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02-04-92 Workshop ~ITY OF DELRAY BEACH, FLORIDA - CITY COMMISSIO~ WORKSHOP MEETING - FEBRUARY 4, 1992 - 6:00 P.M. COMMISSION CHAMBERS ---~- AGENDA Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. @. Presentation of Financial Audit - Ernst and Young. 2. Review of Development Plan for Veteran's Park - Currie Schneider and Associates. 3. Presentations by CH2M Hill: A. Request for Amendment No. 2 to Service Authorization No. 4 in the amount of $31,176 for engineering services to provide water and sewer services in former enclave areas. B. Request for Additional Payment in the amount of $27,131 for additional engineering services required in conjunction with the Emergency Wellfield Remediation Project. 4. Policy discussion with land use review bearcs/direction re~arding (DISCUSSION TO COMMENCE AT 7:3. P.M.): A. Issue of compliance with cede enforcement actiens prier t., or in conjunction with, land use application processing. B. "Accommodation" of "as-.uilt" situations; how much "help" (direction, guidance, design) is previded. 1~y~ Presentation on preliminary findings with regard te the Water and ~~ ewer Master Plans - Hazen and Sawyer. ~ Pr.vld. direction/ideas "'ith. regard to Sign Cede Issues "(Commissioner Andrews). .~ Provide direction/ideas with regard to Resort and Teuri sm Issues Commissioner Andrews). ~ Commission Comments. .. " --_.-- __n_ --- ------.------ -'-'- ...---.-.------ ------- ~..._.- ...-.....- - - . ",:::"t~f, . r . , - -,-'. , ~-'.-.....-. '.~~;~'2:..:... ,.":" As.d . ." j I , .., , 1 es , .~" :' ~ ..,.' . , , ..,' ,',:, ....;'. -, " '.: Pre-emptiw Term Limit!'; "15 simple: A.'citlzens. group called "Eight Is Enough" is close to getting rrerm-l1m1t opponents like to c1aIm Its own stricter eight-year l1m1t on the . '. tha,t Congress wU1 never approve such' ballot. This measure would extend the Urraits. because its. Members would term 11mltatlon to the state's congres- nenr agree to' restrict their own ca- sional delegation. Fearing that term reers. They forget the pressure a weU- 11mits would be a likely winner, state or'gan1zed cit1zeDs' movement can put legislators want topffer their own wa- 01.1 pol1tlclans. Yesterday, Florida's . tered-down version in hopes that it State House voted 92 to 25 in favor of will satisfy voters. When legislators puttin&' a proposal on the November debate not whether term limits should ballot that would 11m1t all state be imposed but on whom and for how elected off1claJs to 12 years in office. long, you can bet that the idea of a ctt- The re&IOD for th1a unusual behavior 1zen leJislature bas a bright future. ... .' 'Wo..Ll ~.~ f..l (....(tee )', ~ . ' ..;............. .....:'_......-'f _......... I.',.....................,........ '" -, ""'_......,;,.",...~.,.._~,PtoohlF, ~ "'. .~... "'_.. "', ...~... ."0 .......__ . ...,........ .~ :J-I i-IuJJPf r City of Delray Beach Overview for City Commission Year Ended September 30, 1991 BERNST&YOUNG I ,.. I CITY OF DELRA Y BEACH I SEPTEMBER 30, 1991 Comprehensive Annual Financial Report Introductory Section Financial Section I Statistical Section Auditors Reports General Purpose Financial Statements Single Audit Act Schedule of Federal Financial Assistance Compliance with General Requirements Applicable to Major Federal Financial Assistance Program Compliance with Requirements Applicable to Nonmajor Federal Financial Assistance Program Transactions Compliance with Specific Requirements Related to Major Federal Financial Assistance Programs Accounting and Administrative Internal Controls Based on a Study and Evaluation Made as Part of an Audit of the General Purpose Financial Statements and the Additional Tests Required By the Single Audit Act Compliance with the Rules of the Auditor General for the State of Florida Compliance with State and Local Laws and Regulations Based on an Audit of the General Purpose Financial Statements Internal Accounting Controls Based Solely on a Study and Evaluation Made as Part of an Audit of the General Purpose Financial Statements Management Letter l ~r~'X City of Delray Beach September 30, 1991 General Fund - Revenue and Other Sources vs. Expenditures and other Uses (Budget Basis) $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Fiscal Year 1987 1988 1989 1990 1991 . Revenue and Other Sources o Expenditures and Other Uses ~ ~ ~ ...., '~-:!,:.:-;,.",..,~z._ City of Delray Beach September 30, 1991 General Fund Revenues As A Percent Of Total 1991 1990 I 9.81% 11.94% I 13.05% 13.80% 44.42% I 4.20% 49.85% 5.47% I 23.10% 24.36% . Ad Valorem Taxes o Other Taxes . Licenses and Permits II Intergovernmental ill] Other 1989 1988 11 .51 % 14.89% 14.92% 42.57% 42.55% 4.71% 5.55% 25.85% 25.4 7% \r- . City of Delray Beach September 30, 1991 General Fund Expenditures As A Percent Of Total 1991 1990 9.95% 10.38% 11 .32% 17.08% 11 .02% 10.34% I . General Government o Public Safety II Parks & recreation II1II Debt Service lIT] Other 1989 1988 11 .23% 11 .73% ~ City of Delray Beach September 30, 1991 General Fund Fund Balance $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 Fiscal Year 1987 1988 1989 1990 1991 . Unreserved Undesignated Fund Balance 0 Total Fund Balance \r- City of Delray Beach September 30, 1991 General Fund Undesignated Fund Balance as a Percent of Total Expenditures and Other Uses 14.0% 12.5% 12.0% 11.5% 10.0% 8.0% 7.3% 6.3% * 6.0% 5.3% 4.0% I 2.0% 0.0% Fiscal Year 1987 1988 1989 1990 1991 *Excludes $3,280,000 Principal Paid on 1989 Utility Tax Revenue Notes ~ I I I I ! City of Delray Beach I September 30, 1991 General Long-Term Debt Account Group $40,000,000 ------------------------------------------------------------- $35,000,000 --------------------------------------- $30,000,000 -------------------------------- -------------------------- -. $25,000,000 ----------------- --------------------------------------- . .- $20,000,000 ------------------------------------------------------------- $15,000,000 ------------------------------------------------------------- $10,000,000 ------------------------------------------------------------- $5,000,000 ------------------------------------------------------------- $0 Fiscal Year 1987 1988 1989 1990 1991 I ~ City of Delray Beach September 30, 1991 Water & Sewer Fund $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 Revenue Available for Debt Coverage $3,000,000 $2,000,000 $1,000,000 $0 1987 1988 1989 1990 1991 Fiscal Year I I Management Letter Comments September 30, 1991 1. Undesignated Fund Balance 2. Expenditures Over Appropriations 3. Fund Deficits 4. Travel and Training Reimbursements 5. Cancellation of Outstanding Checks 6. Insurance Actuary Report 7. Employee Vacation and Sick Accumulation 8. Grant Program 9. City Garage Inventory 10. Cash Receipts - City Golf Course 11. Utility Accounts Receivable 12. Interest Capitalization 13. Governmental Accounting Standards Board (GASB) Statements 14. Old School Square Grant 15. Programmer Access to Production Files 16. Documentation of Computer Program Changes I' I I ~- A1UHIIO A'8II! ------------------------- --------, I I I I I I q , --. -I ----f I =t I 9 ---' . . I =1 I ~ , , I ~ . . I . . ---t I =t --. =31 , I ~~ ~ ~ ---1 I I~i ---i . ---t . t I =t , . =t I . ~ . I I I , =t I , I , --1 I ~ I , I I . =t . t . . d I . . . I . . I I . =t . ~ . . I I . . =1 . , . I , . I ---t . . -I . . . . ---' I . I .. . . . . . . . ---1 , . . . . . . . . . . . . . . . . . . --, L_________________________________ __~ -- -------------------------------- HI!. _11,.._, I D.~ ~I ~ i ! ~ II ' II I I '!fli 11I~!li . I t! J i i: ~~ i I 0( I~ i I dl I.! i I !: .. f ~ i JII i . . 0_ Engineers CllVinO\ ',; :F:! of,';., ~~:_ r:If\CE~; - Planners 92 JF'.N 22 D" \. \ 3 I i I . ~ Economists " - Scientists ~. " '_'I \'\, 1 T, .. io 'J t.....1I January 21, 1992 SEF30787.D1 Mr. William H. Greenwood Director of Environmental Services City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Bill: Subject: Water and Sewer Service to the former Enclaves Service Authorization No.4 As mentioned in my letter of November 19, 1991, by deciding to have two separate construction contractors for the Enclaves, it is necessary to provide additional engi- neering services during construction. We enclosed a draft amendment to the Service authorization for an additional $31,176, which included fees to redesign a portion of the Germantown enclave. Since the construction has proceeded, we have been performing these additional services, including the redesign at the request of the City in order to keep the project on track. We have utilized fee from our original authorization, but are accruing costs at a greater rate than anticipated. We will run out of available fee before the project is completed, unless the amendment to the Service Authorization is approved. Please advise. Sincerely, CH2M HILL $s.~ Brian A. Shields, P .E. Project Manager lOOlO158.DFB cc: George Abou-JaoudelDelray Beach ~s/~ John Curtiss/CH2M HILL CH2M HILL Southeast FlorIda OffIce Hl/lsboro ExecutIve Center North, 800 FaIrway Drive, Suite 350 305,426.4008 Deerfield Beach, Florida 33441 407. 737,6665 .. .. . ' - . . '" . . . CI'IY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION AMENDMENT DATE: , 1991 AMENDMENT 2 TO SERVICE AUTHORIZATION NO.4 FOR CONSULTING SERVICES II/ililllll :11:-" .!fll ll:!ll' d( CITY P.O. NO. , CITY EXPENSE CODE ."..,.;i:"";!!'io,'II"!!!!;1 II. '" .111 Iii I ,lliill '~llilll . Ilis I,) ,il 'il, -1,- 1'1 PROJECf NO. 91-25 (CITY OF DELRA Y BE~CJ;ljl SEF307'S7,..Dp (CH2M HILL) 91-25 (CITY OF DELRAY Bli&.AcQI)I,S5F30787.Dl (CH2M HILL) Ilil!:;1 '1liftl: .filll' Ol:l!; 'Ji~ TITLE: Provision of Water and Se'y.~f>;,Jelh_~he"'f;'~~hl,~r Enclave Areas ,''''',", \,:~:;~:::,:~::>;l I. PROJECT DESCRIPTION;;>"'''''',;, Ili!i "iih.'( 'ii::::" ,<::, ,;".}I"::::::::'h';li;!i,,,'\i>i' The City requires addition~~ sef.v,jC'~~!;;durlhg!;aesign and construction for the Water 1....1......, ",. .J. and Sewer service to 'l1t(fQr.m~r En.Cla.ve Areas-Lake Ida, Germantown, and North I" 1.'..I....!.. I", I... '... Federal Highway a.~~~~liprojeb.'I~ 'Iliili; -'lhll,;;,)!1 '1Iii.. fifil Oli. Oil 'Ii!, Ihi_ Ii '" II. SCOPE OF SIm:V1CESi! }' "1' 'i'. Wi!' JJllj_. I!!lll!!o .d,l. Ililll' '1;,11" Amend Task 1, Desimt, to I!trl'clude: 1. Redesign of sheets 20, 21, and 22 to redirect sanitary flow from Royal Palm Drive, west of Lime Lane to another manhole in vicinity to eliminate the need for an easement. Amend Task 4, Services During Construction, to include: '1. Preparation of additional conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the City for execution. 2. Prepare for and conduct an additional preconstruction conference. Ol dbt1201019.S1 1 <Xl M :E a: 0 LL Ol <Xl 00 '. . ..... -; ,v _ " ., 3. Prepare for and conduct an additional monthly progress meeting for the estimated 8 months of construction. 4. Review an additional set of shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractors are required to submit. 5. Review, recommend modifications as appropriate, and submit to the City for payment the monthly payment requests of an additional Contractor. 