TUESDAY McEADDY CONFERENCE
9:30 A.M. ROOM
VIVIAN VALENTIN
DEPUTY CLERK
1. CALL TO ORDER
A. Roll Call
B. Invocation
C. Pledge of Allegiance
2. AGENDA APPROVAL
A. Additions, Deletions, Substitutions
B. Adoption
| Aaronson | Greene | Koons | McCarty | Marcus | Masilotti | Newell |
| Yes | Yes | Yes | absent | Yes | Yes | Yes |
3. CONSENT AGENDA (Pages 7 - 40)
4. SPECIAL PRESENTATIONS - 9:30 A.M. (Page 41)
5. REGULAR AGENDA (Pages 42-45)
6. BOARD APPOINTMENTS (Pages 46-48)
7. MATTERS BY THE PUBLIC - 2:00 P.M. (Page 49)
8. STAFF COMMENTS (Page 50)
9. COMMISSIONER COMMENTS (Page 51)
10. ADJOURNMENT (Page 51)
FEBRUARY 7, 2006
A. ADMINISTRATION
Page 7
3A-1 Amendment No. 2 with Langton Associates, Inc. for consulting/professional services
3A-2 Expenditure of $60,000 for neighborhood street lighting program
B. CLERK AND COMPTROLLER
Page 7
3B-1 Warrant List
3B-2 Minutes of the Board of County Commissioners' meetings
Page 8
3B-3 Contracts and claims settlements list
3B-4 Change orders, work task orders, minor contracts, final payments and other items
C. ENGINEERING
Page 8
3C-1 Deleted
3C-2 Contract with J.W. Cheatham, Inc. for Lantana Road and Hagan Ranch Road/Fearnley Drive intersection improvements
3C-3 Deleted
3C-4 Supplemental Agreement No. 2 with Lawson, Noble & Webb, Inc. for professional services
Page 9
3C-5 Tri-Partite Agreement with FEC and FDOT for operation of railroad crossing No. 272390-P
3C-6 Interlocal Agreement with Village of Royal Palm Beach for Persimmon Extension project
3C-7 Amendment with Village of Palm Springs for improvement along 10th Avenue North
3C-8 Agreement with Creech Engineers, Inc. for professional services
Page 10
3C-9 Reimbursement Agreement with City of Riviera Beach for improvements to West 22nd Street and 22nd Court
3C-10 Amendment with Northtree Community Association for improvements along Hagan Ranch Rd.
3C-11 Agreement with Kimley-Horn and Associates, Inc. for professional services
3C-12 Agreement with EAC Consulting, Inc. for professional services
3C-13 JPA with City of West Palm Beach for construction of a pedestrian bridge over the M-Canal
Page 11
3C-14 Budget Transfer of $58,000 to Cabana Colony Canal cleaning
3C-15 Deleted
3C-16 Agreement with Crossroads Engineering & Surveying for professional services
3C-17 Deleted
3C-18 Deleted
3C-19 Renewal of the street lighting agreements with various firms
3C-20 Annual traffic signal contracts with various firms
D. COUNTY ATTORNEY
Page 12
3D-1 Settlement in the eminent domain case Palm Beach County v. AMKBJ Partners, Ltd
3D-2 Amendment No.1 with Holland & Knight, LLP related to the $50M Water and Sewer Revenue Bonds
3D-3 Settlement in the personal injury case of Collin Scille and Denise Scille
3D-4 Deleted
3D-5 Proxy appointing Commissioner Marcus as the County representative for voting at the Pal Mar Water Control District meeting
E. COMMUNITY SERVICES
Page 13
3E-1 Amendment No. 001 with Area Agency on Aging for the Emergency Home Energy Assistance for the Elderly Program
3E-2 Standard Agreement with Area Agency on Aging for Older Americans Act programs
3E-3 Deleted
3E-4 Amendment No. 1 with Comprehensive AIDS Program of the Palm Beaches
FEBRUARY 7, 2006
E. COMMUNITY SERVICES (Cont'd)
Page 14
3E-5 Head Start Supplemental Application with U.S. Department of Health & Human Services
3E-6 Agreement with Oakwood Center of the Palm Beaches, Inc. for the Ryan White program
F. AIRPORTS
Page 14
3F-1 Receive and file seven (7) standard contracts/agreements/grants
15
Page 3F-1 continues
Page 16
3F-2 Change Order No. 2 with Centex Construction for security checkpoints extensions
3F-3 Amendment No. 1 with CH2M Hill, Inc. for consulting/professional services
Page 17
3F-4 Memorandum of Understanding with Federal Aviation Administration for airfield improvements
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 16
3G-1 Settlement offer for Code Enforcement Lien against Claude T. Tolbert
3G-2 Settlement offer for Code Enforcement Lien against David J. Vetter
3G-3 Budget Amendment of $39,925 in the Northlake Boulevard Improvement Fund
Page 18
3G-4 Budget Amendment of $230,000 in the Abacoa Impact Fee Account
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Amendment No. 1 with Holt Contractors, Inc. as an annual general contractor
3H-2 Amendment No. 2 with Advanced Roofing, Inc. for annual roofing contract
Page 19
3H-3 Amendment No. 4 with Hill York Service Corp. for annual HVAC contract
3H-4 Amendment No. 4 with York International Corp. for annual HVAC contract
3H-5 Amendment No. 4 with Farmer & Irwin Corp. for annual HVAC contract
Page 20
3H-6 Amendment No. 4 with Precision Air Systems, Inc. for annual HVAC contract
3H-7 Amendment No. 4 with E.C. Stokes Mechanical Contractor, Inc. for annual HVAC contract
3H-8 Contract with C.R. Dunn, Inc. for electrical contracting services
Page 21
3H-9 Contract with Horsepower Electric, Inc. for electrical contracting services
3H-10 Contract with BK Electric, Inc. for electrical contracting services
3H-11 Contract with Knight Electric Company, Inc. for electrical contracting services
Page 22
3H-12 Second Assignment and Assumption Agreement with Jupiter Stadium, Ltd. for Hurricane Wilma repairs
3H-13 Contract with McTeague Construction, Inc. for construction of Fire Station No. 36
3H-14 Change Order No. 1 with West Construction, Inc. for construction of a floating dock
3H-15 CSA No. 10 with Tierra, Inc. to provide materials testing and special inspection services
Page 23
3H-16 CSA No. 12 with Miller, Legg and Associates, Inc. to revise Research Village infrastructure construction drawings
3H-17 CSA No. 6 with Pierce Goodwin Alexander & Linville, Inc. for professional construction administration services for South County Courthouse expansion
3H-18 Extension of Lease Agreement with Oscar & Catalina Rojas for Palm Tran Connection office
3H-19 Receive and file a County Deed to Corporate Center West, LLC.
Page 24
3H-20 Release, Termination and Quitclaim of Reservation on the FAU TV tower site
3H-21 Contract with Pierce Goodwin Alexander & Linville, Inc. for master planning and program development for the Judicial Facilities Master Plan update
3H-22 Lease Termination Agreement with George & Sandra Blumel for PBSO space
Page 25
3H-23 Amended and Restated Utility Easement Agreement to provide communication services to FPL substation
FEBRUARY 7, 2006
I. HOUSING & COMMUNITY DEVELOPMENT
Page 25
3I-1 Agreement with Operation Hope, Inc. for acquisition of property with CDBG funds
3I-2 Amendment No. 001 with Adopt-A-Family to change contract provisions
Page 26
3I-3 Loan Agreement with Green Cay Village Apartments, Ltd. in SHIP funds
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 26
3K-1 Change Order No. 3 with AKA Services for the Northern Region Utility Improvement project
Page 27
3K-2 Change Order No. 2 with Southeast Drilling Services for the LRWTP production wells
3K-3 Partial Release of Utility Easement on land owned by Fidelity Federal Bank & Trust
3K-4 Receive and file work authorization for the West Atlantic Ave. and Turnpike project
Page 28
3K-5 Amending Resolution for the Delray Gardens Estates Water Main Extension project
3K-6 Permit and License with City of West Palm Beach for utility crossing over the M-Canal
3K-7 Receive and files ten (10) various standard agreements for Water Utilities
Page 29
3K-7 Continues
Page 30
3K-8 Deleted
3K-9 Change Order No. 2 with Garney Companies for the Northern Region Utility Improvement project
3K-10 Work Authorization No. 13 with Foster Marine Contractors for the Century Village Reclaimed Water Pipeline project
Page 31
3K-11 CSA No. 17 with Mathews Consulting, Inc. for technical services
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 31
3L-1 Budget Transfer of $20,000 in the $75 M General Obligation Conservation Land 1999 Bond
3L-2 Grant Application with the Florida Department of Agriculture and Consumer Services
Page 32
3L-3 Twenty (20) year Designation Agreement with FDEP for the Greenways & Trails System
M. PARKS & RECREATION
Page 32
3M-1 Standard Independent Contractor Agreement revisions
Page 33
3M-2 Agreement with Marine Industries Association for the 2005 Holiday Boat Parade
3M-3 Agreement with South Florida Opera Company for "Peter and the Wolf"
3M-4 Agreement with Delray Beach Arts, Inc. for the 7th Annual Delray Beach Garlic Fest
3M-5 Agreement with the School Board (Palm Beach Lakes High) for recreation field improvements
3M-6 Agreement with the Town of Palm Beach Shores for Inlet Park improvements
Page 34
3M-7 First Amendment with City of Atlantis for the Kintz Park splash pad and park improvements
3M-8 Agreement with the Town of South Palm Beach for senior citizens programs and Town's 50th Anniversary Celebration
3M-9 Agreement with the City of Delray Beach for Summer Days of Roots Festival
3M-10 Receive and file School Board RAP projects
Page 35
3M-11 Agreement with Inner City Youth Golfers for programs operational expenses
3M-12 Agreement with Expanding and Preserving Our Cultural Heritage for kids cultural program
3M-13 Agreement with the City of Belle Glade for parks and recreation program and expenses
Page36
3M-14 Receive and file Amendment to RAP project with Chabad-Lubavitch of Boynton, Inc.
