10-08-91 Regular
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Agenda .
Meeting of 10/8/91
APPELLATE PROCEDURES
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 proceed-
ings, 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.
AGENDA
NOTE: Prior to commencement of the meeting, the oath of office will be
administered to incoming Police Chief Richard G. Overman.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of: None
6. Proclamations:
A. Alzheimer Disease Month - November 1991.
7. Presentations:
A. Resolution No. 78-91: A Resolution recognizing the accom-
plishments of Richard M. Lincoln as Interim Police Chief.
8. Consent Agenda:
A. EXTENSION OF DOWNTOWN DEVELOPMENT AUTHORITY EXPANSION
ELECTION: Add the DDA's request to extend the deadline for
holding a referendum election to consider expanding the DDA's
boundaries from June 1992 to June 1993 to the Commission's 1992
legislative package.
B. SERVICE AUTHORIZATION NO. 2/ECKLER ENGINEERING: Approve
Service Authorization No. 2 in the amount of $6,985.60 for the
inspection, evaluation and preparation of a report for rehabilita-
tion options and procedures for the rehabilitation of Pump
Stations 9, 19A, 20A, 23 and 32. Funding is available in (Account
No. 442-5178-536-61. 83) .
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Agenda
Meeting of 10/8/91
C. SERVICE AUTHORIZATION NO. 8/CH2M HILL: Approve Service
Authorization No. 8 in an amount (per diem) not to exceed
$75,309.00 for the rehabilitation of the City's 20 Series
Wellfield, selected Eastern Wellfield wells, and selected Golf
Course wells. Funding is available in (Account No.
447-5171-536-33.11) and (Account No. 442-5178-536-61.82) .
D. SERVICE AUTHORIZATION NO. 17A/POST, BUCKLEY SCHUH & JERNIGAN:
Approve Service Authorization No. 17A in the amount of $17,410.00
for additional professional engineering services for improvements
to the existing North Water Storage Tank and Pump Station located
at 200 N.W. 1st Street. Funding is available in (Account No.
442-5178-536-64.l1) .
E. AGREEMENT WITH THE UNITED STATES MARSHALS SERVICE: Approve
agreements with the united States Marshal Service and Florida
Atlantic University for the use of the City's shooting range
facilities.
F. AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF NATURAL
RESOURCES: Approve the amendment to the agreement with the
Florida Department of Natural Resources for reimbursement of a
portion of the cost of the Beach Nourishment project.
G. WAIVER OF STAGE RENTAL FEE: Waive the state rental fee for
the West Atlantic Avenue Property Owners Association's "Old
Fashion Family Picnic" to be held at Pompey Park on Saturday,
November 2, 1991.
H. RESOLUTION NO. 75-91: A Resolution assessing costs for
abating nuisances on 40 properties located within the City.
1. RESOLUTION NO. 76-91: A Resolution assessing costs for
abatement action required to demolish an unsafe structure on a
vacant lot on N.W. 5th Avenue.
J. RESOLUTION NO. 77-91: A Resolution abandoning a portion of
an alleyway in Block 28, Town of Linton, in conjunction with the
expansion of Mount Olive Missionary Baptist Church located on the
south side of N.W. 1st Street, between N.W. 4th Avenue and N.W.
5th Avenue.
K. FINAL PLAT: Approve the final plat for Mount Olive
Missionary Baptist Church located on the southwest corner of N.W.
4th Avenue and N.W. 1st Street.
L. CANCELLATION OF SERVICE AUTHORIZATION NO. 15/POST, BUCKLEY
SCHUH & JERNIGAN: Consider cancelling Service Authorization No.
15 with Post, Buckley Schuh & Jernigan for the design of the
Veterans Park Master Sewage Pump Station.
M. THIS ITEM DELETED.
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'Agenda
Meeting of 10/8/91
N. SERVICE AUTHORIZATION NO. 2/P.E.C.: Approve Service
Authorization No. 2 in the amount of $190,330.00 for professional
service to include preliminary and final design, bidding
assistance and construction phase assistance to demolish existing
Master Sewage Lift S~ation at Veterans Park and construct a new
submersible sewage pump station with complete odor abatement
equipment. Funding is available in (Account No.
447-5166-536-33.11)
o. AWARD OF BIDS AND CONTRACTS
1. Microfilming Services - Annual Contract - Leahy Micro-
filming, Inc. , in the amount of $12,580 with funding from
Microfilm Expenses (Account No. 001-2721-524-33.45 and
Account No. 001-2741-524-33.45)
2. Sodium Aluminate - Annual Contract - Vining Industries,
Inc. , in the amount of $199,767 with funding from Water and
Sewer Chemicals (Account No. 441-5122-536-35.18)
3. N.E. 8th Street/N.E. 3rd Avenue and Dixie Highway
Intersection Improvements - Florida Blacktop, Inc. , in the
amount of $173,552.50 with funding from Traffic Operation -
Account No. 334-3141-541-60.62 ($42,039.00) , Decade of
Excellence/Sidewalk N.E. 8th Street - Account No.
225-3162-541-61.46 ($37,668.80) , Pipeline Repl/Upgrade -
Account No. 447-5174-536-61.78 ($20,000.00) and Decade of
Excellence/Road Reconstruction - Account No.
225-3162-541-61.17 ($73,844.70)
9. te. au.. lIttl. fIa ___ .,
Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period September
24, 1991 through October 7, 1991.
B. REQUEST FOR EXTENSION OF SITE PLAN APPROVAL: Consider a
request from the owner of the Delray Bay Apartments for extension
of site plan approval.
C. APPEAL OF PLANNING AND ZONING BOARD DECISION: Consider a
request for appeal of a Planning and Zoning Board decision denying
a preliminary plat request to subdivide Block 1, Lots 1 and 2,
Swinton Oaks (Griffin Gate), into six individual lots.
D. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board actions with regard to
the Sundy House and Sundy Apartments Composite Site Plan.
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Agenda
Meeting of 10/8/91
E. REQUEST FOR VARIANCE: Consider a request for a variance to
allow a dock to remain as built, without the construction of
sewage pump out, at 710 S.E. 8th Court. City Engineer recommends
approval.
F. RESOLUTION NO. 79-91: A Resolution requesting the transfer
of jurisdictional powers from Palm Beach County to the City for
that right-of-way of Dixie Highway which extends from N.E. 8th
Street to Gulfstream Boulevard.
G. LAKE IDA ROAD WIDENING: Consider a proposal from He1ler-
Weaver and Cato for the design of the proposed widening project
for Lake Ida Road from N.E. 2nd Avenue and Swinton Avenue.
H. APPROVAL OF CONTRACT WITH MICHAEL B. SCHORAH AND ASSOCIATES:
Consider approval of the contract for general and civil engineer-
ing services with Michael B. Schorah and Associates, Inc., and
Service Authorization No. 1 in the amount of $17,460 with funding
from 1987 Utility Tax/Cemetery Entrance Road (Account No.
333-4511-539-61.39) .
I. AGREEMENT FOR ARCHITECTURAL SERVICES/SERVICE AUTHORIZATION NO.
1: Approve an agreement for architectural services with David
Miller and Associates and approve Service Authorization No. 1 in
the amount of $3,500.00 for consulting services to design a press
box at Pompey Park.
J. REQUEST TO USE POMPEY PARK/AMATEUR BOXING PROGRAM: Consider
a request to use Pompey Park, on a limited basis, for the amateur
boxing program.
K. APPOINTMENT OF A MEMBER TO THE EDUCATION BOARD: Appoint a
member to fill the unexpired term of Beth Mulholland. Seat 2
appointment.
L. CANCEL A PORTION OF A BID AND REAWARD TO THE RESPONSIVE LOW
BIDDER/CHEMICALS AND FERTILIZERS: Cancel Items 2, 3, 6 & 7 on the
annual bid for chemicals and fertilizers as awarded to Colonial
Products and award the bid for Items 2, 3, 6 & 7 to Howard
Fertilizer in the amount of $24,396.70. ~
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10. Public Hearings:
A. ORDINANCE NO. 74-91: An ordinance adopting a portion of
Comprehensive Plan 91-1 by amending the Future Land Use Map from
General Commercial to Transitional for a parcel of land lying and
being on the southeast corner of Linton Boulevard and South
Federal Highway, known as Amendment #2, Old Harbor Office Center.
B. ORDINANCE NO. 68-91: An ordinance adopting Comprehensive
Plan Amendment 91-1. Planning and Zoning Board recommends
approval.
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Agenda
Meeting of 10/8/91
C. RESOLUTION NO. 70-91: A resolution to levy a tax on all
properties within the City of Delray Beach. City Manager
recommends approval.
D. RESOLUTION NO. 71-91: A resolution making appropriations of
sums of money for all necessary expenditures of the City from
October 1, 1991 to September 30, 1992. City Manager recommends
approval.
1. STAFF REPORT RE: BUDGET COMPLIANCE WITH COMPREHENSIVE
PLAN/CAPITAL IMPROVEMENT ELEMENT:
2. RESOLUTION NO. 80-91: A resolution to levy a tax on all
properties within the Downtown Development Authority
taxing district of the City of Delray Beach. City
Manager recommends approval.
E. ORDINANCE NO. 69-91: An ordinance rezoning property located
on the east side of 1-95 between Audubon Boulevard, if extended
west and the C-15 Canal, known as the 1-95 Conservation Parcel
from RR (Rural Residential) zoning district to OS (Open Space)
zoning district. Planning and Zoning Board recommends approval.
F. ORDINANCE NO. 70-91: An ordinance rezoning property located
on the east side of N.E. 8th Avenue, approximately 150 feet north
of N.E. 8th Street, known as the Gwynn property, from RM (Medium
Density Residential) zoning district to RO (Residential Office)
zoning district. The Planning and Zoning Board recommends denial.
G. ORDINANCE NO. 71-91: An ordinance rezoning property located
on the north side of Linton Boulevard, approximately 630 feet east
of Military Trail, between Shadywood Subdivision and Delray Town
Center Phase I from PC-S (Planned Commercial Specialized) zoning
district to PC (Planned Commercial) zoning district, in part, and
OS (Open Space) zoning district, in part. Planning and Zoning
Board recommends approval.
11. Comments and Inquiries on Non-Agenda items from the Public -
Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
.12. First Readings:
A. ORDINANCE NO. 54-91: An ordinance amending the code of
Ordinances to permit multi-tenant establishments as a conditional
use in the GC (General Commercial), CBD (Central Business
District) and ft!'~" ,
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Agenda
Meeting of 10/8/91
B. ORDINANCE NO. 72-91: An ordinartce amending the Five Year
Schedule of Capital Improvements, Table IV-3 of the Comprehensive
Plan. Planning and Zoning Director recommends approval. If
passed public hearing October 29th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. Municipal and County Issues
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 8, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 1
THE CONSENT PORTION OF THE AGENDA IS AMENDED TO INCLUDE:
80.4. Activated carbon control unit for Veteran's Park Pumping
Station- Pump and Equipment Co. , Inc. (Second Low Bidder) in the
amount of $12,280 with funding from Water and Sewer Lift Station
Maintenance Chemical (441-5144-536-35.18). Account balance $236,830.
THE FIRST READING PORTION OF THE AGENDA IS AMENDED TO CORRECT:
12A. ORDINANCE NO. 54-91 : An ordinance amending the Code of
Ordinances to permit multi-tenant establishments as a conditional use
in the GC (General Commercial), PC (Planned Commercial) and CBD
(Central Business District) zone districts. If passed public hearing
October 29th.
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 8, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 2 .-
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
M. MORlKAMI PARK WELLFIELD: Authorize Jim Vance to negotiate an
agreement with the County for rights to develop a we llf i e 1 d at
Morikami Park.
N. PARK DEVELOPMENT AGREEMENT/WILLIAM SWAIM AND ASSOCIATES. INC.: ~~\"J-<I."
Consider an agreement with Will i am Swaim and Associates, Inc. for p.,
development of the preserve property located at Bond Way and Pa 1:n .;~>;
Trail. .
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CITY OF DELRAY BEREN
.N
FRfjlL lljjfJ\
WHEREAS, more than four million people in the United
States are affected by Alzheimer's disease, a degenerative, pro-
gressive disease that attacks the brain and results in impaired
memory, thinking and behavior: and,
WHEREAS, Alzheimer's disease is the most common form of
dementing illness, taking more than 100,000 lives in the U.S.
annually, making it the fourth leading cause of death among older
adults: and,
WHEREAS, unless a cure or means of prevention is found
for Alzheimer's disease, an estimated 12 to.~4 million Americans
will be affected by the year 2040: and,
WHEREAS, in one-third of all American families, one
parent will succumb to this disease: and,
WHEREAS, Alzheimer's disease costs the United States
more than $80 billion dollars annually: and,
WHEREAS, an increase in public awareness about
Alzheimer's disease and the Alzheimer's Association may stimulate
the interest and concern of the American people, which may lead in
turn, to increased research and eventually to the discovery of a
cure for Alzheimer's disease: and,
WHEREAS, the Congress has resolved and the President of
the United States has proclaimed the month of November to be
National Alzheimer's Disease Month so as to increase the public's
awareness of Alzheimer's disease, and to support the research and
services being conducted by voluntary organizations such as the
Alzheimer's Association,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim November, 1991 as
"ALZHEIMER'S DISEASE MONTH"
in the City of Delray Beach and encourage the citizens to observe
this month with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 8th day of October, 1991.
MAYOR
THOMAS E. LYNCH
SEAL
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RESOLUTION NO. 78-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING THE ACCOMPLISHMENTS OF
RICHARD M. "RICK" LINCOLN AS INTERIM CHIEF OF POLICE.
WHEREAS, Richard M. "Rick" Lincoln, has served the City" of
Delray Beach as Interim Chief of Police for the past eleven (11 ) months
and is relinquishing this position on October 6, 1991; and,
WHEREAS, Interim Police Chief Lincoln has been a loyal employee
for approximately eighteen (18) years, being hired as a" Patrolman on
November 27, 1973; and,
WHEREAS, Interim Police Chief Lincoln was promoted on a regular
basis until he reached his present title of Major i~ April, 1987; and,
WHEREAS, in January of 1991 , Interim Police Chief Lincoln
initiated the "Community Police", which consisted' of placing Police
Officers on foot patrol and bike patrol in the northwest section of the
City; and,
WHEREAS, Interim Police Chief Lincoln was instrumental in
hiring the first Haitian Police Officer in the City of Delray Beach,
which served to enhance communication between the Haitian community and
the Police Department; and,
WHEREAS, the City Commission and the residents of the City of
Delray Beach wish to commend Interim Police Chief Lincoln for his
continued dedication and perseverance in guiding the staff and all
employees of the Police Department during this interim period prior to
hiring a permanent Chief of Police,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, does hereby recognize the accomplishments of Richard M.