6. Conduct an additional substantial completion review ,9f!!~~~ construction and prepare an additional letter of substantial complet\fJu. 'j:;;, . i!l!~!!:;li!i!:i:!!!!!:h Oll!'!iilh , 7. Make a final review of the construction and ~s:~:~H'in negq!~!i1ti.pg final payment and submit a final letter report for an addj~ib,pal ~pp.tract.otl;!!I')" ii!;,!" '!li!i", ,,;;rl'!!!:,!!i/ m. BUDGET ESTIMATE OF SERVICES 'Iillll". '.!," '!i:""' ii;il!!H;;:!%i''',!,,,,,,, "!l!!!!!!!!!,:!!!i!!!!!!;, Compensation for professional consulting 's~fVi'ce$::"as'!s.p..t~cified in Task 1 Service . . i, -;. ,. ..;:- AuthonzatlOn 4 shall be modified as followS;, '\ ",.." ."I''''I:;"",;;!" ./l::.;:j~:::::::l!!i;i' 'i!h: '!liliil!!!!!!' ,Il" :t:mh;!I.1i Iii ': Task 1-Design: Add $4,570 'lii!!IF'I!/' II; .IL"l:i' iii, \ lili!!!"I'/!I\"I:,,;II!/',,!P''''fjih'II!!IIIoII!'>'!!'' Compensation for profes~ion~! caQsiII~:ing ~~ces as specified in Task 4 Service Authorization 4 shall.pe,'II~oQu:t;eq" ~s!'jf.dl~pws: -Ii' Iii! 11!1 ~!i, o'if. jV 'il'" 4i! III' 'Ii, i,' Task 4-Services DUI1~g"~onstrytc~on: add $26,606 'l!h'l liif_. II" ti!ff liii" ti'!hl!!' dl! !III; , ,I!!!' "!!r!lii!!!f' dbl120/019.S1 2 Ol co M :2 0: 0 u. Ol co 03 '. '. , ;. . , ~ " ~..' IV. COMPLErION DATE Add two (2) weeks to the schedule specified in Service Authorization 4 for items not yet completed. APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. _ day of , 19 _ By: <to.. Gre.goryIIT. Mcintyre, P.E. Vicb P{esident and , I~Qgi~lihManager , 'llllilf "Iifl' 'Ii. lih. 'H Ii. Ilh "11 .:ii'" .11:" 'f'itlt 11!!!1 CITY OF DELRA Y BEACH, aJltily.'I!au,~prized :6ijic:er of CH2M a municipal corporation of the State of rlU.bll~VfHEAST, INC., on behalf Florida of ih~, 'CQ'rporation and said person lilll;llI!hh!i'hlq,~cufe~i"t~~ same freely and volun- \i '\;i;;'''iota~lYhlfQrhth~ purpose therein By: /lli "I!j,pXpl'essed. Th EL M ..II...., I,ll'.". omas . ~ch, ayor 1",1". 'Iii '''IIl; 'Ii/, 1(' ,I,li il!iff.1I lilk n Ii, As. .:ifil ,ili lj! ,;i:rUhttl If I .,.TIE T. 'ii" illll dli' 11IIi 'liJI'- Illlij. 11!IiUI,iJ' ..~!,,!!J;hllillhl h::JW' 11th! :11' "I!fll"" ldfdl!lliillh' III lfhl 111'1 "Ilil' IIII "," A TIEST: lillll ,ldlUlltlli!f" Ilill_ Illlt. ~!llli .j,1 ilfl Ill! I!J. Uff ,.j I . .llii!' ,,~II II!", "ii, 1111,1 WITNESS my hand and seal in the 'h., ~ 'I :: 'llilill, Illq"ll ill County and State aforesaid this day '11'1111 _jl i' - By: Ihll Ilill,. ,;!II ""II of 19 . hI. 'II':' ...' , _ City Clerk'lililh, 'oil/III" 'lId" Notary Public State of Florida APPROVED AS TO FORM: My Commission Expires: (Seal) By: City Attorney BEFORE ME, the foregoing instru- ment, this day of , 19 , was acknowledged by Gregory T. McIntyre, Vice President and Regional Manager, I - _. Ol dbt1201019.51 3 co M ~ a: 0 \L Ol co co '. . .. . . , . , , ..... CUENT CITY OF DELAAY BEACH PROJECT NAME PROVISION OF WATER AND SEWER SERVICE TO FORMER ENCL6.VE AREAS PROJECT NUMBER AMENDMENT NO.2 >;,}::,}}'\::'::um::;:jm;:;::::::::('::}':::m/:}m',:;:':':::::::::::,{::%::;:j::{::{(Hil')\::,/\}::::,/:U:::',:U:}'::'?:::\::::t:'~c:>>$t:'E)ETAIt:'i'i::)::}}:m:'ti{!{m;:?:{:{:}m'm')f:Wf:::fH::HmHmm:}}:,/:,::::m:,::}Ht,'}Um':::::??;:',))'::::})?:'iW): TASK 3 TASK 4 RAW TASK 1 TASK 2 ASSISTANCE SERVICES HOURLY SPEC'S SPECIAL DURING DURING TOTAL DIRECT MULTl CATEGORY (NAMEl RATE & DRAWINGS SERVICES BIDDING CONSTRUCTION HOURS LABOR LABOR 8 VP/SENIORCONSULTANT $33.30i'IIIIIII 0 SO SO :I' I 7 SENIOR MGRlSENIOR CONSl1..TANT $33~ // 0 SO SO 6 PROGRAM. DEPT. OR DIV MGRITECH CONSULT i' 'Iil 8 $268 $70ll $33.30 ,I' : III 8 oI!1 ,'IHlb, III'. 5 SENIOR PROJECT MGRlTECH CONSULT $32.60 'II . "" 'HI. "'1 8 8 $281 $782 ffib 'IUljIJ llh It!, I il' 'Ij' '11 III 4 PROJECT MGRlSR PROJECT PROFESSIONAL $28.10 1IIIIi 1,'11" 111!il;" Illil'h, 0 SO SO 3 SR. PROJECT PROFESSIONAL $25.00 6 (11111 i/II IIIIII,!,. "'1111./172 178 14,450 $13.350 ,II 'III III 01" 2 PROJECT PROFESSIONAL II $21.55 24 Ihl1 ' 111111/!II/1 III 124 148 $3.189 $9.568 Ifl. Iii 1 PROJECT PROFESSIONAL I ~8n ~ ~ 0 SO SO . ., b" III liPfbbl I, Iii 5 LEAD TECHNIC1ANISUPERVISOR II $22.90 2 ,'// ""IIlh' IIII !III' 2 S48 $137 'I: if.tlu "'hhllll liltt ,;11 4 SENIOR TECHNICIAN $1895 II, 'il' """'''' """,",, blli,., 0 SO SO . I 'i un lUll 3 CERTlFlED TECHNICIAN $17.35 I'l!. '.1'1 11"'" """'''''';'1/111 0 SO SO j.mIUllit:,.. 'I Jfll .:I' 2 TECHNICIAN S ,:,: '!Iii. '.j .:!':' 0 SO SO 14.55 ..' .11'11, 'II .1. Ii" 1 JUNIOR TECHNICIAN .f!li" IJ:!'" 'Iiii, :i Ii; Ii 48 $812 $1,836 $12.75 ,;1' ,/1 4<<" II... ',I. -ii' r:I' .il =tH II!:, I; IiI Itl, Iii. li!l JII! ifli,l o TECHNICAL AIDE $11.20 II1I I." "I' .01"''''', 'II... , 0 SO SO Ilii. 'fib;l .:i:!'. th~l ,;111 OFFICE SUPPORT $t1'- 1'1, I'''' .'101' 64 64 $736 $2,208 . .lIntl.. 11z. l!ll. "IGb. 1111, Ii j: .. . ....... ...... . .;.;.;.:. .':-.<':',;. :.....-..;.;.;-:...;.:.;....;;.....,..:.;...;...;.;.:.; .':':-: : :.:.:.' .:> .::..., ~. . ..:." :;';:::::{:::::::' :;'::: :::;::::;:;:;:::;:;::;:-::; " :'. ':':;':\:.>-: .:::.:;::::<::;: :',;:::::; .....:.:/t:.. :i.::....::::::;::;~:::::: :~:::t;~:~:/;;Wj~~~~f~j:~ Uf: . .".. -- , . "... ... .......... ./.: :':;"':;';.:.< ;.::;:;::::;;.:::.::;:::::;:;::.::;;' :-::;,.;>:....::.;.:::.:.:.;.:.::::-::.::-.; AC1\JAL MUL Tl ITEM DESCRIPTION TASK 2 TASK 3 TASK 4 DIRECT DIRECT COMPUTE~AUTOCADD $500 $750 $1.250 $1,250 PRINTING. REPROGRAPHICS, AND GRAPHICS $50 S400 $450 $450 WORD PROCESSING $250 $250 $250 SURVEYING SO SO SOILS SO SO AERIAL PHOTOGRAPHY SO SOl I AIR FARE SO SOl I AUTO MILEAGE SO SOl I MEALSJLODGING SO SO, TELEPHONE $10 $150 $160 $160 . POSTAGE/FREIGHT $10 $150 $160 $160 SUPPLIES S25 $200 $225 S225 co M ~ a: ::::::::r[9I~q~9R'~Ng:Plfflgf:U1;!ERY!9g'=:l!~:m\r\I::;:::::::::;:::::;:::::::;::::::}::::\:!;:':::;~,57i)'::::::::::::;;;::::':::::::}:t:;::;'~::::::/{::::::::::::::::':::":::?:t:1:::::::::::::::::::,};:::::.~;@6::::'::':<:.:.::,,:t1~~9S5';r:~~;j76 0 u. Cl co -- co . . .' '" . .~..... I .- Engineers ,,- Planners 8I1J:lllJ Economists - Scientists November 19, 1991 SEF30787.D1 City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Attention: Mr. William H. Greenwood Director of Environmental Services Subject: Provision of Water and Sewer Service to the Former Enclave Areas- Lake Ida, Germantown, North Federal Highway Areas Service Authorization No.4 As mentioned in my letter of October 30, 1991, if the City decides it is in its best interest to have two construction contractors for the Enclaves water and sewer work it will be necessary to provide additional engineering services during construction. Specifically, the additional services related to the second contractor will include the following: . Preparation of additional conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the City for execution. . Prepare for and conduct an additional preconstruction conference. . Prepare for and conduct an additional monthly progress meeting for the estimated 8 months of construction. . Review an additional set of shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractors are required to submit. . Review, recommend modifications as appropriate, and submit to the City for payment the monthly payment requests of an additional Contractor. CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive. Suite 350 305,426,4008 Deerfield Beach, Florida 33441 407.737.6665 '. . .. . " \., City of Delray Beach Page 2 November 19, 1991 SEF30787.D 1 . Conduct an additional substantial completion review of the construction and prepare an additional letter of substantial completion. . Make a final review of the construction and assist in negotiating final payment and submit a final letter report for an additional contractor. Enclosed is a cost estimate for $26,606 for completing the above additional services. This estimate represents less than 50 percent of the original fee for a single contractor. In addition, George Abou-Jaoude has brought to our attention that a utility easement leading to an existing sanitary manhole on Royal Palm Drive, west of Lime Lane (Germantown area) has been vacated by the City. If this easement cannot be obtain- ed by the City, it will be necessary to redesign the sanitary collection system depicted on Sheets 20, 21, and 22 to redirect the flow elsewhere in this portion of the enclave. We are also enclosing a cost estimate in the amount of $4,570 to revise these particular drawings during construction. We are prepared to draft an amendment to the Service Authorization, at your direction. If you have any questions, please contact me. Sincerely, CH2M HILL 13-.~ Brian A. Shields, P.E. Project Manager dbt 120\024.51 Enclosures (2) cc: George Abou-JaoudelDelray Beach John Curtiss/CH2M HILL .. ,. ~ " . CH2M HILL SERVICE AUTHORIZATION 4 DATE: /tJ/9/?tJ PAGE 1 OF 9 - - SERVICE AUTHORIZATION UNDER THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED 07-11-90 BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INe. TITLE: PROJECf NO. 90-53--PROVISION OF WATER AND SEWER SERVICE TO THE FORMER ENCLAVE AREAS--LAKE IDA, GERMANTOWN, WORm FEDERAL HIGHWAY AREAS CATEGORY OF WORK: GENERAL: This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. This SERVICE AUTHORIZATION represents the provision of water and sewer service to enclave numbers 31, 24, and 13, also known as Germantown, North Federal Highway, and Lake Ida areas, respectively. The provisions for the Germantown area will include approximately 7,750 feet of new 6-inch and S-inch water mains and 8,700 feet of 8-inch and lO-inch sewer lines and manholes. The provisions for the North Federal Highway area include approximately 9,700 feet of new 6-inch and S-inch water mains and 15,900 feet of 8-inch and 10-inch sewer lines, manholes and a lift station. The provisions for the Lake Ida area include approximately 6,300 feet of 6-inch water mains and 9,200 feet of 8-inch sewer lines, manholes, and a lift station with design based on the CITY's standards. The scope of this SERVICE AUTHORIZATION is limited to: preparation of specifications, contract drawings, permit applications; cost opinion, assistance in bidding and services during construction for the above-referenced improvements. A single set of contract documents will be prepared for receiving competitive bids for the three enclave areas described previously. A tentative drawing count for the project is 36 sheets at l-inch equals 50 feet for plan drawings and l-inch equals 5 feet for sewer profiles. I. SERVICES TO BE PROVIDED BY mE CONSULTANT A. DESCRIPTION OF WORK TASKS CONSULTANT will provide specific services to the CITY in accordance with the following Task descriptions. dbp019/057.51 . . '. CH2M HILL SER VICE AUTHORIZATION 4 DATE: /0/9/9& PAGE 2 OF 9 - - Task l--Design Services - Prepare Drawings, Specifications and Contract Documents. CONSULTANT will prepare drawings, specifications, and Contract Documents, including proposal forms, notice to bidders, general and special conditions, bond forms, etc., for bidding and construction. CONSULTANT will submit three (3) sets of plans for the City's review of the following: Predesign layout showing proposed preliminary alignment on available I-inch equals 200-feet scale water and sewer atlas maps and based on existing available information about the utility system; and the 50 percent and 80 percent completion stage of the final design drawings. Three meetings to coincide with the review of these documents will be conducted with City staff. CONSULTANT will prepare an opinion of construction cost based on the completed construction drawings and specifications. In providing opinions of cost and schedules for the project, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent condition of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the CONSULTANT makes no war- ranty that the CITY'S actual project costs or schedules will not vary from the CONSULTANT'S opinions, analyses, projections, or estimates. Task 2--Special Services - Surveying, Soil Borings and Permitting CONSULTANT will furnish survey and mapping and photogrammetric personnel and equipment required to obtain field information necessary to prepare satisfactory plans and specifications for the PROJEcr. CONSULTANT will prepare one legal description for the lift station site in the Lake Ida area. Surveys for easements and rights-of-way are not included but can be provided and paid for as additional services. CONSULTANT will perform soils investigation to establish nature of subsurface materials and water table elevations at the two lift station sites with a 3D-foot boring for each station. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, dbpOI9/057.51 '. . CH2M HILL SERVICE AUTHORIZATION 4 DATE: /()/f~ < PAGE 3 OF 9 - - explorations, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur which could affect total PROJECf cost and/or execution. These conditions and cost/execution effects are not the responsibility of the CONSULTANT. CONSULTANT will assist with up to 86 labor hours of effort in obtaining necessary permits for construction by: · Preparing permit applications for wastewater collection and water distribution, and submitting to Florida Department of Environmental Regulation through Palm Beach County Health Department for approval and FOOT for work adjacent to Dixie Highway. · Responding to review questions from reviewing agencies · Meeting with reviewing agencies to discuss review comments (one such meeting is assumed). Task 3--Assistance During Bidding CITY will utilize standard procurement procedures for the formal advertising and receipt of bids. CONSULTANT will furnish 6 copies of final drawings and specifications for the City's use. CONSULTANT will provide document mailing and pre-bid services, such as preparation of advertisements for publication by the CITY, distribution of planholder lists, issuing of addenda, answering technical questions during the bidding period, attending the bid opening, evaluating bids, and making a recommendation for award. CONSULTANT will prepare 10 copies of conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the City for execution. Task 4--Services During Construction CONSULTANT will conduct a preconstruction conference including the CITY, Contractor, Contractor's subcontractors, and regulatory agencies. db pO 19/057.51 " CH2M HILL SERVICE AUTHORIZATION 4 DATE: /tJ/?7?O PAGE 4 OF 9 - - CONSULTANT will provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. CONSULTANT will conduct a monthly progress meeting with the Construction Contractor's(s) representatives and the CITY as necessary to assist in implementing the construction process. CONSULTANT will act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of CITY and Contractor( s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. CONSULTANT shall not be liable for the results of any such interpretations or decisions rendered in good faith. CONSULTANT will assist in negotiating with the Contractor the scope and cost of any necessary contract change orders. Prepare such change orders as may be required and submit them to the CITY for approval. One change order is assumed for this proposal. CONSULTANT will make 28 periodic visits to the site of the PROJECf to observe the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the intent of the Contract Documents. The presence or duties of the CONSULT ANT'S personnel at a construction site, whether as onsite representatives or otherwise, do not make the CONSULTANT or its personnel in any way responsible for those duties that belong to the CITY and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The CONSULTANT and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except CONSULTANT'S own personnel. dbp019/057.51 .r . CH2M HILL SERVICE AUTHORIZATION 4 DATE: /tJ#/l'tI PAGE 5 'OF 9 - CONSULTANT will review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit. These shall be reviewed for general conformance with the design concept of the PROJECf and general compliance with the information given in the Contract Documents. Such review is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions, and inconsistencies, nor is it intended to relieve the Contractor of his full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the Contract requirements. CONSULTANT will coordinate the work of inspection bureaus and laboratories in the observation and tests of materials used in the construction; receive and evaluate reports by such laboratories or bureaus. CONSULTANT will review, recommend modifications as appropriate, and submit to the CITY for payment the monthly payment requests of the Contractor. By recommending any such payment, ENGINEER will not thereby be deemed to have represented that title to any work, materials, or equipment has passed to OWNER free and clear of any liens. ENGINEER will make a final review of the construction to determine, in general, if the work has been completed in conformance with the intent of the contract documents. Assist in negotiating final payment for construction and submit a final letter report upon which final settlement and termination of the Construction Contract(s) can be based. The CITY and appropriate regulatory agencies may furnish a representative to jointly make the final observation of the construction. Document proceedings of all final settlement negotiations and record basis for final payment. CONSULTANT will revise original drawings and submit to the CITY and regulatory agencies completion of the work, one (1) Mylar set to the CITY and two (2) blueprints to the regulatory agency showing record information of the work, using available information supplied by the Contractor( s), onsite representative personnel, suppliers and other sources. Task S--Additional Services Pro~de additional services relating to the provision of water and se~er servIces to the enclave areas. These additional services may be reqUIred dbp019/057.51 '. ~ CH2M HILL SERVICE AUTHORIZATION 4 DATE: /C/?/97 PAGE 6 OF 9 - due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on an as-directed basis in accordance with a written Notice to Proceed from the City Manager. Each Notice to Proceed issued shall contain the following information and requirements. . A description of the work to be undertaken . A budget establishing the amount of the fee to be paid in accordance with Article VII.A.2 of the Agreement. . A time established for completion of the work. B. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CONSULTANT will advise the CITY in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to the CONSULTANT will be as negotiated with the CITY. 1. CITY will provide to CONSULTANT record drawings of all existing facilities which shall serve as the basis for modifications included in this project. 2. CITY will return to CONSULTANT within 10 working days after receipt from CONSULTANT, one copy of the pre design layout and of the 50 percent and 80 percent complete draft contract documents containing all comments to be considered for incorporation into the final documents. 3. CONSULTANT has assumed that all water and sewer pipe line alignment is within CITY rights-of-way. 4. CITY will be responsible for acquisition, surveying, and legal description of easements or property required for facilities. 5. CITY will provide to CONSULTANT records on all existing pump stations, impacted by the enclave improvements showing depth, horsepower, pump capacity and number of pumps. 6. CITY will observe the construction on a day-to-day basis and will provide the CONSULTANT with information on a daily basis concerning the progress of the work. The CITY will give prompt written notice to the CONSULTANT wherever CITY'S staff become aware of any actual or dbp019/057.51 , eo CH2M HILL SERVICE AUTHORIZATION 4 DATE: /~/f7iJ . PAGE 7 OF 9 - - suspected defect in the work of the CONSULTANT so that the CONSULTANT will have the maximum opportunity to mitigate any damages from such defect. 7. The wastewater in the North Federal Highway area will flow or be pumped to the collection system adjacent on the south side of the enclave and that no crossings for Federal Highway have been included. Additionally, the developer of the Anchorage has prepared a site plan which includes the dedicated easements for the utility services and lift station. 8. The wastewater in the Lake Ida area will flow or be pumped to the collection systems adjacent on the east and south sides of the enclave. 9. The wastewater in the Germantown area will flow by gravity to the existing collection systems in the area. 10. Redesign or rehabilitation of existing lift stations is not included in this scope of work. 11. CONSULTANT has not included preparation of operation and maintenance manuals or startup services in this scope of work. . 12. There are no railroad, canal, U.S., County or State highway crossings required. 13. Services during construction are based on an 8-month construction period. 14. Water services and sewer laterals will be located in the field by the Contractor. II. COMPENSATION TO mE CONSULTANT Compensation for professional consulting engineering services as described herein is estimated as follows: dbp019/057.51 '. CH2M HILL SER VICE AUTHORIZATION 4 DATE: /~/9lf4 PAGE 8 OF 9 - Total Task 1-- Design Services - Prepare Drawings, $99,726 ..- Specifications and Contract Documents Task 2--Special Services - Survey, Soils and Pennitting (Palm Beach County Health Department, FDER and FDOT) 39,149 ~ Task 3--Assistance During Bidding 6,434 ,-' Task 4--Services During Construction 53,503 -- . Task 5--Additional Services (If Authorized by City Manager) 20,000 - TOTAL $218,811 ' Compensation for services shall be in accordance with Article VII.A2 of the AGREEMENT. III. PROJECf SCHEDULE CONSULTANT agrees to perform the services required herein within the following time periods unless otherwise extended in writing by the CITY. Time as stated to herein refers to calendar days from the date of execution of this SERVICE AUTHORIZATION. Task l--Design Services - Prepare Drawings, 150 Days. Specifications and Contract Documents Task 2--Special Services--Surveying, Soil 180 Days. Borings and Permitting Task 3--Assistance During Bidding 210 Days. Task 4--Assistance During Construction 450 Days. Task 5--Additional Services As Negotiated *Based on no delays due to property acquisition. dbp019/057.51 . .