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Deerfield Beach Community
Redevelopment Agency Meeting
City Commission Chambers, Deerfield Beach City Hall
Chair Sylvia Poitier - Tardy
Albert R. Capellini, P.E.
Mahaney, City Manager
Maurodis, City Attoreny
Ada Graham-Johnson, CMC, City Clerk
August 19, 2008
made by Mr. Gonot and seconded by Mr. Popelsky to approve the agenda as
Voice Vote: YEAS: Mr. Gonot, Ms. Militello, Mr.
Popelsky, and Chair Capellini. NAYS: None.
June 17, 2008
made by Mr. Gonot and seconded by Ms. Militello to approve the June 17, 2008
minutes as submitted.
1 TAPE 1, COUNT 0027
Supplemental Work Authorization for
Continuing Services for Post Design/CEI Services for the Phase II “S” (SR-A1A)
Street Improvement project with McMahon and Associates in the amount of
Charles DaBrusco, Assistant Director of Public Works &
Environmental Services, stated that the funds of $30,900.00 were for
construction administration as related to the S-Curve project. He stated that
the McMahon contract only covers field inspections, observations, and
certifications for conformance with the plan. Mr. DaBrusco outlined each
process that has occurred up to this point. He stated that typically, 7.5 % of
the construction cost in a project is for the certification process. Contract
administration is typically 15% of contract. He said that much attention has
been needed in order to keep the contractor in line with the construction
project. He further stated that this work authorization will assure that their
contract is conformance with the existing Tenex contract.
Chair Capellini asked how the percentages were derived, and
asked if they are consistent with Department of Transportation (DOT).
Mr. DaBrusco replied that DOT is higher; these costs are
actually a little lower.
Chair Capellini asked how much for the construction
Mr. DaBrusco replied approximately $430,000.00. The request
Chair Capellini requested that staff provide the history of
the projected cost.
Carl Peter, Director of Public Works & Environmental Services, replied that he
does not have figures available.
Chair Capellini stated that he would like to review figures
prior to proceeding.
Michael Mahaney, City Manger, asked if the contract amount is about to be
Mr. DaBrusco replied no.
Chair Capellini asked if the ACE Chart is being used.
Mr. DaBrusco replied that the recommended percentage is
based on his previous experience.
Mr. Mahaney said that another CRA meeting will be needed prior
to the second meeting in September, due to current construction.
Items – CONTINUED
Chair Capellini asked how much has been authorized thus
Mr. DaBrusco replied that he does not have the current
contract with him.
Mr. Gonot said that this is why a full time person is
Mr. Mahaney disagreed and suggested gathering the
information and reporting back to the Commission at a future meeting.
Chair Capellini stated that it is the Commission’s duty to
ask questions and they are valid. Chair Capellini expressed concern with 15% of
the contract because $400,000 is a substantial amount of money to have them
oversee the project.
Mr. DaBrusco stated that the total contract amount is
$400,000, 15% is the amount to watch them.
Chair Capellini stated that he would like to review this
further, due to the 15% overseeing cost. He stated that ACE Chart estimates
around 7 – 7.5%. He asked if anyone had the chart available.
John DePalma, McMahon and Associates, replied that they are
authorized to perform $29,000 of CEI work; they are currently at 90 % of the
work through the end of July, and will not go over the amount. He stated that
if they approach the amount, they will stop working and will not be permitted to
advance, based on the contract with the CRA.
Chair Capellini requested a report outlining all monies disbursed
to McMahan and Associates.
Mr. DePalma explained that it is not their desire to delay
construction; but a matter of stopping work in agreement with the contract. He
stated that McMahon cannot proceed.
Chair Capellini stated he will not object to another
meeting, if need. However, it is important to review what funds have been
spent. He said if McMahon chose to stop work, and the City cannot proceed with
construction, there maybe a claim against them. Nevertheless, a general
percentage cannot be proven, other than what Mr. DaBrusco deems customary, then
another meeting is necessary.
Mr. DaBrusco stated that he will provide the Board with a
memorandum on his findings.
Mr. Gonot said that this illustrates a larger problem. He
said something needed to be decided today with a possible delay of
construction, and who is the responsible party; is not very clear.
Chair Capellini said that he does not object if the Board
wishes to authorize continued work; however, he expressed opposition with the
cost being 15% of the contract. He asked if McMahon and Associates had already
been authorized $60,000.
