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12-08-98 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING DECEMBER 8, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS 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 at 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, individuals 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: 6. Proclamations: None 7. Presentations: A. Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting presented to the City of Delray Beach for its Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1997 B. 7th Annual Site Plan Review and Appearance Board Award Recognition Program 8. Consent Agenda: City Manager recommends approval. A. WATER SERVICE AGREEMENT FOR THE ENCLAVE: Approve a water service agreement for The Enclave, a proposed 224 unit multiple family development to be located on the south side of West Atlantic Avenue, approximately 2,000 feet west of Military Trail within unincorporated Palm Beach County, subject to conditions. B. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $18,601.79 for two (2) income eligible applicants under the Delray Beach Renaissance Program, with funding in the amount of $10,251.79 from 118-1923-554-83.01 (HOME) and $8,350.00 from 118-1924-554- 83.01 (SHIP). C. SERVICE AUTHORIZATION #3/ECKLER ENGINEERING (REHABILITATION OF LIFT STATIONS 13, 24 & 26): Approve Service Authorization #3 in the amount of $31,000.00 with Eckler Engineering for consulting services related to the rehabilitation of lift stations 13, 24 and 26, with funding from 442-5178-536-61.83 (W&S Renewal & Replacement/Lift Station Rehabilition). Regular Commission Meeting December 8, 1998 D. AMENDMENT #2 TO SERVICE AUTHORIZATION ~I/CH2M HILL (AQUIFER STORAGE & RECOVERY PROJECT): Approve Amendment #2 to Service Authorization #1 with CH2M Hill in the amount of $56,599.00 for additional engineering and consulting services related to the aquifer storage and recovery project, with funding from 441-5181-536-69.18 (W&S Transmission/Storage - Aquifer Storage and Recovery). E. CONTRACT ADDITION (C.O. #I)/TRIO DEVELOPMENT CORPORATION (S.E. 2ND AVENUE LIMEROCK BASE PREPARATION): Approve a contract addition (C.O. #1) in the amount of $19,575.50 with Trio Development Corporation under the Rehabilitation of Lift Stations 16 & 3lA contract to include pavement removal, grading and limerock base construction of S.E. 2nd Avenue between S.E. 1st and 2nd Streets, with funding in the amount of $2,975.50 from 442-5178-536-63.50 (W&S R&R/Water Main-SE 2nd Avenue) and $16,600.00 from 448-5461-538-63.93 (Stormwater Utility/SE 2nd Avenue). F. CONTRACT ADDITION (C.O. ~2)/JAM ROCK, INC. (SIDEWALK ON LAKE IDA ROAD FROM DAVIS ROAD TO CORAL WAY): Approve a contract addition (C.O. #2) in the amount of $8,881.50 and a time extension of seven (7) calendar days with Jam Rock, Inc. under the Southwest Area Sidewalk Improvements contract to include the construction of a sidewalk along the south right-of-way line of Lake Ida Road between Davis Road and Coral Way, with funding from 334-3162-541-63.11 (General Construction Fund - Bikepaths/Sidewalks). G. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (MILLER PARK NORTH FIELD RECONSTRUCTION): Approve closeout Change Order #1 in the amount of $1,940.00 and final payment in the amount of $7,566.50 to Marine Engineering Contractors, Inc. for completion of the Miller Park Reconstruction of North Field project, with funding from 334-4173-572-63.73 (General Construction Fund - Miller Field Grading). H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 30th through December 4, 1998. I. AWARD OF BIDS AND CONTRACTS: 1. Bid award for group health insurance benefits to Florida Municipal Insurance Trust for the policy period March 1, 1999 to February 28, 2001 (2-year contract), at a total projected annual cost of $1,937,306; together with approval to extend the current United HealthCare contract for one month from February 1, 1999 to March 1, 1999, to allow sufficient time for the enrollment process. -3- Regular Commission Meeting December 8, 1998 2. Purchase award in the total amount of $25,336.80 to Club Car, Inc. for five (5) Carryall II golf utility carts to replace existing carts that are 9-15 years old, with funding from 445-4761-572-64.90 (Municipal Golf Course - Other Machinery & Equipment). 3. Bid award in the estimated annual amount of $55,881.35 to Harrison Uniform Company for the purchase of uniforms for the Police Department, with funding from various divisions' line item 52.22 (Uniform/Linen Services). 4. Funding approval in the total amount of $78,850 for 6-month contracts with two contract employees in the MIS Division as follows: $43,150 to Comtex Information DBA Norrel Information for the position of Senior Programmer/ Analyst and $35,700 to RHO Consulting for the position of Network Engineer, with funding from 001-1811-513-31.90 (MIS/Other Professional Services) through budget transfer. 5. Grant award through the HOME Investment Partnership program in the amount of $11,807.25 to Henry Haywood for the rehabilitation of a single family housing unit at 926 S.W. llth Terrace, with funding from the 1997 unencumbered balance of 118-1923-554-49.19 (HOME/Housing Rehabilitation). 9. Regular Agenda: A. BONUS PAYMENT/BJCE, INC.: Consider approval of a bonus payment per terms of the contract with BJCE, Inc. for golf course operations in the amount of $18,000 and an additional award of $3,000 for tennis center operations, for a potential total bonus payment of $21,000; with funding in the amount of $13,000 from 445-4711-572-34.90 (Municipal Golf Course/Other Contractual Services), $5,000 from 446-4711-572-34.90 (Lakeview Golf Course), and $3,000 from 001-4124-572-34.90 (Tennis Center). B. PARKING CONSULTANT AGREEMENT/RICH AND ASSOCIATES, INC.: Consider approval of a parking consultant agreement in an amount not to exceed $15,635 with Rich and Associates, Inc. to complete a feasibility study for a parking garage east of the Intracoastal Waterway, with funding from 001-1802-512-31.90 (Other Professional Services). C. SPECIAL EVENT REQUEST/FOTOFUSION '99: Consider a request for special event approval for Fotofusion '99 to be held January 19-23, 1999, including sign preparation, staff support for banner hanging, waiver of rental fees and signage costs, and a temporary use permit to allow the use of City right-of-way on N.E. 2nd Avenue. -4- Regular Commission Meeting December 8, 1998 D. SPECIAL EVENT REQUEST/10th ANNUAL DOWNTOWN ART FESTIVAL: Consider a request from Howard Alan Events, Ltd. for special event approval for the 10th Annual Downtown Art Festival to be held January 9-10, 1999. E. SETTLEMENT/HOLLIS V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. 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. From the Public. 12. First Readings: A. ORDINANCE NO. 52-98: An ordinance amending Chapter 52, "Water", Section 52.39(H), "Fee for Maintenance of Improvements within Right-of-Way", of the City Code to provide for an increased fee to cover the actual cost of water consumption. If passed, a public hearing will be scheduled for January 5, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -5- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - DECEMBER 8, 1998 - 6:00 P.M. PUBLIC HEARING - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA HAS BEEN AMENDED BY ADDING THE FOLLOWING: 7. Presentations: C. Sunset Entertainment Group Inc., presents Willie Tyler and his loveable sidekick Lester. 9. Regular Agenda: F. CONTRACT AWARD TO DELTA PETROLEUM AND INDUSTRIAL, INC./MUNICIPAL GOLF COURSE AND POLICE DEPARTMENT FUEL TANK SITES: Consider a contract award to Delta Petroleum and Industrial, Inc. in the amount of $53,733.00 to meet Palm Beach County Department of Environmental Resources Management requirements for fuel tank sites at the Municipal Golf Course and Police Station. Funding is available in account 445-4761-572-63.90 ($27,483) and account 334-6112-519-62.10 ($26,250). TO: DAVID T. HARDEN, CITY MANAGER FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER'~~ SUBJECT: MEETING OF DECEMBER 8, 1998 SITE PLAN REVIEW AND APPEARANCE BOARD AWARD RECOGNITION PROGRAM This year is the 7th annual Site Plan Review and Appearance Board (SPRAB) Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those which were approved by the Board, and received a Certificate of Occupancy during the previous fiscal year (October 1, 1997 - September 30, 1998). The Award Recognition Program will be conducted by Conrad Sittler, Chairman of the Site Plan Review and Appearance Board. The presentation will include a slide show with commentary. Mr. Sittler will present a framed certificate to each of this year's recipients for their outstanding contribution to the City of Delray Beach. This year's design categories and recipients are: NEW COMMERCIAL DEVELOPMENT Delray Beach Marriott- 10 N. Ocean Boulevard · Thomas T. McMurrain, Ocean Properties, LTD (Owner/Developer) · North South Construction Corporation (Architect) · Debra Turner Oster, Jerry Turner and Associates of Florida, Inc. (Landscape Architects) NEW INDUSTRIAL DEVELOPMENT Noland Company- 251 N. Congress Avenue · Lloyd U. Noland, Jr., C.E.O., Noland Properties, Inc. (Owner) · Larry Kramer, South East Architect Services, Inc. (Architect) · Michael J. Petrow, Michael J. Petrow and Associates, Inc. (Landscape Architect) MULTI-FAMILY RESIDENTIAL DEVELOPMENT Coralina Courtyard Villas - 1017 Coralina Lane · Cary Glickstein, Ironwood Properties, Inc. (Developer) · Rustem Kupi, P.A. (Architect) · Debra Turner Oster, Jerry Turner and Associates of Florida, Inc. (Landscape Architects) COMMERCIAL REDEVELOPMENT Milagro Children's Center - 101 S.E. 2nd Avenue · Dharma Foundation (Owner) · John Szerdi, John W. Szerdi and Associates(Architect) City Commission Documentation Meeting of December 8, 1998 Site Plan Review and Appearance Board Award Recognition Program Page 2 BEST IMPROVEMENT Lake Ida Plaza - 600 N. Congress Avenue · Dan Navilio, MDN Lake Ida, Inc. (Owner) · Jeff Smith, JMS Design, Inc. (Architect) COMMERCIAL FA(;;ADE RENOVATIONS Rosner Shoppes - 1126-1130 E. Atlantic Avenue · Charles Rosner (Owner) · Mark Marsh, Digby Bridges, Marsh and Associates, Inc. (Architect) SlGNAGE Erny's Restaurant- 1010 E. Atlantic Avenue · Bill Resnick & Geary Cotton, EDRB, Inc. (Owners) · Brian Thomas, Bright Image Signs, Inc. (Sign Contractor) Attachment: Location Map CITY OF DI:::LRAY BEACH, FL i . ,r'-'~ i ~ ~ ~ _ · .................................... LEGEND: CI~ LIMITS NEW COMMERCIAL DEVELOPMENT COMMERCIAL REDEVELOPMENT 1. - DELRAY B~CH MARRIO~ 4. - MI~GRO CHILDREN'S CENTER NEW INDUSTRIAL D~ELOPMENT BEST IMPROVEMENT J M~LE J 2. -- NO.ND COMPANY 5. - ~KE IDA SCALE MULTI-FAMILY RESIDENTIAL D~LOPMENT COMMERCIAL FACADE RENOVATIONS 5. - CO~LINA COUR~ARD VIL~S 6. - ROSNER SHOPPES N I ~ 7. - ~RESTAURANT CI~ OF DEL~Y B~CH, rL P~NNING ~ ZONING O[P~TMENT 1.2/88/1998 18:45 5612788555 DB CHAHBER COHHERCE PAGE 82 Sunset Elitertairmient Group Inc. 1420 N. Swinton Avenue Delray Beach, FL 33444 (561) 276-8085 (561) 276-8740 Facsimile Contact: Stephanie Murphy (561) 392-1453; FAX (561)447-9019 BREAKING NEWS PHOTO OP: 4 PM TODAY, Tuesday, Dec. 8! Sunset Entertainment arranges unique entertainment for kids at Pompey Park Shhhhh!. Additional surprise awaits Delray Beac~ C~_i~ Council DELRAY BEACH -- Willie Tyler, nationally acclaimed ventriloquist and actor, is bring~dg his lovable sidekick Lester to entertain children in a free concert today at Pompey Park. The fun ge'is under way Tuesday, Dec. 8 at 4 PM. Tyler and Lester are in town this week for Sunset Entertainment Group's "Legends of Laughter" show at Coral Springs City Centre. Sunset President Joseph E. Ferret arranged today's one-hour snow to give area children a first-hand experience with Tyler's inspired and adorable duo. Following Pelt .,~, performance at Pompey Park, Tyler and Lester wilt_S_U__R__P_R_ tS~the Delray Beach City Council: which meets at 6 PM at City Hall. Tyler gol hi~ ~nspiration from ventriloquist Paul Winchell and his immodal sidekick Jerry iVlahoney, and was entranced with the talent behind their TV show. Tyler was only 10 when he began performing in his hometown of Detroit: through a correspondence course and countless performances at variety shows and talent contests, he developed his own voice-throwing extraordinaire style. ~ ,~2/~8/1998 10:45 5612780555 DB CHAMBER COHHERCE PAGE 03 With Lester, the wooden other half of the duo, "Tyler stays in demand in every conceivable venue - comedy clubs, university stages, Las Vegas hotels and corporate events. He gave three performances at FAU last weekend, to delighted audiences attending Sunset Entertainment's "Legends of Laughter." Tyler appeared in the Academy Award-winning film Coming Home (starring Oscar-w~nners Jane Fonda and Jon Voight). His TV credits include The Tonight Show, Pecific Blue, ABC Weekend Specials and Primetime Country_ The duo has appeared onsta9e with entertainers such as Diana Ross, Leu Rawls. Frank Sinatra, Dolly Parton, Whoopi Goldberg, Stevie Wonder and David Letterman. For information on today's events at Pompey Park, call Ann Green, (561) 243-7356. Tickets are still available for Tyler g Lester with Jack Carter, Freddie Roman and special guest artist Frank Gorshin - truly the Legends olLaughter .Their final shew is Wednesday, Dec 9 8 PM at the Coral Springs City Centre, 2855 Coral Springs Drive Coral Springs. Tickets are $35 and S45: call 954-344- 5990. TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING A FROM: JANET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF DECEMBER 8, 1998 ***CONSENT AGENDA*** WATER SERVICE AGREEMENT FOR THE ENCLAVE, A 224 UNIT MULTIPLE FAMILY DEVELOPMENT TO BE LOCATED APPROXIMATELY 2,000' WEST OF MILITARY TRAIL ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, IN UNINCORPORATED PALM BEACH COUNTY The subject property (23.6 acres) is located in unincorporated Palm Beach County. The applicant is seeking a Water Service Agreement from the City for a project know as The Enclave, a 224 unit multiple family development. The agreement includes a provision for voluntary annexation (when contiguous) as well as an agreement to comply with the City's Land Development Regulations (LDRs) with development of the property. The property cannot be annexed at this time, as doing so would create an enclave. The project was reviewed under the RM (Multiple Family Residential -Medium Density) zone criteria as this would be the initial zoning if annexation was considered. While the Site Plan Review and Appearance Board approved the site plan, the project must still obtain site and development plan approval through the County. The Water Service Agreement has been reviewed and approved by Environmental Services (for availability of water), the Planning and Zoning Department (for legal description), and the City Attorney's Office for form. At its meeting of November 4,1998 the Site Plan Review and Appearance Board on a 5- 0 vote (Shutt absent), approved site and development plans associated with the Water Service Agreement for The Enclave subject to conditions. All conditions of site plan approval have been addressed except for the following conditions, which are a result of the dual approval process through the County and City: 1. That the owner provide the City with a copy of the site plan that is approved from the County, and if any changes are made that a site plan modification be processed through the City prior to building permit submittal at the County. City Commission Documentation Water Service Agreement for The Enclave Page 2 2. That the owner posts a Bond with the City for 110% of the cost of the water and sewer main improvements prior to recordation of the plat at the County. 3. That easement deeds for the water and sewer mains and lift station along with a sketch and legal description of the easements are provided to the City prior to recordation of the plat at the County. The Water Service Agreement has been amended to include these conditions of approval, however it requires new signatures from the owners of the property. The applicant has indicated that an executed copy of the agreement from the owners will be provided to the City prior to Tuesday night's meeting. By motion, approve the standard Water Service Agreement (as amended to include the above conditions) for The Enclave. Attachments: Water Service Agreement Reduced Site Plan, and Location Map MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:~ALISON MACGREGOR HARTY, CITY CLERK SUBJECT: AGENDA ITEM ~ ~' - MEETING OF DECEMBER 8, 1998 WATER SERVICE AGREEMENT FOR THE ENCLAVE DATE: DECEMBER 7, 1998 At the time the packet was prepared for the City Commission meeting of December 8th, the Water Service Agreement for The Enclave required new signatures from the property owners. Therefore, attached you will find a copy of this agreement as executed by the property owners. There is a minor error on Exhibit "B" of the legal description. In paragraph 1 of Exhibit "B" Legal Description, it should read 'containing 21.018 acres of land more or less' and not 21.083 acres. This will be corrected prior to execution by City officials. SQUARE PLAZA MARKETPLACE EXECUTIVE CARNIVAL OF SQUARE FLEA DELRA Y MA RKE T MU TUAL UNION W E S T A T L A N T I C Im~ A V E N U E SUNTRUST ~OU TH TRUE T BANK BANK · · PINES ~ DELRA Y · · WES T ~ WES T · PLAZA _ PLAZA I"" -- JEFFERSON RD. v LINCOLN RD. ESTATES ORIVE ADAMS ROAD ( )U i' r :~ Y ~,:, ~ASHINCTON ROAB MADISON ROAD LAKE BOULEVARD CITY OF DELRAY BEACH, FL ~. _ PLANNING & ZONING DEPARTMENT -- DIGITAL ~]45E MAP SYSTEM -- MAP REF: LM296 PREPARED BY: RETURN TO: Susan A. Ruby, Esq. City Attorney 200 NWIst Avenue Delray Beach, Florida 33444 AGREEMENT FOR WATER SERVICE This agreement, made on this day of ,19 , by and between hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System, agrees to the following: 1. The CUSTOMER agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the Director of Environmental Services, to provide service to the CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the CUSTOMER'S premises. The CITY shall have the option to perform the necessary work or the CITY may have such work performed by outside forces in which case the CUSTOMER shall pay in advance all estimated costs thereof. In the event the CITY has such work performed, the CUSTOMER shall remit such advance funds and any additional funds as may be necessary to pay for the actual completed project for the extension of services. 2. Any main extension made under this agreement shall be used only by the CUSTOMER, unless permission is granted by the CITY for other party or parties to so connect. If the CITY requires upsizing or increased capacity beyond what is determined to be adequate by the Director of Environmental Services in size and/or capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to compensate these additional costs. The CITY may also require alternative bids to document the increased sizes or capacity to establish these cost differences. The CUSTOMER acknowledges that its right to receive any refund pursuant to this paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. 3. Title to all mains, extensions and other facilities extending from the CITY water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. -1- 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the CITY limits applicable under the CITY'S ordinances and rate schedules which are now applicable or as may be changed from time to time. 5. Any rights-of-way or easements necessary shall be provided by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this agreement is made available from a surplus. If a surplus does not exist at the time of the CUSTOMER'S actual request for commencement of service, as determined by the CITY'S Environmental Services Director, then the CITY without liability may refuse to initiate service to the subject premises. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The premises shall be subject to annexation at the option of the CITY at any time they are eligible under any one or more of the above-referenced laws concerning annexation. The legal description of the subject premises is as follows: The CUSTOMER acknowledges that this covenant for annexation is intended to be and is hereby made covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the CUSTOMER and all subsequent transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by this annexation agreement. -2- 7a. It is understood by the CUSTOMER that the CUSTOMER by signing this agreement is hereby providing written consent to the Stormwater Management Assessment levied by the City pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a written covenant running with the land. This agreement shall be recorded in the Public Records of Palm Beach County, Florida. The CUSTOMER and all subsequent transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by this written consent to the Stormwater Management Assessment. 8. It is hereby agreed that the CITY shall have no liability for the termination of water service to the premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the property or inhabitants in the City of Delray Beach, so long as the premises remain outside of the CITY limits. In the event the City Commission makes such a determination, the CITY shall be and is hereby authorized to discontinue water service to the premises upon ninety (90) days notice given by the CITY. In the event that the City Commission of the CITY determines that it is necessary to permanently discontinue water service to the above property, then the CITY shall execute a recordable release of this water service agreement which shall be recorded at the expense of the CUSTOMER. 9. In addition to the limitation of the CITY'S liability under Paragraph 8 above, it is agreed the CITY shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities, or other circumstances beyond the CITY'S reasonable control. 10.The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post- judgment collection) and costs arising out of or resulting from the CUSTOMER'S obligations under or performance pursuant to this agreement. 11. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless in writing executed by the parities to be bound thereby. -3- 12.The water use granted by this agreement is for the quantity of 24 tap(s) located on the property described in Paragraph 7, above. The water shall be in conjunction with a multiple family residential use as depicted upon the plan known as The Enclave and approved by the Site Plan Review and Appearance Board on November 4 1998, a copy of the approved site plan is hereto attached and made a part hereof. Any water furnished under this agreement shall not be used for irrigation purposes unless such use is specifically and separately approved by the Director of Environmental Services. 13.As an expressed condition of this agreement, the CUSTOMER further agrees to abide by all ordinances of the CITY which are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the CITY'S formal site plan review and approval processes. However, no development requirements of the CITY shall be imposed which shall have the effect of diminishing a County development standard or requirement. In such cases, the CITY requirement shall be subservient and no further action of waiver or variance shall be required. 14.Water service, pursuant to this agreement, must be activated within two years of the date of this agreement or said agreement shall be void. This agreement shall also become void upon annexation to the City of Delray Beach. 15. That the CUSTOMER provide the CITY with a copy of the site plan that is approved from the County, and if any changes are made that a site plan modification be processed through the CITY prior to building permit submittal at the County. 16. That the CUSTOMER posts a Bond with the CITY for 110% of the cost of the water and sewer main improvements prior to recordation of the subdivision plat at the County. 17. That easement deeds for the water and sewer mains and lift station along with a sketch and legal of the easements are provided to the CITY prior to recordation of the subdivision plat at the County. 18. This agreement and the terms and conditions thereof shall be binding on all successors, heirs and assigns of the CUSTOMER and this agreement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. ,~~ ~,_' h t,~,,o c!lstomer) ~:~ (J~ame[~ i~t~ ~r ~.p.~ritten) (Name printed or type written) · ~) ~' '-~- ,- (Address) ~:::3~-4:~ ~,~.~.~ (Name printed or typ~e written) STATE Of ~='~tz-A COUNTY OF p-"-~t,,~ The foregoing instrument was acknowledged before me this ~t~'1'~'~ , day of ~-~,,~=~. , 19 ~'~, by ~_.~..~ p~-'C~a-,,~ who is personally known to me or has produced (Type of Identification) a~ identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of No{ary'Public) Commission # ~ ¢,.. (.~7...~'~--~"'[ , My Commission Expires {:2~'/..- ~ (NOTARY'S SEAL) :~ DENISE D CRAIG: STATE OF . _ ,,,~.:. COUNTY OF The foregoing instrument was acknowledged before me this , of , 19 , by .(name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this first written. (Sign) .....,, \~ ( (Nan~e prir'~orj(ype written) (Name printed or type written) ~n) ~ (Address) ~,~,_tz,~,,( ~.~,~..~., ~'u.. ~,~4'~,- (Name printed or tyl:~e written) STATE OF ~"~-c:>~Z.t COUNTY OF ~~ The foregoing instrument was acknowledged before me this ~ , day of ~~ ,19 ~ by ~~ ~ whois y rSOnally known to m~ or has produced pe of Identification) as identification and who did (did not) take an oath. (Printed Name of Nota~ Public) (Signature of Nota~ Public) Commission ~ ~ ~~~ , My Commission Expires O~' ~ (NOTARY'S SEAL) ~~ DENISE D CRAIG STATE OF :~c~, cc~c~c,~ COUN~ OF The foregoing instrument was acknowledged before me this, of 19 , by .(name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. ~ ' (Si(l',a) ~ ~ (Sign.) ~ ,'3 !  (Name printed or type written) (AddresS)l;::~t_F.~,y ~=,~,~,..I,.tj ~. '~-~ (Name printed or tyj~e written) STATE OF COUNTY OF ~,~-.t-,3 ~5,~.~,..~ The foregoing instrument was ackn.owledged ben,fore ~e, this (:~'r.~ , day of 'l;~,..