production
rates to a particular project; (3) understanding potential factors such as business
closures, environmental constraints: and (4) computation of contract time with a
progress schedule.
Establishing Production Rates
A. A production rate is the quantity produced or constructed over a specified time
period. Estimating realistic production rates is important when determining
appropriate contract completion time. Production rates may vary considerably
depending on project size, geographic location, and rural or urban setting, even
for the same item of work. Production rate ranges should be established in the
State's written procedures based on project type (grading, structures, etc.), size,
3 of 13
Exhibit "B"
and location for controlling items of work.
B. In establishing production rates to be used for determining contract time, an
accurate database should be established by using normal historical rates of
efficient contractors. One method of establishing production rates is to divide the
total quantity of an item on previously completed projects by the number of
days/hours the contractor used to complete the item. Production rates based
upon eight-hour crew days or per piece of equipment are recommended.
Production rates developed by reviewing total quantities and total time are not
recommended as they may result in misleading rates which tend to be low since
they may include startup, cleanup, interruptions, etc.
C. The most accurate data will be obtained from site visits or review of project
records (i.e., field diaries and other construction documents) where the
contractor's progress is clearly documented based on work effort, including work
crew make up, during a particular time frame. A data file based on three to five
years of historical data (time, weather, production rates, etc.) should be
maintained.
D. The production rates used should be based on the desired level of resource
commitment (labor, equipment, etc.) deemed practical given the physical
limitations of the project. Representatives of the construction industry are also
usually willing to assist in developing rates and time schedules. Rates should be
updated regularly to assure they accurately represent the statistical average rate
of production in the area.
E. Some jurisdictions apply production rate data taken from some of the published
rate guides. This data may be useful as guidance; however, the relationship of
these production rates to actual highway construction projects may be difficult to
correlate.
OTHER FACTORS WHICH INFLUENCE CONTRACT TIME
A. In addition to production rates, the following items should be considered when
determining contract time:
1. Effects of maintenance of traffic requirements on scheduling and the
sequence of operations;
2. Curing time and waiting periods between successive paving courses or
between concrete placement operations, as well as specified embankment
settlement periods;
3. Seasonal limitations for certain items when determining both the number
of days the contractor will be able to work as well as production rates;
4. Conflicting operations of adjacent projects, both public and private;
4 of 13
Exhibit "B"
5. Time for reviewing false-work plans, shop drawings, post-tensioning plans,
mix designs, etc.;
6. Time for fabrication of structural steel and other specialty items;
7. Coordination with utilities;
8. Time to obtain necessary permits;
9. The effect of permitting conditions and/or restrictions;
10. Restrictions for nighttime and weekend operations;
11. Time of the year of the letting as well as duration of the project;
12. Additional time for obtaining specialty items or materials with long-lead
requirements;
13. Other pertinent items as determined by the Scheduling Engineer.
In setting contract time it is recommended that the time is based on production rates per
hour or per day on a working day basis, a conversion factor of 1.4 should be used and
non-work days should not be programmed into the scheduling software. If non-working
days are calculated into the schedule such as holidays, keep in mind when granting day
for day time.
Adapting Production Rates to a Particular Project
A. Before time durations for individual work items can be computed, certain project
specific information should be determined and some management decisions
made. The relative urgency for the completion of a proposed project should be
determined. The traffic volumes affected as well as the effect of detours should
be analyzed. The size and location of the project should be reviewed, in addition
to the effects of staging, working double shifts, nighttime operations, and
restrictions on closing lanes. The availability of material for controlling items of
work should be investigated. For example, it might be appropriate to consider
the need for multiple crews on a specific item to expedite the completion when
there are exceptionally large quantities or when there is a large impact on traffic.
B. Procedures to accelerate project completion should be considered when
construction will affect traffic substantially or when project completion is crucial.
This is especially important in urban areas with high traffic volumes. When
accelerating contract time for time sensitive projects, production rates should be
based on an efficient contractor working more than eight hours per day, more
than five days per week and possibly with additional workers. The development
5 of 13
Exhibit "B"
and application of a separate set of production rates for critical projects is
recommended.
Computation of Contract Time - Develop a Progress Schedule
A. The contract time for most construction projects can be determined by
developing a progress schedule. A progress schedule shows the production
durations associated with the chosen production rates for the items of work. The
time to complete each controlling item of work included in the progress schedule
is computed based on the production rates applicable to that project. Items
should be arranged by chronological sequence of construction operations. Minor
items that may be performed concurrently should be shown as parallel activities.
B. In determining a progress schedule it should be remembered that the start and
end dates for each controlling item need to be based on the earliest date for
which work on that item will begin and how long it will take to complete. The
earliest start date for each activity will be determined by the completion of
preceding activities, and should allow for the fact that some activities can begin
before the preceding activity is entirely completed. Additional time should be
also allowed in the contract for initial mobilization.
Contract Time Determination Techniques
Contract time determination techniques generally fall into the categories of bar charts
and critical path techniques. These techniques are described below:
A. Bar Charts
1. Bar charts or Gantt charts are graphical representations of projects with
specific completion dates and activities. Bars or lines are drawn
proportional to the planned duration of each activity.
2. A brief description of the procedure used to develop a bar chart to
determine contract time is as follows:
a. The first step in developing a bar chart is to break a project down
into separate activities or operations necessary for project
completion.
b. Once all the activities necessary to complete a project have been
listed, the duration and completion date of each activity needs to be
determined based on production rates.
c. With this data established, the bar chart can be prepared. A line or
bar is drawn on the chart showing the time when work will be
performed for each activity. The resulting diagram will represent a
6 of 13
Exhibit "B"
project, showing when each activity will be undertaken and
completed.
d. With bar charts, the progress of a project may be monitored for
each activity by drawing a bar or line below the original scheduled
performance to show the actual duration for each activity as it is
completed.
3. Bar charts are advantageous in that they are simple to develop and easy
to understand, and they offer a good method of determining contract time.
Some disadvantages are that they do not show the interrelationship and
inter-dependency among the various phases of work. Bar charts are
difficult to properly evaluate when construction changes occur. Also,
controlling items are shown in the same manner as minor items, thus
making it more difficult to determine which items actually control the
overall time progress of the project. The use of bar charts are not
recommended for contract administration and project management of
large or complex construction projects.
C. Critical Path Method (CPM)
The Critical Path Method (CPM) focuses on the relationship of the critical
activities, specifically, those which must be completed before other activities are
started. Working from the project's beginning and defining individual project
tasks and the number of days to perform each task, a logical diagrammatic
representation of the project is developed. A CPM depicts which tasks of a
project will change the completion date if they are not completed on time. The
evaluation of critical tasks allows for the determination of the time to complete
projects. Because of the size and complexity of most projects, this method is
most often applied using a computer software program. Within the CPM
software, the ability to use a Program Evaluation Review Technique (PERT)
provides a breakdown of each activity to boxes. This enables the user to view
the connection of relationships to each activity. CPM software also has the
ability to display the contract time in a bar chart view as well.