Mr. DePalma replied no, that McMahon has been authorized
Chair Capellini asked if McMahon is close to the 15%.
Mr. DePalma replied yes. He stated that the contract term
for Tenex has been extended; in addition, their work has expanded beyond the original
permitted work. There was additional pavement design needed because of the
sheet piling and underground subsurface investigations for utilities; now the
northbound lanes will be paved.
Chair Capellini said the work expansion is not a part of the
inspection. He asked why the figures aren’t broken up separately.
Mr. DaBrusco replied that it is all a part of the 15%. The
total amount was based on what work was being done; that includes additional
time required to finish the additional work.
Chair Capellini reiterated if construction is delayed and
the costs increase, McMahon can become accountable for that. He stated that if
additional costs are not for inspection, but design, then that is a different
scenario and should be broken down differently, because it would be a misrepresentation.
Mr. DePalma stated that McMahon had to do supplemental
design to satisfy FDOT, because the pavement design was different. He stated
that this is more than CEI, it is a combination of things that exacerbate the
Chair Capellini said that based on the information provided,
it indicates that McMahon requests to increase the CEI, and not because of a
design change. He said that he does not fault McMahon, but City Staff for not
presenting the problem.
Mr. DePalma stated that they are only working in the
confines of their contract. He also suggested that the City Attorney review
Chair Capellini’s statement concerning McMahon having authorization to continue
and not to delay the process, until Staff reviews the services. He stated that
they do not want to jeopardize the City’s work or contract work; nevertheless,
he does not want to perform work and not have a contract.
Chair Capellini asked Mr. DePalma how long he has worked
with the City.
Mr. DePalma replied since 1998.
Chair Capellini asked how much has the City paid McMahon and
asked if the City has ever not paid them.
Mr. DePalma replied that there have been services in which
they rendered and took risks with contract issues.
Vice Chair Poitier entered the meeting at 6:45 p.m.
Chair Capellini referred to the request for inspection
services of 15% of the contract. He said if it is supplemental design work, or
things that have changed at the request of DOT, then that is acceptable, but should
be itemized. He reiterated that if it is design work, it should not be
presented as inspection services, because it is a misrepresentation.
Mr. Gonot moved to approve for a two (2) week extension
based on the hourly rate and said that he does not have an issue with Mr.
DePalma and does not believe that the Board has the right to require him to
work outside the parameters of the contract. Therefore, since an hourly rate
is established, the motion will authorize a two (2) week extension, which
should cover it.
Mr. DePalma agreed with the Motion.
was made by Mr. Gonot and seconded
by Ms. Militello to approve a two week extension under the hourly unit rate.
Vote: YEAS: Mr. Gonot, Ms. Militello, Mr. Popelsky, Vice Chair Poitier, and
Chair Capellini. NAYS: None.
TAPE 1, COUNT 0368
Scope of Services Proposal for the Cove Shopping Center Phase I Parking Lot Improvements: Design, Permitting, Construction
Gerald Ferguson, Director of Planning and Growth Management/
Building, stated that the Iler Planning Group was contacted in order to develop
a scope of services to prepare the design and cost estimate, and bid document
before Phase 1 of the Cove Master Plan. He outlined all the elements of the
project and stated that the proposal amounts to $430,000.00. He stated that
Mr. Iler and his design team are present to outline the proposal.
Henry Iler, Iler Planning Group, introduced
members of his group. He stated that this presentation is not simply parking
lot design, but includes public workshops, that will cover architectural
features. He stated that primary design alternative is for the clock tower entry
feature, as well as signage and site furnishings. There will be several
meetings with the CRA and the
Community Appearance Board to make a selection for the final design. One of
the architectural features is on the northwest corner of the site, traveling east
on Hillsboro Boulevard, there will be a feature there announcing the Cove. He
stated that there will be landscaping enhancements, reorganization, according
to the Cove Master Plan, as to how the parking is laid out. He said there will
be the same number of spaces as illustrated in Phase 1.
Ms. Militello expressed concerns
with the number of parking spaces and proper drainage; she asked if parking
spaces will be lost based on the design and not having proper drainage.
Gary Tanner, Jacobs Consultancy,
replied that there have not been any preliminary meetings with the agencies.
One of the requirements is for surface storage; which normally requires giving
up asphalt space for green areas. However, he stated that being adjacent to
the Intracoastal may provide another means of disposing of storm water. He
explained other alternatives to drainage and stated that no agencies have been
approached as of yet.