"Rick" Lincoln as Interim Chief of Police.
Section 2. That the members of the City Commission do hereby
express their gratitude and thanks, on behalf of the residents of the
City of Delray Beach for a job well done.
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991.
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I\
SUBJECT: AGENDA ITEM tJ gll - MEETING OF OCTOBER 8, 1991
EXTENSION OF DOWNTOWN DEVELOPMENT AUTHORITY EXPANSION
ELECTION
DATE: October 4, 1991
We have received a request from the Downtown Development Authority
(DDA) to include, in the Commission's legislative package for 1992, a
request which would extend the DDA's deadline to hold a referendum
election to consider the expansion of the DDA's boundaries for one
year, until June 1993.
After meeting with the City's lobbyist, Kathleen Daley, and discussing
possible election dates, the DDA Board did not feel that there was
sufficient time to mount an educational campaign for a fall election.
Additionally, the DDA does not want the expansion question on the
ballot for the upcoming City referendum in March 1992 becRuse of the
confusion which could result.
Recommend approval of the request from the DDA to add their request to
extend the deadline to hold a referendum election to June 1993.
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DOWNTOWN DEVELOPMENT AUTHORITY
City Of Ddray Beach. FlcA-iJa
DDA MEMO 4.(;
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SEo / .II. ....
Mayor Tom Lynch and Commission Members ' 3 "If,,_ ..... \
effy 0,99"-
FROM: Frank R. Spence, Executive Director 4?4/v4." 1
&t: IrS
Of;,;".
DATE: September 30, 1991 ."~1..
SUBJECT: Ex~ension of DDA Expansion Elec~ion
The DDA hereby requests the City Commission to include
in its 1992 legislative package to our legislative
delegation a request that the deadline for holding a
referendum to consider expanding the DDA's District
boundaries be extended for one (1) year, from June 1992
to June 1993.
After meeting with City lobbyist Kathleen Daley, and
discussing possible election dates, the DDA Board decided
that there was not sufficient time to mount an
educational campaign for a fall election, which would
have to be a Special Election since there are no
elections scheduled in the County. The DDA also does not
want the expansion question to be on the City election
ballot in March 1992 because of the confusion it would
cause since the City election is City-wide, but only a
limited number of people within the proposed expanded DDA
District could vote on its question.
The DDA also wants additional time to accomplish some of
its projects and goals, not the least of which is to
organize a property owners association to promote self-
help improvements of properties within the DDA District
since our funds are limited. We believe that by having
the option of an additional year to hold the referendum,
it will improve the chances for the approval.
Chairman Sal Matteis and I are available to discuss this
matter further with you.
cc: City Manager David Harden
City Attorney Jeff Kurtz
City Lobbyist Kathleen Daley
64 S.E. Fifth A venue, Delray Beach, FloriJa 33483 · 407-276-8640
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tr11
SUBJECT: AGENDA ITEM # .,., - MEETING OF OCTOBER 8. 1991
SERVICE AUTHORIZATION NO. ~ECKLER ENGINEERING
DATE: October 4, 1991
This is a Service Authorization in the amount of $6,985.60 to the
contract with Eckler Engineering for the inspection, evaluation, and
preparation of a preliminary design report for the rehabilitation of
Pump Stations 9, 19A, 20A, 23 and 32.
This authorization is necessary to identify, correct and replace worn
out equipment and structures.
Recommend approval of Service Authorization No. 2 in the amount of
$6,985.60 with funding from Water and Sewer Capital Outlay/Lift
Station Conversion to Submersible (Account No. 442-5178-536-61. 83).
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Agenda I tem No.:
AGENDA REQUEST
Date: September 30, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: October 8, 1991
Description of agenda item (who, what, where, how much): Request City
Commission to approve Service Authorization No. 2 for Eckler Engineering to inspect,
evaluate and prepare a report for rehabilitation options and procedures for Pump Stations
9. 19A. 20A. 23 and 32. Cost $6.985.60 - Pro;ect No. 91-102. Funding source
will he 442-5178-536-61.83.
ORDINANCE/ RESOLUTION REQUIRED: 'KEXi/NO Draft Attached: ma/NO
Recommendation: Staff recommends approval of Service Authorization No. 2 for
Eckler Engineering in the amount of $6.985.60 to inspect, evaluate and prepare a
... report for rehabilitation options and procedures for Pump Stations 9. 19A. 20A. 23
:'lnrl 1?
Department Head Signature: tf)t//J ~~. ~/J pi",., 41
f I
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable):
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Budget bl.f'~ctbr Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: _ (i~apPliCable)
Account No. & Description: ~1~~~ ~hlrot\:\~
Account Balance: 1; d.;;;,) ~/u::fJ
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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ECKLER ENGINEERING
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: September 19, 1991
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 442-5178-536-61.83
PROJECT NO.: 91-102 CITY 215.BO ECKLER ENGINEERING
TITLE: Design Report for Pump Stations 9. 19A, 20A 23 and 32
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated . between the City of Delray
Beach and Eckler Engineering. ,
1. PROJECT DESCRIPTION
The City of Delray Beach has several pump stations which need to be rehabilitated.
These pump stations are numbers 9, 19A, 20A, 23 and 32. There are various
options available for the repair of each of these stations and it is necessary to
prepare a preliminary design report on each station to determine exac~ly how the
station will be rehabilitated prior to beginning ,of final design. Some of these
stations may be able to be eliminated, some will need new pumps and controls, some
may need stnlc.tural rcl1abilitation or may need to be replaced entirely. This
ptellinillary design report will recommend the method of rebabilitation for each
pump station.
II. SCOPE OF SERVICES
The CONSULTANT shall prepare a description of the existing condition of each
pump station, the pUmpil!l: cap;tcity and current and proposed flow rates. The
discharge requirements fo. each pump station will, also be determined. Elevations
will be taken at each pm, p station for design considerations in rehabilitating the
pump station or for elimlllitling Lhe pump station. Necessary surveying will be
performed to determine the;)catiqn of the easements in which these pump stations
are located. The City sballl;rovi ;~. quit claim deeds for each of these easements.
Upon collection and review 01 Lhe sUlvey information, field investigation and flow
data, the ENGINEER shall pr. ,Jar;; preliminary cost estimates for potential methods
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of rehabilitation and make a recommendation for rehabilitation based upon the
available data. The ENGINEER shall be able to move directly into design and
prepare construction documents based upon the recommendations contained in this
report.
The ENGINEER shall provide five (5) copies of the design report and review this
document with CITY staff. Five (5) copies of the final design report shall be
provided based upon corrections made during the design review meeting.
III. BUDGET
This proposal is made in accordance with Section 7 - COMPENSATION, Paragraph
A, Method 2 - time charges not to exceed budgeted amount, page 17 of the
AGREEMENT.
Task Description Title Hours Rate Amount Total
Administration Principal ' 8 $ 30.00 $ 240.00
I Secretary 2 $ 9.65 $ 19.30 I
,
Field Principal 8 $ 30.00 $ 240.00
Investiga tion Engineer 1 8 $ 15.00 $ 120.00
Data Collection Engineer 1 8 $ 15.00 $ 120.00
Data Review Principal 1 $ 30.00 $ 30.00
Engineer 1 10 $ 15.00 $ 150.00 I,
Cost Estimates Engineer 1 6 $ 15.00 $ 90.00
Pillal Report Principal 3 $ 30.00 $ 90.00
Engineer 1 12 $ 15.00 $ 180.00
Technician 4 4 $ 27.00 $ 108.00
Secretary 6 $ 9.65 $ 57.90
Report Principal 4 $ 30.00 . $ 120.00
Presentation Engineer 1 4 $ 15.00 $ 60.00
Subtotal $1,625.20
Labor x 3 $1,625.20 x 3 $4,875.60
SUBCONTRACI'
Smveying l( $ 75.00 $1,200.00
Easement Research 4 $ 50.00 $ 200.00
Title Search 4 $100.00 $ 400.00
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Task Description Title Hours Rate Amount Total
Subtotal $1,800.00
Subcontract x 1.10 $1,800.00 x 1.10 $1,980.00 '
EXPENSES
Telephone $ 20.00
Postage $ 5.00
Mileage 250 x $.26 $ 65.00
Photocopy /Blu eprin ts $ 40.00
Subtotal $ 130.00 $ 130.00
PROJECf TOTAL $6,985.60
IV. COMPLETION DATE
\
The design report shall be completed within 45 days of the receipt of this signed .
Service Authorization. The final design report shall be presented to the CITY 14
days after the design review meeting.
This Service Authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous Service Authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or Service Authorization, the
CITY may terminate the contract without incurring any further liability.: The
CONSULTANT may not commence work on any Service Authorization approved by the
CITY to be included as part of the Contract without a further notice. to proceed.
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Approved by:
CITY OF DELRA Y BEACH: ECKLER ENGINEERING:
Date Date 9/tq!q/
D~A.~
Signature . Donald A. Eckler, Owner
Print Name ~~
Witness
w~~ {~~
Title
Attest: BEFORE:ME, the forego .
this I ~ day of .[~
1991, was aclmowledged by
on behalf of the Corporation and said
Approved as to Legal Sufficiency person executed the same free and
and Form voluntarily for the purpose there-in.
expressed.
.
, Witness my hand and seal in the County
at State aforesaid this L q day of
~ llah') . 1991.
~dC() ('J~
Notary Public
State of Florida
.,
My Commission Expires:
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NOTARY PUBLIC STArt OF FLORIDA ...
m COHMISSION EXP. MAY 1. 1993
DONOED THRU GEIlERAl I NS. UNO.
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: 1991
AGENDA ITEM # It - MEETING OF OCTOBER 8,
SERVICE AUTHORIZATION NO.__UgH2M HILI,
DATE: October 4, 1991
This is a service authorization in an amoun t (per diem) not to exceed
$75,309, to the contract with CH2M Hill for the redevelopment and
rehabilitation of the City's wellfields and installation of two early
warning monitoring wells.
This authorization is necessary in order to increase the City's potable
water production capabilities, as recommended in the Water Supply
Master Plan.
Recommend approval of Service Authorization No. 8 in an amount (per
diem) not to exceed $75,309 with funding from 1991 Water and Sewer
Revenue Bond Issue Contractual/Engineering Services (Account No.
447-5171-536-33.11) and Water and Sewer Renewal and Replacement Well
Rehabilitation (Account No. 442-5178-536-61.82).
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: October 3, 1991
XX CONSENT
- ~~~x~~a ____Special Agenda _Workshop Agenda
When: October 8, 1991
Description of agenda item (who, what, where, how much)_
Request City Commission to approve CH2M Hill Service Authorization No.8" Well Field
Redevelopment and Rehabilitation and Monitor Well Installation." Compensation will be
per diem not to exceed $75,309. Funding shall befrom 447-5171-536-33.11 and
442-5178-536-61.82.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Service Authorization No.8 to
increase water production capabilities. As recommended in the "Draft - Water Supply
Master Plan, dated March, 1991, prepared by CH2M Hill". ~
Department Head Signature: /j);~~~"/'/'tl
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 1 OF 12
SERVICE AUTHORIZATION TO THE AGREEMENT TO FURNISH
PROFESSIONAL SERVICES DATED JULY 11, 1990, BE1WEEN THE CITY OF
DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE: WELL FIELD REDEVELOPMENT AND REHABILITATION AND
MONITOR WELL INSTALLATION
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. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
This SERVICE AUTHORIZATION for Well Field Redevelopment and
Rehabilitation is in response to recommendations made in the Water Supply Master
Plan prepared for the City of Delray Beach (CITY). The scope of services include a
kickoff meeting with the CITY, Geraghty and Miller, Inc. (G&M), and CH2M HILL
(CONSULTANT), conducting specific capacity tests on the Golf Course Well Field,
preparing testing and technical specifications for the redevelopment and rehabilitation
of selected CITY production wells and the installation of in-line tlowmeters, services
during bidding and construction, and a final well redevelopment and rehabilitation
completion report. All phases of the work will be coordinated with personnel from
the CITY and G&M, Inc.
This SERVICE AUTHORIZATION also covers the installation, sampling, and
analysis of two production-zone monitor wells located between the CITY's 20-Series
and Golf Course well fields. The purpose of these wells is to provide and
early-warning for the potential migration of contamination within the 20-Series well
field area (originating from the Aero Dri property) towards the Golf Course well
fie ld.
dbm0l2j021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 2 OF 12
The following scope of services outline the steps necessary to complete the
redevelopment and rehabilitation of the CITY's well fields, install two early-warning
monitor wells, and install flowmeters on selected CITY production wells.
T. SERVICES TO BE PROVIDED BY THE CONSULTANT
A. DESCRIPTION OF WORK TASKS
CONSULTANT will provide specific services to the CITY in
accordance with the following Task descriptions.
Task 1 - Kickoff Meeting "
The CONSULTANT will chair a kick off meeting with the CITY and
G&M to discuss and finalize testing procedures and rehabilitation of the
City's well field wells. Criteria will be established for qualifying
contractors during the contract documents bidding process.
Task 2 - Specific Capacity Testing of the Golf Course Well Field
The CONSULTANT will reconfirm the specific capacities of the Golf
Course Well Field wells to determine if they should be included in the
well field redevelopment and rehabilitation program. The tests will be
performed using the existing tlowmeters and Clay valves. Flow rates
will be adjusted with the Clay valves so that they match, as closely as
possible, the flow rates recorded by G&M, Inc. This is in response to
G&M's letter to the CITY dated July 8, 1991, that provided additional
information on past specific capacities recorded at the Golf Course well
field.
Task 3 - Preparation of Contract Documents and Services During
Bidding
The CONSULTANT will prepare contract documents and technical
specifications suitable for bidding, for the testing, redevelopment, and
rehabilitation of the City's 20-Series Well Field, selected Eastern Well
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 3 OF 12
Field wells, and selected Golf Course wells, if deemed necessary in
Task 2.
