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05-04-99 Regular DELRAY BEACH Ail-America Cl~/ 1993 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuais wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting April 6, 1999 Regular Meeting April 20, 1999 6. Proclamations: A. Kids Day America - May 15, 1999 B. National Safe Boating Week - May 22-28, 1999 7. Presentations: A. In Appreciation of the City Commission's Support of the Delray Affair - Lynn Bafaloukos, Chamber of Commerce 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of April 15, 1999. B. EXPANSION OF ICMA MANAGEMENT MATCH PROGRAM: Approve the 'expansion of the City's 3% management match program to include certain additional positions. Funding will be from various departmental budgets and was approved via Resolution No. 27-99 (mid-year budget adjustment) on April 20, 1999. C. SERVICE AUTHORIZATION ~4/DIGBY BRIDGES MARSH & ASSOCIATES (COMMUNITY CENTER ADDITION): Approve Service Authorization #4 in the amount of $13,374.43 to Digby Bridges Marsh & .Associates for design and construction documents for the Community Center addition to include expansion of administrative offices and additional storage. Funding will Regular Commission Meeting May 4, 1999 9. Regular Agenda: A. SPECIAL EVENT REQUEST/DOWNTOWN CRAFT FESTIVAL: Consider a request from Howard Alan Events for special event approval to hold a Downtown Craft Festival on May 29-30, 1999, including a 'temporary use permit to close a portion of Atlantic Avenue (east of the Intracoastal, roughly from Venetian Drive to Salina Avenue), sign waiver, and staff support for security and street barricading. B. AGREEMENTS FOR GENERAL CONSULTING ENGINEERING SERVICES: Approve the Selection Committee's list of firms to be used for consulting engineering services in the various disciplines and .authorize the Mayor to sign the agreements, subject to review and approval by the City Attorney. C. SERVICE AUTHORIZATION #I/CH2M HILL (CLARIFIER/SOFTENER CAPACITY TESTING AT WATER TREATMENT PLANT): Consider approval of Service Authorization #1 in the amount of $6,808.00 with CH2M Hill for evaluation of the Water Treatment Plant clarifier/softener capacity in conjunction with the upgrade of the plant, with funding from 441-5122-536-31.30 (Water 'Treatment & Storage - Engineering/Architectural). D. SERVICE AUTHORIZATION #I/MATHEWS CONSULTING, INC. (S.W. 8TH AVENUE IMPROVEMENTS): Approve Service Authorization #1 in the amount of $51,189.00 with Mathews Consulting, Inc. for the design of utility improvements and street resurfacing and reconstruction along S.W. 8th Avenue from S.W. 4th Street north to Atlantic Avenue and along S.W. 4th Street from S.W. 8th Avenue to S.W. 12th Avenue, with funding from '448-5461-538-63.95 (Stormwater - S.W. 8th Avenue). E. SETTLEMENT PROPOSAL/WAYNE BROWN V. CITY: Consider settlement of the referenced matter as recommended by the City Attorney. F. PALM BEACH COUNTY LEAGUE OF CITIES COMMITTEE APPOINTMENTS: Consider a request from the Palm Beach County League of Cities for letters of interest to be considered for appointment as · the League's representative or alternate to various boards and committees. 10. Public Hearings: None 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. Prom the Public. 12. First Readings: -4- Regular Commission Meeting May 4, 1999 A. ORDINANCE NO. 16-99 (CITY-INITIATED CORRECTIVE REZONING FOR A PORTION OF KEELER'S DRAPERIES PROPERTY): An ordinance rezoning a parcel of land from RM (Multiple Family Residential - Medium Density) to GC (General Commercial} District. The subject property is located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive and is commonly known as the south half of the Keeler's Draperies property at 3415 South Federal Highway. If passed, a quasi-judicial public hearing will be scheduled for May 18, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -5- WHEREAS, our community seeks to support parents in carrying out their responsibility for the Health and well-being of their children; and WHEREAS, the Safety of our children is a significant concern of parents, community leaders and health care givers; and WHEREAS, our children's awareness of Environmental Issues is of universal concern and deserves the utmost attention; and WHEREAS, if started in childhood, proper Health, Safety and Environmental habits can be maintained for a life time, producing a valued member of society, and enhancing our community. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 15, 1999, as KIDS DAY AMERICA in Delray Beach, Florida, and urge all citizens to learn about health awareness, fire safety, bike safety, recycling, drug awareness, and many more important topics to keep our children safe and make Delray Beach a healthier and happier place to live. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of May, 1999. MAYOR JAY ALPERIN SEAL WHEREAS, the United States Coast Guard Auxiliary was formed by an Act of Congress on June 23, 1939, for the express purpose of supporting the United States Coast Guard and recreational safety; and WHEREAS, the Auxiliary v61unteers were known at the time as the Coast Guard Reserve and, without reimbursement, spent many hours during World War II patrolling and protecting the shores and coastline of America; and WHEREAS, the United States Coast Guard Auxiliary now numbers in excess of 34,000 volunteer members; and WHEREAS, in 1998, the United States Coast Guard Auxiliary donated many hours of service to their country on land, on water and in the air, with a financial value of service to our nation of some 37.5 million dollars, assisting almost 13,000 boaters in distress on our nations waters, saving 445 lives, and educating over 215,000 recreational boaters; and WHEREAS, the United States Coast Guard Auxiliary serves side by side with the United States Coast Guard in stations and aboard Coast Guard vessels, active in all missions except law enforcement and national defense; and WHEREAS, during sixty years of continuous service to their country the United States Coast Guard Auxiliary has upheld the finest American tradition of voluntary public service. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 22nd thru May 28, 1999 as NATIONAL SAFE BOATING WEEK in Delray Beach, recognizing the United States Coast Guard Auxiliary for their continual dedication and encourage all boaters to wear their life jackets, boat responsibly and enroll in a safe boating class. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of May, 1999. MAYOR JAY ALPERIN SEAL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/4'/1 - .~ SUBJECT: AGENDA ITEM # ~7./t~. REGULAR MEETING OF MAY 4, 1999 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: APRIL 29, 1999 This is before the Commission to ratify various actions approved by the South Central Regional Wastewater Treatment and Disposal Board on April 15, 1999. By a vote of 8 to 0, the SCRWTD Board approved the following: Authorization to expend $3,677.20 from the Sinking Fund, on an emergency basis, to replace filters in lime storage building. · Authorization to expend $5,000.00 from the Sinking Fund, on an emergency basis, to replace lime slaker transfer pump gear boxes and install 2 ½" PVC pump line and valves to replace existing 2" line. · Authorization to expend $3,500.00 from the Sinking Fund, on an emergency basis, to furnish and install coolant for emergency generator. · Authorization to expend $2,500.00 from the Sinking Fund, on an emergency basis, to replace filter frames in both aeration blower filter housings. · Authorization to expend $6,500.00 from the Sinking Fund to replace main entrance swinging gate with key pad activated 6' x 24' rolling gate. Recommend ratification of the actions approved by the SCRWTD Board on April 15, 1999. S/city clerk/agenda5.4.99.scrwtd.memo SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ROBERT J. HAGEL f~~ Telephone Executive Director ~ (407) 272-7061 (407) 734-2577 Fax: (407) 265-2357 lq ElqO RAN D Ulq TO: City Clerk's Office, City OF Delray Beach FROM: Mary Ann Shumilla "-~o~1 ~--'~ .... /'~'~"'~' DATE: April 19, 1999 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of April 15, 1999 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 15, 1999, by a vote of 8-0, approve Authorization to Expend $3,677.20 From the Sinking Fund, On An Emergency Basis, To Replace Filters In Lime Storage Building. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 15, 1999, by a vote of 8-0, approve Authorization to Expend ~5,000 From The Sinking Fund, On An Emergency Basis, To Replace Lime Slaker Transfer Pump Gear Boxes And Install 2 1/2" PVC Pump Line And Valves To Replace Existing 2" Line. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 15, 1999, by a vote of 8-0, approve Authorization to Expend ~3,500.00 From The Sinking Fund, On An Emergency Basis, To Furnish And Install Coolant For Emergency Generator. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 1999 WHEREAS, the South Central RegiOnal Wastewater Treatment and Disposal Board did on April 15, 1999, by a vote of 8-0, approve Authorization to Expend ;~2,500. From The Sinking Fund, On An Emergency Basis, To Replace Filter Frames In Both Aeration Blower Filter Housings. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 15, 1999, by a vote of 8-0, approve Authorization to Expend ~6,500.00 From The Sinking Fund To Replace Main Entrance Swinging Gate With Key Pad Activated 6' X 24' Rolling Gate. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~b/I SUBJECT: AGENDA ITEM # ff~3 REGULAR MEETING OF MAY 4, 1999 EXPANSION OF ICMA MANAGEMENT MATCH PROGRAM DATE: APRIL 29, 1999 In February, 1997, the City Commission adopted Resolution No. 17-97 which approved the establishment of a money purchase plan and trust (40lA plan) through the International City Management Association (ICMA) as an added benefit for certain eligible management employees. Under this program, the City contributes a three percent (3%) match for participating employees. When the program was first put in place, the employees eligible to participate were department heads, assistant department heads and other senior management personnel such as captains and lieutenants in the Police Department and Battalion Chiefs in the Fire Department (please see the attached list). The action requested of the Commission is to approve an expansion of the 3% management match program to include the positions delineated on the attached list. Funding for this expansion was approved during the mid-year budget amendment process with the adoption of Resolution No. 27-99 on April 20, 1999. Approval is recommended. S/city clerk/agenda. 5.4.99.ICMA.match MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~]'/Jl SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF MAY 4, 1999 EXPANSION OF ICMA MANAGEMENT MATCH PROGRAM DATE: APRIL 29, 1999 In February, 1997, the City Commission adopted Resolution No. 17-97 which approved the establishment of a money purchase plan and trust (40lA plan) through the International City Management Association (ICMA) as an added benefit for certain eligible management employees. Under this program, the City contributes a three percent (3%) match for participating employees. When the program was first put in place, the employees eligible to participate were department heads, assistant department heads and other senior management personnel such as captains and lieutenants in the Police Department and Battalion Chiefs in the Fire Department (please see the attached list). The action requested of the Commission is to approve an expansion of the 3% management match program to include the positions delineated on the attached list. Funding for this expansion was approved during the mid-year budget amendment process with the adoption of Resolution No. 27-99 on April 20, 1999. Approval is recommended. , / ~ ~ //~ffz~ Agenda Item No.: ~' AGENDA REQUEST Date: ,04-2~-99 , Request to be placed on: X 4~ Agenda Special Agenda Workshop Agenda When: 05-04-99 Description of agenda item (wh~, what, where, how much): Approval of the expansion .of the City's 3% Management Match Prngram to include the . positions on the attached schedule. Funding for. this expansion was approved during the mid-year budget amendment proaa~ on 04-20-99. ORDINARCE/ RESOLUTION REQUIRED: yES/NO Draft Attached: YES/NO Recommendation: Approval is recommended by the City Manager. Determination of Consistency ~ Comprehensive Plan: n/a City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives.~- (if applicable) Account No. & Description: Various departmental budgets Account Balance: City Manager Review: Approved for agenda: (~ NO ~ Hold Until:~ ~ Ag%nda Coordinator Review: Received: Action: Approved/Disapproved 04/22/99 TBU 10:45 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~002 Proposed Expansion of ICMA 3% City Match 1/2 Year DeE ,t/Div Position, , ,,, Employee FY99, Salary Proposed Match City Attorney Assistant City Attorney I Jay Jambeck $37,000.00 $560 Finance Admin Treasurer Rebecca O'Connor $55,120.00 $830 Budget Administrator Regina Frazier $37,340.00 $560 Administrative Manager Sherry Muehlberg $43,660.00 $650 Purchasing Purchasing Supervisor Jaoldyn Rooney $35,130.00 $530 MIS Technical Services Administrator Greg Welch $62,000.00 $930 Sr. Programmer/Analyst Vacant $0.00 $0 Network Engineer Christine Lisi $52,000.00 $780 Network Engineer Vacant $0.00 $0 Human Resouxees Training & Development Mgr Doug Randolph $50,980.00 $760 Police Admin Admin. Services Director David Sunghans $47,760.00 $720 Asst. City Arty/Police Legal Cathy KozoI $53,560.00 $800 Support Services Asst. Director Support Svcs Tiua Lunsford $47,880.00 $720 Communications Manager Jeff Kristiansen $40,500.00 $610 Comm. Improvement Horticulturist Nancy Davila $50,815.00 $760 Engineering Asst. Construction Mgr Victor Majtenyi $44,430.00 $670 Fire Administrative Officer Ellen Wickert $45,990.00 $690 Total General Fund $10,570 ESD Asst. City Engineer Barton Caronite $47,530.00 $710 Totnl water/Sewer Fund $"~10 Average Participation Ratio = 85% $9,$90 CITY OF DELRAY BEACH Department Heads, Assistant Department Heads, Division Heads and Others Eligible for 3% Match Program ADMINISTRATIVE SERVICES Robert A. Barcinski, Assistant City Manager Hoyt Owens, Deputy Dir. of P.W. Jim Schmitz, Bldg. Maim. Supt. Allan Powery, Streets Superintendent CITY ATTORNEY'S OFFICE Susan Ruby, City Attorney Brian Shutt, Ass't. City Attorney II CITY CLERK'S OFFICE Alison MacGregor-Harty Barbara Garito, Deputy City Clerk CITY MANAGER'S OFFICE David T. Harden, City Manager COMMUNITY IMPROVEMENT Lula Butler, Comm. Improvement Director Jerry Sanzone, Bldg. & Insp. Admin. Richard Bauer, Code Administrator Charles Bender, III, C.D. Coordinator George Diaz, Deputy Bldg. Official ENVIRONMENTAL SERVICES Richard Hasko, Envir. Services Director Randal Krejcarek, City Engineer Dan Beatty, Dep. Dir. of Public Utilities Howard Wight, Dep. Dir. of Construction Mike Offie, W/S Network Superintendent Don Haley, WTP Superintendent Robert Bullard, Maint. Superintendent. n'Detenga n'Gummo, Env. Comp. Mgr. Joseph Safford, Finance Director Milena Walinski, Assist. Finance Director Richard Zuccaro, Info. Systems Manager Frank Babin, Risk Management Officer Barbara Schooler, UTB Manager Robert Rehr, Fire Chief John Tomaszewski, Ass't. Fire Chief Michael Wigderson, Ass't. Fire Chief Russell Accardi, Div. Chief/Prof. Training Douglas Trawick, Div. Chief/EMS Michael Cato, Div. Chief/Fire Safety Charles Stravino, Battalion Chief (position vacant) Battalion Chief Michael Hendricks, Battalion Chief HUMAN RESOURCES Edward Gusty, Human Resources Director Nancy Jackson, Human Resources Admin. PARKS & RECREATION Joe Weldon, Parks and Rec. Director Joseph Dragon, Ass't. Parks and Rec. Dir. Roger Ribero, Recreation Superintendent Ray Eubank, Parks Superintendent Richard Connell, Beach Supervisor PLANNING & ZONING Diane Dominguez, Dir. of Planning & Zoning Paul Dorling, Principal Planner Jeff Costello, Principal Planner POLICE Richard Overman, Police Chief Joseph L. Schroeder, Police Major Ralph Phillips, Police Captain William McCollom, Police Captain Mark Davis, Police Captain Ross Licata, Police Captain Lennis Gillard, Police Captain Geoffrey Williams, Police Lieutenant James Wilson, Police Lieutenant Robert Musco, Police Lieutenant Marc Woods, Police Lieutenant Glenn Goss, Police Lieutenant Howard Lunsford, Police Lieutenant Craig Hartmann, Police Lieutenant Ivery Williams, Police Lieutenant Jeffrey Rancour, Police Lieutenant File:u:graham/cmgr Doc.:icmamtch.lst MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~P' ~' REGULAR MEETING OF MAY 4, 1999 SERVICE AUTHORIZATION #4/DIGBY BRIDGES MARSH & ASSOCIATES (COMMUNITY CENTER ADDITION) DATE: APRIL 30, 1999 This is before the City Commission to approve Service Authorization #4 in the amount of $13,374.43 with Digby Bridges Marsh & Associates for professional services related to the Community Center addition. Services will include all planning, design and construction documents for expansion of administrative offices and additional storage space. A copy of the preliminary floor plan is attached. Preparation of plans and specifications will be completed in approximately sixty (60) days. A July 1999 bid date for construction is anticipated. Recommend approval of Service Authorization #4 with Digby Bridges Marsh & Associates in the amount of $13,374.43, with funding from 334-4125-572-62.10 (General Construction Fund - Community Center Addition). S/city clerk/agenda. 5.4.99. SvcAuth. Dbridges. CommCtrAddition Agenda Item No. ~'(~ AGENDA REQUEST Date: April 28, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: May 4, 1999 Description of item (who, what, where, how much): Agenda item for proposed improvements to the Community Center included in FY 98199 Budget. The services provided by the consultant, Digby Bridges, March & Associates, P.A. will include all design and construction documents for expansion of administrative offices, additional storage and new mansard roof. Preliminary planning has already been completed under a separate Purchase Order. Preparation of plans and specifications will be completed in approximately forty-five (45) days. A July '99 bid date for construction is anticipated. The total cost of this Service Authorization is $13,374.43. per the attached (includes $1,000.00 of reimbursable). Funding is from account #3:~4-4125-572-62.10 (Community Center Addition). ORDINANCE/RESOLUTION REQUIRED: YE._~. DRAFT ATTACHED Y/~ Recommendation: Staff ~ appr~c~.ajGt~orization. __ Department head s~ --f~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r,,~ed on all items involving expenditure of funds): Funding available.' YE__~NO Funding alternative'~-~ .