Mr. Iler stated that they will
ask the agencies to review all alternatives that do not require a lot of
surface storage as an effort to maintain the maximum number of spaces. He
stated that there are many types of systems that can be utilized; rather than
grassy swells and palms.
Vice Chair Poitier asked is there
a County ordinance that requires keeping all surface water on the property.
Mr. Iler replied yes, you have to retain the first inch of
Vice Chair Poitier asked why the Intracoastal would be an
option, when you have to retain.
Mr. Tanner said that they are
asked to keep drainage on site, but the Intracoastal provides another option; storm
water can be disposed of into salty water. The Intracoastal will provide a
salty area for disposal of storm water; not directly into the Intracoastal, but
underground which is brackish. He stated that by State rules, they are allowed
to dispose of.
Chair Capellini asked what the
Mr. Ferguson replied $430,000.00
is the proposal. The next step would be to propose a contract for scope
of service and present at the next meeting.
In response to Chair Capellini’s
question, Mr. Iler replied that the fee would extend through construction.
MOTION was made by Ms.
Militello and seconded by Vice Chair Poitier to table until the next meeting.
ITEM 3 TAPE
1, COUNT 0678
CRA Resolution 2008/005 - A Resolution of the Board of the Commissioners of the
Community Redevelopment Agency of the City of Deerfield Beach, Florida,
authorizing the Chairman, or his designee, of the Community Development Agency,
to enter into an applicant-installed Facilities Agreement for underground
conversions (WR #3236368) with Florida Power & Light Company
Resolution title was read by title only.
Andrew Maurodis, CRA Attorney, said that this is an
agreement that FPL requires for underground conversion. He stated that there
is an indemnity agreement which requires that the Board indemnify them against their
own negligence; however, he is not in agreement with this stipulation. Nevertheless,
the job cannot be performed without it. He suggested that the contract be
approved subject to final approval by the CRA Attorney.
Charles DaBrusco, Assistant Director of Public Works &
Environmental Services, said that after the conduits are installed, FPL is
requiring three (3) to five (5) months to pull their cables and install
transformers. They are also requesting an additional six (6) months to
transfer power lines from above ground to the underground system. Further, an
additional two (2) to three (3) months will be needed to pull the poles. This
time frame does not fit with the City’s construction schedule. He said that he
has been communicating with the contractor to ensure that costs do not increase
due to this issue. Moreover, he stated that if materials are purchased upfront
and stored, it would assist in keeping the price at the current rate. Therefore,
it is important that the contracts are not tied, thus, the contractor would not
have to adhere to FPL’s timeframe. With regard to retainage, if the contractor
has done their work and FPL has not, there is question as to whether their
retainage should be withheld based upon FPL taking additional time to complete
Continuing, Mr. DaBrusco stated that once the contractor has
completed their work, he would like to dismantle his maintenance of traffic
plan (MOT), and have FPL assemble their own MOT to finish their work.
In response to Vice Chair Poitier’s question, Michael Mahaney, City Manager, replied that there have been problems with FPL prior to his
General Items – CONTINUED
Mr. DaBrusco said that he would like to propose an agreement
with FPL to avoid issues later. He said that the intent is to build everything
possible. He explained that continued building would allow the contractor to
continue the project without having to delay. He stated that the largest
obstacle would be the time frame with respect to increase in prices for
In response to Vice Chair Poitier’s question, Mr. Maurodis
replied that this is one portion of the agreement, as others are to follow. He
stated that FPL advised that they are unable to provide the agreements because
they do not have the amounts.
Mr. Mahaney said that there have been many conversations with
Tony Newbold FPL and Dodie Keith-Lazowick, Keith & Associates; nonetheless,
it is not an easy project to underground when FPL is not in favor of it.
Mr. DaBrusco stated that they just received the timeframe
Vice Chair Poitier said that there are people at FPL’s
Corporate office that should be able to assist the City. She stated that other
cities did not encounter these issues and neither should Deerfield Beach.
Mr. Mahaney said that it depends on the length of the
project. There are requirements according to State Law regarding the number of
residential units are affected and the total length of the project. He stated
that this project does not meet the criteria of the State Law with FPL.
Chair Capellini asked if Mr. Mancini will be interrupted.
Mr. DaBrusco stated that they were due to start on Friday;
however, due to the storm, it was decided not to proceed. He said that they
are fully prepared to move ahead.