1. The first step in applying the CPM method is to break a project down into
separate tasks or operations necessary for project completion. Each of
these separate operations or processes is called an activity. The
completion of an activity is called an event.
2. Once all the activities necessary to complete a project have been listed,
the relationship of these activities to one another needs to be determined.
In some instances, several activities can be undertaken concurrently, and
at other times, certain activities cannot be undertaken until others have
been completed. Generally, when determining the sequence of
operations, some questions need to be asked such as: 'What needs to be
7 of 13
Exhibit "B"
done before proceeding with this activity" or "what can be done
concurrently?" Every activity has a definite event to mark its relationship
with others with respect to completing a task.
3. In working with this procedure, a diagrammatic representation of the
project is developed showing the correct sequence and relationship of
activities and events. Each activity is shown as an arrow leading to a
node, which indicates the completion of an event or the passage of time.
The start of all activities leaving a node depends on the completion of all
activities entering a node. Therefore, the event represented by any node
is not achieved until all activities leading to the node have been
completed. The resulting diagram will be a schematic representation of a
project, showing all the relevant activities and events in correct sequence.
4. An actual time can be set to each activity based on production rates and
other appropriate factors. The time to complete each activity is then
shown on each arrow to indicate the duration. The "early start" for each
activity is the earliest point in time that an activity can start, provided that
all activities before it have finished. This is not necessarily the point in
time that it will start; however, it is the earliest time that it can start. The
"early finish" for an activity is merely the duration of the activity after its
early start. As is the case with the "early start," this is not necessarily the
point in time that the work represented by the activity will be over, but is
the earliest point in time that it can occur. A "finish" date in CPM is the
first day after the physical completion of the activity. The completion time
of a project is the sum of the longest time path leading to completion of the
project.
5. The optimum time and cost for performing the project can be evaluated by
assigning resources i.e. equipment, labor hours, and materials to each
activity. The diagrammatic representation of the project then provides a
means to evaluate the costs incurred with respect to the completion of
specified activities.
6. Advantages of using the CPM include:
• It is an accurate technique for determining contract time and
verifying that the project can be constructed as designed and with
identified construction sequences;
• It is a useful tool for project managers in monitoring a project,
especially when dealing with relationships of work items with
respect to time; and
• Activities responsible for delays can be identified and corrective
measures to keep a project on schedule can be determined.
8 of 13
Exhibit "B"
7. Disadvantages of using the CPM include:
• The CPM requires experienced and knowledgeable staff to be used
effectively;
• They require regular updates to assure that the contractor's
operation is accurately represented.
Other Project Considerations
Construction time on certain projects such as lighting or signalization may be governed
by the long lead-time necessary to obtain materials. To minimize traffic disruption, the
contract may specify a completion date several months after the notice to proceed, but
the contractor should be limited to a relatively short on-site time. This may be
accomplished by including in the contract a "conditional notice to proceed" clause which
would allow a specified amount of time to purchase and assemble materials followed by
issuance of a full work order which would be issued upon expiration of the assembly
period or sooner, upon the contractor's request.
Delayed or flexible notice-to-proceed dates may be appropriate for certain projects
where the ultimate completion date is not critical. The contracting agency may wish to
provide a notice-to-proceed window in order to increase the probability of a competitive
bid where only a limited number of contractors are available to perform the work. Such
projects may include:
• Projects that consist of specialized work (seal coats, highway planting,
pavement grooving or bridge painting) where a large number of these
projects are being advertised within a short time period;
- Projects with a very limited number of working days;
• Building projects.
This allows the contractor to schedule this contract with consideration of other work
he/she may have in the same paving season. Net benefits include lower project
inspection cost and a minimal disruption to traffic.
An option that may be applicable to some projects is dividing a project into phases with
each phase having its own completion date. This may be applicable when coordinating
with other projects or activities in the area in order to meet tight deadlines.
9 of 13
Exhibit "B"
BASIS OF PRODUCTION RATES:
The production rates shown are divided into 3 categories: low, average and high. The
low rate is typically used on projects where there are large numbers of intersections,
driveways, high congested traffic and a large number of existing utilities which may
interfere with the proposed construction. The average rate is typically used in projects
where there are minimum existing utilities, low to medium traffic volume/congestion with
minimal intersections and driveways. The high rate is typically used on rural and
limited access facilities.
SCOPE OF WORK DEFINITIONS:
R.O.W. Preparation:
Clearing and grubbing (Acres): The removal of top soil, trees, minor physical objects
and other vegetation from the construction site using mechanical equipment.
Excavation (C.Y.): The removal and transporting of in situ soils on the construction site
using mechanical equipment.
Embankment (C.Y.): The placing and compaction of soil on the construction site using
mechanical equipment.
Drainage Structures/Storm Sewers:
Storm Sewers (L.F.): The excavation, installation, and backfilling of drainage or sewer
pipes including structures.
Box Culverts (C.Y.): The excavation, forming, reinforcing, pouring, finishing, stripping,
and backfilling of cast in place concrete box culverts on the construction site. If using
pre-cast units, then the units should be changed to L.F. and appropriate production
rates substituted.
Inlets & manholes (Each): The installation of pre-manufactured inlets manholes for
drainage or sewer systems. Time is included in Pipe.
Bridge Structures:
(Note: The production rates on several items appear low since they must include time
for the total scope of activities necessary to complete an item.)
Cofferdams (S.Y.): The installation, dewatering and minor excavation associated with
building a cofferdam system for a bridge construction site.
Sheet Piling (S.F.): The installation of sheeting for retaining walls and deep
excavations. Do not add to cofferdams.
10 of 13
Exhibit "B"
Piling (L.F.): The installation of piling for bridge foundations.
Footings (C.Y.): The layout, forming, reinforcing, placing, curing and removing forms for
reinforced concrete bridge footings.
Columns, Caps & Bents (C.Y.): The layout, forming, reinforcing, placing, curing and
removing forms for reinforced concrete bridge columns, caps and bents.
Wingwalls (S.Y.): The layout, forming, reinforcing, placing, curing and removing forms
for reinforced concrete wingwails for bridges.
Bridge deck (total depthl(C.Y.): The layout, forming, reinforcing, placing, curing and
removing forms for reinforced concrete bridge decks. The production rates have been
set to include time for all components of the deck, including precast plank under slab,
thus the full depth of the deck is used to calculate quantity.
Bridge curbs/walks (L.F.): The layout, forming, reinforcing, placing, curing and
removing forms for reinforced concrete bridge curbs and walkways.
Bridge handrails (L.F.): The layout, forming, reinforcing, placing, curing and removing
forms for cast in place reinforced concrete bridge handrails.
Retaining walls (S.F.): The layout, excavation, forming, reinforcing, placing, curing and
removing forms for cast in place reinforced concrete retaining walls. The time for
precast proprietary wall systems in included in embankment.
Base Preparations:
Stabilized Roadbed (S.Y.): The placement, mixing and compaction operations involved
in the stabilization of subgrade soils.
Base material (S.Y.): The placement, mixing and compaction of flexible base material.