(if applicable) Account No. & Description $.~ ~t_ z..//.,1,5- ~,~-'7,P, -d,,~/O C',~ ~u~,~-~ C~x~/-e~' ,~', ]o/,~_.~ Account Balance~ /~ ~,4"~70 ~ ~ ~' / City Manager Review: Approved for agenda: ~10 ~/~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:\...\projects\98\98-030\official\agenda01 .doc City Of Delray Beach. Department of Environmentai Services MEMORANDUM TO: David T. Harden, City Manager FROM: Howard Wight, Dep Dir Constructio/~~ DATE: April 28, 1999 SUBJECT: Community Center Addition Service Authorization #4 Digby Bridges, March & Associates Project #98-030 The attached agenda item is for proposed improvements to the Community Center included in FY 98/99 Budget. The services provided by the consultant will include all planning, design and construction documents for expansion of administrative offices, additional storage and new mansard roof (to match ticket office). Preparation of plans and specifications will be completed in approximately forty-five (45) days. Preliminary planning and design schematics have already been completed under separate purchase order. A July '99 bid date for construction is anticipated. The total cost of this Service Authorization is $13,374.43 per the attached (includes $1,000.00 of reimbursables). Funding is from account #334-4125-572-62.10 (Community Center Addition) eric. cc Joe Weldon s:~.. Aprojects~98tg8-O47~official~agendaO2.mem Apr-~O-99 09:04A digby bridges marsh 561 278 7841 P.02 DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CONSULTING SERVICE AUTHORIZATION DATE: January 14, 1999 SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. (CITY) Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH COMMUNITY CENTER EXPANSION I. PROJECT DE$CRIPTIQN Provide contract documents for the expansion of the Community Center. II. SCOPE OF SERVICES (A) The services the consultant shall provide shall include all planning, design and construction documents for expansion of Administrative office, additional storage and new mansard roof. (B) The consultant will provide architectural construction administration and coordination services necessary for (A) above. (C) The following services which are included: (1) In addition to the components listed in above Items A & B, the architect shall be responsible for preparation of landscaping plans (to include xeriscaping),structuralengineering,mechanical engineering,plumbing engineering, fire protection plans and electricalengineering. (2) Final construction documents shall be completed on Auto Cadd Version 14. (3) The consultant (and contractor when construction begins) shall attend weekly progress meetings w~th the City to monitor the status of design and/or construction and coordinate activities. Apr-~O-99 09:04A digby bridges marsh 561 278 7841 P.03 (4) Consultant shall provide all services necessary to obtain approvals required, which may include, but not necessarily be limited to the following: Florida Department of Health & Rehabilitative Services Palm Beach County Department of Environmental Resource Management City of Delray Beach Site Plan Review and Appearance Board City of Delray Beach Department of Environmental Services City of Delray Beach Building Department City of Delray Beach City Commission The consultant shall furnish all materials and make presentations to these governing bodies as required to obtain all necessary approvals. III. ~ Compensation for services described above shall be a lump sum fee of 12,547.43 (Twelve Thousand Five Hundred Forty-Seven dollars and Forty Three Cents) To be billed in accordance with the work completed, with a maximum percentage for each section: Design Development 20% Contract Documents 75% Construction Administration 5 % 100% Mode of payment shall be billed on a monthly basis and shall be b~lled in accordance with the hourly rates set out be]ow. Compensation for additional services not included in this Contract shall be at the following rates: Principal $150.00 per hour Design $125.00 per hour Sr. Draftsman $ 75.00 per hour Jr. Draftsman $ 75.00 per hour Administrative $ 45.00 per hour EXCLUSIONS: Land Surveyor Soil testing Local Government Process (above normal) REIMBURSABLES: Reimbursables not to exceed $1,000.00 (One Thousand Dollars). Apr-30-99 09:04A digby bridges marsh 561 278 7841 P_04 IV. COMPLETION DATE The completion date for the plans, contract documents and permit applications is 45 days from Notice to Prg~eed. V. SERVICE AUTHORIZATION This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARS~ & ASSOC., CITY OF DELRAY BEACH: P.A. Date Date By: Jay Alperin Mayor Title: (Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of , 1997 was acknowledged by Approved as to Legal on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 1997. Notary Public State of Florida My Commission Expires: ' CITY of DELRAY BEAC ~. : I COMMUNITY CENTER EXPANSION i PRELIMINARY BUDGET ESTIMATE :;! ' 0t/¶2/99 Item[ S U M M A R Y ^ ExtemalWorks ~'$'~/~'~/~_~ ,. 25,000 23,863 B Storage (285 s.f.) . c Offices (1,275 s.f.) 103,013 General Requirements g Contingency Nlowan~ 10 % ~dd: Ove~eads and Profit ' : SITEWORK Item A Site clearance 2,500 B Demolitions 5,000 c Earthwork 2,000 D Site Electrical 1,500 E Paving/curbs etc. 5,000 Irrigation System 1,000 Landascaping, including sodding 5,000 External Signage 1,000 Miscellaneous 2,000 To Sumnn ~ry $25,000 2. STORAGE BUILDING Item 6 Floor slab, foundations and floor finishes 285 sf 10.00 2,850 ~ Internal Walls 100 sf 7.50 750 External Walls 400 sf 5,000 Roof 285 3,563 Ceilings 0 Doom, frames and hardware, and framing around opening 3 3,000 Shelving 500 Fire Sprinklers 285 713 Airconditioning 285 2,850 Electrical 285 2,138 Miscellaneous 2,500 To $23,863 OFFICE BUILDING Floor slab, foundations and floor finishes 1,275 sf 10.00 12,750 Internal Walls 1,500 sf 7.50 11,250 Extemal Walls 600 15.00 9,000 Ceilings 1,275 3.00 3,825 Roof 1,275 12.50 15,938 Doors, frames and hardware, and framing around opening 10 1,000 10,000 Windows - external 7 '50.00 5,250 Widows - internal 2 i00.00 1,000 Signage 1,000 Shelving 2,500 Fire Sprinklers 1,275 2.50 3,188 Airconditioning 1,275 10.00 12,750 Electrical 1,275 7.50 9,563 Miscellaneous 5,000 To Summ ry t $103,013 EXCLUSIONS The following items are excluded from this Budget Estimate :- 1. Professional Fees and expenses 2. Office furniture and equipment 3. Cable, telephone installations 4. Window treatments BE^CH AII-AmericaCity 19q3 May 11, 1999 Mr. Randal Krejcarek City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 RE: Agreement with ADR, Inc. for Digital Base Maps Dear Randal: This is to advise that the Delray Beach City Commission, in regular session on May 4, 1999, approved the execution of an agreement with ADR, Inc. for digital photogrammetric base maps of that area of the city bounded on the south by Lake Ida Road, on the west by 1-95, on the north by the City limits and on the east by the Intracoastal Waterway, as well as that area bounded by S.W. 10th Street on the north, 1- 95 on the west, the Intracoastal Waterway on the east and the City limits on the south (approximately 2,740 acres). A copy of the backup material provided for this agenda item is attached for your information. If I can be of further assistance, please do not hesitate to contact me at 561/243-7050. Sincerely, .... Alison MacGregor Harty City Clerk AMH/m Attachment THE EFFORT ALWAYS MATTERS Printed on Recycled Pal~er MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~'~;} REGULAR MEETING OF MAY 4, 1999 DIGITAL BASE MAPS/ADR, INC. (JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER) DATE: APRIL 30, 1999 On June 2, 1998, the City Commission approved a joint venture between the City and the Palm Beach County Property Appraiser to contract with ADR, Inc. for digital base maps of the barrier island coastal area. This pilot segment was successful and in November, 1998, the Commission authorized additional base mapping for the area bounded by Lake Ida Road on the north, 1-95 on the west, S.W. 10 Street on the south, and the Intracoastal Waterway on the east. Staff would now like to continue with the base mapping of two additional areas utilizing the existing agreement between the Property Appraiser and ADR, Inc. Under this agreement fourteen (14) features will be accurately captured through the digital mapping process. Of the 14 features, the Property Appraiser has requested ten basic features and will share the cost on a 50%/50% basis for same. The City has requested four additional features, which are outlined in the attached documentation. The two areas to be converted to digital maps are: 1. That area bounded by Lake Ida Road on the south, 1-95 on the west, the City limits on the north, and the Intracoastal Waterway on the east. 2. That area bounded by S.W. 10th Street on the north, 1-95 on the west, the City limits on the south, and the Intracoastal Waterway on the east. The total cost for the ten basic features is $124,706.00, to be split 50%/50% between the Property Appraiser and the City ($62,353 each). The cost for the four additional features requested by the City is $14,840, for a total cost to the City of $77,193,00. Funding will be as follows: $44,869 from 448-5411-538-63.90 (Stormwater Utility - Other Improvements) and $32,324 from 441-5161-536-63.90 (W&S New Capital - Other Improvements). Recommend approval of the joint venture with the Palm Beach County Property Appraiser and authorize the Mayor to execute an agreement with ADR, Inc. for digital base maps of the referenced areas. S/city clerk/agenda. 5.4.99.digital.maps Agenda Item No. AGENDA REQUEST Date: 27-Apr-99 Request to be placed on: X Regular Agenda ~ Special Agenda Workshop Agenda When: 04-May-99 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute agreement with ADR, Inc. Agreement will provide the City with accurate digital data covering the areas bounded by: 1) Lake Ida on the south, 1-95 on the west, the City limits on the north, and the Intracoastal on the east. 2) SW lOth Street on the north, 1-95 on the west the City limits on the south and Intracoastal on the east.. Fourteen geographic features will be captured digitally. The total cost of this project is $124,706.00 of which the City will contribute $77,193.00, and the County Property Appraiser will contribute $62,353.00. The aerial photography required for this project was flown and paid for by Palm Beach County. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recomme~pprov~. Department head signature: , . ~, 2.~. ~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (rj~l~'ed on ~s involving .expenditure of funds): Funding available.' YE~NO ~'-~ }'t~ J~ ~ Funding alternative-~'~ ~ - ' - (if applicable) Account No. & Description $44,869 from 448-5461-538-63.90, Stormwater Utility - Other Improvements (transfers required) & $32,324 from 441-5161-536-63.90 Water/Sewer New Capital - Other Improvements (transfers required) Account Balance 448-5461-538-63.90 $17,755 (see attached transfer) 441-5161- 536-63. 90 $0 (transfer $32,324 from 441-5161-536-63. 77) City Manager Review: Approved for agenda: (~S/N~v~./~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~... Vetters~k~gistagendaO3. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Randal L. Krejcarek, P.E. City Engineer DATE: 27-Apr-99 SUBJECT: Digital Photogrammetric Base Maps, Project # 98-093 Joint Effort with Palm Beach Property Appraiser The attached agenda item is a request for commission approval/authorization for the Mayor to execute an agreement with ADR, Inc. The City will utilize an existing agreement between Palm Beach County Property Appraiser and ADR. This agreement will provide the City with accurate digital data at a fraction of the cost. The cost of this work is substantially reduced because the Property Appraiser will be paying one-half (1/2) of the cost to accurately capture ten (10) of the fourteen (14) features that the City is requesting. Two areas will be converted, they are: 1) The area bounded by Lake Ida on the south, 1-95 on the west, the City limits on the north, and the Intracoastal on the east. 2) The area bounded by SW 10th Street on the north, 1-95 on the west, the Intracoastal on the east, and the City limits on the south (approximately 2,740 acres). This area will have 14 features accurately captured. Ten basic features, of the fourteen features, are being requested by, and cost shared with, the Property Appraiser. The ten basic features include: hydrologic features (lakes, rivers, canals, etc.), sea walls, edge of pavements, railroad tracks, buildings, back edge of sidewalks, fences and walls, radio and television towers, surface details at major intersections and State Plane Coordinates of section and quarter section corners. This project will be completed by the end of September 1999. The four additional features will be swimming pools, front edge of sidewalks, driveways, patios and other impervious areas. The cost is as follows: $124,706 Cost to obtain ten basic features requested by Property Appraiser 62,353 Property Appraisers share of cost (50% of ten basic feature cost) 62,353 City of Delay's cost to obtain ten basic features 14,840 Cost to City to obtain four additional features $ 77,t93 Total cost to the City Funding will be provided from the following sources: $ 44,869 448-5411-538-63.90 Stormwater Utility - Other Improvements 32,324 441-5161-536-63.90 Water/Sewer - Other Improvements .(transfers attached) $ 77,t93 Total Thank you. enc. cc Richard Hasko, P.E., Director of Environmental Services file 98-093 S.'~e~gadmi~lprojects~98198-O93~co~tractlage~daO3. mem AOR Inc. 9285 Commerce Highway, Pennsauken, NJ 081 10 April 21, 1999 Phone: 800/257-7960 Fax: 609/486-7778 Mr. Randal L. Krejcarek, P.E. City Engineer Environmental Services Department City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL RE: Digital Photogrammetric Land Base Joint Project with the Palm Beach County Property Appraisers ADR File: E - 22155 A and B, Phase III - North and South Combined Dear Mr. Krejcarek: Responding to the meetings with you and Mr. H. R. Harris, Director of Geoprocessing of the Palm Beach County Property Appraisers Office, we are pleased to submit this proposal and Schedule of Fees for the Photogrammetric Engineering Services to cover the specified project area totaling 2,740 acres as a cost- sharing consideration with the Palm Beach County Property Appraiser. All the work will be done in accordance with the procedures and accuracies detailed in our original tedmical proposal of May 1996 submitted to the Director of Public Utilities assuring 6" (six inch) horizontal accuracy and optional future 1' (one foot) contour accuracy. Project Location and Description of the Production Procedure A. Phase III has two parts, North and South Part North is located north of Phase II between 1-95 and the Intercoastal Waterway to and including the northern city line totaling 1,270 acres and defined as portions of Sections 4, 5, 7, 8 and 9 range 43 east, Township 46 south. Part South is located south of Phase II between 1-95 and the Intercoastal Waterway to and including the southern city boundary totaling 1,470 acres and defined as portions of Sections 19, 20, 21, 28, 29, 32 and 33, Range 43 east, Township 46. B. The following is a brief description of the initial operations and the subsequent digital capture of the "Basic Ten" geographic lm~d features of the mutually needed digital land base for the above described project area as delineated on the attached Project Area Map. 1. Initial Operations · Project planning · Low altitude precision aerial photography to support 6" horizontal accuracy · Horizontal geodetic ground control by Global Positioning System and partially by standard procedures · Preparation of the stereo model diapositives · Analytical Aerotriangulation Services · Model setups and stereo digitizing of the below listed features Pennsauken, NJ · Pittsburgh, PA · Colorado Springs, CO · Austin, TX · West Palm Beach and St. Petersburg, FL · San Diego, CA Mr. Randal L. Krejcarek, P.E. April 21, 1999 Page 2 2. List of the "Basic Ten" Geographic Features (Vectors) · All drainage features: coast (shore)-lines, lakes, rivers, cm~als, etc. · Sea Walls · Roads as indicated by edge of curb or edge of traveled surface where no curbs exist, gutters · Railroad tracks · Buildings · Fences, walls and other features, which appear to be property lines · Back edges of side walks (property side) · Radio and television towers · Major intersections (traffic islands, painted symbols) · State Plane Coordinate of Section and Quarter Section Comers from County sources 3. List of Additional Features for the City of Delray Beach (Vectors): In the following we describe the additional work specified by the City of Delray Beach for GIS design and other automation purposes in the total project area of Phase III North and South, the combined total of 2,740 acres. In a simultaneous operation with the work for the Property Appraiser's Office, along with the above listed "Basic Ten" geographic features, we will also stereo digitize the below listed 4 (four) additional features (vectors) as clearly visible and identifiable on the aerial photography. 