As part of the technical specification preparation for the flowmeter
installation, the CONSULTANT will conduct a site visit with represen-
tatives of the CITY and from Water Resources Corporation, a firm spe-
cializing in flowmeters and pumps. During the site visit, the appropriate
flowmeter(s) for use with each of the CITY's 20-Series and selected
Eastern Well Field wells will be determined. Following the site visit,
the CONSULTANT will prepare a summary of the field visit including
the type of flowmeter selected for each well. ;
~
Based on the flowmeters selected, the CONSULTANT will include
these with the technical specifications of the completed Contract
Documents.
During the preparation of the technical specifications, the
CONSULTANT will utilize the services of G&M, Inc. to provide review
and comment. Upon completion of G&M's review, the CITY will be
provided up to six copies of the technical specifications for their review
and comment.
Also during the preparation of the technical specifications, the
CONSULTANT, in conjunction with G&M, Inc., will solicit interested
contractors to attend a pre-bid meeting to he held in the office of the
CONSULTANT, followed by a visit to each of the CITY's well fields.
The CONSULTANT will also include in the contract documents,
technical specifications to install two production zone (approximately
150 feet deep) monitor wells between the CITY's 20-Series and Golf
Course well fields. The purpose of the monitor wells is to provide and
early warning system in the event contamination originating from Aero
Dri, migrates from the 20-Series well field area towards the Golf Course
well field.
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 4 OF 12
The two monitor wells will be constructed of 2-inch-diameter PVC
casing, to a total depth of approximately 150 feet, with 10 to 20 feet of
slotted well screen. The wells will be constructed similarly to those
installed and sampled by CH2M HILL as part of the contamination
assessment efforts for the CITY during the Aero Dri litigation.
Upon completion of the technical specifications review by the CITY and
G&M, the CONSULT ANT will prepare a sufficient number of copies
of the final contract documents for subsequent bidding by the intersted
contractors. The CONSULTANT shall also provide services during bid-
ding, such as answering questions from the contractors, ,issuing addenda
to the contract documents, as necessary, attending the bid opening,
tabulating the bids of the responsive bidders, including an assessment of
their submitted qualifications, and finally making a recommendation for
contractor selection to the CITY. G&M, Inc. will be asked to
participate in the final contractor recommendation.
Task 4 - Services During Construction
Upon final contractor selection and execution of the contract documents
between the CITY and the selected contractor, the CONSULTANT will
schedule a preconstruction meeting with the selected contractor, the
CITY, and G&M. The purpose of the meeting is to layout the ground
rules of the subsequent weB field testing, redevelopment, rehabilitation,
production zone monitor well drilling, and flowmeter installation, and
discuss any outstanding questions the contractor may have.
The CONSULTANT will provide occasional resident observation
services during the testing, redevelopment, and rehabilitation of the
City's well fields and during the installation of the flowmeters. Full-time
resident obervation is assumed during the monitor well drilling. The
first well tested and redeveloped within each of the City's well fields will
be evaluated based on the performance of each of the proposed
rehabilitation techniques, and will provide a basis for subsequent
redevelopment and rehabilitation.
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 5 OF 12
The CONSULTANT will be present in the field during the following
proposed activities conducted by the contractor:
. During television survey operations, before and after the
rehabilitation work
. During all specific capacity testing of the individual wells,
before, during and after rehabilitation
. During the introduction of chemicals into the wells during
the rehabilitation process ,
.:
. During the performance of mechanical redevelopment
and rehabilitation processes
. During the installation of the two production zone
monitor wells
. During the installation of the selected f10wmeters
Other contractor activities such as motor, pump, and piping removal
and replacement shall be observed by CITY staff. Also, final disin-
fection and testing of the wells after they are returned to service shall
be observed by CITY staff.
G&M will provide technical support to the CONSULTANT during the
early phases of the rehabilitation when the proposed redevelopment
techniques are performed and evaluated. Technical support will include
review of the data and recommendations for enhancing the
redevelopment and rehabilitation processes.
Task 5 - Preparation of a Completion Report
The CONSULTANT shall prepare a brief well field redevelopment and
rehabilitation report that will outline the procedures used to successfully
redevelop the wells, results of the testing, frequency of subsequent
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 6 OF 12
specific capacity testing, criteria for determining when the CITY's wells
would require further redevelopment, and a proposed methodology for
the subsequent testing and redevelopment.
G&M, Inc. will provide review and comment on the final report prior to
final submission to the CITY. Six copies of a draft report will then be
delivered to the CITY for review and comment. Upon receipt of the
CITY's comments, six copies of the final report will be distributed to
the CITY.
Task 6 - Sample the Production Zone Monitor Wells "
.
Following complete installation of the two production zone monitor
wells, the CONSULTANT will sample them and have the samples
analyzed for the parameters detected in the 20-Series well field (Le.,
EPA Method 601 parameters). In addition, one of the monitor wells
used during the previous contamination assessment conducted by the
CITY, west of the 20-Series Well Field, and three of the Golf Course
well field wells (PW-28, PW-29, and PW-30) will be sampled and
analyzed for the same parameters. This will provide a baseline for
comparing with subsequent analyses results. A final summary report
will be submitted to the CITY for thier file.
To simplify subsequent sampling and analysis of these wells, we suggest
combining this sampling effort with the proposed sampling and analysis
of the recently installed and sampled well field protection compliance
wells. The next proposed sampling and analysis would be January 1992,
followed by semi-annual monitoring thereafter.
B. ASSUMPTIONS
The work described herein is based upon the assumptions listed below.
Should conditions differ from those assumed in a manner that will affect
schedule or scope of work, the CONSULTANT will advise the CITY in
writing of the magnitude of the required adjustments. Changes in
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 7 OF 12
completion schedule or compensation to the CONSULTANT will be
negotiated with the CITY.
1. During the specific capacity testing of the Golf Course well field,
the CITY will assist the CONSULTANT in conducting the tests
and G&M will assist in interpreting the data.
2. The total number of wells assumed to be rehabilitated is 14 (i.e.,
four in the 20-Series, up to eight in the Eastern, and up to two in
the Golf Course well fields). If additional wells from these well
fields appear to require redevelopment, a change in scope of ser-
vices and associated costs will be discussed and renegotiated with
the CITY.
3. The time required to complete rehabilitation of one well is 4 to
5 days. The time estimated for resident observation assumes that
more than one well can be placed out of service, and therefore
rehabilitation work on the wells can be overlapped.
4. The time for resident observation assumes that the work on the
14 wells, including tlowmeter installation, can be completed
within 16 weeks, and that the CONSULTANT's participation is
required approximately 40 percent of the time or approximately
16 hours per week. Full time resident observation is assumed
during the drilling of the two production zone monitor wells,
which is assumed to take approximately one week.
5. Locations for monitor well drilling is assumed to occur within
CITY right-of-ways, and no additional permitting is required.
Permitting costs associated with well drilling will be born by the
contractor. If CITY right-of-ways are not available, then
additional costs associated with gaining property access will be
born by the CITY.
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 8 OF 12
6. It is assumed that G&M's professional consulting services will be
subcontracted by the CONSULTANT and will include the
following:
a. G&M will attend and provide input during the kickoff
meeting (Task 1)
b. G&M will assist in the review of the technical
specifications (Task 2)
c. G&M will assist in pre-qualifying bidders and final
contractor selection (Task 2) '\
d. G&M will attend and assist during the pre-bid and
preconstruct ion meeting (Task 3)
e. G&M will assist during testing and redevelopment phases
of the project (Task 4)
f. G&M will provide a review of the final completion report
(Task 5).
7. The number of wells requiring tlowmeters is estimated at 15
based on 6 in the 20-Series well field and 9 in the Eastern well
field. If the CITY requests additional tlowmeters for other wells,
a change in scope and associated costs will be negotiated with
the CITY.
C. MEETINGS
The proposed meetings to he held between the CONSULTANT, G&M,
the contractors, and the CITY, have been identified in the respective
Tasks above. Up to two additional meetings with respect to the testing
and redevelopment work described herein will be attended by the
CONSULTANT and G&M at the request of the CITY.
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 9 OF 12
D. DELIVERABLES
The following is a list of anticipated deliverables prepared by the
CONSULTANT to be submitted to the CITY.
Deliverable No. Copies
Meeting minutes from kickoff meeting 4
Results of the Golf Course
Specific Capacity Testing 4
\
Contract Documents and
Technical Specifications - Draft 4
(Includes contractor cost estimate)
Contract Documents and
Technical Specifications - Final 6
Meeting minutes from pre-bid meeting 4
Bid evaluation and recommendation for contractor
Selection 4
Meeting minutes from preconstruction meeting 4
Well Field Rehabilitation
Completion Report 6
Results of Monitor Well Drilling,
Sampling, and Analyses 6
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 10 OF 12
II. COMPENSATION TO THE CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated as follows:
Well Field Rehabilitation and Monitor Well Installation
Task No. Labor Expenses Total
Task 1 - Kick Off Meeting3 $ 1,646 $ 915 $ 2,561
Task 2 - Specific Capacity Testing of the Golf 1,553 ~83 2,536
Course Well Field3
Task 3 - Preparation of Contract Documents 14,495 5,413 19,908
and Services During Bidding3
Task 4 - Services During Construction3 23,260 5,852 29,112
Task 5 - Preparation of Completion Report3 4,175 1,426 5,601
Task 6 - Sample Monitor Wellsb 1,345 1,002 2,346
TOT ALS $46,473 $15,591 $62,064
a Expense costs include subcontracted professional services of G&M. See
attachment A for detailed breakdown of costs.
b Expense costs include laboratory analyses for monitor well and production well
samples (EP A Method 601)
Compensation for services shall be in accordance with Article VII.A.2 of the
AGREEMENT. Exhibit A attached presents a breakdown of the labor and expense
charges per the Agreement. Exhibit B from the AGREEMENT is attached and
provides a hourly cost schedule for professional, technical, and office support staff.
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 11 OF 12
III. PROJECT SCHEDULE
The CONSULTANT agrees to perform the services described herein within the
following time periods unless otherwise extended in writing by the CITY. Time as
stated herein refers to weeks from the date of execution of the SERVICE
AUTHORIZATION.
Well Field Rehabilitation and Monitor Well Installation
Time of
~ompletiona
Task No. (Weeks)
Task 1 - Kick Off Meeting 1
Task 2 - Specific Capacity Testing of the Golf Course Well Field 3
Task 3 - Preparation of Contract Documents and Services 12
During Bidding
28
Task 4 - Services During Construction
30
Task 5 - Preparation of Completion Report
Task 6 - Sample Monitor Wells 24
a Time of completion in weeks is based upon the CONSULTANT receiving a
written fully executed SERVICE AUTHORIZATION.
dbm012/021.51
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CH2M HILL
SERVICE AUTHORIZATION 8
DATE: September 26, 1991
PAGE 12 OF 12
Task 1 will begin upon the CONSULTANT's receipt of a written fully executed
SER VICE AUTHORIZATION.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUT
_ day of ,19_
CITY OF DELRA Y BEACH, a ,
Municipal Corporation of ,
t
the State of Florida A TrEST:
.
By: BEFO E ME, e foregoing instrument,
Mayor this _ day of ,19_, was acknowledged by Gregory T.
McIntyre, Vice President and Regional
ATTEST: Manager, a duly authorized officer of
CH2M HILL SOUTHEAST, INC., on
behalf of the Corporation and said
By: person executed the same freely and
City Clerk voluntarily for the purpose therein
expressed.
APPROVED AS TO FORM:
By: WITNESS my hand and seal in the
City Attorney countlJnd State aforesaid this ~ day
of ~ tv , 19!JL.
Notary Public
State of Florida
My Commission Expires: Notary Public. Stat. of Florida
My Commission Expires June 29, 1995
eondou In'. 1101 foin 'In..'on..ln~
(Seal)
dbm012/021.51
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ATTACHMENT TO
CH2M HILL SERVICE AUTHORIZATION NO. 8
FOR THE CITY OF DELRAY BEACH
PRODUCTION WELLS TO BE REHABILITATED
20-SERIES WELL FIELD
(4 WELLS)
PW-21, PW-23, PW-25, PW-26
EASTERN WELL FIELD
(UP TO 9 WELLS)
PW-3, PW-5, PW-9, PW-16
(PLUS UP TO AN ADDITIONAL 5 WELLS AS DETERMINED FROM THE FIELD
TESTING)
GOLF COURSE WELL FIELD
(UP TO 2 WELLS) ,
.
I
(WELLS WILL BE REHABILITATED BASED ON THE FIELD TESTING)
PRODUCTION WELLS TO HAVE FLOWMETERS INSTALLED
20-SERIEB WELL FIELD
(ALL 6 WELLS)
PW-21, PW-22, PW-23, PW-24, PW-25, PW-26
EASTERN WELL FIELD
(UP TO 9 WELLS BASED ON THE RESULTS OF THE WELL FIELD TESTING)
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Exhibit B
Hourly Hourly Raw
Raw Salary SaJary Rate
RaICS TlmcI 3.00
Employee Category MuldpUer
ProfelStoll.lls-Engillccn. ArdUteCIS, PlanneB. Economists, SdcnUscs.
HydrolopU. HydropologislS, Oeolopsll
1. Projea ProfelSloaall (Junior Engineer) $18.73 $ S6.2S
2. Projea ProfelSioaal n (EagiMor) 21.53 64.65
3. Senior Projea Profeaioaal (SeDior EngiMor) 25.00 75.00
4. Projea MaaaICfJSeaior Projea ProfelSloaal 28.10 84.30
3. Senior Projea MaaalCftreduUcal ConsDlWlt 32.60 97.80
6. Prozram, Depanmeat, or DlvisioD MaaagertrcchDic:al ConsullaDt 33.30 99.90
7. SeDior Maaapr/SCDior CoDlDllaDt 33.30 99.90
8. Vice PresldafiScDior ConsDlWlI 33.30 99.90
TcdmidaDS-Draften, Graphic AnJslS, Computer, Surveyors,
Canopapllcrs, CoDlU1laiOD lDspccaors
O. TccbDica1 Aide 11.20 33.60
1. JUDior T.....h.,iI't.n \ 12.75 38.2.5
2. T~Dlc:iaa. (Drafter) 14.55 43.65
3. Certified TP.clt"i~llI (Desiper) 1733 52-OS
4. Senior T~"jciID 18.95 56.85
5. I..eId T~ak:ilD/Sllpcrvisor 22.90 68.70
omcc SUDoon 11.50 34.50
-
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dbpOI9.031.51 .