Hot mix asphalt base (Ton): The laydown and compaction of hot mix asphalt concrete
base course material. The production rates are taken from the graph for plant mix.
Curb and gutter(L.F.): The layout and construction of new roadway curb and gutter
using automated equipment or forms and hand finish.
Concrete pavement repair(S.Y.): The removal and replacement of sections of
unsatisfactory or failed Portland cement concrete pavement.
Milling/planning (S.Y.): The removal of the surface level of existing pavements using
automated milling or planning equipment.
11 of 13
Exhibit "B"
Plant mixed surfaces (Ton): The laydown and compaction of hot mix asphalt concrete
surface course material. The production rate is taken from the graph for Plant Mix.
Asphalt Friction Course (1 course) (Ton): The laydown and compaction of asphalt
concrete friction course material.
Cement Concrete paving (Rebar+ curing) (S.Y.): The layout, reinforcing, placing,
curing and jointing of Portland cement concrete pavement.
Precast traffic barriers (L.F.): The layout and installation of precast concrete traffic
barriers. If barriers are to be cast in place, then the units should be changed to C.Y.
and the production rates adjusted accordingly.
Permanent Signing and Traffic Signals:
Small Signs (Each): The installation of small highway information and warning signs
mounted on metal posts driven into soil along a highway.
Overhead signs (Each): The installation of large highway information and directional
signs mounted on metal frames over a highway. It is assumed that the footings and
poles that support
The frames are already in place.
Major traffic signals (Each): The installation of automated traffic signals and their
support systems at highway intersections.
Pavement markings (L.F.): The application of paint or thermoplastic pavement marking
materials to a highway pavement.
Raised Pavement Markers (RPM) (Ea.): The application of adhesive and raise
pavement markers.
Seeding (S.Y.): The seeding of grasses, application of fertilizer and mulch, and cutting
into soil.
Final clean-up (Sta.): The removal of debris, dirt and other construction materials from
a highway pavement and adjacent right of way at the end of a construction project. The
time for this activity is included in "General Time".
Structure demolition (WKDAYS): The demolition and removal of the materials for large
structures (multi-story buildings, retaining walls, towers underground tanks, etc.)from
the right of way of new construction projects.
Remove old structures (small) (WKDAYS): The demolition and removal of the materials
for small structures (Single-story wood buildings, storage sheds, fences, road signs,
12 of 13
Exhibit "B"
etc.)from the right of way of new construction projects. Time for this is included in
clearing and Grubbing.
Bridge demolition (WKDAYS): The demolition and removal of all materials for an
existing bridge structure and related appurtenances (approaches, gates, signals, etc.).
Erect temporary bridge (WKDAYS): The layout and construction of a temporary bridge
structure and related appurtenances for a highway construction project.
Remove temporary bridges (WKDAYS): The demolition and removal of all materials for
a temporary bridges structure and related appurtenances for a highway construction
project.
PRODUCTION RATES
The following Excel spreadsheet link is a compilation of statewide rates ranging from
low to high. Although this list is extensive, it may not include a production rate relevant
to a particular project. Other sources may need to be perused to achieve the required
rates for a particular scope of work within that contract.
Production Rates (Statewide)
13 of 13
EXHIBIT "C"
ENGINEER'S ESTIMATE
Guidelines for Preparation of Plans. Specifications. and Estimates - Design - Fi-1WA Exhibit "C"
Page 1 of 1
special use areas that are required by the associated
highway project
5 Estimates
a The Engineer's Estimate should be prepared and reviewed
carefully to reflect as realistically and accurately as possible
the expected costs of the work at the time of receipt of bids
b. Has should establish consistent and compatible procedures
for the preparation, review. and updating of estimates
1 The unit prices used for estimates. and corresponding
actual unit bid prices when available, for the preceding 12
months should be reviewed to determine if changes in
estimated unit prices are needed to reflect any trends that
have occurred.
2 The estimate should reflect prices that are realistic for the
areas. times, and characteristics of the work to be done
(regional adjustment and seasonal adjustment are
especially important)
3 Incentive/disincentive or escalation clauses should be
considered in determining the estimated unit costs since
such clauses may affect the estimate considerably
4 Other factors that can affect the estimated cost of a
project such as labor rates, equipment rates. interest
rates, time to complete, competition levels. and material
shortages should be considered and estimated costs
adjusted as necessary
5 Bid price data bases should be current at the time of
estimate preparation and should be current(within 4
weeks) at the time of advertisement
c Estimates should include a number of description of the item.
estimated quantity, unit, and price (words and numerals) for
each proposed item of work
d For accounting purposes, the Engineer's Estimate should
identify separately.
1 urban and rural quantities,
2 county-by-county breakdown
3 tabulations of items coded on the basis of the
predominant Improvement and Construction Type Code
e Construction Engineering should be shown as a separate line
item
6 Required Contract Provisions
a Federal, State, and local agencies have certain required
contract provisions covering employment. records of
materials and supplies, subletting or assigning the contract.
safety, false statements, termination. nonsegregated
facilities. and environmental requirements among others that
are to be included in contracts for construction projects
b Because requirements may change on short notice, required
contract provisions should not be included in bound books of
general specifications
7 PS&E Assemblies. PS&E assemblies should include
a complete sets of plans (Applicable plans previously approved
as standards should be incorporated by reference and need
not be included as part of each PS&E assembly ),
b proposal assembly including bidding documents, special
provisions and required contract provisions (Previously
http://www.fhwa.dot.govidesign/0630bsup.cfm 6/4/2014
EXHIBIT "D"
WARRANTY CLAUSES
I/S l..!\tRNAMtN7
INFORM AT ION
GPO
Exhibit "D"
Page 1 of 1
§635.4 13 23 CFR Ch. I (4-1-10 Edition)
(c; A State transportation depart- will apply instead of paragraphs (a)
ment may require a specific material through(d)of this section,
or product when there are other ac- (1)General project warranties may be
ceptable materials and products, when used on NHS projects. provided:
such specific choice is approved by the (i) The term of the warranty is short
Division Administrator as being in the (generally one to two years): however,
public interest. When the Division Ad- projects developed under a public-pri-
ministrator's approval is not obtained,
the item will be nonparticipating un- vate agreement may include wat•ran-
less bidding procedures are used that ties that are appropriate for the term
establish the unit price of each accept- of the contract or agreement.able alternative. In this case Federal- (ii) The warranty is not the sole
aid participation will be based on the means of acceptance;
lowest price so established. (iii) The warranty must not include
(d)Reference in specifications and on items of routine maintenance which
plans to single trade name materials are not eligible for Federal participa-
will not be approved on Federal-aid tion: and.
contracts. (iv) The warranty may include the
(e) In the case of a design-build quality of workmanship, materials and
project, the following requirements other specific tasks identified in the
apply: Federal funds shall not partici- contract.
pate,directly or indirectly. in payment (2) Performance warranties for spe-
for any premium or royalty on any pat- cific products on NHS projects may be
ented or proprietary material. speci- used at the STD's discretion. If per-
• fica.tion. or process specifically set formance warranties are used. detailed
forth in the Request for Proposals doc- performance criteria must be provided
ument unless the conditions of para- in the Request for Proposal document.
graph (a)of this section are applicable. (3) The STD may follow its own pro-
[41 FR 36204. Aug. 27. 1976. as amended at 67 cedures regarding the inclusion of war-
FR 75926, Dec. 10. 2002: 71 FR. 66454. Nov. 15, ranty provisions on non-NHS Federal-
2°°(12 aid design-build contracts.