3M-15 Reallocation of $269,679 from various District 1 bond projects for Marinelife Center
FEBRUARY 7, 2006
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES
Page 36
3R-1 2005-2006 Affirmative Action Plan
S. FIRE RESCUE
Page 37
3S-1 Transfer and conveyance of fire rescue assets to City of Belle Glade
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 38
3U-1 Task Orders for planimetric mapping and color digital orthophotography
3U-2 Deleted
3U-3 Statement of Work with American Management Systems, Inc. for Advantage System
Page 39
3U-4 Confirming Order with Novell, Inc. for Secure Identity Management project
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 39
3X-1 Receive and file four (4) standard agreements for Public Safety Department
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 39
3AA-1 Amendment No. 2 with Area Agency on Aging for paratransit trips
BB. SUPERVISOR OF ELECTIONS
Page 40
3BB-1 Precinct boundary changes
CC. TOURIST DEVELOPMENT COUNCIL
Page 40
3CC-1 Sixth Amendment with Palm Beach County Film & Television Commission
Page 41
4A Palm Beach Gardens High School Football Team's victory
4B Dial 2-1-1 Week
4C Women in Construction Week
4D Mrs. Trudie Hands 100th Birthday
FEBRUARY 7, 2006
AIRPORTS
Page 42
5A-1 Negotiations of extensions of PBIA's Lease and Concession Agreements
ENVIRONMENTAL RESOURCES MANAGEMENT
Page 42
5B-1 Resolution authorizing the commencement of eminent domain proceedings within the County's Cypress Creek Natural Area
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 43
5C-1 Resolution authorizing the issuance of General Obligation Bonds (Waterfront Access)
5C-2 Resolution relating to $50M General Obligation Bonds (Waterfront Access)
ADMINISTRATION
Page 44
5D-1 Resolution encouraging the Florida Legislature to establish a dedicated funding source for the South Florida Regional Transportation Authority
FACILITIES DEVELOPMENT & OPERATIONS
Page 44
5E-1 Amendment to Lease Agreement with Shiraz, Inc. for the Airport Center Hilton Hotel
BOARD APPOINTMENTS (Pages 45 - 47)
MATTERS BY THE PUBLIC - 2:00P.M. (Page 48)
STAFF COMMENTS (Page 49)
COMMISSIONER COMMENTS (Page 50)
ADJOURNMENT (Page 50)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
This following Items were approved under one motion and vote:
| Aaronson | Greene | Koons | McCarty | Marcus | Masilotti | Newell |
| Yes | Yes | Yes | absent | Yes | Yes | Yes |
Staff recommends motion to approve: Amendment No. 2 to the Contract for Consulting/Professional Services with Langton Associates, Inc. (R2004-0180) for services related to Palm Beach County's Grant Development Program for the period of February 1, 2006, through January 31, 2007, in the amount of $82,047. SUMMARY: On February 3, 2004, the Board approved a Consulting/Professional Services contract with Langton Associates, Inc. for the term of February 1, 2004, through January 31, 2005 to provide grant program development services. Amendment No. 1 approved on February 1, 2005 extended the term an additional one-year period and a 5% increase over the annual amount. This Amendment will extend the term of the Contract an additional one-year period and does not increase the annual amount. Countywide (DSW)
2. Staff recommends motion to approve:
A)
expenditure in the amount of $60,000 from the Office of Community Revitalization Neighborhood Street Lighting Program in the Capital Outlay Fund to assist in the installation and maintenance of twenty (20) "cobra head" streetlights within the Westgate CCRT area;
B)
Budget Transfer of $60,000 within the Capital Outlay Fund from the Street Lighting Program to the Gulfview Heights Street Lighting Project for $40,000 and to the CCRT Street Lighting Maintenance Fund for $20,000;
C)
Budget Transfer of $60,000 within the Transportation Improvement Fund from the Reserves for District 2 to the CCRT Street Lighting Maintenance Fund; and
D)
Budget Amendment of $80,000 in the CCRT Street Lighting Maintenance Fund to recognize and appropriate the transfer of $60,000 from District 2 reserve funds and the transfer of $20,000 from the Capital Outlay Fund.
SUMMARY: The total amount of funding provided for the Gulfview Heights Street Lighting Project is $120,000. This will cover the cost of installation of 20 lights along neighborhood streets and the operation as well as the maintenance of those lights over a twenty (20) year period. Funding is divided equally between District 2 reserve funds and the OCR Neighborhood Street Lighting Program. This street lighting project was initiated by members of the Westgate/Gulfview Heights Neighborhood Association. Based on OCR staff review, it was determined that the installation of these streetlights would help reduce area crime as well as enhance pedestrian safety and facilitate safer vehicular movement. District 2 (AH)
B. CLERK AND COMPTROLLER
1.
Staff recommends motion to approve: Warrant List.
2.
Staff recommends motion to approve: the following final minutes of the Board of County Commissioners' meetings:
Meeting Type Meeting Date
Comprehensive Plan November 28, 2005
Joint Meeting December 12, 2005
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
B. CLERK AND COMPTROLLER (Cont'd)
3.
Staff recommends motion to approve: Contracts (regular & hurricane related) and claims settlements list as submitted by various department to the Clerk & Comptroller's Office. Countywide
4.
Staff recommends motion to receive and file: change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Department; and the Department of Airports during December 2005. Countywide
C. ENGINEERING & PUBLIC WORKS
1. DELETED
2.
Staff recommends motion to approve:
A)
a $1,326,200.45 Contract with J.W. Cheatham, Inc. (Cheatham) the lowest responsive, responsible bidder, for the construction of Lantana Road and Hagen Ranch Road/Fearnley Drive Intersection Improvements (Project);
B)
a Budget Transfer of $848,835 in the Transportation Improvement Fund from Fiscal Year 2002 Road Program Reserves to Lantana Road and Hagen Ranch Road/Fearnley Drive Intersection Improvements;
C)
a Budget Amendment of $6,879 in the Road Program Impact Fee Fund - Zone 4 to recognize a utility reimbursement from Bell South Communications and appropriate it to Lantana Road and Hagen Ranch/Fearnley Drive Intersection Improvements.
SUMMARY: This Contract will provide all the work necessary to construct the Project. The Small Business Enterprise (SBE) goal for the Project was 15% overall. The SBE participation achieved for the Project by Cheatham is 14.7% overall. The low bidder, J.W. Cheatham, Inc. failed to meet the SBE goal of 15% established for this Project. The second and third low bids fall outside the range for ranking of responsive bidders consideration. Districts 2 & 3 (MRE)
3. DELETED
4.
Staff recommends motion to approve: Supplemental Agreement No. 2 to Project Agreement (R2004-0548) in the amount of $120,726.04 with Lawson, Noble & Webb, Inc. (LNW) for professional services. SUMMARY: This Supplemental Agreement will provide the services necessary for the preparation of a State Environmental Impact Report (SEIR) for Alternate AIA South of Frederick Small Road to Indiantown Road (Project). District 1 (PFK)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont'd)
5.
Staff recommends motion to adopt: a Resolution approving a Tri-Partite Agreement with Florida East Coast Railway L.L.C. (FEC) and Florida Department of Transportation (FDOT) for the operation of the FEC railroad crossing number 272390-P (mile post 294.47) on Blue Heron Boulevard at Old Dixie Highway. SUMMARY: This Agreement will provide for the installation, by FEC, of the necessary synchronization devices at FDOT's expense. Once completed, Palm Beach County (PBC) will be required to maintain the new traffic control devices (PBC already maintains the current signal), the common cable junction box, and the interconnecting cable. District 7 (MRE)
6.
Staff recommends motion to approve: an Interlocal Agreement with the Village of Royal Palm Beach (Village) regarding the County payment of $263,800 for property required for the Persimmon Boulevard South Extension from 110th Avenue North to Okeechobee Boulevard (Persimmon Extension Project), reimbursable payment of a not-to-exceed amount of $311,200 for landscaping improvements, and a one-time payment of $125,000 for landscaping and drainage pond maintenance, and for various construction improvements regarding the Okeechobee Boulevard Project from Royal Palm Beach High School to State Road 7 (Okeechobee Project). SUMMARY: The Board adopted Conceptual Alignment Alternative 1A of the Persimmon Extension Project at the Public Hearing held August 17, 2004. A portion of this alignment utilizes property owned by the Village. This Agreement will secure the Village-owned property required for the roadway extension. The Agreement also provides reimbursable funding for landscaping improvements along both the Persimmon Extension Project and the Okeechobee Project. The Village will also take over ownership of a drainage pond along the Persimmon Extension Project and be responsible for the perpetual maintenance of the pond and of the landscaping improvements. This Agreement also makes provisions for specific construction improvements to the Okeechobee Project, including sidewalk widths, curb and gutter limits, and preparation/facilitation of future landscaping. The total payment to the Village is not-to-exceed $700,000. Districts 2 & 6 (MRE)
7.
Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2004-1857) with the Village of Palm Springs (Village) for an extension of the completion date for improvements in and along the County's 10th Avenue North. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed $100,000, to the Village for the planned improvements in and along the County's 10th Avenue North from Rostan Lane to Cayman Drive. This Amendment will extend the completion date from September 30, 2005 to September 30, 2006. The completion date of the improvements has been delayed due to plant material availability and contract delays. District 3 (MRE)
8.