- . ". CH2M HilL SERVICE AUTHORIZATION 4 DATE: IO/?F PAGE 9 OF 9 - APPROVED BY THE CITY OF DELRA Y BEACH If. day ofLKM9~ CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATIEST: /~~ .tJ~ EFORE M the foregoing instrument, B~ ' , Ma this L day of,~ , 19 ~ was acknowledged by Gregory T. McIntyre, ATTEST: Vice President and Regional Manager, By: ~ O'~VI'&A a duly authorized officer of CH2M HILL SOUTHEAST, INC., on behalf of ^c.~ City Clerk the Corporation and said person exe- cuted the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this Z day of ttJ.+Lu, 19~ Notary Public ~ Jb u2dU"f State of Florida .. N i'uu\it:' \ihlO l.o I II\'; "'AI M Co. Expo IllillY' \'19\ Y omnusslOn ues:M Commi15ion Expires lune 1'1. II .... DIll Jill ilia:....... ~ (Seal) dbp019/057.51 ., . " 7 I . 1 ...../CH2Mi~HIIlli,PR()aEe1!;casm:~'eSl'1MA.TE::: CUENT CITY OF DELRAY BEACH PROJECT NAME PROVISION OF WATER AND SEWER SERVICE TO FORMER ENCLAVE AREAS PROJECT NUMBER lABORCOSTDETAlt/>( .' TASK 3 TASK 4 RAW TASK 1 TASK 2 ASSISTANCE SERVICES HOURLY SPEC'S SPECIAL DURING DURING TOTAL DIRECT LABOR @ CATEGORY (NAME) RATE & DRAWINGS SERVICES BIDDING CONSTRUCTION HOURS LABOR MULTIPLIER 8 VPISENIOR CONSULTANT $33.30 0 SO $0 7 SENIOR MGRlSENIOR CONSULTANT $33.30 0 SO $0 6 PROGRAM. DEPT, OR DIY MGRlTECH CONSULT $33.30 49 6 3 35 93 $3.007 $9,291 5 SENIOR PROJECT MGRITECH CONSULT $32.60 159 20 10 114 303 $U78 $29.633 ,'POJECTMGRlSR PROJECT PROFESSIONAL $28.10 0 SO $0 :< PROJECT PROFESSIONAL $25.00 296 32 36 269 633 $15.825 $47,475 l PROJECT PROFESSIONAL II $21.55 184 170 354 $7,6a $22.886 1 PROJECT PROFESSIONAL I $18.75 0 $0 $0 5 LEAD TECHNICIANlSUPERYISOR II $22.90 0 SO $0 4 SENIOR TECHNICIAN $18.;5 134 18 152 $2,880 $8.641 3 CERTIFIED TECHNICIAN $17.35 0 $0 $0 2 TECHNICIAN $14.55 0 $0 $0 . JUNIOR TECHNICIAN $12.75 332 10 342 ....311 $13.082 .. TECHNICAL AIDE $11.20 356 78 434 ....881 $14.582 OFFICE SUPPORT $11.50 167 18 55 268 53,082 $0,246 . .....DlRecrcosr,:DETAll$'?>'.. AClUAL MULTI ITEM DESCRIPTION TASK 1 TASK 2 TASK 3 TASK 4 DIRECT DIRECT COMPUTERlAUTOCADD $3.600 $200 $200 S600 ....600 ....600 PRINTING. REPROGRAPHICS. AND GRAPHICS $950 $200 $1.000 $goo $3.050 $3.050 WORD PROCESSING $2.000 $250 $250 $200 $2.700 $2.,700 SURVEYING $25.000 $25.000 $25,000 SOILS $1.500 $1.500 $1.500 AERIAL PHOTOGRAPHY $6,000 $8.000 $6.000 AIR FARE $0 $0 AUTO MILEAGE $0 $0 MEALSlLOOGING SO $0 TELEPHONE $20 $20 $210 $210 POSTAGElFREIGHT $75 $75 SUPPLIES $840 $840 .......TOTALlABORAND OIREcrSER.yi9~~:~:!~::::::::'::' (.';..:.....: >:'..._i1iG:::::/{,..t.::}:::,:,.,ii,:::::"I~}mu ::::j:',$5@OG)).: '~'lfiii:,i:$t~B .. ~ . . . . I '- Engineers - Planners lEIlJllllI Economists - Scientists November 11, 1991 SEF24708.E1 Mr. William H. Greenwood, P .E. Director of Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Bill: Subject: Emergency Well Field Remediation, City Project No. 90-10 Services Beyond the Scope of Addendum No.6. We have completed our professional services, specifically Services During Construction and Resident Observation, for the subject project. We have been successful in managing a project with initial high potential for claims. This potential for change orders stemmed from an initial adversarial relationship between the Contractor and the City, resulting from the Contractor's unsuccessful $100,000 bid error claim. In fact, the final Contract Price, pending City approval of the final credit change order which includes deleting the $20,000 allowance, is $859,565. The result is a savings of $11,351 on the original Contract Price of $870,916. Both contracting parties have expressed satisfaction with the outcome of this project. As indicated in our letters of December 19, 1990, and January 31, 1991, (copies attached), the level of effort required to complete the work described in Addendum No.6, exceeded that so described. The increased effort was mostly due to the adversarial situation described above and changes in DERM regulations subsequent to design. Some changes in City preferences, partly driven by the effect of changes in DERM regulation, also contributed. Conditions that differed from those assumed (paragraph B. ASSUMPTIONS of Addendum No.6) are as follows (References to Item Numbers pertain to the attached breakdown of cost): . Several changes, initiated by the City of Delray Beach as a result of post design changes in DERM regulation and some City management CH2M HILL Sou'hea.' "oddo Office HIIIsba<a Execull... Cent., Norlh. eGO FalrNOY Dt/.... Suite 350 305.426.4008 I Deerfleld Beach. Florida 33441 407,737,Cj)s ~ ., .. Mr. William H. Greenwood, P.E. Page 2 November 11, 1991 SEF24708.E1 preference, both occurring early in the project resulted in a multiple item change order which included a 39-day delay to the project completion date. The changes and associated delay resulted in increased effort for resident obseIVation (see Item 1), increased effort for project management, submittal review, clarification, design, drafting, and change order related work (see Item 2), and increased project management directly related to the 39-day time extension associated -- with the changes (see Item 3). . Increased resident obseIVation (see Item 1) and project management (see Item 4) effort required in the early stages of the project as a result of an adversarial Contractor attitude concerning their claimed bid error of $100,000. The Poole and Kent Company, in their letter dated September 12, 1990, stated, "...we will execute and perform the contract in strict accordance with the contract plans and specifications." After a while we were able to establish a teamwork approach to the project and mitigate this affect. Specific changes and their causes are as follows (See also attached breakdown of cost for Item Nos. 1 through 4): Item No.1: Resident Inspection increased from 550 hours assumed to 731 actually required, t 169 increasing our level of effort and corresponding cost by $12,338. J Increased resident inspection was caused by an initial adversarial relationship between the City and the Contractor, described above, which required closer monitoring of Contractor quality control and an increased number of field clarifications as the Contractor attempted posture for change orders. Additional resident services were also caused by the changes described under Item No.2 below. Item No.2: City initiated changes included in a single change order (Change Order No.1) increased our change order level of effort and corresponding cost by $11,125. Specifically, these changes and their causes are as follows: '. ~ Mr. William H. Greenwood, P.E. Page 3 November 11, 1991 SEF24708.El a. Replace underground storage tanks with aboveground storage tanks at the North Pump Station and South Pump Station. This change was caused by changes in DERM regulation which prohibits underground storage tanks in proximity to wells. b. Replace aboveground storage tank at North Pump Station with SSO-gallon skid mounted tank. This change was initiated by City staff to provided flexibility in fueling generators. This was not an option when the North Pump Station storage tank was underground as designed prior to change in DERM regulation. c. Relocate generator and storage tank at 20 Series Wellfield. This change was initiated by a dispute with an adjacent property owner and complicated by a change in DERM regulation regarding placement of generators and storage tanks in Zone 1 (the closest area) of an individual well. While this required additional effort for the Engineer, the final solution did not affect the Construction Contract Price. d. Relocate Golf Course generator and storage tank from Wells Nos. 31 and 32 to Well Nos. 27 and 28 (See attached sketch). The original location, adjacent to the clubhouse parking lot for accessibility, was initially approved by golf course management. New golf course management requested relocating the generator and storage I tank for aesthetical reasons. We understand that management received negative response from golfers after the structures were staked. e. Relocate storage tank from north side (street exposure) to south side (back yard) of Pump Station No. 50. Initially this storage tank was designed as an underground storage tank with no affect on the appearance of the pump station. Since changes in DERM regulation resulted in changing the storage tank from underground to aboveground, City staff decided to relocate the storage .. . Mr. William H. Greenwood, P.E. Page 4 November 11, 1991 SEF24708.El tank to the backyard of the pump station, out of view from the street to maintain the desired aesthetic appearance of the pump station. f. Delete overflow tank and pump at the existing generator west of the treatment plant chemical building. This change was a result of changes in DERM regulation that requires all storage tanks to have containment. In lieu of containment City staff opted to delete the day tank and associated pump. g. Delete removal and disposal of the three chemical storage tanks south of the water treatment tank chemical building. Change providing and installing three 1.:'" <:torage tanks to providing and installing one new storage tank. OI;,;1:;;tl:: uay tank ano associated transfer pump. A leak (failure) in one of the sodium aluminate tanks prompted City staff to remove the leaking tank with another contractor. City staff opted to continue with the other existing sodium aluminate storage tank without improvements to remove moisture even though there is a risk of tank failure. The reason to not replace the existing tank is that it will become obsolete with pending treatment plant improvements (lime softening). However, if the tank fails, temporary measures will have to be implemented until the new system is commissioned (reason for the initial design improvements). The City felt this was an acceptable risk. Item No.3: Additional project management associated with the 39-day contract time extension granted by e.O. No. 1 increased our cost by $938. The 39-day time extension required additional routine project management activities, Le., meetings, billings, etc. Item No.4: Additional project management associated with the initial contractor bid error claim increased our level of effort and corresponding cost by $2,729. . . . . Mr. William H. Greenwood, P.E. Page 5 November 11, 1991 SEF24708.E1 The initial adversarial relationship between the City and the Contractor resulted in the Contractor challenging the Contract Documents in an attempt to generate change orders. Meetings were required to establish a teamwork approach to the project. The differing conditions from those assumed increased our cost of providing professional services by an estimated $27,131. We look forward to the City Commission's approval of an amendment to our contract in that amount. This request for additional compensation represents the final closeout of the services associated with Addendum No.6. It has been a pleasure to work with the City in completing this successful project. Sincerely, {.,L..,..IL..