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM # rb - MEETING OF OCTOBER 8, 1991
SERVICE AUTHORIZATION NO. 17A/POST, BUCKLEY, SCHUH &
JERNIGAN
DATE: OCTOBER 3, 1991
This is a service authorization in the amount of $17,410 to the
contract with Post, Buckley, Schuh & Jernigan for additional
professional engineering services necessary to make improvements
to the existing North Water Storage Tank and Pump Station located
at 200 N.W. 1st Avenue.
This authorization includes services required as a result of a 60
day extension of the construction completion date. During this
period two additional site visits, additional construction
services, and resident project representative services will be
provided. The total estimated fee for construction and bidding
services for this entire project, including Authorizations No. 17
and 17A, is $134,30l.
Recommend approval of Service Authorization No. 17A in the amount
of $17,410 with funding from Water and Sewer Capital Outlay/North
Ground Water Tank (Account No. 442-5178-536-64.11)
111'4
,
'Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 9/30/91
XX Regular Agenda ~Special Agenda ~Workshop Agenda
When: 10/8/1991
Description of agenda item (who, what, where, how much) Request
City Commission to approve Service Authorization No. 17A in the
amount of $l7,410.oo for additional professional engineering
services for improvements to the existing North Water Storage
Tank and Pump Station located at 200 N.W. First Avenue, Project
No. 90-22. Funding source will be 442-5178~536-64.11.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve
Authorization No. 17A in the amount of $l7,410.00 for addltional
enqineering services for the improvements to the eXlstlng North
Water Storaqe Tank and Pump Station located at 200 N.W. Flrst
Avenue. Proiect No. 90-22. Funding source is 442-5178-536-64.11.
Department Head Signature: d//~ r/~rjq I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
vJ!-v '~4 C~t~ O~~ "(\iA~,
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AUTHORIZATION NO. 17A TO AGREEMENT
Entered Into and Between
CITY OF DELRA Y BEACH, FLORIDA
100 N.W. First Avenue
Delray Beach, Florida 33444
I Dated February 1, 1989
And
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1560 Orange Avenue, Suite 700
Winter Park, Florida 32789
For
ADDmONAL CONSTRUCTION SERVICES
For
IMPROVEMENTS TO THE NORTH WATER STORAGE TANK
AND PUMP STATION \
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide additional professional
engineering services, as hereinafter described, to the City of Delray Beach (CITY) for
improvements to the existing North Water Storage Tank and Pump Station located at 200
N.W. First Avenue.
PREAMBLE
This Authorization is intended to become a part of the original Agreement dated June 10,
1985, and Amendment to the Agreement, dated February 1, 1989. I t is hereby
acknowledged by the parties that should a conflict arise between this Authorization and the
Agreement, as amended, then the terms of the Agreement, as amended, shall control and
prevail.
1.0 SCOPE OF SERVICES
During the pre-bid meeting for the subject project held on March 20, 1991, several
contractors present requested that the constructior. period proposed in the bid documents
be increased from 210 days to 270 days. The contractors indicated that this additional time
would be more fair, would provide the time required to order and receive long lead delivery
items such as the motor control center and would provide a more competitive bid situation.
Two Delray Beach staff members present at the pre-bid meeting, Mr. Larry Martin, the
former Deputy Director of Environmental Services and Mr. Howard Wight, the Construction
Manager of Environmental Services, agreed that it would be advantageous to lengthen the
""
.
contract time and directed PBS&J to include the 60-day contract extension in an addendum
to the bid documents prior to bidding. This was accomplished in Addendum No. 1.
Authorization No. 17 included professional engineering services during construction of the
North Water Storage Tank and Pump Station that were based on the original construction
period of 210 days. This authorization is for the additional engineering services that will be
required for the additional 60 day construction period.
Additional construction phase services shall include the following:
1. Two (2) additional site visits as described in Authorization No. 17, paragraph 1.3.a.
2. Additional construction services for 60 additional calendar days as defined in
Authorization No. 17 paragraphs 1.3.b, d, e, f, g, and k.
3. Additional resident project representative services for one-half time over an
additional two-month construction period. RPR services shall be as defined in
Authorization 17, paragraph n.
\
2.0 COMPENSATION
Compensation for engineering services shall be on the basis of payroll cost plus a surcharge,
plus reimbursables as defined in the Agreement entered into and between the CITY and
ENGINEER on June 10, 1985 for Additional Services and latest Amendment, dated
February 1, 1989. - _. -
A detailed project cost estimate is included as Attachment A
Estimated budget for additional construction services for the Improvements to the North
Water Storage Tank and Pump Station Services is as follows:
2.3 Additional Construction Phase Services $ 4,960.00
2.6 Resident Project Representation 12.450.00
TOTAL ADDITIONAL ESTIMATED FEE
FOR AUTHORIZATION 17 A $17,410.00
The total estimated fee for construction and bidding services for the entire project including
Authorization No. 17 and Authorization No. 17A will be $134,201.00.
The above-referenced fee shall be considered a not-to-exceed amount for the additional
scope of services described herein unless prior written approval is obtained from the CITY.
"""
. .
3.0 TIME OF SERVICE
The additional project budget is based upon an additional two (2) month construction
period. The total construction period for the project is now estimated to be nine (9)
months.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this
Amendment to Agreement upon the terms and conditions above stated on this _ day of
, 1991.
For the ENGINEER: For the CITY:
POST, BUCKLEY, SCHUH & CITY OF DELRA Y BEACH
JERNIGAN, INC.
BY:p;?f~ By: I
-
57f/J- J J-J- Attest:
Date: 7,20.9/ Date:
"- .. .. ,
. .... .
Approved as to Form:
City Attorney
7/23/91
07-157.04
.""
. '" . . ..
24-Jul-91 ATrACHMENT A
POST, BUCKLEY. SCHUH &. JERNIGAN PROJECT COST ESTIMATE
CLIENT............. . CITY OF DELRA Y BEACH
PROJECT NAME........ IMPROVEMENTS TO THE NORTH WATER STORAGE TANK AND PUMP STATION \
- AUTHORIZATION NO. 17A
PROJECT NUMBER...... 07-157.XX
DATE OF ESTIMATE.... 07124191
LABOR MULTIPLIER.... 3.0
DIRECT MULTIPLIER... l.l
RESIDENT
HOURLY SITE CONSTRUCTION PROJECT TOTAL DIRECT MULTI
CATEGORY (NAME) RATE VISITS SERVICES ENGINEER HOURS LABOR LABOR
PROJECT MANAGER $32.00 16.0 18.0 2.0 36.0 $1.152 $3,456
SENIOR ENGINEER $26.00 6.0 2.0 8.0 1$208 $624
DRAFTING $12.00 4.0 4.0 $48 $144
DOCUMENT CNTRL CLERK. $10.00 10.0 10.0 $100 $300
CLERICAL $12.00 4.0 8.0 12.0 $144 $432
RESIDENT ENGINEER $21.00 190.0 190.0 $3,990 $11 ,970
SUBTOTAL LABOR HOURS 20.0 46.0 194.0 260.0
SUBTOT AL RAW LABOR DOLLARS $560 $976 $4,106 $5.642
SUBTOT AL MULT LABOR DOLLARS .$1.680 "," $2.928. $12,318 $16,926
RESIDENT
ENGINEERING
ITEM SITE CONSTRUCTION &. MISC RAW MULTI
DESCRIPTION VISITS MAN AGEMENT ENGINEERING DIRECT DIRECT
TELEPHONE $60 $150 $90 $300 $330
PRINTING $20 $60 $30 $110 $121
COURIER $30 $30 $33
SUBTOTAL RAW DIRECT DOLLARS $80 $240 $120 $440 $484
SUBTOTAL MULTIPLIED $$ $88 $264 $132 $484
TOT AL LABOR &. DIRECT $1,768 $3,192 $12,450 $17.410
"'.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
<lE:
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 8, 1991
AGREEMENT WITH THE UNITED STATES MARSHALS SERVICE
DATE: OCTOBER 3, 1991
We have received a request from the u.S. Marshals Service and
Florida Atlantic University Police Department to use the City's
shooting range at the Police Department. An agreement has been
prepared and is before you for approval. The standard indemni-
fication and hold harmless provisions are included in the
agreement.
Recommend approval of agreements with the U.S. Marshals Service
and Florida Atlantic University for the use of the Police
Department shooting range.
n..,
"
.
Delray Beach Police Department " ~
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 --=-- ~ 2=.
(407) 243-7888 Fax (407) 243-7816
If 1:.- ,
MEMORANDUM t t Iv -:.-,
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TO: David T. Harden, City Manager '- , ,:;, Or,-!.
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FROM: Richard M. Lincoln, Interim Police Chief
DATE: September 20, 1991
SUBJECT: APPROVAL FOR F. A. U. SECURITY AND U. S. MARSHALS SERVICE
AGENTS' USE OF THE POLICE DEPARTMENT'S RANGE
Attached you will find copies of formal requests as well as Hold
Harmless Agreements prepared by the City Attorney's Office for
F.A.U. and the U.S. Marshals Service allowing them periodic use
of our range.
As you had previously indicated that you supported this concept,
I shall place this item on the October 8th Consent Agenda unless
after further review you have a problem with this approval.
RML/ppt
Attachments
cc: Major Cochrane
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AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
[ITY OF DElDAY r::~r'A[I~
, , . . , '.,.' . ,1. ~.m t r1' ~ ~ f,
CITY ATTORNEY'S nrFU;t " I . I , , I ' i: 'I'" I' ',) I', I " II, """ II ,\ I I : I I
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MEMORANDUM
DATE: September 12, 1991
TO: Chief Rick Lincoln, Delray Beach Police Department
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: FAU - General Release Aqreement
I have prepared an Agreement and General Release pertaining to
FAU's use of the shooting range at the Police Department.
Please let me know if there are any changes you would like in
the agreement.
If the agreement is acceptable then it, along with a cover
letter from you about FAU's use of the facility, should be put
o~ Commission consent agenda for approvAl.
SA :c' . L
Attachment
t.
SEP 13 1991
~f~[lVfD
.-_...._.~-----
Delray Benell Police Departlllellt ~ '~2
300 West Atlantic Avenue e Delray Beach, Florida 33444-3666 --:-' r~ :r--,. \ ~
(407) 243-7R88 Fax (407) 243.7R16
September 19, 1991
James A. Tassone, Chief Deputy U.S. Marshal
UNITED STATES MARSHALS SERVICE
205 Federal Courthouse Square
301 North Miami Avenue
Miami,FL 33128-7786
Dear Chief Tassone:
In response to your request of September 17, 1991, this
correspondence will confirm that the Delray Beach Police
Department will make our pistol range available to the members of
the U.S. Marshals Service under your supervision. A Hold
Harmless and Release Agreement will be prepared by our City
Attorney's Office, and it will be necessary for this Agreement to
be executed prior to the actual use of the range by U.S. Marshals
Service personnel.
In the meantime please have your designee contact Captain Ed
Morley, the Professional Standards Division Commander, to work
out the details for future use, such as familiarization with our
range equipment and rules, scheduling, etc.
The Delray Beach Police Department is pleased to be able to
afford assistance to you in this matter.
Sincerely.
/.., )r~. __ , }
. I ' -:.. ," -,./....
RICHARD M. LINCOLN
Interim Police Chief
RMLjppt
cc: City Manager D. Harden
City Attorney J. Kurtz
Major W. Cochrane
Captain E. Morley
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AN INTERNATIONALLY ACCREDITED LAW ENFOnCEMENT AGENCY
,.,;,
~"Ol'l ~'~~'
Delray Benel. Police Departlllellt ~ ': ~ \, '._.
300 WeslAllanlic Avenue · Delray Beach, Florida 33444.3666 ~ rc',f;o \
(407) 243.7888 FClX (407) 243-7816
September 19, 1991
James A. Tassone, Chief Deputy U.S. Marshal
UNITED STATES MARSHALS SERVICE
. ' 205 Federal Courthouse Square
. 301 North Miami Avenue
Miami,FL 33128-7786
Dear Chief Tassone:
In response to your request of September 17, 1991, this
correspondence will confirm that the Delray Beach Police
Department will make our pistol range available to the members of
the U.S. Marshals Service under your supervision. A Hold
Harmless and Release Agreement will be prepared by our City
Attorney's Office, and it will be necessary for this Agreement to
be executed prior to the actual use of the range by U.S. Marshals
Service personnel.
In the meantime please have your designee contact Captain Ed
Morley, the Professional Standards Division Commander, to work
out the details for future use, such as familiarization with our
range equipment and rules, scheduling, etc.
The Delray Beach Police Department is pleased to be able to
afford assistance to you in this matter.
Sincerely,
., -)1" / ,/
;. ' ~ , (;- ~.:," .,..... '-...-
RICHARD M. LINCOLN
Interim Police Chief
RMLjppt
cc: City Manager D. Harden
City Attorney J. Kurtz
Major W. Cochrane
Captain E. Morley
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AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
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Del..ay Beacl. Police Depa..tlllellt ~ \ \
300 We!';1 Allanlir. AVp.lllIn · Dnlr;lY Rnnr.I1, Floridn :ntltltl.:mf!G \
'--.. ".--'
(tllIl) ?tl:l lIIllIl r;ll( (tlll1) :7tl:1 lIIlI; I
I
September 6, 1991
John B. Connor, N. A.
Director
FLORIDA ATLANTIC UNIVERSITY
P. O. Box 3091
Boca Raton, FL 33431-0991
Dear Director Connor:
In response to your letter of September 3, 1991, this
correspondence will confirm that the Delray Beach Police
Department will make our pistol range available to the 23 members
of your staff for qualification with 9mm semi-automatics.
At the present time our city Attorney's Office will be
preparing a Hold Harmless and Release Agreement that must be
executed prior to the actual use of the range by FAU personnel.
In the meantime, please have your designee contact Captain Ed
Morley, the Professional Standards Division Commander, to work
out the details for future use, such as familiarization with our
range equipment and rules, scheduling, etc.