>r- t635.413 Guaranty and warranty (4)For best value selections. the STD
clauses. may allow proposers to submit alter-
The STD may include warranty pro- nate warranty proposals that improve
visions in National Highway System upon the warranty terms in the RFP
(NHS) construction contracts in ac- document. Such alternate warranty
cordance with the following: proposals must be in addition to the
(a)Warranty provisions shall be for a base proposal that responds to the RFP
specific construction product or fea- requirements.
ture. Items of maintenance not eligible 160 FR 44274. Aug. 25. 1995, as amended at 67
for Federal participation shall not be FR 75926. Dec. 10, 2002; 72 FR 45336. Aug. 14,
covered. 2007
(b) All warranty requirements and
subsequent revisions shall be sub- 4635.417 Convict produced materials.
mitted to the Division Administrator (a) Materials produced after July 1.
for advance approval.
(c)No warranty requirement shall be 1991. by convict labor may only be in
approved which, in the judgment of the corporated in a Federal-aid highway
Division Administrator, may place an construction project if such materials
undue obligation on the contractor for have been:
items over which the contractor has no (1) Produced by convicts who are on
control. parole. supervised release. or probation
(d) A STD may follow its own proce- from a prison or
dures regarding the inclusion of war- (2) Produced in a qualified prison fa-
ranty provisions in non-NHS Federal- cility and the cumulative annual pro-
aid contracts. duction amount of such materials for
(e) In the case of a design-build use in Federal-aid highway construe-
project. the following requirements tion does not exceed the amount of
se "°a City of Cape Canaveral
.11!
■�I=
City Council Agenda Form
City Council Meeting Date: 07/15/2014
Item No.
Subject: Resolution No. 2014-20; supporting Municipal Home Rule Authority; providing
for the repeal of prior inconsistent resolutions; severability; and an effective date.
Department: Administrative Services
Summary:
The Space Coast League of Cities received a request to co-sponsor a resolution in
support of Municipal Home Rule Authority by the United States Conference of Mayors
(USCM). Home Rule is the power of a local municipality to set up its own system of
governing and local ordinances without being governed by the state and limited only by
the state constitution and statutes. Local government has the right and responsibility to
govern in the best interest of its citizens without the preemptions of federal and state
government. Unfunded mandates represent the greatest infringement upon home rule
authority and it is imperative that federal and state governments provide an analysis of
funding necessary to comply with federal mandates and provide adequate funding.
On October 5, 2010, the City Council adopted Resolution No. 2010-24 (Attachment 1);
supporting the adoption of the Brevard County Municipal Voter Charter Amendment on
the November 2010 General Ballot and which passed. The Amendment endorsed the
principles of Home Rule thereby supporting the premise that the City of Cape Canaveral
should have authority to govern within its own jurisdiction; providing that such authority
should not be eroded.
In light of the request for support of Municipal Home Rule Authority and the City's past
endorsement/support of the same, Resolution No. 2014 (Attachment 2) is submitted for
City Council adoption.
Submitting Department Director: Angela M. Apperson 44 Date: 07/2/14
Attachments: 1 — Resolution No. 2010-24.
2 — Resolution No. 2014-20.
Financial Impact: Staff time preparing Agenda item.
Reviewed by Finance Director: John DeLeo Date: `)/Z/iy
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2014-20.
Approved by City Manager: David L. Greene 0 1 1, Date:7 f�1/y
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
RESOLUTION 2010-24
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA
SUPPORTING THE ADOPTION OF THE BRE YARD COUNTY
MUNICIPAL VOTER CHARTER AMENDMENT ON THE
NOVEMBER 2010 GENERAL BALLOT; ENDORSING THE
PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES
SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE
CITY OF CAPE CANAVERAL SHOULD HAVE THE AUTHORITY
TO GOVERN WITHIN ITS JURISDICTION; PROVIDING THAT
SUCH AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN
EFFECTIVE DATE
WHEREAS, Section 7.4 requires that a Charter Review Commission be appointed
by the Board of County Commissioners every six years to review the home rule charter and
provide recommendations for amendments of the charter for placement on the next general
election ballot; and
WHEREAS, Section 7.4 requires that the Charter Review Commission hold at least
three public hearings on any proposed charter amendment or revision; and
WHEREAS, the Rules of Procedure adopted by the Charter Review Commission
further requires that charter amendments shall be transmitted to the Board of County
Commissioners for placement on the ballot if at least 10 members of the Charter Review
Commission vote to approve it; and
WHEREAS, the Charter Review Commission was constituted in August 2009; and
WHEREAS, the Charter Review Commission held three public hearings on June 4th,
June 17t and July 1st on the Municipal Voter Amendment; and
WHEREAS, the Municipal Voter Amendment received 12 votes in favor of placing
it on the ballot; and
WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as
the "Municipal Home Rule Powers Act," provides a broad grant of authority to all
municipalities to enable them to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of
municipal government by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and propriety powers
to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for
municipal purposes except as otherwise provided by law; and
1
I
CWHEREAS, the legislature recognizes that, pursuant to the grant of power set forth
in Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has
the power to enact legislation concerning any subject matter upon which the state legislature
may act except for those subjects specifically listed at Section 166.021 (3)(a)-(d); and
WHEREAS,municipalities are voluntary forms of government and would not exist if
communities had not organized and held special elections in order to create the local form of
government; and
WHEREAS, residents in a community decide to incorporate in order to govern
themselves and to gain a greater degree of control over issues that impact their quality of life
1 and property interests directly; and
WHEREAS, municipalities represent the form of government which is closest to the
i people and therefore many people expressly choose to live within municipalities in order that
their ideas may be heard on a more personal basis; and
l
WHEREAS, the issue of"home rule" has been a priority of the Brevard League of
Cities; and
WHEREAS, the City of Cape Canaveral desires to preserve this unique responsive
form of government and believes it to be in the best interests of its citizens to adopt this
1 C Resolution formally stating its position regarding the proposed Municipal Voter Charter
Amendment.
NOW THEREFORE BE IT RESOLVED BY THE CAPE CANAVERAL CITY
COUNCIL THAT:
i
1
1 Section 1. The City of Cape Canaveral believes that when issues are in conflict
between the Brevard County Charter and a municipality or several municipalities, such
conflict should be resolved by the approval by a majority of the electors within the County
and a majority of the electors within the affected municipality or municipalities.
1
3
Section 2. The above stated policy has already been adopted by the City of Cape
1 Canaveral.
i
l Section 3. The City of Cape Canaveral finds that the proposed Municipal Voter
Amendment will allow for conflicts between a municipality or several municipalities and
Brevard County to be resolved by a vote of the electors within the affected municipality or
x municipalities.