In response to Chair Capellini’s question, Mr. DaBrusco
replied that their schedule will not be interrupted. He said that the City
will install their conduits. He said that since the City is doing the
underground work, FPL will only pull cables through.
Chair Capellini asked if the City’s contractor will be
interrupted based on FPL’s decision as to when to pull the cables.
Mr. DaBrusco replied yes.
Chair Capellini asked if additional costs will be incurred.
Mr. DaBrusco stated that he would like to workout an
agreement with Mancini to work out an arrangement, as they are amenable.
Mr. Gonot said there will be two (2) MOT plans, one with FPL
and Mancini. He asked how long with the traffic impact be.
Mr. DaBrusco replied that the MOT will be mostly for
pedestrians, not vehicular as it will be outside the road surface.
Chair Capellini asked if Mancini has begun pouring concrete.
Mr. DaBrusco replied yes.
Chair Capellini stated that concrete is expected to increase
next month by approximately $25 per cubic yard.
Mr. DaBrusco stated that there has already been an increase
from the utility supplying the water main.
Chair Capellini requested that staff meet with Tony Newbold,
FPL, regarding this matter.
Vice Chair Poitier recommended that the City Manager contact
Mr. Newbold and a meeting with him to determine the answer.
Mr. Mahaney stated that he is sure the answer will be no.
Chair Capellini said there should be a set schedule for Mancini
and FPL. Should they deviate from the schedule, they should be responsible for
Mr. DaBrusco stated that FPL is not giving the City a
Mr. Maurodis recommended that if desired, that the
Commission approve this agreement subject to his approval of form, and Gerald
Ferguson, Director of Planning & Growth Management/Building, approval of
content. He suggested that the resolution be approved based on those
guidelines and return in two (2) weeks.
Ms. Militello suggested that FPL is invited to attend the
meeting, since their information was received when the City’s plan was intact.
Additionally, Ms. Militello said that the City moved forward
and FPL did not tell them, and they were in the loop. Additionally, Ms.
Militello stated that she did not agree with FPL’s last minute involvement,
since the City had already begun working on the project.
Vice Chair Poitier stated that FPL is not very difficult, as
she has had dealings with them in the past. She stated that if the residents
who will be affected demand that the wires be placed underground they will be
Chair Capellini suggested conditional approval to the
agreement and return in two (2) weeks with a one (1) hour meeting to handle
Mr. DaBrusco said that there are only six (6) customers who
will have underground lighting.
Chair Capellini stated that this matter must be resolved prior
to construction commencing because once construction begins, it is easy to lose
control of the project, and the costs will increase.
Mr. DaBrusco stated that a Notice to Proceed has been issued
and construction is scheduled to begin on Monday. He asked if the Board is
recommending halting construction.
Chair Capellini replied that it would be unfair to have them
mobilized and then find out that FPL will not get there.
Mr. DaBrusco stated that the work is towards the end of the
Vice Chair Poitier made a motion to approve the agreement
subject to the City Attorney and the Planning Director’s final approval.
Mr. Maurodis reiterated that the agreement would be subject
to approval by form from him and by content with Mr. Ferguson.
Capellini stated that the schedule with FPL must be straightened out.
response to Chair Capellini’s question, Mr. Tanner replied that FPL will not
start work until the entire duct bank installation west of the Intracoastal is
complete. He said they will take three (3) to five (5) months to pull the
cables and set the transformer.
Chair Capellini asked if there will be an additional cost.
Dan Lacrosse, Ric-Man Construction, replied a slight cost of
$20,000 - $25,000 to start up again.
Mr. DaBrusco stated that if they are allowed to move their
trailer after all the work is done, they would have to carry the cost.
Therefore, it is important to get in agreement with them.
Chair Capellini asked that Mr. DaBrusco have an agreement
drawn up and presented at the next CRA Meeting.
DaBrusco asked if he could commence construction.
Capellini replied yes, as long as an agreement is in place.
was made by Vice Chair Poitier and
seconded by Ms. Militello to approve agreement subject to the City Attorney and
Planning Director’s approval.
ITEM 4 TAPE
1, COUNT 1200
Update on current CRA projects.
Chair Capellini stated that this item would be moved to the
There being no further business, the
meeting was adjourned at 7:15 PM.
ALBERT R. CAPELLINI, P.E., CRA CHAIR
CMC, CITY CLERK