Staff recommends motion to approve: an Agreement in the amount of $135,116.47 with Creech Engineers, Inc. (CEI) for professional services. SUMMARY: This Agreement will provide the professional services necessary for the preparation of an alignment study for Australian Avenue from Blue Heron Boulevard to Old Dixie Highway (Project). District 7 (PFK)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont'd)
9. Staff recommends motion to approve:
A)
a Reimbursement Agreement in the amount of $259,547 with the City of Riviera Beach (City) for completion of the installation of Phase II improvements to West 22nd Street and 22nd Court within the City limits; and
B)
a Budget Transfer of $259,547 in the Transportation Improvement Fund from Reserve for District 7 to West 22nd Street and 22nd Court Improvement Project - District 7.
SUMMARY: This Budget Transfer reimburses the City the amount of $259,547 for installation of Phase II improvements to West 22nd Street and 22nd Court within the City limits. District 7 (MRE)
10.
Staff recommends motion to approve: an Amendment to the Financial Assistance Agreement (R2005-0033) with Northtree Community Association (Association) for an extension of the completion date for improvements in and along the County's Hagen Ranch Road. SUMMARY: The original Agreement provides for a reimbursement, in an amount not-to-exceed $25,000, to the Association for the planned improvements in and along the County's Hagen Ranch Road from the L-20 Canal to the Association's north property line. This Amendment will extend the completion date from December 31, 2005 to December 31, 2006. The completion of the improvements has been delayed due to permitting and hurricane related problems. District 3 (MRE)
11.
Staff recommends motion to approve: an Agreement in the amount of $56,362.15 with Kimley-Horn and Associates, Inc. (KHA) for professional services. SUMMARY: This Agreement will provide the professional services necessary for the preparation of a feasibility study for Belvedere Road, east of Jog Road to Military Trail (Project). Districts 2 & 6 (PFK)
12.
Staff recommends motion to approve: an Agreement in the amount of $459,328.92 with EAC Consulting, Inc. (EAC) for professional services. SUMMARY: This Agreement will provide the professional services necessary for the preparation of a study for Boca Club/Camino Real Bridge over the Intracoastal Waterway (Project). District 4 (PFK)
13. Staff recommends motion to approve:
A)
a Joint Participation Agreement with the City of West Palm Beach (City) in the amount of $35,000 for the funding of construction of a pedestrian bridge over the "M" Canal for the Grassy Water Preserve (a/k/a Water Catchment Area); and
B)
a Budget Transfer of $35,000 in the Fiscal Year 2003 Pathway Program to the "M" Canal Pedestrian Bridge Project - District 2.
SUMMARY: The District 2 Commissioner requested that pathway funds previously intended for a bridge project on Haverhill Road within District 2 be transferred to the "M" Canal Pedestrian Bridge Project. District 2 (MRE)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont'd)
14.
Staff recommends motion to approve: a Budget Transfer of $58,000 in the Transportation Improvement Fund from the Reserve for District 1 to Cabana Colony Canal (Canal) Cleaning - District 1. SUMMARY: This Budget Transfer will fund the cleaning of the canal by County forces. District 1 (MRE)
15. DELETED
16.
Staff recommends motion to approve: an Agreement in the amount $391,711.08 with Erdman Anthony of Florida, Inc. doing business as Crossroads Engineering & Surveying (EAF) for professional services. SUMMARY: This Agreement will provide the professional services necessary for the preparation of design plans and construction bid documents for Okeechobee Boulevard from West of "E" Road to East of Folsom Road (Project). District 6 (PFK)
17. DELETED
18. DELETED
19.
Staff recommends motion to approve: the renewal of the Street Lighting Agreements with the following firms:
Original
Firm Name Agreement Date Resolution No.
A)
Erdman Anthony of Florida
doing business as Crossroads
Engineering and Surveying January 13, 2004 R2004-0075
B)
Techno Engineering, Inc. January 13, 2004 R2004-0076
SUMMARY: These Agreements are being considered for renewal for required professional services, on a task order basis. Countywide (PFK)
20.
Staff recommends motion to approve: Contracts not-to-exceed the total value of $8,340,500 for task orders, which may be issued for the Annual Traffic Signal Contract with the A) Primary Contractor, Signal Technology and Installation Corporation, the lowest responsive, responsible bidder, and the B) Secondary Contractor, Traffic Control Devices, Inc., the second lowest responsive, responsible bidder. SUMMARY: The Annual Traffic Signal Contracts consists of furnishing and installing various signal components for traffic control devices. The Office of Small Business Assistance goals are set at 15% overall. Signal Technology and Installation Corporation achieved 15.8% Small Business Enterprise (SBE) participation and Traffic Control Devices, Inc. achieved 11.8% participation. Countywide (MRE)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
D. COUNTY ATTORNEY
1.
Staff recommends motion to approve: Settlement in the amount of $2,700,000 including attorney's fees, but excluding costs, in the eminent domain action styled Palm Beach County v. AMKBJ Partners, Ltd., et al., Case No. 502005CA007698XXXXMBAB, Parcel 109B, for roadway improvement as to Project 195611B, Lyons Road from Linton Boulevard to West Atlantic Avenue. SUMMARY: The County has negotiated a proposed settlement, including attorney's fees, but excluding costs, in the amount of $2,700,000 subject to the approval of the Board of County Commissioners. This Settlement will conclude all matters relating to this Parcel, including attorney's fees, but excluding costs. This Settlement will also result in the elimination of a significant business damage claim. District 5 (PM)
2.
Staff recommends motion to approve: Amendment No. 1 to the Agreement (R2004-2568) with the law firm of Holland & Knight, LLP, to provide bond counsel and related legal services for the issuance of approximately $50 Million Water and Sewer Revenue Bonds, Series 2006 to fund a portion of the Six Year Capital Improvements Program. SUMMARY: The law firm was selected as bond counsel for the above financing by the Board at the January 10, 2006 meeting. This Amendment confirms that selection by amending the existing Agreement for bond counsel and related services between Palm Beach County and the law firm. Payment for the legal services in connection with the bond issuance will be as provided for in the Agreement. Countywide (PFK)
3.
Staff recommends motion to approve: a Settlement Agreement, inclusive of attorneys fees and costs, in the total amount of $80,000 in the personal injury case of Collin Scille and Denise Scille v. Palm Beach County, Case No. CA-05-002938-AH. SUMMARY: This is a personal injury case arising from a motor vehicle accident which occurred on September 22, 2003, in Boynton Beach, Florida. Plaintiff, Collin Scille, alleges a Palm Tran bus ran a red light and as a result, Plaintiff t-boned the bus. The independent witnesses provided sworn testimony that the bus driver ran the red light, and Plaintiff was not at fault. Plaintiff, Denise Scille, has a loss of consortium claim. Countywide (PGG)
4. DELETED
5.
Staff recommends motion to approve: a proxy appointing Commissioner Karen T. Marcus as Palm Beach County's representative for purposes of voting at the February 15, 2006 landowners' meeting and any subsequent landowners' meetings of the Pal Mar Water Control District on the issue of dissolving the District pursuant to legislative act. SUMMARY: On February 15, 2006, the Pal Mar Water Control District is holding a landowners' meeting to consider whether to dissolve the District pursuant to legislative act. This proxy specifically authorizes Commissioner Marcus to vote on behalf of the County in any vote on whether the District should be dissolved. District 1 (JCM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
E. COMMUNITY SERVICES
1.
Staff recommends motion to approve: Amendment No. 001 to Standard Agreement No. IP005-1 (R2005-0747; dated April 19, 2005) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for the Emergency Home Energy Assistance for the Elderly Program (EHEAP) increasing the Agreement by $20,000 for a new total not-to-exceed $70,488 for the period March 1, 2005 through March 31, 2006. SUMMARY: This Amendment increases EHEAP funds by $20,000 and increases the projected minimum number of consumers to be served by 69. The Division of Senior Services (DOSS) will provide crisis benefits to approximately 223 eligible low-income households who meet 150% of the federal poverty guidelines, have a least one person age 60 years or older, and are experiencing a home energy emergency. Benefits include emergency assistance to prevent disconnection of utility services. No County funding is required. This Amendment was received by DOSS on December 20, 2005. (DOSS) Countywide, except for portions of Districts 3,4,5, and 7 south of Hypoluxo Road (TKF)
2. Staff recommends motion to:
A)
approve Standard Agreement No. IA006-1 providing for Federal funds up to $1,916,434 for the period January 1, 2006, through December 31, 2006, for Older Americans Act (OAA) programs; and
B)
ratify the Chairman's signature on the Service Provider Application with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for Federal funds of $2,160,962 for the period January 1, 2006, through December 31, 2006, for OAA programs.
SUMMARY: The OAA Standard Agreement will allow the County, through its Division of Senior Services (DOSS), to provide a broad spectrum of primary services under Title III of the Older Americans Act, to seniors age 60 and over. The OAA services are funded with $1,916,434 in federal funds provided through the AAA grant, a required County match of $212,937, additional County funds in the amount of $1,706,436, Nutrition Services Incentive Program meal funds in the amount $237,239 and program income funds (donations) of $77,690. The additional County funds required for FY 2006 have increased by 32% due to staff salary increases of $28,968 and an increase in cost of $385,000 associated with a new contract for congregate and home-delivered meals. The Service Provider Application with AAA will allow DOSS to provide the needed services to the elderly in a designated service area north of Hypoluxo Road. Mae Volen Senior Center provides OAA services south of Hypoluxo Road under a similar grant from AAA. The County's funding is included in the FY2006 budget. (DOSS) Countywide, except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
3. DELETED
4.