1 Section 4. This Resolution shall be forwarded to Brevard County Board of County
C
Commissioners and the Brevard League of Cities, Inc.
Section 5. This Resolution shall take effect immediately upon passage.
i
CPASSED in regular session of the Cape Canaveral City Council this 5th day of October,
2010.
CITY OF CAPE CANAVERAL,FLORIDA
c-
V 1 Ci....,4QQ9.,k_ .
i ATTEST:
Mayor
a.74.4 K atee,440eN
Name For Against
City Clerk Robert Hoog Second
Prepared by: Buzz Petsos X
Rocky Randels Motion
City AttorneyMdid"),,-,...)2---- g
Shannon Roberts
x
Attached: Proposed Municipal Voter Amendment Betty Walsh
' C
gi
C
i
i
Section 1.8.Charter amendments affecting municipalities.
9 No provision of this Charter adopted after December 1,2010,which conflicts with,transfers,or limits any
function,service,power,or authority of a municipality within Brevard County,shall apply to a municipality
affected unless a majority of the voters in the municipality voting in a referendum approve the charter
amendment.
Requires Municipal Voter Approval of County Charter Amendments
a Affecting Municipal Service, Function, Power or Authority
Shall the Brevard County Charter be amended to require that county
charter amendments approved after December 1, 2010, that conflict with,
transfer or limit a municipality's service, function, power, or authority
apply to that municipality only if the amendment is approved or consented
to by a majority of voters in that municipality voting in a referendum?
YES for approval
CNO for rejection
C
Attachment 2
RESOLUTION 2014-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; AND THE UNITED
STATES CONFERENCE OF MAYORS; SUPPORTING MUNICIPAL
HOME RULE AUTHORITY; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, home rule is the power of a local municipality to set up its own system of
governing and local ordinances without being governed by the state and limited only by the state
constitution and statutes; and
WHEREAS, local government has the right and responsibility to govern in the best
interest of its citizens without the preemptions of federal and state government; and
WHEREAS, a state government may not strike down a local government ordinance
unless it explicitly conflicts with state law; and
WHEREAS, unfunded mandates represent the greatest infringement upon home rule
authority; and
WHEREAS, it is imperative that federal and state governments provide an analysis of
funding necessary to comply with federal mandates and provide adequate funding; and
WHEREAS, local governments shall have a meaningful and timely input into the
development of regulatory proposals that contain significant mandates; and
WHEREAS, the scope of the input shall be commensurate with the significance of the
action being taken with the more controversial, costly and disruptive actions requiring more
consultation; and
WHEREAS, this input shall build a better understanding and strengthen the partnership
between federal, state and local governments while giving full consideration to the necessary funding of
specific mandates; and
NOW, THEREFORE, BE IT RESOLVED that the City of Cape Canaveral with the United
States Conference of Mayors supports home rule authority for all cities in the United States and
rejects any and all measures by federal and state governments that seek to limit this authority.
(Adoption page follows)
City of Cape Canaveral
Resolution No.2014-20
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15th day of July, 2014.
it
Rocky Randels,Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson,City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2014-20
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
%Orr- City Council Meeting Date: 07/15/2014
Item No.
Subject: Resolution No. 2014-22; approving the City's List of State Road A1A
Improvement Priorities; providing for repeal of prior inconsistent resolutions;
severability; and an effective date.
Department: Community & Economic Development
Summary:
City Staff has been engaged with Florida Department of Transportation, the consulting
firm of Kimley-Horn & Associates as well as the Space Coast Transportation Planning
Organization regarding the State Road A1A Multimodal Corridor Improvements. We
have compiled and ranked our concerns into the enclosed "Prioritized SR A1A
Improvements" (Attachment 2).
This Resolution (Attachment 1) officially acknowledges the City's strong desire for these
improvements to come to fruition.
Submitting Department Director: Todd Morley TA4/M Date: 07/2/14
Attachments:
1 - Resolution No. 2014-22.
2 - Exhibit "A" - Prioritized SR A1A Improvements.
Financial Impact: Undetermined; Staff time preparing Agenda item.
Reviewed by Finance Director: John DeLeo Sa Mr' Date: 7/2.-1,y
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2014-22.
Approved by City Manager: David L. Greene c94fr ' Date:7/7//
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ATTACHMENT 1
RESOLUTION 2014-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVING THE CITY'S LIST OF STATE ROAD AlA
IMPROVEMENT PRIORITIES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast
Transportation Planning Organization ("TPO") and the A 1 A Action Team, which consists of a
group of organizations, businesses and residents along the State Road A 1 A Corridor, seek to
address multimodal transportation along AlA from the Pineda Causeway (State Road 404) to
State Road 528 in the City of Cape Canaveral; and
WHEREAS, in order to address such multimodal transportation, FDOT engaged the
services of Kimley-Horn & Associates, Inc. ("Kimley-Horn"), to perform the State Road Al A
Multimodal Improvement Corridor Planning and Engineering Analysis ("AlA Analysis");
WHEREAS,the vision for the A 1 A Analysis is to have a corridor that functions as a safe
and efficient multimodal corridor that connects and supports the economic viability of several
communities and is also aesthetically pleasing while providing a sense of community through
innovation, design and connectivity; and
WHEREAS, the A 1 A Analysis is intended to streamline development of feasible
improvement strategies to address locally identified transportation, community planning and
urban design issues such as corridor beautification, way-finding signage, undergrounding of
utilities, traffic calming, pedestrian and bicycle facility enhancements, improved transit service,
intersection improvements and other infrastructure improvements; and
WHEREAS, as part of its engagement of services to FDOT, Kimley-Horn has requested
that the City of Cape Canaveral and other stakeholders of the Al A Analysis provide information
related to each stakeholder's top priorities for the State Road Al A corridor; and
WHEREAS, the City Council desires to promote the safety, efficiency, innovation,
design, connectivity and aesthetics of the State Road Al A corridor and has prioritized the City's
desired improvements related to that portion of the State Road AlA corridor located within the
City; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
City of Cape Canaveral
Resolution 2014-22
Page 1 of 2
Section 2. Approval of AlA Priorities. The City Council of the City of Cape Canaveral
hereby approves a list of the City's priorities for improvements to that portion of State Road
Al A within the City of Cape Canaveral, as attached hereto and incorporated herein by reference
as Exhibit"A."
Section 3. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause,phrase, word or portion of
this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida,this 15th
day of July,2014.
ATTEST:
Rocky Randels,Mayor
Angela Apperson,MMC
City Clerk
Name For Against
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2014-22
Page 2 of 2
ATTACHMENT 2
Exhibit "A"
City of Cape Canaveral
Prioritized SR AlA Improvements
Public Safety Priority Items
1. Realignment of International Drive.
This will require right-of-way (ROW) acquisition funding to realign International Drive with
North Atlantic Avenue. This improvement must address not only the roadway alignments,
but also stormwater drainage (possible wet detention pond)and pedestrian/bike crossings.