- . hn F. Curtiss oject Administrator dbt072\066.51 Enclosures cc: Jerry Bahn/CH2M HILL '. . . DELRAY BEACH EMERGENCY WELLFIELD PROJECT BREAKDOWN OF EXTRA COST BASED ON ADDITIONAL SERVICES CH2M HILL I J.BAHN I NOVEMBER 11, 1991 ACTIVITY HOURS RATE SUBTOTAL TOTAL fii~lQ.WiqMtmBgqnQN}f:l::::t::::mmmmmmm}:~~:m%:::~\:::::}::}::::}:::::%t:::::}~:m:::m: ITEMNO.1:>>';. .... ... ....x/.. 'd .. '. ,,_.. ..... '.",. ". .., "........- '. EXTRA RESIDENT OBSERVATION . CURTIS WILLIS 362 MIKE FURDOCK 315 LEN DRAGO 20 OTHERS 34 TOTAL LABOR HOURS 731 ANTICIPATED LEVEL OF EFFORT 550 - EXTRA RESIDENT INSPECTION EFFORT 181 $61 $11,041 EXPENSES $1 .297 TOTAL RESIDENT EXTRA COST $12,338 e.6~igPMAN.~gMiN](::t::~:::::tt:::JfJf:tttt}tJKfl}:fff::l::}::i, ITEMNO.2:',,'.{<i ;.".~'.... '.>< <.x i..> .... .... . -.- '" -.. ..., . , - '.", .. ,.. ... '. .... ... ..., ,. .. '."" - -, . ....""..... ..... '."', _................____....,... .. ,.. '.. _, .'. d. REGutATiONCHA.NGESAND. ... .. .. . -.. "," ,.. .....",' - -' .. ..."...... -, -" . ',' .... .... . .". .... .. .. ._.._.. ,.,." _. ....__.. "d... ,__,,,,, .... ... ,., -'. .. -_.-....., -, - .. .... ,-. CrrvINmATEOCHANGES.. . PROCESSING, COORDINATING & NEGOTIATION 84 $85.31 $7,166 REDESIGN 19 $71.22 $1.353 ESTIMATING 20 $50.53 $1 ,011 REDRAFTING 30 $43.89 $1,317 WORD PROCESSING 8 $34.75 $278 TOTAL COST PROCESSING CHANGES $11,125 ITEM~ ......,..,..... .... ............ ........... .. .... ;3i.,x>'::'}"{{'}>'::" ............,.:::;.;.;....{,<:{.:.>......,....,...;;.},i.::'..}.' . ....... .........".,..-...,., ... .... .........<.......... ......."...........". , . . . . . .. - ." . .... - . . . . . . . . . , . . . . - . . . . . . . . . . - . . - . . , , . - - , , . . , . . . . - . . . . - . - - . . . - . . . . ., ,'...,......,.. . ~p.brT'1Q~p~ijgJ~g,.~ANAGE'f.t~t'ft'.};\ ASSdCIATEDWItH3~DA 'YiIMeEXTl:NSIONYU 11 $85.31 $938 ~M~ .....,.."..............................................,........ .. . . ;.4....'...........).);...,........... ...........,..........::.........,............ '............<.......).'.\))\..... . . - . . . - - ... . . . . - . . . . . . - . . . . . . . - . - -. -". . . . . ...... .... .... - . . . . . . . " .. - . . . . . . . . - . . - - . .".......... .._".. ..--"...--. -"....... ....." , .. ."--. .""" "'" -.... """......" .'" ~P.bl'T'I()~l..p~CHEC,....~A~GI:Mr:tfrASSOc;l~fEt>.... WI"l1iINITIALC9~RACTOF\BIDERROR CLAIM)... MEETINGS 8 $85.31 $682 MANAGMENT OF INTITIAL ADVERSARIAL RELATIONS 24 $85.31 $2,047 TOTAL PM EXTRA COST $14,793 :f:j:j:tf{@rttlrltf%lMw:w:trtjnt:\f!;fjrttQ.TAb.::matd~p.$t,:::HlmtNi:J::nh trt$.~'M:~1.~m ,. . . .- Engineers - Planners ~ Economists - Scientists January 31, 1991 SEF2470S.El Mr. William Greenwood, P .E. Director of Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Emergency Well Field Remediation, City of Delray Beach Project No. 90-10--Services Beyond the Scope of Addendum ~o. 6. Representatives of the City of Delray Beach have requested changes to the subject project which require additional design and permitting effort. Specifically, these changes and additional effort are as follows: 1. Replace underground storage tanks (USTs) with aboveground storage tanks (ASTs) at the North Pump Station and South Pump Station resulting in the following additional effort: a. Design a 3000 gallon AST and containment area b. Obtain DERM permit c. Modify plans d. Prepare City building permit drawings 2. Relocate Golf Course generator and storage tank from Well Nos. 11 and 12 to Well Nos. 27 and 2S, resulting in the following additional effort: a. Modify electrical design b. Obtain DERM permit c. Prepare City building permit drawings d. Conduct well capacity evaluation CH2M HIll Southeast Florida Office HII/sboro Executive Center North. 800 Fairway Drive. Suite 350 305.426.4008 "- Deert/ald Beach. Florida 33441 407.737.6665 .- .. . Mr. William Greenwood, P.E. Page 2 January 31, 1991 SEF2470S.E1 3. Relocate AST from north side (street exposure) to south side (back yard) of Pump Station No. 50 resulting in the following additional effort: a. Obtain DERM permitting b. Modify electrical design c. Modify mechanical design d. Prepare City building permit drawings 4. Modify chemical storage layout resulting in the following additional effort: a. Modify electrical design b. Modify mechanical design c. Obtain DERM permitting d. Prepare City building permit drawings In order to initiate Change Orders to the Construction Contract by issuing Requests for Quotations to the Contractor, we must complete the additional design and permitting work indicated above. We believe the effort described above to be beyond that normally required for change order preparation and constitutes a condition differing from those assumed in Addendum No.6. . We hereby request that a change to Addendum No. 6 be negotiated before commencing with the additional work. Sincerely, CH2M HILL ~~~ Jerome E. Bahn Project Manager dbt072/048.51 cc: Ernie Kaeufer/City of Delray Beach John Curtiss/CH2M HILL Jay Ameno/CH2M HILL Robert Wright/CH2M HILL Mike Furdock/CH2M HILL .- . . . . .- Engineers - Planners ~ Economists - Scientists December 19, 1990 SEF24708.E1 Mr. William H. Greenwood Director of Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Emergency Well Field Remediation, City of Delray Beach Project No. 90 - lO--Addendum No.6, Article LB. ASsumptions In accordance with Addendum No.6, Article LB. ASSUMPTIONS, to the Standard Agreement for Professional Services dated February 11, 1988, we are advising you of potential differing conditions from those assumed to be a basis of agreement. The Poole and Kent Company (P &K), in its letter dated September 12, 1990, took exception to the City of Delray Beach's decision to award the Contract without consideration to P&K's claimed error of $100,000. In the same letter, P&K stated, "...we will execute and perform the contract in strict accordance with the contract plans and specification." We feel that P&K will aggressively pursue Contract Modifications through Requests for Clarifications in order to attempt to recover its alleged loss. At this time, we anticipate that changes will be required to the Assumptions on which the Agreement is based. These anticipated changes are the following: 1. We anticipate the number of change orders will exceed the two change orders assumed. 2. We anticipate the presence of our construction resident may increase beyond the SSO manhours assumed in order to more closely monitor Contractor quality control and to expedite field clarifications so that delay and associated claims are minimized. This additjonal presence may be required in conjunction with increased project management time, to enable us to more effectively assist the CH2M H/ll Southeast Flor/da Office H/IIsboro Executive Center North. 800 Fairway Dr/ve. Suite 350 305.426.4008 Deertle/d Beach. Florida 334A1 407.737.6665 . . . . . Mr. William H. Greenwood Page 2 December 19, 1990 SEF24708.E1 City in its relations with the Contractor, especially with respect to change orders and claims. 3. We fully expect additional project management time to manage increased legitimate claims. and anticipated frivolous claims. This trend is evident from the onset of the project. - We will keep you informed during the project and give prompt notice when adjustments may be required for potential differing conditions relative to the Assumptions. At this time we are expending our budget at a rate in excess of planned because of frequent requests for clarification and direction. Sincerely, CH2M HILL ~/"~L Jerome E. Bahn Project Manager dbt072/043.51 cc: John Curtiss/CH2M HILL " . . . [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIr,lILE 407i278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: January 31, 1992 To: city Commission From: Jeffrey S. Kurtz, City Attorney Subject: Linkage Between Land Development Approvals and Code Compliance; Our File #25-92.001; 25-89.001; 25-92.600 The Commission will be discussing whether it is appropriate to deny or condition land development approvals on the land's and/or applicants' code compliance history and if so, the most effective method of linking the two. This is an area that I feel the Commission should tread very carefully into as most land development approvals will have the effect of improving the condition of the premises. Therefore, the Commission or any of the boards who would have this linkage responsibility must always balance whether code compliance would prevent or reduce the improvements contemplated by the requested land development approval. There are several different types of approvals one may petition the City for. Such approvals consist of (1) land use designa- tion, (2) zoning designation, (3) site plan approval (4) condi tional use approval, (5) permit approval, (6) variance approval, and (7) certificate of appropriateness. The linkage or conditioning of code compliance with respect to the grant or denial of a zoning or land use designation would in all likelihood constitute contract zoning. Contract zoning refers to a governing body extending a zoning land use designation in exchange for some consideration on the part of an applicant. Very often that consideration is a specific improvement to the parcel of land being zoned. Such a contract has been uniformly determined by the courts to be illegal and void. Therefore it is our office's opinion that it is inappro- priate to consider a property or applicant's code compliance history when determining whether to grant or deny a land use or zoning designation on it. W~ L/-A . - . , Memo to City Commission January 31, 1992 Page 2 The granting of the permit is a ministerial act on the part of the City and does not involve discretion on our part. As such, the Commission would have to provide by ordinance a provision requiring full code compliance prior to the granting of any permit. In our office's view, such an action would be counter- productive and therefore we do not recommend that the Commis- sion consider linkage at that level. If the Commission desires to consider linkage at that level, further research by our office will have to be done with respect to constitutionality of such a provision. Site plan and conditional use approval are somewhat discretion- ary. The discretion that is involved is limited by the parameters set forth in our codes. The consideration of code compliance history is most easily defensible when linked to these approvals. If the Commission desires to link the grant- ing of a site plan or conditional use on code compliance, it would be recommended that such linkage be set forth in an ordinance with ultimate administrative review at the City Commission. The granting of a variance, although very often subject to conditions, is tied to criteria related specifically to qualities of the land or structures. Therefore, the conditions imposed relate to those such qualities of the structures and the land. It is not recommended that we attempt to link code compliance with the variance procedure. Likewise, the certificate of appropriateness which applies to our historic districts relates to the specific nature of the property and/or structures and therefore our office would not advise it to be linked directly to code compliance. In