Staff recommends motion to approve: Amendment No. 1 to the Contract (R2005-0958; dated May 17, 2005) with Comprehensive AIDS Program of the Palm Beaches, Inc. to increase funding by $197,322 for a total not-to-exceed amount of $3,887,849 for the period March 1, 2005, through February 28, 2006. SUMMARY: Carryover funds have been granted from the U.S. Department of Health and Human Services under the Ryan White C.A.R.E. Act. The Priorities and Allocations Committee of the HIV Care Council has determined that the carryover funding of $197,322 is to be allocated to Comprehensive AIDS Program of the Palm Beaches, Inc. to be used for food bank, direct emergency assistance and substance abuse counseling. No County funds are required. (Ryan White) Countywide (TKF)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont'd)
5.
Staff recommends motion to approve: a Head Start Supplemental Application in an amount not-to-exceed $4,000, with the U.S. Department of Health and Human Services/Administration for Children & Families (HHS/ACF), for the Second National Head Start Hispanic Institute Conference. SUMMARY: The Federal Head Start Bureau is hosting the Second National Head Start Hispanic Institute Conference in Denver, Colorado from February 27 - March 3, 2006. Funds in the amount of $4,000 are being requested from HHS/ACF to seek support for four (4) staff members (2 from County Head Start Program and 2 from a delegate agency) to attend the conference. No County funds are required. (Head Start) Countywide (TKF)
6.
Staff recommends motion to approve: Provider Agency Agreement with Oakwood Center of the Palm Beaches, Inc. (Oakwood) for a not-to-exceed amount of $120,661 for the period October 1, 2005, through February 28, 2006. SUMMARY: Contract (R2005-0967; dated May 17, 2005) with Western Palm Beach County Mental Health Clinic, Inc., d.b.a. Healthy Solutions Resource Center, was terminated September 30, 2005, due to the Center discontinuing its operations as of September 30, 2005. All services that were provided under the Ryan White Title I contract with the Western Palm Beach County Mental Health Center have been transferred to Oakwood. Funding for this contract is provided through the U.S. Department of Health & Human Services. No County funds are required. (Ryan White) Countywide (TKF)
F. AIRPORTS
1.
Staff recommends motion to receive and file: seven (7) original contracts(s)/ agreement(s)/grant(s) for the Department of Airports:
A)
Agreement to Extend and Amendment to Airlines-Airport Use and Lease Agreement with Delta Air Lines (R2001-0900), effective October 1, 2005;
B)
Airline Operating and Lease Agreement with Spirit Airlines Inc., effective November 1, 2005;
C)
Airfreight Building Lease with Airport Terminal Services, Inc., effective October 1, 2005;
D)
Hangar Lease Agreement for North County General Aviation Airport with John Boswell, Hangar No. 11240-05, effective November 11, 2005;
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL (Cont'd)
F. AIRPORTS
E)
Hangar Lease Agreement for North County General Aviation Airport with Rodmark Aviation, Inc., Hangar No. 11740-06, effective December 15, 2005;
F)
Agreement to Terminate Hangar Lease Agreement (R2005-1861) at North County General Aviation Airport with Gehring Ventures, Inc., Hangar No. 11730-01, effective November 30, 2005; and
G)
Agreement to Terminate Hangar Lease Agreement (R2004-0742) at North County General Aviation Airport with Hoffner's Aviation Services, Inc., Hangar No. 11230-02, effective January 1, 2006.
SUMMARY: Delegation of authority for execution of these standard County contracts/agreements/grants above was approved by the BCC in R2003-1047 and R2004-1367, pursuant to PPM No. CW-0-51. Countywide (LMB)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
F. AIRPORTS (Cont'd)
2.
Staff recommends motion to approve: Change Order No. 2 to the Construction Management (CM) at Risk Contract with Centex Construction, LLC in the amount of $698,147 for the Terminal Expansion at Security Checkpoints Project at Palm Beach International Airport (PBIA). SUMMARY: The Construction Management (CM) at Risk Contract (R2003-1110) with Centex Construction, LLC was approved on July 15, 2003, for the Security Checkpoint Expansions at PBIA. Change Order No. 2 will cover items listed on the summary sheet containing description, summary explanation, and cost for each individual item. The fee for Change Order No. 2 is $698,147. Approval of this Change Order will allow for the completion of the items referenced on the summary sheet and will provide a 17 calendar day time extension to the project. The cost of this Change Order has been reviewed by the design engineer and was found acceptable. The SBE participation in this Change Order is 32%. Countywide (JCM)
3. Staff recommends motion to approve:
A)
Amendment No. 1 to the General Consulting Agreement with CH2M Hill, Inc. for Consulting/Professional Services, in the amount of $3,529,492:
Task I Specific Projects for 2006 $ 3,012,712
Task II Annual Services for 2006 $ 136,780
Task III Misc. and Admin. Services for 2006 $ 380,000
for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program; and
B)
Budget Amendment in the Airports' Improvements and Development Fund to establish budgeted expenditures of $3,529,492 and recognize grant revenues of $2,531,921.
SUMMARY: The Consulting Agreement (R2005-0319) with CH2M Hill, Inc., for general airport planning and design was approved on February 15, 2005, in order to carry out the approved Capital Improvement Programs for the County's Airports. The services identified and negotiated in this Amendment are as follows: Task 1-System Wide Airport Master Planning Study (Phase II), Cabin Air System Improvements, Terminal Signage Construction Documents, FEMA Disaster Assistance, Property Acquisition Services, Phase I Environmental Site Assessment, 2006 Feasibility Report, PFC Application Support, and Pahokee Facility Reconstruction; Task II-Annual Environmental Monitoring Services, and 2005 Annual Noise Report for PBIA; Task III-Staff Extension, Misc. Planning and Engineering Services, Misc. Construction Administration Services, Misc. Maintenance Support Services, and Misc. County Permitting Reviews. The fee for this Amendment is $3,529,492. Certain tasks performed during the term of this contract will be eligible for State and Federal grant participation. The proposed fee was verified in accordance with FAA Advisory Circular 150/5100-14C by use of an Independent Fee Analysis conducted by a neutral third party firm (The LPA Group, Inc.) for those tasks that are eligible for grant funding. The DBE participation in this Amendment is 25.08%. Countywide (LMB)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
F. AIRPORTS (Cont'd)
4.
Staff recommends motion to approve: a Memorandum of Understanding (MOU) with the United States Department of Transportation, Federal Aviation Administration (FAA). SUMMARY: On November 15, 2005, the Board approved the advertisement for consulting services for an Environmental Impact Statement (EIS) for airfield improvements at Palm Beach International Airport (PBIA), which is consistent with the currently approved Airport Master Plan. For airport actions requiring an EIS, the FAA will either prepare an EIS in-house or use a consultant that is paid by and under contract with the airport sponsor. The EIS for airfield improvements will be prepared by a consultant hired by the County. The purpose of the MOU is to delineate the FAA and County's responsibilities for the EIS process. Countywide (LMB)
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1.
Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $8,500 for the full satisfaction of a Code Enforcement Lien that was entered against Claude T. Tolbert on February 6, 2002. SUMMARY: The Code Enforcement Special Master (CESM) entered an Order on December 5, 2001, giving Mr. Tolbert until January 4, 2002 to cut down the overgrown vegetation and clean up the debris that was on his vacant lot. Compliance with the CESM's order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Mr. Tolbert on February 6, 2002. The cited code violations were fully corrected as of March 5, 2004. The total accumulated lien amount through May 31, 2005, the date the settlement discussions began, totaled $57,383.97, of which Mr. Tolbert has agreed to pay the County $8,500 (14.8%) for full settlement of his outstanding Code Enforcement Lien. District 1 (PM)
2.
Staff recommends motion to approve: a negotiated Settlement Offer in the amount of $13,500 for the full satisfaction of a Code Enforcement Lien that was entered against David J. Vetter on September 17, 1999. SUMMARY: The Code Enforcement Board (CEB) entered an Order on July 7, 1999, giving David J. Vetter until August 21, 1999 to obtain a building permit for the conversion of his garage into living space. Compliance with the CEB's order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CEB then entered a claim of lien against David J. Vetter on September 17, 1999. The cited code violations were fully corrected as of January 7, 2004, the date Mr. Vetter obtained a permit for installing a garage door to restore the garage area back to its original configuration. The total accumulated lien amount through June 29, 2005, the date the settlement discussions began, totaled $134,709.71, of which Mr. Vetter has agreed to pay the County $13,500 (10%) for full settlement of his outstanding Code Enforcement Lien. District 1 (PM)
3.
REVISED TITLE & SUMMARY: Staff recommends motion to approve: A Budget
Amendment Transfer of $39,925 in the Northlake Boulevard Improvement Fund .....
SUMMARY: This Budget Amendment Transfer is necessary to recognize and appropriate
revenue collected in FY 2006 in excess of the budgeted amount. This Amendment Transfer
allows the County to remit road impact fees to the Northern Palm Beach County Improvement
District as required by a joint-project agreement between Palm Beach County, Northern Palm
Beach County Improvement District, PGA National Venture, Ltd. and Ibis Landing Venture,
Ltd.
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET (Cont'd)
4.
REVISED TITLE & SUMMARY: Staff recommends motion to approve: A Budget
Amendment Transfer of $230,000 in the Abacoa Impact Fee Account.... SUMMARY: This
Budget Amendment Transfer is necessary to recognize and appropriate revenue collected in
FY 2006 in excess of the budgeted amount. This Amendment Transfer allows the County to
remit road impact fees to the Northern Palm Beach County Improvement District for the
construction of Indian Creek Parkway West and East in accordance with an impact fee
agreement between Palm Beach County, Abacoa Development Company and the Northern
Palm Beach County Improvement District.
H. FACILITIES DEVELOPMENT & OPERATIONS
1.