2. Urban roadway profile.
a. Installation of wider landscaped medians with managed turning movements; low
landscaping in medians to maintain driver visibility, with higher landscaping along
sidewalks/pedways.
b. Installation of landscaping from North Atlantic Avenue to south of City on the sides of
the roadway with cluster landscape settings.
c. Installation of street furniture and decorative lighting.
d. Construction of curb and gutter along both sides of roadway. This will require limited/as-
necessary right-of-way acquisition funding for stormwater ponds and clipped corners at
intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-
swales will need to be located near existing storm drain inlets so stormwater overflow can
enter system.
3. Lower speed limit(i.e., 35 miles per hour).
4. More crosswalks.
Crosswalks need to be safe and at key locations (i.e.,bus stops, car rentals, commercial areas,
etc.). Columbia Drive is one location with a high population of children who cross SR AIA.
City's mobility study should tie to these criteria. LED lighted crosswalk (for non-signalized
intersections) at two critical SR AIA pedestrian crossing locations as follows:
• Columbia Drive (across SR A1A); and
• SR A 1 A between 7-Eleven and Thrifty Car Rental.
5. Pedestrian/Bicycle Safety Improvements.
a. Construction of wide sidewalks along SR AlA to more safely accommodate pedestrians
and bicyclists; most sidewalks along SR AlA are not ADA compliant. Construction of
wider pedway (8' — 10') along east side of SR AlA from North Atlantic to south of the
City. This concept will need to be coordinated with commercial property owners.
b. Construction of improved crosswalks within existing intersections; provide additional
mid-block crosswalks to provide safer pedestrian/bicycle movement across SR A 1 A at
selected locations. Crosswalks and bus stop locations should be aligned.
c. Installation of a signal or crosswalk at SR A 1 A and Columbia Drive.
d. Coordination of a bikeway (10' - 12') from the Port's Cove, underneath flyover, and
connecting to the City's riverfront parks (Banana River and Manatee Sanctuary).
Construction of improved bike lanes by width, striping, reflectors and signage;
installation of bike racks and rest areas in shaded landscape settings.
6. Construction of stormwater improvements that address ponding and water quality, including
pre-treatment for nitrogen and phosphorus; stormwater gardens might be considered in
historic ponding areas. These improvements will need to be low-maintenance and near
stormwater outfalls.
7. Intersection improvements.
a. Installation of brick pavers or STS Paveway Systems crosswalks; and
b. Construction of a right turn lane on westbound Central Boulevard to accommodate
northbound turn movement onto SR AlA.
City Vision Items
8. Reduction in overhead lines to include undergrounding of utilities and replacement of
existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR
AlA in the City. Any reduction in these wires (without impacting existing services) would
improve the aesthetics of the entire corridor.
9. Synchronized signal timing. Vary timing to allow for industrial traffic times.
10. Provide two or more bus turn off lanes including shelter and bicycle rack. To be coordinated
with bus traffic and high pick-up points.
11. Support City signage at both ends of City coordinated with City branding.
12. Kiosks placed along landscaped walkways directing pedestrians to Parks, Police and City
facilities.
13. Wayfinding signage. Needs to be limited to be effective; also coordinated with landscaping,
City themes, etc.
pC
"° City of Cape Canaveral
�.,L L ' City Council Agenda Form
: - City Council Meeting Date: 07/15/2014
CAM
Item No. 5—
Subject: Resolution 2014-21; adopting a tentative proposed millage rate for the levy of
Ad Valorem Taxes for Fiscal Year 2014/2015 on all taxable property located within the
City of Cape Canaveral, Brevard County, Florida; providing for an effective date.
Department: Financial Services
Summary:
Formerly, the City of Cape Canaveral had a levy of four separate millages: Police,
Fire/Rescue, Beautification and Library. This Ad Valorem Tax structure has changed
going forward for the Fiscal Year 2014/2015 Tax Year. Through consultation and
coordination with the Brevard County Property Appraiser's office (BCPAO) to help
simplify, streamline and consolidate the tax structure, the BCPAO approved for the City
of Cape Canaveral on May 30, 2014 to levy two millages: General Government and
Library. The General Government millage consolidates the previous three categories of
Police, Fire/Rescue and Beautification.
Request action to Adopt a Combined Rate of 3.7246 mills for FY 2014/15, which
represents the rolled back rate. This includes two segments:
General Government millage 1 3.6580 mills
Library Dependent Special District 0.0666 mills
Per "Truth in Millage Compliance", the highest intended millage rate must be proposed
at this meeting and Ad Valorem Tax Rates can be lowered from the initial rate
proposed. However, the tax rate cannot be increased after this meeting.
There will be two more meetings concerning the Ad Valorem Tax rate to be
implemented for the City's Fiscal Year 2014/15. They are tentatively set for:
1 . September 3, 2014: a Tentative Millage rate will be established.
2. September 16, 2014: a Final Millage rate will be established.
Submitting Department Director: John DeLeo -MTh\ Date: 7-2-14
Attachment: Resolution 2014-21
Financial Impact:
The proposed millage rate of 3.7246 provides a property tax revenue stream of
$3,223,713. These revenues are represented in the Proposed FY 2014/15 Budget at a
95% receipt rate and allow for a balanced budget.
Reviewed by Finance Director: John DeLeo �t� Date: 7-2-14
1 ��
li
i
City Council Meeting
Date: 07/15/2014
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Resolution 2014-21.
Approved by City Manager: David L. Greene t - Date:7/7`/4
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO.2014-21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ADOPTING A
TENTATIVE PROPOSED MILLAGE RATE FOR THE
LEVY OF AD VALOREM TAXES FOR FISCAL YEAR
2014/2015 ON ALL TAXABLE PROPERTY LOCATED
WITHIN THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the electors approved in the 1985 referendum election the construction,
maintenance and operation of a library by Ad Valorem Taxes; and
WHEREAS, the electors approved in the 1986 referendum election the imposition of Ad
Valorem Taxes for beautification projects; and
WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the
imposition of Ad Valorem Taxes for Fire/Rescue Services; and
WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the
imposition of Ad Valorem Taxes for Police Services; and
WHEREAS,the City wishes to impose said Ad Valorem Taxes; and
WHEREAS, in an effort to improve efficiency and to streamline the City's ad valorem
tax processes, the City consulted and coordinated with the Brevard County Property Appraiser's
office to simplify and consolidate the City's ad valorem tax structure; and
WHEREAS, as a result of such consultation and coordination, the Brevard County
Property Appraiser's office approved consolidation of the City's three existing millages for
Police,Fire/Rescue, and Beautification into one general government millage category; and
WHEREAS, as a result of such streamlining, the City is able to use two millage
categories (General Government and Library) rather than using the four millage categories
(Library, Beautification, Fire/Rescue and Police Services) as it has done in prior years; and
City of Cape Canaveral,Florida
Resolution No.2014-21
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 3.7246 mills on the
dollar of taxable value for the 2014/2015 Fiscal Year for the City of Cape Canaveral, Florida.
This millage represents the rolled-back rate.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 3.6580 mills for General Government Millage.
