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06-17-88SpMtg JUNE 17, 1988 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall.at 4:20 P.M., Friday, June 17, 1988. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger (Arrived 4:30 P.M.) Commissioner Mary McCarty Commissioner Jimmy Weatherspoon (Arrived 4:35 P.M.) Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and Assistant City Attorney Jeffrey S. Kurtz Mayor Campbell called the meeting to order and announced ~hat this meeting has been called for the purpose of considering (1) Awar~ of Addendum No. 3 to the agreement between the City and CH2M Hill i~ an amount not to exceed $287,000 to provide for engineering design~and construction services related to the installation of airstripping technology in order to purify t.he water from the City's contaminated wells; (2) Finalization of agreement between the City and Procacci Development Corporation re Auburn Trace Housing; (3) Public Hearing on leasing certain property and entering into an Agreement between the City, Delray Beach Historical Society and Old School Square for use of Cason Cottage; (4) Award of Contract for the Atlantic Avenue Beautifica- tion Project to Charles S. Whiteside Inc., in the amount of $1,500,000. 3. The City Manager reported the agreement has been revised and advertised; the City has received no other proposals for use of the Cason Cottage. The draft before the Commission is ready for approval with one technical change. Throughout the body of the agreement the word " ' " Foundation appears; the foundation is not a foundation, rather it is a corporation, so that should be Old School Square, Inc. Ms. Brainerd moved to approve the Cason Cottage lease, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3oto 0 vote. Before roll call the following discussion was had: The City Manager introduced Marylou Strollo who has been selected by Old School Square as Executive Director in charge of admin- istrative activities and fund raising, as the art and cultural facili- ties evolve. At this point the roll was called to the motion. 4. The City Manager stated he understood the Commission wanted this item back on the agenda to determine whether a change in the contract needed to be made with regard to the street lighting. Subse- quent to that they have done some analysis and review of the questions that were raised. He advised the difference between the FP&L proposal and the City-owned street lights would amount to appzoximately $6,000 per year. The cost for the lights themselves (bulbs, installation) is $140,000 in the Whiteside contract whereas FP&L had estimated $127,000, which is of limited significance when you consider the visual impact of the lights the City has selected. The ongoing costs will be $2100 per month for our lights and $1500 to $1600 per month for the FP&L lights, a difference of approximately $500 per month. The City Manager advised he felt the $5,000 or $6,000 differential per year is well worth the aesthetic improvement that the lower acorn light will have. Hugh Clinton, who has been working with the engineering staff in this regard, advised that FP&L is almost giving the City their lights for nothing. After reading the report from Visions 2000 and the fact that they estimate spending in excess of $40,000,000 over the next few years, it is his position that the City cannot afford that. Priorities become very important and when you start wasting a quarter or half a million dollars here and there, it is money that should be used some- where else for something more advantageous. Upon question by Ms. Brainerd, the City Manager advised that all of the numbers that they are working with can't possibly be known by everyone else since it is staff work. Ms. Brainerd asked that the Commission be furnished with a picture of the FP&L light and a line item of the dollar amount and a picture of the light the City chose and a line item on that. Discussion followed with regard to the design selected. Ms. McCarty asked for a report in the Commission packet for their review. The City Manager withdrew the item from the agenda since no further action is required at this time. Commissioners Horenburger and Weatherspoon arrived at ~his time. 1. Assistant City Attorney Kurtz reported there has been a t~po- graphical or math error; the actual amount the Commission is to consider is $341,170, the difference being in the scope of the work. The servic- es during construction will actually total about $297,000 and then there is another $45,000 for ground water and treatment system monitoring; this is contained in Option #2 of the Commission package. He advised this covers detailed final design of the system, engineering services during construction, permitting and ground water and treatment system monitoring after completion of the project. The total is $341,170, the labor cost is $228,920 and the expenses $52,250; these are estimates and are not-to-exceed amounts. Mayor Campbell stated that naturally they are somewhat con- cerned when there are points raised by Post Buckley. The City Manager read from the Director of Public Utilities memo, which was furnished the Commission, explaining the differential between the Post Buckley numbers and CH2M Hill. The Post Buckley figure is about $3,900 less for detailed design; for construction services about $44,000 less. Mr. Pontek indicated that the construction services for CH2M Hill were on a not-to-exceed basis and doubted that they would actually invoice the City for that amount. He believed the differential in fees not to be significant and the recommendation of the City Attor- ney's Office to award to CH2M Hill is a sound one. Mayor Campbell advised he will not question-this; however, some of the information he has received is cOntrary to that and he is not so sure he is ready to immediately vote on a contract that appears to be about a $63,000 difference. He feels every dollar is important. Upon question, Assistant City Attorney Kurtz advised the bidding war would be inappropriate and if the Commission is going to consider any other firm than CH2M Hill the City Attorney's Office would recommend that the City do an RFP; however, this will delay implementa- tion of this project. They cannot allow Post Buckley to walk in without an RFP and open it up for bids from other firms. His office is using CH2M Hill for several reasons, one of which is their reputation in airstripping technology. Assistant City Attorney Kurtz commented there is a cost in delaying this. The carbon changes are going to run about $40,000 per unit and the City is anticipating having to make possibly a carbon change in September. If we are close to having the airstripping technology on, that change will be avoided and we don't anticipate any others. If, however, it is delayed two or three months the City will probably have to make two or three carbon changes and now you are talking perhaps $120,000. Mr. Weatherspoon commented that he feels comfortable with CH2M Hill; he cannot see having another firm come on line and being able to -2- 6/17/88 present the product the City expects in the time frame. Ms. Brainerd concurred with Mr. Weatherspoon's comments and stated she is ready to move on the contract. Ms. Horenburger stated her main concern is getting the job done and she has question about the legal ramifications that the Attorney's Office raised and changing firms in mid stream. Ms. McCarty concurred. Ms. McCarty moved to award the contract to CH2M Hill, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Ms. Horenburger commented that she hates to spend $63,000 extra if, indeed, that is what we are doing and it is not clear that, in fact, that's what we're doing. None of the Commission wants to spend anymore than they have to, but she feels the City's feet are to the fire on our most essential service and we need to move forward. At this point the roll was called to the motion. ~ 2. The City Manager stated Assistant City Attorney Kurtz and~ Mr. Procacci have been negotiating this item back and forth. He ~ade reference to a letter that was sent this date by the City. Mayor Campbell declared a recess so that Mr. Procacci could read the letter, the time being 4:55 P.M. The meeting reconvened at 5:10 P.M. and recessed until 7:00 P.M., Tuesday, June 21, 1988. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of June 17, 1988, which minutes were formally approved and adopted by the City Commission on NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -3- 6/17/88