The Delray Beach Police Department is pleased to be able to
afford assistance to you in this matter.
Sincerely,
f""M . d)-~__
RICHARD M. LINCOLN
Interim Police Chief
RMLjppt
cc: City M~mRger D. Harden
City Attorney J. Kurtz
Major W. Cochrane
Captain E. Morley
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^N IN' E=IlN^ IICltl^II.Y M:CIlEnl' J:f) L^W EN r (Ill IT I.,rr" iFNC\'
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. FLORIDA ATLANTIC UNIVERSITY
P,O. BOX 3091 )
BOCA RATON. FLORIDA 33431-0991 \
Police Depertment
(407) 387.3500
j
Chief Richard Lincoln 8EP 6 1991
Delray Beach Police Department RECEIVED
300 West Atlantic Avenue
, 33444-3666
Delray Beach, FL
Dear Chief Lincoln:
I was delighted to hear from Lt. Dennis O'Hara and Officer
John Canney of my department about your willingness to allow
us the use of your department's pistol range for purposes of
qualifying my sworn personnel on the 9MM semi-automatic pistol.
As Officer Canney may have related to you during his recent visit,
university police departments in Florida are mandated to carry
9MM weapons by June 1992. Because we are a small campus police
department of 23 sworn officers, the use of your range will greatly
enhance our efforts to provide this cross-over weapons training
on a scheduled basis during the next eight months. With shift
coverage to maintain, we will have to coordinate our firearms
training on a piecemeal basis. The close proximity of your range
will provide us cOllsiderable convenience.
Officer Canney is a certified firearms instructor, who will cOllduct
the classroom portion of the training here on campus. At'the
appropriate times, he or Lt. O'Hara will contact your repres~ntative
to schedllle lIse of t'hf> rnnge. r, t . O'llnrn w;1 1 bf' III(' primnry
cOlllncl person and his L l' I (' p h () II (' Illlmhl' ,. is :HI7-:~'j()I.
I sincerely appreciate the cooperation of your office and the
Delray Beach Police DepArtment in helping us to fulfjll our
firearms training requirement. I look forward to receiving an
official confirmation concerning this request to use your range.
Please also advise if there is a need for us to complete an
agreement form similar to the one used by the Palm Beach County
Sheriff's Department.
S~:d Ye~
dh" II. CO",,,,,, N. ^.
D ire c t 0 ['
FAU Police Department
cc: Lt. Dennis O'Hara
Officer John Canney
Boca Raton . Fort LaUlleroalo · Davia · Palm Beach Gardens
A Member of the State UnivRrsity System of Florida
An Affirmativa ActiuIIIEqUBI Opportutlity IIIstitution
- ,-,,--
@) tJ.S. UelJartllll'lIt ul" .Justin'
'::W\
United Stales Marshals Service
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Southern District (~l Norida \ \
_..n________. ___.______ - -.--.------ ---. -.,.
2115 Fed('ml ("""IIr"/lII' S'I/ltu('
September 17, 1991 301 Norlh Miami ..t \'('111'('
Miami, I/orida 3312/1.77/16
Chief Rick Lincoln
Delray Beach Police Department
300 West Atlantic Avenue
De1ray Beach, Florida 33444
Dear Chief Lincoln:
As per our conversation I would like to request permission to
utilize the Delray Beach Police Department's firearms training
range for the purpose of training my certified law enforcement
personnel. Everyone who will be utilizing your facility will be
a certified professional law enforcement officer and we would
request the use of your facility approximately twice a month.
My firearms training officer has already been in contact with your
training division and has familiarized himself with the particulars
of your range and the rules governing its operation. At all times
when the u.S. Marshals Service is utilizing your facility a
Marshals Service firearms instructor will supervise the training.
I appreciate your assistance in this matter and look forward to
working with your agency. If you have any questions or if I can
be of assistance to you feel free to contact me.
Sincerely,
Q _11 \0 C'
.' 'l._~~ " I, nQ))(.\:. :jIlHt(', '~" '-'~L,
Da ~el, . Horgan
united States Marshal
Southern District of Florida
~
8& 19 1991
by: James A. Tassone RfGflVfD
Chief Deputy U.S. Marshal
u",
.
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE is made this
day of , 1991 by and between the City of Delray
Beach, Florida (the City) and the United States Marshals
Service.
, WHEREAS, the United States Marshals Service desires
to use the City's Police Department shooting range (the
facility), in order to train the ,United States Marshals Servic~
campus police officers in the proper use of firearms; and,
WHEREAS, the City wishes to cooperate with the United
States Marshals Service and provide the United States Marshals
Service access to its shooting range facilities; and,
WHEREAS, the United States Marshals Service under-
stands that its use of the Police Department shooting range
will be on such days and at such times which are convenient for
the City; and,
WHEREAS, the United States Marshals Service acknowl-
edges that the City makes no representations, assurances, or
guarantees as to the availability of the shooting range; and,
WHEREAS, the United States Marshals Service's use of
the shooting range facility shall be at the United States
Marshals Service's sole risk.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS
SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES
AGREE AS FOLLOWS:
~ -.-.,-_._---_._...__...._~,-
1. The recitations set forth above are incorporated \
herein.
2. The City agrees to permit the United States
Marshals Service to use the shooting range facility at the
Police Department located on West Atlantic Avenue, on such days
and such times that are convenient for the city.
3. The United States Marshals Service shall assume
all liability for injuries or damages which may be occur to
property and persons arising out of its use of the facility.
4 . The United States Marshals Service acknowledges
that the City makes no assurances or guarantees that the
shooting range facility is safe or designed for the particular
use by the United States Marshals Service.
S. The United States Marshals Service acknowledges
that the City shall make no expenditures for firearm(s), safety
equipment, targets, supplies, or ammunition. The United States
Marshals Service understands that its use of the facility will
be at its sole expense and sole risk.
6. The United States Marshals Service acknowledges
that the City shall not provide any supervision of persons
using the facility.
7. The United States Marshals Service shall defend
indemnify and hold harmless and defend the City, its agents,
officers, officials and employees from any and all claims,
suits, causes of action, whatsoever made, arising from the
United States Marshals Service's use of the shooting facility
at the Police Department; and any and all claims, suits, causes
"H
of action whatsoever made arising from property damage and/or \
personal or bodily injury caused or allegedly caused by the
condition of or use of the shooting facility.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
UNITED STATES MARSHALS SERVICE
Witness
By:
Witness
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the State and County named above to
take acknowledgements, personally appeared
known to me to be the person
described in and who executed the foregoing instrument as
of , a
corporation organized under the laws of the State of
. He/She acknowledged before me that he
executed the foregoing instrument as such an office in the name
and on behalf of the corporation, and that he/she also affixed ..
thereto the official seal of the corporation.
-' "--._-"-.--- _._.....~-_.~.,~~..-
SWORN TO AND SUBSCRIBED before this \
me
day of , 1991.
Notary Public
My Commission Expires:
,"'"
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE is made this
day of , 1991 by and between the City of Delray
Beach, Florida (the City) and Florida Atlantic University
( F AU) .
WHEREAS, FAU desires to use the City's Police
Department shooting range (the facility), in order to train FAU
campus police officers in the proper use of firearms; and,
WHEREAS, the City wishes to cooperate with FAU and
provide FAU access to its shooting range facilities; and,
WHEREAS, FAU understands that its use of the Police
Department shooting range will be on such days and at such
times which are convenient for the City; and,
WHEREAS, FAU acknowledges that the 'City makes no
representations, assurances, or guarantees as to the
availability of the shooting range; and,
WHEREAS, FAU's use of the shooting range facility
shall be at FAU's sole risk.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS
SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES
AGREE AS FOLLOWS:
1. The recitations set forth above are incorporated
herein.
2. The City agrees to permit FAU to use the
shooting range facility at the Police, Department located on
West Atlantic Avenue, on such days and such times that are
convenient for the City.
,..-.-,..- ..-
.
3. FAU shall assume all liability for injuries or \
damages which may be occur to property and persons arising out
of its use of the facility.
4. FAll acknowledges that the City makes no
assurances or guarantees that the shooting range facility is
safe or designed for the particular use by FAll.
S. FAll acknowledges that the City shall make no
expenditures for firearm(s), safety equipment, targets,
supplies, or ammunition. FAll understands that its use of the
facility will be at its sole expense and sole risk.
6 . FAll acknowledges that the City shall not provide
any supervision of persons using the facility.
7 . FAll shall defend indemnify and hold harmless and
defend the City, its agents, officers, officials and employees
from any and all claims, suits, causes of action, whatsoever
made, arising from the FAll's use of the shooting facility at
the Police Department; and any and all claims, suits, causes of
action whatsoever made arising from property damage and/or
personal or bodily injury caused or allegedly caused by the
condition of or use of the shooting facility.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
II'"
FLORIDA ATLANTIC UNIVERSITY
Witness
By:
Witness
(SEAL)
STATE OF FLORIDA
I COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the State and County named above to
take acknowledgements, personally appeared
known to me to be the person
described in and who executed the foregoing instrument as
of , a
corporation organized under the laws of the State of
. He/She acknowledged before me that he
executed the foregoing instrument as such an office in the name
and on behalf of the corporation, and that he/she also affixed
thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this
day of , 1991.
Notary Public
My Commission Expires:
'..--..--...-...-".-----..,.--..-.".-----
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER z1/V1
SUBJECT: AGENDA ITEM # IF - MEETING OF OCTOBER 8, 1991
AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF
NATURAL RESOURCES
DATE: OCTOBER 3, 1991
On May 14, 1991, the Commission approved a reimbursement agree-
ment with DNR which provided that DNR would reimburse to the City
the State's share of funds expended on the Beach Nourishment
project between June 1, 1987 and September 1, 1993. City staff
interpreted this to refer to dates of payment; DNR staff inter-
prets the dates to refer to dates when work is accomplished.
Since work actually began on the project in April and May of
1987, DNR has amended the initial date of work for which reim-
bursement can be sought to February 1, 1987. Approval of this
amendment will allow DNR to reimburse the City an additional
$36,000.
Recommend approval of an amendment to the agreement with the
Department of Natural Resources modifying the commencement date
of the project to February 1, 1987.
,",,'
.
CITY COMMISSION DOCUMENTATION
TO: David Harden, city Manager ~
FROM: John Walker, Project coordinato~~J
DATE:
September 25, 1991
SUBJECT: Meeting of October 8, 1991
AN AMENDMENT TO THE AGREEMENT BETWEEN FLORIDA
DEPARTMENT OF NATURAL RESOURCES AND THE CITY
OF DELRAY BEACH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is to authorize execution
of an amendment to the agreement with the Florida Department of
Natural Resources for reimbursement of a portion of the cost of
the Beach Nourishment Project.
BACKGROUND:
The reimbursement agreement, approved by Commission May 14, 1991,
allowed DNR to reimburse the State share of funds expended on the
Project between June 1, 1987 and September 1, 1993. City staff
interpreted this to refer to dates of payment; DNR staff
interprets the dates to refer to dates when work is accomplished.
Since work was actually begun on the Project in April and May of
1987, DNR has amended the initial date of work covered to
February 1, 1987 to avoid any question of interpretation in
future audits. This amendment will allow DNR to reimburse an
additional $36,000 to the City.
RECOMMENDED ACTION:
By motion, authorize the Mayor to execute an amendment to the
agreement with the Florida Department of Natural Resources for
reimbursement of a portion of the cost of the Beach Nourishment
Project.
Attachment
* Agreement
JW/#3/DNR2.TXT
."
11 FLORIDA DEPARTMENT OF NATURAL RESOURCES I.uloo Chilts
( GoYemoc
~~ I IJ~ Marjory Stoneman Douglas Building JiJo S.ilh
S<att&ry of Stalt
3900 Commonwealth Boulevard Bob Bal1trwur1h
~ ~~ Tallahassee, Florida 32399 Altarnty General
/'URAl Rt: c.nJd ~...
Stalt Cealptroller
Tooo GardJ,ec. Executivt Director T.. Gallachtr
SWt Truwrer
Bob C.""ford
C...lliJsiontr of Agriculture
September 18, Belly wlor
1991 u..mi8siontr of Education
Mr. John Walker
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
ATTN: Planning Department
Dear Mr. Walker:
Enclosed are the original documents to amend the Delray
Nourishment Project. Please arrange for both to be signed, not
dated, and returned to me. I will arrange for execution and I
will furnish you with an original.
Thank you.
Sincerely, .
it it< keJIltlif,
wi ~am K. hitfi Id
En ironmental Spe lialist III
Office of Beach Management
Division of Beaches and Shores
WKW/bc
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Administration Beaches and Shores Law Enforrement Marine ResollJUS Recreation and Parb Resoone Management Slatt Lands
."
--
DNR Contract No. C -7 ((~
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF BEACHES AND SHORES
EROSION CONTROL PROGRAM
Project Agreement
Amendment #1
This AMENDMENT, dated this _ day of , 19 ,
by and between the Florida Department of Natural Resources,---
Division of Beaches and Shores, hereinafter referred to as the
DEPARTMENT, and the city of Delray Beach, hereinafter referred to
as LOCAL SPONSOR, serves to amend that project agreement between
the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991,
pertaining to the Delray Beach Nourishment project, hereinafter
referred to as the PROJECT.
The DEPARTMENT and the LOCAL SPONSOR hereby agree to the
following changes and additions:
Paragraph 5 of the PROJECT Agreement is hereby revised to read as
follows:
5. The LOCAL SPONSOR shall commence construction of the
PROJECT on or after execution of this Agreement, and shall
complete the project on or before September 1, 1993. The
DEPARTMENT and the LOCAL SPONSOR agree that there shall be no
reimbursement of funds by the DEPARTMENT for any obligations or
expenditures for the PROJECT made prior to the commencement date
of this PROJECT except for sand search, beach monitoring, pre-
construction environmental monitoring, engineering, and the sea
turtle monitoring made on or after February 1, 1987.
All other terms and conditions of that PROJECT Agreement
dated June 18, 1991, remain the same.
IN WITNESS THEREOF, the parties hereto executed the PROJECT
Agreement Amendment on the day and year first above written.