This tentative proposed Ad Valorem Tax shall be levied upon the 2014 Tax Assessment Roll for
Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be
used for the City's Fiscal Year beginning October 1, 2014 and ending September 30, 2015.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 0.0666 mills for the Library Dependent Special
•
District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax
shall be levied upon the 2014 Tax Assessment Roll for Ad Valorem Tax on all taxable property
located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning
October 1, 2014 and ending September 30, 2015.
Section 4. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County,
Florida,this 15th day of July, 2014.
(Remainder of Page Intentionally Blank. Signatures Follow)
City of Cape Canaveral,Florida
Resolution No.2014-21
Page 3
Rocky Randels, Mayor
ATTEST:
Name For Against
Angela Apperson, MMC, John Bond
City Clerk
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
+4 ., "aS City of Cape Canaveral
°VA '741'
_ City Council Agenda Form
$ 9 City Council Meeting Date: 7/15/2014
Item No. 6
Subject: Authorize removal of a specimen tree at 401 Holman Road.
Department: Code Enforcement
Summary:
On May 12, 2014, Leland's Tree Service submitted an application for the removal of a
Live Oak Tree located at 401 Holman Road on behalf of Mr. & Mrs. Vincent Marino. The
application states the tree is posing a clear and obvious safety hazard; the tree is
overhanging the clay roof of the structure; and has possible root rot. (Attachment #1)
On May 28, 2014, the City Arborist inspected the tree and submitted a Tree Hazard
Evaluation Form (Attachment #2). This report identifies the tree as having a D.B.H.
(diameter at breast height) of twenty-eight (28) inches and being in good health.
Additionally, the tree is located closer than ten (10) feet to the structure; is
approximately fifty (50) feet in height; has a fifty (50) foot canopy spread; and has a
twenty (20°) degree vertical lean towards the structure. The Arborist's report indicates a
very high hazard rating due to the size of the tree and its proximity to the structure.
Code Enforcement conducted a site inspection to photograph and document the
location, size, and height of the specimen tree. (Attachment # 3)
Code Section 102-41 requires City Council approval for the removal of any specimen
tree. Staff recommends removal of the specimen tree.
Submitting Department Director: Todd Morley 1014* Date: 7/1/14
Attachments:
#1 — City of Cape Canaveral Permit Application for the Removal of Trees
#2 — Tree Hazard Evaluation Form
#3 — Photos
Financial Impact: Staff time preparing Agenda item.
Reviewed by Finance Director: John DeLeo D Date: .--J21)The City Manager recommends that City Counc ake the followinaction:
Authorize removal of a specimen tree at 401 Holman Road.
Approved by City Manager: David L. Greene 9'y4' Date: 74//ti
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ATTACHMENT# 1
ate: �r- ' :LvFi) CITY OF CAPE CANAVERAL Tracn /y_0505SI
t`i•���' 17 ?Mit PERMIT APPLICATION I permit-- _ l
r,r
FOR TISK MOVAL OF TREES
-r'o PcJ 5113/' UN R ESII)13NTLAL PROPERTY OF THREE OR LESS RESIDENTIAL UNITS
Authority:City of Cape Canaveral Code of Ordinances Sec. 102-37(e)
(321) 868-I222
City of Cape callaterul Euildiae Deealtment 105 Polk Ave. Cape C aa'.eral.FL 32920
roil (Ilia download this application: ,'.v .;vflo:ida.cc;L_cabc. You may fax to: (321)S6R-t24 . Important: Please ccmple':the checklist
complet:::lit,. ".1�.' I
I this fonu and provide documentation as indicated, A copy of contract mar be required. Applications wi 1! not be accepted unless complete.
.APPLICAi!1 WILL BE CALLED WHEN PERMIT IS READY.
(Con7a for or Qv.je( required to sign for the permit;tmless indicated otherwise by affidavit. LD.may be required)
>
ddress of Job Site: 0 C2.\YY1 c-� t'"‘ RC) c� l—cit Yl e;L' I^c=%,t --F1 _.._
:gal des.criptiion of property: rt,'N: _f'C: SEC: SUED: BLL_ LOT: Pa' PL3.
•operty Owner Name: Phone: Address:
=u-actor Name:Las. 1 Name of Company: Le,\ c ��c s 1 r�r G S 1t-i'C ie
ddress: 5 O.S"t")?Po. 1 vyl 1 e_ C c,r r=1 3
ate License iVo.: Phone(o cc):(p 31v_c Li/ Phone(cell/pager.):2-&3— -7?-7 Fax: - 5 Ll l a2
ease cheek all that apply(proof may be required). Of the tree(s)to be removed,are all the trees:=dead? C.dis::ssid,•
st 'ering from severe structural defects? -in£a clear and obvious safety hazard? 1'
case clarify the reason tre::(s)must be removed: r1 t t; I`�rl o.41 .vl Cl.c4\., c�t ne e 6 OA; lJ•0'i^S}C��`e, —_V11S S GI' `
a you plan to rr-urate the tree(s)or re-plant new lrec(s)? Please describe: too rot
Ates: d.b.tL is diameter at breast height (4 h feet above grade)
Caliper is the measurement of a tree 12 inches from the soil level.
A Seecimen Tree is one with a 24"or heater caliper measurement
City Council shall have final approval authority for the removal of Specimen Trees.
'''c-pe of Zeidesttial Ouznticy of T3f the trees planned for removal, I Sam total dbh of all incl.-s ! Valuation of
titdir:;buiit or proposed protecte/notice bow many have caliper of all rrnterte ihat vt I tree rem ovaa.1.
on the p,operry i treas. over 3'dbc measurement of 24"or 1a:F,er? trees to be removed Icor'-_
_ ! to >e removed
Single Family P.esidcrcc-__r._ ' I S
t t
T owahom e
Apartment I i
Other(specify) r J �` •
tk:o
I; f errn_t gap '.icatiea Checklist i Notes t� 1f13
Completed Peat application
Cement survey or scale''d plotplan I showing a!t existing:proposed construction is+.tdgZapina
Contractor's State License I I Record will o:kept on lilt after initial submittal
Cu.-rent Worker's COa17.Policy/Exemption Record v ill be kept on filc ale init::J sobrtiiti; - i
City Council Approval(if ntcdcd-phrase=Itch approval minutes) I Far removal orspcci ser or historic trees
;plies/40h is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I ce ni_€i- ti?at no
nrk or instaika.tion has commenced prior to the issuance of a permit and that all work will be performed to meet the.
uidards of ail laws re`ullating tree removal in this jurisdiction. A copy of the permit shat be posted on-site until all tree
naval activities are complete. By si_gni.ng, applicant affirms that all above is the and correct and thai he/she is an
tol zed agent of the Contractor and/or.�,the Owner and has the authority to apply for this mit- t L
•
rv'ic-ori 'S Namn_e: _ r. Kee Lcan�s Signature; _ •: � _ • .late:
-,ry use only: In he Slate of:-ond. Brevard SW0113 a;:d subpc ihed before the this /2 day or /i( .2t /7-(-
�.'tiatcd mania of p.5mat t who produced idenuiftcat on: or
JOY LOIABARDI _ _� is personally known to mc.