1. Swimming Pools 3. Driveways 2. Sidewalks (Roadside) 4. Patios and Impervious Areas C. List of Delivery Items · One set of aerial indexes One set of 9" x 9" contact prints of the aerial photography on RC paper · Final translation of the geographic landbase either in AutoCAD (version 14) or DXF format at the City's choice. The files will be structured by sections. All work and services proposed herein will be completed by or under the direct supervision of certified photogrammetrists, licensed engineers and land surveyors. This proposal is subject to authorization to proceed by the City of Delray Beach and the Palm Beach County Appraiser's Office approximately at the same time and is firm for three months from this date, after which time it may be reviewed and revised. Mr. Randal L. Krejcarek, P.E. April 21, 1999 Page 3 The Palm Beach County Property Appraiser's share of the Ten Basic Geographic Features is requested to be completed for the end of September of the budget year. Special communication and scheduling effort will be necessary to coordinate production to assure the mutually desired cost benefits and to complete the additional work to satisfy the City's delivery requirement in addition to the PBPA's requirements. Very truly yours, ADR Inc. Loui~omondi Vice~President/Project Coordinator /db ACCEPTED BY: Mayor CITY OF DELRAY BEACH DATE: Attachments: Schedule of Fees :delrayS.qte ~~~ Delray Beach PH-III N & S E22155 A & A-1 E22155 B & B-1 April 1999 SCHEDULE OF FEES FOR THE CITY OF DELRAY BEACH PH-III-NORTH & SOUTH, FLORIDA AS COST SHARING PROJECT WITH THE PALM BEACH COUNTY APPRAISER'S OFFICE Scale of Photography: 1" = 300', 5 flight lines, 93 plates, 82 stereomodels Total production fee of the photogrammetric "initial operations" and digital data capture of the "Basic Ten" geographic features covering the project area totaling 2,740 (two thousand seven hundred and forty) acres as a cost saving project with the Palm Beach County Property Appraiser's Office: ........................................................................................................... $124,706.00 · The Property Appraiser's Share 50% $62,353.00 · The City of Delray Beach's Share 50% $62,353.00 · Additional fee for stereodigitizing the 4 (four) specified utility features for the City of Delray Beach as listed in A-3 of this proposal $14,840.00 TOTAL COMBINED FEE FOR THE CITY OF DELRAY BEACH $77,193.00 :fee5.doc 04/26/99 12:49 ~'16094867778 ADR AS$0C INC ~0002/0002 ADR Inc. ~ 9285 Commerce Highway, Pennsauken. NJ OB1 10 Phone: i~00/~57-7950 Fax; 609/488-7778 April 26,1999 Mr. Randal L. Krejcarek, P.E. Envizonmental Services Department City of Delray Beach 434 S. Swinton Aveaue De[ray Beach, FL 3~~. RE: Digital Photogrammetric Land Base Joint Project with the Palm Beach County Property Appraisers ADR File: E - 22155A aFd B, Phas6. III.- North and South Combined Dear Mr. I<xejcarelc This letter is an addition to our proposal of April 19, 1999, for Digital Land Base ~es for the City of Delray Beach, Phase ID - North and South, a~ a joint.project with the Palm Beach Property Appraiso_gs Office. All the proposed work for the City of Delray B~ach sch~luled for completion simultaneously wiit~ the PBPA's share of the project for ~ of S~pl~be~ of this year, provided that the project will b~ authorized to proceed in the filet week of May of this year. Thank you for the opportunity to propos~ and we are prepared ~o f~nish any additional information ~at the City may desire. Very truly yours, ADR Inc. Vice Pre$ide_nt/Pr~ct ,Coordinator /db Pennsauken. NJ - Pi=taburgh. PA · Colorado Springs, CO - Austin, 3~X - West Palm Beach and ~;~. Petersburg. FL - Sen Diego, CA 04/25×99 12:18 P.B. CO. PROPERTY APPRAISER a 561 2z~3 75i4 NO. 262 Q02 TWENTY-FOURTH(B) ADDENDUM TO CONTRACT BETWEEN THE PALM BEACH COUNTY PROPERTY APPRAISER AERIAL DATA REDUCTION ASSOCIATES, INC. CONTRACT NO. ~ GPS-1 ADDENDUM (24-B) This Addendum is attached to and made a part of the contract between the Palm Beach County Property Appraiser (herein "APPRAISER") and Aerial Data Reduction Associates, Inc. (herein "CONTRACTOR") dated July 9, 1991. WHEP. EAS, the APPRAISER and CONTRACTOR mutually agree to amend the Agreement; and WHEREAS, the Contract between the parties provides for this amendment; WH~S, the APPRAISER and CONTRACTOR amend the Contract ~or additional services in the below described area with the ~nderstanding that the legal Municipalities in the State of Florida, the City of Delray Beach (herein "CITY" ), and the APPRAISER, for the purpose of the most efficient use of their funds and for other good considerations will share the cost evenly (by 50%) for the basic 10 {ten) geographic features listed in the first paragraph of the Second Addendum, item 1-e for the area described in subparagraphs l(a through e) of this Addendum and in accordance with a separate agreement between said Municipality and Contractor. NOW, T~EP. EFORE, in consideration of the mutual covenants contained herein the APPRAISER and CONTRACTOR hereby amend said Contract as follows; Paragraph 2 of said Contract and Paragraph 1 of the First Addendum thereto dated August 31, 1991, and Paragraph 1 of Second Addendum, hereto dated December 4, 1991 are amended to add the following as an addition to the work to be performed pursuant to the Contract, its First Addendum and its Second Addendum: 1. In addition to the work described in Paragraph 2 of the said Contract and Paragraph 1 of the First Addendum and Paragraph l(e) of the Second Addendum, CONTRACTOR. being a full service organization, agrees to provide the below listed additional work and services according no the general terms and conditions of said Contract, its First Addendum, Second Addendum, Third Addendum, Fourth Addendum, Fifth Addendum, sixth Addendum, Seventh Addendum, Eighth Addendum, Ninth Addendum, Tenth Addendum, Eleventh Addendum, Twelfth Addendum, Thirteenth Addendum, Fourteenth Addendum, FifUeenth Addendum, 1 of 3 12:18 p.B.CO.PROPERTY APPRAISER a 561 243 7514 N0.262 Q05 ~~ Sixteenth Addendum. Seventeenth Addendum, Eighteenth Addendum. Nineteenth Addendum, Twentieth Addendum, Twenty-first, Twenty- second. Twenty-third, Twenty Fourth. and according to the specifications of said agreement as a~reed upon in this Twenty-fourth(B) Addendum: 2. THE PROJECT AREA, ON M~TUAL INTEREST, SCOPE OF WORK AND THE FINAL DELIVERY ITEMS: Project area is defined for the CITY as Phase III the part north of Phase II and includes portions of Sections 4, 5, 9, 7 and 8 Range 43 East, Township 46 South, (1270 Acres) furthermore, the part south of phase II and includes portions of Sections 19, 20, 21, 28, 29, 32 and 33, Range 43 East, Township 46 South (1470 Acres), all being east of 1-95 and west of the Intracoastal Waterway. This represents an area increase of vector data of approximately 2740 acres to the previous total of 647,389 acres to the total of 650,129 acres. The final delivery items shall be: a. Two (2) sets of photo indexes b. One (1) set of 9" by 9" contact positive prints of the aerial photography on resin coated (RC) paper c. Horizontal control reports d. Final translation of the collected digital data in Drawing Exchange Format (DXF) on MS- DOS floppy disks or CD ROM disk. 3. Extension/Termination Unless extended or terminated, the period of performance oX this seventeenth Addendum shall commence on the date of execution hereof and shall be completed no later than September 30, 1999. 2 of 3 04×ZD/99 12:18 p.B.CO.PROPERTY RPPRRISER a 561 243 7~14 N0.262 P04 The above described additional Photo engineering Services will be performed for the area described above for the lump sum Zee $62,353.00 (Sixty two-thousand three hundred and fifty-three dollars) for Phase III of the CITY, 50% of the 10 basic features. This Addendum will not become effective until after the City o~ Delray Beach authorizes CONTRACTOR to proceed, furthermore, after fully executed copies of same are received by all parties hereto. Except as modified herein the ter~s and conditions of the said Contract and the First and Second Addenda thereto between the Palm Beach County Property Appraiser and Aerial Data Reduction Associates, Inc. shall remain in force.. Agreed and Accepted: Agreed and Accepted: Aerial Data Reduction Palm Beach County Associates, Inc. Property Appraiser ~Y: Louis Komondi Gary R. Nikolits, CFA Dated; D~t ed~ 3 of 3 AGENDA REQUEST Agenda Item No. ~ Date: April 28, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 4, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of deduct Final Change Order #1 to Westra Construction Corporation for the above referenced Project. Change Order #1 represents the plus/minus as-built quantity changes based on actual field measured quantities. The amount is -$18,989.00. Request is also made for approval to make final payment to Westra in the amount of $41,266.60. A Contractor Evaluation is attached for your review. Funding will be from R&R Account ~442-5178-536-63.93 (Southeast Interceptor) per P.O. # 572270 ORDINANCE/RESOLUTION REQUIRED: YES/~_o~FT ATTACHED YES~ Recommendation: Staff recommends approval of Change Order #1, Final and Final Payment to Westra Construction Corporation Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure funds ): Funding available: YES, NO Funding alternatives (if applicable) Account No. & Des.cription Account Balance~ ~ City Manager Review: ~'~ Approved for agenda: Hold Until: Agenda Coordinator Review: Placed on Agenda: Action: Approved/Di s approved s: \EngAdmin\Proj ects \ 97 \ 97-005\OFFICIAL\AG102098. DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # Ot~ REGULAR MEETING OF MAY 4, 1999 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/WESTRA CONSTRUCTION CORPORATION (SOUTHEAST INTERCEPTOR SANITARY MAIN) DATE: APRIL 29, 1999 This is before the City Commission to approve closeout Change Order #1 in the net deduct amount of $18,989.00 with Westra Construction Corporation for the rehabilitation of the 36" southeast interceptor sanitary sewer main. This represents the plus/minus as-built quantity changes based on actual field measured quantities. Also requested is final payment in the amount of $41,266.60 to Westra Construction. The project is complete and has been inspected and approved by staff. Funding will be from 442-5178-536-63.93 (W&S Renewal & Replacement- Southeast Interceptor). Recommend approval of closeout Change Order #1 and the request for final payment to Westra Construction Corporation for completion of the southeast interceptor sanitary sewer main rehabilitation project. S/city clerk/agenda.5.4.99.SEInterceptor. Final City Of Delray Beach. Department of Environmental Services MEMORANDUM TO: David T. Harden City Manager FROM: Howard Wight Deputy Director of Cons~]lction"--' SUBJECT: Rehabilitation of 36" Southeast Interceptor Sanitary Sewer Main PROJECT NUMBER 97-05 DATE: April 28, 1999 Attached is an Agenda Request for Commission approval of deduct Change Order #1, Final to Westra Construction Corporation for the above referenced Project. Change Order #1 represents the plus/minus as-built quantity adjustments based on actual field measured quantities. The amount is net deduct of $18,989.00. Request is also made for approval to make final payment to Westra in the amount of $41,266.60. A Contractor Evaluation is attached for your review. Funding will be from R&R Account #442-5178-536-63.93 (Southeast Interceptor) per P.O. # 572270 cc: file: S :\EngAdmin\Proj ects\97\97-005\const\agenmemo.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 ,Final PROJECT NO. 97-05 DATE: PROJECT TITLE: Rehabilitation of 36" Southeast Interceptor Sanitary Sewer Main TO CONTRACTOR: Westra Construction Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOP. THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final plus/minus as-built quantity changes per Schedule "A" attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 367,710.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 367,710.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($ 18,989.00) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 348,721.00 PER CENT DECREASE THIS CHANGE ORDER -5.2% TOTAL PER CENT DECREASE TO DATE -5.2% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Westra Construction Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are Funding Source is 442-5178-536-63.93 (Southeast Interceptor) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t/[ SUBJECT: AGENDA ITEM ~/::r - REGULAR MEETING OF MAY 4, 1999 REPORT OF APPEALABLE LAND USE ITEMS DATE: APRIL 29, 1999 Attached is the Report of Appealable Land Use Items for the period April 19th through April 30, 1999. It informs the Commission of the various land use actions taken by the designated boards, which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S/cityclerk/agenda5.4.99.apagmemo TO: DAVID T. HARDEN, CITY MANAGER THRU' PAUL DORLING, ACTING DIRECTOR OF PLANNING AND ZONINC--~ , ~- ~ ~ FROM: JASMIN ALLEN, 'I~LAN~Et/~'~/~/'~ ~.~~. SUBJECT: MEETING OF MAY 4, 1999 CONSENT AGENDA REPORT OF APPEALABLE LAND USE ITEMS APRIL 19, 1999 THRU APRIL 30, '1999 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 19, 1999 through April 30, 1999. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. [] Recommended approval (5 to 0, Bird and McCarthy absent), of an abandonment request for NE 5th Street lying between NE 5th and NE 6th Avenues (Federal Highway Pairs) and the north-south alleyway lying between NE 5th and NE 6th Streets; and, the north-south alleyway lying between NE 4th and NE 5th Streets associated with the proposed Publix Grocery Store. City Commission Documentation Appealable Items Meeting of May 4, 1999 Page 2 r~ Recommended approval (5 to 0), of a city initiated corrective rezoning from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for a portion of the Keeler's Draperies property, located on the east side of South Federal Highway, approximately 150' south of Tropic Isle Drive. A. Approved with conditions (4 to 0, Fowler and Shutt absent, Perez-Azua stepped down), a Class IV site plan modification, landscape plan and architectural elevation plan for a proposed mixed-use building to be known as Creations of Pineapple Grove, within the former Winn Dixie Building located at the northeast corner of Pineapple Grove Way and NE Is` Street. Concurrently, the Board granted a waiver eliminating the requirement for a sidewalk along NE 3ra Avenue. B. Approved with conditions (4 to 0, Sittler left the meeting), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 4,000 sq. ft. storage and office building for the City's Water Treatment Facility/Public Works Complex, located on the east side of SW 2nd Avenue, between SW 6th and 7th Streets. Concurrently the Board approved several waivers, namely; n Eliminating the requirement to provide 5' wide sidewalks along SW 2nd Avenue and SW 6t~ Street. :~ Reducing the required right-of-way for SW 6th and SW 7th Streets from 60' to 50'. c~ Reducing the required stacking distance for the entrance gate from 100' to 20'. C. Tabled on a 4 to 0 vote, a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 3-story office building (11,400 sq. ft.) for the WDBF Radio Station, located on the south side of West Atlantic Avenue, east of Homewood Boulevard. The Board tabled the item in order to allow the applicant to address concerns regarding compatibility with the surrounding uses with respect to the height of the structure. D. Tabled on a 4 to 0 vote, a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a mixed-use office and residential development for La Fontana, located on the east side of SE 6th Avenue (northbound Federal Highway), approximately 680' north of SE 10th Street. The Board tabled the item to allow the applicant to readdress the proposed architectural style. City Commission Documentation Appealable Items Meeting of May 4, 1999 Page 3 1. Approved (5 to 0, Johnson absent, Keller stepped down), a request for a Certificate of Appropriateness associated with exterior renovations for a single family residence located at 117 NE 7th Street. Concurrently the Board granted variances reducing the side street setback from 15' to 14'3" and the side interior setback from 10' to 4'6". 2. Approved (5 to 0, Turner stepped down), a request for a Certificate of Appropriateness, Class II site plan modification, landscape plan and architectural elevation plan associated with the conversion of a single family residence to office for Lipshy Office, located at the northeast corner of NE 2nd Street and NE 1st Avenue. 3. Approved (5 to 0, Turner stepped down), a request for a Certificate of Appropriateness for exterior design elements including shutters, balcony railings, lighting fixtures at Rectory Square, located at the southwest corner of West Atlantic Avenue and South Swinton Avenue. 4. Continued (6 to 0), a request for a Certificate of Appropriateness to replace 4 original double hung wood windows with aluminum single hung windows for a single family residence located at 242 N. Swinton Avenue. The Board continued the item to allow the applicant to obtain estimates for repairing the original windows. No other appealable items were considered by the Board. However, the following non-appealable item was considered by the Board. The Board granted a variance on a 4 to 0 vote (Keller stepped down, Ames arrived late), reducing the required side interior setback from 5' to 3' for a swimming pool deck associated with the construction of a single family residence at 300 N. Swinton Avenue. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - MAY 4, 1999 L.-~ CANAL ~...... F ......L ....... ._F' ..... ~. ~ ~.w. 2~osr ~ .... L ...... LOWSON 80UL~ARD ~ UN~N ~U~ARD ~'-'~ ~ ~ I~~ .................... i~.~.~ ....................... 8.~.~.~.B.: ~.~.~.: A. CR~TIONS OF PIN~PPLE GROVE ~. 117 N.E. 7TH STREET ......... CI~ UMITS ......... B. PUBLIC UTILITIES STO~GE BUILDING Z 20t N.E. IST A ~NUE C. WDBF ~DIO STATION 3. RECTORY SQUARE D. ~ FONTANA 4. 242 N. SWlNTON AVENUE G~PHIC CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER / SUBJECT: AGENDA ITEM # ~ ~' REGULAR MEETING OF MAY 4, 1999 AWARD OF BIDS AND CONTRACTS DATE: APRIL 29, 1999 This is before the City Commission to approve the award of the following bids and contracts: (1) Bid award in the amount of $24,370.00 to Therma Seal Roofs, lowest responsive bidder, for the Lift Station #50 & #80 Roof Removal and Replacement project, with funding from 442-5178-536-62.10 (W&S Renewal & Replacement - Building Rehab Lift Station 50/80). (2) Purchase award in the estimated annual amount of $17,528.18 to McWane, Inc. d/b/a Kennedy Valve Co., via Miami-Dade Water Sewer Fire Hydrant Bid, for the purchase of fire hydrants, with funding from 442-5178-536-52.29 (W&S Renewal & Replacement - Fire Hydrants <$500). (3) Renewal of contract award to Ritz Safety Equipment, via Palm Beach County Bid, for the purchase of safety shoes for City employees at an estimated annual cost of $30,542.00, with funding from various departmental budgets (52.22). (4) Purchase award in the amount of $12,310.11 to J.C. White Office Furniture, via Florida State contract, for the purchase of furniture for the Support Services, Computer Operations Division of the Police Department, with funding from 115- 2112-521-49.90 (Police/Special Projects - Other Current Charges). Recommend approval of the bid and contract awards listed above. S/city clerk/agenda. 