~t.~-e.. , 19 ,.~'~ by ,,.~,z:~t,,.~..~ '~,'T~~ . who is ~ersonally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. (Printed Name of Nota~ Public) (Signature of N~ta~ Public) Commission ~ ~ ~~Q~ , My Commission Expires ~- t ~ (NOTARY'S SEAL) ;~DEN~S~ D CRA~G ~. STATE OF :~ ~.~. cc~.:~c,~ . The foregoing instrument was acknowledged before me this , of , 19 , by .(name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. IT · _~_q_~u ,stomer) (Sign)~ [... ~ (Nam~ prin,{~e~o~ ~/j~e written) (Name printed or type written) n\.....~,) -~./ ~, _..- ~ ~>C:3 ~ · .~:~ ~..~t,~T~.~..~:>~t-~. ~.' ' ~'~ ~~~ (Address)~~ ~~ ~.~~ (Name printed or typ~ wriffen) STATE OF F ~~t o~ COUN~ OF ~~ The foregoing instrument was acknowledged before me this ~ ~ , day of ~~ , 19 ~ by ~~~ ~~~ whole peak,own tn m~ nr has produced (Ty~f Identification) as identification and who did (did not) take an oath. (Printed Name of Nota~ Public) (Signature of Nota~ Pu~ Commission ~ ~ ~%~~ , My Commission Expires ~- t ~- (NOTARY'S SEAL) DENISE D C~A~G ,, STATE OF . COUN~ OF The foregoing instrument was acknowledged before me this , of , 19 .... by .(name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. ~stomer) J CUSTOMER: (Na~~_~pe written)' ~:::;'~::~"~ ~'' ~t~ (Name printed or ~peWri~en) ~), ~~ [~~~ (Address)~~X (Name printed or ~p~ wri~en) STATE OF ~~ ~ COUN~ OF p~ The foregoing instrument was acknowledged before me this ~~ , day of ~~,~ , 19 ~by ~~ ~,~ whois  wn to mc ;r ~as produced cation) as identification and who did (did not) take an oath. (Printed Name of Nota~ Public) (Signature of Nota~ Publi~ Commission g ~ ~~~ , My Commission Expires ~- t ~ - (NOTARY'S SEAL) ~~ DEN~S~ D CRA~ STATE OF .~ c~ cc~o~o~ COUN~ OF The foregoing instrument was acknowledged before me this , of .... 19 , by (name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written.  ~ CUSTO~ME~. ..... ... ' (Name printed °r ~pe wriffen)  n) ~ (Address) ~~ (Name printed or ty~e wriffen) STATE OF ~ ~~ ~ ~ COUN~ OF ~~ The foregoing instrument was acknowledged before me this ~~ , day of ~~~ ,19 ~ by ~~ ~~ whois personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. (Printed Name of Nota~ Public) (Signature of Nota~ Public~ ) v Commission ~ ~~.~ ~ , My Commission Expires {NOTARY'S SEAL) STATE OF COUN~ OF The foregoing instrument was acknowledged before me this , of ., 19 . , by .(name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , ,, My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. ,=~~ :~_~ custom~.~ ~.USTOMER: ! ~me printed or ~pe wriffen) (Name ~iffi ~r ~~i,en) (Sign) ~ (AddresS) ~~ ~~ (Name printed or ~pe Wriffen) STATE OF COUN~ OF ~, The foregoing instrume~[ was acknowledged before me this ~ ~ , day of ~~~ , 19 ~by ~t~~ ~~.~ , who is pemonally known to ~- ~r h~s produced ~~ ~. ~t~ _(~n) as identification and who d'~ ~ ~.~~~did not) take an oath. Commission ~ ~ ~~ ~ , My Commission Expires ~-~ (NOTARY'S SEAL) ~ DENISE D CRAIG State of Ftor~ ~ Co~: CC6205~7 STATE OF ._ COUN~ OF The foregoing instrument was acknowledged before me this , of , 19 .......by (name & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first wdtten. stome~.~ CUSTOMER: ~ (Sign)" '~' ~ ~'¢ JJ~i~me printed or type written) (Name I~n{e.~ty~/e/written) ~n)~ ~; ~ddre~s) ~~ ~~ ~. ~~ (Name printed or ~pe wd~en) STATE OF ~~ COUN~ OF ~~ ~~ The foregoing instrument was acknowledged before me this ~ ~ , day of ~H~ ,19 ~by ~~~~~ whois p~rsonally known to me or h~ pr~uced (Type of Identification) as identification and who did~ not) take an oat~ ~ (Printed Name of Nota~ Public) (s'g atu f t ~ ~ Commission ~ ~C ~O~ , My Commission Expires ~%- [~ - o~ (NOTARY'S SEAL) ':'~  DENISE D CRAIG ~ STATE OF ~. ~. ~,~ o~,~: Co~: CC620507 ~ COUN~ OF - " The foregoing instrument was acknowledged before me this .. , of , 19 , by .(n~me & title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) (Signature of Notary Public) Commission # , My Commission Expires (NOTARY'S SEAL) -5- Legal Description Approved by the Planning & Zoning Department: (Sign) Form Approved by the City Attorney's Office: (Sign) ATTEST: CITY OF DELRAY BEACH (City Clerk) (Mayor) -6- LIST OF PROPERTY OWNE~ EXHIBIT A ERIC PETERSON MICHAEL PETERSON JAMES PETERSON PAUL PETERSON JAMES T. SMITH PAUL SMITH JAMES BOWMAN WI~J J&lVl BOWMAN EXHIBIT B T,P. GAT, DESCRIPTION: THE WEST ONE-HAI,~' OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, P/~I,M BEACH COUNTY, FLORIDA AND CONTAINING 21.083 ACRES OF LAND MORE OR I,ESS. TOGETHER WITH; AT,I, OF LOTS 15 THROUGH 19, AND A PART OF LOT 20, BREEZY ACRES SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 79 OF THE OFFICIAL PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, Al J, LYING, SITUATE AND BEING IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTIC~Y DESCRIBED AS FOI J ~)WS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00'17'23" WEST, ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 1369.22 FEET TO A POINT AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE NORTH 88'39'19" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 661.46 FEET TO A POINT; THENCE SOUTH 00'36'55" EAST, A DISTANCE OF 294.65 FEET TO A POINT ON THE WEST LINE OF LOT 20 OF SAID BREEZY ACRES SUBDIVISION AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 89'24'27" EAST, ALONG A LINE 52.58 FEET SOUTH OF, AS MEASURED AT RIGHT ANGI,mS TO THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 310.95 FEET TO A POINT ON THE EAST LINE OF SAID LOT 20 AND THE WEST RIGHT-OF-WAY LINE OF MARI~,~ND LANE; THENCE SOUTH 00'32'28" EAST, ALONG THE EAST LINE OF LOTS 15 THROUGH 20 AND THE WEST RIGHT-OF-WAY LINE OF MARI~.AND LANE, A DISTANCE OF 687.42 FEET TO A POINT AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 89'24'27" WEST, ALONG THE SOUTH LINE OF SAID LOT 15, A DISTANCE OF 310.06 FEET TO A POINT AT THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTH 00'36'55" WEST, ALONG THE WEST LINE OF SAID LOTS 15 THROUGH 20, A DISTANCE OF 687.42 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.900 ACRES OF LAND MORE OR LESS AND EXCEPT: A PART OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, P,aLM BEACH COUNTY, FLORIDA, AS DESCRIBED IN DEED RECORD BOOK 67, PAGE 573 AND OFFICIAL RECORD BOOK 6495, PAGE 761 OF THE PUBLIC RECORDS OF P,~LM BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTIC~Y DESCRIBED AS FO~ ,~ OWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00'17'23" WEST, ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 1361.06 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF ATLANTIC AVENUE AS DESCRIBED IN OFFICIAL RECORD BOOK 1014, PAGES 102 THROUGH 109 OF THE OFFICIAL PUBLIC RECORDS OF P.al.M BEACH COUNTY, FLORIDA; THENCE NORTH 89'13'48" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID ATLANTIC AVENUE, A DISTANCE OF 64.68 FEET TO A POINT ON THE EAST LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL E-3 AS DESCRIBED IN OFFICIAL RECORD BOOK 6495, PAGE 761 OF THE PUBLIC RECORDS OF P~LM BEACH COUNTY, FLORIDA; THENCE SOUTH 00'17'23" EAST, ALONG THE EAST LINE OF SAID LAKE WORTH DRAINAGE DISTRICT CANAL E-3, 64.68 FEET EAST OF, AS MEASUB~D AT RIGHT ANGLES TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 1361.04 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 89'13'01" WEST, ALONG THE SOUTH LINE OF THE SOUTI4EAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 64.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.021 ACRES OF LAND MORE OR T,ESS. LESS AND EXCEPT: A PART OF THE WEST ONE-HAL~' OF THE SOUTHWEST ONE-QUARTER OF THE SO~T ONE-QUARTER OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, P.a~.M BEACH COUNTY, FLORIDA, AS DESCRIBED IN DEED RECORD BOOK 1014, PAGES 102 THROUGH 109, OF THE PUBLIC RECORDS OF P.~I,M BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLTOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00'17'23" WEST, ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 1369.22 FEET TO A POINT AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 88'39'19" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCEOF 668.92 FEET TO A POINT AT THE NORTHEAST CORNER OF THE WEST ONE-I-LaI.~ OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 00'19'03" EAST, ALONG THE EAST LINE OF THE WEST ONE-PI~I,~ OF THE SOUTHWEST ONE-QUARTER OF THE SO~T ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 14.87 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ATLANTIC AVENUE AS DESCRIBED IN OFFICIAL RECORD BOOK 1014, PAGES 102 THROUGH 109 OF THE PUBLIC RECORDS OF P~I.NI BEACH COUNTY, FLORIDA; THENCE SOUTH 89'13'48" WEST, ALONG THE SOUTH RIGHT-OF-WAY OF SAID ATLANTIC AVENUE, A DISTANCE OF 668.84 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE NORTH 00'17'23' WEST, ALONG THE WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 14, A DISTANCE OF 8.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.177 ACRE OF LAND MORE OR ~,ESS AND EXCEPT: A PART OF THE WEST ONE-PLAI.]~ OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, P~I.NI BEACH COUNTY, FLORIDA AND A PART OF LOTS 20 AND 21, OF BREEZY ACRES SUBDIVISION, AS RECORDED IN PLAT BOOK 20, PAGE 79 OF THE PUBLIC RECORDS OF p~ALN~ BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTIC~Y DESCRIBED AS FOTJ~)WS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00'17'23" WEST, ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 1369.22 FEET TO A POINT AT THE NORHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE NORTH 88'39'19" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SO~AST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 668.92 FEET TO A POINT AT THE NORTHEAST CORNER OF THE WEST ONE-PLaL~ OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 00'19'03" EAST, ALONG THE EAST LINE OF THE WEST ONE-I-La~.~ OF THE SOUTHXVEST ONE-QUARTER ON THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 14.87 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ATLANTIC ACENUE AS DESCRIBED IN OFFICIAL RECORD BOOK 1014, PAGES 102 THROUGH 109 OF THE PUBLIC RECORDS OF PA~.NI BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTH 00'19'03" EAST, ALONG THE EAST LINE OF THE WEST ONE-HAT,~ OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 279.88 FEET TO A POINT 52.58 FEET SOUTH OF, AS MEASURED AT RIGHT ANGT,~,S TO TI-IE NORTH LINE OF LOT 20 OF SAID BREEZY ACRES SUBDMSION; THENCE SOUTH 89'24'27" WEST, ALONG A LINE 52.58 SOUTH OF, AS MEASURED AT RIGHT ANGT,ES TO THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 5.93 FEET TO A POINT ON THE WEST LINE OF SAID BREEZY ACRES SUBD1MISION; THENCE NORTH 00'36'55" WEST, ALONG THE WEST LINE OF SAID BREEZY ACRES SUBDIVISION, A DISTANCE OF 279.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID ATLANTIC AVENUE; THENCE NORTH 89'13'48" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID ATLANTIC AVENUE, A DISTANCE OF 7.38 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.043 ACRE OF LAND MORE OR T,~SS. T,~SS AND EXCEPT: A PART OF THE WEST ONE-HAT,]~' OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, P.~T,M BEACH COUNTY, FLORIDA AND A PART OF LOTS 12 THROUGH 14, OF BREEZY ACRES SUBDMSION, AS RECORDED IN PLAT BOOK 20, PAGE 79 OF THE PUBLIC RECORDS OF P_AT,M BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULABLY DESCRIBED AS FOT,I~)WS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 89'13'01" EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 669.18 FEET TO A POINT ON THE WEST LINE OF SAID BREEZY ACRES SUBDMSION AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 00'36'55" WEST, ALONG THE WEST LINE OF SAID BREEZY ACRES SUBDIVISION, A DISTANCE OF 393.59 FEET TO A POINT AT THE SOUTHWEST CORNER OF LOT 15 OF SAID BREEZY ACRES SUBDMSION; THENCE NORTH 89'24'27" EAST, ALONG THE SOUTH LINE OF SAID LOT 15, A DISTANCE OF 2.36 FEET TO A POINT ON THE EAST LINE OF THE WEST ONE-I-LAT.~ OF THE SOI.FFHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 00'19'03" EAST, ALONG THE EAST LINE OF THE WEST ONEoHAT,r~ OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 393.60 FEET TO A POINT ON THE SOUTH LINE OF THE SOI. YI'HEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 89'13'01" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 0.31 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.012 ACRE OF LAND MORE OR r,~SS. NOTE: THIS BOUNDARY SURVEY REFLECTS THE TITLE EXCEPTIONS LISTED IN CHICAGO TIT[,~,, INSURANCE COMPANY TITT,~, COMMITMENT POLICY NUMBER 9804033. EFFECTIVE DATE MAY 6, 1998. Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Department/J ~t ~/ FROM: Charles Bender, Coordinator, Community Development Division DATE: December 1, 1998 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to two eligible applicants under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In parmership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period accounting to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $40,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the two eligible applicants of the following property: Lot 9, Block 2, Silver Terrace/S8,350.00 Lot 27, Block 1, Atlantic Gardens/$10,251.79 s:\commun\renprg\comagend.doc AGENDA REQUEST Request to be placed on: Date: December 1, 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When:December 8, 1998 Description of item: Authorization and approval to issue subsidy to two eligible applicants under the Delra¥ Beach Renaissance Program totaling $18,601.79. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval o£ subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) and the HOME Investment Partnership Program. HOMETotal $10,251.79 Account # 118-1923-554-83.01 SHIP Total $ 8,350.00 Account#118-1924-55)lr83.01 Department Head Signature: x,~~~:~~,r,~.~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involv~,ing expenditure of funds): Funding Available~~ Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun-I \cd~renprgrn~agenrequ.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION Yes CENSUS TRACT 65.02 NAME Oneida Rodriguez PROPERTY ADDRESS XXX Central Avenue Delray Beach LEGAL DESCRPTION Lot 9, block 2, Silver Terrace Plat Bookll , Page 61 % OF AREA MEDIAN HOUSEHOLD INCOME 96 # IN HOUSEHOLD 2 COST OF LOT $12,000 COST OF CONSTRUCTION $75,250 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 82,650.00 CFC Bank RATE 6.525 % LTV 95.00 % SECOND MORTGAGE $ City of Delray, HOME $ 8,350.00 CityofDelray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Escrowed $ 305.00 Paid at closing $1,737.00 TOTAL TRANSACTION $93,042.00 s:\communh'enprgXsubrest.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION Yes CENSUS TRACT 67.00 NAME Esther Ruelas & Manuel Pereida PROPERTY ADDRESS XXX NW 12th Avenue Defray Beach LEGAL DESCRPTION Lot 27, Block 1, Atlantic Park Gardens Plat Book 14 , Page 56 % OF AREA MEDIAN HOUSEHOLD INCOME 51 # IN HOUSEHOLD 6 COST OF LOT $8,900 COST OF CONSTRUCTION $86,975 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 84,500.00 CFC Bank RATE 6.525 % LTV 88.00 % SECOND MORTGAGE $ 10,251.79 City of Delray, HOME $ City of Delray, SHIP $ CRA of Delray $ 2,648.21 Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Escrowed $ 405.00 Paid at closing $ 2,683.00 TOTAL TRANSACTION $100,488.00 s:\commun\renprgXsubrest.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~AGER~ SUBJECT: AGENDA ITEM ~ '- REGULAR MEETING OF DECEMBER 8, 1998 SERVICE AUTHORIZATION #3/ECKLER ENGINEERING (REHABILITATION OF LIFT STATIONS 13, 24 & 26) DATE: DECEMBER 3, 1998 This is before the Commission to approve Service Authorization #3 in the amount of $31,000.00 with Eckler Engineering for consulting services related to the rehabilitation of lift stations 13, 24 and 26. The scope of work includes preparation of engineering plans and specifications for the rehabilitation and conversion of lift stations 13 and 24 to submersible type stations and the complete demolition and replacement of lift station 26. Maintenance records indicate these three stations are the highest priorities for rehabilitation. Funding will be from 442-5178-536-61.83 (W&S Renewal & Replacement - Lift Station Rehabilitation). Recommend approval of Service Authorization #3 with Eckler Engineering related to the rehabilitation of lift stations 13, 24 and 26. ref:agmemol0 AGENDA REQUEST Agenda Item No. ~' ~ ' Date: December 2, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 8, 1998 Description of item (who, what, where, how m~ch): Staff requests Commission approval of Service Authorization ~L4~for Eckler Enqineering in the amount of $31,000.00 for consulting services required for the rehabilitation of Lift Stations #13, #24 and #26. Scope of service includes preparation of enqineering plans and specifications for the rehabilitation and conversion of Lift Stations %13 and %24 from a Wet Well/Dry Well "Can" Station to a Submersible Station and the complete demolition and replacement of Lift Station #26. Maintenance records indicate that these three stations are currently the highest priorities for rehabilitation. Funding for this expenditure is available in R&R Account #442-5178-536-61.83, Lift Station Conversion to Submersible. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N__O Recommendation: Staff recomme~ks approval of Service Authorization #14 for Eckler Engineering in the//t~u~~, 00(~i:~ ~ 'head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review'Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: NO Funding alternatives (i~ applicable) ~ _ No. & De~cription.Mz~-,~/~,~ ~/~ ~ ~ ~6~~,q3~;-~ Account Balance~'/~, ,.~/~.// ~ ~ / ~/~/~-- ,~$~'~Q' d] Account City Manager Review: Appr°ved f°r agenda: O/NO ~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S: \EngAdmin\Proj ects\97\97-005\OFFICIAL\AG102098. DOC I 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.E'~-'~~ Deputy Director..o~P__.ubf~ Utilities DATE: December 3, 1998 SUBJECT: Rehabilitation of Lift Stations 13, 24 and 26 Project Number 99-036 Attached is Service Authorization #3 for Eckler Engineering in the amount of $31,000.00 for consulting services required for the rehabilitation of Lift Stations #13, #24 and #26. Scope of service includes preparation of engineering plans and specifications for the rehabilitation and conversion of Lift Stations #13 and #24 from a Wet Well/Dry Well "Can" Station to a Submersible Station and the complete demolition and replacement of Lift Station #26. Maintenance records indicate that these three stations are currently the highest priorities for rehabilitation. Funding for this expenditure is available in R&R Account #-442-5178-536-61.83, Lift Station Conversion to Submersible. Please place this item on the December 8, 1998 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Assistant Construction Manager Allison MacGregor Harty, City Clerk S:\EngAdmin\Projects\93\93-055\OFFICIAL\agenmem.doc · 12/0B/lg98 0~: 2~ 95~-755-27~1 ECKLER ENGINEERING PAGE ECKi,ER ENGrNEERING, INC, CITY OF DELRAY BEACH CONSULT[NO SERVICE AL'rHORIZATION DATE; De¢~mber 2. 1998 SERVICE AUTHOKIZATION NO. % 3 FOP. CONSULTLXIG SERVICES CITY P.O. NO, CITY E~ENSE CODE PROIECT NO.', CITY 21~,MI ECKLER ENOINEEKING TITLE: l~hsbilitstion of Lift Ststians 13.2~ t~nd 26 This S~'vi¢¢ Authorization, wt~cn excepted, shall be inoorporated in ~d sl~ll become an integral part of the Contract, dated May 9. 199~. between thc City of Delr~y 0each end gckl~ Engineering. 1, PROJ~ECT DESCRIFI'ION Eckl~ Engin~ met with thc City of D¢lray Beach on Novc~nbcr 10, 1996 to obtain a b~tter understanding of the improvements antioipeted by the City of Delray Beach· The follow/rig wastcwater system improvements rare proposed for the rehabilitation of lift stations 1], 2,$ and 26 based upon the site visits and the City's needs for wastew~ter collection and transmission systems within these ~ The City staff`has requested that this station be converted to a submers~'ble type lift stsfion to eliminate the confined space require:roches and g~era} maintcnance problems associated with the curr~nt design. The capacity of the pumps will be t~vicw'ed ~nd revised to meet thc new operational conditions ss reqmted, ~ The City smfl'l~$ r~qucsted that this station be converted to a submersible type lift station to ¢limirmt~ th~ confined sp~ce ~quirements and g~eral m~inten~nce problems as~oc':ated with the current design. The c~pacity of the pumps will be reviewed and revised to meet thc new oper~tlona! conditions r~uired Additionally, the abandoned two structures north of this station will be addressed. These two structures appear to be old equipment pits and ~re aurrently used as martboles. Unauthorized ~¢ccss ~o these pits is common and often results in debris clogging the do~ str~u'n pumping cquipm~nt. City staffhas requested eliminating these structures and reoonsU, ucting thc gravity eli~v~mcnt as ~equlred. ~ This lift station is an unconventional submer~ible opem~ion. The configuration of the existing rectangular wer~vcll presents numerous problems fo~ m conventions! submersible design. SU'uctural ;k'molition of the interior platform and well ribs will rnos~ likely be required for a conventional design. This demolition work will be dc~mcntal to t~ structural integrity of' the existing wetwcll. The City stuff l~a~ req~este,d that r. bis statto~ be ~epJ~ccd with a new submersible typs lift station. The new station would be loczted adjacent to the exl~ttn~; station end the gravity sewer alignmen~ would reconstructed as required. Thc capacity oi~ thc pumps will be reviewed and revised to meet the new' Ol~mtional conditions u r~luired, 12/0_~/i998 eS: 2-~ 95~-755-2741 ECKLER ENGINEERIN~ PAGE ~4 This proposal consists of the design of these facilit/es and improvements, including preparation of detailed plans and specifications followed by permitting, bidding assistance services and limited services during construction. The estimated construction cost for thc rehabilitation of lift stations 13, 24 and 26 will be in the range of$410,000 to $~$0,000 depending on the recommendations of the design report. A more d~tailed probable cos~ of ~onstruotiou will be prepared upon completion of the fi~ml design, II, SCOPE OF SERVICR8 The Eng/neer shal] provide a complete design for each of these lift stat/on sites in accordance with our site visit of November 10, 1995 arid our discussions with the City staff The work shall include the following: DESIG~ PHASE The lingineer shall provide the services outlined in Article 3, Par~aphs B and C, Phases 2 and 3, pages 5 and 6 of the A~reement The spec/rio tasks/nclude: Task I - Administration: Administration of the project includes project setup., client interface, interface and coordination with Delray Beach Operations Personnel, QualivT' Control and Invoicing. Task 2 - Field Visit/Collect amd Review Data: Thc Engineer shall visit each of the lift station sims to review thc existing conditions and facilities and to take necessary ileld measurements for design purposes. The En$ineer shall provide certified boundary and topographic surveys for each lit station site. The~e surveys shall contain a legal description of the existing lift station e~ements where applicable and will also provide the site data required for the rehabilitation or relocation design oftbe lit station sites. It is not currently possible to tell if the~ station arc within casements or all completely within road rights-of-way. Verifications of existing parcel ownership, easements and rights-of-way arc rcquirclt to properly complete the work at each site. The Engln~'r will collect and review existing data on the lift s~ations, the existing flows, force main pressures and power availability. Th= Engmeer will perform an analysis of this data andprepare calculations as required for the deal/ri. Task 3 Prepare Drswin~s: The Er~ineer will prepare the drawints required fo~ the rehabilitation of these lift stations to include the removal of thc existing pumping equipment, installation of the new pumping equipment, iostallation of new valve boxes, rehabilitation of the existing wctwells and design of new wetw~lls and civil/site work d~ign. The drawir~gs shall include a cover sheet, legends, details, sit~ plans, and structural~ mechanical and electrical drawings of sufticicnt detail to allow for thc construction of each of these lift stations. Twenty-two sheets of drawin$t are anticipated for this proje0t. Task4- Prepare Specifications: The Er~tncer will prepare a set ofte~hrfical M*ccifications for the requii'ed construction of each lift station, A full scl of Contract Documenr. t will be prepared for the rehabilitation or replacement of these lift stations. The Contract portion of these contract documents will be provided by the City of Delray Beach. These documents will be edited by thc Engineer. Thc technical specifications will be prepared in the Constrvction Speciflcatiorl Institute format. Thirty-one technicil sections are anticipated for this proj~t. Task ~ - $=bmit ~md Review with City: The Engineer will submit two (2) sets of 90% preliminary drawings and specifications for City review. A review meeting will be established following the 90% Preliminary drawings and specifications submittal to di~uss and receive comments from the City. ~.2/0~/2'998 ~'~ 28 '~5,'"-755-2'74'~ tECKLEP.. EN,~ZNEER]'NG P,~6E 05 The ]~ngine~t will finalize the ¢lr~ving~ ~'~d specifications (100%) by inoo~orai~ of a~ecd-~on r~sions by ~h~ Ci~ ~om ~e ~0% ~e~ew, T~k ~ - P~rmit ~r~r~it~ ~e Engin~ ~11 F~p~re p~it do~ for ~mre by ~ Ci~ ~d for submi~l to ~e v~ous ~e~l~to~ ~ie~ hav~ju~dicfi~ ex,~ ~ project, Pe~i~s ~m ~ ~o~ D~~ of E~onm~t~l ~ot~o~ ~P) ~nd ~lm B~h Co~ Dep~t of Heal~ ~d ~bili~five ~ce~ ~BC~S). ~D~G ~ ~GO~T~G P~ 1, P~c addenda as requi~ ~ c~vt~ commits and qucai~s prodded ~ ul Pm~de an eleo~ie ~d h~ ~opy of the ~wings a~d sp~ificifion~ for ~on of the bidding ~d con.act do~ents by ~e ~W, CONSTRUC~ON Task 8 - Preconstracfioa Me~: ~v Enginv~ will prepay ~e ag~n~, a~d ~d p~are n~inu~s for a pre~s~c~i~ m~tmg to ~ held ~ m ~ N~ce to ~ceed f~ ~ons~ctia of th~ lift station improwm~ts. Task 9 - Shop Dra~p: ~ Ci~ will ~cw thc C~Wac~or's ~p ~g submi~ls for conf~nce ~ffi thc p~jc~t ~awings and ~i~caions. h is antic~ated t~t It shop &a~ng submits ~II be r~uir~ for l~s Task 10 - Project ~it~ Visla: ~e En~e~ ~iI provide ~k si~ ~sits d,~ng the ~on~ti~ phase of~is project, ~ese site v~its shall be at th~ rgq~st oft~ Ci~ ofDel~y Beavh. Folio~ng eavh si~ ~sit, the ~ginecr will pr~e a site ~sit r~n for ~b~ittal to ~he Ciw. A to~! of tMoe (3) site ~sita are ~ticipat~d for this ~oj~t, O~ eont~fion phase ~s inolud~g ~e~rafion of Con.act D~um~ts, rc~ord ~awing preparation ~d pe~t closeo~ su~i~ls ~ r~q~ted for ~s proj~t ~11 be completed by the Ci~, ~ Add.dam to ~is So.ice Auth~afion can ~ submi~ed a a later ~te for these s~ces as req~d by DATA OR ~SIST~CE PRO~ED BY T~ CITY As a p~ of~is s~oe ~ofi~fion, ~e C~ shall: 1. ~o~de ~y ~cord ~nSs of ~e ~isfing lift ~om. 2. Pro.de all flow ~ from t~ existing li~ s~ons which is avaihbk ~ou~ thc Ci~'s sys~. ~o~ide d~ils on each of~ Ci~'s ~quir~ for the d~ of this projec~ including pumps, ~oafing ~st~s, ~d ~lc~. 