conclusion, it is our office's opinion that the most appro- priate approvals to link to code compliance would be those for site plan and conditional use and the ramifications and goals of such linkage should be fully discussed during the ordinance process. Should any Commissioner have any questions concerning this matter, please do not hesitate to contact our office. JSK: jw cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning Lula Butler, Director of Community Improvement Rich Bauer, Code Enforcement Administrator linkage.jsk , .. - '. .... ~ NARRATIVE RE STAFF ASSESSMENT OF CONSIDERATION OF CODE ENFORCEMENT MATTERS IN LAND USE PROCESSING: DJK/LB 1/8/92 Staff Perspective: The Director of Community Improvement and Director of Planning offer the following perspective. Code Violations: Most code violations noted during land use review reflect non-conforming situations. Little effort is made to determine if the situation is, indeed, non-conforming or may be illegal. There is an assessment made of the current condition and often conditions are imposed for some upgrading. These assessment may be very casual with "non-impacting" type of requests. Code Citations: There is not a practice to review Code Enforcement records as a part of project review. This step could be instituted and the status of any such violations noted in the staff report. Resolution Prior to Acceptance of an Application: This requirement may be quite onerous. In some instances, the application may have been generated in response to a Code citation. A similar type of submission prerequisite which dealt with a clean tax payment record was considered when the LDRs were prepared. However, such a concept was rejected due to the various situations which may occur such as property being in out of control of the property owner, etc. Resolution a. a Part of the Land Use Review Proces.: As stated above, current citations could be a part of the staff report. However, it would require a specific policy (ordinance?) if compliance were to be required as a condition of approval, especially if the citation did not relate directly to the development order. ., 1"1 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER ALISON MACGREGOR HARTY, CITY\C:E~\ . FROM: DIANE DOMINGUEZ, PLANNER II~vJl ~,~~ DATE: JANUARY 28, 1992 RE: LETTER TO BOARD MEMBERS RE: CITY COMMISSION WORKSHOP FOR TUESDAY, FEBRUARY 4, 1992 AT 7:30 P.M. The attached letter has been sent to all Planning and Zoning Board, Site Plan Review and Appearance Board, and Historic Preservation Board members. DD/dlm Attachment * Letter of January 28, 1992 ., . . [ITY DF DELRAY BEA[H 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000 January 28, 1992 Mark Krall, Esq. 616 E. Atlantic Avenue Delray Beach, Florida 33483 Dear Mr. Krall: The City Commission has scheduled a special workshop to discuss several issues relating to the role and responsibilities of the City's development review boards. Among the issues to be covered in the workshop are the following: -- Consideration of a policy which would require that any code violations which exist on a property be corrected prior to, or as a condition of, development approval. -- Dealing with "as-built" and after-the-fact variances and adjustments. -- An assessment of the level of input which the City's boards provide into the design and layout of development projects. The workshop will be held at City Hall on Tuesday, February 4, 1992 at 7:30 p.m. Members of the Planning and Zoning Advisory Board, Site Plan Review and Appearance Board, and Historic Preservation Board are encouraged to attend. If you have any questions regarding this meeting, please call me at 243-7040. :g:~ Di ne Dominquez, A~1 Planner III Current Planning Division THE E;::FOP.T ALWAYS MATTERS - '1 . ~-_._--_._-- n '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~'fvl FROM: CITY MANAGER {I I SUBJECT: AGENDA ITEM # <16 - MEETING OF JANUARY 14, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION DATE: January 10, 1992 At their December 4, 1991 meeting the Site Plan Review and Appearance Board approved building elevations for a freezer addition and landscaping plan modifications for Dunkin Donuts located on Federal Highway and Tropic Boulevard. This appeal action resulted from the review of appealable land use items at the December 10, 1991 regular meeting. The appeal was raised by Dr. Alperin. He cited the situation wherein the subject property had several code violations which were not resolved. Those violations are: -Improper storage of outside refuse. -Handicapped parking spaces not properly striped. -Improper fill in public right-of-way. Currently, liens and accrued fines total $26,800. This appeal opens up another issue, whether or not compliance with code violations or citations should be resolved prior to, or as a part of, the granting of land use approvals. Currently, no policies exist which direct such actions. Therefore, staff recommends that the Commission not take any action on the appeal and allow installation of the freezer and the modifications to the landscaping. Further, direction is sought with regard to requiring code compliance as part of the land use review process. The City Attorney should also be consulted as to whether it is proper to link decisions on land use requests with resolution of code violations. A detailed staff report is attached as backup material for this item. LL~611'O fT5 P '-! AcJYY1 ,I d..I , - D'$C:-~ LMuP- 1-6 ~ ~~ ) , roli&1 wo~Ho cL~ . how fnW!-h hf--(p / r!C/1!(1/€J77- ;L. Y q d-- . I 7} ,'s PR.c0;O'C-~ kIT) -th€.. BC/reD5 /0 ' . ,q ( . 1 I L.1 , (-/~ - .s i8 f1 ACj f__ Frs t=r hnE5 TO OUeefOI fr-,pf.:: ) [me. AnDI?fw5 ) .. . . .. .. . , C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER J~QoL- FROM: AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 14, 1992 CONSIDERATION OF APPEAL OF SPRAB ACTION PERTAINING TO SITE PLAN MODIFICATIONS AT DUNKIN DONUTS ( S. FEDERAL HIGHWAY) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considerinq an appeal of the SPRAB action which approved modifications at Dunkin Donuts on South Federal Highway. The action taken by SPRAB was approval of: * building elevations for a freezer addition; and, * landscaping plan modifications. However, a policy direction issue also surfaces in consideration of this item. BACKGROUND: This appeal has resulted from the review of appealable items at the City Commission meeting of December 10, 1991. The appeal was raised by Commissioner Alprin. He cited the situation wherein the subject property had several code violations which were not resolved. The code citations which existed involved four cases; the subjects of which includes: * improper storage of outside refuse; * handicapped parking spaces not properly striped; * improper fill in public right-of-way. This property is scheduled for a January 28, 1992 hearing before the Code Enforcement Board. Since the December action, the City has undertaken some regrading of the alleyway. Please refer to the memorandum from Jeff Costello, dated December 17th, for a more detailed accounting of the citations. Defininq the Issue: It appears that this appeal is not of what was approved, but of whether or not compliance with code violations or citations should be resolved prior to, or as a part of, the granting of land use approvals. .. . City Commission Documentation ,.. . ~ Consideration of Appeal of SPRAB Action Pertaining to Site Plan , Modifications at Dunkin Donuts (S. Federal Highway) Page 2 Attached is a narrative from the Director of Community Improvement and the Director of Planning regarding this broader issue. Assessment: It is thought that the Dunkin Donuts situation is a rather isolated instance (with respect to code compliance matters) and does not represent the norm; thus, looking at code enforcement matters may not create excessive bureaucracy. In order to get a better understanding of the situation, it may be appropriate to operate for three months worth of project where we do determine if there are outstanding citations and include them as a part of the project review. ALTERNATIVE ACTIONS: With respect to the site plan modification action of SPRAB it seems most appropriate to not take an action and allow installation of the freezer and the modifications to the landscaping. With respect to the issue of seeking code compliance as a part of the land use review process, it is necessary that the City Commission provide direction. Choices which are available include: 1- Direct that we continue as we have in the past and make no changes. 2. Direct that a three month trial period be used during which the state of Code Enforcement citations are considered in the review process. 3. Direct that a more aggressive program be pursued. RECOMMENDED ACTION: 1- Take no action on the appeal, thus allowing the freezer addition to go forward. 2. Regarding the broader issue, Commission discretion. Attachment: * Narrative re Staff Assessment of consideration of Code Enforcement matters in land use processing * Costello memo re Code Enforcement actions on the subject property. * SPRAB Staff Report and Minutes re Dunkin Donuts freezer addition and landscaping changes . . -I . NARRATIVE RE STAFF ASSESSMENT OF CONSIDERATION OF CODE ENFORCEMENT MATTERS IN LAND USE PROCESSING: DJK/LB 1/8/92 Staff Perspective: The Director of Community Improvement and Director of Planning offer the following perspective. Code Violations: Most code violations noted during land use review reflect non-conforming situations. Little effort is made to determine if the situation is, indeed, non-conforming or may be illegal. There is an assessment made of the current condition and often conditions are imposed for some upgrading. These assessment may be very casual with "non-impacting" type of requests. Code Citations: There is not a practice to review Code Enforcement records as a part of project review. This step could be instituted and the status of any such violations noted in the staff report. Resolution Prior to Acceptance of an Application: This requirement may be quite onerous. In some instances, the application may have been generated in response to a Code citation. A similar type of submission prerequisite which dealt with a clean tax payment record was considered when the LDRs were prepared. However, such a concept was rejected due to the various situations which may occur such as property being in out of control of the property owner, etc. Resolution as a Part of the Land Use Review Process: As stated above, current citations could be a part of the staff report. However, it would require a specific policy (ordinance?) if compliance were to be required as a condition of approval, especially if the citation did not relate directly to the development order. .. . t. . MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ~~ FROM: JEFF COSTELLO, PLANNING TECHNICIAN I~ . RE: GATEWAY SHOPPING CENTER DATE: DECEMBER 17, 1991 As you are aware, the Planning Department has processed a request for a non-impacting site plan modification to install a freezer in the rear of the existing Dunkin' Donuts at the Shopping Center. The elevations and landscape plan were approved by S.P.R.A.B. subject to conditions and was appealed by a t the City Commission meeting by Commissioner Alperin. The basis for the appeal was that the shopping center has been cited for a number of code violations that have not been corrected. The following is a list of Code Violations associated with the Gateway Shopping Center that are pending: A. Code Enforcement Board Case No. 91-6624: 1. LDR Section 4.6.6(B)(2), refuse areas and outside storage to be screened from public right-of-way. Gates must remain closed. 