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Deerfield Beach Community Redevelopment Agency Meeting

Tuesday, August 19, 2008

6:30 P.M.

City Commission Chambers, Deerfield Beach City Hall



The meeting was called to order by Chair Capellini at 6:35 p.m. on the above date in the City Commission Chambers, City Hall.


Roll Call:


            Present:                                              Mr. Steve Gonot

                                                                        Ms. Pam Militello

                                                                        Mr. Martin Popelsky

                                                                        Vice Chair Sylvia Poitier - Tardy

                                                                        Chair Albert R. Capellini, P.E.


            Also Present:

                                                                        Michael Mahaney, City Manager

                                                                        Andrew Maurodis, City Attoreny

                                                                        Ada Graham-Johnson, CMC, City Clerk


Approval of the agenda                                        TAPE 1, COUNT 0017


August 19, 2008


MOTION was made by Mr. Gonot and seconded by Mr. Popelsky to approve the agenda as submitted.


Voice Vote:  YEAS:  Mr. Gonot, Ms. Militello, Mr. Popelsky, and Chair Capellini.  NAYS:  None.


Approval of minutes                                                            TAPE 1, COUNT 0023


June 17, 2008


MOTION was made by Mr. Gonot and seconded by Ms. Militello to approve the June 17, 2008 minutes as submitted.


Voice Vote:  YEAS:  Mr. Gonot, Ms. Militello, Mr. Popelsky, and Chair Capellini.  NAYS:  None.




General Items


                                    ITEM 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 $30,900.


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 contract. 


Mr. DaBrusco replied approximately $430,000.00. The request is 15.3%.   


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 surpassed. 


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.


General Items – CONTINUED


Chair Capellini asked how much has been authorized thus far. 


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 needed. 


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. 




General Items – CONTINUED


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 $29,000. 


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 project. 


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.




General Items – CONTINUED


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.


MOTION was made by Mr. Gonot and seconded by Ms. Militello to approve a two week extension under the hourly unit rate.


Voice Vote:  YEAS:  Mr. Gonot, Ms. Militello, Mr. Popelsky, Vice Chair Poitier, and Chair Capellini.  NAYS:  None.


                                    ITEM 2                                              TAPE 1, COUNT 0368


Scope of Services Proposal for the Cove Shopping Center Phase I Parking Lot Improvements: Design, Permitting, Construction Administration.


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


General Items – CONTINUED


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 storm.


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 fee is.


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. 



General Items – CONTINUED


MOTION was made by Ms. Militello and seconded by Vice Chair Poitier to table until the next meeting.


Voice Vote:  YEAS:  Mr. Gonot, Ms. Militello, Mr. Popelsky, Vice Chair Poitier, and Chair Capellini.  NAYS:  None.


                                    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 the job. 


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 tenure. 


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 materials.


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 Thursday morning. 


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. 




General Items – CONTINUED


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 additional costs.


Mr. DaBrusco stated that FPL is not giving the City a schedule.


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 considered.



General Items – CONTINUED


Chair Capellini suggested conditional approval to the agreement and return in two (2) weeks with a one (1) hour meeting to handle these issues.


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 project.


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.


Chair Capellini stated that the schedule with FPL must be straightened out.


In 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.


Mr. DaBrusco asked if he could commence construction.



General Items – CONTINUED


Chair Capellini replied yes, as long as an agreement is in place.


MOTION was made by Vice Chair Poitier and seconded by Ms. Militello to approve agreement subject to the City Attorney and Planning Director’s approval.


Voice Vote:  YEAS:  Mr. Gonot, Ms. Militello, Mr. Popelsky, Vice Chair Poitier, and Chair Capellini.  NAYS:  None.


                                    ITEM 4                                               TAPE 1, COUNT 1200


                        Update on current CRA projects.


Chair Capellini stated that this item would be moved to the next meeting.


Board/Administration Comments


No report.




There being no further business, the meeting was adjourned at 7:15 PM.