4. ~ovide ~ess~es i~ the forv~ mains to which &~sc li~ s~tionz ~]1 5, Pay all ~it fees. 6, P~y ~11 ~ofl~ Pow~ ~d Light f~s f~ eleo~cal s~ re~si~s az ~y be required. .!2t8~I]998 8~:2~ 95~-755-2741 ECKLER ENGINEERING PAGE This proposal is made in accordance with Section 7 - Compensation, Paragraph A, Method 2 - TIMES CHAP, GBS, NOT TO EXCEED BUDGETED AMOUNT, Pate 17 of the AGI~EMENT. ry. CO~IoN Thc design of th~sc lii~ stations can bc completed within 135 days of re~iving a signed Servi~e Authorization. The Bidding/Negotiilion portion will be completed as the project prol~resses on the Cites schedule. Al~roved b~: CITY OF DELKA¥ BEACH: ECK.LI~,R ENGINEERING, INC. Date Date $isna~ttre Donald A. Eokler, President Print Name Witllcl$ Title Witness Attest Approved as to leg~! Sufficiency and Form 12/8~/1998 ~:2~ 954-7~5-2741 ECKLER ENGINEERING PAGE ~7 CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BROWARD Thc foregoing inslrumert~ was acknowledged befcrte me this day of 1998 by Donald .~..., Ecklcr , President, of Eck[er ;Ert~acedn~. In~. a Florida corporation, on behalf of ~h~ corporation. He is personally known to me and did not take an oath. $i.grtature of Person Taking Acknowledgment Lir~ C,, Fr~ssso Name of Aeknowtedset Typed, Printed or Stamped ' ATLANTIC AVENUE ..... I -- '-'- --/--' - '-1~- ""'-- -~ - '~r- -- --~-- ENVIRONMENTAL SERVICES DEPARTMENT REHABILITATION 434 SOUTH b'WINTON AVENUE, D~RiY I~CII, FLORIDA a3444 99-036 1 of :.__.~ LIF~~ON 24.-- -. -,.= 7~' ~'' I' '-~-'t ,~!'-T~-i~, . , ~ ,......, ,, t. __~_: -____~/~ L__ LIFT STA~ON 26 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~V - REGULAR MEETING OF DECEMBER 8, 1998 AMENDMENT ~2 TO SERVICE AUTHORIZATION ~i/CH2M HILL (AQUIFER STORAGE & RECOVERY PROJECT) DATE: DECEMBER 3, 1998 This is before the Commission to approve Amendment #2 to Service Authorization #1 with CH2M Hill in the amount of $56,599.00 for additional engineering and consulting services related to the aquifer storage and recovery (ASR) project at the City's North Reservoir. The increased scope includes design and permitting for acidization of the ASR well, additional design modifications for the above ground piping, pumps and appurtenances, as well as the concept and design of an on-site chlorine generation system. Funding will be from 441-5181-536-69.18 (W&S Transmission/Storage Aquifer Storage and Recovery). Recommend approval of Amendment #2 to Service Authorization #1 with CH2M Hill for additional services related to the ASR project. ref:agmemoll AGENDA REQUEST Agenda Item No. ~b Date: December 2, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 8, 1998 Description of item (who, what, where, how much): Staff requests Commission approval of Amendment No. 2 of Service Authorization No. 1 to CH2MHILL for additional enqineering desiqn related to the Aquifer Storage and Recovery project. Services include desiqn and permitting for acidization of the ASR well, additional design modifications for the above ground piping, pumps and appurtenances as well as the concept and design of an on-site chlorine generation system. Total Amount of Amendment No. 2 is $ 56,599.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Amendment No. 2 to Service Authorization No. 1 for CH2MH~D~ in _t~oun~.~$56, 599. 00 Dep~e--~-~a~ ~ignature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewfRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available:(YES~NO Funding alternativ~ (if applicable) Account No. & Description ~4Z/~.~./~/-~-.~/,~/i,~//~ Account Balance~g/~ ~ /R~/~ ...... / City Manager Review: ~~~~ Approved for agenda: ~/NOff~O ont : ~enda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S: \EngAdmin\Projects\97\97-005\OFFICIAL\AG102098. 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.E.'~~ Deputy Director.efl~~ilities DATE: November 30, 1998 SUBJECT: Aquifer Storage and Recovery Project Number 93-055 Attached is an Agenda Request and Amendment No. 2 of Service Authorization No. 1 to CH2MHILL for additional engineering design related to the subject project. Services include design and permitting for acidization of the ASR well because of lower permeability than originally anticipated. As a result of the success of the acidization additional design modifications where required for the above ground piping, pumps and appurtenances. In addition, the concept and design of an on-site chlorine generation system was also provided. The total amount of Amendment No. 2 of Service Authorization No. 1 is $56,599.00 and funding is available from ASR Account # 441- 5181-536.69-18 (budget transfer is attached). Please place this item on the December 8, 1998 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Assistant Construction Manager Allison MacGregor Harty, City Clerk S:\EngAdmin\Projects\93\93-055\OFFICIAL\agenmem.doc CH2U HILL SERVICE AUTHORIZATION NO, 1 DATE: PAGE 10F 5_ Amendment No. 2 to the Service Authorization No. 1_ to the A§reement Dated June 1_, 1_995, for Engineefin§ Services Bet-ween the City of Delra¥ Beach, Florida, and £H2M HILL, [nc. City P.O. No. ~ City Expense Code: City P.N.: Title: Design, Construction, and Acidification of an Aquifer Storage and Recovery (ASR) Facility at the City's North Storage Reservoir Category of Work: Professional Engineering Services - Design/Construction General This SERVICE AUTHORIT.~TION AMENDMENT 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. · Introduction The City of Delray Beach is currently in the process of completing the construction of an aquifer storage and recovery (ASR) facility at its North Storage Reservoir. The purpose of utilizing ASR is to provide additional finished water storage capacity and to help meet peak demand periods. Testing conducted during the construction of the ASR well indicated a lower permeability of the ASR storage zone than was anticipated. The relatively low permeability of the ASR zone would have adversely affected the capacity of the well. Therefore, the City opted to aciclize the well to increase the permeability of the ASR zone. The decision to acidize the well was made following completion of design of the surface piping and preparation of the pump and electrical specifications and required modifications to the specifications and design drawings. Acidization of the ASR well proved to be successful, significantly increasing the capacity of the well. As a result of the increased capacity, the City requested CH2M HILL to redesign the surface piping and appurtenances from the supply water main to the pump column piping and again modify the pump and electrical specifications and design drawings. Additionally, several other Owner requested modifications were incorporated into the design after the original task order was signed that resulted in a greater than expected design effort. The intent of the original task order was to design a simple ASR facility based on previous projects such as Boyrtton Beach and West Palm Beach. During the course of the project, GH2M HILL SERVICE AUTHORIZATION NO. 1 OATE: PAGE 2_OF _5 several chart§es were requested by the City and incorporated into the design that resulted in a more complex, hi§h]y automated ASR facility. ~l~tese cha.n§es included: · switch]n§ to a staL.-dess steel pump and piping, · chang~n§ bom a constant speed pump to a variable speed pump, · design of an on-site c~orine §eneration system~ · remote control operation of the ASR facility, · charon§ bom a common rechar§e/recovery line to separate Lines with two flow meters, · change in the design operation of the ASR facility to rech~§e and recovery of water on a daily basis. In addition, additional time associated with the change in above items caused the contract construction period to extend beyond what was originally scoped, which was 16 weeks. As a result, additional services during construction have been and continue to be required to complete the work and provide a fitlly operational ASR facility. To date, approximately 28 weeks of additional construction time has elapsed. This SERVICE AUTHORIT. ATION AMENDMENT is for performing engineering services for the acidization of the ASR well, as well as design changes assodated with the increased capacity of the well and changes requested by the City. The Work authorized by this AMENDMENT will'be combined with the Work performed under the referenced SERVICE AUTHORIZATION No. 1. Scope of Services The CONSULTANT has provided spedfic services to the C1TY in accordance with the following task descriptions. Task 1--Acidization of the ASR Well · Prepare a plan for the addization of the ASR well and testing to evaluate the effectiveness of the acidization. · Prepare technical spedfications for the acidization and testing of the ASR well and modification of the technical specifications and drawings for the pump and electrical sections. · Permitting modifications with the Florida Depa~b~-tent of Environmental Protection (FDEP) to allow acidization of the well. · Prepare a detailed cost estimate for acid]zing the well. CH2M HILL SERVICE AUTHORIZATION NO. 1 DATE: PAGE 3 OF 5 · Review .and process submittals. · Provide resident observation services throughout the acidization and testing. Task 2--Engineering Services for Design Changes · Provide a redesign of the surface piping to accommodate higher flow rates than the original design. · Provide submittal review for stainless steel surface piping. · Rewrite the pump and electrical specifications to accommodate higher flow rates than prior to acidization. · Provide submittal review for large stainless steel, variable frequency drive pump. · Design of the ASR control system to allow remote operation and accommodate the increased complexity of operating the facility with recharge and recovery on a daily basis. · Coordinate equipment changes with suppliers and the contractor. Task 3--Engineering Services for Design of a Chlorine Generation System and Protective Canopy · Research applicability and design requirements for an onsite chlorine system. · Provide a design for an on-site chlorine generation system and backup bulk NaOC1 system. * Provide a design of a protective canopy for the chlorine generation system. · ' Negotiate regulatory agency approval of the chlorine generation system.. Task 4--Additional Services During Construction · Provide resident observation during installation of the surface piping and appurtenances. Assumptions Unless indicated otherwise in this Amendment, all assumptions contained in the original Service Authorization No. 1 will remain in effect. .Additional Services The following are examples of some specific additional services that may be required, but are not included within this Scope of Services. · Additional work that may be required by the permitting agencies or as directed by the City and not covered in these scope of services. CH2M Hill SERVICE AUTHORIZATION NO. 1 DKrE: PAGE 4 OF 5 This and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $56,,599. Compensation for services shall be in accordance with Article VII.A.1 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. oR~13512.ooc CH2M HILL SERVICE AUTHORIZATION NO. 1 DATE: PAGE _5 OF _5 ~ service authorization is approved cont~gent upon the £1T~'$ acceptance of and satisfaction w~th the completion of the seruice$ rendered in the p~ev~ous phase or as encom- passed by the previous se~,~ce authorization, ff the CITY in its sole discretion is u~safisfied with the se~4ce$ provided in the pre~ous phase or se~w~ce authorization, the CF[~' 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 induded as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Seal) 'l homas Mdor ick, P.e. / (O;te) Area Office Manager Iay A1perin Mayor Witness Attest: STATE OF FLORIDA COUNTY OF PAI2Vl BEACH The foregoing instrument was acknowledged before me this ~ day of Approved as to Legal ~ ,1998, by Thomas Sufficiency and Form McCormick, Area Office Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is person- ally known to me and did not take an oath. l~obbie Willcox Notary Public State of Florida (Seal) ~o~,v. Po~ BOBBLE J. WILLCOX /~ ~'~.~ COMMISSION # CC 463753 .~ !~1 _.~ EXPIRES JUN 29, 1999 I~O/U~.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM ~'~- REGULAR MEETING OF DECEMBER 8, 1998 CONTRACT ADDITION (C.O. #i)/TRIO DEVELOPMENT CORPORATION (S.E. 2ND AVENUE LIMEROCK BASE PREPARATION) DATE: DECEMBER 4, 1998 This is before the Commission to approve a contract addition (C.O. #1) in the total amount of $19,575.50 with Trio Development Corporation under the Rehabilitation of Lift Stations 16 & 3lA contract. The additional work includes pavement removal, grading and limerock base construction of S.E. 2nd Avenue between S.E. 1st and 2nd Streets in conjunction with water main and storm drainage updgrades. This work will complete the improvements on S.E. 2nd Avenue. The water main and storm drainage improvements were installed by an in-house construction crew. The asphalt surface will be laid by Pavex Corporation as part of the street resurfacing contract after the limerock base is installed by Trio. Funding for the contract addition will be as follows: $ 2,975.50 from 442-5178-536-63.50 (W&S R&R/Water Main-SE 2nd Avenue) $16,600.00 from 448-5461-538-63.93 (Stormwater Utility/SE 2nd Avenue) $19,575.50 Recommend approval of the contract addition (C.O. #1) with Trio Development Corporation for the S.E. 2nd Avenue limerock base preparation. ref:agmemol4 Agenda Item No.: ~(~' AGENDA REQUEST Date: December 3, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 8, 1998 Description of item (who, what, where, how much) :Affached for Commission approval is an agenda request for a Contract Addition (C.C. #1) to Tdo Development Corporation on the above referenced Project. The scope of work includes pavement removal, grading and limerock base construction of SE 2nd St from SE 1st St to SE 2nd St in conjunction with water main and storm drainage upgrades (PN 98-80). The work will be completed utilizing unit prices for actual measured quantities per the unit pdces identified on attached Change Order #1. This work will complete the improvements on SE 2nd Ave. The water main and storm drainage improvements were installed by the in-house construction crew. The asphalt surface course will be laid by Pavex after the limerock completion above as part of the 1998 Resurfacing Contract (98-40). Funding Source is 442-5178-536-63.50 (Water Mains SE2nd) for $2,975.50; and 448-5461-538-63.93 (Drainage SE2nd) for $16,600.00 ORDINANCE/RESOLUTION REQUIRED: YE~DRAFT ATTACHED YES/~O~ Re co--ndation: Staff R e co r~r~ends a p~//f Change Order #~"1 City Attorney Review/Reconanendation (if applicable): Budget Director Review (~red on all items involving expenditure of funds): Funding available: ( YES/~O Funding alt ernativ~----~ Account No. & Description.~//~--/?~/ (if applicable) Account Balance __~ .... City Manager Review: Appr°ved f°r agenda: ~NO ~/~/Hold Until: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Const Date: December 3, 1998 Re: Rehabilitation of Lift Station 16 and 31A (Project 98-44) Contract Addition - SE 2nd Ave (98-80) Limerock Base Preparation Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Trio Development Corporation on the above referenced Project. The scope of work includes pavement removal, grading and limerock base construction of SE 2nd Ave from SE 1st St to SE 2nd St in conjunction with water main and storm drainage upgrades (PN 98-80). The work will be completed utilizing unit prices for actual measured quantities per the unit prices identified on attached Change Order #1. The amount of Change Order #1 based on the estimated quanities of the Change Order is $19,575.50. I believe that the prices are fair and reasonable for the scope of work performed. Only two bids were received for this work. Bids were also solicited from C.S Whiteside, RP Hamby, Kilbourne and Sons, E & N Contracting and Almazon Brothers Trucking. The only other bid received other than the one above was from Almazon for $21,715.00. The other firms did not submit a price due to their current work on hand backlog. This work will complete the improvements on SE 2nd Ave. The water main and storm drainage improvements were installed by the in-house construction crew. The asphalt surface course will be laid by Pavex after the limerock completion above as part of the 1998 Resurfacing Contract (98-40). Funding Source is 442-5178-536-63.50 (Water Mains SE2nd) for $2,975.50; and 448-5461-538-63.93 (Drainage SE2nd) for $16,600.00 file: 98-080 (A); 98-44 (A) CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1) PROJECT NO. 98-044 DATE: PROJECT TITLE: Rehabilitation of Lift Stations 16 and 3lA TO CONTRACTOR: Trio DeveloDment CorDoration YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all required labor, equipment and material for pavement removal, grading and preparation of sub~rade/limerock base in conjunction with SE 2nd Ave and Water Main Improvements (PN 98-80) per the following. Work to be constructed in accordance with the unit prices below and in accordance with plans/specifications by CDB Environmental Services titled 'SE 2nd Ave Water Main and Drainage Improvements' shts 1-4 dated July 1998. Final amount will be determined by actual field measured quantities. 1. Grading/Sub~rade/Limerock Base Construction 1,000 sy ~ $16.60 = $16,600.00 2. Finish and Prime Limerock ~ Utility Trenches 200 sy · $13.69 = $ 2,738.00 3. Add1 Limerock furnished for Utility Trenches 25 tn ~ $ 9.50 = $ 237.50 TOTAL $19,575.50 SUMMARY OF CONTRACT AMOUNT ORIGINAJ~ CONTRACT AMOUNT $245,938.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $245,938.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 19,575.50 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $265,513.50 PER CENT INCREASE THIS CHANGE ORDER 7.9 % TOTAL PER CENT INCREASE TO DATE 7.9 % date 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. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 448-5461-538-63.93 (SE 2nd St Drainage) for $16,600.00; and 442-5178-536-63.50 (Water Mains - SE 2nd Ave) DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, PLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK S~...~9844~c01 ATLANTIC AVENUE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mk~AGER~ SUBJECT: AGENDA ITEM ~'/' - REGULAR MEETING OF DECEMBER 8, 1998 CONTRACT ADDITION (C.O. #2)/JAM ROCK, INC. (SIDEWALK ON LAKE IDA ROAD FROM DAVIS ROAD TO CORAL WAY) DATE: DECEMBER 4, 1998 This is before the Commission to approve a contract addition (C.O. #2) in the amount of $8,881.50 and a time extension of seven (7) calendar days with Jam Rock, Inc. under the SW 4th Street/SW 6th Avenue Sidewalk Improvements contract. The additional work is for the construction of a sidewalk along the south right-of-way line of Lake Ida Road from Davis Road west to Coral Way. Funding for the additional work is available from 334-3162-541- 63.11 (General Construction Fund - Bikepaths/Sidewalks). Recommend approval of the contract addition (C.O. #2) with Jam Rock, Inc. for the construction of a sidewalk along the south side of Lake Ida Road from Davis Road to Coral Way under the Southwest Area Sidewalk Improvements contract. ref:agmemol5 Agenda Item No. o! AGENDA REQUEST Date: December 3, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: December 8, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve Change Order #2, a Contract Addition, in the amount of $8,881.50, and a time extension of 7 calendar days, to the construction contract with Jam Rock, Inc., for the SW 4th St/SW 6thAve Sidewalk Improvement Project (PN 98-009) for the construction of sidewalks along the south Right of Way line of Lake Ida Road from Davis Road to Coral Way.(PN 98-89) Funding is available from account No. 334-3162-541-63.11 (Bikepaths/Sidewalks). ORDINANCE/RESOLUTION REQUIRe': Not req~. Recommendation: Staff recommends the City Commission approve Change Order #2, a Contract Addition, in the amount of $8,881 ·50, and a time .e.x~nsion of 7 calendar days, to the, construction contract with Jam~, I..n~ .~,onst~ct~/of sidewalks at Lake Ida Road. /~ · / _~ c~ Department headslgnature: ~ ~'/~ '- ~'~~ ~Z - ~ L Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (r.,equ~d on all items involving expenditure of funds): Funding available. YES/~O __ _ Funding alternati~es_(if-ai3plicable): Account No. & Description ,.~ :~-. ~//~.~ - 5 r_// b_.-~.// 4, ;~f' Account Balance ..~ ~/-/.., ,~',~'.~. ~,-~' (.¢.,o ¢;~ /,P-~/,:~/q,,~' ~y'). City Manager Review: u Approved for agenda: ~/S/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~..A98009~agreq1117 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight Dep Dir ConstWction Date: December 3, 1998 Subject: Change Order #2 (Contract Addition) SW 4th Street/SW 6th Ave Sidewalk Improvements Project No. 98-009 Attached for City Commission approval is C.O. #2, a Contract Addition, in the amount of $8,881.50, and a 7 calendar day time extension, to Jam Rock, Inc., for the construction of sidewalks along the south Right of Way line of Lake Ida Road between Davis Road and Coral Way (PN 98-89). The proposed sidewalks will "ffil in" a +/- 500' gap to connect existing sidewalks. The values represented below correspond to the unit prices approved by this sidewalk contract. A list of items with a brief description of each is presented below. Item #1 & 2 (per contract) Maintenance of Traffic & Clearing and Grubbing: Lump Sum. $3,550.00 Sprinkler Allowance $ 500.00 Item #3 (per contract) 5' Concrete Sidewalk, 4 inch thickness: S.F. unit price of $2.02, approximately 2175 Square Feet. $4,393.50 Item #7 (per contract) Sodding: S.F. unit price of $1.46, approximately 300 Square Yards. $ 438.00 Total for Change Order #2 $8,s81.50 Staff recommends approval of Change Order #2, a Contract Addition, in the amount of $8,881.50, and a 7 calendar day time extension, to the contract with Jam Rock, Inc., for the installation of sidewalks along Lake Ida Road. Funding for Change Order #2 is available from account No. 334-3162-541-63.11 (Bikepaths/Sidewalks) Project File 98-009 (A) 98-089(A) Esd...\98009\COlmem1117 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two (2), Contract Addition PROJECT NO. 98-009 DATE: 7 PROJECT TITLE: SW 4~ St/SW 6th Ave Sidewalk Improvements TO CONTRACTOR: Jam Rock, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of vadous revisions to the plans and specifications to the SW 4th StJSW 6th Ave Sidewalk Improvements Project as outlined below for the construction of sidewalks along the south Right of Way Iline of Lake Ida Road per plan sheet I of 1 dated July, 1998 titled "Lake Ida Road Sidewalk Improvements". Per contract unit pdces: Item #1 & 2: Maintenance of Traffic & Clearing and Grubbing; Lump Sum ..... $3,550.00 Sprinkler Repair Allowance $ 500.00 Item #3: 5' Concrete Sidewalk, 4 inch thick; $2.02/sf unit pdce ..... $4,393.50 Item #7 Sodding, $1.46/sy unit price ..... $ 438.00 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $92,345.15 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $14,853.90 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $107,119.05 COST OF CONSTRUCTION CHANGES THIS ORDER $8,881.50 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $116,000.55 PER CENT INCREASE THIS CHANGE ORDER 9.5 % TOTAL PER CENT INCREASE TO DATE 25.5 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 7 CALENDAR DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the pdces quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-3162-541-63.11 (Bikepaths/Sidewalks) DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR CITY MANAGER A'I-rEST: APPROVED: By: CITY A-I-I'ORNEY CITY CLERK s:~...\96062\col R3~INBER, RY N.W. 22~D N.W. 20TH AVE. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM - REGULAR MEETING OF DECEMBER 8, 1998 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (MILLER PARK NORTH FIELD RE CONS TRUCT I ON) DATE: DECEMBER 4, 1998 This is before the City Commission to approve closeout Change Order #1 in the amount of $1,940.00, and final payment in the amount of $7,566.50 to Marine Engineering Contractors, Inc. for completion of the Miller Park North Field Reconstruction project. The change order reflects adjustments for miscellaneous plus/minus quantity changes and resodding around the existing ballfield infield at the south end of the park. Funding will be from 334-4173-572-63.73 (General Construction Fund - Miller Field Grading). Recommend approval of the closeout change order and final payment to Marine Engineering Contractors for the Miller Park Reconstruction of North Field project. ref:agmemol6 Agenda Item No. ~(.~'- AGENDA REQUEST Date: December 3, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: December 8, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve doseout Change Order #1 in the amount of $1,940.00 to Marine Engineering Contractors, Inc. for the Miller Park Reconstruction of North Field (PN 97-38). The Change Order is for miscellaneous plus/minus quantity changes and resodding around existing ballfield infield at the south end of the park. A request is also made for final payment to be made to the contractor in the amount of $7,566.50. A Contrtactor's Project Performance Report is attached for review. Funding is available from 334-4173-572-63.73 (Miller Field Grading) ORDINANCE/RESOLUTION REQUIRE~D: Not require~l. Recommendation: Staff recom~o.