2. LDR Section 4.6.9(C), requires handicapped spaces shall be provided (designed, signed & striped) per Florida Statutes. STATUS: Since 11/22/91 being fined $200 per day, thus accruing $5,000 in fines. B. Code Enforcement Board Case No. 91-6350: 1. Code of Ordinances Section 102.01(B), Permit to perform work in public right-of-way. Fill was placed in the alley east of the subject property causing drainage problems. STATUS: $3,600 LIEN ASSESSED. Since 7/24/91 accrued $4,025 in fines. Scheduled for hearing at the January 28, 1992 Code Enforcement Board meeting. C. Code Enforcement Board Case No. 91-6303: 1. Code of Ordinances Section 51. 35, requires adequate trash containers on-site for holding waste materials. . . . 2. Code of Ordinances 51.41(B) , requires trash to be properly placed in containers so as not to become wind blown. 3. Code of Ordinances Section 51. 42, requires trash containers to have lids. 4. Code of Ordinances Section 98.04, requires premises to be free of litter. STATUS: $1,400 LIEN ASSESSED. Since 6/16/91, accrued $4,725 in fines. Scheduled for hearing at the January 28, 1992 Code Enforcement Board meeting. D. Code Enforcement Board Case No. 90-6163: 1- Code of Ordinances 159.27(A,B,D). STATUS: $2,875 LIEN ASSESSED. Since 5/29/91 accrued $5,175 in fines. LIENS + ACCRUED FINES = $26,800 If you would like to discuss the above with me or need additional information, let me know. .. . MINUTES: Site Plan Review and Appearance Board Meeting .- . December 4, 1991 \ Page 3 IV. PROJECT PLANS A. Scarlett O'Hara 335 East Linton Boulevard James Sharon . Elevations & Landscaping Represented by James Sharon, one of the owners of the restaurant and of the center. Mr. Taylor review the staff report. Hr. Sharon stated the deck will be in a "cranberry bog" with the awnings in a pink-peach color. Some of the parking spaces will be removed to accommodate the deck and Mr. Taylor stated there was sufficient parking area. Some of members were concerned about safety with cars travelling close to the seating area. It was noted there was a railing. Four (4) parking spaces will be eliminated. One member expressed some concern regarding noise and setting precedent. Hr. Sharon assured the board there would be no bands playing music. A recommendation was made to reduce the railing height. After discussion, Hr. LaSalle moved to accept the plans as submitted with the reduction in the height of the railing to 36" and with the width of the deck reduced to 16' make the landscaping island 4' wide instead of 3'. Seconded by Hr. Fisher. Mr. Marsh noted that in, effect, people have been placed in a parking lot and recommended that the issue of safety be reviewed by staff. Mr. DeOto noted the lack of car stops by the railing. Also, the applicant was informed he needed to provide a sample of the awnings. The vote was as follows: Tom LaSalle Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Debora Oster Yes Rett Talbot Yes Mark Marsh Yes B. Dunkin Donuts 1911 South Federal Highway Bill Salera Non-impacting Site Plan Hodification Represented by Bill Salera. Some of the members expressed concern with the compressors located atop the freezers. Also. Hrs. Oster questioned the Ligustrum and suggested a shadow-box type fencing with a vine. Mr. Marsh felt the freezer should be treated as would a dumpster and questioned if the hedge screening would be sufficient. After discussion, Mrs. Oster moved to approve the Dunkin Donuts plans as submitted with the condition that an 8' wooden fence be added . behind the hedge and be painted to match the Dunkin Donuts walls. - Seconded by Mr. Sowards with the vote as follows: sPt~& ~ ~it!t.,. ~,~ . . . . , \ MINUTES: Site Plan Review and Appearance Board Heeting , December 4, 1991 Page 4 C Gene Fisher Yes Sam DeOto Yes Tom LaSalle Yes Jess Sowards Yes Rett Talbot Yes Debora Oster Yes Mark Marsh Yes Discussion Mrs. Meeks briefly informed the members that Sherwood Pontiac, Pompey Park Press Box and the Barwick Middle School ~ould be before the Board for review. Also, The Groves was scheduled for January 8, 1992. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:45 p.m. Note To Reader -- If the Minutes you have received are not completed as indicated above, (~ '-' these are not the official Minutes of the Site Plan Revie~ and Appearance Board. They will become official Minutes only after they have been reviewed and approved ~hich may involve some amendments or additions or deletions of the Minutes as set forth above. The undersigned is the secretary of the Site Plan Review and Appearance Board of Delray Beach and the information is the Minutes of the meeting of said Site Plan Review and Appearance Board of December 4, 1991, which Minutes were formally approved and adopted by the Site Plan Review and Appearance Board on , 1991. {urjJ-~ l3c:1Jlh Anita Barba Recording Secretary spI2-491.txt ( .. H, - . ~ ~ --------------------------------------------------------------- PLANNING AND ZONING DEPARTMENT MEMORANDUM ------------------------------------------------------------------ .. AGENT: Bill Salera PROJECT NAME: Dunkin' Donuts - Non-Impacting Site Plan Modification PROJECT LOCATION: Northeast corner of Federal Highway and Tropic Boulevard, within the Tropic Square Shopping Center. ITEM BEFORE THE BOARD: The item before the Board is that of approval of the building elevations and landscape plan associated with a non-impacting site plan modification for Dunkin' Donuts. The site plan will be approved administratively. PROJECT DESCRIPTION: The development proposal is to construct a 36 sq. ft. walk-in freezer underneath the building overhang in the rear of the Dunkin' Donut building. In addition, a ligustrum hedge with a height of 3 ft. at the time of planting is proposed on the east and north sides of the freezer. The proposal indicates that the hedge will be maintained at 6 ft. The height of the freezer will be 7.5 ft. high with an air compressor unit on top of the freezer. Thus, the overall building height will be 8.5 ft. PROJECT ANALYSIS: The proposed freezer will be a prefabricated aluminum structure with a silver color. As the prefabricated freezer will be inconsistent with the Dunkin' Donut building with respect to building material and texture, Staff recommends that the height of the hedge be 4.5 ft. at the time of planting. RECOMMENDATION: By separate motions: A. Approve the building elevations for Dunkin' Donuts based upon positive findings with respect to Section 4.6.18. B. Approve the landscape plan based upon positive findings pursuant to Section 4.6.16 subject to the condition that the proposed Ligustrum hedge be 4.5 ft. at the time of planting. AGENDA ITEM: IV. B DATE: DECEMBER 4, 1991 S? ~"\e <:"j, ~ '" .;.z ."'0.1 - d - '. . . .- . . -- ---- ~ 1 i 11 I, I I III II I ! 1'1 I II .. II II ~ I II . . II II I z I I I < ...J : ! ! II a. I..lJ a. < 0 ! III - (/) .0 z < ...J 111 I ....... l Z 0 II I ~ ( r- . < 1'1' I L 0 . 0 ...J I I ! III I, I . I I' I I -- I III II . I I I i I I I' I 8 I I I. I i ! 1'1 I Ii I. I I ,. . . . . - . r...:/.7.J~ . ~ ~~67 rch r . ., REPORT ON TOURISM IN PALM BEACH COUNTY FOR NOVEMBER 1991 DECEMBER 20, 1991 " PREPARED FOR: DISCOVER PAlM BEACH COUNTY & THE PALM BEACH COUNTY TOURIST DEVELOPMENT COUNCIL PREPARED BY: REGIONAL RESEARCH ASSOCIATES 2491 NW BOCA RATON BLVD, SUITE B BOCA RATON, FLORIDA 33431 (407}750-6761 BOCA (407)736-6688 REFERENCE NUMBER: R:\PROJECTS\DPBC\REPORTS\REP1991\TOCT91.RPT ; {;;C!- ! . '. . CONTENTS SUMMARY 1 HOTEL OCCUPANCY 4 OCCUPIED ROOM NIGHTS 5 ROOM RATES 6 ORIGIN CHARACTERISTICS OF TOURIST PARTIES 7 GENERAL CHARACTERISTICS OF TOURIST PARTIES 8 OCCUPANCY AND ROOM RATES IN BROWARD AND PALM BEACH COUNTIES 9 EMPLOYMENT IN TOURIST RELATED INDUSTRIES 10 TAXABLE SALES IN TOURIST RELATED INDUSTRIES 10 '. ~ SUMMARY OF OCCUPANCY SURVEY 1. The average occupancy rate for all properties in November 1991 was 57.5%: an INCREASE of 1.7 points from the 55.8% reported in November 1990. Occupancy in November 1991 was UP by 7.2 points over October 1991 figure of 50.3. On a Fiscal Year to Date basis through November, occupancy rates are UP 0.2 points to 53.9 as compared with 53.7 the previous period one year ago. Hotel rooms INCREASED by 3.5% in November 1991 over November 1990. 2. OccupiedroomnightsforNovember1991 were 259,285 compared to 243,132 for November 1990; an INCREASE of 6.6 PERCENT. Compared to October 1991, occupied room nights are UP 3.7 % from 234,378 to 243,132. On a Fiscal Year to Date basis through November, occupied room nights are UP 3.8% over the same period one year ago, from 475,458 to 493,663. \ . 4.- .v<--t ~'\ 3. The average daily room rate for all~:':;;:rties in November 1991 was \..~{ $76.24; a 7.6 PERCENT DEgREASE over the $ 70.88 in November \'!?'t.>L... . 1990. Compared to October 1991, room rates are UP from $67.42 ~~' I '\... \;; or 13.1%. On a Fiscal Year to Date basis, room rates through / ,) November are down 1.0 percent from $69.94 to $69.23. . j' 4. Lodging revenues were $19,767,869 in November 1991 compared to~, $17,233,179 in November 1990; a 14.7 PERCENT INCREASE. / Compared to October 1991, lodging revenues are UP 25.1% from / $15,801,791. On a Fiscal Year to Date basis through November, lodging revenues are UP 8.0% over the same period one year ago from $32,931,440 to $35,569,660. 5. * Conference/convention bookings generated 44.9% of room nights for the November 1991 sample or an estimated 50,254 room nights in 28 hotels with convention facilities. 6. Conference/convention bookings generated 105,984 room nights for the Fiscal Year 1992 through November 1991 and 93,710 for the same period one year ago. 7. u An estimated 7,988 TouTistsfrom Other Countries stayed in the County during November, of which 1,322 were from Canada, 1,609 from England, 2,529 from Germany, 746 from Scandinavian countries, and 1,782 from other countries. On a Fiscal Year to Date basis through November, tourists are UP 13.1 percent from 25,078 to 28,356. *. .. Convent1on/conference book1ngs are est1mated from a sample of reporting hotels. The hotels who report each month will vary and can affect the estimate. The hotels on the list were revised October 1990. Hotels reporting in both November 1990 and 1991 had 46.4% convention roomnights in 1991 compared to 43.7% in 1990. .. These estimates are generated from the responses provided by hotels in the property survey. Groups who do not stay in hotels/motels will be underestimated relative to their actual numbers in the county. 