Staff recommends motion to approve: Amendment No. 1 to Contract with Holt Contractors, Inc. (R2005-0538) to implement the first renewal of Job Order Contract-North with a maximum value of $1,500,000. SUMMARY: This agenda item is a renewal to the Job Order Contract-North which was awarded to Holt Contractors, Inc. The contractor will continue to perform as an annual general contractor for implementation of maintenance and capital projects. This Job Order Contract (JOC) is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the first of two (2) extensions allowed by the Contract. SBE goals for the JOC program are 15% overall. Holt Contractors, Inc.'s participation, for work orders issued to date, is 100% overall. (FD&O Admin) Countywide (JM)
2.
Staff recommends motion to approve: Amendment No. 2 to Contract with Advanced Roofing, Inc. (R2005-0753) to implement the second renewal of an annual roofing contract with a maximum value of $1,500,000. SUMMARY: This agenda item is a renewal to the annual contract-roofing which was awarded to Advanced Roofing, Inc., as one (1) of five (5) approved roofing contractors. The contractor will continue to perform as an annual roofing contractor for roofing of various facilities. This annual roofing contract is an indefinite-quantity contract and this renewal has a maximum value of $1,500,000. The renewal term is twelve (12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work from Hurricane Wilma which would exceed the value assigned to the contract. To date, the total amount of work orders issued to all five (5) vendors under this contract is $823,470.14. All terms of the original contract remain in effect. This is the second of four (4) extensions allowed by the Contract. Due to the extensive roof damages from Hurricane Wilma, the total dollar value limit for each term is being increased from $500,000 to $1,500,000. SBE participation goals for the roofing contracts is 15% overall. Advanced Roofing's participation for work orders issued to date is 0%. The overall roofing contracts SBE participation for work orders issued to date is 65.2%. (FD&O Admin) Countywide (JM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
3.
Staff recommends motion to approve: Amendment No. 4 to Contract with Hill York Service Corp. (R2003-1200) to implement the fourth renewal of an annual HVAC contract with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the annual HVAC contract which was awarded to Hill York Service Corp. as one (1) of six (6) approved participants. The contractor will continue to perform on projects for various facilities. This annual HVAC contract is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the fourth of four (4) extensions allowed by the Contract. Due to an increased work load, the total dollar value limit for this last term is being increased from $500,000 to $1,000,000. SBE participation goals for the HVAC contracts is 15% overall. Hill York's participation for work orders issued to date is 0%. The overall contract participation for work orders issued to date is 61.12%. (FD&O Admin) Countywide (JM)
4.
Staff recommends motion to approve: Amendment No. 4 to Contract with York International Corp. (R2003-1195) to implement the fourth renewal of an annual HVAC contract with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the annual HVAC contract which was awarded to York International Corp. as one (1) of six (6) approved participants. The contractor will continue to perform on projects for various facilities. This annual HVAC contract is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the fourth of four (4) extensions allowed by the Contract. Due to an increased work load, the total dollar value limit for this last term is being increased from $500,000 to $1,000,000. SBE participation goals for the HVAC contracts is 15% overall. York International's participation for work orders issued to date is 0%. The overall contract participation for work orders issued to date is 61.12%. (FD&O Admin) Countywide (JM)
5.
Staff recommends motion to approve: Amendment No. 4 to Contract with Farmer & Irwin Corp. (R2003-1198) to implement the fourth renewal of an annual HVAC contract with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the annual HVAC contract which was awarded to Farmer & Irwin Corp. as one (1) of six (6) approved participants. The contractor will continue to perform on projects for various facilities. This annual HVAC contract is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the fourth of four (4) extensions allowed by the contract. Due to an increased work load, the total dollar value limit for this last term is being increased from $500,000 to $1,000,000. SBE participation goals for the HVAC contracts is 15% overall. Farmer & Irwin's participation for work orders issued to date is 100%. The overall contract participation for work orders issued to date is 61.12%. (FD&O Admin) Countywide (JM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
6.
Staff recommends motion to approve: Amendment No. 4 to Contract with Precision Air Systems, Inc. (R2003-1199) to implement the fourth renewal of an annual HVAC contract with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the annual HVAC contract which was awarded to Precision Air Systems, Inc. as one (1) of six (6) approved participants. The contractor will continue to perform on projects for various facilities. This annual HVAC contract is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the fourth of four (4) extensions allowed by the Contract. Due to an increased work load, the total dollar value limit for this last term is being increased from $500,000 to $1,000,000. SBE participation goals for the HVAC contracts is 15% overall. Precision Air's participation for work orders issued to date is 100%. The overall contract participation for work orders issued to date is 61.12%. (FD&O Admin) Countywide (JM)
7.
Staff recommends motion to approve: Amendment No. 4 to Contract with E.C. Stokes Mechanical Contractor, Inc. (R2003-1196) to implement the fourth renewal of an annual HVAC contract with a maximum value of $1,000,000. SUMMARY: This agenda item is a renewal to the Annual HVAC contract which was awarded to E.C. Stokes Mechanical Contractor, Inc. as one (1) of six (6) approved participants. The contractor will continue to perform on projects for various facilities. This annual HVAC contract is an indefinite-quantity contract and this renewal has a maximum value of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at this time based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in effect. This is the fourth of four (4) extensions allowed by the contract. Due to an increased work load, the total dollar value limit for this last term is being increased from $500,000 to $1,000,000. SBE participation goals for the HVAC contracts is 15% overall. E.C. Stokes's participation for work orders issued to date is 100%. The overall contract participation for work orders issued to date is 61.12%. (FD&O Admin) Countywide (JM)
8.
Staff recommends motion to approve: an annual Contract with C.R. Dunn, Inc., in an amount not-to-exceed $600,000 as one (1) of a pool of four (4) approved electrical contractors to perform electrical contracting services on an "as-needed" basis for projects typically under $100,000 each. SUMMARY: This Contract is for one (1) year and is an indefinite-quantity contract with a maximum value of $600,000. The Contract will terminate when a total of $600,000 in work orders is issued among the pool of approved electrical contractors or when the one (1) year time period has expired, whichever occurs first. The Contract provides for up to four (4) - one (1) year renewals, each for a not-to-exceed amount of $600,000, at the sole option of the County. Staff will review the status of the contractor's certifications annually, prior to renewal, to ensure the firm remains qualified under the original pre-qualification criteria. The work is to be awarded as work orders on a lump-sum, competitively quoted basis among the pool of four (4) electrical contractors. Any work performed will be in accordance with the Contract. The specific magnitude of the work shall be determined by individual work orders issued by Palm Beach County. The goal for SBE participation is 15% overall, and will be tracked cumulatively for each work order issued. (FD&O Admin) Countywide (JM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
9.
Staff recommends motion to approve: an annual Contract with Horsepower Electric, Inc., in an amount not-to-exceed $600,000 as one (1) of a pool of four (4) approved electrical contractors to perform electrical contracting services on an "as-needed" basis for projects typically under $100,000 each. SUMMARY: This Contract is for one (1) year and is an indefinite-quantity contract with a maximum value of $600,000. The Contract will terminate when a total of $600,000 in work orders is issued among the pool of approved electrical contractors or when the one (1) year time period has expired, whichever occurs first. The Contract provides for up to four (4) - one (1) year renewals, each for a not-to-exceed amount of $600,000, at the sole option of the County. Staff will review the status of the contractor's certifications annually, prior to renewal, to ensure the firm remains qualified under the original pre-qualification criteria. The work is to be awarded as work orders on a lump-sum, competitively quoted basis among the pool of four (4) electrical contractors. Any work performed will be in accordance with the Contract. The specific magnitude of the work shall be determined by individual work orders issued by Palm Beach County. The goal for SBE participation is 15% overall, and will be tracked cumulatively for each work order issued. (FD&O Admin) Countywide (JM)
10.
Staff recommends motion to approve: an annual Contract with BK Electric, Inc., in an amount not-to-exceed $600,000 as one (1) of a pool of four (4) approved electrical contractors to perform electrical contracting services on an "as-needed" basis for projects typically under $100,000 each. SUMMARY: This Contract is for one (1) year and is an indefinite-quantity contract with a maximum value of $600,000. The Contract will terminate when a total of $600,000 in work orders is issued among the pool of approved electrical contractors or when the one (1) year time period has expired, whichever occurs first. The Contract provides for up to four (4) - one (1) year renewals, each for a not-to-exceed amount of $600,000, at the sole option of the County. Staff will review the status of the contractor's certifications annually, prior to renewal, to ensure the firm remains qualified under the original pre-qualification criteria. The work is to be awarded as work orders on a lump-sum, competitively quoted basis among the pool of four (4) electrical contractors. Any work performed will be in accordance with the Contract. The specific magnitude of the work shall be determined by individual work orders issued by Palm Beach County. The goal for SBE participation is 15% overall, and will be tracked cumulatively for each work order issued. BK Electric is a certified SBE Contractor. (FD&O Admin) Countywide (JM)
11.
Staff recommends motion to approve: an annual Contract with Knight Electric Company, Inc., in an amount not-to-exceed $600,000 as one (1) of a pool of four (4) approved electrical contractors to perform electrical contracting services on an "as-needed" basis for projects typically under $100,000 each. SUMMARY: This Contract is for one (1) year and is an indefinite-quantity contract with a maximum value of $600,000. The Contract will terminate when a total of $600,000 in work orders is issued among the pool of approved electrical contractors or when the one (1) year time period has expired, whichever occurs first. The Contract provides for up to four (4) - one (1) year renewals, each for a not-to-exceed amount of $600,000, at the sole option of the County. Staff will review the status of the contractor's certifications annually, prior to renewal, to ensure the firm remains qualified under the original pre-qualification criteria. The work is to be awarded as work orders on a lump-sum, competitively quoted basis among the pool of four (4) electrical contractors. Any work performed will be in accordance with the Contract. The specific magnitude of the work shall be determined by individual work orders issued by Palm Beach County. The goal for SBE participation is 15% overall, and will be tracked cumulatively for each work order issued. Knight Electric is a certified SBE Contractor. (FD&O Admin) Countywide (JM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
12.