~nds the City Commis~5~approve the closeout Change Order #1 and final payment to Madne Erig~heed~~ctor~l I~c~// D epartmenthead signature: ~).~ ~_ ,~//~ .. {/~~ '2--~-~k'' /~L_...--~ ,/ Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (re.~.~r.~d on all items involving expenditure of funds): Funding available: E~O Funding altematives~if appli~a-~l~. Account No. & Description ~.:~5~ - ~/TJ ~7~ -~ ~ ~, I1~ ~~~,~1 Ac~untBalance ~ ~/, Ci~ Manager Review: ApprovedHold Until:f°r agenda: ~NO Agenda Coordinator Review: Re~ived: Plaid on Agenda: AMion: Approved/Disapproved Memorandum To: David T. Harden, City Manager From' Howard Wight, Dep Dir Construction Divi~,~ Date: December 3, 1998 Re: Miller Park Reconstruction of North FieldProject 96-12) Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Marine Engineering Contractors, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for the original Contract. Also included is additional regrading and resodding at the perimeter of an exisitng ballfield infield. All of the changes/adjustments are per Schedule "A" attached to the Change Order. The amount of Change Order #1 is a net add of $1,940.00. Also attached for Commission approval is an agenda request for final payment to Marine Engineering Contractors, Inc. in the amount of $7,566.50. A Contractor Evaluation is attached for your review. Funding Source is 334-4173-572-63.73 (Miller Field Grading). CC:Joe Weldon 9738A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 97-38 DATE: PROJECT TITLE: Miller Park Reconstruction of North Field TO CONTRACTOR: Marine Engineering Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final Plus / Minus changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $158,700.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $158,700.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 1,940.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $160,640.00 PER CENT INCREASE THIS CHANGE ORDER 1.2% TOTAL PER CENT INCREASE TO DATE 1.2% 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. Marine Engineering Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-4173-572-63.73 (Miller Field Grading) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmenatl Servicesa Mayor ATrEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF DECEMBER 8, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: DECEMBER 3, 1998 Attached is the Report of Appealable Land Use Items for the period November 30th through December 4, 1998. 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. City Commission Documentation Appealable Items Meeting of December 8, 1998 Page 2 D. Approved with conditions (5 to 0), the site plan (Class V), landscape plan and architectural elevation plan for Villas Delray, a mixed-use project consisting of 2,400 sq. ft. of offices and 6 apartment units, located at the southeast corner of NE Ist Street and NE 4th Avenue. Concurrently, the Board approved the following waivers: Reduced the required right-of-way width for NE 1st Street from 55 feet to 50 feet; and, Reduced the required perimeter landscape strip on the north side of the parking area from 5' to 3.5' and eliminated the required 5' landscape strip on the south side of the parking area. 1. Approved (5 to 0 Hurlburt absent, Turner left meeting), a request for a Certificate of Appropriateness, site plan modification (Class III), landscape plan and architectural elevation plan for Dittman/Federspiel Office Building, a proposed 3,668 sq. ft. office building to be located at the southeast corner of Martin Luther King Jr. Drive and NW 1st Avenue. 2. Continued (5 to 0), a request for a Certificate of Appropriateness associated with the construction of a two-story addition on the rear of a contributing single family residence located at '123 NE Ist Avenue. The Board requested that the applicant reconfigure the roof line of the proposed addition. 3. Approved (6 to 0, Turner returned), a request for a Certificate of Appropriateness associated with the construction of a 832 sq. ft. addition and a covered porch to the rear of an single family residence, located at '123 SE 7th Avenue. No other appealable items were considered by the Board. However, the following non- appealable item was considered by the Board. · Granted a variance on a 6 to 0 vote to reduce the required parking spaces from 5 to 3 spaces for Dental Invisions, a proposed mixed use building (dental lab/residential), located on the east side of Dixie Boulevard, approximately 300 feet south of George Bush Boulevard. The variance was subject to conditions regarding the occupancy of the structure. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR ~u,, S"REA',' RL*. CITY COMMISSION MEETING OF DECEMBER 8, 1998 L-30 CANAL LAKE IDA ROAD L ...... N.W. 2ND ~-.'--"-~.~lr ._.j~-'-Ii ATLANTIC S.W. 2ND ~ .I-' ! Ii i u ill ..... _i LOWSON BOUL£VARD LIN TON BOULEVARD . I i L-38 CANAL C-15 CANAL C~T~ L,M,TS ........... S.P.R.A.B.: H.P.B.: A. - IRISH COTTAGE PUB & GRILL 1. - DITTMAN/FEDERSPIEL OFFICE BUILDING B. - TEXAS STATE OF MIND BARBEQUE 2. - 125 N.E. 1ST AVENUE I 1 M~LE I C. - PINEAPPLE CENTER 5. - 123 S.E. 7TH AVENUE I I D. - VILLAS DELRAY SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- O/G/IA/. ~45E t,t.4P ..,cYSI'EM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF DECEMBER 8, 1998 AWARD OF BIDS AND CONTRACTS DATE: DECEMBER 3, 1998 This is before the City Commission to approve the award of the following bids and contracts: (1) Bid award for group health insurance benefits to Florida Municipal Insurance Trust for the policy period March 1, 1999 to February 28, 2001 (2-year contract), at a total projected annual cost of $1,937,306; together with approval to extend the current United HealthCare contract for one month from February 1, 1999 to March 1, 1999, to allow sufficient time for the enrollment process. (2 Purchase award in the total amount of $25,336.80 to Club Car, Inc. for five (5) Carryall II golf utility carts to replace existing carts that are 9-15 years old, with funding from 445-4761-572-64.90 (Municipal Golf Course - Other Machinery & Equipment). (3 Bid award in the estimated annual amount of $55,881.35 to Harrison Uniform Company for the purchase of uniforms for the Police Department, with funding from various divisions' line item 52.22 (Uniforms/Linen Services). (4 Funding approval in the total amount of $78,850 for 6-month contracts with two contract employees in the MIS Division as follows: $43,150 to Comtex Information DBA Norrel Information for the position of Senior Programmer/Analyst and $35,700 to RHO Consulting for the position of Network Engineer, with funding from 001-1811-513-31.90 (MIS/Other Professional Services) through budget transfer. (5 Grant award through the HOME Investment Partnership program in the amount of $11,807.25 to Henry Haywood for the rehabilitation of a single family housing unit at 926 S.W. llth Terrace, with funding from the 1997 unencumbered balance of 118-1923-554-49.19 (HOME/Housing Rehabilitation). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: ~/ AGENDA REQUEST Date: 12/4/98 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 12/8/98 Description of agenda item (whQ, what, where, how much): Bid award for Kroup health plan ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Finance Director recommends approval of health plan Florida Municipal Investment Trust for a two-year contract period. Head S : h ~pre~e/~--~n Determination of Consistency wit sire Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~ NO ~/~/I Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To: David T. Harden, City Manager From: Joseph M. S~ Director Date: December 4, 1998 Subject: Group Health Insurance Bid Award- Florida Municipal Insurance Trust We are requesting the City Commission approve a bid award for our group health insurance benefits to Florida Mumcipal Insurance Trust for the policy period March 1, 1999 to February 28, 2001 (2-year contract). This would mean that we also need to extend our current United HealthCare contract for one month from February 1, 1999 to March 1, 1999 to allow sufficient time for Risk Management to administer the enrollment process for the new cartier. Bids for the group health insurance were received November 3, 1998. Our agent of record, The Gehring Group, reviewed the bids and presented a preliminary spreadsheet comparison on November 10, 1998. The Gehring Group also conducted a survey of all active City employees to develop a list of desirable doctors. The survey resulted in 524 individual requests. This listing was provided in our bid package to determine a percentage match in the respondent network of doctors. The final spreadsheet comparison and the listing of network survey results are attached to this memorandum for your review. Initially, we selected two (2) finalists, United HealthCare and Florida Municipal Insurance Trust since these carriers satisfied 79%-82% of our doctor network survey results while the remaining bidders only supplied 34%-37%. There would no reason to consider carriers that had no reasonable network of physicians in our area regardless of costs. Florida Municipal Insurance Trust (FMIT) was selected as the recommended finalist for the following reasons: 1. FMIT has a network of physicians, chiropractors, and specialists that satisfied 79% of our employee survey 2. FM1T rates represent a 3.7% increase over present total costs 3. FM1T rates are guaranteed for two (2) year term with no increase in second year 4. FMIT recommended by our Agent of Record as having excellent service reputation 5. FM1T submitted excellent financial statements, no qualifications We therefore would submit Florida Municipal Insurance Trust for approval at the rates submitted in their bid document. The total projected cost, given the assumed number of units in given categories, would be $1,937,306 compared to a present premium of $1,868,569 (see attachments). IT r Present Health Insurance Costs (United HealthCare of Florida, Inc.) Monthly Annual Cost Premium Monthly Rates per month HMO No. of Units Cost Employee 158.89 178 28282.42 Employee + Family 376.54 93 35018.22 63300.64 POS Employee 169.98 283 48104.34 Employee + Family 402.81 110 44309.10 92413.44 155714.08 1,868,568.96 Proposed Health Insurance Costs (Florida Municipal Insurance Trust) (Gold Plan) Monthly Annual Cost Premium Monthly Rates per month POS No. of Units Cost Employee 165.72 461 76396.92 Employee + Child(ran) 306.59 45 13796.55 Employee + Spouse 354.65 50 17732.50 Employee + Family 495.52 108 53516.16 161442.13 1,937,305.56 Current Monthly Rates Proposed Monthly Rates Rates per month HMO Employee 180.75 n/a Employee (+1) 160.00 n/a Employee (+2) 210.00 nla Employee (+3 or more) 235.00 nla POS POS Employee 180.75 180.75 Employee (+ 1) 175.00 165.00 Employee (+2) 225.00 215.00 Employee (+3 or more) 250.00 240.00 Note: Florida Municipal Insurance Trust bid is guaranteed for two (2) policy years. Employees in new plan will all have POS benefits (open access, no gatekeeper) Present employees in HMO will have $5.00 per month increase in premium rates. Present employees in POS will have $10.00 per month decrease in premium rates. HE'ALTH CARE COSTS The 1998 Florida Survey Results ~ Aon Consulting HIGHLIGHTS or eight consecutive years, Aon Consulting has con- OF THE 1998 SURVEY ducted a survey of health care costs and other related benefit programs for our clients and friends. As a leader · in the employee benefit industry, Aon Consulting is constantly striving to monitor the pulse of the industry, Responding to watch the market intently, and to keep abreast of Companies Profile legislative and statutory issues that may have significant impact upon our clients and their revenues. Since 1990, this survey has by Industry been an important tool in our assessment of the employee benefit environ- Communications ................3% ment, and we sincerely thank those of you who took the time and effort to Government ....................... 18% provide us with the data. Education ........................... 9% We hope you find the information presented here to be useful and that it Health Care ........................ 10% will aid you in your future planning for your employees and the company Professional Services ........... 7% you represent. Transportation .................... 4% Manufacturing ..................... 5% Financial Services ................ 5% Wholesale/Retail ................. 11% Other ................................. 28% by ·umber of Employees Overview of Aon Consulting ~ess than 50 ....................... 13% 51-100 ................................ 13% · Aon Consulting is one of the largest and most 101-300 .............................. 20% comprehensive employee benefit, compensation, and 301-600 .............................. 19% human resource consulting firms in the world. 601-1,000 ............................ 9% International in scope, we have over 130 employees 1,001-5,000 ........................ 22% throughout Florida, with offices in Jacksonville, Miami, 5,001 + ................................ 4% and Tampa. by Organizational · We have the expertise and experience to help you organize, Struoture address, and solve the most complex human resources, Unionized .......................... 33% employee benefits and compensation issues. From plan Nonunion .......................... 67% design to communication and administration, service is For Profit ............................ 57% our priorityBand providing you with effective solutions is Not-for-profit ..................... 43% our only goal. · For more information about the Health Care Costs Survey or about 401(k), flexible benefits, or any other human resource or benefits-related issues, please call one of the offices listed in this survey. Florida Employers Offer More Managed Care Plans Offered by Employers For the fourth consecutive year, Florida employers offered more managed care options to employees. In Indemnity 1998, 64% of Florida employers offered either one or Only more HMO plans, and 33% offered a Point of Service (POS) plan; in total, 97% of 1998 Florida employers 66% offered a combination of HMO and POS plans as PPO Available compared to 85% in 1997. ~'98 Indemnity plans sponsored by 26% of Florida employ- HMO '='97 ers in 1995 are offered nov`, by only 16% of employers. Available ='96 Only 10% of employees elected this type of plan. Point-of- Service Preferred Provider Organization (PPO) plans were Available offered less often than in the years past with only 66% of employers offering this type of plan compared to 73% in 1997. There continues to be strong employee "' :~Svera"e_ .: " ercen*a-e of participation in PPO plans--slightly higher in 1998 than in 1997--but employer sponsorship for these Enrollment by Plan plans in the past two years has decreased. For the most part, employees continue to elect an HMO plan. Forty-eight percent of employees choose Indemnity either a lov,, option or higher option HMO plan. 29% As for Point of Service plans, both employer sponsor- PPO ship and employee participation for the past two years remains relatively small. HMO I -'97 One of the observations of the survey results is many more employers are offering choice through multiple HMO II plan options. Many employers nov,, couple high option and low option HMOs and PPOs or Point of Service 13% POS plans. Choices among managed care plans seem to result in greater employee satisfaction. As for the employee population who opts out of a company plan, that percent is 17%--much the same as Deductible 1996 and 1997. This year our survey included a ques- Distribution(%) tion regarding the number of employers who offered a cash incentive to those employees who did not partici- pate in the health care program. Five percent (5%) already offer this option to employees, with another ~,gs 1% considering this choice. ,~''97 $100 $150 $20o $250 $300 $400 $500 $500 or more 3 'Monthly what else is significant? Average Costs In 1998, 52% of employers had plans with a $250 or lower annual deductible. Employers continue to make Enlployer Pltln ~ minor adjustments in the deductible which primarily Employee Employee Employee Employee impact indemnity, PPO and POS plans. Employees have + One + Children + Family recognized the fact that they can avoid the deductible Indemnity- '97 $188 $382 $369 $524 to a significant degree by utilizing the in-network Indemnity-'98 $199 $431 $451 $579 portion of the plan. PPO-'97 $186 $382 $356 $493 AIId~ WhO dO the employer plsns coverP PPO - '98 $199 $385 $418 $501 POS-'97 $164 $348 $374 $461 For the first time, in 1998 we asked how many employ- POS- '98 $171 $336 $342 $454 ers were offering benefits to domestic partners. Fifteen HMO I- '97 $157 $318 $312 $427 percent (15%) of employers responded affirmatively. And as for new hires, 53% of employers require them HMO I - '98 $165 $332 $328 $426 to wait 90 days or more before receiving benefits, HMO II - z)7 $151 $314 $266 $392 while only 13% offer benefits to new employees on the HMO II - '98 $159 $326 $316 $417 first day of hire. 1998 Average AII Plans $179 $362 $371 $475 Speaking of Costs... Increase Reported 1997 1998 For more than a year, many health care consultants Indemnity ................................................ 7% 6% predicted the beginning of a rise in costs after a few PPO .......................................................... 6% 7% years of fairly modest--and even flat--increases. That POS .......................................................... 4% 4% prediction seems to be coming true. When asked the HMO ........................................................ 4% 5% percentage change in costs, repondents said they did indeed rise, on average between 4% and 7%. The actual Employee Costs blended numbers are misleading; the raw data shows Employee Employee Employee Employee that some employers have been hit with much higher + One + Children + Family (even double digit) increases, while others escaped Indemnity-'97 $49 $148 $171 $235 with little to none. Possibly, employers who avoided Indemnity -'98 $52 $172 $169 $242 increases in 1998~with new HIPAA mandates and mental health parity--will have their turn at experienc- PPO - '97 $40 $146 $127 $188 lng increasing costs as well. PPO- '98 $39 $156 $158 $265 POS-'97 $35 $142 $159 $194 #ow have employers responded to these POS - '98 $66 $171 $173 $235 lll~reasOd~ d~osts? HMO I -'97 $33 $121 $120 $161 A look at the employee contributions required of HMO I- '98 $37 $145 $137 $234 health care plans shows that employees themselves HMO II -'97 $49 $100 $96 $176 received only a modest increase (or none at all) in HMO II -'98 $29 $117 $111 $211 payroll withholdings for their coverage, but those who covered dependents experienced a much larger bite The amounts vary by plan and by the size out of their paycheck. For example: of the employer, but across all plans, the average amounts of monthly employee Payroll Costs - HMO II 1997 1998 contributions are as follows: Employee only $49 $29 1997 1998 Employee and family $176 $211 · Employee $42 $45 · Employee + one $131 $152 The cost for the employee actually went down, while · Employee + children $147 $150 the employee who added family coverage experienced · Employee + family $178 $237 a large increase. 4 Besides asking more'cpgt-sHaring from employee Health Plan Cost As a contributions, what else did employers do to control Percentage of costs? Actually, only 36% reported modifying or chang- ruyro. lng plan design to reduce costs; this figure is probably low due to the fact that so many employers have // ~ already used this approach in years past. 0 - 5% ' 29% Looking at the out-of-pocket maximums (table below) shows where much of the change has taken place. 5.1 - Out-of-pocket Maximum 1997 199B 7.9% Under $1,000 ................................... 21% 18% 8 - 9.9% ..96 $1,000- $1,499 ................................ 42% 30% -- $1,500- $1999 ................................. 20% 23% $2,000 or more ................................ 17% 29% 10% + So, while employers kept co-pays and per admission deductibles low, they seemed to be willing to seek Maximum additional cost-sharing from those employees who vu,-o,-pocRe. utilized the plan to a greater degree through a greater out-of-pocket maximum, particularly in non-network situations. ~.98 m '97 $5 or $10 physician co-pay ....................... 83% ..96 $100 a day hospital co-pay ....................... 65% 30% What do these plan costs represent? When compared to payroll, 81% of employers reported medical plan costs to be less than or equal to 10% of payroll. This is a larger percentage than in 1997, when <$1,000 $1,00o-$1,499 $1,500-$1,999 $2,000 + only 71% of employers spent 10% or less of payroll on medical plan costs. This could be interpreted in cwo Plan Changes Designed ways: either payroll costs have risen higher than medical plan costs, or the cost-shifting of dependent- to Modify or Redistribute Costs related costs has had a positive impact on this comparison. 1996 1997 1998 Increased Deductible 21% 25 % 5 % Another interesting note in this year's survey con- Increased Out-of-pocket 9% 23% 5% cerned office visit co-pay amounts. This year, 42% of Increased Employee employers reported offering plans with a $5 co-pay; 42% is a much higher percentage than we would Contributions 38% 56% 21% expect from our client population, and a significant Increased Employer increase from 1997 and 1996, Perhaps this anomaly Contributions 20% 42% 18% can be explained by a different sample group or the Increased Waiting Period 7% 2% 3% fact that more employers offered high and low option Added HMO Plan 12% 21% 9% HMOs. Added PPO Plan 5% 14% 2% Physician Co-pays 1996 1997 1998 Added POS Plan 11% 22% 8% Added Per-admission $5 or less ....................... 20% ......... 12% ......... 42% Deductible 4% 3% 5% $10 ................................. 55% ......... 59% ......... 41% Carved out Mental/Nervous $15 or more ................... 25% ......... 28% ......... 17% Benefits N/A 3% - 0 - Added Mail Order Prescription 14% 13% 8% Other N/A 2 7% 15 % 5 HIPAA .,. How Has This Legislation Plan Design Options Impacted Employers? ~ Truthfully, most employers do not yet know what Prescription 92% Card impact HIPAA will have on themmnot in terms of potential costs, and not in terms of administration. El! Assistance 67°/°] Ninety-one percent (91%) report not knowing what the Program potential costs will be, or they report expecting it to Wellness 46% have no impact. And yet, of our survey group, we find Program the following: · 31% of employers have eliminated preexisting Vision 64%1 condition exclusions, Coverage ;_5~"95 · 53% of employers have adopted less Retiree 42% m '97 ~ limited preexisting rules, and Coverage i m '96 · 35% of employers have eliminated evidence of Retiree Coverage ~ insurability requirements. Employer Paid These changes, taken together, have exposed their ~--- ss°ri plans to adverse selection. We would expect that this Mental/Nervous & Alcohol/Drug ~~ :"~;~q may have a negative impact on rates in the next few · years. Section 125 PLan Other plan changes resulting from the Mental Health Parity act also show the following: Seotion 1 2SFlexible · 36% of employers have elinfinated mental health dollar maximums only, I nefit Plans · 21% of employers eliminated mental health and substance abuse dollar maximums, and · 39% of employers replaced mentalhealth dollar maximums with limitations on visits. ~1995 ! AS for the certificates of coverage mandated by HIPAA, 80//0 :~'1997 ~ 40% of employers are producing them internally along N/A 1% 5% , with their COBRA notification forms. Another 27% of I ! ! ~ employers have their medical plan administrator / · produce them, and 33% are outsourcing this function Have in place In process of Considering Not consider- with their COBRA or enrollment administrator. installing one one {cng one Administration What About Retirees ,,, Forty-two percent of employers report offering some form of retiree coverage; of those, 20% actually con- / tribute to this coverage and another 19% offer a Medi- Insurance care HMO. To address the many issues inherent in Carrier retiree medical coverage, the Balanced Budget Act of / 1997 created a new Medicare Part C, commonly known i 29% !~'9~ as Medicare +Choice. These new programs will be Administrators i,,'96 available beginning in January, 1999, and offer a signifi- cant opportunity for employers with retiree medical '~/! 16%L obligations to lower their FAS 106 liabiliD: More infor- PPO or HMO~ mation regarding these new options will be released over the next few months. 6 Administration Term Ufe Insurance carriers dominate the administration of plans. Fifty-six (56%) of our respondents use this type ...... of vendor to run their plans, which includes carriers who have initiated or acquired HMOs. ~ '98 And though carrier-produced materials are still the predominant communication materials used, we are beginning to see more and more use of the internet and intranet to enroll and communicate benefits. In 1998, 16% of employers reported using this medium to .~~ <1% communicate while 34% continued to use employee handbooks, 23% used company newsletters and 28% Multiple of Job Class Flat Base Amount Based used payroll stuffers. As for enrollment, 73% of em- Base Salary Schedule Amount on Length of ployers are using carrier-produced enrollment forms, Service while only 20% are producing their own custom forms. Carrier enrollment forms ............................. 730/0 u,sa.mt¥ Custom enrollment forms ............................ 20% Scannable enrollment forms ......................... 1% PC enrollment ................................................ 3°/0 W 23% - No Telephonic enrollment ................................... 30/0 ~ 77% - YES LONG-TERM SHORT-TERM ~lm DISAB~Lrn' DisABlld'rY Income Protection Benefits Remain Popular ,gs- DisabilitYoffered? Plan If yes, Long-Disability?or Short-term Our survey shows that in 1998, income protection benefits are still widely used and appreciated. Most ~ 12% - No commonly offered is life insurance, with 98% of em- ~ LONG-TERM ployers offering a core level of benefit and 65% offer- ~'~ 88%- YES DI,.