LOCAL SPONSOR State of Florida
Department of Natural Resources
By: By:
Witness Kirby B. Green, III, Director
APPROVED AS TO FORM AND LEGALITY
By:~tllli~~
Attorney or the Department
Natural R sources
By:
~"H
Cu~~ ~~ ~~~~[{i\P ~~b)t[~~
. .i' t, '-'~ 11j ,.tJ j';):l "" i..i '. "
i Ou \~ ~'..' 1 -\ .i ~ -. IjE U'::li--',,'r' liEAC::'1 ~,-..)_::;I:)A 33444 407 ::'43,::'~)
July 29, 1991
William K. Whitfield
Environmental Specialist
Office of Beach Erosion Control
Division of Beaches and Shores
Florida Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
RE: DELRAY BEACH NOURISHMENT PROJECT - BILLING 11
Dear Mr. Whitfield:
This is a follow up to our recent telephone conversations regarding
invoice #62 for work on the sand search task. You questioned the
eligibility of this work for reimbursement and asked f.Jr more detail
on the actual dates that work was performed. Our consultant,
Coastal Planning & Engineering ( CPE) , reviewed their records and
found that work was initiated as follows:
April 15, 1987: CPE began task planning.
May 15, 1987: CPE began fleld work.
In a follow-up conversation on July 24, 1991, you stated that only
the work done after June 1, 1987 would be eligible for
reimbursement. We understand your concerns and appreciate your
efforts to clarify the terms of the contract as early as possible.
Prior to finalizing the contract, we were asked to provide the
beginning date for the contract. In consultation with CPE, we
determined a beginning date of June 1, 1987, believing that the
contract would allow reimbursement of funds expended after that
date. In our reading of item 5 of the final contract, we still
believe that reimbursement for work on the sand search task is
predicated on expenditures being made after June 1, 1987 and not
the date of work. Therefore, we request a determination that the
work covered by invoice #62 is eligible for reimbursement.
THE ErFOPT ALWAYS MATTERS
."
William K. Whitfield
Delray Beach Nourishment Project - Billing #1
July 24, 1991
Page 2
If such determination cannot be made, we request that the contract be
modified to allow reimbursement for work done after April I, 1987.
This modification is justified since it is the intent of all parties to
in include the entire sand search task in the contract.
Please let me know your findings as soon as possible and feel free
to call me should you have any questions.
Sincerely,
11~~
Project Coordinator
c: Kim Beachler
David Kovacs
JW/'4/DNRFUND4.TXT
."
,-
DNR Contract # L:-~J/~
AGREEMENT
THIS AGREEMENT is entered into this ~ day of ~u.nf . , 1991,
between the FLORIDA DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as
the "DEPARTMENT") and the City of Delray Beach (hereinafter referred to as the
"LOCAL SPONSOR") for the PROJECT described herein.
In consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and LOCAL SPONSOR do hereby agree as follows:
1. The DEPARTMENT is entering into this Agreement in accordance with
chapter 161, Florida Statutes, with the LOCAL SPONSOR for the erosion control
project known as the Delray Beach Nourishment project, hereinafter referred to
the PROJECT.
2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the
eligible PROJECT items identified below subject to acquisition of all requisite
environmental and construction permits. The PROJECT consists of the nourishment
of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach
County) approximately between DEPARTMENT range monuments R-180 and R-189, using
approximately 1,020,000 cubic yards of beach quality sand. Approximately 10,000
cubic yards will be used for dune reconstruction. Three dune crossovers shall
be constructed and the new reconstructed dunes vegetated. Appropriate pre and
post construction monitoring will be conducted.
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs for the
PROJECT are as follows:
Estimated Costs
Eliqible Proiect Items Federal Nonfederal Total State Local
Beach Fill 2,539,163 1,923,337 4,462,500 1,269,403 653,934
Mobilization/
Demobilization 569,000 431,000 1,000,000 284,460 146,540
Sand Search 0 150,000 150,000 150,000 0
Engineering 203,702 154,298 358,000 115,723 38,575
Offshore Environmental
Monitoring (Pre-project,
construction & post
project) 130,870 99,130 230,000 74,347 24,783
Sea turtle monitoring 0 29,750 29,750 22,178 7,392
Beach Monitoring
(surveys) 0 76,500 76,500 57,375 19,125
Revegetation 0 10,000 10,000 7,500 2,500
Construction of three
protection walkways Q 35,000 35,000 26,250 8,750
TOTAL 3,442,735 2,909,015 6,351,750 2,007,236 901,599
,,".
Note: The above costs for eligible project items are not line-item costs. Funds
not needed for one eligible project item may be used for another eligible project
item whenever the listed estimated cost in insufficient.
The DEPARTMENT and the LOCAL SPONSOR further agree that any and all
activities associated with the PROJECT that are not shown in the above eligible
item listing are the responsibility of the LOCAL SPONSOR and are not a part of
this Agreement. The DEPARTMENT'S financial obligation shall not exceed the sum
of $2,007,236 for this PROJECT. The LOCAL SPONSOR shall be responsible for all
other costs.
3. In connection with this Agreement, it is acknowledged that at all times
the LOCAL SPONSOR is not acting as an employee of the State of Florida and
neither the LOCAL SPONSOR nor its employees are entitled to accrue any benefits
of state employment, including revetment benefits, and any other rights or
privileges connected with employment in the Florida Career Service.
4. As consideration for the work performed by the LOCAL SPONSOR under the
terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified
herein. The LOCAL SPONSOR will submit a request for reimbursement of funds on
such forms, as attached hereto as Exhibit "A", not more frequently than monthly.
These forms shall be certified as accurate by the LOCAL SPONSOR's Project
Administrator and the LOCAL SPONSOR Project Financial Officer and submitted to
the DEPARTMENT as a payment request along with an interim report of the status
of the PROJECT. The DEPARTMENT's Contract Manager has 30 days after receipt of
an interim report and billing to determine that the work has been accomplished
prior to approving the billing for payment. Upon approval of the payment request
the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten percent
(10%) which will be retained on account. The cumulative amount retained shall
be disbursed to the LOCAL SPONSOR when the PROJECT is certified complete by the
LOCAL SPONSOR and DEPARTMENT staff. A final PROJECT certification inspection by
the DEPARTMENT staff shall be made not more than 60 days after the PROJECT has
been certified as complete by the LOCAL SPONSOR.
5. This LOCAL SPONSOR shall commence construction of the PROJECT on or
after execution of this Agreement, and shall complete the project on or before
September 1, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall
be no reimbursement of funds by the DEPARTMENT for any obligations or
expenditures for the PROJECT made prior to the commencement date of this PROJECT
except for sand search, beach monitoring, pre-construction environmental
monitoring, engineering, and the sea turtle monitoring made on or after June 1,
1987.
6. The LOCAL SPONSOR and the DEPARTMENT agree that they will make every
reasonable effort to insure the continued public ownership of those lands lying
upland of the PROJECT site and further agree to make every reasonable effort to
insure the maintenance of the public access and vehicular parking area lying
upland of the PROJECT site during the life of the PROJECT defined as 8 years.
7. The LOCAL SPONSOR agrees to provide to the DEPARTMENT a full
accounting of all PROJECT costs at PROJECT completion. Such accounting data
shall include actual cost of project construction and all cost expended for
mobilization, engineering and design, and supervision and administration. The
LOCAL SPONSOR agrees to present the accounting data in such a fashion as to
identify actual cost of eligible items as shown in Paragraph 2 of this Agreement.
8. The State of Florida's performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the Legislature.
9. No person, on the grounds of race, creed, color, national origin,
age, sex, or handicap, shall be excluded from participation in; be denied the
proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
."
10. The LOCAL SPONSOR hereby insures that it has in force and shall
maintain in force throughout the PROJECT period insurance coverage, which most
nearly reflects the operation of the LOCAL SPONSOR, which is necessary for the
PROJECT, and which is appropriate and allowable pursuant to Florida Statutes.
11. The LOCAL SPONSOR shall save and hold harmless and indemnify the
State of Florida against any and all liability, claims, judgements or cost of
whatsoever kind and nature for injury to, or death of any person or persons
and for loss or damage to any property resulting from the use, service,
operation or performance of work under the terms of this agreement, resulting
from the negligent acts of the LOCAL SPONSOR, his subcontractor, or any of the
employees, agents, or representatives of the LOCAL SPONSOR or subcontractor, to
the extent allowed by law.
12. The LOCAL SPONSOR shall seek to coordinate with the selected
contractor to prevent any and all damage to sovereignty lands seaward of the line
of mean high water, including animal, plant, or aquatic life thereon, resulting
from the mobilization, construction or demobilization activities related to the
PROJECT. Further, LOCAL SPONSOR shall take all available actions to obtain from
the contractor the expeditious restoration of such lands, or the animal, plant,
or aquatic life thereon, and/or the payment of damages for such damages.
13. This agreement m~y be canceled by either party, with or without
reason, by giving 30 days written notice to the other party. Said notice
shall be sufficient if delivered personally or by certified mail to the
address contained herein. In case of cancellation, only amounts accrued to
the date of cancellation shall be due and payable.
14. The LOCAL SPONSOR will permit the DEPARTMENT's staff to examine
all PROJECT records and grant them rights to audit any PROJECT books,
documents, and papers during the PROJECT and following completion of the
PROJECT. The LOCAL SPONSOR shall maintain the records, books, document, and
papers for at least three (3) years following completion of the PROJECT.
15. This Agreement may be canceled by the DEPARTMENT without prior
notice for refusal by the LOCAL SPONSOR to allow public access to all
documents, papers, letters, or other material subject to the provisions of
chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in
conjunction with this Agreement.
16. William K. Whitfield, Environmental Specialist, or his successor is
hereby designated the DEPARTMENT's Contract Manager for the purpose of this
Agreement and shall be responsible for enforcing performance of the Agreement
terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and
approve all invoices prior to payment.
17. The LOCAL SPONSOR will appoint a Liaison Officer-to be responsible
for the implementation of the provisions of this Agreement.
18. Any and all notices shall be delivered to the parties at the
following address:
DEPARTMENT LOCAL SPONSOR
Department of Natural Resources City of Delray Beach
Division of Beaches and Shores Planning Department
Office of Beach Management 100 N.W. 1st Avenue
3900 Commonwealth Boulevard Delray Beach, Florida 33444
Tallahassee, Florida 32399
19. This Agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this Agreement shall be interpreted in such a manner as to be
effective and valid under applicable law, but if any provision of this
'","
Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provision of
this Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida.
20. The LOCAL SPONSOR shall, at a minimum, comply with monetary
limits for competitive acquisition of both materials and services and
documentation shall be maintained to justify any departure from this
requirements. Chapter 287, Florida statutes, is expressly made a part of this
Agreement and is incorporated herein by reference as if fully set forth.
21- The provisions of Chapter 16B-36, Florida Administrative Code,
entitled Beach Erosion Control Assistance Program, Chapter 16A-ll, Florida
Administrative Code, entitled Grant and Contract Accountability Policy, are
expressly made a part of this Agreement and are incorporated herein by
reference as if fully set forth.
22. For this PROJECT, contractual services, labor, direct material
purchases, and stock material purchases, as specified in Exhibit itA" , are
eligible for reimbursement.
23. Any inequities that may subsequently appear in this Agreement
shall be subject to negotiation upon written request of either party, and the
parties agree to negotiate in good faith as to any such inequities.
24. This Agreement represents the entire Agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions
of this Agreement shall only be valid when they have been reduced to writing
and signed by each of the parties hereto, and attached to the original of this
Agreement.
25. This Agreement shall be executed in duplicate, each copy of which
shall for all purposes be considered an original.
IN WITNESS WHEREOF, the parties have caused these present to be duly
executed, the day and year first above written.
DEPARTMENT
By: By:
Signature
Witness: {f!,14P1 (1~
rm and legality
Approved as to form
~~
Assistant City Attorney
,~'"
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflv1
SUBJECT: AGENDA ITEM if SG- - MEETING OF OCTOBER 8, 1991
WAIVER OF STAGE RENTAL FEES
DATE: October 4, 1991
We have received a request from the West Atlantic Property Owners
Association to use the City's large stage and waiver of the associated
rental fee of $350, plus labor. The stage will be erected at Pompey
Park to be used in conjunction with the Association's "Old Fashion
Family Picnic". This event will take place on Saturday, November 2,
1991, from 10:00 a.m. until 5:00 p.m.
Recommend approval of the request from the West Atlantic Property
Owners Association for waiver of the stage rental fee and associated
labor charges.
",,"
.
Agenda I tern No.:
AGENDA REQUEST
Date: 9/16/91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
(blf!q/
When: 9/24/91>-
Description of agenda item (who, what, where, how much) : Approve waiver
of fees for stage rental ($350 plus labor) for "An Old Fashion Family Picnic"
sponsored by West ATlantic Property Owners Association (non-~ofit grollp) to hp
held ::It Pomp~y P::Irk on ~at1)rd::lYJ Novpmh~r 2J991 from 10: 0.0 ::I m unt-;l 5'()() p m
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to waive fees for stage rental.
Department Head Signature:
Determination of Consistency wi Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
- .
PICNIC IN THE PARK
"An Old Fashion Family Picnic"
Saturday, November 2, 1991
10"00 - 5:00 p.m.
Pompey Park
Delray Beach, Fl
Sponsored by
West Atlantic Property Owners Assn
Music provided by 1040 FOXY all day
On Sta~e
Entertainment every hour
Speakers throughout the day
Drawings for donated gifts every hour
Inside
College representatives
Private Industry Council
Chamber of Commerce
Voter registration
City information
Loan and fixup information
Drug prevention information
Adult education and GED informauion
Kid photo ID presented by Police Dept.
Fire Department represenative
Outside
Food Booths rin~ toss Clown
Moonwalk penny pitch face paintin~
Dunk Tank target practice pony ride
Competitions
Pie eating contest basketball
three legged race volleyba 11
spoon race tennis
sack race swimming
broad jump
horseshoes
Tug of War
",..,
- -
<VVe:1i; d/-tlantia (Pwfu'tt!} DwlU't~ d/-~UJC!iation
PD. !Box 60'1
:1Jd~ !B~, gfow1a. 33444 ' ",_
Parks and Recreation
Delray Beach. Fl
The attached schedule is a basic plan for our Old Fashio~ Pic~ic.
Our aim is to involve the entire community in this eve~t. We
will be passing out door hangers to the community. Plus FOXY
will be advertising the event for a month. They are not charging
us for the advertising or for their services for the day. We are
calling on our merchants to donate prizes. Since we are a non-
profit organization we hope the city will wave the cost of the
sta~e and labor. We have security donated.