Staff recommends motion to approve: Second Assignment and Assumption Agreement with Jupiter Stadium, Ltd. (JSL) in an amount not-to-exceed $127,467.90 for the repair of damage resulting from Hurricane Wilma. SUMMARY: During Hurricane Wilma, Roger Dean Stadium suffered casualty damages to the buildings, playing fields and other improvements. Pursuant to Section 16 of the County's 1996 Agreement related to the use and maintenance of the Stadium, the County is required to fund and effectuate repairs following any casualty loss to the facility. Consistent with the approach to the initial design and construction of the Stadium and since JSL, as occupant of the facility, is in the best position to coordinate and manage the repairs, this Agreement assigns those responsibilities to JSL. The County will fund same in an amount not-to-exceed $127,467.90 or the actual amount of the repairs, whichever is less. JSL is required to complete the repairs in time to have the facility open for the 2006 Spring Training season. JSL waives all claims it may have against the County in the event that the repairs are not completed by the 2006 Spring Training season. Staff will be submitting a claim to FEMA for the costs eligible for reimbursement. (FD&O Admin) Countywide/District 1 (JM)
13. Staff recommends motion to approve:
A)
Contract with McTeague Construction, Inc. for the construction of Fire Station No. 36 in the amount of $1,856,300; and
B)
Budget Transfer of $300,000 in the Fire Rescue Improvement Fund from reserves, increasing the total project budget to $3,048,122.
SUMMARY: The Contract will provide for the construction of a 5500 sq. ft. fire station, with associated work, located on Purdy Lane between Haverhill Road & Jog Road. The SBE goal for this project is 15%. McTeague Construction bid includes participation at 15.4%. The Contract time is 365 calender days to substantial completion. (Capital Improvements Division) District 6 (JM)
14.
Staff recommends motion to approve: Change Order No. 1 with West Construction, Inc. (R2005-0235) in the amount of $172,003 for construction of a water sports floating dock at Phil Foster Park in Riviera Beach. SUMMARY: In February 2005, the Board authorized a construction contract with West Construction, Inc., in the amount of $4,617,482 for the renovation of Phil Foster Park in Riviera Beach. This Change Order is for replacement of an existing floating water sports dock that was destroyed during Hurricane Frances in September 2004. A claim has been submitted with FEMA and it is anticipated that FEMA will cover a majority of the costs. This Change Order contains an SBE participation of 6.6%, which brings the total SBE participation for the project to 39.9%. The SBE goal for this project is 15%. (Capital Improvements Division) Districts 1 & 7 (JM)
15.
Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 10 to the Contract with Tierra, Inc. (R2005-1148), to provide materials testing and special inspection services during construction of the Operations & Support Center at Vista Center in the not-to-exceed amount of $90,555. SUMMARY: This Consultant Services Authorization will provide for materials testing of backfill, structural fill, asphalt, and concrete and for special inspection of rebar placement and structural steel. SBE participation for this Authorization is 100%. When added to the Consultant's participation to date, the resulting SBE participation is 100%. The Consultant's contract goal is 100%. (Capital Improvements Division) District 2 (JM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
16.
Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 12 to the Contract with Miller, Legg and Associates, Inc. (R2004-1436) to revise the Palm Beach County Research Village Phase I infrastructure construction drawings in the amount of $66,466.90. SUMMARY: Services under this Authorization include a redesign of the Phase I infrastructure design to amend the completed construction drawings. Prior to bidding (September 2005) the infrastructure work, the BCC decided to reduce Phase I infrastructure to provide only that infrastructure needed for Scripps to operate their facility. This direction was given to reduce financial risk and in light of on going litigation. The redesign included a number of design elements such as the storm water management system, roads, landscaping and irrigation, water, sanitary and electrical. This CSA is for design services that have been completed prior to Board approval of this Authorization. The SBE goal for this Contract is 28.8% total. SBE participation in for this Contract, including this authorization is 20.4%. (Capital Improvements Division) Countywide/District 1 (JM)
17.
Staff recommends motion to approve: Consultant Service Authorization (CSA) No. 6 to Contract with Pierce Goodwin Alexander & Linville, Inc. (PGAL) (R2001-2016) for professional construction administration services for South County Courthouse Expansion in the amount of $361,520. SUMMARY: This project consists of a 75,000 square foot expansion and renovations to the existing courthouse located on Atlantic Avenue in Delray Beach. This Authorization is for construction administration services during construction of Phase 2 and 3 of the expansion of the South County Courthouse which was approved by the Board on September 27, 2005. All costs associated with this CSA are included in the project budget. This CSA is for work which has been partially completed by the consultant prior to approval of this Contract. M/WBE participation for this Authorization is 18.2%. When added to the Consultant's participation to date, the resulting M/WBE participation is 26.58%, with a contract goal of 27%. (Capital Improvements Division) Districts 7, 4, & 5 (JM)
18.
Staff recommends motion to approve: exercise of the Third Option to extend the term of the Lease Agreement ;dated December 19, 2000 (R2000-2059), with Oscar and Catalina Rojas for12,625 sq. ft. within the Palm Coast Plaza located at 3040 South Military Trail in Lake Worth at an annual rate of $199,223/yr. SUMMARY: Palm Tran currently leases approximately 12,625 sq. ft. of office space within the Palm Coast Plaza at 3040 South Military Trail in Lake Worth for the operation of the Palm Tran Connection. The initial term of the Lease was for four (4) years ending on March 31, 2004, with five (5) extension options, each for a period of one (1) year. The second extension expires on March 31, 2006. This Option will extend the term of the Lease for one (1) year, from April 1, 2006, through March 31, 2007. The annual rent for this extension period is $199,623 ($15.78/sq. ft). (PREM) District 3 (HJF)
19.
Staff recommends motion to receive and file: a County Deed to Corporate Center West, LLC, pursuant to the Deposit Receipt and Contract for Sale and Purchase (R2005-0369) with The Rendina Companies, Inc. SUMMARY: On February 15, 2005, the Board approved the Deposit Receipt and Contract for Sale and Purchase (Contract) with The Rendina Companies, Inc. for the sale of approximately 10 acres of County-owned property at the northeast corner of Belvedere Road and U.S. 441 (Mounted Posse property). The Contract contained a unilateral assignment provision, allowing The Rendina Companies, Inc. to assign the Contract to an entity owned and controlled by Bruce A. Rendina, provided the assignee accepted the assignment and assumed all obligations. On December 2, 2005, The Rendina Companies, Inc. formally assigned the Contract to Corporate Center West, LLC, an entity owned and controlled by Bruce A. Rendina. This item is to provide notice of the assignment and the substitution of Corporate Center West, LLC as the grantee on the County Deed, in accordance with the terms of the Contract. The transaction closed on December 13, 2005. (PREM) District 6 (HJF)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
Staff recommends motion to approve: a Release, Termination and Quitclaim of Reservations on the Florida Atlantic University (FAU) TV tower site in West Boca in favor of the Board of Trustees of the Internal Improvement Trust Fund. SUMMARY: This document releases excavation rights reserved by the County in the original conveyance of approximately 21.5 acres to the State. In exchange for the release of excavation rights, the Board of Trustees will reconvey 2.09 acres to the County which is needed for construction of the West Boca Library. The Board of Trustees will also restrict the balance of the property originally conveyed to the State, for use by Florida Atlantic University solely for FAU educational purposes. The overall exchange was approved by the Board on September 13, 2005, in connection with approval of the Second Temporary Facility Funding Agreement. (PREM) Countywide/District 5 (HJF)
21. Staff recommends motion to approve:
A)
Contract with Pierce Goodwin Alexander & Linville, Inc. (PGAL) for master planning and program development for the Judicial Facilities Master Plan Update and Architectural Services in the amount of $279,933; and
B)
Budget Transfer of $205,000 from reserves in the Public Building Impact Fee Fund to increase the project budget.
SUMMARY: This Contract will provide for the evaluation and master planning for the growth of the Palm Beach County Court System. The initial phase of this contract is limited to the evaluation of the current physical plant structure of the court system and development of the program for expansion of the courts facilities, including the immediate planning for the shell space in the existing main Judicial Center in downtown West Palm Beach. Upon completion of this initial phase, an amendment for permitting, design and construction services of the shell space will be presented to the Board. The construction cost estimate is $4,000,000. The SBE goal for this project is 15%. SBE participation is 2.8% for this initial master planning phase. (Capital Improvements Division) District 7 (JM)
22.