~IIiBII. XF~ SHOffT-TE~M lng the employee the opportunity to purchase more. ~" DiS~lt.n~ The most popular benefit level is a percent of salary (77%), followed by a flat base amount (17%). '97 - DisabilitY Plan If yes, Long- or Short-term Disability plans remain widely used as well. with 77% Offered? DisabilitY? of employers offering either a short-term or a long- term plan, or both. Dental Plans Other Ancillary Programs Just as life and disability programs have remained highly utilized as an employee benefit, so has dental. ~:;9~' Eighty-nine percent (89%) of employers offer at least !61% -..97 one dental program. Most common is the straight as indemnity plan; however, prepaid and PPO plans continue to be used due to their low cost. IndemnitY Prepaid Preferred Provider 7 Jacksonville, Florida Use of Other Employee Benefit Thomas D. (Tom) Roebig Programs Still High 904.724.2001 The ability to choose benefits that are appropriate to 9000 Regency Square Boulevard them continues to be of paramount importance to Jacksonville, FL 32211-8100 employees. Employers--recognizing this need to enhance employee well-being and productivity by offering comprehensive, employee-friendly benefits-- Miami, Florida are offering a wider and more diverse mix of benefit Colin P. D'Arcy · 305-961-5900 selections from which their employees can choose. 1001 BrJokell Bay Drive In 1998, employers continued to offer additional Miami, FI. 33131 benefits to enhance employee choice. Our survey respondants included: group universal life ................................. 32% Tampa, Florida optional term life .................................... 65% John W. McFadden · 813-636-3000 dependent care spending accounts .......... 360/0 7650 West Courtney Campbell medical care spending accounts ............. 35% Causeway · Suite 1000 group legal services ............................... 110/0 Tampa, FL 33607-1462 long-term care ........................................ 11% Additionally, employers are enhancing work environ- ments by using casual dress days (78%), time-off "banks" combining sick, vacation and/or personal days (26%), and by offering benefits to part-time employees (41%). Forty-six percent of employers are utilizing some kind of wellness initiative in their employee benefits program. Employers who give their employees the power to choose their own benefits realize increased productiv- ity, reduced turnover and absenteeism, and improved morale. Plus, offering employee-friendly programs greatly enhances a company's public image. For more information regarding this survey, please csll one of our local offices. Aon Consulting · Agenda Item No.: AGENDA REQUEST Date: 11-30-98 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: 12-8-98 Description of agenda item (who, what, where, how much): Approve the purchase of five (5) Carryall II utility golf carts to replace existing carts that are )-14 years old from Club Car Inc. in the amount of $25,337.00 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend Approval Department Head Signature: '~~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure Funding alternatives: (if applicable) Account No. & Description: ~+g-q-~(--~qp_-c~..9~ City Manager Review: Approved for agenda: / NO Hold Until:. Agenda Coordinator Review: Received: Action: Approved/Disapproved [IT¥ JIF I]ELRR¥ BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 1993 TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager DATE: November 30, 1998 SUBJECT: Agenda Item - City Commission Meeting December 8, 1998 Bid Award - Carryall Utility Carts ACTION City Commission is requested to approve the purchase of five (5) Carryall II golf utility carts from Club Car Inc. to replace existing carts. Two (2) of these vehicles will be purchased for $4,824.60 each per the terms of our golf cart lease purchase and three (3) will be purchased for $5,229.20 each from GSA Contract # G.S. 07F-8745D. The total cost is $25,336.80 with funding to come from the Municipal Golf Course Capital account #445-4761-572-64.90 (other machinery and equipment). BACKGROUND Five (5) vehicles are being proposed for purchase to replace existing vehicles that are 9- 15 years old. Once the new vehicles are purchased, a transfer of two of the better remaining vehicles will be transferred to Lakeview Golf Course. RECOMMENDATION Staff recommends the approval of five (5) Carryall II Golf Utility carts from Club Car Inc. as follows: Two (2) at $4,824.60 each per terms of our golf cart purchase and three (3) at $5,229.20 per GSA Contract # G.S. 07F-8745D for a total of $25,336.80 with funding to come from the Municipal Golf Course account # 445-4761-572-64.90 (other machinery and equipment). cc: Brahm Dubin U:RANGEL/RAB Agenda.mem THE EFFORT ALWAYS MATTERS ~21~...~'. ,~ Golf& Tennis Management, Development& Consultation INTEROFFICE MEMORANDUM TO: BOB BARCINSKI ~0J/ FROM: BRAHM DUBIN ~. ".~:: o ; SUBJECT: UTILITY VEHICLe/ ~z:;~ DATE: 11/19/98 CC: SHARON PAINTER TOM ARENDT Attached please find a letter and proposal from Club Car Inc. for five utility vehicles. Please note that three vehicles are based on GSA contract prices, which can be piggybacked. The other two quoted at $4824.60 are discounted based on the recent purchase of 80 golf cars for Delray Beach Golf Club. The lease purchase often is based on an interest rate of 5.75%. As previously mentioned, this item is budgeted for fiscal year 98/99. I hope that we can proceed with this in the near future. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-1843 11/12/98 16:47 ~ 48?2869910 CLUB C~R-E. FL 02 ~01 8.E, ~t~ ~tr~t Stu~, F~lda 34997-57~ T~I Fr~ 1-~8~ No.tuber 12, 1~8 Mr, Pr~m ~bia ~bin ~ ~s~iates Debay B~ Fla, D~r Brahm. Enclo~ is ~ ~rc~ and leas~pu[chase qu~ion for five new Ca~ll vehicles, spoke with Tom ~endt at t~ay's ~olt'~r deliver, He advised mc of'his utility vehicle ~ds. w~ch are rcfle~ in the quotation. ~1 of the pricins qum~ is bas~ on Club Car's ~t GSA (Govemmem Sewices Adm.) comract, ~e~orc the city shoutd have no a~rsion to"pi~y backJnS" this contras. ~e I~purchase qumation is based ~ an int~st rae of 5,75%, which is As~te's ~rrent muai~i~l rate, Brahm, pi~se c~l should you have any que~ions, ]f y~'d like to proceed with an order, pl~. sisn the relevant q~taion ~d r~um ~ [o me by facsimile st 561-286-9glO. And by the way, the 8oif~ deli~e~ went ~trcmely well, ] appr~iate ~11 o~the ~lp prov~ by Bm~ ~d the rest o~the Club ~r E~t Florida CLUB CAR IN~EI~DLL4~AND QUOTATION ® Reference No. 3301 S. E, Slater Street · Stuart, Ftorida 34997-5706 · Telephone (561) 286-9904 · FAX I561) 286-9910 PREPARED FOR: Delray Beach Golf Club DATE OF QUOTE: November 12, 1998 Delray Beech, Florida SALES PERSON: David Kelly WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION: UNIT EXTENSION QUANTITY DESCRIPTION PRICE PRICE 2 1999 Carryall l! Gasoline utility vehicles $4,824.60 $9,649.20 3 1999 Calm/ell II Plus Gasoline utility vehicles $5,229.20 $15,687.60 equipped as follows: 5 Cargo Bed~ Incl. Incl. 5 sets Power Ribbed Tim; Incl. Inc/. 5 Freight end Installation lnd. Ind. TOTAL COST Net 30 Days Delray Beach, Florida January 1999 I Club Car Truck Prices quoted ere those in effeot at Ihs tittle of q[Jolation and are gusrenteed subject to acceplence within /~"' days, Applicabte state or local taxes not included. All credit tetris rrlu$! be appr~v®~[~by CLUB CAR, INC. prior to delivery. CustolTmr Io .~ubmit required credit information fo~ credit apl3mvaL Delivery lead time of -~' to ~' wool(s normally required. ccu Accepted By: -,,,,,,.--,,, / ,..... _~ Company: By' ~ ............ Title: Tit;e: ~ ~ Date: Thank you for your interest in our products. Mi~' g~,f111-I J-1/1 1:/t2/9~ 16:48 ~lray Beach, Florida ~C~ CI~ ~s p~ fu~ing ~u~, A~s Laming, Inc., p~ses to lea~ ~ ~1~ ~a~ ~ CI~ (5) n~ 1~ ~1 ~b~ ~ A~ L~, I~.'s ~1 ~ a~l. ~L PAY~ (12 M~y Pa~ ~ Year) ~TE P~R CAR PER ~HTH 48 $11 e~ by ~ pa~es. U~n ~1~ all t~s and ~i~s of ~s ~m~e~, ~e ~uip~nt ~~ p~~ ~ ~ ~C~b ~$1.~. ~~~ ~s~, Mi~ f~s, s~mps or any ~er ~a~ ~ ~ ~ ~ ~ umn ~1~ of ~ a~ q~ mt~ ~ ~1~ for a~~ ~in 15 days. ~y ~ ~ ~ub C~b Car, Inc. ~: T~: T~e: ~e: Dm: To: Bob Barcinski From: Brahm Dubin Oal~: 11/I 1198 R~: Replacement of Utility Carts CC: Sharon Painter Tom Arendt Presently we have 12 utility vehicles between Lakeview and I~lray Beach Golf Club, as follows: Condition Excellent 2 Club Cars Purchased 1998 Average 4 Glub Cars Leased December 4, 1994 as per attached Poor I Club Car provided free with fleet purchase, December 4, 1994 (Used to push rallge picker) Junk 1 Club Car 9 years old J~,ok 3 EZ Go over 15 years old Junk J Cushman Tractor Approx. 14 years old Our needs are as follows: Tom Arendt DBGC 1 Tom Gynn LKVW 1 Range Picker DBGC 1 Irrigafion/GC Asst_ Supenntendent DBGC 1 IxrigationfForman LKVW 1 Common Area DBGC I GC Maintenance LKVW 2 GC Maintenance DBGC 12 Therefore, we are requesting five utility vehicles. Pleas~ note that we lensed four utility vehicles on December 5, 1994 for 4 years and intended to receive two new utility vehicles with the current purchase of our 80 golf car fleet. In addition our budget (as per attached) calls for us to lease five club cars ~ $452.92/per month. Therefore, we are requesting that we lease ~s. per budget five additional utility vehicles as soon as possible_ Agenda Item No.: ~3 AGENDA REQUEST Date: December 01, 1998 Request to be placed on: Consent XX Reg~rl-~r Agenda Special Agenda Workshop Agenda When: December 08. 1998 Description of agenda item (who, what, where, how much): Bid Award - Bid #98-63 - Purchase of uniforms for the Police Department. Award to low bidder, Harrison Uniform Company. at an estimated annual cost of $55~88].35. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Harrison Uniform Company for the purchase of uniforms for the Police Department at an estimated annual cost of $55,881.~. FundinK from account codes: 001-2119-521-52.22 001-2115-521-52.22 001-2113-521-52.22 001-2117-521-52.22 001-2111-521-52.22 001-2121-521-52.22 ~Pt~~ ~i~a~ fS ~ ~ :nc ~e~~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives,z-- (if applicable) Account No. & Description: Account Balance. ~ Ci~ ' ~'-n .... ~ ...... Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~(~'~ THROUGH: Joseph Safford, Finance Director DATE: December 01, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING DECEMBER 08, 1998 - BID AWARD - BID//98-63 PURCHASE OF UNIFORMS FOR THE POLICE DEPARTMENT - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to Harrison Uniform Company for the purchase of uniforms for the Police Department at an estimated annual cost of $55,881.35. Background: The City of Delray Beach Police Department has a need for an annual contract for the purchase of uniforms for the department personnel. Bids for this contract were received on November 24, 1998, from two (2) vendors all in accordance with City purchasing procedures. (Bid //98-63). Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Delray Beach Police Department Administrative Services Director has reviewed the bids, and recommends award to Harrison Uniform Company, per attached memo dated November 30, 1998. Harrison Uniform Company has had this contract for the last three (3) years (Bid//95-48). Recommendation: Staff recommends award to Harrison Uniform Company at an estimated annual cost of $55,881.35. Funding from account codes: 001-2121-521-52.22, 001-2119-521-52.22. 001-2117- 521-52.22, 001-2115-521-52.22, 001-2113-521-52.22, and 001-2111-521-52.22. Attachments: Tabulations of Bids Police Department Memo Dated November 30, 1998 cc: David Junghans, Administrative Services Director DELRAY BEACH Delray Beach Police Department ~ (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor /'~ FROM: David Junghans, Administrative Services Dire DATE: November 30, 1998 SUBJECT: UNIFORM CONTRACT The Delray Beach Police Department recommends Harrison's Uniforms for the uniform bid. DJ/ppt TABULATION OF BIDS BID #98-63 PURCHASE OF UNIFORMS FOR CITY OF DELRAY BEACH POLICE DEPT. NOVEMBER 24, 1998 ITEM DESCRIPTION EST. HARRISON J.R. MANNO # QTY. UNIFORM CO. UNIFORMS INC. 1. LONG SLEEVE 30 27.75 EA. 28.95 EA. SHIRT - LADY 832.50 868.50 PLAIN, ZIPPER OFFICER/SUPV. OVERSIZE 4 27.75 EA. 32.95 EA. 111.00 131.80 2. LONG SLEEVE 200 29.10 EA. 28.95 EA. SHIRT - MEN 5,820.00 5,790.00 PLAIN, ZIPPER OFFICER/SUPV. OVERSIZE 70 29.10 EA. 32.95 EA. 2,037.00 2,306.50 3. SHORT SLEEVE 60 24.65 EA. 25.95 EA. SHIRT - LADY 1,479.00 1,557.00 OFFICER/SUPV. OVERSIZE 8 24.65 EA. 28.95 EA. ! 97.20 23 ! .60 4. SHORT SLEEVE 400 24.65 EA. 25.95 EA. SHIRT - MEN 9,860.00 10,380.00 OFFICER/SUPV. OVERSIZE 280 24.65 EA. 28.95 EA. 6,902.00 8,106.00 5. PANTS - MALE 300 28.90 EA. 25.95 EA. OFFICER/SUPV. 8,670.00 7,785.00 OVERSIZE 100 28.90 EA. 28.95 EA. 2,890.00 2,895.00 6. PANTS - FEMALE 45 28.90 EA. 25.95 EA. OFFICER/SUPV. 1,300.50 I, 167.75 OVERSIZE 6 28.90 EA. 28.95 EA. 173.40 173.70 ITEM DESCRIPTION EST. HARRISON J.R. MANNO # QTY. UNIFORM CO. UNIFORMS INC. 7. JACKET 25 93.50 EA. * 130.00 EA. MALE/FEMALE 2,337.50 3,250.00 8. JACKET - 75 28.00 EA. 25.95 EA. WINDBREAKER 2,100.00 1,946.25 MALE/FEMALE 9. SWEATER 35 42.00 EA. 59.95 EA. MALE/FEMALE 1,470.00 2,098.25 10. TIE 40 3.00 EA. 6.95 EA. MALE/FEMALE 120.00 278.00 11. P.E.S. SHIRTS 25 18.25 EA. 21.95 EA. SHORT SLEEVES 456.25 548.75 MALE/FEMALE 12. C.O.P. SHIRTS 500 18.25 EA. 21.95 EA. SHORT SLEEVES 9,125.00 10,955.00 MALE/FEMALE GRAND TOTAL BID PRICE $55,881.35 $60,489.10 UNIFORM MANUFACTURER ITEM 1, 2, 3, 4, 12 PANTS - HORACE SMALL - FLYING CROSS SHIRTS - SOUTHEASTERN ITEM 5, 6, 7, 9, JACKET AND SWEATER - FECHHEIMER HORRACE SMALL ITEM 8- DUNBROOKE TIES - SAMUEL BROOME ITEM 10 - S. BROOME WINDBREAKER - AUBURN ITEM 11 - SOUTHEASTERN (ORACE SMALL PANTS 10 1/2 OZ.) COMMENTS/EXCEPTIONS * OPTIONAL ZIP OUT ACKNOWLEDGED SLEEVE LINER ADDENDUM 1, 2, & 3 AVAILABLE FOR WILL EXTEND SAME PURCHASE W/JACKET PRICES, TERMS, AND IN LINE ITEM #7 - CONDITIONS TO FECHHEIMER OTHER GOVERNMENTAL #32740 AT $31.50 EA. ENTITIES ACKNOWLEDGED ADDENDUM 1, 2, & 3 WILL EXTEND SAME PRICES, TERMS, AND CONDITIONS TO OTHER GOVERNMENTAL ENTITIES Agenda Item No.: AGENDA REQUEST Date: December 02, 1998 Request to be placed on: XX P,e~34~.r Agenda Special Agenda Workshop Agenda When: December 08, 1998 Description of agenda item (who, what, where, how much): Fun.ding approval for temporary contract employees for MIS Division for a six-month contract for a total amollnt of ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval of six-month contracts with Comtex Information D/B/A Norrel Information for $43~150~ and RHO Consulting for $35~700 for the positions of a Senior Programmer/Analyst and Network Engineer for the MIS Department, Funding from MIS Division's Professional Services account mode (Budget transfer attached), Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure Funding available: Funding alternatives: (if applicable) Account No. & Description: Account Balance: ~{q~.<~ City Manager Review: Approved for agenda: ~ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: December 02, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING DECEMBER 08, 1998 - FUNDING APPROVAL FOR TEMPORARY CONTRACT EMPLOYEES FOR MIS DIVISION FOR SIX-MONTH CONTRACTS Item Before Commission: City Commission is requested to approve additional funding for contract employees for MIS Division to Comtex Information DBA Norrel Information and RHO Consulting for a total amount of $78,850. Background: The City of Delray Beach MIS Division is currently contracting two temporary positions for the Y2K programming efforts. The City needs to encumber funding for the six-month contracts for these two positions (Senior Programmer/Analyst and Network Engineer) using the contract services of the above two placement firms. These positions were approved by City Manager (see attached memo dated October 15, 1998). The Director of Finance is recommending the funding approval for the six-month contracts for these two positions per attached memo dated December 01, 1998. Recommendation: Staff recommends the approval of funding for the six month contracts for the position of Senior Programmer/Analyst and Network Engineer with Comtex Information DBA Norrel Information at a total of $43,150 and to RHO Consulting at a total of $35,700 for a total encumbered amount of $78,850. Funding from MIS Division's Professional Services account code 001-1811-513- 31.90 (Budget Transfer attached). Attachments: Memo From Finance Director Dated 12/01/98 Memo From Finance Director Dated 10/15/98 MEMORANDUM TO: Jackie Rooney Purchasing FROM: Josephine,__. Director of SUBJECT: Change Order to P.O. #570968 (Comtex Information DBA Norrell Information) Change Order to P.O. #571633 (RHI Consulting) DATE: December 1, 1998 We requested and received approval from the City Manager to issue Purchase Orders to cover the six-month period for each of our contract employees who are currently working in MIS. In addition to the available salary and benefit monies as a result of the two open positions of Network Engineer and Senior Programmer/Analyst, the City Manager has agreed to fund the balance needed ($50,000) from his contingency account. Attached is a copy of our October 15th memorandum with the City Manager's approval along with a budget transfer to transfer the available personal services and contingency monies to the Other Professional Services line item of the MIS budget (001-1811-513-31.90). Please process Change Orders as follows: changeorde~' COhtraCt Increase [: Increase i iye"dOt iEmployee iP.O. Fr°m P,O, To, 570968 Comtex Information Systems R. Borja $8,850.00 $52,000.00 DBA Norrell Information 571633 RHI Consultin~l W. O'Donnell $8,500.00 $44,200.00 ~/~c'. ~. David T. Harden, City Manager 't Joseph M. Dirogtor Date: October 1 Subject: Additional Funding Request- Senior Programmer/Analyst and Network Engineer As you are aware, the MIS Division has been trying to fall the Senior Programmer/Analyst and Network Engineer positions for quite a while. This appears to be an industry problem nationwide due to the Y2K programming efforts. We have temporarily filled these positions using contract services of placement firms. We will have the ability to retain these individuals a~er they are retained for 6 months or more if we so desire. We would like to issue a 6-month purchase order to encumber the pending contracts for these two positions but there are not sufficient funds at this time. Sherry Muehlberg, Administrative Mmmger, has documented our dilemma extremely well so her explanation is attached for your review. Please approve the additional $49,645 (say $50,000) transfer from the City Manager Contingency Account. If the contracts are awarded (following a few weeks of trial work assignments), they would require City Commission approval due to the dollar value involved, but we have no other acceptable alternative at this point. We simply cannot afford to get behind in this division. All departments are depending upon this division to stay on their budget timeline. Please advise this department of your reconunendations. encl. Memorandum from Sherry Muehlberg~ Administrative Manager dated October 13, 1998 cc: Sherry Muehlberg, Administrative Manager Richard Zuccaro, MIS Manager ":"-"~'" City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer .(2) Date 12/01/98 (3) Interfund/Interdepatt-aental Transfer (4) Batch Number J.Safford/sam (5) Requested By: PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN Finance-MI~ 001-1811-513-12.10 Regular Salaries $28,195 001-1811-513-21.10 FICA 2,155 001-1811-513-23.30 Health Insurance 1,530 001-1811-513-23.10 Life Insurance 105 001-6111-519-99.03 City Manager's Contingency 50,000 001-1811-513-31.90 Other Professional Services 81,985 O1 f~O¢ @I (10) tOTAL (See attached memorandum) To provide funding for the remainder of two six-month contracts JU~TI~CATION: Department Head ' ~/~-' Asst City l~nager Finance Director ~1'~ ~ } a,~' City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT Agenda Item No.: ~2~ ,5'"' AGENDA REQUEST Request to be placed on: Date: December 2, 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx. Consent Agenda When: December 8, 1998 Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR TOTAL GRANT AMOUNT 96-004 HR 926 SW 1 lth Ter. Henry Haywood $11,807.25 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of one Housing Rehabilitation contract award and grant award through the HOME Investment Partnership program from the 1997 unencumbered balance of Account #118-1923-554.49-19 in the amount of $11,807.25. Grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/Recommendation (i applic Budget Director Review (required on all items involving expenditure of funds): Funding available~~2qO ~1 ~ ' [ a}~' Funding Altematives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action · Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Charles L. Bender III, Community Development Coordinator ~.. THRU: Lula Butler, Community Improvement Director/I/~ DATE: December 2, 1998 SUBJECT: HOME Investment Partnership Rehabilitation Grant Award ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the HOME Investment Partnership program. This request is in accordance with the Agreement for HOME funds between the City of Delray Beach and Palm Beach County. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the HOME grant program. As required by the HOME Agreement between the City of Delray Beach and Palm Beach County, we will obtain a Promissory Note from the homeowner and record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Bid/Quotation Information sheet has been attached for your reference. RECOMMENDATION Staff recommends awarding the bid for one Housing Rehabilitation project to the verified low bidder and authorizes the award of the grant through the HOME Investment Partnership program. HOME funds for this award will be charged to the unencumbered balance brought forward from 1997. Case Number Address Contractor Grant Amount 96-004 HR 926 SW 1 lth Ter. Henry Haywood $11,807.25 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 99-007 HR APPLICANT: Sidney and Julia Green PROJECT ADDRESS: 926 SW llth Terrace DATE OF BID LETTERS: November 17, 1998 DATE OF BID OPENING: November 30, 1998 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ WILLIAM HATCHER CONSTRUCTION $ ALPHA SOUTH CONSTRUCTION $ BEST REAL ESTATE, INC.~EDWARD KAPLAN $ No Bid CRAFTSMAN PLUS, INC. $ DAKOTA CONSTRUCTION, INC. $ 12,929.85 FIRST CHOICE CONTRACTORS HENRY HAYWOOD $ 11~245.00 FRANK BOUMANS CONSTRUCTION $ 14,119.00 INTERCONTINENTAL CONST. CORP. $ RANDOLPH & DEWDNEY CONSTRUCTION, INC. $ SOUTH FLORIDA CONSTRUCTION $ OASIS CONSTRUCTION $ IN-HOUSE ESTIMATE $ 13,412.00 CONTRACTOR AWARDED CONTRACT: Henry Havwood BID/CONTRACT AMOUNT: $11,245.00 FUNDING SOURCE: 118-1923-554.49-19 HOME Investment Partnership program COMMENTS: u:\white\wwdata\bids\bidinfo.doc [IT¥ I)F DELRR¥ BERCH DELRAY BEACH  100 N.W. 1st AVENUE BEACH, (561) 243-7OOO TO: David T. Harden 1993 City Manager FROM: ~J~obert A. Barcinski Assistant City Manager DATE: December 2, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 8, t998 BONUS PAYMENTIBJCE, INC. ACTION City Commission is requested to consider approval of a bonus payment in the amount of $21,675 to BJCE, Inc. for FY 1998. Funding is available in account number 445-4711-572-34.90 ($13,000), 446-4711-572- 34.90 ($5,000) and 001-4124-572-34.90 ($3,000). BACKGROUND Attached is a memo from Mr. Dubin requesting a bonus payment for FY 1998. Per the terms of the agreement originally dated November 1, 1994, Mr. Dubin's firm is eligible to receive up to 15% of the yearly base fee for accomplishing agreed upon goals and objectives. Attached is a copy of the FY 1998 amended agreement with a status of goals and objectives accomplished. In addition, Mr. Dubin feels that the bonus provision should also apply to the tennis center fee. The City Attorney has reviewed the November 1, 1994 agreement, the December 11, 1997 amendment setting forth tennis center management fees thru September 1999, and the December 9, 1997 bonus amended and has concluded that the contract does not address a bonus payment for the tennis center operation. Commission may wish to consider a bonus payment for the tennis center management portion of the contract. Budget performance goals for the tennis center for FY 1998 are attached and were met. RECOMMENDATION Staff recommends consideration of a bonus payment per terms of the contract to BJCE, Inc. for golf course operations in the amount of $18,000 and an additional award of $3,000 for the tennis center operations. Funding is available as follows: Municipal Golf Course 445-4711-572-34.90 ($13,000), Lakeview Golf Course 446-4711-572-34.90 ($5,000) and Tennis Center 001-4124-572-34.90 ($3,000). RAB/tas cc: Susan Ruby Brahm Dubin Attachments File:u:sweeney/agenda Doc.'f20298a.doc THE EFFORT ALW^¥S M^TTERS Printed on Recycled Paper Golf& Tennis Management, Development & Consultation DEC 0 1 1998 TO: Bob Barcinski CiTY FROM: Brahm Dubin DATE: November 30, 1998 RE: Year-End Bonus The contract between Dubin & Associates and the City of Delray Beach calls for a bonus up to a maximum of 15% of the base yearly management fee. Our fees are as follows: Delray Beach Golf Club/Lakeview Golf Club 10/1/97 - 9/30/98 $124,500 Delray Beach Tennis Center 10/1/97 - 9/30/98 $ 20~000 $144,500 We are proposing that we receive 15% of $144,500 or $21,675 based on our performance of the past year. At DBGC through period 12 our Net Income is $159,263 which is approximately $85,000 better than budget. For the past 8 years we have shown consistent profits while maintaining exceedingly high customer satisfaction with very few customer complaints. Without question DBGC is one of the finest municipal golf courses anywhere. At Lakeview Golf Club we have increased profitability by marketing the golf course to juniors, beginners as well as seniors. This year we replanted tees, greens and helped coordinate the construction of our new clubhouse which will open in December 1998. Customer satisfaction and profits are at an all time high and course condition is excellent. Delray Beach Tennis Center has witnessed a rebirth. Delray Beach Tennis Center hosted the Chris Evert Pro Celebrity Tennis Classic; we won the bid over the cities of Ft. Worth and New Orleans to host the Davis Cup Finals; and recently finalized negotiations to host the ATP Tour for the next 10 years. Our memberships are approaching the maximum and our programs appeal to a wide variety of tennis players. Without a doubt Delray Beach Tennis Center is regarded as one of the best municipal tennis facilities in Florida. Please find enclosed exhibit B which details 97 - 98 performance bonus measures for both DBGC and LKVW. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-1843 All projects under our control were completed except for the installation of cart paths at DBGC. It was our decision to delay this project until future years, and do cart paths at Lakeview instead to coincide with our new clubhouse. Dubin & Associates is proud of its achievements in the past 12 months and looks forward to many years working together with the City of Delray Beach to promote Delray Beach as a great City to visit and especially to live in. BJCE EXHIBIT "B" PERFORMANCE BONUS FY 97-98 Delray Beach Municipal Golf Course · · Increase net income by 5% from FY 97. , · Host Sunrise Kiwanis Club and Rolary Club breakfast on a weekly basis, and promote use by groups such as the Delray Beach Chamber. , · Remove and replace with a different species 30 Melaleuca trees where needed. , · Increase participation in youth related programs by 5% from FY 97. , · Increase gross revenue, banquet business by 5% from FY 97. XX · Complete golf cart path installations by July 98. , · Complete driving range improvements by July 98. · · Maintain greens and tees so that there is no more than 1% weed coverage on green surface. · · Maintain fairways so that there is no more than 5% weed coverage in fairway areas. · · Complete ordering of course replacement equipment by July 1998. Lakevlew Golf Course N/^ · Increase retained earnings by 3% if course is not closed for green regrassing. H/A · Increase number of rounds played by 5% over FY 97 if greens are not re-worked. N/A · Increase merchandise sales by 5%. × · Complete Clubhouse facility improvements to meet ADA and code requirements by September '98. · · Complete regrassing of greens and tees Jif funded) by the end of September 1998. , · Complete replacement of scheduled course equipmenl by July 1998. , · Maintain greens and tees so that there is no more than 1% weed coverage on green surface. , · _ Maintain fairways so that there is no more than 5% weed coverage in fairway areas. · Completed N/A Not applicable due to course closing X Clubhouse will be completed by December 1998 XX It was decided to delay this project until future years City of Delray Beach, Florida 1997-98 Annual Budget Program: Tennis Center The Tennis Center is open from 8:00am to 9:00pm Monday through Friday and 8:00am to 6:30pm Saturday and Sunday year round. The facility consists of 14 clay and 5 hard courts, a pro shop, lounge area and an 8,200 seat stadium. Private and group lessons are available from four tennis professionals. Tennis programs include beginner to advanced classes, Play Tennis America, leagues for men and women, junior clinics, and junior summer camp from the age of 3 years old to 18 years old. 1996 1997 1998 Performance Measures Actual Actual Projected Objective: To the Tennis Center through increased marketing efforts in order to maintain annual promote memberships. Annual memberships 381 430 430 Objective: To increase the number of special eYents and tournaments held at the Tennis Center in order to reduce the operating deficit to less than $50,000. Operating deficit ($94,319) ($86,789) (48,990) Income producing special events I 4 10 Nuveen Tour Event 0 0 1 City Championship Tournament I I 1 USTA amateur tournaments 8 10 10 Women's Satellite Tournaments 0 2 1 Men's Satellite Tournaments 0 0 I Staffing Levels 95-96 96-97 97-98 Tennis Director 1 0 0 Staff Assistant I 1 0 0 General Maintenance Worker 1 0 0 FTEs 2.4 0 0 5.4 0 0 , Revenues Tennis Memberships $82,703 $88,629 $130,000 Lesson Sales 98,430 138,825 130,000 General Admission 32,740 39,503 49,000 Pro Shop Sales 17,624 22,132 21,500 Tennis Stadium License 12,500 6,000 0 Stadium Rental 10,000 0 30,000 Equipment Rental 1,460 1,080 1,200 Ed Foster Pro Court Donation 10,000 0 0 Concert Revenue 2,000 21,819 0 Miscellaneous 0 637 600 League and Tournament Fees 1,904 28, l 01 20,000 Merchandise Commission 900 1,682 0 46 AMENDMENT TO MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT DATED NOVEMBER 4, 1994 THIS AMENDMENT to the Municipal Golf Course Management Agreement dated November 1, 1994 (original Agreement) is made this //~ day of~, 1997, by and between the CITY OF DELRAY BEACH (referred to herein as the "City") and BJCE, INC. (d/b/a Dubin and Associates) (referred to herein as "Dubin") . WITNESSETH: WHEREAS, the parties entered into a Management Agreement dated November 1, 1994, to provide for management services at the Delray Beach Municipal Golf Course, and have amended said agreement in 1995 to also provide management services for the Lakeview Golf Course, and in 1996 for the Tennis Center. WHEREAS, the parties desire to amend the Agreement to provide for a revision to performance measures, Exhibit "B", for FY 1997/98. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitations set forth above are incorporated herein. 2. Exhibit "B" to the original Agreement is modified in its entirety. Exhibit "B", as modified, is attached hereto and incorporated herein as if fully set forth herein. 3. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement survive this Amendment and are binding on the parties. Any reference to golf course, golf course operations, or the like include all golf courses owned by the City unless otherwise expressly stated within the original agreement or amendment (s) thereto. IN WITNESS WHEREOF, the City and Dubin have set their hands and seals on the day and year first above written to this Amendment to the Municipal Golf Course Management Agreement dated November 4, 1994, and three counterparts, each of which shall constitute an original document. WITNESS: ~, BJCE, INC. O~%DC,%,~ ~. ~ ~A~ ~ Brahm Dubin, President (Name printed or typed) CORPORATE ACKNOWLEDGMENT State of Florida County of Palm Beach The foregoing i~strument was acknowled_ged before me this //~ day of /~~ , 1997, by 8~///~/ (name and title of officer or agent) of ~"d~. /A/~ · (name of corporation) , a corporation (state or place of incorporation), on behalf of the corporation. He/She is person, ally known to me or has produced (type of ident---~ficatl'--'-on) as identification and did/did not take an oath. S~gnature of Notary Public ~ NOTARY PUBLIC STATE OF FLORIDA St amr~ o f~k~> city Attorney BJCE EXHIBIT "B" PERFORMANCE BONUS FY 97-98 Delray Beach Municipal Golf Course Aerate greens, tees, and fairways (3t least twice during the year. Host Sunrise Kiwanis Club and Rotary Club breakfast on a weekly basis, and promote use by arouc~s such as the Delray Beach Chamber. · Remove and replace with a different species 20 Melaleuca trees. · Increase participation in youth related programs by 5%. · Book minimum $300,000 in banquet business. · Reach a net operating surplus of at least $250,000 · Complete golf cart path installations by July 98. · Complete driving range improvements by July 98. Lakeview Golf Course · Re(3ch (3 net oper(3fing surplus of 2 to 4% of gross revenues. · Incre(3se number of rounds to 56,500. · Continue improvements fo tees and greens including leveling, weed elimination, (3nd gr(3ss qu(31ify. · Overseed greens in November '97. · ^er(3te greens, tees, f(3irw(3ys (3f le(3st two times during the ye(3r. · Increase merchandise sales by 5%. · Complete Clubhouse f(3cilify improvements to meet ADA and code requirements by September '98. AMENDMENT TO MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT DATED NOVEMBER 4, 1994 THIS AMENDMENT to the Municipal Golf Course Management Agreement dated Nov~nber ~, 1994 (original Agreement) is made this ~ day of ~ , 1997, by and between the CITY OF DELRAY BEACH (referred to herein as the "City") and DUBIN & ASSOCIATES, INC. (referred to herein as "Dubin"). WITNESSETH: WHEREAS, the parties entered into a Management Agreement dated November 1, 1994, to provide for management services at the Delray Beach Municipal Golf Course, and have amended said agreement in 1995 to also provide management services for the Lakeview Golf Course, and in 1996 for the Tennis Center. WHEREAS, in August, 1997, the tennis center portion of the Golf Course Management Agreement was assigned from BJCE, Inc. to Dubin & Associates, Inc. WHEREAS, the parties desire to amend the Agreement to extend the term of management services for the tennis center through September 30, 1999, and to increase the base fees for the tennis center management services. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitations set forth above are incorporated herein. 2. Dubin shall manage the Delray Beach Tennis Center from October 1, 1997, through September 30, 1999. 3. The City shall pay Dubin for the performance of services provided for the tennis center at a base monthly rate of $1,666.66 for FY 1998 and $1,733.33 for FY 1999. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement survive this Amendment and are binding on the parties. IN WITNESS WHEREOF, the City and Dubin have .set their hands and seals on the day and year first above written to this Amendment to the Municipal Golf Course Management Agreement dated November 4, 1994, and three counterparts, each of which shall constitute an original document. WITNESS: DUBIN & ASSOCIATES, INC. -,'~.¢%~ ~,.._. - By: Brahm Dubin, President (Name printed or typed) CORPORATE ACKNOW).~MENT State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this //~ day of ~ , 1997, by (name and title of officer or agent) (name of corporation) , a corporation (state or place of incorporation), on behalf of the corporation. He/She is personally known to me or has produced (type of ide~ification) as identification and did/did not take an oath. ~/~/~ .~. ~ignature of Notary Public ~tate of Florida [ OFFICIAL NOTARY SEAL SUSAN L MALONEY S t am~ ' ~.¥~ ~.~'~ .... [ Ap~~ ~ A~r~Mayor  .~'"' City Attorney MUNICIPAL ~OLF COURSE MANA~EMENTA~REEMENT THIS AGREEMENT is made as of the / day of ~//~~ , 1994 by and between the CITY OF DELRAY BEACH (hereinafter called "City"), and BJCE, INC. (d/b/a Dubin & Associates) (hereinafter called "Dubin"), the principal addresses of each party being those set forth on the signature page of this Agreement. NOW THEREFORE, the parties hereto agree as follows: 1. AGREEMENT TO PERFORM WORK: City agrees to retain Dubin to render certain professional services (hereinafter the "Work") and to pay for the performance of such Work on and under the conditions which are set forth in this Agreement, and Dubin agrees to perform such Work and to accept in full payment as is set forth in this Agreement. 2. THE WORK: The work shall generally consist of those services more particularly set forth in Exhibit "A". 3. ADDITIONAL SERVICES: Dubin will not be paid for reimbursables nor for services in addition to those listed in Exhibit "A" attached hereto without the prior written authorization from City which authorization shall be in the form of a Purchase Order, Work Order, Order to Contractor, or other similar written instrument ("Change Order"). Dubin shall keep a separate record of these additional 6. BASE PAYMENT: The City shall pay Dubin for the performance of work at base monthly rate payable on the first of the month as follows: Oct. 94 - Sept. 95 $6,500 per month Oct. 95 - Sept. 96 $6,750 per month Oct. 96 - Sept. 97 $7,000 per month Oct. 97 - Sept. 98 $7,250 per month Oct. 98 - Sept. 99 $7,500 per month The City shall also accept and pay reimbursables, including: (a) Payroll costs for Dubin's employees who are working full time at the Delray Beach Municipal Golf Course,® such payroll costs are subject to the City Manager's prior approval, and only such approved costs shall be reimbursed; (b) Liability insurance as required by paragraph 13 of this Agreement; (c) Travel expenses; (d) Mileage at $.26 per mile; (e) Production costs; (f) Telephone, mail, facsimile and miscellaneous out-of-pocket expenses. Ail expenses will be itemized and submitted with receipts and shall be billed at cost on a monthly basis. 7. PERFORMANCE BONUS: In addition to the base payment, Dubin shall be eligible to receive a yearly fixed bonus payment per 'Exhibit "B" on or before December 1st of each year. The performance bonus shall be contingent, upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager. The goals and objectives will be reestablished on a yearly basis. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee. 8. LICENSED OR REGISTERED PERSONNEL: Ail services to be rendered by Dubin under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional shall be rendered in compliance with such requirements. 9. DESIGNATED REPRESENTATIVE: Ail of Dubin's recommendations, reports and certifications are to be routed through the City Manager. 10. PERFORMANCE: During the term of this Agreement, Dubin shall, to the best of his ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Work on a timely basis, as required by City to meet .project timetable needs. City shall have the right to make use of same in its business at any time as it may desire without further payment to Dubin, other than that specifically stated herein. Ail reports and other documents furnished by Dubin in the course of or as a result of performing the Work Agenda Item No: AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: December 8, 1998 Description ofagendaitem (who, wha~whe~,howmuch): Consider bonus award to BJCE, Inc. in the amount of $21,000 with funding as follows: Municipal Golf Cohrse 445-4711-572-34.90 ($13,000), Lakeview Golf Course 446-4711-572-34.90 ($5,000) and Tennis Center 001-4124-572-34.90 ($3,000). ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of bonus for golf course operations and consideration of approval of bonus for tennis center operations. Department Head Signature: Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): ~_l f fl_ _t~_ ~,_at~ Budget Director Review (required on all items involving expenditure of funds): Availa .~/NO ~,t~ A-r'c,~,,s~ _ Funding Funding alternatives: (if applicable) Account No. & Description: qq~-q'qll- ~3 7.- Sq .50 044~ ~Mcc. c~,a[ 5~c~ Account Balance: ~ ~2~ Zq Z q% ~q~l[ --~- 3q-~o o~c City Manager Review: ~i ~ol, I I'~c Hold until: dr tO ~t q Z~ Agenda Coordinator Review: Received: Action: Approved/Disapproved Agenda Item No: AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: December 8, 1998 Description ofagendaitem (who, wha~ where, how much): Consider bonus award to BJCE, Inc. in the amount of $21,000 with funding as follows: Municipal Golf Co6rse 445-4711-572-34.90 ($13,000), Lakeview Golf Course 446-4711-572-34.90 ($5,000) and Tennis Center 001-4124-572-34.90 ($3,000). ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of bonus for golf course operations and consideration of approval of bonus for tennis center operations. Department Head Signature: ~~ ~ ~~__q~' Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): ~ Budget Director Review (required on all items revolving expenditure of funds): Funding alternatives: (if applicable) Account No. & Description: qq,5-q'~ll. ~3 Account Balance: ~ ~Z~Z~Z ' City Manager Review: Approved for agenda: YES/NO Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1T¥ OF DELll;iV BER£H  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 All-AmericaCity David 1. Harden 993 City Manager FROM: ~,J~ {obert A. Barcinski Assistant City Manager DATE: December 1, 1998 SUBJECT: AGENDA ITEM CITYCOMMISSlON MEETING DECEMBER 8, 1998 APPROVAL/PARKING CONSULTANT AGREEMENT ACTION City Commission is requested to approve a Parking Consultant Agreement with Rich and Associates, Inc. in the amount not to exceed $15,635 including reimbursable to complete a feasibility study for a parking garage east of the Intracoastal. Funding is available in account #001-1802-512-31.90 Other Professional Services. BACKGROUND At a Commission Workshop on September 8, 1998, City Commission endorsed a strategic action plan to address parking issues east of the Intracoastal. One element of this plan specified the hiring of a parking consultant to analyze and update parking needs, feasibility of a parking garage, costs, alternative sites and financing options. On October 20, 1998, we advertised for proposals. Five (5) proposals were received on November 12, 1998. An evaluation team made up of Chris Brown, Diane Dominguez, Randal Krejcarek, and myself met to evaluate and rank the proposals. Firms were evaluated on project experience, project team qualifications, costs, project time frame and references. The Committee ranking was as follows: 1. Rich and Associates, Inc. 2. R.Urbitran/Ramp 3. Walker Parking Consultants 4. Chance Management Advisors, Inc. 5. John D. Edwards, P.E. At their meeting on November 24, 1998 the Parking Management Advisory Board unanimously recommended to City Commission approval of a consultant agreement with Rich and Associates, Inc. A copy of their proposal is attached. Other proposals are available in the City Manager's office for review. RECOMMENDATION Staff recommends approval of a parking consultant agreement with Rich and Associates, Inc. in an amount not to exceed $15,635 with funding to come from #001-1802-512-31.90 Other Professional Services. RAB/tas Attachments File:u:$weeney/agenda Doc:120198a. doc "~ ~.,.~,e.~P~e, THE EFFORT ALWAYS MATTERS , Agenda Item No.: AGENDA REQUEST Date: 12/01/98 Request to be placed on:, x Regular Agenda Special Agenda Workshop Agenda When: 12/08/98 Description of agenda item (who. what, where, how much.): Request award of a parking consultant agreement with Mich and Associates, inc. in ~ne amongst not Lo exceed $15,675 for a parking garage ~easlbllicy snudy east o~ the Intracoastal Wa~e~way. Funding is available in account #001-1802-512-31.90 0ther Professional Services. RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO ORD I N~NCE / Recommendation: Recommend aopproval. Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~C~--~%~%,_x~Jv~~'~ Funding available~ $~~0 Funding alternaeiYe : (if applicable) Account No. & Desq~iption: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved DEC 1 '~8 18:08 PAGE.00~ AGREEMENT THIS AGREEMENT, made and entered into this th day of December, 1998 by and between The CITY OF DELRAY BEACH, FLORIDA hereinafter referred to as "City". and RICH AND ASSOCIAIES, INC. a Michigan Corporation, hereinafter referred to as "Consultant" RECITALS A. Thc City desires to retain Consultant for professional ConsuIting Services to conduct a Parking Study east of the intraceastal waterway for the City in accordance with thc Request for Qualifications dated October 29, 1998. B. Consultant submitted a Statement of Qualifications on November 5, 1998 to the City that contains certain facts about the consultant,. Scope of Services and 'rime Schedule, which are incorporated herein by reference. NOW, THEREFORE, the parties agree as follows: 1. BASIC SERVICES OF CONSULTANT: The basic services of the Consultant will consist of those task items outlined in Section 3, the Project Work Plan submitted in the Consultant's November 5, 1998 Projo, t Proposal and the city's request for qualifications dated October 29, 1908, which shall become part of this agreement. 2. EXTRA SERVICES OF CONSULTANT: a) Additions to the services provided by the Consultant as requested by the City shall be considered an increase in basic services and the Consultant and City shall negotiate compensation to complete the additional services. b) Consultant shall submit a proposal for extra services including: description of services to be performed, mason for the extra services, s~:hedule for completion and not-to-exceed Time & Matcrials amount for these services. Each approved request for extra services shall be billed separately. Payment for c-xtra services will not be made unless the work is approved by the City in writing with a not-to-exceed amount, prior to the work being performed. 3. COMPENSATION: Compensation for the services described in Paragraphs 1 and 2 above, shall be paid to Consultant by the City as follows: a) F~es for professional services to complete the Downtown Parking Study as defined in Section 4 of thc Consultants submittal, shall not exceed the sum of Eleven Thousand, Seven Htmdred and Sixty ($11,760) Dollars_ b) In addition to the professional services fee will be the actual cost of reimbursed expenses incurred in travel, lodging, communications, shipping, printing, etc.. Reimbursed Expenses have been estimated not to exceed Three Thousand, Eight Hundred and Seventy Five ($3,875) Dollars. This estimate includes the cost of six persontrips to Delray Beach, ten copies of the preliminary Date 12/01/98 I Rich and Ak-n0clates. Inc. Project # 9925 DEC ! '~98 !8.:06 PAGE.003 AGREEMENT report and ten copies of the fmaI report. Reimbursables above the estimate shall bt: made only if prior approval has been obtained by the City. c) One half(50%) of the fee, including any reimbursable expenses incurred to date, will be billed upon submittal of the preliminary report. The remaining one half (50%), including any reimbursable expenses incurred to date, will be billed upon submittal of the final report and recommendations. Payment of invoices submitted by the Consultant will be made by the City within (30) calendar days of receipt by City. d) Consultants will provide City with a detailed breakdown of expenses and services if requested by the City_ All reimbursable expenses will be billed at co~ with no mark-up. 4. SERVICES TO BE PROVIDED BY THE CITY: a) The services to be provided by the City shall include, but not necessarily be limited to, the following: - All existing planning & parking studie~ conducted by consultants or City · Land use square footage by City block · Any legal or financial information concerning past financial and bond covenants, including city ordinances on parking (if necessary) · The City will also provide the consultant or make available to them, existing revenue & expense information, and info,marion on collection methods. TIME OF COMPLETION: The Consultant shall complete the study in accordance with the schedule agreed upon between the Consultant and the City. The schedule is dependent on meeting date availability, timely production of documents and timely review by the City of information provided by the Consultant and completion of information required by the Consultant. 6. OWNERSHIP OF DOC-qJMENTS: All documents prepared by Consultant pursuant to this Agreement shall become the property of the City upon full and complete compensation to Consultant for services herein. Consultant may retain copies of said original documents for office file, for use consistent with the City's ownership of said work product_ 7. ACCOUNTING RECORDS OF CONSULTANTS: Project records of Consultant's services and expenses and records between City and Consultant shall be kept on a generally recognized accounting basis shall be available to City or its authorized representative at any mutually convenient time during the term of this Agreement and for one (I) year's time thereafter. 8. TERMINATION Olr AGREEMENT: a) This agreement may be terminated by City upon failure by Consultant to satisfactorily perform the terms and conditions of this Agreement if Consultant does not satisfactorily perform within fit%eh (15) days of receipt of written notice from City specifying the manner in which Consultant has failed to satisfactorily perform. In the event Of such term ination, Consultant shall not be entitled to further compensation from City work performed or costs sustained following the date of such termination, but shall be entitled to compenmtion for satisfactory work performed or costs sustained prior to such date. b) In the event that City should determine to cancel, suspend or abandon all or any part of the work described herein, it shall give written notice to Consultant who shall immediately terminate all work, within thirty (30) days of the date of cancellation, suspension or abandonment. The City shall pay Date 12/01/98 2 Rich and Az.v~iatc~. Inc. P~jcct # 9925 DEC ! ~8 18o:07 PAGE.004 AGREEMENT Consultant for services rendered,, up to the time of cancellation, suspension or abandonment, provided that such services are to the City's satisfaction. 9. AS$1G~: The Consultant shall not assign, convey or transfer any interest in this Agreement. I0. INDEPENDENT CONTRACTOR: The parties intend that Consultant shall be an independent contractor in performing the services provided by this Agreemem. Consultant is not to be considered an agent or employee of City for any purpose, and the officers, employees and agents of Consul~amts are not entitled to any of the benefits that City provides for City employees including, but not limited to, Worker's Compensation Insurance and withholdings for taxes. Consultant shall fill out necessary IRS forms as may be necessary as an independent contractor. I 1. NONWAIVER OF BREACH: Any waiver by either party of a breach of a provision of this Agreement shall not operate or be construed as a waiver or any other breach of such provision or waiver of any breach of ally provision of this Agreement. SEVERABIL1TY: If any provision of this Agreement is determined to be invalid or illegal for any mason, then that provision shall be deemed to be deleted and such deletion shall in no way effect, impair or invalidate any other provision of this Agreement and the remaining provision shall remain in full force. 