5.4.99.bids.contracts AGENDA REQUEST Agenda Item No. ~'~'/ Date: April 28, 1999 Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda When: May 4, 1999 Description of item (who, what, where, how much: Staff requests Commission approval to award a contract to Therma Seal Roofs for the above referenced project. They were the lowest responsible bidder on the project with a base bid (fiberglass shingles) amount of $24,370.00. The budget for the project was $30,000.00. A bid tab is attached for your review. The scope of work generally consists of the removal of existing roof materials on both the flat and mansard portions of the roofs at Lift Station 50 on Lowson Blvd and Lift Station 80 on Lake Ida Road; and replacement with a new built up roof (flat area) and fiberglass shingle roof (mansard area). Alternate bids were solicited for a standing seam metal mansard roof in lieu of the fiberglass shingles. These bids were generally twice the price of the shingles, over the budget and thus were not considered. Dakota Construction was the apparent iow bidder. However, upon review of their bid with it was acknowledged by them that there was a mistake in their bid. They only submitted a price on Lift Station 50 roof replacement {half the project scope) and withdrew their base bid in the amount of $12,510.00 (see attached memo). Funding Source is 442-5178-536-62.10 (Lift Station 50/80 Roof Repair) ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED Recommendation: Staff recommends award of contr~.t to Therma Seal Roofs in Department signature: k~/-~~ ~_..--~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: E~NO Funding alternatives (if applicable) Account No. & Description4~x/~ Account Balance ,~ ~6-~,. ~/~/ City Manager Review: ~E~ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di s approved City Of Delray Beach. Department of Environmental Services MEMORANDUM TO: David T. Harden City Manager Howard Wight FROM: Dep. Dir. of Construct~n ~ DATE: April 28, 1999 SUBJECT: L.S. #50 & #80 Roof Removal and Replacement Project No. 99-001 Staff requests Commission approval to award a contract to Therma Seal Roofs for the above referenced project. They were the lowest responsible bidder on the project with a base bid (fiberglass shingles) amount of $24,370.00. The budget for the project was $30,000.00. A bid tab is attached for your review. The scope of work generally consists of the removal of existing roof materials on both the fiat and mansard portions of the roofs at Lift Station 50 on Lowson Blvd. And Lift Station 80 on Lake Ida Road; and replacement with a new built up roof (flat area) and fiberglass shingle roof (mansard area). Alternate bids were solicited for a standing seam metal mansard roof in lieu of the fiberglass shingles. These bids were generally twice the price of the shingles, over the budget and thus were not considered. Dakota Construction was the apparent Iow bidder. However, upon review of their bid with it was acknowledged by them that there was a mistake in their bid. They only bid Lift Station 50 roof replacement (half the project scope) and withdrew their base bid in the amount of $12,510.00 (see attached memo). Funding Source is 442-5178-536-62.10 (Lift Station 50/80 Roof Repair) CC: File: Project No. 99-001A Memos to City Manager S:engine/projects/99-001/letters/nta.doc 0 a.. rn 0 " DAKOTA CONSTRUCTION, INC. -' DAKOTA ROOFING, INC. 4731 WEST ATLANTIC AV~qUE SUI~ B-14 DELRAY ~EACI.!, FL 33445 Tel. (SG1) 495 - 9400 Fax. (SG1) 49~ - 5010 *FAX T~ANSMISSION, *FAX TRANSHISSION* NU~B~ OF PAGES - INCLUDING TIII$ COVER SHEET ~ : (PLEASE ADVISE SENDEa IF YOU IL%V~ NOT R~CEIFED ALL PAGES) TI~NK YOU AGENDA ITEM NUMBER: O~. ~".o~., AGENDA REQUEST Request to be placed on: XX Regular Agenda __ Special Agenda __ Workshop Agenda When: May 4, 1999 Description of agenda item: Purchase award for the purchase of fire hydrants from McWane, Inc. D/B/A Kennedy Valve Co., via the Miami-Dade Water Sewer Bid #1042-2/99-2, at an estimated annual cost of $17,528.18. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to McWane, Inc. D/B/A Kennedy Valve Co. for the purchase of fire hydrants via the Miami-Dade Water Sewer bid #1042-2/99-1 at an estimated annual cost of $17,528.18. Funding will be taken from 442-5178-536-52.29 (fire hydrant replacement - <$500.00) Department Head Sig natu~~- ~~-- _~/~ ~,~)~,~-,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required or~ all items involving expenditure of funds): Funding available: Yes~'~~/~'~'~ ~ ~o Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda.~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DIVISION MEMORANDUM DATE: April 27, 1999 TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer ph ~an THROUGH: Jose ce Director RE: DOCUMENTATION- CITY COMMISSION MEETING MAY 4, 1999 - PURCHASE AWARD FIRE HYDRANTS - VIA MIAMI-DADE WATER & SEWER BID ITEM BEFORE COMMISSION: City Commission is requested to approve the purchase of fire hydrants from McWane, Inc. D/B/A Kennedy Valve Co., via the Miami-Dade Water Sewer Bid # 1042-2/99-2, at an estimated annual cost of $17,528.18. BACKGROUND: The City of Delray Beach Water/Sewer Network has a need for an annual contract for the purchase of fire hydrants. These fire hydrants are available from the Miami-Dade Water Sewer Fire Hydrant Bid #1042-2/99-2 which was awarded to McWane, Inc. D/B/A Kennedy Valve Co. for the Guardian K8 lA Fire Hydrant. The vendor has agreed to extend to the City of Delray Beach the same bid pricing and terms with the following exceptions: the fire hydrants are to be painted silver for the City of Delray Beach; and a non Miami-Dade Dirt Shield (Part No. K8103, O/L - $11.29) will be purchased. Refer to the attached letter from Kennedy Valve Co. dated April 7, 1999, and the City of Delray Beach estimated annual requirements per the memorandum dated April 5, 1999. RECOMMENDATION: The Purchasing Division recommends award to McWane, Inc. D/B/A Kennedy Valve Co. via the Miami-Dade Water/Sewer Bid #1042-2/99-2 at an estimated annual cost of $17,528.18. Funding will be taken from account code 442-5178-536-52.29 (fire-hydrant replacement <$500.00). Attachments: Letter from Kennedy Valve Co. Memo from Manager W/S Network Miami-Dade Contract Award Sheet Jacldyn Rooney, Purchasing Supervisor,(~ Michael Offie, Manager W/S Network MEMORANDUM DATE: April 5, 1999 TO: Jacklyn Rooney, Purchasing Supervisor FROM: Michael S. Office, Manager WIS Network SUBJECT: Fire Hydrant Contract I have read the bid package and discussed the subject with the Deputy Director of Construction and the Deputy Director of Public Utilities. We recommend the City of Delray Beach piggy back the Miami Dade bid. The following are estimated quantities and sizes needed for fiscal year 1998 - 1999. Item 1 Bury Length 30" 0 each Item 2 Bury Length 36" 4 each Item 3 Bury Length 42" 30 each Item 4 Bury Length 48" 2 each Item 5 Bury Length 54" 2 each Item 6 Bury Length 60" 4 each Request all hydrants with 5 ¼" control valve. Funding will be taken from account number 442-5178-536-52.~~e hydrant replacement < $500.00. Michael S. O~e~/~'~~--~- Manager VV/S Network Cc: Dick Hasko, Director of Environmental Services Dan Beatty, Deputy Director of Public Works Howard Wight, Deputy Director of Construction IO21 ~ Wuier Street l~lmltn. ~fY IAgOl l'clephone (607) ';3,1-Z211 Fey (800) 952-4771 April 7, 1999 Finance Department City of Delray Beach 100 N.W 1'~ Avetme Delray Beach. FL 334d4 RE: MIAMI-DADE WA'[ER & SEWER CONTRACT #1042-2/99-1 Dear Jcn: Kennedy Valve wilt allow the City of Delrny Beach, FL. to pigg~b~clt from the Mhuni-Dnde £~e hyOZ~t contract. When ~u place the order, please be sure to m~e the folims4ng not~: A.) Hydi~ts to be painted silk, er lB,) A ram-Minmi-Dade dirt shield must be requested (Part no. K8103, O/L - $11.29) C.) Send billing address and P.O. number v~ith order D.) Note to Water Dept_ that delivery will be d _ 6 weeks I have enclosed a copy of thc contract. Please call with nny questions. SillCetely. , . ,. Michacle~e Weiskopf // L/ Customer Service Rep. 9tt-~ 6o/8o d )6,J-I -~J°'f:l meZl: It 88-80-JdV METROPOLITAN OAOE COUNTY BID NO. 104g-g/gg-~-,,, -- BIO PROPOSAL FOR : FIRE HYDRANTS [~DR MIAN]-DAOE i/ATER & SE-gm/L~ OEPARTMENT FIRM NAME: Kennedy Valve Item Ouanttty Descrlpttew -Uett Price Total ' ....... ._. - ..... ~._:_ . - .-- - ~___- ..--..,___ r. 1. 40 Each Fire Hydrants (City of Miami .~ . Standard) Bury Length 30 inches $ 386,00 $~0 .~.' BO Each Fire Hydrants (City of Miami Standard) Bury Length 36-inches S 393.00_ $31,iao-p_O 3. 65 Each Fire Hydrants (City of Miami Standard) Bury Length aZ inches $ 603..00 $26,195-p0 4. 100 ~ach Ftre Hydra,ts (City of Miami Standard) Bury Length 48 inches $ 412.00 Sa~L~200.O0 5, 65 Each Fire Hydrapts (Ctty of Miami Standard} Bury Length 54 {riches 6. 40 ~ach Fire Hydrants (Ctty of M{ami Standard) Bury Le,gth 60 ~nches $ 431.00 7. 10 Ear~ F{-e Hydrants (Oade County Standard) Bury Length 30 inches S 38A.00 $ ~tB60.O0 8. aS Each Fire Hydrants (Dado County Standard) Bury Length 36 inches $ 393.00 $17~685~00 g. 130 Each Ftre Hydrants (Dado County Standard) Bury Length 4Z inches $ ~03.00_ ~0700 Each Fire Hydrants (Oade County Standard) Bu~y Length 48 inches $_~12.00 Page 80/90 d 28~-1 -mOJ:l meki:k[ 66-60-Jd¥ H~TROPOL~TAH OAUE COUNTY BID HO. FIRE HYDRANTS fOR H)AHI-OAOE WATER & SEWER DEPARTHENT FIRM NAME: _~e~ned7 Valve Item Description ~,~t P~4c~ Total 11. 170 Each Ftre Hydrants (Dado cou.ty '-~. Standard) Bury Length 54 taches $ ~2.00 $ 7.1,7A0~00 1Z. lO Each ~tre Hydrants (Dade County Standard) Bury Length 60 inches $ &~l.Op $ ~,.31D.OO 'TOTAL 1310 (ITEM5 1 THROUGH 12) Manufacturer's Name and Model No. Guardian KS_,I._A . _ Deliveries can be made vithtn 3~ ........ calendar days after receipt of order. 15. Fire Hydr&nt Replacement Parts as follows: A. ManOfaCtu~er~s name: Kennedy Val~.e ...... _ . . B, Percent mark-up (*) or discount (-) offered off Manufacturer's Price L~st ................ ~_-_~ [5 ....... % C, geltvery after receipt of order in caleaclar days: 30 Page 15 NETRDPDLITAN 13ADE KC~JNT¥ 1042-2/99-2 Ol~teS: FRIDAY, ~EBRUARY 19. 1999 (~ 2:00 PM OTR YEAR # 2 SEL'tIDM 4.0 BIO PROIq)SAL _EASE QUOTE PRICES LESS TAXES. F.O,B. DESTINATION, DELIVERED IN DM)E COIJNl'f, FLORIDA ~E:. Dade County is Exempt P~ms All Taxes (Federal, State. Local). B(d Price Should Be _L?__ Less All Taxes. Tax Ex,motion Certif(cate Wtll Be Furnished By The County On Request ssued' By: Date trecto~ of General Sexy(cos Admin. Dado County F1or4da. of Pages 13 th~u ealed bids, subject ta the Toms and Conditions of th4s Inv4t~tton to B(d a~ th~ con,any(ag Bid Pro,asa1, such other contract p~v(stons, the~ data as a~e attached or (nca~arnt~ by 'eceiv~d at th~ aff(c~ of th~ Clerk of the ~a~ at th~ address sh~n a~ve an ~alf of the )ada County 8oa~ of County Co~isstone~s unt41 the a~ve stat~ tt~ and date. a~ at t~t ;tme p~ltcly aaened fo~ furnishing the s~plies o~ se?vtces descr4~ (n the tccomD~ny(.g Btd P?oggsnl Requi?wnt. &Btd- DepoSit in the amount of N~A of the total amount of the btd shall acCtm~any all ~ds. A Perf~snc~ Rff,~ ;n the a~uflt of ~/A of the- total amount of the bid v111 ~ required u~an execution of the Contract by the successful bidder and Dane County. O0 NOT WRIi~ ~N ~HIS SP-ACE ' FIRM ~L~ME ACCEPTED R~ECTE1) . S~E~ A~ESS _!021 ~a~t ~ater ~treet ~-RESP~SIVE ~ BID CI~ ~ B.C.E .......... STATE & ZIP C~ ~e~ York L6901 ... I~ NOS. ACCEPT~ m m T~EPHONE N~ C6077 73~-2211 c~I~ C~E; 3~-60 A~IZ~ A&~ John A. Chalk SPECIALIST: ~olnndo Cabrera. CPPB. TITLE OF OFFIC~ Page 13 gtt-:l BO/gO d ~.BY.-J. -u~o.hl mell:ll AGENDA ITEM NUMBER: ~' ~' ''-~ AGENDA REQUEST Request to be placed on: XX Consent Agenda __ Special Agenda ~ Workshop Agenda When: May 4, 1999 Description of agenda item: Contract Renewal - Purchase of Safety Shoes via the Palm Beach County Bid Number 98-003PJCR to Ritz Safety Equipment at an estimated annual cost of $30,542.00. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Renew contract with Ritz Safety Equipment for safety shoes via Palm Beach County Bid Number 98-003R/CR, at an estimated annual cost of $30,542.00 Department Head ~ Signature:-~"~ _~~-~.--~/~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it.ems involving expenditure c~f funds): Funding available: Yes Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~~/ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DIVISION MEMORANDUM DATE: April 29, 1999 TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Josep~nance Director RE: DOCUMENTATION- CITY COMMISSION MEETING MAY 4, 1999 - RENEWAL OF CONTRACT SAFETY SHOES VIA PALM BEACH COUNTY BID #98-003R/CR ITEM BEFORE COMMISSION: City Commission is requested to approve the purchase of Safety Shoes for city employees to Ritz Safety Equipment at an estimated annual cost of $30,542.00. BACKGROUND: The City of Delray Beach has need for the renewal of the annual contract for the purchase of Safety Shoes as stated in Article #23 oflBF&O Bargaining Agreement, Section 2, Safety and Health, for approximately 189 employees. These shoes are available via the Palm Beach County Bid Number 98-003R/CR awarded to Ritz Safety Equipment. See attached Bid Re-Cap sheet and award letter to Ritz Safety Equipment from Palm Beach County. On April 21, 1998, the City Commision approved the award of $30,542.00 to Ritz Safety Shoes via Palm Beach County Bid 98-003R/CR. Using departments are very pleased with the service and delivery of this company. Ritz Safety Equipment has agreed to renew the extension of the same terms and conditions of Palm Beach County Bid 98-003R/CR per the attached letter dated April 27, 1999. RECOMMENDATION: The Purchasing Division recommends the renewal of award to Ritz Safety Equipment via the Palm Beach County Contract 98-003R/CR at an estimated annual cost of $30,542.00. Funding will be taken from various departments operating budgets. Attachments: Palm Beach County Bid Re-Cap Sheet and Award Letter Letter to City of Delray from Ritz Safety dated 04/27/99 Agenda Request and Memorandum dated 04/15/98 Jacklyn Rooney, Purchasing Supervisor MT~ ?.G.a ~ost-lt" brand fax transmittal memo 7671 *of pae-- · To x From c°'-C/& _.i Dapt ~ ~ I IPhone 8 ~ · -- ~ ~ITZ0001 RITZ SAFETY EQqIPHENT INC 1851 NORTH ~OWE~LI.N~ RO~ PurchaslngDepa~ment POMP~O B~CK, FL 33069 50 S. Mt[i[aty Trail Suite ~0 Dear Vendor: RE: TE~ CONTACT ~:.9.~003R-1 Wes[ Pa~m 5each FL ~3415-~19q (561) 233-1500 This is to inform you that Palm Beach County Board Of F~: (SOU 233d511 County Co~issioner~ i~ entering into a Te~ Contract wwwc0.palm-beach ~ us with your company for Footwear. $ofety, ~ghaso o.f based on one of the following: [xxx] RENEWAL OF FO~L BID/RFQ ~...98003R/CR [ ] WRITTEN QUOTATION # Palm Beach County Board uf County Commlsslo.er~ [ ] PALM BEACH COUNTY SCHOOL BOARD BID #_ Maude Ford Lee, Chair [ ] OTHER: Warren H Newe[l. Vice chairman KarenT. Marcu$ The term of thin contract is 04/01/99_ through Q3/31L200Q. The estimated dollar value is $ 92,380. Carol A. Rober[s MaryMcCarzy The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully Burr Aaronson appropriated for its purpose by the State of Florida and TOrWMaSil°[[i the Board of County Commissioners. Palm Beach County Departments will issue hard copy orders again.t this contract as your authorization to deliver. Count%'Administrato~ All invoices must reference each unique document number. Robert Weisman If you have any questions, contact Kristen__A_.~ _M. on~ett at .(561) 233 -1525. ly, /.///~w Patricia M. Wiltse, CPPO, CPPB Purchasing Manager c: Using Departments '~. ~q,,.t o.po.u,~,ty Fi 1 e Affirmative ~CtlOn Employo'' mTZ SAFETY EQUIPMENT, INC. 6~~~ 1851 North Powerline Road Pompano Beach, FL 33069 (954) 971-3176 (800) 451-3077 FAX: (954) 971-1272 RECEIVED April 27, 1999 APR 2 9 1999 City of Delray Beach CHA$1N6,0E?C 100 ~ M 1st ~venue Attn: Jackie Delray Beach, FL 33444 Dear Jackie, Please be advised that Ritz Safety Equipment will extend the same terms and provisions of the Palm Beach County safety shoe bid to the City of Delray for another year. The pricing will be only on the styles of the bid itself. If an employee is allowed to purchase styles not on the bid, we would need to be notified in writing of that decision. Otherwise, they will only be offered the styles on the bid. Should there be any questions please don't hesitate to contact me. /Respect f~l y yours, ri/La rence Ritz S~fety Equipment, INC. AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: May 4, 1999 Description of agenda item: Purchase Award - Purchase of office furniture from J.C. White Office Furniture via the Florida State Contract, Number N962027, for a total cost of $12,310.11. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Purchase Award from J.C. White Office Furniture via the Florida State Contract, Number N962027, for a total cost of $12,310.11. Funding will be taken from account 115-2112-521-49.90. Department Head Sig : Determination of, Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on ~JJj~ms~nvo[ving expenditure of funds): Funding available: Yes L~ ~'' No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:(~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved M E M O R A N D U M PURCHASING DIVISION DATE: April 30, 1999 TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Joseph Safford, Finance Director RE: DOCUMENTATION - CITY COMMISSION MEETING MAY 4, 1999 - PURCHASE AWARD OFFICE FURNITURE VIA FLORIDA STATE CONTRACT NUMBER N962027 ITEM BEFORE COMMISSION: City Commission is requested to approve the purchase of furniture from J.C. White Office Furniture for the Support Services, Computer Operations Division of the Delray Beach Police Department for a total cost of $12,310.11. BACKGROUND: The furniture being purchased from J.C. White Office Furniture is for the Support Services, Computer Operations Division of the Delray Beach Police Department and will support training requirements and the implementation and repair of the department's computer network. The Administrative Services Director at the Delray Beach Police Department recommends this purchase from J.C. White Office Furniture per the Florida State Contract, Number N962027, and quote dated April 21, 1999. Please see the attached quote from J.C. White and letter of recommendation from David Junghans, Administrative Services Director. RECOMMENDATION: The Purchasing Division recommends the award to J.C. White Office Furniture via the Florida State Contract, Number N962027, at a total cost of $12,310.11. Funding will be taken from account number 115-2112-521-49.90. Attachments: Letter of recommendation from David Junghans Quote from J.C. White Office Furniture Jacklyn Rooney, Purchasing Supervisor DELRAY BEACH Delray Beach Police Department NI-AmedcaCity (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: Purchasing Sup,~e~r Jackie Rooney FROM: David Jungha'~,~~ \ ' Administrative Serv~'c~,~Director DATE: April 28, 1999 SUBJECT: RIEQUI,$1TION,NUMBER 70816 This requisition is for the purchase of furniture for our Support Services, Computer Operations. This furniture will support training requirements and the implementation and repair of the department's computer network. The furniture is being purchased off of a Florida State contract, with department Federal Forfeiture assets. Should you have any questions, please contact me at ext. 7852. DJ/rmh Cc: T. Lunsford 04/30/99 08:06 FAX 561 243 7816 DELRAY BEACH POLICE DEPT -> CITY ~ANAGER ~003 'Ap-~,-~21-99 11: 15 JC WHITE 561 848 8219 P.04 xx xx ~ / //, . DAOE ~O~mOOM BROW~D SHOWROOM PA~ B~CH SHOWROOm. ~ ~ ' ~ ' / / 10125 N.W. 19~hSTRE~ ~0 S.W. I~hAVENUE 7479 CE~LINDUS~IALDR. MI~I, FLORIDA.172 POMPANO BEACH, FL33~9 RIVtE~B~CH, FL~04 PHONE: ~) 477-5817 PHONE: (~) 785-3212 PHONE: (~1) ~8-4982 QUALI~ OFFICE FURNITURE F~: (~) 477-~82 F~: (~4) 78~2818 F~: (~1) ~8219 Shi~ TO: ~te: Pho~: Per~n: D~lvery D~e: ~, ~ S~i~ I~r~flo~: Ref, Qty. Mocld# Item Description Price Amount Account ~r~nta~vo ACC~ By. 04/30/99 08:05 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY ~IANAGER ~]002 Apr--21 -99 11: 14 .It WHITE 561 848 8219 P. 03 -- x ~ ~ '~ I. / / DADE ~HOWROOM ~ROW~O SHOWROOM P~M B~CH SHOWROOM ~ 10125 N.W. 1~ S~RE~ 2~ S.W, l~h A~NUE 7479 CENTRAL INDUS~IAL DR, M~I, ~ORI~A ~172 POMP~O BEACH, FL 3~9 RtVIE~ B~CH, FL 3~04 ~ONE: (~} 477-5817 PHONE: ~} 785-~12 PHONE: (~) ~8-4982 QUALI~ OFFICE FURNITURE F~ (~} 477-~ F~: ~) 7~.2818 F~: (~1) ~-8219 Dellv~ Dote: ~. 8 S~iol In~uctb~ Ret. Qty. Model// Item DeSCription Price Amount ~ ~ -' ACCOUnt Ee~r~ntQ~e Acc~t~ 8y 04/30/99 08:07 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY MANAGER ~004 Apr-'21-99 11:15 JC WHITE 561 848 8219 P 05 ~' ~ ' / - OADE SHO~/ROOM BROWARO SHOWR~M PA~ B~CH SHOWROOM= PHONE: (3~) 4~-5817 PHONE: (~) 7~-3212 PHONE: (~1) ~4982 ~U~hl~ OFFICE FURNITURE F~: (305) 477-5~2 F~: (~) 7~-2816 F~: (561) ~-8219 Ship TO: Dote: Ter~ B~ 1o: C~ct P~: ' C~~- -- P~n'. ~erv ~e: ~. ~ Special Instructlor~ ~ '~ ' ' C~ Ref. Qty. Model# Item Description Pd Amount Account Repr~nt~e Acc~ted By_ 04/30/99 08:07 FAX 561 243 7816 DELRAY BEACH POLICE DEPT -~ CITY MANAGER ~005 Apr-21-99 11:15 JC WHI~E 561 848 8219 P.06 \ \ \ /.: // // ,, DADE SHOWROOM BROWARD SHOWROOM PALM BEACH SHOWROOM* ~\\. \ · %.. ~,~ I I / - I Z / __~ ,10125 N.W. 19th STREET 200 S.W. 12th AVENUE 7479 CENTRAL INDUSTRIAL DR. _ MIAMI, FLORIDA33172 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 I PHONE: (;305) 477-5817 PHONE: (954) 785-3212 PHONE: (561) 848.4982 tIIJAI. ITY OI~I~IGE I~U~II~IrI'UIII~ FAX: (305) 477'-5882 FAX: (954) 785-2818 FAX: (561) 848-8219 Ship TO: Dote: ~ ,~r~m...~ ~. ~)~,~ ,~z].~ 1 Terms: Bill to: Phone; Contoct Person: Delivery Dote: P.O, # Special Instructions: Ref.Qty.Model# Item De~-sc_ ~rlptlon Price Amount ./'f' t-/~/~ - ~oo ;;~ A'/,¢,'/ Z~<~x' ~. /1 ~. / " , ~i.~ ~o~4 .... Account Repr~nto~e ACC~I~ By, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~]~ REGULAR MEETING OF MAY 4, 1999 SPECIAL EVENT REQUEST/DOWNTOWN CRAFT FESTIVAL DATE: APRIL 29, 1999 We have received a request from Howard Alan Events to hold a Downtown Craft Festival on May 29-30, 1999. The event is proposed to be held on a portion of Atlantic Avenue, east of the Intracoastal Waterway, generally between Venetian Drive and Salina Avenue. Mr. Barcinski's memorandum concerning the request is attached. In considering this event, I must point out that we just finished the Delray Affair. We have the Cinco de Mayo Fiesta coming up on Sunday, May 2, 1999, along with the tennis tournament running from May 1 st through the 8th. There is an Art & Jazz on the Avenue set for the following Thursday on May 13, 1999. I am concerned that some of our staff have too much time taken up with special events. In view of this, I recommend that the request be denied. S/city clerk/agenda. 5.4.99.craftfest MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager DATE: April 28, 1999 SUBJECT: Agenda Item # ~A - City Commission Meeting of May 4, 1999 Special Event Request - Downtown Craft Festival Action City Commission is requested to approve a Downtown Craft Festival sponsored by Howard Alan Events, Ltd., in conjunction with the Joint Venture on May 29th and 30th, 1999 from 10 a.m. to 5 p.m. As per LDR's Section 2.4.6 (N), this event requires a temporary use permit for use of City right-of-way from east of Venetian Drive to west of Sa]ina Avenue. Commissioners are also requested to authorize staff to apply for the FDOT permit and secure staff support for security and street barracading. Additionally, LDR's Section 4.6.7 (D)(3)(j)(ii) will need to be waived in order to allow event signage to be placed more than one (1) week before the event. Background Attached is the letter request for this event from Howard Alan Events, Ltd. This is a new event being proposed in conjunction with the Joint Venture east of the intracoastal as an alternative to Art and Jazz. It has determined that extending Art and Jazz east of the intracoastal has been of hmited benefit to the business community. Ms. Ferrer has informed me that a majority of the business owners, east of Venetian Drive, support this event. The event promoter will manage the event and provide clean up. They will take care of the signs, provide port-o-lets and dumpsters. I have also been informed by Ms. Ferrer that arrangements have been made with the Marriott Hotel to allow the valet service for Caffe Luna Rosa to utilize the Andrews Avenue lot. The parking queue would remain on Atlantic Avenue and be accessible from A- 1-A only. The total estimated cost for overtime for security and barracading is $3,500, which will be paid for by the promoter. Recommendation Staff recommends consideration of approval of this event on May 29th and 30th, granting the temporary use permit and sign waived as requested, and authorizing staff support and security contingent on the receipt of a hold-harmless agreement and hability insurance with all overtime costs to be paid for by the promoter. U/Memo/CraftFestivall RAB Sent By: HOWARD ALAN EVENTS; 9544723891; Apr-19 §§ 12:59; Page April 12, 19gg Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1 '~ Ave. Delray Beach, FL 33444 Dear Mr. Barcinski, We are preparing for our Downtown Dekay Beach Craft Festival to be held on Atlantic Ave_ en the east side of the Intracoestal Waten~ay Bddge from the east side of Venetian and the barricades will taper to the west side of Andrews up to the west side of Selene. Selene and Andrews will be left open. Please be advised that the following logistics for Downtown Delray Beach Craft Festival. May 29 - 30, 1999 will be an'anged: Street Closure: Robbia Pentz will drop off 20 banlcades on Sat., May 29, 1999 around 5:30am and W~ll have his men block off street. Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00am - 5:00pm Sat. & Sun. and overnight Sat. from 6pm - 6am. Port-O-Lets & Dumpster:. 3 regular and 1 handicap port-o-let have been ordered through Waste Management of Palm Beach and will be dropped off on Fri_, May 28, 1999 and Will be picked up on Monday, May 31, 1999 With servicing Sunday~ May 30, 1999. The 20 yd. dumpster will also be delivered Friday and picked up Monday. These will be placed in areas approved by the Delray Joint Venture. Trash Receptacles: 20 trash receptacles will be supplied and maintained by our professional clean up crew Profest (Mitch). They will handle clean up of the trash throughout the area each day. Ven0or Parking: RV's and Large Rig vehicles will park in the lot at 7th and Atlantic Ave_ just west of Atlantic Plaza for overnight. Cars and vans will park at Nations Bank dudng the day only. If you have any questions, please feel fcee to call me at (954)472-3755. President Howard Alan Events, LTD, '}69.~ w iiROWARD BLVD. · PLANTATION, FLORIDA 33324 (q54) 472-a755 · FAX (954) 472-3891 www.a~tfcsti,, t,l.l:oztl 0 0 A $ TA L ~ MACFARLANE --I DRIVE F" -___.__2DR~VE _ ~ SEABRF GLEASON.,, ,,. ST. o ~: II o > PALM AVE. z ~: c > fir-1 ;0 BRONSON o ~ l g ..____,.__.~ 0 U L E VA R DNO. A 1A ~ -"---a-'-~l 0¢E' STAT Agenda Item No.:-/~'' AGENDA REQUEST Date: 27-Apr-99 Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda When: 04-May-99 Description of item (who, what, where, how much) Request Commission authorization/approval for Mayor to execute agreements with each of the selected engineering firms for Engineering Consulting Services. All agreements subject to review and approval by City Attorney. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'FI'ACHED YES/NO Recommendation: Staff recomrge~ apprqy~""~,,., ,,~ ,/~ Department Head Signature: ~~ ~'~:) -, ~ Determination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO N.A. Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: /~,.,...~. ~ ,,,~._~t~1~~ -~_~ -~~__,_~ Approved for agenda' Y~.O. J~~~~ ~~~~-~~~ Hold Until: ~~ ~~~ ~ ~ ~~'~~ Received: Placed on Agenda: Action: Approved/Disapproved /agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #~' REGULAR MEETING OF MAY 4, 1999 AGREEMENTS FOR GENERAL CONSULTING ENGINEERING SERVICES) DATE: APRIL 30, 1999 This is before the City Commission to consider acceptance of the Selection Committee's recommendations for the firms to be used by the City for consulting engineering services in the various disciplines (i.e. civil and water distribution, sanitary, stormwater, environmemal, traffic and traffic calming, and roadway enhancements). The Selection Committee consisted of the following: David T. Harden, City Manager, Dick Hasko, Director of Environmental Services, Dan Beatty, Deputy Director of Public Utilities, Howard Wight, Deputy Director of Construction, Randal Krejcarek, City Engineer, Barron Caronite, Civil Engineer, and Paul Dorling, Principal Planner. The recommended list of consulting firms for the various disciplines is included in the backup material. Acceptance of the Selection Committee's recommendations merely establishes an approved list of consultants. Contracts to do specific work will be awarded by the City Commission as service authorizations on a project by project basis. I recommend approval of the selected firms to provide engineering consulting services and authorize the Mayor to execute the agreements, subject to review and approval by the City Attorney. S/city clerk/agenda. 5.4.99.Eng. Consult. Agmts. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M FROM: Randal L. Krejcarek, P.E. /~'~~ DATE: 27-Apr-99 SUBJECT: Agenda Request Approval/Authorization of Engineering Consulting Agreements The attached agenda item is a request for Commission authorization/approval for Mayor to execute agreements with each of the selected engineering firms for Engineering Consulting Services. All agreements subject to review and approval by the City Attorney. The following firms were recommended by the Selection Committee: Discipline Firms Civil & Water Distribution Lawson, Noble & Webb, Inc. Mathews Consulting, Inc. Michael B. Schorah & Associates, Inc. PEC Sanitary Eckler Engineering Lawson, Noble & Webb, Inc. Mathews Consulting, Inc. Michael B. Schorah & Associates, Inc. PEC Stormwater Kimley-Horn & Associates, Inc. Lawson, Noble & Webb, Inc. Mathews Consulting, Inc. Michael B. Schorah & Associates, Inc. Environmental CH2Mhill Eckler Engineering Mathews Consulting, Inc. PEC Traffic & Traffic Calming Kimley-Horn & Associates, Inc. Lawson, Noble & Webb, Inc. Mathews Consulting, Inc. Roadway Enhancements Dames & More, Inc. Heller-Weaver, and Cato, Inc. Mathews Consulting, Inc. Sheremeta Associates, Inc. / enc. cc Richard Hasko, P.E. file S:\engadmin\rfq\99agndmemo.doc AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES THIS AGREEMENT, made and entered into this day of , 19__, by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and , hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSUL- TANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZA- TIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for comple- tion of the particular phase of the work by CONSUL- TANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of manhours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSUL- TANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely comple- tion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representa- tive declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. G. The CONSULTANT shall prepare documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. The CONSULTANT shall in the preparation of documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governental authorities having jurisdiction over the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. 5 D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of perfor- mance and compensation shall be renegotiated, provid- ed; however, the CONSULTANT as a condition precedent to renegotiation shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The period of service is from the date of execution of this AGREEMENT until such time as all outstanding SERVICE AUTHORIZATIONS issued have been completed. Each Service Authorization shall delineate a time for completion of the service to be rendered. VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated manhours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensa- tion is accurate, complete and current at the time of contracting. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET- ED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibit 'B' may be adjusted upon written AGREEMENT of both parties, however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period. A newly revised Exhibit ~B' must be submitted for approval. b. In addition, the CITY shall pay for reim- bursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1 Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2 Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3 Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an addition- al ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and manage- ment of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREE- MENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incom- plete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimburs- able expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. 9 IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materi- als cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connec- tion with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were pre- pared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the 10 CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer's Liability with limits of $100,000 per person, $500,000 per occur- rence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorse- ment GL 21 06 (Engineers, Architects, or Survey- ors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on 11 a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Ranqe Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub- consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSUL- TANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. Ail policies covered within subpara- graphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSUL- TANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certi- fied copy of the professional liability insur- ance policy required by paragraph 4 above for 12 the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S servic- es include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSUL- TANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. 13 G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. Ail such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permis- sion of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consul- tant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accom- plishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREE- MENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: 14 Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties desig- nate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY Manager CITY of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 CONSULTANT K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certifi- cate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. 15 M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually conve- nient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing.such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide 16 employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other considera- tion, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termina- tion of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of 17 CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnifications contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSUL- TANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. 18 V. Attorney's Fees: In the event a suit is filed in court arising out of this agreement, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees, including attorney's fees and costs on appeal. W. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSUL- TANT. X. Extent of Aqreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. 