Staff recommends motion to approve: a Lease Termination Agreement with George and Sandra Blumel, as Trustees of Land Trust, dated November 11, 1988, terminating the Lease Agreement dated June 20, 2000 (R2000-842), effective as of January 31, 2006. SUMMARY: The Palm Beach County Sheriff's Office leased 10,000 sq. ft. of warehouse and office space within the Gaslight Business Park Condominium Unit No.1, located at 1937 10th Avenue North in Lake Worth. The term of the Lease extended through June 19, 2007. Hurricane Wilma caused extensive damage to the building rendering the space untenable and caused disruption of essential PBSO services. County staff and the Landlord attempted to reach an agreement for repair, but were unsuccessful. This Agreement will terminate the Lease effective as of January 31, 2006. (PREM) District 3 (HJF)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont'd)
Staff recommends motion to approve: an Amended and Restated Utility Easement Agreement in favor of Florida Power & Light Company (FPL), to provide communication services to Florida Power & Light's substation at 3510 Gun Club Road. SUMMARY: On May 7, 2002, the County granted a Utility Easement Agreement (R2002-0658) to FPL to provide electrical service to FPL's substation, a landlocked parcel located behind the PBSO Vehicle Maintenance Facility on Gun Club Road. FPL requested BellSouth Telecommunications, Inc. to provide communication services to the substation, but the Easement permits only electrical utilities. This Amended and Restated Utility Easement Agreement will grant FPL the right to permit BellSouth to construct communications facilities within the existing easement premises. The terms in this Agreement replace those specified in the original Utility Easement Agreement. The easement parcel is approximately 951 feet long by 12 feet wide for a total of 11,412 sq. ft. (.26 acre), and runs along the west property line of the PBSO Vehicle Maintenance Facility from Gun Club Road south to FPL's substation. As with the original Easement, FPL has requested that this Amendment be granted without charge. (PREM) District 2 (HJF)
I. HOUSING & COMMUNITY DEVELOPMENT
1.
Staff recommends motion to approve: an Agreement with Operation Hope, Inc., for the acquisition of the property at 1120-1126 10th Street, in the Town of Mangonia Park, in the amount of $250,000 in Community Development Block Grant (CDBG) funds for the period of February 7, 2006, through September 30, 2006. SUMMARY: Operation Hope, Inc., presently leases (and has an option to buy) this property where it operates a homeless facility. After the acquisition, it intends to continue providing housing and supportive services to the homeless at this location, and to construct a new 15 unit building that will serve as permanent residence for women without children. Operation Hope, Inc., will fund any acquisition costs above the $250,000 allocated by this Agreement. This Agreement will provide $250,000 in Federal CDBG funds, which do not require local matching funds. District 7 (TKF)
2.
Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2005-2025) with Adopt-A-Family of the Palm Beaches, Inc., to change the reimbursable units of service and change the rate of reimbursement. SUMMARY: Adopt-A-Family of the Palm Beaches, Inc. provides transitional housing and case management services to homeless families. Amendment No. 001 redefines the reimbursable units of service as twenty-nine (29) homeless families rather than ninety-five (95) individuals and the rate of reimbursement as $3.89 per family rather than $1.19 per person. The Amendment is being requested by the organization in order that they can continue to keep their records consistent with previous years. These are Federal CDBG funds that require no local match. Countywide (TKF)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
I. HOUSING & COMMUNITY DEVELOPMENT (Cont'd)
3. Staff recommends motion to approve:
A)
a Loan Agreement with Green Cay Village Apartments, Ltd., a Florida Limited Partnership, in the amount of $972,000 in State Housing Initiative Partnership (SHIP) funds to construct a one hundred and sixty (160) unit multi-family attainable rental housing project; and
B)
an executed Subordination Agreement by Green Cay Village Apartments, Ltd., subordinating funding to the U.S. National Bank.
SUMMARY: The Department of Housing and Community Development (HCD) through the State Housing Initiative Partnership (SHIP) Program provides loans for local developers to facilitate increased affordable rental housing opportunities for low income (51% to 80% area median income) and very low income (50% and below of area medium income) households. This Agreement will provide funding towards the construction of a one hundred and sixty (160) unit multifamily attainable rental housing project, which will be made available to very low and low income households. The new units will be built on 10.5 acres of land, located in Boynton Beach, Palm Beach County, Florida. The loan is cash flow dependant with the actual repayment being scheduled according to the project's cash flow, beginning April 30, 2007 through December 31, 2021.
The Subordination Agreement places the U.S. Bank National Association $12,070,000 loan approved for Green Cay Village in a superior lien position to Palm Beach County's lien. District 4 (TKF)
K. WATER UTILITIES
1.
Staff recommends motion to approve: Change Order No. 3 to the Contract with AKA Services, Inc. (R2005-0495) for the Northern Region Utility Improvement Project Phase I, increasing the contract price by $56,042.81. SUMMARY: This Change Order authorizes the Contractor to perform work required to address regulatory requirements and piping conflicts. Additional materials including harnesses, piping, and related fittings, are needed to comply with requirements of the Florida Department of Environmental Protection and the Palm Beach County Health Department. The Contractor encountered an existing water main during construction necessitating the need to realign a portion of the work and replace an additional 100 feet of asphalt sidewalk. Total change orders to date equal $255,958.67 (4.33% increase). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0% overall. This Change Order includes zero overall SBE participation. The contractor's cumulative SBE participation, including this Change Order is 14.86% overall. (WUD Project No. 04-125) District 6 (JM)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont'd)
2.
Staff recommends motion to approve: Change Order No. 2 to the Contract with Southeast Drilling Services, Inc. (R2004-1738) for the Lake Region Water Treatment Plant (LRWTP) Production Wells increasing the contract price by $117,750 and reducing the contract time by 175 calendar days. SUMMARY: This Change Order authorizes the Contractor to perform additional site preparation work, eliminate one well from the Contract, and reduce the contract time. The Contract originally included eight Floridan Aquifer production wells. The first two wells were drilled and tested at Paul Rardin Park. Testing results indicated the LRWTP could be adequately served with a total of seven production wells, thereby eliminating one well from the contract. On November 30, 2005, the County acquired five well sites adjacent to State Road 715 from US Sugar Corp. (R2005-2236). These sites will allow the County to secure the remaining wells outside of the road right-of-way. However, the sites require additional site preparation including demucking, fill, and ditch relocation. Construction of the five remaining wells is being partially funded by the South Florida Water Management District (SFWMD). The SFWMD grant requires four wells to be completed by July 31, 2006 and the fifth well to be completed March 9, 2007. The Contractor has agreed to reduce the contract time by 175 calendar days to satisfy the terms of the SFWMD grant. This Change Order also modifies the substantial completion bonus to provide the Contractor an incentive for meeting the July 31, 2006 deadline. Total change orders to date equal a credit of $12,214.40 (0.38% decrease). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.0% overall. This Change Order includes zero overall SBE participation. The contract with Southeast Drilling Services, Inc. provides for SBE participation of 15.44% overall. (WUD Project No. 03-169) District 6 (JM)
3.
Staff recommends motion to approve: a Partial Release of Utility Easement on land owned by Fidelity Federal Bank & Trust. SUMMARY: This document will release the County's interest in a portion of a utility easement recorded in the Official Records of Palm Beach County in Book 16550, Page 1692 and as described on Pages 1695 through 1698. During development of the new Fidelity Federal Bank & Trust building (Bank) on the northeast corner of Lyons and Hypoluxo Roads, it was determined that the alignment of a drive-thru concrete island would encroach on a portion of the utility easement. The property owner now requests release of the portion of the original easement. The Water Utilities Department concurs with this request and, therefore, recommends the partial release. There is no cost to the property owner for this partial release of easement. District 3 (MJ)
4.
Staff recommends motion to receive and file: Work Authorization No. 11 for the West Atlantic Avenue and Florida Turnpike Project to install a 60-inch casing around an for existing 42-inch water main with Foster Marine Contractors, Inc. (R2005-0781) received during the month of December 2005. SUMMARY: On April 13, 2004 (R2004-0657) and on April 19, 2005 (R2005-0781) the Board of County Commissioners approved a Contract with Foster Marine Contractors, Inc. and delegated to the Director of Water Utilities Department the authority to execute Work Authorizations with Foster Marine Contractors, Inc. for construction services. Countywide
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont'd)
5.
Staff recommends motion to adopt: a Resolution amending Resolution No. R2005-0804 for the Delray Gardens Estates Water Main Extension Improvement Project, reducing the individual assessment from $43.43 per front foot to $42.19 per front foot. SUMMARY: On April 19, 2005, the Board adopted Resolution R2005-0804 confirming the Delray Gardens Estates Water Main Special Assessment Project. Pursuant to Section 9 of Ordinance No. 2001-0010, property owners are entitled to a reduction in their individual assessment if the final cost of the project falls below the original estimate. The assessment adopted by the Board was based upon an estimated cost of $1,039,994.31, while the final assessable cost is $1,010,300.71. Based on 23,946.44 linear feet of the total assessable frontage, the individual cost to the property owners is decreased from $43.43 per front foot to $42.19 per front foot. (WUD Project No. 04-100) District 5 (MJ)
6.
Staff recommends motion to approve: a Permit and License with the City of West Palm Beach (City) for utility pipeline crossings over the M-Canal. SUMMARY: On December 20, 2005, the Board executed an Interlocal Agreement with the City resolving several long-standing utility issues (R2005-2446). In accordance with the Agreement, the City has provided a fully executed Permit and License granting the County permission to cross the M-Canal for utility crossings at 140th Avenue North and Seminole Pratt Whitney Road. Districts 2 and 6 (MJ)
7.
Staff recommends motion to receive and file: three (3) Standard Development Agreements; three (3) Utility Concurrency Reservation Agreements and four (4) Standard Renewal Agreements complete with executed documents received during the months of November and December, 2005.
Standard Development Agreements
A)
Lake Worth Ventures I, LLC 02-01099-000
B)
MPG Flavor Pict Road Ltd. 03-01026-000
C)
MPG Flavor Pict Road Ltd. 03-90003-000
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont'd
Utility Concurrency Reservation Agreements
D)
Fairway View of the Palm Beaches, LLC 02-01100-000
E)
Paramount Hagen, LLC 05-01083-000
F)
Boynton Beach Associates XXIV, LLLP 09-01051-000
Standard Renewal Agreements
G)
Tidal Wave Investment Corporation, Inc 01-01045-R00
H)
Target Corporation 05-01019-R01
I)
Consolidated Properties of West Palm Beach, Inc.