We hope this event will bring the community closer together and
create a community spirit. We need this in our town. We want
families to participate in the games to~ether. We are goin~ to
furnish as much information as possible about the town and the
available programs that will make life better for our residents.
If you need further information please call 276-1715.
;7~
Carolyn Zi rman
Vice Presi ent
West Atlantic Property Owners Assn
"..,
,
MEMORANDU~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt1!V1
SUBJECT: AGENDA ITEM # sr)1l - MEETING OF OCTOBER 8, 1991
RESOLUTION NO. 75-91
DATE: October 4, 1991
This is a resolution assessing costs for abating nuisances on 40
properties located within the City. This resolution sets forth actual
costs incurred and provides the mechanism to attach liens on these
properties should the assessments remain unpaid.
Recommend approval of Resolution No. 75-91.
'~I*
RESOLUTION NO. 75-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; , SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the ex~s-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
Owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Drdinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two ( 42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner (s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
I WHEREAS, the City of Delray Beach, through the City Administra-
I tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
! pursuant to.Chapter 100 of the Code of Ordinances of the City of De1ray
I ~each, subm~ tted to the City Commission a report of the costs incurred
~n abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s) ,
.
,''',j
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City I s cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcells) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law. :
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight ( 8) percent per annum plus, if collection proceedings are
necessary, the costs of' such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
I the rate of 8 %, and collection costs including a reasonable attorney 's
I fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 75-91
.
"'"
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 6, BLK 9, ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 50.00
PB 14, P 53, PUBLIC RECORDS, E. & DELORIS JOHNSON, JR. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 322 NW 3RD STREET (RECORDING)
(SW 11TH AVENUE) BOYNTON BEACH, FL 33435
LOT 1, BLK 6, ATLANTIC GARDENS, RIDLEY TEMPLE CHURCH OF $ 12.00
PB 14, P 53, PUBLIC RECORDS, GOD IN CHRIST 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 102 SW 12TH AVENUE (RECORDING)
(SW 12TH AVENUE) DELRAY BEACH, FL 33444
LOT 51, REPL OF PT OF BREEZY SABEH E. & ZEINA S. $ 34.00
RIDGE ESTATES, PB 24, P 116, ABOUISSA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 2300 NW 2ND STREET (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33445
(2300 NW 2ND STREET)
LOT 2, BLK A, CARVER MEMORIAL JULIA SIMMS $ 60.00
PARK, PB 20, P 56, PUBLIC 204 NW 13TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 ( RECORDING)
(204 NW 13TH AVENUE)
S150.1' OF W135.1' OF BLK 26, FRED MC COY $ 65.15
TOWN OF DELRAY, PB 5, P 64, 4959 NW 15TH COURT 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 (RECORDING)
COUNTY, FL
(NW 2ND ST & NW 5TH AVE)
LOTS 2 & 3, BLK 8, OSCEOLA PRESTON V. & SARAH $ 94.00
PARK, PB 3, P 2, PUBLIC WILLIAMS 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 1119 W 26TH STREET (RECORD ING)
(706-708 & 710-712 SE 4TH AVE) RIVIERA BEACH, FL 33404
LOTS 5 & 6, BLK 8, OSCEOLA DOUGLAS M. & LAURA B. $502.00
PARK, PB 3, P 2, PUBLIC KNIGHT 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 722 SE 4TH AVENUE ( RECORD ING)
(722 SE 4TH AVENUE) DELRAY BEACH, FL 33483
LOT 3, BLK 5, SOUTHRIDGE, ANDRENOR VIL $ 8.00
PB 13, P 38, PUBLIC RECORDS, DIEU-SEUL VIL 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 401 SOUTHRIDGE ROAD (RECORDING)
(401 SOUTHRIDGE ROAD) DELRAY BEACH, FL 33444
E20' OF LOT 106 & W40' OF LOT SHARON A. CUNNINGHAM $100.00
107, DELRAY MANOR ADDITION TO A/K/AI SHARON A. CUSHINE 70.00 (ADM. COST)
DELRAY, PB 12, P 59, PUBLIC 607 SW 9TH STREET (RECORDING)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(607 SW 9TH STREET)
-3- Res. No. 75-91
",,'
"."
LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 28.00
HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 26 SW 5TH AVENUE (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33444
(NW 10TH AVENUE)
LOT 15, BLK 95, LINN'S ADD TO GABE & CINTHIA BANFI $ 24.00
OSCEOLA PARK, PB 1, P 133, C/O BANFI REALTY 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 807 NE 8TH STREET (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33483
(SE 4TH AVENUE)
LOTS 6 & 7, BLK 95, LINN'S ADD MANUEL T. MOREDA, JR. $ 24.00
TO OSCEOLA PARK, DELRAY, PB 1, MANUEL E. MOREDA 70.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM P.O. BOX 1953 (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33447
(223 SE 3RD AVENUE)
LOTS 13 & 14 (LESS S20'), BLK LISA M. WEBB $ 91. 00
60, TOWN OF DELRAY, (OLD 1561 S. CONGRESS AVE #187 70.00 (ADM. COST)
SCHOOL SQUARE HISTORIC DELRAY BEACH, FL 33445 (RECORDING)
DISTRICT), PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(WEST ATLANTIC AVENUE)
LOT 22,BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 78.00
PB 6, P 97, PUBLIC RECORDS, 317 SW 5TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(SW 4TH AVENUE)
LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 28.00
DELRAY, PB 13, P 18, PUBLIC P.O. BOX 66 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL INKSTER, MI 48141 (RECORDING)
(SW 6TH AVENUE)
LOT 17, BLK, 1, ATLANTIC PARK ELKANAH HEPBURN $ 50.00
GARDENS, DELRAY, PB 14, P 56, 1500 N. CONGRESS AVE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH APT #C-9 (RECORDING)
COUNTY, FL W. PALM BEACH, FL 33401
(NW 13TH AVENUE)
S50' OF N100' OF W135' OF BLK ALFRED BOSTWICK $ 95.00
20, TOWN OF DELRAY, PB 1, P 3, 1320 PROSPECT STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(NW 6TH AVENUE)
S50' OF N200' OF E135' OF BLK MINNIE NEWMAN $ 65.00
10, TOWN OF DELRAY, PB 1, P 3, C/O OSCAR NEWMAN 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1479 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33447
(NW 6TH AVENUE)
-4- Res. No. 75-91
",,'
'"
N58' OF S312.12' OF E 135' OF IVERSON LASTER $ 50.00
BLK 10, TOWN OF DELRAY, PB 1, 511 NW 2ND STREET 70.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(NW 6TH AVENUE)
LOTS 11 THRU 16, BLK 35, DEL STANLEY M. & $ 83.75
RATON PARK, PB 14, P 9, PUBLIC BARBARA C. LEVY 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 875 SOLDIER HILL RD (RECORDING)
(FREDERICK BLVD.) ORADELL, NJ 07649
LOTS 1 TO 5 INC., (LESS W38' STANLEY M. LEVY $161.23
ST R/W) & ABANDONED 10' ALLEY 875 SOLDIER HILL RD 23.34 (ADM. COST)
E OF & ADJ THERETO, BLK 24, ORADELL, NJ 07649 (RECORDING)
DEL RATON PARK, PB 14, P 9,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(FREDERICK BLVD.)
LOTS l3 TO 22 INC., & E 1/2 STANLEY M. & $161.21
OF ABNDED ALLEY LYG W OF & ADJ BARBARA C. LEVY 23.33 (ADM. COST)
THERETO, BLK 24, DEL RATON 875 SOLDIER HILL RD (RECORDING)
PARK, PB l4, P 9, PUBLIC ORADELL, NJ 07649
RECORDS, PALM BEACH COUNTY, FL
(FREDERICK BLVD.)
LOTS 23, 24 & W 1/2 OF ABNDED STANLEY M. LEVY $161.21
ALLEY LYG E OF & ADJ THERETO, 875 SOLDIER HILL RD 23.33 (ADM. COST)
BLK 24, DEL RATON PARK, PB 14, ORADELL, NJ 07649 (RECORDING)
P 9, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(FREDERICK BLVD.)
LOT 12, LINCOLN PARK, DELRAY, SAMUEL JONES $ 75.00
PB 23, P 160, PUBLIC RECORDS, 914 SW 1ST STREET 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(145 SW 10TH AVENUE)
LOT 21 & N 1/2 OF LOT 22, BLK V.C. & A.P. NOCERA TRUST $100.00
87, LINN'S ADD TO OSCEOLA 626 WEST DRIVE 70.00 (ADM. COST)
PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 ( RECORDING)
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(236 SE 3RD AVENUE)
W35' OF E135' OF N100' & S50' ETHEL BAIN $ 44.00
OF N100' OF E35.5' OF W135.5' C/O G. H. BAIN 70.00 (ADM. COST)
OF BLK 31, TOWN OF DELRAY, 545 NW 5TH STREET ( RECORDING)
PB 1, P 3, PUBLIC RECORDS, BOYNTON BEACH, FL 33435
PALM BEACH COU&TY, FL
(SW 2ND STREET)
-5- Res. No. 75-91
",,'
,,,.,
. .
LOTS 49 & 50 (LESS S10'), ANPE INC. $991.00
SUNSET PARK, DELRAY,PB 12, P.O. BOX 3215 70.00 (ADM. COST)
P 65, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33424 (RECORDING)
BEACH COUNTY, FL
(MANGO DRIVE & SW 10TH ST)
LOT 19, SUNDY & TENBROOK ADD. J. E. & KAY B. WOMACK $ 32.00
TO DELRAY, PB 12, P 32, PUBLIC P.O. BOX 2493 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 RECORD ING)
(SW 4TH AVENUE)
LOT 53, SUNSET PARK, DELRAY, SUN BANK/SOUTH FLORIDA NA $ 64.00
PB 12, P 65, PUBLIC RECORDS, C/O JACK F. WEINS 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 2255 GLADES RD (RECORDING)
(l021 MANGO DRIVE) BOCA RATON, FL 33022
LOT 54, SUNSET PARK, DELRAY, THOMASA R. 9RUZ $201.00
PB 12, P 65, PUBLIC RECORDS, 409 NW 7TH COURT 35.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 (RECORD ING)
(MANGO DRIVE)
LOT 55, SUNSET PARK, DELRAY, TOMASA R. CRUZ $201. 00
PB 12, P 65, PUBLIC RECORDS, 409 NW 7TH COURT 35.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 (RECORD ING)
(MANGO DRIVE)
THE PT OF LOT 20 LYG E OF CONGRESS ASSOCIATION $286.00
CONGRESS AVENUE/LESS E468.31' 2455 E.SUNRISE BLVD #1106 70.00 (ADM. COST)
S OF LAKE IDA RD & N OF CNL FT.LAUDERDALE, FL 33304 ( RECORDING)
L32, BLK 1, DELRAY SHORES,
PB 24, P 233, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(CONGRESS AVE & LAKE IDA RD)
LOTS 21 & 22, BLK C, RIDGEWOOD DOLORES BORREGO $ 84.00
HEIGHTS, DELRAY, PB 14, P 44, 1101 SW 8TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(SW 7TH AVENUE)
LOT 1, BLK 2, FAIRLAWN, PB 25, L.E. & LILLIE M.STRAINGE $ 48.00
P 159, PUBLIC RECORDS, PALM 312 NW 10TH AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(127-129 NW 13TH AVENUE)
N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $100.00
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33461 (RECORDING)
(SE 1ST STREET & SE 2ND AVE)
LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $ 85.00
PB 24, P 233, PUBLIC RECORDS, P.O. BOX 3102 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (RECORD ING)
(3425 DORSON WAY)
-6- Res. No. 75-91
,,,,'I
. . ' .
LOT 13 (LESS E4') & E 1/2 OF WILLIAM & CHRISTINE BROWN $ 50.64
ABNDED ALLEY LYG WLYOF & ADJ 1108 LAKE DRIVE 23.34 (ADM. COST)
THERETO, PINEVIEW, DELRAY, DELRAY BEACH, FL 33444 (RECORDING)
PB 12, P 89, PUBLIC RECORDS"
PALM BEACH COUNTY, FL
(NW 1ST AVENUE & NW 9TH ST)
E4' LOTS 13 & 14, PINEVIEW, WILLIAM & CHRISTINE BROWN $ 50.62
DELRAY, PB 12, P 89, PUBLIC 1108, LAKE DRIVE 23.33 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 ( RECORD ING)
(NW 1ST AVENUE & NW 9TH ST)
LOT l5 & E 1/2 or ABND ALLEY WILLIAM & CHRISTINE BROWN $ 50.62
LYG WLY OF & ADJ THERETO, 1108 LAKE DRIVE 23.33 (ADM. COST)
PINEVIEW, DELRAY, PB 12, P 89, DELRAY BEACH, FL 33444 ( RECORDING)
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(NW 1ST AVENUE & NW 9TH ST)
W35' OF E135' OF N100' AND ETHEL BAIN $ 24.00
S50' OF N100' OF E35.5' OF C/O G. H. BAIN 70.00 (ADM. COST)
W135.5' OF BLK 31, TOWN OF 545 NW 5TH STREET (RECORDING)
DELRAY, PB 1, P 3, PUBLIC BOYNTON BEACH, FL 33435
RECORDS, PALM BEACH COUNTY, FL.
(SW 2ND STREET)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Res. No. 75-91
,~'"
,",'
. -- ".
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUB,TECT: AGENDA ITEM 11 !r - MEE'tItiG_._QF OCTOBER 8. 1991
RESOLUTION NO. 76-91
DATE: October 4, 1991
This is a resolution assessing costs to demolish a deteriorated fence
on a vacant lot on N.W. 5th Avenue. This resolution sets forth the
actual cost incurred and provides the mechanism to attach a lien on
this property should the assessment of $759 remain unpaid.
Recommend approval of Resolution No. 76-91.
."
. .
RESOLUTION NO. 76-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A D,UE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of De1ray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
."
.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after ,mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City ox Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum pluS reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
. - 2 - Re s. No. 76 - 91
."
.
NOTICE OF ASSESSMENT
Date
TO: Leonard Davis
.