19 IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to Form: CITY Attorney CONSULTANT By: Witness Title: Name Printed (Seal) Witness Name Printed 20 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this day of , 19 , was acknowledged by , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this day of , 1990. Notary Public (SEAL) My Commission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 19 Notary Public My Commission Expires: 21 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 19 Notary Public My Commission Expires: 22 EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. Title: I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Witness Witness Attest: Attest: 23 BEFORE ME, the foregoing instrument, this day of , 199 , Approved as to Legal was acknowledged by Sufficiency and Form on behalf of the Corporation · and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 1991. Notary Public State of Florida My Commission Expires: 24 EXHIBIT B ( SAMPLE ) Hourly Hourly Raw Raw Salary Salary Rate Rates Times 3.00 Multiplier Employer Category Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. Office Support 25 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT II~VOICE City of Delray Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order # Period ending: LABOR Class Employee Name Rate Hours Amount Subtotal Labor $ EXPENSES Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE $ COST SUMMARY Contract Amount $ Amount Earned This Period $ Amount Previously Earned Amount Remaining $ 26 EXHIBIT C (continued) SAMPLE INVOICE -- LUMP SUM FORMAT INVOICE City of Delra¥ Beach Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order Period ending Total Fee $ % Complete $ Less Previous Billings Total Earned This Period $ TOTAL AMOUNT DUE THIS INVOICE $ 27 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE City of Delra~ Beach Project No Date: Purchase Order No. Cleint Ref. No. Task Order No. Invoice NO. Description of services under Task Order # Period ending: LABOR CLASS EMPLOYEE NAME RATE HOURS AMOUNT Subtotal Labor $ Expenses Computer Word Processing Auto Rental Postage/Frieght Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE $ 28 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~7. ~. REGULAR MEETING OF MAY 4, 1999 SERVICE AUTHORIZATION #1/CH2M HILL (CLARIFIER & SOFTENER CAPACITY TESTING AT WATER TREATMENT PLANT) DATE: APRIL 30, 1999 This is before the Commission to consider approval of Service Authorization #1 in the amount of $6,808.00 with CH2M Hill for capacity testing of the clarifiers at the Water Treatment Plant. This testing represents the second phase of the plant capacity-upgrading project. The first phase was the evaluation of the filters, where CH2M Hill determined that the filter flow rate could be increased from 3 MGD/filter to 4 MGD/filter with no detrimental effect on the water quality. This Service Authorization #1 is the next step in the process for upgrading the plant capacity without any physical improvements. The clarifier capacity testing will determine the ability to proceed to phase three of the project, which will consist of permitting the additional capacity. Funding will be from 441-5122-536-31.30 (Water Treatment & Storage - Engineering/Architectural). Recommend approval of Service Authorization #1 in the amount of $6,808.00 with CH2M Hill for clarifier and softener capacity testing at the Water Treatment Plant. S/city clerk/agenda. 5.4.99.CH2MHILL.CapacityTestingWTP AGENDA REQUEST Agenda Item No. ~' Date: April 29, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 4, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 1 to CH2MHILL for Capacity testing of the Clarifiers at the Water Treatment Plant. This testing is the second phase of the plant capacity-upgrading project. The first phase was the evaluation of the filters. CH2MHILL has completed that study and determined that the filter flow rate can be increased from 3 MGD/filter to 4MGD/filter with no detrimental effect on the water quality. This service authorization is the next step in the process for upgrading the plant capacity without any physical improvements. The Clarifier capacity testing will determine the ability to proceed to phase 3 of the project, which will consist of permitting the additional capacity. The total amount of Service Authorization No. 1 is $6,808.00 and funding is available from Account Number. 441-5122-536-31.30 Engineering & Architectural. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff reco~s approval of /S~rvice Authorization No. 1 for CH2MHILL in the amoun~ of/$6,80~L. 00 Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives (if applicable) Account No. & Description ~/-5-~a~,~&-j/.30 %/7~.,~er,~'?~ ~c~,¢~o;#n~/ Account Balance ~ /~, ~- zz/~ ~ ~/~/~ '~7 - ' City Manager Review: ApprovedHold Until: for agenda: ~NO 2~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U:\My Documentslch2mhill.agn.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.~ Deputy Director--o'f P'~b-lic Utilities DATE: April 29, 1999 SUBJECT: Clarifier/Softener Capacity Testing Attached is an Agenda Request and Service Authorization No. 1 to CH2MHILL for Capacity testing of the Clarifiers at the Water Treatment Plant. This testing is the second phase of the plant capacity-upgrading project. The first phase was the evaluation of the filters. CH2MHILL has completed that study and determined that the filter flow rate can be increased from 3 MGD/filter to 4MGD/filter with no detrimental effect on the water quality. This service authorization is the next step in the process for upgrading the plant capacity without any physical improvements. The Clarifier capacity testing will determine the ability to proceed to phase 3 of the project, which will consist of permitting the additional capacity. The total amount of Service Authorization No. 1 is $6,808.00 and funding is available from Account Number. 441-5122-536-31.30 Engineering & Architectural. Please place this item on the May 4, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Assistant Construction Manager Allison MacGregor Harry, City Clerk Don Haley, Water Treatment Plant Manager \\ESSRV002\BEATTY~My Documents\ch2mhill.mem.doc Service Authorization No. 1 to the Agreement to Furnish Profession~Services Dated ,1999, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. No. City Expense Code: City P.N.: Title: Water Treatment Plant Softener Testing Services Category of Work: Professional Engineering Services - Study/Design Introduction As part of an ongoing rerating effort of the City of Delray Beach's (CITY) Water Treatment Plant (WTP), additional testing of softening units capacities is required. The WTP is currently rated for 22.5 million gallons per day (mgd) which is based on the capacity of the filters. Recent tests have shown that the filters can satisfactorily accommodate higher loading rates. A second rate-limiting process is the softening unit, which are currently rated for 27.2 mgd. The City is interested is testing the softening units at higher loading rates to determine if a petition to rerate is warranted. This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. This SERVICE AUTHORIZATION is for providing engineering services for testing of the softening units at the WTP. Scope of Services The CONSULTANT will provide specific services to the CITY in accordance with the following task descriptions. Task 1 - Conduct Test Program The CONSULTANT will develop a field testing program which will define water quality parameters for analysis, identify sample location points, the frequency of sampling and develop the data collection forms. The CONSULANT will advise the CITY of the need for temporary monitoring equipment for the evaluation. The CONSULTANT will coordinate the testing protocol with the Palm Beach County Public Health Unit (PBCHU) to assure that the appropriate parameters are monitored. It is antidpated that the test program will be conducted for a maximum of 160 consecutive days. The CONSULTANT will conduct an initial kickoff meeting with the CITY staff and be present onsite one (1) time at the start of the test. The CONSULTANT will evaluate the data collected by the CITY ~t~r one week to confirm that the data is being collected correctly. After evaluating the one-week data the CONSULTANT will inform the CITY whether the data collection is acceptable or request changes to the protocol. No further evaluation of data by the CONSULTANT will be performed until completion of the study. Task 2 - Evaluation of Test Data and Report Preparation Following completion of the softening testing program, the CONSULTANT will compile and evaluate the test data collected by the CITY and prepare a summary letter report of the findings. Five copies of the draft report will be submitted to the CITY for review. A review meeting be conducted with the CITY to discuss the results and any comments the CITY may have. The CONSULTANT will incorporate the CITY's review comments and submit 5 copies of the final letter report to the CITY. Schedule CH2M HILL will commence work on the Scope of Services upon receipt of a fully executed copy of this Specific Authorization from the City, which will serve as the notice to proceed. It is estimated that the complete services described herein will be completed within 30 days from the completion of the softener testing program. Assumptions The following assumptions were used to develop the scope of work and fee and will be considered part of this SERVICE AUTHORIZATION. · Up to four meetings, including the site kickoff meeting and a meeting to discuss the final summary letter report, are included in these scope of services. · The C1TY shall collect all data and samples, and arrange and pay for analytical testing of the samples tested. · The CITY will provide all collected data to the CONSULTANT in an electronic Excel- based spreadsheet format. · The CITY shall lease and install temporary test instruments for use. · The CITY will be responsible for adhering to the sampling protocol/schedule. · The CITY shall collect softener test data in a format agreed to by both the CITY and the CONSULTANT, and shall perform laboratory water quality testing. D~ 104(X)O7/SET561 .DOC 2 Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $6,808. Compensation for services shall be in accord~ace with Article VII.A.2 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. This service authorization is approved contingent upon the C1TY's acceptance of and satisfaction with the completion Of th~ services rendered in the previous phase or as encompassed by the previous se/vice authorization. If the crrY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the crrY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Seal) Date: Thomas McCormick, P.G. (date) Vice President and Area Manager Jay Alpem Witness Mayor Witness Attest: STATE OF FLORIDA COUNTY OF BROWARD Approved as to Legal Suffidency and Form The foregoing instrument was acknowledged before me this __ day of ,1999, by Thomas McCormick, Vice President and Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and (did/did not) take an oath. Bobbie Willcox Notary Public State of Florida (Seal) DFB/981040007/SET561.DOC 3 Exhibit A Softener Performance Stud~, Estimated Labor Hours Cost per Task No~ Project Cate~lor~ Hour I ~* Totals Vice President/Senior Consultant $115 $0 Senior Manager/Senior Consultant $105 $0 Program Manager/Technical Consultant $98 2 2 $392 Senior Project Manager/Technical $86 $0 Senior Project Professional $77 14 8 $1,694 Project Professional II $68 $0 Project Professional I $58 30 24 $3,132 Lead Technician Supervisor $69 $0 Senior Technician $57 $0 Certified Technician (Designer) $52 $0 Technician (Drafter) $47 $0 Junior Technician $42 $0 Technical Aide $38 $0 Office Support $38 10 8 $684 Labor Subtotal $3,394 $2,508 $5,902 Reimbursable Expenses Transportation $78 $65 $143 Lodging $0 Communication Charge $84 $63 $147 Reproductions/Specs/Drawings $100 $100 Postage and Handling $25 $25 $50 Field Equipment $0 Computer $280 $186 $466 Auto Travel/Mileage (outside PBC) $0 Subcontractors (plus 10%) $0 Expenses Subtotal $467 $439 $906 Project Total $3,861 $2,947 $6,808 DFBsoftenerbudgettable2.XLS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # t~4~ REGULAR MEETING OF MAY 4, 1999 SERVICE AUTHORIZATION #1/MATHEWS CONSULTING, INC. (S.W. 8TM AVENUE IMPROVEMENTS) DATE: APRIL 30, 1999 This is before the Commission to consider approval of Service Authorization #1 in the amount of $51,189.00 with Mathews Consulting, Inc. for design of utility improvements and street resurfacing and reconstruction along the S.W. 8th Avenue corridor from S.W. 4th Street north to West Atlantic Avenue, as well as along S.W. 4th Street from S.W. 8th Avenue to S.W. 12th Avenue. The service authorization also includes watermain upgrades on S.W. 2na Terrace from S.W. 8th to S.W. 7th Avenue, S.W. 2nd Court from S.W. 8th to S.W. 7th Avenue, and on S.W. 7th Avenue from S.W. 3ra Street to S.W. 2nd Street. Detail design will begin as soon as the general service agreements are approved and signed. Construction of the project is expected to begin in mid-September, 1999. Funding will be from 448-5461-538-63.95 (Stormwater Utility - S.W. 8th Avenue). Recommend approval of Service Authorization #1 with Mathews Consulting, Inc. for the S.W. 8th Avenue Improvements project. S/city clerk/agenda. 5.4.99 .Mathews. SW8thAve Agenda Item No. ~) AGENDA REQUEST Date: 28-Apr-99 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: 21-Ju1-98 Description of item (who, what, where, how much): Approval/Authorization for Mayor to execute Service Authorization ~.,2lwith Mathews Consulting, Inc. This Service Authorization is for design of utility improvements and street resurfacing/reconstruction along the SW 8th Avenue corridor from SW 4th Street to W Atlantic Avenue, and along SW 4th Street from Sw 12 Avenue to SW 8"~ Avenue. The cost of this Service Authorization is $51,189.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization. Department head signature: ~-~~ c[//gT'/.,',~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (~d on all items involving expenditure of funds): Funding available.~E..S/NO Funding alternative~- .(if applicable) Account No. & Description 448-5461-538-63-95 SW 8th Avenue Account Balance $509,345.00 City Manager Review: ApprovedHold Until:f°r agenda: ~NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:\...\projects\99\99-004\official\agenda02.doc ATLANTIC AVENUE 1ST I ST. , S.W. 2ND ~ $.W. 2ND u~ TERR. 5RD ST. Cl. 4TH :::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: AUBURN CIRCLE: NORTH ATLANTIC AVENUE S.W. 2ND TERR. 3RD ST. Z AUBURN CIRCLE NORTH CITY of DELRAY BEACH sw 8TH AVENUE IMPROVEMENTS ENVIRONMENTAL SERVICES DEPARTMENT 99-004 l/ 1 of 1 City Of Delray Beach. Department of Environmental Services MEMORANDUM FROM: Randal L. Krejcarek, P.E., City Engineer DATE: 29-Apr-99 SUBJECT: SW 8th Avenue Improvements Agenda Item General Civil Consulting Service Authorization # ]. Mathews Consulting, Inc. Project #99-004 The attached agenda item is for Commission approval/authorization for Mayor to execute Service Authorization fl draft copy attached, with Mathews Consulting, Inc. This Service Authorization is for design of utility improvements and street resurfacing/reconstruction 8th along the SW Avenue corridor from SW 4th Street to W Atlantic Avenue, and along th th th SW 4 Street from SW 12 Avenue to SW 8 Avenue. This service authorization also includes watermain upgrades on: SW 2nd Terrace from SW 8th Avenue to SW 7th Avenue, SW 2nd Court from SW 8th Avenue to SW 7th Avenue, and SW 7th Avenue from SW 3rd Street to SW 2nd Street. With the approval of this service authorization detail design will be begin as soon as the general services agreements are approved and signed. Construction of this project is anticipated to begin in mid September 1999. The cost of this Service Authorization is $51,189.00. Funding is from account #448-5461-538-63-95. Enc. cc Richard Hasko, P.E., Director of Environmental Services s:L. ~projects~99~gg-OO4~official~agendaO2.rnern CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: S.W. sth Avenue and S.W. 4th Street Infras~;ructure Improvements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The project involves the installation of storm drainage improvements, water main upgrades, and roadway reconstruction and resurfacing within the project area. The scope of this Service Authorization is, but not limited to: preparation of technical specifications and contract drawings, permit applications, construction cost opinion, and bidding assistance services for the following work: 1. Storm Drainage: a. Install approximately 400 linear feet of 18-inch stormwater reinforced concrete pipe (RCP) extension with two (2) catch basins and one (1) stormwater manhole along S.W. 8th Avenue from S.W. Ist Street to just South of Atlantic Avenue. The proposed 18-inch stormwater pipe will be connected to the existing 18-inch stormwater RCP at the intersection of S.W. 8th Avenue and S.W. 1st Street. b. Install approximately 300 linear feet of 18-inch stormwater RCP extension with one (1) catch basin and one (1) stormwater manhole along S.W.8th Avenue from S.W. 3rd Street to S.W. 3rd Court. The proposed 18-inch stormwater pipe will be connected to the existing 18-inch stormwater RCP at the intersection ofS.W. 8th Avenue and S.W. 3rd Street. contractrev 1 .doc04/28/99 1 2. Water Mains: a. Remove approximately 200 linear feet of 4-inch water main on S.W. 4th Street from the intersection of Aubum Avenue and S.W. 4th Street to the alley between Auburn Avenue and S.W. 11th Avenue. Install 200 linear feet of 8-inch water main on S.W. 4th Street. The proposed 8-inch water main will be connected to the existing 6-inch water main on S.W. 4th Street. The end of proposed pipe will be designed with a 90 degree fitting and an 8-inch plug for future connection. b. Remove approximately 350 linear feet of 2-inch water main on S.W. 2nd Court from S.W. 8th Avenue to S.W. 7th Avenue. Remove approximately 350 linear feet of 4-inch water main on S.W. 2nd Terrace from S.W. 8th Avenue to S.W. 7th Avenue. Remove approximately 230 linear feet of 4- inch water main on S.W. 7th Avenue between S.W. 2nd Court and S.W. 2nd Terrace. Install approximately 350 linear feet of 8-inch water main on S.W. 2nd Court, 350 linear feet of 8-inch water main on S.W. 2nd Terrace, and 560 linear feet of 8-inch water main on S.W. 7th Avenue. The proposed 8-inch water mains will be connected to the existing 6-inch water main on S.W. 8th Avenue, the existing 8-inch water main on S.W. 7th Avenue just North of S.W. 3rd Street, and the existing 6-inch water main at the intersection of S.W. 7th Avenue and S.W. 2nd Street. c. Install 8-inch stubouts and plugs (east/west side of road) at all intersections along S.W. 8th Avenue from Atlantic Avenue to S.W. 3rd Street. d. Water service laterals will be single wye consisting of 2-inch polyethylene tubing located at each property line depending on the location of existing meter boxes. The actual locations of the service laterals will be field coordinated between the City's Construction Management staff and Mathews Consulting. 