13 DISPUTES: Any disput~ arising herein shall be adjudicated by a Court of Competent Jurisdiction with venue in Palm Beach County, Florida. TN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written_ APPROVED AS TO CONTENT: CITY OF Dt':LRA,Y BEACH, FLORIDA By: Its: RICH AND /~;SOCIATES, INC. By: Its: D~ 12/01,98 3 Ricl~ and Associa~'s, Inc. To: Parking Management Advisory Board Members From: i~ Robert A. Barcinski, Assistant City Manager Date: 11/23/98 Re: Selection Parking Consultant/Parking Garage East of The Intracoastal The staff evaluation committee made up of Chds Brown, Diane Dominguez, Randal Krejcarek and myself met this morning and ranked the firms based on our evaluations. The ranking is as follows: 1) Rich and Assoc. Inc. 2) R. Urbitran/Ramp 3) Walker parking Consultants 4) Chance Management Advisors, Inc. 5) John D. Edwards, P.E. The evaluation was very dose between #1 and #2. Rich and Associates, Inc. edged out R. Urbitran/Ramp because of the following: · They appeared from their proposal to have an excellent grasp of the project · They provided a detailed project schedule · They previously have done work for the CRA and were highly rated and · Cost The board is requested to make a selectJon recommendations for City Commission action. Our intent is to take this to City Commission for action at their 12/8/98 meeting. RAB:ags cc: Chds Brown Diane Dominguez Randal Krejcarek File:allen/asmemos Doc: pmgt112398 DEC ! 'gB ~-~:05 · PAGE.00!  ~c~ A~O ASSOCL~TES, ~C. FAX CO~R SHEET Parking Consultants ~ ~ 242~0 ~ahs~r Road Suite 2 e-mail: par~in~RichAssoc.com ( M~i~ ~ ~r~) bttp :/www.~atkiasDesi~n. ~om Job Numb~ Orlando. Florida Tampa, Florida F-] Original not being sent Ori ~g~inal to follow via Phone: 407-667-g990 Phone: g13-879-O987 ,1~ U.S. Mail Fax: 407-667-g98g Fax: g13-g75-5724 ,rl__l Overnight [--7] Other If you encounter any problems with this transmission please ~II~ 24g-353-50gO 12/01/98 TUE 17'06 FAX 407 278 4755 DEL BCH CTY ATTY ~ PURCHASING ~001 R E (3 E _ DEC O 11998 I:lT¥ OF DELRI:I¥ BEi:II:H ..... CITY ATTORNEY'S OFFICE TELEPHONE 561/Z~3-7090 · FACSIMILE 561/278-4755 DEL~Y BEACH ~ ~ FAX T~NSMITTAL LETTER DATE: December 1, 1998 TO: Bob Barcinski, Assistant City Manager FROM' Susan A. Ruby, City Attorney PAGES: 5 CITY ATTORNEY'S OFFICE CITY OF DELRAY BEACH, FLORIDA IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE CALL (561) 243-7090 IMMEDIATELY. COMMENTS: I have reviewed the attached contract. Please find my comments. SAR:ci 12/01/98 TUE 17:0,6 FAX ~07 278 4755 DEL BCH CTY ATTY *~ PURCHASING ~002 ~ I-.zhser P~na~l ..~u~ 2, ~OUth~kl MI 480~ Robe,t Barcinski From-- J~n Revell 561.243.7166 Pa~ea= 4 561.243.-f011 ~ Nmtember 30, Drait Cont. s-a~ ~-~ Ric.~ ganneu lin Illdnl nnlll~ 11111 I'111 I1 fl Il#il II{lllll l~i~lll[I.'ltl I I1[11111(-I IIIIIII l' IIII IIIlll fllllllrl lllflflrlfl nllflll I1! L I...IL t ..... Li.L ..... MI ....I.., i ................................................................. . .... / I Ilpill II1.1 Iii IIII tlLIkJt..:__ I'_ _ I TIIlll r .i I i' !'1-1 ii ,i,i .11 ii ....... IL ..... L...I. ..... ....................... 12/01/98 TUE 17:07 FAX.407 278 4755 DEL BCH CTY ATTY ~,. PURCHASING ~003 AGREEMENT TITIS AGREEMENT, made and entered into thL~ th day of I)e~mber, 199g by nad bctxvec~ TI~ CITY OF DELRAY BEACH, FLORIDA ~ ...... I,,.,,% .... A ...... ~ =~ .-aL.5. - aqd Itt Ii HII~FI I~ATIrll Ill [11- "1' Ilflllllllrll ~CITA~ P~kMg Study, for ~e Ci~ m ~cord~cc with th~ Request for ~lifi~fi~ B. C~ul~t su~i~ a Stat~ent of O~lifications ~ Novem~r 5. l~g m ~e Ci~ ~ co~ c~i, fa~ ~t ~e ~~t. ~ of ~i~ ~ Time ~h~le_~ NOW. T~FO~. ~ ~ics a~ ~ follows: 1. BASIC SZR~C~S OF CONS~Tk~ · o~ ta~ {~s oudm~ in ~fion 3. ~¢ ~o~ect Work PI~ submi~ in ~ Co~u~fs N~c~ 5, 1~8 Proj~t Proposal, ' ~ .' ~ _ -'. ~_ ZX~ SERVICES OF CONSULT~T ' ~ e - a) Add~ to ~c ~i~s provid~ by the Consulter as r~ue~ by ~e Ci~ s~ll ~ ~ns~dered ~e ~difio~ ~ices. b) Consn~1 $~11 submit a pro~sal ~r ~xtra ~ices {n¢l~ng~ ~ffo~, r~on f~ ~e cx~a ~s, ~hedule for ~pl~n M~fi~s ~nt f~ ~ese se~ices. Each approved ~u~t fm c~ ~i~s $~ll ~ billed sedately_ Paym~n~ for e~ra $c~ie~ will not ~ m~e ~l~s ~ ~k ~ifing with a not-t~xce~d ~o~t, ~ior ~ the work being 3. CO~~TION ~e Ci~ ~ follo~s: a) Fe~ for ~f~s{o~l ~ices to complete the Do~n~n P~k~g S~y ~ ~fm~ ~ '~tion 4 of~ ~nsul~ts ~mi~l, s~ll ~t ex~d the sum of El~ ~o~ ~en ~ ~ S~ h) In additinn to ~ prof¢~m~l $<~ic~ fcc will ~ ~co~ of ~im~ e~ ~ m travel, l~gmg, ~mmunications, ahipping, printing, crc.. ~imb~d ~~ ~ve ~n e~im~ed not to ~ ~ ~nd, Eight Hundred and ~en~ Five (~,~7~) ~il~. inclu~ the co~ of six ~tri~ to ~lray ~h, ~ copies of ~ p~lim~ ~~d mn 12/01/98 TUE 17:27 FAX.407 278 4755 DEL BCH CTY ATTY ~ PURCHASING ~004 AGREEMENT c) One half (50%) of~ fcc, including auy ,eimbursable cr40em~ i~icuned to da~c, will be billed upon submiztal or,he preliminary report_ The remaining one half (5095), i~cluding any r~imbms~ble expenses incurred to dam, will b~ billed upon ~ubmiRal of tl~ final report and rccommoadatioas. Payment of invoi~ submi~xl by thc Consultant will be made by the Cio] wlmin (30) c~lend~ days of receipt by CiF. d) Consultants will provide City with a detailed breakdown of expenses and senficcs ifr~luc~vd by the City. All r¢imbursabl~ c~penses will be billed at co~ with no mark-up. 4. SERVICES TO BI~ PROVIDEI) BY THE CITY a} Thr srrvicrs to be provided by thc City ~all include, buz not n~ily br limited to, thc f°ll°Wm~ ~ *L~d usc squarr footage by City block * Any legal or financial information concerning past financial and bond co, emmt% including city ordinances on parking (if necessary) , The City will also provide thc consultant or make available to lhem, revenue & cxtx'nse information, a~d information on collection methods $_ 'rlM~ OF COlltlPL~TION Thc Consullam sl~all eraJ~r~r~ complcu: the study in accordance with schedule agreed upon between the Consultant ~md the CiW Thc gehedule ix d~nclent on m~ing date availabilil¥, timely production of documents and timel~ review by the City of information provided by thc Consultant and compl~ion of information required by the Consultant. 6. OWNRRSIHI' OF Ail documents prepared by Consultan~ pursuam to this Agre. cment sluR! become thc property of the City upon full and complete compensation to Consultant for services herein. Consulgant may retain copies of said original documents for office file, for use consisUmt with the City's ownership of said work product_ -i ACCOUNTING RECORIIS OF CONSULTANTS Project ~ecords of ConsuRam's services and expenses and records ber~tccn City and Consultant shall be k~pt on a g~nerally recognized accoanting basis shall he a~zilabl~ tO City or ir~ ~mthorizgxl representative at any mutually convenient time during the term of this Agreement and for oar ( yem's time ~re. aftcr. $_ ~ATION OF a) This agreemc~at may be terminated by City upon failure by Congultant ta satisfactorily pexform ~he terms and conditions of this Agreement if Consultant does not satisfactorily po~'orm within ffl~een (15) da]cs of receipt of w~iRen notice from City specifying the manner in which Consultant has failed to satisfactorily perform. ~q~hc event of such termination, Consultant shall not be entitled to further compensauon from City~woi~k performed or costs sustained following thc da~ of such Igrmination, but shall be entitled to compensation for satisfactory work pedormed or costs sustained prior to such dart_ l~e 11/30/97 ~ 12/01/98 TUE 17:08.FAX.407 278 4755 DEL BCH CTY ATTY ~ PURCHASING ~005 ' ' ' AGREEMENT b) In the event that Ci~ should determine ~4suspend or abandon all or any pmrt of the work described hcr~in, it sh~ll give written notice to Consultant who shall imm~din~ly t~rminate ~11 work ~e Consult~t ~11 not ~si~, convey or tr~sier uny ~n~ m m~ A~. 10 ~EPtNDE~ CO~CTOR ~i~ ~is A~r~t. Consular is not to be consi~ ~ ag~t or ~pl~ ofCi~ f~ pu~. and t~ offi~s, employes ~d agents of Consul~ ~e not ~fl~ to that Ci~ pm~s for Cit~ employee~ including, ~t not limi~ m. Work. s Ins~~dwithholding~for~=s-~~~ ~~ 11_ NO~~R OF ~y waiv~ by ei~tr ~ of a brach ora provisiou of~ia A~mem ~11 ~ns~u~ ~ a w~vcr or ~y ~h~ ~e~h of s~h ~isi~ o~ ~ver ~ ~y ~h of~Y ~viaion 12 ~viion ~all k ~ to k deleted ~d such ~lcti~ sh~l ~ no way effec~ im~ir or ~ ~SS ~EOF, ~c ~i~ hcr~o have cx~t~ ~is ~m~t as of ~ove wrium. ~RO~ AS TO CON~NT: CItY OF DEl~Y B~CH, FLO~DA Its: R/CH AND ~SSOCIATE~o I~VC. Poo ' 3~)lald [IT¥ JIF I]ELHI:I¥ BEfl[H ~ ME~t~,~OA~D~ BEACH, FLOFIIDA :33444 · (56'1)243-7000 llI-Americagity 993 FROM: Robert A. Barcinski, Assistant City Manager ~ SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 8~ 1008 APPROVAL SPECIAL EVENT - FOTOFtJSION '99 DATE: December 4, 1998 Action City Commission is requested to endorse FotoFusion '99 to be held January 19th through January 23, 1999 to waive rental fees for use of City facilities, to authorize staff to make and install event signs and Photographic Center directional signs, to waive any costs associated in making and installing the signs, provide staff assistance in hanging banners, to allow the use of parking spaces on NE 2nd Avenue for a Pepsi truck and a Budweiser truck to assist in the hospitality program, and to allow two (2) photo opportunities. Background Attached is a letter from Fatima NeJame, Executive Director of Palm Beach Photographic Center requesting the City to endorse the event, waive rental fees for use of facilities, to make and install signs waiving any charges for cost, to hang banners, and to allow them to place a Pepsi and Budweiser truck on NE 2nd Avenue to be used for the event. City facilities that will be used during the event include Commission Chambers, the first floor conference room, the Mahogany Room and Banyan Orchid Room at the Civic Center. The estimated rental charges for these facilities would be approximately $400.00. The request also includes event and directional signage. Four (4) event signs 4'x4' and six (6) directional signs for the center have been requested. The estimated material cost for these signs is $250.00. They have also requested that City staff install event banners at the intersections on Atlantic Avenue from Swinton to A-1-A and in the CRA parking lot between N.E. 1st and 2nd Avenues. Banners can be hung utilizing regular time. THE EFFORT ALWAYS MATTERS Printedon Recycled Paper Subject: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 8,1998 APPROVAL SPECIAL EVENT - FOTOFUSION '99 Date: December 4, 1998 Page: Two (2) ! have included a copy of their proposed '99 budget, '98 actuals and a copy of the event schedule. The City agreed to contribute $10,000.00 this year to the event. Recommendation Staff recommends approval of the request from Palm Beach Photographic Center to endorse the event, prepare signs, provide staff support for banner hanging, waive rental fees and costs to make requested signage, and to allow the use of City right of way to place the Pepsi and Budweiser trucks and for the photo opportunities. RAB:tas Attachments File:u:sweeney/agenda Doc:fotofusi.099 'PALM MISSION STATEM£NT: A nonprofit visual arts organization dedicated to the enrichment of life through exhibitions, MI'. David T. Harden community programs, City Manager workshops and educational activities that promote the City of Delray Beach art of photography and digital imaging. 100 N.W. 1st Avenue Delray Beach, Florida 33~.n.n. BOARD OF DmECTORS: Jay Alperin Phil Arvidson Dear David: Fred Frankel Michael Greene mchard Machek Palm Beach Photographic Centre is proud to present FOTOFusion'99, our 4th year of the Janice McVay Trudi Mitchell 5-day illuminating festival that transforms downtown Delray Beach into the photography Arthur NeJame and digital imaging capital of the world. The dates for FOTOFusion are January 19, 20, Fatima NeJame Jim Norman 21, 22 and 23. Floyd Segel Sandy Simon Ken Wa~ters Last year, participants for FOTOFusion totaled 43,436 originating from 28 different Dr. Richard Zakia countries with thousands viewing the exhibitions and over 250,000 community members ADWSOR¥ BOARH: who benefited and experienced FOTOFusion through Art and Jazz on the Avenue, sidewalk Robert Brantley Skip Cohen cafes, galleries, the Library, City Hall and other exhibition locations. Hotel room reserva- Arnold Drapkin Congressman Mark A. Foley tions for 1998 alone totalled over 2,000 room nights. Marjorie Margolis Commissioner Mary McCarty gave Metz We are grateful for your support and we could not have reached this success in three short Timothy Morrissey Arthur Steinman years without the never-ending support from the City of Delray Beach. Keith Thompson MusEuM 8( 6^LLERY: We are pleased to announce some exciting additions to FOTOFusion'99 that will increase world-Class Exhibitions the tourism impact numbers, not to mention national media coverage and state awareness Open Year-Round of FOTOFusion taking place in Delray Beach. Leonard Nimoy will be coming to CULTURAL SUPPORT 6~OUP: FOTOFusion on January 19th as our Celebrity Spokesperson. His photographic images INFOCUS Annual Membership will be one of the free FOTOFusion exhibitions open to the community and he will moder- p~oc~s: ate a Gallery Walk with proceeds to benefit the Centre's programs for at-risk and abused Photography Workshops Digital Imaging Workshops children, some of the from Delray Beach. Additionally, The Palm Beach Post is printing a FOTOCamp for Kids full-color "Time magazine styled" FOTOFusion'99 Tabloid which will be the official event Family FOTOFun Sundays FOTOBasics and location guide. The Guide will be published in the Sunday, January 17 newspaper as Project I See FOTOExpose well as distributed at area hotels, restaurants and retail locations. The reader distribution Interactive School Tours for the Guide is 534,000 throughout south Florida! We are also pleased to have AK Media/ FOTOInsights FOTOFriends FL donate (30) billboards throughout Dada, Broward and Palm Beach counties to promote Picture My World Holiday FOTOFun FOTOFusion. ANNU^L FEST~V^LS: FOTOFusion Enclosed is a full press kit which details and highlights new events for '99 for your review. FOTOFunfest This year we are proud to offer. FOTODelray SS NO,THE*ST ~Ng AVENUE 100 world renowned photographers, digital imaging artists, Pulitzer Prize winners, mu- DEL~AY BEACH, FL 56~.:~76.9797 seum curators and picture editors, "A virtual gathering of eagles that happens nowhere else FAX: S6~.~-76.~93~ in the world; WEB S~TE: WWW.WORKSHOP.ORG E-MA~L: PB PHOTO~TE.NET (156) seminars, field trips, darkroom demos, computer workshops, panels, web presentations, master lectures and slide presentations; (26) major presentations and slide shows advertised to the community (18) world-class museum exhibitions free to the community (10) photo ops (at least!) (5) Fuse and Schmooze activities ... a different social networking party every night. In order to insure FOTOFusion'99 success, we respectfully request the following considerations from the City of Delray Beach: 1. Endorsement of the event 2. Waving of rental fees 3. Produce and install event signage 4. Produce and install directional signage 5. Install FOTOFusion banners (provided by the Centre) at all Atlantic Avenue intersections from Swinton to A1A and at the parking lot across the street from the Centre. 6. Permit one Pepsi and one Budweiser Truck to park along N.E. 2nd Avenue during the 5 days so that they may assist us in offering a hospitality suite service to the 293 FOTOFusion volunteers and the sale of beverages (with proper permits) to the community where proceeds will go directly to expand ing our year-round children's educational programming such as Project I See, with the Juvenile Court Administration and Arts-in-Communities with MAD DADS. 7. Permit (2) photo-ops along N.E. 2nd Avenue and Atlantic Avenue of the Brazilian Somba Team Dancers and Flamingo Dance Team to promote Delray Beach during FOTOFusion. On behalf of Palm Beach Photographic Centre's board of directors, we thank you for your continued support. Sincerely, PALM BEACH PHOTOGRAPHIC CENTRE Executive Director Enclosure cc: Bob Barcinsky FotoFusion '98 Actual EXPENSES Guest Photographers & Picture Editors 56,405 airfare 15,580 hotel 225 nights at 105 24,675 196 nights at 85 16,150 Exhibitions 8,365 Rising Star Awards 1,000 Marketing 75,859 print advertising 28,880 free events flyer 1,350 direct mail brochure 23,625 postage 9,800 banners 860 billboards 5,950 T-shirts 4,500 other 894 Ground transportation 496 Equipment/furniture rental 300 Space Rental 5,780 Refreshments 16,200 hospitality suite 2,800 Fusion Schmooze 2,500 Awards banquet 9,000 other 1,900 Personnel 52,000 administrative 18,000 curatorial 12,000 marketing 22,000 Other festival expenses 41,560 phone, electric, office supplies, insurance, rent TOTAL EXPENSES $257,965 INCOME Admissions 141,680 Gala dinner 6,300 Corporate Support and Grants 99,500 Canon 15,000 Kodak 35,000 Tiffen 5,000 Print File 2,000 Brown Distributing 2,500 Time Inc 5,000 Tourist Development Council 23,000 City of Delray Beach 6,000 Florida Arts Council 6,000 TOTAL INCOME $247,480 In Kind Donations 267,000 artists fees 7,500 advertising 218,000 equipment and supplies 29,000 other 12,500 FOTOfusion '99 Proposed Budget EXPENSES Guest photographers and picture editors 61,300 airfare 20,800 hotel 26,250 hotel 14,250 Exhibitions 7,000 Rising Star Award 2,000 Marketing 86,400 print advertising 30,000 direct mail brochure 32,000 free events brochure 1,400 postage 14,000 T-shirts 2,000 30 billboards (production only) 4,000 other 3,000 Ground transportation 1,000 Equipment/furniture rental 2,000 Space Rental 5,000 Refreshments 12,000 hospitality suite 1,000 Awards banquet 7,000 other receptions 4,000 Personnel 60,000 administrative 28,000 curatorial 14,000 marketing 18,000 Other festival expenses 40,000 phone, electric, office supplies, insurance, rent TOTAL EXPENSES $276,700 INCOME Admissions 155,000 Gala dinner 5,000 Corporate Support and Grants 116,700 Canon 15,000 Kodak 35,000 Print File 2,000 Time Inc 5,000 Tourist Development Council 35,000 Florida Arts Council 2,500 City of Delray Beach 10,000 Other Income 12,200 TOTAL INCOME $276,700 [ITY OF DELAI:IY BEI:IgH DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561)243-7000 NI-AmericaCity ® TO: David T. Harden, City Manager 993 FROM: R~>bert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - DECEMBER $, 1998 SPECIAL EVENT REQUEST - DOWNTOWN DELRA¥ ART FESTIVAL DATE: December 1, 1998 Action City Commission is requested to endorse the 10th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 9-10, 1999, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way, to authorize staff to apply for the FDOT street closure permit, to authorize staff support for security and barricading the street, and to permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event. Background Howard Alan Events, LTD. will again be conducting the 10th Annual Downtown Arts Festival. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue, from NE/SE 7th Avenue east to Salina. He is also requesting security service from the Police Department and Public Works assistance to barricade the street. The estimated overtime cost for City services and barricade rental is approximately $7,500. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, and porta lets. Signage per LDR's section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit, providing staff assistance, as requested and allowing the event sign to be installed with all overtime and barricade costs to be paid by the vendor. RAB:tas cc: Marjorie Fetter File:u:sweeney/agenda Doc:1OthJest.art THE EFFORT ALWAYS MATTERS ¢. ~) &ent By: HOWARD ALAN EVENTS; 9544723~91; Deo~1-98 16:2~; Page 2/5 TO: MARJOR1E FERRER, JOINT VENTURE FROM: HOWARD ALAN, EVENT COORDINATOR RE: 10th Annual Downtown Dclray Beach Festival of the ga'is DATE: JANUARY 9 .- 10, 1999 Dear Marjorie, This is our tenth year ibr this nationally ranked, juried art fair. Once again, we will be prepared to continue the event west of the lntercoastal Waterway. We rcspectthlly request a street closure for this event_ Thc strects to be closed would begin at Atlantic Ave. west of 7th Ave. to 50 feet before thc Intcrcoastal Waterway, then over the bridge 50 feet east of the bridge and continuing on East Atlantic Ave. to Salena. Thc following side streets adjacent to Atlantic Ave. would be blocked: West of Bridlle Atlantic Ave. Palm Square East of Brid~e Venetian Gleason Palm Ave. Bronson East of Brid~e. North of Atlantic Ave. Sea Brccz~ Ave. Andrews Atlantic Ave_ at A- 1-A would be accessible to local traffic for Holiday Inn traffic and Bostons parking on Salena. Set up will begin on Saturday, January 9, 1999 at 4:00 Sent,By~ HOWARD ALAN EVENTS; 9544723891; De0-1-98 16:23; Page 3/5 Marjorie. if you can advise Mr. Baminski that Howard Alan Events will be responsible necessitated costs included, but not limited to the fbllowing: Barricades - Traffic cones Off-duty Police Detail Port-O-Lets, Dumpsters, Waste Receptacles Clean up crew One Million Dollar Liability Insurance SJgnage On-site supervision Any other logistic requirements If there are any additional questions, please do not hesitate to contact me. Yours Truly, Howm'd Alan President Howard Alan Events, l,td. cc: Robcrt Barcinski Enclosure [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's l)ircc! I,inc: 561 '243-7091 DELRAY BEACH Ali.America City M E M ORA N D U M 1~,,,~''''! DATE: December3, 1998 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Hollis v. City of Delray Beach The Plaintiff; Ronte Hollis, through her mother, filed suit alleging negligence as a result of an accident which occurred on June 5, 1997 while Ronte was in the City's Afterschool Program at Pompey Park. At the end of the day, when the children were told to line up at the very back of the room Ronte ran under a table in the back of the room, which was previously used for a rummage sale earlier that week. Ronte caught her backpack and finger on the metal underside of the table. This resulted in the amputation of the middle finger tip on her lett hand Ronte was eight years old when the accident occurred. The Plaintiff's mother, through their attorney, has offered to settle this case with the City for $36,000.00, $26,000.00 of which is to paid in an annuity that will provide annual payments to Ronte between the ages of 18 and 21 and a lump suni payment when she reaches the age of 25. The remaining $10,000.00 is payable upon settlement. The settlement includes all attorney's tees and costs. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release of all claims. Our office recommends acceptance of this offer. The City's Risk Manager, Frank Babin, and Steve Hanz~nan, adjuster for Gallagher Bassett, concur in our recommendation. By copy of this memo to David Harden, City Manager, our office requests that this matter be placed on the December 8, 1998 City Commission agenda. Please call if you have any questions. cc: David ttarden, City Manager Alison Harty, City Clerk hollcom.rbs MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~h2~IAGER~/~ SUBJECT: AGENDA ITEM # q F - MEETING OF DECEMBER 8, 1998 CONTRACT AWARD TO DELTA PETROLEUM AND INDUSTRIAL, INC./MUNICIPAL GOLF COURSE AND POLICE DEPARTMENT FUEL TANK SITES DATE: DECEMBER 8, 1998 This is before the Commission to consider a contract award to Delta Petroleum and Industrial, Inc., in the amount of $53,733.00 to ensure that the Municipal Golf Course and Police Department fuel tank sites meet the Palm Beach County Department of Environmental Resources Management requirements which are due to be corrected by December 31, 1998, or under contract. Funding is available in the Golf Course Account 445-4761-572- 63.90 Other Improvements ($27,438), and in the General Fund Capital Account 334-6112-519-62.10 R & R Building ($26,250). Recommend approval of the contract award with Delta Petroleum and Industrial, Inc., for improvements at the Municipal Golf Course and Police Department gas tank sites. MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 8, 1998 BID AWARD - DELTA PETROLEUM COMPANY DATE: DECEMBER 8, 1998 Action City Commission is requested to approve a bid award to Delta Petroleum and Industrial, Inc. in the amount of $53,733.00 to ensure that the gas tank sites at the Police Department and the Municipal Golf Course meet the Palm Beach County Department of Environmental Resources Management requirements which are due to be corrected by December 31, 1998, or under contract. Funding is available in the Golf Course Account 445-4761-572-63.90 - Other Improvements ($27,483) and in the General Fund Capital 334-6112-519-62.10 R & R Buildings ($26,250). Backqround We were notified by Palm Beach County DERM that our gas tank systems at the Police Department and the Municipal Golf Course do not meet rule requirements that are required to be completed by December 31, 1998, or under contract. The work required to be completed at the Golf Course includes: 1. Upgrading of the dispenser liner and manifold piping to meet secondary containment requirements 2. Secondary containment for the submersible turbine pump 3. Line tightness test 4. Flow restricter test 5. Provide interstitial monitoring equipment for the underground storage tank In addition because of the size of the site and work involved, Mr. DeCarlois is recommending all secondary containment requirements requested to be done by the year 2009 be done at this time, I concur. The work required to be completed or under contract at the Police Department site by 12/31/98 is as follows: 1. Upgrade dispenser liner to meet secondary containment requirement 2. Provide secondary containment for the submersible turbine pump 3. Provide a spill bucket for the diesel port 4. Provide interstitial monitoring for the underground storage tank 5. Perform the annual test to the flow restricter 6. Perform the annual line tightness test Quotes were also received from Glasgow Equipment. Recommendation Staff Recommends award of the bid to Delta Petroleum in the amount of $53,733.00 to perform work needed to bring the gas tank sites at the Municipal Golf Course and Police Department into compliance for 12/31/98. Funding is available in account 445-4761-572-63.90 Other Improvements Municipal Golf Course and in 334-6112-519-62.10 General Fund Capitol R & R. Buildings. Agenda Item No: ~,~ AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: z 2/08/98 Description of agenda item (who, what, where, how much): Approve a bid award to Delta Petroleum and Industrial, Inc. in the amount of $53,733 to complete fuel tank repairs at the Municipal Golf Course site and at the Police Department to meet DERM requirements. Funding is available in account 445-4761-572-63.90 Municipal Golf Course and account 334-6112-519-62.10 General Fund Capital Projects. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Recommend approval. 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: ~qO Funding alternatives: , Account No. & Description:/.~ Account Balance: Approved for agenda: E~NO ~l Hold until: . Agenda Coordinator Review: J:3d- Received: Action: Approv~isapprov~ MEMORANDUM TO: Ro~ A. Barcinski, A~istant Ci~ Manager FROM: Paul H. DeCarolis, Indust~al Pmtreatment Ins~or SUBJECT: FOLLOWING ARE BIDS FOR THE- MUNICIPAL GOLF COURS~ POLICE DEPARTMENT DATE: D~m~r 8,1998 This memo is in response to the above reference subject. After contacting four petroleum companies, the only companies that could respond were Delta Petroleum and Glasgow Equipment. The other two companies that did not respond were Lutz Petroleum, Darly Randolth (954) 971-5222 and Waldron Enterprise, Dave Biegler (954) 523-2030. The following is a breakdown of the two bids by the Petroleum Companies. · Delta Petroleum, for the Golf Course, the total pdce for all the work to be done is $27,483.00. This work will make the Golf Course compliant with all the rules including year 2009, double wall piping. The reason to do the piping now, is because it is such a small site and everything will be exposed. The site will need to be out of service for Five to Eight working days. Pete Delderfield, owner of Delta Petroleum said he will provide a skid tank at no charge and will transfer product from the underground to the tank, so the golf carts can still fuel up. · Delta Petroleum, for the Police Department, the total price for all the work to be done is $26,250.00. This work will make the Police Department compliant with all the rules except for the year 2009, double wall piping. That can be done later, because of the work involved. The site will also need to be out of service Five to Eight working days. The Police Department can use Public Works if the site is still available. I recommed we do the Police Site first. If needed Delta Petroleum can put a skid tank there also. The other bid was from Glasgow Equipment Service for the Golf Course was $ 42,145 and for the Police Department was $39,578. Enclosed, is the Quotation and Contract of both bidders and the original will follow, when I receive it from them. Also, is a letter from DERM, which explains what work needs to be done. In the letter from DERM they explain that if we have a contract signed or show intention that we are going to comply with the rule, then we will have an additional ninety days to complete the work. Please notify me when I can contact the company to organize the start of the work and notify DERM that we are in the process of completing the upgrades. As always I am available, if you have any questions. /pd Eric: Attachments cc: David T. Harden, City Manager Richard Hasko, Director of ESi:) Brahm Dubin, Municipal Golf Course Erin Dougherty, Municipal Golf Course Hoyt Owens, Deputy Director Public Works rt' Gurumo, Compliance Manager M E M B E R QUOTATION AND CONTRACT I~[~'~ ~ E~PMENT ~ 4829 Southern Blvd. W~t P~m ~nch, Flo~da 3~15 Pho~: (~1) 68~5970 Page F~: (~1) 689-5014 Date: Dec. 04 TO:city of Delsey Beach Refe~en~olice Station 200 S.W. 6th St. Fuel Delray Beach, FL 33444 Attention: Paul OecarolXs We ~e p~a~ to submit t~ gu0tafioa, b~d 0a 0u~ ~tetpretatio~ of y~z teguit~ents, as Break out and saw cuC a soction of the concTete slab over each underground storage cank. Excava[o to the top of the tank, remove the S.T.P. pumpEng u~[t and [nstall an Environ tank containment sump on each tank. Reroute the existing fuel lines and electric into the sump. Re£nstaL[ the STP un£t. Redo the fil! pipe and locking cap. Remove the dispenser on the fuel island - saw cut a port[on of the island to accept an unde~pump containment pan for the duo-2 dispenser. Rep[pa the fuel Zjne and the e[ectr[cal conduit into the pan; reconcreEe the island and instal! and [ag to the fuel island. Furnish and instal[ 1-Incon TS-lOO1/25-P tank level conso[e with printer and scaJd system comp[ate ~ith 2-TSP-LC2 [[qu[d [eva[ probes. System also includes sump senso~ and all hard.are to comp[eta the insta[Jat~on. Ut£Z[ze the existing conduit runs to adapt the new system replacing the old leak-x. ~nstal[ Z - 42" round manhole over the sump on each tank, ~epour the slab. Check out the tank level ~yetem for p~opeF opera[lea. Proposal includes the necessary t~ainin@ of personnel on the new Incon inventory control console and a certified line test on the fuel p~p[ng. For The Sum Total Of= $26,250.00 T~enty Slx Thousand Two Hundred Fifty and 00/~00 PAYMENT TERMS; 20~ do~n, balance upon completion ACCEPTANCE: Thi~ propoal, wfleq aCclOtl¢ 1~/ the Purchaser. ~ ~, It II eXD~ly ~d th~ ~here a~ no Otomi~. ~, ~ u~et~nd~ngl. Omi or wren, not ~ied I~ ~ S~es Rep:e~t~e Sisnature ~Sm-ture of Officer ~ - Print name of si~riature and title Title Date Date Sales MSt, Crzdit Mst. 'M E M 0 E R QUOTATION AND CONTRACT ~1~ ~ ~tl~ EtLmmENT IN~ 4827 Sou~rn Blvd. West P~ ~ach, ~orida 3M15 Phone: (~I) 683-5970 Pa~ x of ~ F~: (~1) 6~-~14 Date: eec. 07, ~998 TO: City of Delray B~ach Referenm ~C5[ ~ · ~tation 200 s~w. ~th St. Fuel Facility Del~a~ 8~ach, FL 33444 Attention: Paul Oocaroli~ We ate pl~a~d to aubmit this quotation, baaed on our interpretation of your requ~ement~, as renews: Break out and saw cut a section of the concrete slab over each underground storage tank. Excavate to the top of the tanks remove the S.T.P. pumping unit and install an Environ tank containment sump on each tank. Reroute the existing fuel lines and electric into the sump. Reinstall the STP unit. Redo the fill pipe and locking cap. Remove the dispenser on the fuel island - saw cut a portion of the island to accept an underpump containment pan flor the duo-2 product dispenser. Saw cut the concrete slab running to the tank sump and replace the 2 existing product lines with double wall fiberglass lines. Repine the fuel line and the electrical conduit into the pan. Reconcrete the island and tank slab. Reinstall the diapense¥ and check system for proper operation. Furnish and install 1-Incon TS-1001/25-P tank level console with printer and scald system complete with 2-TSP-LC2 liquid level probes. 5¥stem also includes sump sensor and all hardware to complete the installation. Utilize the existing conduit runs to adapt the new system replacing the old leak-x. Install i - 42" round manhole over the sump on each tank, repour the slab. Check out the tank level system for proper operation. Proposal includes the necessaTy training of personnel on the new lncon inventory control console and a certified line test on the fuel piping. For The Sum Total Of: $27,483.00 Twenty 5even Thousand Four Hundred Eighty-Three and 00/100 PAYMENTTERMS: 20~ down, balance upon completion ACCEPTANCE: This proposal, when accepted by the P~rchls~r, m~ ~. It ~ e~pre~fy ~ that ~ere ~r~men~, or u~e~ndlngl, oral or ~en. not ~ified in ~11 ~S RepCe~t~e Company Name Print name of s/grmture and t/tie Title Date Date Sales Mgr. Credit Mgr. ~2/03/1998 ~0:01 ~427402 GL~SGON EQUIPTMEHT P~GE D-~868 QUOTATK~N N~. QUOTATION & CONTRACT for or Servk;e GLASGOW EQUIPMENT SERVICE, INC. P.O. BOX 1O087 Riviera BMmh, ~ 3341g-0087 F't m 84 -72 · (56 ) CT['Y OF DF..LK~y BEAC~ ~RE: 9~ UPGRADES 2OO S,W. 6TH STREET DELRAY BEACH, ~A 33444 TWO SITES ATTN.: MR. PAUL DECAROLIS IN IM~P(W~ TO ¥OU~ IN(WM., WE ~MIIT THE FOLLOWIN~ OUOTArlON: POLIC~ STATION FU~SH AND INSTALL ONE DI~ Lrm~ AND TWO Pn~G ~UMI~S ON TWO RX~ST~O STORAGE TANKS, HqCLUDING SAWCUT AND BREAKOUT CONCRETE UNDER DISPENSER AND OVER TANKS. EXCAVATE DOWN TO TANKS. LOCKOUTrFAGOUT ELECTRICAL SOURC~ PURGa PRODUCT L/NES. DISCONNECT AND SET ASIDE DISPENSF. R AND STP'S, INSTALL DISPI~NSER PAN AT ISLAND AND TWO PIPING SUMPS ON TANKS (INCLUDI~$ ALL FI'ITINGS), INSTALL FILL, VENT, AND I91ONITORIN~ ~. RECONNECT DISPENSER AND STP'S. RF, CO~CT PRODUCT PIPING, PRESSUa~ TEST I~PIN~ AND TANKS, BACKFILL EXCAVATIONS, SL~ MANHOLES CHECKOUT SYSTE~,. ALL INSPECTIONS GOLF COURSE SIT~: IRJRNISH AND INSTALL ONE DISPENSER IJN]~ AND TWO PIFINO SUMPS ON TWO EX/STING UNDERGROUND STORAGE TANKS, INCLUDIN~ SAWCUT AND BREAKOUT CONCRETE UNDER DISl~Jq~R AND OVER TANKS, EXCAVATE DOWN TO TANKS. LOCKOUT/TAGOUT IR.ECTRICAL SOURCE, PURGE AND REPLACE SINGL~WALL Pll~ WITH NEW DOUBLEWALL PIPE, DISCONNECT AND SET ASIDE DISPENSER AND STP'S, INSTALL DISPENSF~ PAN AT ISLAND AND TWO PlPING SUMPS ON TANKS (INCLUDES ALL Fr/TINGS), IN~TALL FILL VENT, AND MONITORING RISi~P~, RECONNECT DISPENSER AND STP'S, PRESSURE TEST PRIMARY AND SECONDARY PIPING AND TANKS. BACKFILL EXCAVATIONS, SE~ MANHOLES AND SPILL CONT~ MANH~ OVER RISERS, POUR CONCRETE AROUND lVlAN/tOLES, STARTUP AND CHECKOUT SYSTEM, ALL INSPECTIONS BID PRICE ..................................................................................................................... $ 32,320.00 AL~ATES: · TO REPLACE EXISTING DISPENSER WITH REMANUFACTURED DISPENSER, 12~CLUDING UL.LISTING, HOSES, NOT~a F$, STAINLESS STEEL LOWER DOORS, INSTALLED, ADD PER SITE ...... $ 2,601.25 · TO REPLACE EXISTING DISPENSER WITH NEW DISPENSEK INCLUDING UL-LISTING, HOSES, NOZZLES, STAINLESS STEEL LOWER DOORS. INSTALLED, ADD PER SITE ......................... $ 2,995.00 · TO FURNISH AND INSTALL TANK MONITORING SYSTEA~ ADD PER SITE ..... $ 9,825.0O PAYMENT TERMS: BALANCE DUE UPON COMPLETION OF JOB, NET 10 DAYS FROM INVOICE DATE CONDITIONS AND CLARIFICATIONS: -DISPENSER PRICES THE SAME FOR EITHER SITE -EXISTING TANK MONTTORING SYSTEM CANNOT BE UPGRADED AND MUST BE P, EPLACt~ -UNDERGROUND TANKS MUST BE AT LEAST 65% FULL OR BETTER AT TIME OF TANK TESTING -FUEL SUPPLY OR CLEANUP OF SOIL OR GROUND WATER NOT INCLUDED -PRICE fNCLUDES ELEC'f~CAL DISCONNECT/RECONNECT. NO UPGRADES INCLUDED -TANK MONITORING SYSTEM PRICE BASED ON USING EXISTING WIRING AND CONDUIT. IF ANY ADDITIONAL WIRING, CONDUIT, OR PANEL WORK IS NEEDED, IT WILL BE CHARGED ON A TIME AND MATERIALS BASIS -NOT RESPONSIBLE FOR UNFORESEEN OR UNDERGROUND OBSTRUCTIONS -PRZCE INCLUDES ENG~G DRAWINGS BY PROFESSIONAL ENG~ FER_MIT APPLICATIONS AND SUBIVlTrTAL$, MANDATORY SOIL SCREENING AND TESTING. CLOSURE REPORT BY PROFESSIONAL GEOLOGIST -PEBbflT FEES ARE NOT INCLUDED. NO UNUSUAL ~ INCLUDED (I.E. APPEARANCE BOARDS. GROWTH MANAGEMENT. ETC.) THANIC YOU PAUL FOR CALLING GLASGOW! PLEASE CALL WiTH ANY QUESTIONS YOU MAY HAVE. November 30, 1998 Department of Environmental Resources Management 3323 Belvedere Road, Building 502 Mr. Paul H. DeCarolis West Palm Beach, FL 35406~ 1548 City of Delray Beach (561) 2:33-2400 200 Southwest 6th Street FAX: (561) 2:33-2414 Delray Beach, FL 33444 Suncom: 274-2400 www. co.palm-beach.fl.us Dear Mr. DeCarolis: SUBJECT: DECEMBER 1998 DEADLINES FOR UNDERGROUND TANKS Palm Beach County Department of Environmental Resources Management staff has reviewed the facility files in response to your request for information ~u~ ~e~,ct~ co,~nty concerning the underground fuel tanks at the Delray Police Department and City m,a~a or cou~,ty Golf Course. Staff also reviewed the Public Works file and that information is Commissioners included in these comments. These requirements are either in effect now or will be Maude Ford Lee. Chair after December 31, 1998. Most of them became part of the Storage Tank Rule in Warren H. Newell, Vice Chairman ] 992, Karen T. Marcus Police Department: There are two underground fuel tanks registered; a 1,000 Carol A. Roberts gallon generator tank and a 10,000 gallon gasoline tank. Both are registered as Mary McCarty being doublewall fiberglass tanks with singlewall fiberglass piping in a trench containment (the trench containment has not been verified). There is a Veeder- Burt Aaronson Root TLS-250 installed which is designed for use as an automatic tank gauge Tony Masilotti (ATG) only. Monitoring is listed as monitor wells and a flow restrictor on the gasoline product line. Rule 62-761.600(1)(h), Florida Administrative Code, requires that any component County /kdministrator of a storage tank system with secondary containment must have interstitial Robert Weisman monitoring. Underground generator tanks are currently exempt from the leak detection requirements, so only the gasoline tank requires an interstitial release detection method. By design, the TLS-250 cannot perform this function. Therefore, another method of interstitial monitoring for the gasoline tank must be used. The presence of trench containment for the piping has not been verified nor could it's integrity be tested even if it were installed, making it difficult for any interstitial leak detection method to be reliable in this instance. Because of this uncertainty, it would be acceptable to use the in-line flow restrictor as the method of leak "An Equal Opportunity ~fsi~a~u, ~c~on ~,~oy~- detection for the gasoline piping, as long as it is tested annually as required under the rule. A change in registration to designate the gasoline piping as singlewall would accomplish this. ~ printed on recycled paper Mr. Paul H. DeCarolis Page 2 November 30 1998 Golf Course: There are two doublewall fiberglass underground tanks registered; a 2,500 gallon gasoline and a 1,000 gallon diesel tank, both with singlewall fiberglass piping. Leak detection is listed as monitor wells and interstitial monitoring for the doublewall tanks. Records indicate a Pollulert alarm system has been installed. If there are interstitial probes in both tanks connected to the Pollulert system, that would meet the monitoring requirement for the tanks. In-line flow restrictors attached to the product lines would meet the leak detection requirements for pressurized singlewall piping. If it is suction piping, removing the foot valves and installing vertical check valves directly beneath the dispensing pumps would fulfill the requirements. Continued use of monitoring wells as leak detection for the piping requires a Site Suitability Determination be made. A copy of the Guidelines for Site S, itability Determinations for External Monitoring, February, 1998, is included with this letter. Other upgrades required for this facility, if not already performed, are the installation of dispenser pans and protection of metallic swing joints from corrosion (by adding cathodic protection or isolating from soil contact). Public Works: There are three underground fuel tanks registered; two 5,000 gallon gasoline and one 5,000 gallon diesel. They are registered as unprotected singlewall steel tanks with doublewall fiberglass piping. These tanks are required to be removed by December 31, 1998. The Florida Department of Environmental Protection will allow those facilities, which have a contract to replace their tanks signed by December 31, 1998, an additional ninety days to complete the work. If there is no signed contract or no intention to replace those tanks, then they must, at a minimum, be properly taken out of service by December 31, 1998. I hope this answers all your questions. If you have any questions concerning this letter, please contact me at (561) 233-2508. Sincerely, ~ ~.~0~.~ ~ Bruce Wayne, Environmental Program Supervisor Resources Protection BW: cc: Mr. Robert Barcinski, Assistant City Manager City of Delray Beach enclosure -- MEMORANDUM~ NO~.! n ~ 1998 TO: Robert A. Barcinski, Assistant City Manager FROM: Paul H. DeCarolis, Industrial Pretreatment Inspector SUBJECT: REVISED WORK FOR FUEL TANKS- MUNICIPAL GOLF COURSE/ POLICE DEPARTMENT DATE: November 02,1998 This memo is in response to a new rule (62-761) that took effect on Storage Tank Systems on July 13,1998 that effects the City of Delray Beach. After, meeting with Phillip Norton, Environmentalist of the Department of Environmental Resource Division and re-inspected the above reference sites on October 19, 1998, and speaking with Bruce Wayne (Tanks Supervisor), the following work will need to be completed in addition to my memo of August 21, 1998 and August 24,1998 on the above sites (See Attachments). The reason DERM did not notify us about the additional work on our inspection of August 18,1998 was they were unaware of all the new changes of the rule at the time of the inspection. The followim] work will need to be comtfleted bv December 31. t998 for the Golf Course; · Dispenser liner for the fuel pump and all manifold piping, shall be upgraded with secondary containment. · An annual line tightness test for small diameter piping in contact with soil. · Submersible Turbine pump needs secondary containment. · The flow restficter (Red Jacket) needs annual test. · Interstitial Monitoring for the Underground Storage Tank. Because of the model of the tank it has to be done by electronic sensing equipment. The followino work will need to be done before December 31.1998 for the Police Department: · Dispenser liner for the fuel pump and all manifold piping, shall be upgraded with secondary containment. · An annual line tightness test for small diameter piping in contact with soil. · Submersible Turbine pump needs secondary containment. · The flow restricter (Red Jacket) needs annual test. · Interstitial Monitoring for the Underground Storage Tank. Because of the model of the tank it has to be done by electronic sensing equipment. · Need a spill Bucket for the Diesel Port. Bruce Wayne, Tanks Supervisor, will send a letter, which will coincide with my memo. As always I am available, if you have any questions or would like my help in resolving these issues. /pd Enc: Attachments cc: David T. Harden, City Manager Richard Hasko, Director of ESD Brahm Dubin, Municipal Golf Course Erin Dougherty, Municipal Golf Course Hoyt Owens, Deputy Director Public Works n' Gurumo, Compliance Manager MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager FROM: Paul H. DeCarolis, Industrial Pretreatment Inspector -~ ~'~ SUBJECT: FUEL TANKS- POLICE DEPARTMENT DATE: August 24,1998 This memo is in response to a follow-up inspection, I requested after reviewing the new Flodda Administrative Code Chapter 62-761 which Govems Storage Tank Systems. After, meeting with Phillip Norton, Environmentalist of the Department of Environmental Resource Division, we conducted a thorough Inspection of the tanks in question. The above reference tanks are Double Walled Fiberglass according to State Records. I contacted The City Engineer Department to see if any plans exist and I was told they have no plans on the tank installation. I was told that Digby Bddges Architect firm was the Architect that did the planning of the tanks. I contacted Mark Marsh, of Digby Bddges and he look into see if he has any plans on the system. On August 21, 1998, Mark called and said the have no record, because they purge there plans after six years. Since they are Doubled Walled Fiberglass according to State Records, they meet all EPNDERM requirements and there is no deadline to replace the under ground storage tanks in question. The following is breakdown of the inspection and time table that corrections need to corrected by. The following correcticn needs to take place ~'efcre Cecember 22. 1398. · Dispenser Liner for the Fuel Pump. · The Submersible Turbine Pump for the Diesel needs secondary containment. · Need a spill bucket for the Diesel Port. The ~:otlowing work will need to take place scmetime in the year 2009. · Install an Inspection Port for the trench liner for the manifold piping. · If we can not find the trench liner for the manifold piping we will have to install secondary containment for all piping. · The reason why we need an inspection port is according to state records, the piping is Doubled Wall Fiberglass and if we can inspect the pipe, then we do not have to install secondary containment for all piping. Enclosed is the Flodda Administrative Code, Chapter 62-761 that Governs Storage Tank Systems, that pertain to the time table for Under Ground Storage Tanks and Integral Piping. As always I am available for any questions regarding this memorandum. /pal Enc: Attachments cc: David T. Harden, City Manager Richard Hasko, Director of ESD Hoyt Owens, Deputy Director Public Works n' Gurumo, Compliance Manager MEMORANDUM IV O V 0 2 1998 TO: Robe~A. Bar~nski, Assi~antC~Manager FROM: Paul H. DeCarolis, Indust~al Pretmatment Ins~or SUBJECT: FUEL TANKS- MUNICIPAL GOLF COURSE DATE: August 21,1998 This memo is in response to your memo on August 18, 1998 regarding the above referenced subje~. After, m~ting with Phillip Notion, Environmentalist of the Depa~ment of Environmental Resource Division, and showing him the Building Plans for the above referen~ tanks, which show that they are double walled Xe~es Fiberglass Tanks. Sin~ they are doubled walled, they meet all EPNDERM requirements and there is no deadline to replace the under ground storage tanks in question. The only requirement that needs to take pla~ is adding a Dispenser Liner for the fuel pump and all manifold piping, shall be upgraded with seconda~ containment. The installation of the Dispenser liner has to be completed by Cecamber 22, '~ 9~8 and the deadline for seconda~ containment of all manifold piping is sometime in the year 2009. Enclosed is the Florida Administrative Code, Chapter 62-761 that Governs Storage Tank Systems, that pe~ain to the time table for Under Ground Storage Tanks and Integral Piping. As always I am available for any questions regarding this memorandum. /pd Enc: Attachments cc: David T. Harden, City Manager Richard Hasko, Director of ESD Brahm Dubin, Municipal Golf Course Erin Dougherty, Municipal Golf Course Hoyt Owens, Deputy Director Public Works n' Gurumo, Compliance Manager [lTV OF DELRrI¥ BERTH CITY ATTORNEY'S OFFICE ~°° ~'" ~ ^"~' ~'^"'"~"~"' ~-°"~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (56 I) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM 1993 TO: City Commission David T. Harden, City Manager FROM: Jay T. Jambeck, Assistant City Attorney ~l SUBJECT: Fee for Maintenance of Improvements within Right-of-way Finance has requested that the fee for maintenance of improvements within the right-of-way, authorized by Section 52.39(H) of the Delray Beach City Code, be increased from $5.00 per month per parcel adjacent to the right-of-way to $7.50 per month per parcel adjacent to the right-of-way. The attached ordinance reflects the requested fee increase and clarifies that the $7.50 fee is to be paid on a per month basis. Attachment cc: Alison MacGregor Harty, City Clerk Joseph M. Safford, Finance Director Susan Ruby, City Attorney Barbara Schooler, Utilities Customer Services Manager Joe Weldon, Parks & Recreation Director ORDINANCE NO. 52-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" , SECTION 52 . 39, "OTHER FEES" , SUBSECTION 52 . 39 (H) , "FEE FOR MAINTENANCE OF IMPROVEMENTS WITHIN RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASED FEE TO COVER THE ACTUAL COST OF WATER CONSUMPTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the actual cost of water consumption paid by the City for providing water to maintain right-of-way improvements located along the swale areas of Swinton Avenue exceeds the funds received by the City in order to maintain such improvements; and WHEREAS, Subsection 52.39(H) currently provides for only a $5.00 per month fee per parcel adjoining the improvement to cover the cost of providing water to such improvements within the right-of-way; and WHEREAS, the City Commission has determined that a fee of $7.50 per month per parcel adjoining the improvement would allow the City to recoup its costs and adequately fund the maintenance of an irrigation system along with the cost of water required in connection with such irrigation system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.39, "Other Fees", Subsection 52.39(H), "Fee for Maintenance of Improvements Within Right-of-Way", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 52.39 OTHER FEES. (H) Fee for Maintenance of Improvements Within Right-of-Way. In the event the City places landscaping improvements and irrigation systems to maintain the landscaping improvements within the right-of-way, the City Commission may impose a fee to cover the cost of providing water to maintain the improvements and to provide for the cost of installing and maintaining a sprinkler or other irrigation system. The City Commission may authorize the payment of a fee to be collected monthly and to be included on the monthly water bill for property owners whose property adjoins the right-of-way in which the City installed the landscaping improvements. The fee shall be $7.50 ~/99 per month per parcel located adjacent to the right-of-way. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 52-98 To: David T. Harden, City Manager Al From: Joseph M. ~ ~c~~ce Director Date: November 11, 1998 Subject: Swinton Avenue Swale Irrigation Charges As per your instructions, we have analyzed the water consumption versus water billings for the swale areas on Swinton Avenue. The analysis shows that we average $447.00 per month in usage or $5,364.00 on an annual basis. We currently bill $295.00 per month to adjacent property owners or $3,540.00 on an annual basis. This results in a shortfall of $152.00 per month or $1,824 per year. Ordinance No. 60-94, dated August 16th, 1994 (attached) was issued to provide for a fee to those property owners who adjoin the fight-of-way in which the City provided landscaping improvements. Section 1.(I) establishes a fee of $5.00 per parcel to cover the cost of'the following: 1. cover the cost of providing water to maintain the improvements 2. provide for. the cost of installing and maintaining a sprinkler or other imgation system In order to cover the actual cost of'water consumption alone, we would need to increase the $5.00 per month charge to $7,50 per month per parcel that adjoins the Swinton Avenue improvements. Please review the attached and determine if you would like to amend this ordinance to allow for this increase. end. Ordinance No. 60-94 dated August 16, 1994 cc: Barbara Schooler, Utilities Customer Services Manager Joe Weldon, Parks & Recreation Director