01-01046-R00
J) Hypo, LLC 05-01020-R00
SUMMARY: The terms and conditions for Standard Development Agreements are outlined in the Water Utilities Department's Uniform Policies and Procedures Manual. The Board of County Commissioners delegated the authority to execute various types of Standard Development Agreements to the Department Director including potable water and wastewater agreements (R93-1619); reclaimed water agreements (R96-0228); and additional conditions for potable water, wastewater, and reclaimed water agreements (R2003-0539). After these agreements are executed by the developer and the Department, they must be recorded by the County Clerk's Office. This agenda item recommends the Board receive and file the agreements so they may be properly recorded. Countywide
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont'd)
8. DELETED
9.
Staff recommends motion to approve: Change Order No. 2 to the Contract with Garney Companies, Inc. (R2005-2072) for the Northern Region Utility Improvement Project Phase 2B reinstating the original contract price of $13,627,020. SUMMARY: This Change Order authorizes the Contractor to purchase the materials for this project to ensure the County incurs the least cost for piping. On October 18, 2005, the Board approved Change Order No. 1 (R2005-2073) to the contract with Garney (R2005-2072) in the deductive amount of $4,907,999.64, deleting materials for the purpose of sales tax recovery and designating Garney as the County's agent for the inspection and receipt of the materials. The County proceeded to prepare purchase orders with vendors for the deleted materials. Due to the volatility of energy prices, the piping vendors refused to honor their original price quotes submitted for this project. The additional cost to the County is expected to exceed the total sales tax savings of $277,905.64. By having the Contractor purchase the materials directly, the County will not be required to incur any additional cost. Therefore, Change Order No. 2 serves to cancel Change Order No. 1 and results with no net increase in the original contract price of $13,627,020. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.00% overall. This Change Order includes zero overall SBE participation. The contract with Garney Companies, Inc. provides for SBE participation of 15.93% overall. (WUD Project No. 04-227B) District 6 (JM)
10.
Staff recommends motion to approve: Work Authorization No. 13 to the Water Utilities Department continuing construction contract with Foster Marine Contractors, Inc., (R2005-0781) for construction of the Century Village Reclaimed Water Pipeline Project in the amount of $356,569.10. SUMMARY: This Work Authorization provides for construction of the Century Village Reclaimed Water Pipeline Project. The pipeline will originate at the proposed Century Village Reclaimed Water Production Facility and be extended to Okeechobee Boulevard. Once completed, the pipeline and associated Century Village Reclamation Facility will expand the Department's reclaimed water distribution system, eventually allowing for the reclamation of an additional three million gallons per day of water. On November 15, 2005, the Board executed a cost-sharing Agreement with the South Florida Water Management District (R2005-2246). The District agreed to fund forty percent ($142,627.60) of the construction cost of this project. The balance of the total project cost ($213,941.50) will be funded through the Water Utilities Department's Capital Improvement Program. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with Foster Marine Contractors, Inc. provides for SBE participation of 15.21% overall. This Authorization includes 15.35% overall participation. The cumulative SBE participation, including this Authorization, is 15.37% overall. (WUD Project No. 05-062) District 2 (MJ)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
K. WATER UTILITIES (Cont'd)
11.
Staff recommends motion to approve: Consultant Services Authorization No. 17 to the Contract with Mathews Consulting, Inc. (R2005-0777) in the amount of $224,230 for technical services relating to due diligence requirements for the acquisition of the Village of Royal Palm Beach water and wastewater utility system. SUMMARY: Consultant Services Authorization No. 17 with Mathews Consulting, Inc. provides professional engineering and consulting services necessary to perform statutorily required due diligence evaluation for acquisition of the Village of Royal Palm Beach water and wastewater utility system. Scope of work includes field verification and assessment of the water and wastewater system, environmental assessments, appraisal of land value, estimation of the depreciated value of water distribution and wastewater collection facilities and equipment, estimation of operation and maintenance and renewal and replacement costs for the water and wastewater treatment facilities, estimation of capital expenditures necessary for County start-up, financial analysis of facility expenditures and revenues, and engineering and financial reports necessary for bonding activities associated with the utility purchase. The contract with Mathews Consulting, Inc. includes the small business (SBE) participation goal of 55%, which exceeds the 15% goal established by Palm Beach County Ordinance (No. 2002-064). This Consultant Services Authorization includes 34.07% overall participation. The consultant's cumulative SBE participation, including this Authorization is 54.00% overall. (WUD Project No. 06-051) District 6 (MJ)
L. ENVIRONMENTAL RESOURCES MANAGEMENT
1.
Staff recommends motion to approve: a Budget Transfer of $20,000 in the $75M General Obligation Conservation Land 1999 Bond Fund from Reserves to establish a project account for the Riverfront Pines project. SUMMARY: This Transfer will establish a budget for start-up costs related to the potential acquisition of this environmentally sensitive land site, as approved by the Conservation Land Acquisition Selection Committee (CLASC). The budget will provide for staff time (Environmental Resources Management and Property & Real Estate Management) associated with pre-acquisition activities and appraisals for the site. District 1 (LMB)
2. Staff recommends motion to:
A)
ratify the Commission Chairman's signature on a Grant Application requesting $175,000 from the Florida Department of Agriculture and Consumer Services (FDACS) Division of Forestry to reimburse the County for the planting of trees along a portion of the C-18 canal through the Loxahatchee Slough Natural Area;
B)
approve the forms of Grant Memorandum of Agreement and Maintenance Memorandum of Agreement;
C)
approve a Budget Amendment for $175,000 in the Natural Areas Fund, upon grant award; and
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont'd)
D)
authorize the County Administrator or his designee to sign the completed grant application, project agreement, all future time extensions, task assignments, certifications and other forms associated with the project agreement, and necessary minor agreements that do not change the scope of work or terms and conditions of the agreement if the grant is approved.
SUMMARY: This agenda item authorizes the Department of Environmental Resources Management (ERM) to submit a grant application for the FDACS 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program - Part 2. If awarded, this grant will partially fund the planting of trees along a proposed multi-use trail along the C-18 canal through the County-owned Loxahatchee Slough Natural Area. The grant project completion date will be September 30, 2007. No grant-funded positions are being created. The twenty-five percent (25%) County match is $58,333. The overmatch is $2,719. The match and the overmatch will be provided in the Natural Areas Bond Fund. District 1 (SF)
3. Staff recommends motion to:
A)
approve a twenty-year Designation Agreement (Agreement) with the Florida Department of Environmental Protection (FDEP), the FDEP Division of Recreation and Parks (as a land manager), the FDEP Division of State Lands (as a landowner on behalf of the Board of Trustees of the Internal Improvement Trust Fund), the Florida Fish and Wildlife Conservation Commission (FWC), and the South Florida Water Management District (SFWMD) to formally designate the public lands identified in the Agreement as part of the Florida Greenways and Trails System; and
B)
authorize the County Administrator and/or his designee to sign all future time extensions and other documents relating to the administration and implementation of this Agreement, including any amendments to incorporate additional adjacent lands owned by the County or any minor modifications that do not change the scope or intent of the Agreement.
SUMMARY: This Agreement was approved by the Board on October 19, 2004 (R2004-2211), following approval by the Governing Board of the South Florida Water Management District (SFWMD). Because the Florida Fish and Wildlife Conservation Commission made changes to the document at the time that agency approved it, it was not considered by the Minutes Department to be a validly executed document. Additional wording changes have been made to the document to clarify the role of each land manager. These changes are shown on the strikeout-underline version. The map and description have been updated to include lands acquired since the original Board approval in October 2004. These changes were made for clarification only and do not change the intent of the document or the responsibilities of the signatory parties. District 1 (SF)
M. PARKS & RECREATION
1.
Staff recommends motion to approve: The form of a revised Standard Independent Contractor Agreement to be used by the Parks and Recreation Department when contracting with recreation instructors and sports officials. SUMMARY: On April 5, 1994 (R94-422) and November 19, 2002 (R02-2103), the Board of County Commissioners (Board) delegated to the Director of Parks and Recreation the authority to execute standard independent contractor agreements with recreation instructors and sports officials. The resolutions providing the delegation of authority require that any changes made to the standard independent contractor agreement be approved by the Board. Staff is recommending several changes to the current standard independent contractor agreement. The changes include strengthening the indemnification language, providing for compliance with the Criminal History Records Check Ordinance and Section 287.133, Florida Statutes, Public Entity Crimes, providing for venue, remedies, availability of funding, arrears, severability, and entirety of contractual agreement. Countywide (AH)
FEBRUARY 7, 2006
3. CONSENT AGENDA APPROVAL
M. PARKS & RECREATION
2.
Staff recommends motion to approve: Agreement with the Marine Industries Association of Palm Beach County, Inc., for the period February 7, 2006, through May 6, 2006 in an amount not-to-exceed $2,000, for the 2005 Holiday Boat Parade. SUMMARY: This funding is to help offset costs for the fireworks display at the Marine Industries Association's 2005 Holiday Boat Parade held on December 3, 2005. The Agreement allows for the reimbursement of pre-agreement costs subsequent to October 15, 2005. Funding is from the Recreation Assistance Program (RAP). District 1 (AH)
3.
Staff recommends motion to approve: Agreement with South Florida Opera Company, Inc., for the period February 7, 2006, through March 31, 2006 in an amount not-to-exceed $5,000, for funding of "Peter and the Wolf." SUMMARY: This funding is to help offset costs incurred by South Florida Opera Company, Inc., for the performance of "Peter and the Wolf" held at Royal Palm Beach Community High School on November 19, 2005. Expenses eligible for reimbursement include contractual services, operational expenses, printing/publicity, and music. The Agreement allows for the reimbursement of eligible pre-agreement costs incurred subsequent to October 1, 2005. Funding is from the Recreation Assistance Program (RAP). District 6 (AH)