3. Roadway Reconstruction/Resurfacing: a. Roadway reconstruction with curb and gutter ( S.W. 8th Avenue from Atlantic Avenue to S.W. 1st Street). b. Roadway reconstruction with typical swale (S.W. 8th Avenue from S.W. 2nd Street to S.W. 3rd Street; S.W. 2nd Court from S.W. 8th Avenue to S.W.7th Avenue; S.W. 2nd Terrace from S.W. 8th Avenue to S.W. 7th Avenue; S.W. 4th Street from S.W. 8th Avenue to S.W. l0th Avenue). contractrev 1.doc04/28/99 2 c. Roadway resurfacing with typical swale (S.W.8th Avenue from S.W. 1st Street to S.W. 2na Street; S.W. 8th Avenue from S.W.3rd Street to S.W. 4th Street; S.W. 4th Street from S.W. l0th Avenue to Auburn Avenue). II. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary_ Design Phase Not Applicable. Phase III - Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May __, 1999. 1. Consultant shall meet with the City to discuss design assumptions and details and review the preliminary design report titled "Preliminary Surface Water Management Plan" previously prepared by others in March 1999, to verify system requirements. 2. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by City's surveyor using AutoCAD Release 14 format. 3. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. 4. Drawings and specifications (four copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. 5. At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT), and City of Delray Beach. contractrev 1 .doc04/28/99 3 Permit applications shall be completed for SFWMD, PBCHD, FDOT, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. Permitting services provided are limited to 50 hours assuming that the permitting agencies accept the proposed connection to the existing storm sewer system without modeling or analysis of the storm sewer down stream of the proposed stormwater drainage improvements. Engineering services beyond 50 hours to respond to regulatory agencies' requests shall be negotiated as additional work at the approved rate in this Contract. 6. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on 3-1/2" disk. 7. Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Bidding/Negotiation Phase 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 20 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. contractrevl .doc04/28/99 4 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary sewer rehabilitation in the project area. City will determine through TV inspection if any sanitary sewers need to be rehabilitated in project area. Any pipes that need to be excavated will be rehabilitated under additional services. Services performed under this task will be on as- directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant, will advise City in writing of the magnitude of the required adjustments. Change in completion schedule or compensation to Consultant will be negotiated with City. 1. City shall provide Consultant available record drawings of existing facilities in the project area, which shall serve as the basis for modifications included in this project. 2. City shall provide Consultant detail survey of project area. 3. City personnel shall assist in field verification of affected existing City facilities. 4. Consultant can assume that all existing and proposed drainage and water improvements are within the City right-of-way easements. contractrev 1.doc04/28/99 5 5. Consultant can assume that proposed roadway improvements are within the City right-of- way easements. 6, City shall be responsible for acquisition of easements (including temporary). Consultant shall provide legal description and sketches of easements including temporary construction easements of property that may be required for facilities. 7. City shall provide front-end documents and technical specifications on computer disk. 8. City shall pay all permit fees. 9. Contractor shall provide City with final Record Drawings. 10. City shall furnish the services of a geotechnical firm to obtain all soil investigations and test necessary. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). It is anticipated that the project can be constructed within 300 calendar days from NTP. Engineering Services Time per Phase Cumulative Time Phase III 10 weeks 10 weeks Phase IV 6 weeks 16 weeks VI. COMPSENTATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fee~ Phase III - Final Design Phase(j) $ 45,689.00 Phase IV - Bidding Phase $ 3,000.00 Out-of-Pocket Expenses $ 2,500.00 Additional Services $10,000.00 TOTAL PROJECT COST $ 51,189.00(2)'(3) Notes: (1)Permitting services are included in Final Design Phase. (2)Total design services cost does not include the $1 O, O00 for Additional Services (if authorized by the City). (3)Phase III thru Phase IV- Fees are based upon a preliminary construction budget of$511,884.00.. contractrev 1 .doc04/28/99 6 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Date: Jay Alperin, Mayor Rene L. Mathews, P.E., President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of__, 1999 by Rene L. Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement contractrevl .doc04/28/99 7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~f~l SUBJECT: AGENDA ITEM # ~' ~'~' REGULAR MEETING OF MAY 4, 1999 SERVICE AUTHORIZATION #1/CH2M HILL (CLARIFIER & SOFTENER CAPACITY TESTING AT WATER TREATMENT PLANT) DATE: APRIL 30, 1999 This is before the Commission to consider approval of Service Authorization #1 in the amount of $6,808.00 with CH2M Hill for capacity testing of the clarifiers at the Water Treatment Plant. This testing represents the second phase of the plant capacity-upgrading project. The first phase was the evaluation of the filters, where CH2M Hill determined that the filter flow rate could be increased from 3 MGD/filter to 4 MGD/filter with no detrimental effect on the water quality. This Service Authorization #1 is the next step in the process for upgrading the plant capacity without any physical improvements. The clarifier capacity testing will determine the ability to proceed to phase three of the project, which will consist of permitting the additional capacity. Funding will be from 441-5122-536-31.30 (Water Treatment & Storage - Engineering/Architectural). Recommend approval of Service Authorization #1 in the amount of $6,808.00 with CH2M Hill for clarifier and softener capacity testing at the Water Treatment Plant. S/city clerk/agenda.5.4.99.CH2MHILL.CapacityTestingWTP AGENDA REQUEST Agenda Item No. ~' Date: April 29, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 4, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 1 to CH2MHILL for Capacity testing of the Clarifiers at the Water Treatment Plant. This testing is the second phase of the plant capacity-upgrading project. The first phase was the evaluation of the filters. CH2MHILL has completed that study and determined that the filter flow rate can be increased from 3 MGD/filter to 4MGD/filter with no detrimental effect on the water quality. This service authorization is the next step in the process for upgrading the plant capacity without any physical improvements. The Clarifier capacity testing will determine the ability to proceed to phase 3 of the project, which will consist of permitting the additional capacity. The total amount of Service Authorization No. 1 is $6,808.00 and fundinq is available from Account Number. 441-5122-536-31.30 Enqineering & Architectural. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recom~=T~s approval of /S~vice Authorization No. 1 for CH2MHILL in the amounl o~$6,80 .~~ ~00~~ ~ !? Department head signature: '~ ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: YE~_~NO Funding alternatives (if applicable) Account No. & Description Account Balance ~ /~/, ~3~' City Manager Review: ApprovedHold Untilf°r: agenda: ~NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di s app roved u: \My Documents\ch2mhill. agn. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.~ Deputy Director,-O'f I=b'b-lic Utilities DATE: April 29, 1999 SUBJECT: Clarifier/Softener Capacity Testing Attached is an Agenda Request and Service Authorization No. 1 to CH2MHILL for Capacity testing of the Clarifiers at the Water Treatment Plant. This testing is the second phase of the plant capacity-upgrading project. The first phase was the evaluation of the filters. CH2MHILL has completed that study and determined that the filter flow rate can be increased from 3 MGD/filter to 4MGD/filter with no detrimental effect on the water quality. This service authorization is the next step in the process for upgrading the plant capacity without any physical improvements. The Clarifier capacity testing will determine the ability to proceed to phase 3 of the project, which will consist of permitting the additional capacity. The total amount of Service Authorization No. 1 is $6,808.00 and funding is available from Account Number. 441-5122-536-31.30 Engineering & Architectural. Please place this item on the May 4, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Assistant Construction Manager Allison MacGregor Harry, City Clerk Don Haley, Water Treatment Plant Manager \\ESSRV002\BEATTY~My Documents\ch2mhill.mem.doc Service Authorization No. 1 to the Agreement to Furnish Profession~Services Dated ., 1999, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. No. City Expense Code: City P.N.: Title: Water Treatment Plant Softener Testing Services Category of Work: Professional Engineering Services - Study/Design Introduction As part of an ongoing rerating effort of the City of Delray Beach's (CITY) Water Treatment Plant (WTP), additional testing of softening units capacities is required. The WTP is currently rated for 22.5 million gallons per day (mgd) which is based on the capacity of the filters. Recent tests have shown that the filters can satisfactorily accommodate higher loading rates. A second rate-limiting process is the softening unit, which are currently rated for 27.2 mgd. The City is interested is testing the softening units at higher loading rates to determine if a petition to rerate is warranted. This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. This SERVICE AUTHORIZATION is for providing engineering services for testing of the softening units at the WTP. Scope of Services The CONSULTANT will provide specific services to the CITY in accordance with the following task descriptions. Task 1 - Conduct Test Program The CONSULTANT will develop a field testing program which will define water quality parameters for analysis, identify sample location points, the frequency of sampling and develop the data collection forms. The CONSULANT will advise the CITY of the need for temporary monitoring equipment for the evaluation. The CONSULTANT will coordinate the testing protocol with the Palm Beach County Public Health Unit (PBCHU) to assure that the appropriate parameters are monitored. DFB/981040007/SET561.00C 1 It is anticipated that the test program will be conducted for a maximum of 160 consecutive days. The CONSULTANT will conduct an initial kickoff meeting with the CITY staff and be present onsite one (1) time at the start of the test. The CONSULTANT will evaluate the data collected by the CITY ~t'~r one week to confirm that the data is being collected correctly. After evaluating the one-week data the CONSULTANT will inform the CITY whether the data collection is acceptable or request changes to the protocol. No further evaluation of data by the CONSULTANT will be performed until completion of the study. Task 2 - Evaluation of Test Data and Report Preparation Following completion of the softening testing program, the CONSULTANT will compile and evaluate the test data collected by the CITY and prepare a summary letter report of the findings. Five copies of the draft report will be submitted to the CITY for review. A review meeting be conducted with the C1TY to discuss the results and any comments the crrY may have. The CONSULTANT will incorporate the C1TY's review comments and submit 5 copies of the final letter report to the CITY. Schedule CH2M HILL will commence work on the Scope of Services upon receipt of a fully executed copy of this Specific Authorization from the City, which will serve as the notice to proceed. It is estimated that the complete services described herein will be completed within 30 days from the completion of the softener testing program. Assumptions The following assumptions were used to develop the scope of work and fee and will be considered part of this SERVICE ALrI~ORIZATION. Up to four meetings, including the site kickoff meeting and a meeting to discuss the final summary letter report, are included in these scope of services. · The C1TY shall collect all data and samples, and arrange and pay for analytical testing of the samples tested. · The C1TY will provide all collected data to the CONSULTANT in an electronic Excel- based spreadsheet format. · The CITY shall lease and install temporary test instruments for use. · The CITY will be responsible for adhering to the sampling protocol/schedule. · The CITY shall collect softener test data in a format agreed to by both the CITY and the CONSULTANT, and shall perform laboratory water quality testing. DFB/981040007/SET561.DOC 2 Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $6,808. Compensation for services shall be in accordi~nce with Article VII.A.2 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. This service authorization is approved contingent upon the crrY's acceptance of and satisfaction with the completion Of the services rendered in the previous phase or as encompassed by the previous se/vice authorization. If the crrY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the C1TY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Seal) Date: Thomas McCormick, P.G. (date) Vice President and Area Manager Jay Alpem Witness Mayor Wiiness Attest: STATE OF FLORIDA COUNTY OF BROWARD Approved as to Legal Suffidency and Form The foregoing instrument was acknowledged before me this . day of ,1999, by Thomas McCormick, Vice President and Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and (ffid/ffid no0 take an oath. Bobbie Willcox Notary Public State of Florida (Seal) DF'B/981040007/SET561.DOC 3 Exhibit A Softener Performance Stud}, Estimated Labor Hours Cost per Task No~ Project Cate~lor~ Hour I ~'4 Totals Vice President/Senior Consultant $115 $0 Senior Manager/Senior Consultant $105 $0 Program Manager/Technical Consultant $98 2 2 $392 Senior Project Manager/Technical $86 $0 Senior Project Professional .. $77 14 8 $1,694 Project Professional II $68 $0 Project Professional I $58 30 24 $3,132 Lead Technician Supervisor $69 $0 Senior Technician $57 $0 Certified Technician (Designer) $52 $0 Technician (Drafter) $47 $0 Junior Technician $42 $0 Technical Aide $38 $0 Office Support $38 10 8 $684 Labor Subtotal $3,394 $2,508 $5,902 Reimbursable Expenses Transportation $78 $65 $143 Lodging $0 Communication Charge $84 $63 $147 Reproductions/Specs/Drawings $100 $100 Postage and Handling $25 $25 $50 Field Equipment $0 Computer $280 $186 $466 Auto Travel/Mileage (outside PBC) $0 Subcontractors (plus 10%) $0 Expenses Subtotal $467 $439 $906 Project Total $3,861 $2,947 $6,808 DFBsoftenerbudgettable2.XLS £1TY OF DELAI:IY BEACH CiTY ATTORNEY'S OFFICE ,00 mw TELEPHONE 561/243-7_0.90 · FACSIMILE 561/278-4755 writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM ]~ll;~llll! DATE: April28, 1999 ]993 TO: City Commission FROM: Jay T. Jambeck, Assistant City Attorne~ SUBJECT: Wayne Brown v. City The City has received a formal proposal for settlement in the case of Wayne Brown and GEICO General Insurance Co. v. City of Delray Beach in the amount of $4,999.00. Our office has negotiated instead a settlement in the amount of $2,994.00. This case arose out of an incident on December 5, 1995, which occurred at the intersection of West Linton and Old Dixie Highway. On that day, a City police officer was engaged in directing traffic because the FEC railroad crossing gates had malfunctioned and were stuck in the down position. After arriving at the scene, the officer stopped traffic in all directions. The traffic lights continued to operate normally. He then proceeded to manually lift the crossing gate to allow traffic on Linton to proceed Westbound. Unbeknownst to the officer, the vehicle in the right lane of Northbound Old Dixie made a right hand turn, freeing up that lane. Brown's vehicle, some distance behind the original vehicle, proceeded through the green light and subsequently collided with a vehicle that the officer had directed to proceed through the intersection. At this time, the City Attorney's office has determined the City's chances of prevailing in this suit to be 50/50. The City Attorney's office recommends that the City reject the proposal for settlement and accept the negotiated settlement amount of $2,994.00. Do not hesitate to contact me if you should have any questions. Please place this item on the agenda for the May 4, 1999 City Commission meeting. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk IN THE COUNTY COURT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: SC-99-154-RD WAYNE BROWN, individually, and GEICO GENERAL INSURANCE COMPANY, as Subrogee of Wayne Brown, Plaintiffs, VS. CITY OF DELRAY BEACH, Defendant. / PROPOSAL FOR SETTLEMENT Plaintiff(s), WAYNE BROWN, individually and GEICO GENERAL INSURANCE COMPANY (GEICO), as Subrogee of Wayne Brown, by and through the undersigned attor~eys hereby makes a Proposal for Settlement to the Defendant(s), City of Delray Beach, as follows: 1. This Proposal for Settlement is being made pursuant to Florida Rule of Civil Procedure 1.442 and Florida Statutes, Section 768.79. 2. This Proposal for Settlement is being made by Plaintiff(s), WAYNE BROWN, individually and GEICO GENERAL INSURANCE COMPANY (GEICO), as Subrogee of Wayne Brown, to the Defendant(s), City of Delray Beach. 