1 . '. , SUMMARY OF OCCUPANCY DATA CONTINUED 8. Tourists from NY, NI, and P A reportedly accounted for 72,600 room nights and 16,091 tourists, while Tourist/rom other states accounted for 58,624 room nights and 12,995 tourists. 9. An estimated 95,369 tourists stayed in houls in the county during November 1991 compared to 84,619 in November 1990. Tourists stayed for a significantly greater nights per party and thus the number of tourists is not UP sUbstantially even though occupied roomnights are UP substantially. During November 1990 occupied roomnights per party were 6.1, while in November 1991 they were 8.7 a rise of 42.6 percent. On a Fiscal Year basis the number of hotel tourists is UP from 165,749 to 215,934. 2 ~ SUMMARY OF ECONOMIC DATA 1- Total passengers enplaned and deplaned at Palm Beach International Airport were DOWN 9.~% in October 1991 over the same month one year ago and DOWN 10.9% calendar YTD. Total passengers enplaned and deplaned at AfwmilmenwtwnalAi~nwere UP 4.6% in October and UP 4.5% year-to-date. Total passengers enplaned and deplaned at Ft. Lauderdale/Hollywood International Airport were DOWN 13.0 percent in October 1991 and DOWN 11.8 percent for the calendar YTD. 2 . EmploymenJ in tourist reltzud industries was up 3.3% in October 1991 over the same month one year ago. 3. Taxable sales of tourist related businesses were DOWN 4.5% as reported for October 1991 over the same month one year ago. 4. Taxable sales for lodging places reported by the Department of Revenue for October 1991 were DOWN 27.7% over October 1990 AFTER BEING UP 15.57% in september 1991. Lodging revenues reported by RRA were up 0.7 in October 1991 over October 1990. State data on taxable sales of lodging places include restaurant, bar and gift shop sales in hotels. Sales in any month by establishments who file late are reported in the subsequent month totals. 5. Taxable sales of lodging places compiled by the Department of Revenue were DOWN 27.7% on a fiscal year-ta-date basis reported for October 1991 over the same period one year ago from ~o, 598 to $19,095,342. ..!!.ote1 lodging revenues w~ up 0.7. in this period from $15,698,261 to $15,801,791 as ated by Regional Research Associates. / "\ (v Tourist bed ttlXJ!S are --= 6. estimated at $575,245 for November, 1991 compared to estimated taxes of $501,485 in November 1990 and $459,832 for October, 1991- These are before adjustments. 3 , " , TABLE 1 AVERAGE OCCUPANCY RATES BY PROPERTY SIZE NOVEMBER 1991 AND CHANGE FROM SAME PERIOD 1990 Property Nov Nov % Rooms % Rooms Size In 1990 1991 Report Report Rooms (R) (P) Change Low High 1990 (R) 1991 (P) All Prop. 55.8 57.5 1.7 17.6 80.9 58.3 52.0 1 - 50 50.9 64.0 13.1 63.0 66.8 7.5 2.5 1 - 100 51.2 60.4 9.2 17.6 67.0 27.6 21.5 SAME 52.4 58.2 5.8 37.8 75.5 20.4 20.4 220 - 500 54.3 54.8 0.5 34.8 80.9 81.2 77.5 101 + 58 . '0 56 . 2 - 1. 8 3 4 . 8 8 0 . 9 7 3 . 0 65 . 7 Note: Ind~v~dual propert~es are we~ghted by number of rooms. CHANGE is computed by taking the difference in occupancy rates for the two months. R=Revised. P=Preliminary. SAME= those hotels who reported in both years. TABLE 2 AVERAGE OCCUPANCY RATES BY PROPERTY SIZE FISCAL YEAR-TO-DATE NOVEMBER Property Fiscal Fiscal Size In Year Year Rooms 1991(R) 1992(P) Change All Properties 53.7 53.9 .2 1 - 50 49.9 55.9 6.0 1 - 100 49.4 53.6 4.2 SAME PROPERTIES 49.9 51.2 1.3 220 - 500 57.2 52.2 5.0 101 + 55.8 54.0 1.8 Note: Ind~ v~dual propert~es are we~ghted by number of rooms. CHANGE is computed by taking the difference in occupancy rates for the two months. R=Revised. P=Preliminary. SAME PROPERTIES= Those hotels who reported in both years. 4 . TABLE 3 AVERAGE OCCUPANCY RATES BY REGION FOR NOVEMBER 1991 AND CHANGE FROM SAME PERIOD 1990 Region November 1990 November 1991 Change (R) ( P) North 57.8 60.3 + 2.5 Central 53.6 51.6 - 2.0 South 57.9 61.1 + 3.2 The Northern reg10n conta1ns R1v1era Beach and S1nger Island and areas north to the Martin County border. The Central region runs from West Palm Beach to Lake Worth. The Southern region runs from Boynton Beach southward. Properties in the Glades region are not included to avoid disclosure on individual properties. CHANGE is computed by taking the difference in occupancy rates for the two appropriate periods. R=Revised. P=Preliminary. TABLE 4 OCCUPIED ROOM NIGHTS AND LODGING REVENUES NOVEMBER 1991 AND PERCENT CHANGE FROM SAME PERIOD YEAR AGO OCCUPIED LODGING PERIOD YEAR NIGHTS REVENUES NOVEMBER (R) 1990 243,132 $17,233,J.79 ( P) 1991 259,285 19,767,869 PERCENT CHANGE IN ROOMNIGHTS 6.6 PERCENT CHANGE IN LODGING REVENUES 14.7 ----------------------------------------------------------------- CALENDAR YTD: NOVEMBER(R) 1990 2,870,146 $225,301,974 ( P) 1991 2,900,257 237,068,968 PERCENT CHANGE IN ROOMNIGHTS 1.1 PERCENT CHANGE IN LODGING REVENUES 5.2 ----------------------------------------------------------------- FISCAL YTD: NOVEMBER(R) 1991 475,458 $ 32,931,440 ( P) 1992 493,663 $ 35,569,660 PERCENT CHANGE IN ROOMNIGHTS 3.8 PERCENT CHANGE IN LODGING REVENUES 8.0 ----------------------------------------------------------------- FISCAL YTD: OCT TAXABLE SALES LODGING REVENUES LODGING PLACES OF HOTELS (R) 1991 $ 26,400,598 $ 15,698,261 ( P) 1992 $ 19,095,342 $ 15,801,791 PERCENT CHANGE IN TAXABLE SALES -27.7 PERCENT CHANGE IN LODGING REVENUES 0.7 R= Revised. P=Preliminary. Taxable sales reported by Department of Revenue, State of Florida. 5 .. TABLE 5 AVERAGE ROOM RATES BY PROPERTY SIZE FOR NOVEMBER 1991 AND CHANGE FROM SAME PERIOD 1990 Property $ Amount $ Amount Size In November November of Change of Change Rooms 1990(R) 1991 (P) Change Down Up All Properties $ 70.88 $ 76.24 $ 5.36 - 5.33 10.00 1 - 100 46.71 50.03 3.32 -22.37 10.45 SAKE PROPERTIES 49.43 49.00 - 0.43 -22.37 10.45 101 - 500 64.72 73.27 8.55 -12.41 22.67 220 - 500 61. 86 82.39 20.53 - 5.35 22.67 501 + 181. 41 176.15 -5.26 -12.04 NA Note: Ind1v1dual propert1es are we1ghted by number of rooms. CHANGE is computed by taking the difference in occupancy rates for the two months. R=Revised. P=Preliminary. SAME PROPERTIES= Those hotels who reported in both years. TABLE 6 AVERAGE ROOM RATES BY PROPERTY SIZE FISCAL YEAR-TO-DATE NOVEMBER Property Fiscal Fiscal Size In Year Year Rooms 1991 (R) 1992 (P) Change All Properties $ 69.94 $ 69.23 $ -.71 1 - 100 45.91 46.76 .85 SAME PROPERTIES 46.14 46.00 .14 101 - 500 64.15 68.48 4.33 220- 500 63.34 78.81 15.47 501 + 175.64 170.41 -5.23 Note: Ind1v1dual propert1es are we1ghted by number of rooms. CHANGE is computed by taking the difference in occupancy rates for the two months. R=Revised. P=Preliminary. SAME PROPERTIES= Those hotels who reported in both years. 6 TABLE 7 ORIGIN OF TOURIST PARTIES NOVEMBER 1991 Origin Source Hotel 1991 Airport 1991 Florida 10.9 2.9. New York 23.6 31.4 New Jersey 5.5 11.4 Illinois 3.6 5.7 Connecticut 9.1 2.9 Deleware 1.8 0.0 Pennsylvania 5.5 5.7 Massachussetts 5.5 8.6 Michigan 3.6 11.4 California 1.8 5.7 SUBTOTAL 70.9 85.7 other states 19.1 14.3 Other Countries 0.0 0.0 England 0.0 0.0 Canada 0.0 0.0 Germany 0.0 0.0 TOTAL 100.00 100.0 Source: Hotel surveys, Reg~onal Research Assoc~ates. 7 .. TABLE 8: GENERAL CHARACTERISTICS OF TOURIST PARTIES NOVEMBER 1991 CHARACTERISTICS HOTEL 1991 AIRPORT 1991 Average Party Size 3.2 1.9 Average County Nights 6.4 14.8 Average Hotel Nights 5.8 0.0 Average Hotel Rooms 1.5 0.0 visitor by Purpose (%) visit Friends/Relatives 13.8 33.3 Vacation 51.7 60.0 Convention/Conference 3.5 0.0 Business 31. 0 6.7 Other 0.0 0.0 Reasons Vacation in County (%) Convenient Flights 14.9 15.8 Beaches 22.9 26.3 Close to Friends/Relatives 36.5 31. 6 . Ads/Promotions 0.0 0.0 Recommended 12.1 10.5 Golf/Tennis/Recreation 13.6 15.8 County Main Destination (%) 79.8 80.8 First Visit to County (%) 50.0 7.7 Plan Return to county (%) 96.0 96.6 Used Vacation Package (%) 8.9 7.7 Booked Trip with (% ) Travel Agency 53.1 47.8 Hotel 2.6 0.0 Other 44.3 52.3 Advance Planning (%) 1 Month or Less 47.6 45.8 2 - 3 Months 34.7 29.3 More than 3 Months 17.7 25.0 Facilities Enjoyed (%) Golf and Tennis 16.1 34.6 Boating, Diving, Fishing 26.6 19.2 Pari-Mutuels 11. 3 15.4 Bars & Nightclubs 44.4 42.3 Cultural Events 11. 3 19.2 Attractions 36.3 42.3 Restaurants 100.0 84.6 Shopping 87.9 88.7 Sidetrips 19.4 15.4 Beaches Water Activities 30.6 34.6 Sunbathing 55.6 73.1 Walking/Jogging 50.8 65.4 8 TABLE 8 (CONT" D) CHARACTERISTICS HOTEL 1991 AIRPORT 1991 Average Spending Per Party Lodging $ 379 $ 168 Restaurant/Bars 331 273 Gifts/Shopping 254 264 Entertainment/Recreation 141 151 Travel while in the County 133 107 Side Trips 247 89 Other Expenditures 83 46 Total $1,568 $1,098 Source: Hotel and A~rport Surveys, Reg~onal Research Assoc~ates. TABLE 9 OCCUPANCY AND ROOM RATES IN BROWARD AND PALM BEACH COUNTIES September October 1990 (R) 1991 (P) 1990 (R) 1991 (P) Occupancy Broward 50.3 50.9 56.5 56.4 Rates Palm Beach 48.1 47.6 51. 6 50.3 Average Broward $ 42.93 $ 46.09 $ 49.66 $ 44.61 Room Rates Palm Beach 59.09 60.54 67.57 67.42 Source: Broward data ~s from the Broward County Tour~st Development Council. R=Revised. P=Preliminary. 9 ., TABLE 10 EMPLOYMENT IN TOURIST RELATED INDUSTRIES OCT 1991 AND PERCENT CHANGE YEAR AGO MONTH Types of Employment Oct Oct % Change 1990(R) 1991(P) Year Ago Eating & Drinking Places 24800 25400 2.4 Hotels & Lodging Places 8600 9100 5.8 General Merchandise Stores 8300 8700 4.8 Food Stores 13600 13900 2.2 Apparel & Accessory Stores 5700 6100 7.0 Personal Services 4900 4900 0.0 TOURISM RELATED TOTAL 65900 68100 3.3 Source: Flor~da Department of Labor and Employment Secur~ty. (R) Revised employment estimates using Benchmark data. ( P) Preliminary estimates based on survey of employers. TABLE 11 TAXABLE SALES IN TOURIST RELATED INDUSTRIES REPORTED OCT 1991 AND PERCENT CHANGE YEAR AGO MONTH MILLION OF DOLLARS Type of Oct Oct % % of Establishment 1990 1991 Change Total Eating Places $ 61,488 $ 59,990 - 2.4 56.1 Drinking Places 8,462 8,762 3.5 8.1 Hotels & Related 26,401 19,095 -27.7 17.9 Service Stations 5,121 6,162 20.3 5.8 Admissions & Related 10,496 12,907 23.0 12.1 TOURISM RELATED $111,968 $106,916 -4.5 100.0 MAJOR CATEGORIES General Merchandise $ 72,800 $ 92,666 27.3 13.7 Apparel Group 27,039 27,437 1.5 4.1 Construction 51,840 44,767 -13.6 6.6 Food Group 30,121 39,942 32.6 5.9 Auto Dealers 63,674 75,663 18.8 11. 2 Commercial Leases 58,149 61,854 6.4 9.2 Other $326,704 $225,653 -30.9 33.4 TOURISM RELATED $111,968 $106,916 -4.5 15.8 ALL TAXABLE SALES $642,294 $674,898 5.1 100.0 Source: Flor~da Department of Revenue 10 . - OCCUPIED ROOM NIGHTS PER HOTEL PARTY FISCAL YEARS 1986-1991 MONTH 1986 1987 1988 1989 1990 1991 OCT 4.88 4.47 8.03 6.52 6.06 6.30 NOV 5.12 5.92 6.20 4.81 4.59 6.12 DEC 7.68 6.91 8.37 4.84 5.39 6.63 QUARTER 5.89 5.77 7.53 5.39 5.35 6.35 JAN 8.34 7.65 7.52 8.85 8.24 8.85 FEB 4.99 8.24 8.52 6.23 7.84 8.06 MAR 7.07 6.94 6.56 7.56 7.02 7.00 QUARTER 5.35 7.61 7.53 7.55 7.70 7.97 APR 6.24 4.36 10.65 6.00 8.70 7.28 MAY 7.98 5.71 5.46 6.16 7.28 5.98 JUN 7.49 7.66 6.00 6.02 5.28 5.28 QUARTER 7.24 5.91 7.37 6.06 7.09 6.18 JUL 5.76 6.72 5.62 6.29 5.11 6.80 AUG 6.67 5.79 4.62 4.93 5.20 4.94 SEP 5.28 7.69 6.19 5.10 4.68 5.28 QUARTER 5.90 6.73 5.48 5.44 5.00 5.67 FISCAL YEAR 6.09 6.51 6.98 6.11 6.29 6.54 Source: Regional Research Associates. .,