• • COMMISSION*EE 094753
XPIRES August 3,2015
. IhrsNotaryPublicUnderwriters
•
Silatarc-Nota-•;Pubic Al lA ge
35da.?e;+t r ort.sLSP Ans•+. E emptier) Tis O.-•n,l:7.y is eurli:avA.
6'd Z1pg-9c9-LZc &41ey1 dti`;170 bl 6l AnW
ATTACHEMNT#2
�0t.`°"r�� A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
�:4BJPti TREE HAZARD EVALUATION
„,, FORM 2nd Edition
Site/Address: !V 1 14 imcih rd. C4 6,,,,„er.,‘.FL HAZARD RATING: —J��/
Map/Location- / + + 7 = R
•
Failure + Size + Target = Hazard
Owner public private unknown /� other , Potential of part Rating Rating
Date: 5-°1�-Lii I/nspecjttr:C! C�/ Ci eof e ct'trcl-� I gr1 (cE v Immediate action needed
O
Date of last inspection: 1'WGJn Needs further inspection
TREE CHARACTERISTICS • / Dead tree
Tree i+: O1 Species:O otrc05 LA fj in 1°t I c "A ve ;J/ 'r
DBH: 005 #of trunks: i Height 6O' Spread: 5O
Form: 14enerally mmetric C minor asymmetry C major asymmetry 0 stump sprout 0 stag-headed
Crown class: dominant ❑co-dominant ❑intermediate ❑suppressed
Live crown ratio: /00 % Age class: 0 young E.sami-mature,„. mature ❑over-m�ature/senescant
Pruning history: crown clean =excessively thinned =to coed I , Ipww//n raised ❑pollarded lQQ't .w
ron reduced 0 flush cuts G cabled/braced
❑none multiple pruning events Approx.dates: CXf� 'aA.,l
Special Value: Itieiecimen ❑heritage/historic ❑wildlife C unusual ❑street tree ❑screen ❑shade ndigenouspLK rotected by gov.agency
TREE HEALTH /
Foliage color. [9' 0 chlorotic 0 necrotic Epicormics? 6)N Growth obstructions:
Foliage density: ormal ❑sparse eaf size: C.normal 0 small 0 stakes ❑wire/ties 0 signs ❑cables
Annual shoot growth: 0 excellent verage poor Twig Dieback? Y V ❑cu pave nt 0 guards
Woundwood development 0 ex ent verage 0 poor ❑none other &4f: 'r r ?
Vigor class: ❑excellent average IT fair 'C
poor, '
Major pests/diseases: �Ol)`L' d O r In'/tow -•
SITE CONDITION
Site Character. IVesidence ❑commercial C inoustral C park 0 open ace 0 natural ❑woodlandVorest
Landscape type: ❑parkway ❑raised bed 0 container LI mound wn ❑shrub border C wind break
Irrigation: 0 none d uate C inadequate C excessive ❑trunk wettled
Recent site disturbance? Y N ❑construction ❑soil oisti_rbance 0 grade change 0 line clearing =site clearing
%dripline paved: 0°' 10-25% 25-5094 50-75% 75-100% Pavement lifted? Y N
dripline wd till soil: 09a 10-25% 25-50% 50-75% 75-100%
%dripline grade lowered: 09° 10-250/0 25-50% 50-75% 100%
Soil problems: 0 drainage 0 shallow ❑compactedroughty C saline 911kaline ❑acidic 0 small volume ❑disease center ❑history of fail
- " ❑clay ❑expansive =slope ° aspect:
Obstructions: ❑
lights signage ❑line-of-sight 0 view ❑overhead lines ❑underground utilities ❑traffic ❑adjacent veg. ut
•3e
Exposure to wind: in le tree ❑b tow canopy ❑above canopy ❑recently expo El windward,canopyedge ❑area prone to windthrow
.
Prevailing wind direction: ECt 6t Occurrence of snowfice storms ever 0 seldom C regularly
TARGET �� / �a p
Use tinder Tree: udding parking _traffic edestrian ecreation ndsca e ❑hardscape ❑small features 0 utility lines
Can target be moved? Y ( Can use be restricted? Y O
i Occupancy: C occasional use 0 intermittent use ❑frequent use onstant use
f
iThe International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
d
Page 2 of 2
TREE DEFECTS I
ROOT DEFECTS: ,
Suspect root rot: Y 0 Mushroom/conk/bra. present: YNO ID:
Exposed roots: O severe 0 moderate If.low Undermined: 0 severe 0 moderate ow
Root pruned: b _ distance from trunk Root ar affected: b % Buttress wounded: Y 0 When:
Restricted root area: 0 severe 0 moder to ow Potential for root failure: 0 severe 0 moderate ow
LEAN: Rb deg.from vertical atural 0 unnatural 0 self-corrected Soil heaving: Y6)
Decay in plane of lean: Y 6Roots broken Y 6) Soil cracking: Y 0
Compounding factors: Lean severity: 0 severe moderate 0 low
CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe,m=moderate,I=low)
DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES
Poor .p L— _ L. L
:. . _ L_ _ / t-
o„ L L_
Multiple attachments ( A/CI L L_ L
Included bark I L L. L.-
Excessive end weight /,4 L 1-..
Cracks/splits L. L 4— L
Hangers I A// G-- l
Girdling L �. L
WoundsiseamL
Decay L L_ L L
Cavity �- % Il
Conks/mushrooms/bracket 1.-- Z..., �
t.
Bleeding/sap flow L L L
Loose/cracked bark ( L LL l-
Nesting hole/bee hiveI L
Deadwood/stubs _ L L
Borers/termites/ants L L
Cankers/galls/burls L- _ '_ L
Previous failure L 1- L- 4--
HAZARD RATING 'r(
Tree part most likely to fail: L EL Y Tree , Failure potential: 1 -low:2-medium;3-high;4-severe
Inspection period: annual biannual other -atTr'1 a -Size of part: 1 =c6"115 cm):2-6-18"(15-45 cm): --—
Potential+Size of Part+Tare Rating=Nazar Rating 3 18 3D"(45 75 cm);4 >3Q"(75 cm)
:,;iiure
1 + 3 + Target rating: 1 -occasional use:2 intermittent use;
I f e�( 5 �� ` 3-frequent use;4-constant use
HAZARD ABATEMENT L.L \'`r5 h hci zCC( eckti Ilq) i 5 e -1--k-c- srz �
t i- /""c"++
ti ,3 �1� � c;r 1r"
Prune: O remove defective part D reduce end weight O crown clean ❑thin 0 raise canopy 0 crown reduce 0 restructure 0 shape
Cable/Brace: Inspect further. 0 root crown 0 decay 0 aerial 0 monitor
Remove tree: Y N Replace? Y N Move target: Y ® Other.
Effect on adjacent trees: none 0 evaluat
— Notification: 0 owner 0 manager overning agency Date: S- a 8- i q
COMMENTS
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