3. This Proposal for Settlement is to resolve all claims of the aforementioned Plaintiff(s) alleged in this case against Defendant(s). 4. Acceptance of this Proposal of Settlement precludes acceptance of any other Proposals for Settlement or Offers of Judgments or Settlement from Defendant pursuant to provisions of the Florida Statutes and the Florida Rules of Civil Procedure. The Defendant shall have thirty (30) days in which to accept this Proposal for Settlement or Plaintiff shall demand reasonable costs and attorney's fees and investigative expenses under and pursuant to the above statutes and rules. If applicable, Plaintiff shall resolve all liens created by statute or ordinance, including hospital liens, workmen's compensation liens and medicare/medicaid liens which Defendant is required to protect by agreeing to the issuance by Defendant of separate drafts from the proceeds of the aforementioned Proposal for Settlement to said lienholders in satisfaction of said liens, the amount of each such draft to be negotiated by Plaintiff with each lienholder. 5. This Proposal for Settlement to the Defendant(s) is made for the total amount of FOUR THOUSAND NINE HUNDRED NINETY NINE DOLLARS, ($4,999.00), which is inclusive of Plaintiff's taxable costs and attorney's fees. 6. This Proposal for Settlement to Defendant(s) is for any and all claims of the Plaintiff against Defendant alleged in this lawsuit, including any and all claims for attorney's fees and costs. The total amount to be paid by or on behalf of Defendant is that amount set forth in paragraph 5 above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. mail to Catherine Kozol, Esq., City o~ Beach, 300 West Atlantic Avenue, Delray Beach, Florida 33444 on this _..,iii_ day of~ ', 1999. [ 'd"~' LAW OFFICE OF MARIA E. TRENZADO Museum Tower, Suite 1650 ~ 150 West Flagler Street Miami, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # o[/.' REGULAR MEETING OF MAY 4, 1999 PALM BEACH COUNTY LEAGUE OF CITIES COMMITTEE APPOINTMENTS DATE: APRIL 30, 1999 Attached is correspondence from the PBC League of Cities seeking interested elected officials or otherwise qualified persons to serve as the League's representatives on several key boards and committees countywide. The current position openings are listed on the attached sheet. At the time the agenda was complete on Friday, Mr. Titcomb had advised that he would not have the particulars on the various positions (i.e. dates, time, meeting locations) until some time next week. We will try to get this information before Tuesday's meeting. This item is presented for your consideration. If the Mayor or Commissioners wish to express an interest in serving in some capacity, staff will prepare appropriate letters of interest to be submitted to the League of Cities for consideration. S/city clerk/agenda. 5.4.99.PBCLeague. Appts RECEIVED APE 2 6 1999 CITY MANAGER Palm l euch Couflt I[AGII[ III CllI[S, I C. F~©. BO× 1989, GOVERNMENTAL CENTER. WEST PALM BEACH. FLORIDA $3402 (561) 355-4484 FAX: (561) 355-$545 vvww. tallen@oo,palm-beach.fl.us April 26, 1999 Dear City Managers, City Clerks & Elected Officials, The Palm Beach County Leagne of Cities is seeking interested Elected officials and or otherwise qualified persons to serve as our representatives on several key boards m~d committees cotmtywide. We would appreciate your help in identifying and forwarding infomxation on people within your orgarfization whom have mmh an interest. Cm-rently there m'e openings as follows: Position Board/C'ommirt.¢e Alternate PBC Citizen's Task Force/bt Plmmi.ng & Zoning Issues Regula~ IPARC Intergovernmental Executive Committee Regulm' IPARC Fire Rescue sub-committee Regular Treasure Coast Regional Planning Council Regular Treasttre Coast Regional Plannh~g Council We've also attached a grid of other committee appointments made in the last year by the League. Some of these seats are reviewed am~ually, some m-e perpetual and some m'e vacated as officials leave elected office. If yon know of other seats available, have interest in a pm~icular position when it comes up for reassignment, or have general comments and input to the process please contact the League office at 355-4484 or Fax back to 355-6545. Tha.nk Jamie~comb Interim Executive Director attachment CI~ MANAGER 1.998/1999 LEAGUE COMMITTEE APPOINTMENTS DATE OF ('.OBI M I'I"I'E~; APPOINTEE 4/1/98 Juvenile Justice Council Councilma~ jack Ca, enter. L~t~a (re~lm3 Mayor Margot Robe~ls. South Palm Beach (alternate) 5/13/99 Vehicle for Hire Task Force Ruby Childers 6/10/98 ~C Executive Committee Mayor Margot Robe,s. South Palm Beach 6/10/98 Non-medical Tr~lspo~ Task Commander C.R. Brown. Palm Beach G~dens Force 12/9/98 Treas~e Coast Regional Mayor Canine P~ore, Wellington (regulm3 PImming Council (TC~C) Mayor Sam Fe~en, ~eenacres (alternate) Commissionm' Paul Castro. Lake Park (alternate) 1/13/99 TC~C Regular appoin~nent Comicihnm~ Steven Abr~ns, Boca Raton l/13/99 IPARC Executive Committee Commissioner JeffKoons. West Pahn Beach (alternate) 1/13/99 World Trade Center Council Chai~erson Marilyn Moffitt. Riviera Beach 2/10/99 PBC Ai~oxt Noise Conm~ittee Commissioner Jeff Koons, West Pahn Beach ?24/99 PBC Pl~ing & Zoning Vice Mayor Paul Admns. Wellington Citizm~'s Task Force - Regular Appointment 3/24/99 PBC CJC Commission Earl Moore 3/24/99 FLC Board of Directors Deputy Mayor ~chard Radcliffe, Greenacres Mayor Cl~ence ~thony. South Bay TO: DAVID T. HARDEN, CITY MANAGER THRU: PA_UL~DORLING, ACTING DIRECTOR OF PLANNING AND ZONING FROM: CLAIRE LYTE-GI~M, PLANNER~ SUBJECT: MEETING OF MAY 4, 1999 REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 150' SOUTH OF TROPIC ISLE DRIVE. BACKGROUND The action requested of the City Commission is that of approval on first reading of an ordinance rezoning the south % of a .60 acre lot located on the east side of S. Federal Highway, approximately 150' south of Tropic Isle Drive. The subject property was originally platted as part of Tropic Isle Harbor Shopping Center Subdivision in 1957. In the 1980s portions of Tropic Isle Harbor Shopping Center Subdivision were replatted as a part of Pelican Harbor Phase IV (now Pelican Pointe Condominiums), Pelican Harbor North No. 2 (now Boca Isle Condo), and Pelican Harbor Shoppes. The remaining Tropic Isle Harbor Shopping Center Subdivision parcel (subject property) was developed in 1960 with a one story commercial building (Keeler's Draperies, 3415 S. Federal Highway) and an associated parking lot. The north % of the subject property is zoned GC (General Commercial). Due to a mapping error, the south % of this lot was incorrectly labeled RM (Multiple Family Residential-Medium Density), and is being rezoned to GC to be consistent with the north % and the established commercial use. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. I : PLANNING AND ZONING BOARD CONSIDERATION ! At its meeting of April 19, 1999 the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. Public testimony was taken from Mr. Norman Maslow (PROD-Progressive Residents of Delray), who questioned the zoning boundary lines and property lines. After closing the public hearing, the Board unanimously recommended approval of the rezoning on a 5-0 vote (Robin Bird and Alberta McCarthy absent). By motion, approve on first reading the ordinance rezoning the parcel from RM (Multiple Family Residential) to GC (General Commercial), and setting a public hearing date of May 18, 1999. Attachments: . P & Z Staff Report of April 19, 1999 ~ · Ordinance 16-99, by Others ~~. /'~ ORDINANCE NO. 16-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE SOUTH HALF OF THE KEELER'S DRAPERIES PROPERTY AT 3415 SOUTH FEDERAL HIGHWAY, LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 150 FEET SOUTH OF TROPIC ISLE DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned RM (Multiple Family Residential) District; and WHEREAS, at its meeting of April 19, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: A parcel of land lying in Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Lots 69 thru 72 inclusive, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The area of land labeled as "Service Alley" and "10' Walk", lying adjacent to the west lot line of Lot 72, and the south lot lines of Lots 69, 70, 71, and 72, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at a point at the northwest comer of said Lot 72; thence in a westerly direction, along the westerly projection of the north line of said Lot 72, to a point of intersection with the east right-of-way line of U.S. Highway No. 1 (Federal Highway); thence in a southerly direction, along said right-of-way line, to a point of intersection with the southern plat limit of said Plat of Tropic Isle Harbor Shopping Center, also being the south line of the NE ¼ of the NE ¼ of the NE ¼ of said Section 32; thence in an easterly direction, along said south plat limit line, to a point of intersection with the southerly projection of the east lot line of said Lot 69; thence in a northerly direction along said southerly projection, to a point at the southeast comer of said Lot 69; thence in a westerly direction, along the south lot lines of said Lots 69, 70, 71, and 72, to a point at the southwest comer of Lot 72; thence in a northerly direction along the west lot line of Lot 72, to a point at the northwest comer of Lot 72, being the point of beginning. The subject property is located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive; containing 0.6 acre, more or less. Section 2. That the Planning Director of said City shall upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and f'mal reading on this the day of ., 1999. MAYOR ATTEST: City Clerk First Reading Second Reading ! [ '~<q\¢Os%g'J¢ DEL RAY CURLEW RDAD ¢ ~.¢.,. LA-MAX AV[NUE DELRA Y TO YO TA ;ARDENIA DR~ MORSE SATURN ,' / ~ ~YAOINT~ DRI~ 'EASTWEW ', MOBILE PLAZA WLLAGE : HOMES DELRA Y ~O~IN~ TROPIC JASMINE DRI~ MOBILE CENTER VIE W HOMES LINDELL A~NUE L CANAL ~OINT ~ ~ PELICAN HARBOR ~CA ISLE THE , ~HOPPES~ ~ONDO TROmI~ ISLE DR. PELICAN POINTE CONDO TY LIMITs~t CITY OF C~ BOCA RATON CANAL C-15 ~ilHIIrI~IIHIIII~IJ~IIIIIII N - CORRECTIVE REZONING - CiTY Or DELRAY BEACH. FL FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSFP'O TO: GO (GENERAL COMMERCIAL) PLANNING A' ZONING D~:~ARTMEN'f -- DIGIT,4L ~,45,~ M/~P E~T£M -- MA~ REF: LM335 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 19, 1999 AGENDA ITEM: IV.B. ITEM: City Initiated Corrective Rezoning From RM (Multiple Family Residential-Medium Density) to GC (General Commercial) For a Parcel of Land Located on the East Side of South Federal Highway (U.S. 1), Approximately 150 ft. South of Tropic Isle Drive. GENERAL DATA: Owner ..................................... Elizabeth Foster Applicant ................................. David T. Harden, City Manager Location .................................. East side of Federal Highway (U.S. 1), approximately 150 ft. south of Tropic Isle Drive. Property Size .......................... 0.6 Acre Land Use Map Designation .... General Commercial Existing City Zoning ................ RM (Multiple Family Residential- Medium Density) Proposed City Zoning ............. GC (General Commercial) Adjacent Zoning ............ North: GC East: RM South: PRD (Planned Residential) West: PC (Planned Commercial) Existing Land Use .................. Portion of Tropic Isle Harbor Shopping Center Proposed Land Use ................ Corrective Rezoning of the parcel to a more appropriate zoning designation Water Service ......................... N/A Sewer Service ......................... N/A The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for a property located at the southeast corner of S. Federal Highway and Tropic Isle Drive, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The proposal involves the south % of a lot located at the southeast corner of S. Federal Highway and Tropic Isle Drive (the entire lot consists of approximately .60 acre). The subject property was originally platted as part of Tropic Isle Harbor Shopping Center Subdivision in 1957. In the 1980s portions of Tropic Isle Harbor Shopping Center Subdivision were replatted as a part of Pelican Harbor Phase IV (now Pelican Pointe Condominiums), Pelican Harbor North No. 2 (now Boca Isle Condo), and Pelican Harbor Shoppes. The remaining Tropic Isle Harbor Shopping Center Subdivision parcel (subject property) was developed in 1960 with a one story commercial building (Keeler's Draperies, 3415 $. Federal Highway) and an associated parking lot. At the time the site was developed the property was zoned C- 1 (General Commercial). The property was rezoned to RM-20 in 1972. Since 1972 the property had various multi-family zoning designations until 1990, when the property was rezoned from RM- 10 to GC in part (north %) and RM in part (south %), with the Citywide rezoning and adoption of the Land Development Regulations. The north % of the subject property is zoned GC (General Commercial). Due to a mapping error, the south % of this lot was incorrectly labeled P,M (Multiple Family Residential-Medium Density), and must be rezoned to GC to be consistent with the north % and associated commercial use. The south % of the lot was also incorrectly labeled with respect to the Future Land Use Map, with an assigned classification of MD (Medium Density Residential). This error was corrected on the FLUM in 1997 with the establishment of the digital mapping system, and the FLUM designation was changed from MD to GC (General Commercial). The northwest comer of Pelican Pointe Condominiums directly east is incorrectly identified as GC on the zoning map and must be classified as RM to be consistent with the overall RM zoning designation of Pelican Point Condominiums. The zoning error for Pelican Point can be corrected administratively on the City Zoning Map, as the vast majority of the property is zoned RM. VVhere a zoning district boundary P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 2 divides a lot, the zoning designation on the greater portion shall apply to the entire parcel. The zoning split on Keeler Draperies properties is too close to call and is therefore being handled through a corrective rezoning. The request now before the Board is the corrective rezoning of the south ~ of the Keeler Draperies property from RM (Multiple Family Residential-Medium Density) to GC (General Commercial). REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The FLUM (Future Land Use Map) designation for the subject property is GC (General Commercial). The property is currently zoned RM and the existing use is commercial. Thus, the zoning is inconsistent. The requested zoning change from RM to GC is corrective, and will result in consistency with respect to the existing commercial use on the property, and GC FLUM designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed rezoning is corrective, and no new development or redevelopment is proposed with this request. Based upon the above, the rezoning will not impact facilities as they pertain to water and sewer, drainage, traffic, parks or recreation, or solid waste. P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 3 Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and E are not applicable. The applicable performance standards of Section 3.3.2 are as follows: C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Keeler's Draperies is surrounded by the following zoning districts and land uses: to the north and west are Pelican Harbor Shoppes and vacant land on properties zoned PC (Planned Commercial); south is vacant land on property zoned PRD (Planned Residential); and, east is Pelican Pointe Condominiums on property zoned RM (Multiple Family Residential-Medium Density). The rezoning of the south % of the lot is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property, and the associated land use. This use has been at this location since 1960 and no new development is proposed. Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.t.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 4 b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "a". This corrective rezoning will result in the assigning of appropriate classification for the existing use, as well as consistency with respect to zoning designation for the entire parcel, and the underlying GC FLUM designation. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The subject property is developed and no additional improvements are proposed with this request. The subject property is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: E3 Tropic Isle Homeowners Association rq Tropic Harbor Condominiums I~ Pelican Harbor Homeowners Association n Pelican Pointe Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 5 The rezoning of the subject property is corrective and will result in consistent zoning identification of the overall lot and associated land use. The proposed GC zoning designation is consistent with the GC classification of the north ~ of the parcel, with the underlying GC FLUM designation, and the existing commercial use. The commercial use on the property has existed at this site for many years and the surrounding properties will not be affected by the zoning change. No new redevelopment or redevelopment is anticipated with this request. A. Continue with direction. B. Recommend to the City Commission approval of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, based upon positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(a) of the Land Development Regulations, that the zoning had been established in error. C. Recommend to the City Commission denial of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, with basis stated. Recommend to the City Commission approval of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, based upon positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(a) of the Land Development Regulations, that the zoning had been established in error. Attachments: Q Location Map Q Existing Zoning Map DUMAR MOBILE PLAZA EASTVlEW HOMES VILLAGE PC C SHERWOOD HONDA DELRA Y SHOPPING ~INE DRWE MOBILE CENTER HOMES L '~ VARD / NUE L J CANAL ~ BOCA ISLE THE ~" , ,__ CONDO TRO~IC ISLE DR. PELICAN POINTE CONDO ~ .~' o CITY OF BOCA RATON J CANAL C-i5 ~ - CORRECTIVE REZONING - City Or DELRAY BEACh, FL FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: GC (GENERAL COMMERCIAL) PLANNING A, ZONING DEPARTMENT