ADDRESS: c/o General Delivery, VA Branch PO, Los Angeles, CA 90073
PROPERTY: vacant lot on NW 5th Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTION: S30' of Lot 6, Block 28, Town of Delray according to Plat Book
I, Page 3 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of$759.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 5-29-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the ~nsafe condition existing on the above-described property on 9-12-91
at a cost of $759.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
""
. , .
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~~
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # ~:r - M~~TING OF OCTOBER 8, 1991
RESOLUTION NO. 77 -91
DATE: October 4, 1991
This is a resolution vacating and abandoning a portion of a 16 foot
alley lying within Block 28, Town of Linton in conjunction with the
Mount Olive Missionary Baptist Church expansion project. This action
is required as a condit ion of site plan and final plat approval for
this property. The abandonment request has been properly prepared and
processed. While there are no objections to the proposed abandonment,
it is necessary that a replacement ingress/egress easement be provided
to the public in order to maintain access rights and that utility
easements be provided to all utilities that exist at present. These
replacement easements are being provided via replat.
The Planning and Board at their April 15, 1991 meeting recommended
approval of the abandonment subject to conditions. Subsequently, those
conditions have been met and Commission action is now appropriate.
Recommend approval of Resolution No. 77 -91.
...
, .
+ ----
RESOLUTION NO. 77-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN ALLEY LYING WITHIN BLOCK 28, TOWN OF
LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, Masonic Lodge #275 is the fee-simple owner of Lot 1,
Block 28, Town of Linton; and,
WHEREAS, Mount Olive Missionary Baptist Church is the
fee-simple owner of Lots 2, 7 & 8, Block 28, Town of Linton; and,
WHEREAS, Alvaro Vera, Agent, representing the Mount Olive
Missionary Baptist Church, has made application for abandonment of a
portion of an alley lying within Block 28, Town of Linton; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon a portion of said alley,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
That part of the alley right-of-way in Block 28, Map
of the Town of Linton (now Delray Beach), according to
the Plat thereof recorded in Plat Book 1, Page 3,
(Sheet 2) of the Public Records of Palm Beach County,
Florida, bounded as follows:
On the west by the east line of Lots 1 & 2, Block 28;
on the north by the easterly extension of the north
line of said Lot 1, Block 28; on the east by the west
line of Lots 7 & 8, Block 28 and on the south by the
westerly extension of the south line of said Lot 8.
The subject property is located on the south side of
N.W. 1st Street, between N.W. 4th Avenue and N.W. 5th
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991.
MAY 0 R
ATTEST:
City Clerk
.
'II'
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ATLANTIC AVENUE
MT. OLIVE MISSIONARY BAPTIST CHURCH
ABANDONMENT
. N
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,,,'.
1"1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
~NI~G & ZONING DEPT.
~~~\J~
THRO . _ . , DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991 **CONSENT AGENDA**
ABANDONMENT OF ALLEY, MT. OLIVE MISSIONARY BAPTIST
CHURCH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of the alley which is centered
within the properties of the Mt. Olive Missionary Baptist
Church, located between N.W. 4th & N.W. 5th Ave., south of
N.W. 1st Street.
BACKGROUND:
This abandonment has been required as a condition of approval of
the site plan approval. The abandonment request has been
properly prepared and processed. While there are no objections
to the proposed abandonment, it is necessary that a replacement
ingress/egress easement be provided to the public in order to
maintain access rights and utility easement be provided to all
utility providers that exist at present. These replacement
easements are being provided for on the replat of the subject
properties.
The final plat for Mt. Olive is being presented for approval
concurrent with this abandonment as noted on the agenda.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board reviewed this petition at their
meeting of April 15, 1991. The board recommended approval with
the following conditions;
1. Provision of the replat for the Church properties.
"'1
2. Provision of the ingress/egress and general utility
easements on the replat.
3. Provision of the conditions of the site plan.
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Page 2
city Commission Documentation
Abandonment of alley, Mt. Olive Missionary Baptist Church
FINDINGS:
Pursuant to L.D.R. section 2.4.6(0)(5) the following findings are
stated in order to approve an alley right of way abandonment;
(a) That there is not, nor will there be, a need for the use
of the right of way for any public purpose (Policy A-6.3 of the
Traffic Element).
(b) That the abandonment does not, nor will not, prevent
access to a lot of record.
(c) That the abandonment will not result in detriment for
the provision of access and/or of utility services to adjacent
properties or the general area.
All three findings have been meet.
RECOMMENDED ACTION:
By motion, adoption of Resolution -91.
Attachments:
* Location sketch
* Copy of cover of P&Z staff report
* Resolution to be provided by City Clerk
ked:#lOccmtol.
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF 'REPORT ---
---...=
MEETING DATE: April 15, 1991
AGENDA ITEM:
ITEM:
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GENERAL DATA:
Owner...........................City of Delray Beach, Florida
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Al varo Vera, representing
Mt. Olive Missionary Baptist
Church
Location........................On the Southwest corner of N.W. 4
Avenue and N.W. 1 Street.
Property Size...... .............1.63 Acres
City Land Use Plan..............Redevelopment Area #1
City Zoning.....................R1A (Single Family Residential)
and GC (General Commercial).
Adjacent Zoning.................Land to the East of the subject
property is zoned RIA. Land to
the South and the West is zoned
GC. Land to the North is zoned
both GC & RIA.
Existing Land Use...............Church
Proposed Land Use...............Church Addition
Water Service...................2" water main along N.W. I Street
and a 20" water main along N.W. 4
Avenue.
Sewer Service.................. .8" sanitary sewer line along N.W.
I Street and a 8" line along N.W.
4 Avenue.
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MEMORANDUtl
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[~
SUBJECT: AGENDA ITEM II tl< - MEETING OF OCTOBER 8, 1991
FINAL PLAT APPROVAL/MOUNT OLIVE MISSIONARY BAPTIST CHURCH
DATE: October 4, 1991
This is a request for approval of a boundary plat for properties
owned by Mount Olive Missionary Baptist Church located on the southwest
corner of N.W. 4th Avenue and N.W. 1st. Separately on your agenda is a
request for the abandonment of a portion of a 16 foot alley way which
lies west of Lots 7 and 8, which is included in this plat. The plat
includes two parcels. Parcel 1 (Lots 2,3,7, and 8, Town of Linton and
the abandoned alley right-of-way) accommodates the existing 5,935
square foot church use, proposed 13,604 square foot expansion and
church parking. Parcel 2 (Lots 10, 11, and 12, Town of Linton)
contains an off-site church parking lot. All conditions have been
addressed and the plat is ready for Commission approval.
This final plat action is required as a condition of site plan
modification approval as recommended by the Site Plan Review and
Appearance Board at their August 14, 1991 meeting.
Recommend approval of final plat for Mount Olive Missionary Baptist
Church.
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C.ITY COMMISSION d(
~
CITY OF DELRAY BEACH ---STAFF REPORT--- .
--'
MEETING DATE: October 8 , 1991
AGENDA ITEM: .
ITEM: Final Plat For Greater Mt. Olive Missionary Baptist Church
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GENERAL DATA:
Owner........ ...................Greater Mt. Olive Missionary
Baptist Church
Agent....... ....................Alvaro Vera
Location........................On the Southwest corner of N.W. 4
Avenue and N.W. 1 Street.
Property Size...................1.63 Acres
City Land Use Plan..............Redevelopment Area #1
City Zoning.....................CF (Community Facilities)
Adjacent zoning.................Land to the East and North of the
subject property is zoned R1-A.
Land to the South and the West is
zoned GC.
Existing Land Use...............Church
Proposed Land Use...............Church addition.
Water Service...................2" water main along N.W. 1 Street
and a 20" water main along N.W. 4
Avenue.
Sewer Service.. ....... ..........8" sanitary sewer line along N.W.
1 Street and a 8" line along N.W.
4 Avenue.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: Dr!. T. HARDEN, CITY MANAGER
(u,L~
FROM: PAUL DORLING, ANNER II
DEPARTMENT OF ANNING AND ZONING
~~~~
THRU: . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF OCTOBER 8, 1991
FINAL PLAT FOR GREATER MT. OLIVE BAPTIST CHURCH
ACTION REQUESTED OF THE CITY COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Mt. Olive Missionary Baptist
Church.
BACKGROUND:
The boundary plat consists of Lots 2,3,7,8,10,11,and 12, of Block
28 of the Town of Linton plat along with the 16' alley which lies
west of lots 7 and 8. The subject property is located at the
southwest corner of N.W. 4th Avenue and N.W. 1st Street.
For complete background history on the Mt. Olive Baptist Church
refer to the staff report prepared for the Site Plan Review and
Appearance Board site plan approval action of August 14, 1991.
On February 25, 1991 the Planning and Zoning Board reviewed and
recommended approval of a rezoning for the property from R-1A and
GC (General Commercial) to CF (Community Facilities). The City
Commission approved the rezoning on March 26, 1991.
A minor modification to the Conditional Use (church expansion)
was reviewed and approved by the Planning and Zoning Board on
February 25, 1991. On April 25, 1991 an associated alley
abandonment abutting Lots 7 and 8 was reviewed and recommended
for approval by the Planning and Zoning Board. Final action on
the alley abandonment is before you on the same agenda.
A Site Plan modification (church expansion) was reviewed and
approved by the SPRAB (Site Plan Review and Appearance Board) on
August 14, 1991. Platting of the property was a condition of
approval and is now before the City Commission for final action.
"..,
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City Commission Documentation
Final Plat for Greater Mt. Olive Baptist Church
Page 2
DEVELOPMENT PROPOSAL:
The proposal before you is a boundary plat for properties owned
by Mt. Olive Missionary Baptist Church and a portion of an
adjacent 16' alley proposed for abandonment. The plat includes
two (2) parcels with Parcell (Lots 2, 3, 7 and 8, Town of
Linton)accommodating the existing 5,935 sq. ft. church use,
proposed 13,604 sq. ft. expansion, and church parking. Parcel 2
(Lots 10, 11 and 12, Town of Linton) contains an off-site church
parking lot. All conditions have been addressed and the plat is
ready for City Commission approval.
PLANNING AND ZONING BOARD CONSIDERATION:
Pursuant to Section 2.4.5(K) this request is considered a minor
subdivision requiring approval by the City Commission only.
REQUIRED FINDINGS
SECTION 3.1.1 (Performance Standards)
Prior to the approval of development applications, certain
findings must be made in a form which is part of the official
record. Findings shall be made by the body which has the
authority to approve or deny the development application. These
findings relate to the following four areas; Concurrency,
Consistency with the Future Land Use Map, Compatibility with the
Comprehensive Plan Policies and Compliance with Land Development
Regulations.
A positive findings were made for each item by the Planning
and Zoning Board with Conditional Use approval and the Site
Plan Review and Appearance Board with site plan approval.
SECTION 3.3.3 (Standards for site plan/plat action):
The standards for site plan/plat action were discussed in the
Site Plan Review and Appearance Board staff report of August 14,
1991. A copy may be obtained from the Planning Department. A
positive finding was made for each standard.
SECTION 2.4.S(K)(S) (Minor Subdivision Findinqs):
Pursuant to Section 2.4.5(K)(5) a finding must be made by the
City Commission that the final plat is consistent with the
findings made upon approval of the site and development plan.
The final plat is consistent with the site and development plan
findings.
.
City Commission Documentation
Final Plat for Greater Mt. Olive Baptist Church
Page 3
RECOMMENDED ACTION:
Approve the final plat for Mt. Olive Missionary Baptist Church
upon positive findings with respect to Section 3.1.1, Section
3.3.3, and Section 2.4.5(K)(5).
Attachment:
* Reduction copy of the plat.
PD/#42/CCOLIVE.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ()CITY MANAGER
SUBJECT: AGENDA ITEM #~- MEETING OF OCTOBER 8, 1991
CANCELLATION OF SERVICE AUTHORIZATION NO. 15/POST, BUCKLEY,
SCHUH AND JERNIGAN
DATE: October 4, 1991
Service Authorization No. 15 provided for design, permitting, and
engineering services during construction for the replacement of the
Master Wastewater Pump Station at Veteran's Park. Subsequent to the
start of this project staff asked Post, Buckley, Schuh and Jernigan and
P.E.C. for a written preliminary analysis of this project. According
to the data received staff is recommending that Service Authorization
No. 15 with PBS&J be cancelled. Additionally, Post, Buckley, Schuh and
Jernigan had indicated that they could not complete the project for the
awarded price of $154,450 and that they were going to seek an
increase. To date approximately $8,531.91 has been expended under this
service authorization for preliminary reports, surveys and testing. The
contract was originally authorized in May 1990 and was to be completed
within 120 days. We are now well past that time period.
Recommend Service Authorization No. 15 to the contract with Post,
Buckley, Schuh and Jernigan be cancelled.
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AUTHORIZATION NO. L1- TO AGREEMENT
Entered Into and Between
CITY OF DELRA Y BEACH, FLORIDA
100 N. W. 1st Avenue
Delray Beach, Florida, 33444
Dated February 1,1989
And
POST, BUCKLEY, SCHUH &: JERNIGAN, INC.
5300 West Cy[)ress Street, Suite 300
Tam[)a, Florida 33607
For
Re[)lacement of the Master Wastewater Pump Station
Post, Buckley, Schuh &: Jernigan, Inc. (ENGINEER) shall provide professional
engineering services, as hereinafter described, to the City of Delray Beach (CITY)
for the design, permitting, and services during construction for the replacement of
the Master Wastewater Pum[) Station.
1.0 BACKGROUND
Proiect Description/Scope of Desit:;n
The Master Wastewater Pum[) Station, located in Veteran's PRrk at the northwest
corner of Atlantic Avenue and the Intracoastal Waterway, conveys the majority of
the wastewater generated in the City of Delray Beach to the Regional Wastewater
Treatment Plant. A number of [)roblem conditions exist at this pum:;Jing facility,
and a [)reliminary design re[)ort was [)re[)ared in late 1!l89. Trc report
recommended re[)lacement of the station and recently [)ro[)osed modifications to
Veteran's Park will also require the relocation of the station. This authorization
will [)rovide for the design, permitting, bidding, engineering during construction ann
resident services of the re[)lacement station.
2.0 SCOPE OF SERVICES
2.1 PRELIMINARY ENGINEERING REPORT
A [)reliminary engineering report was previously prepared identifying feasible
o[)tions for the Master Wastewater Pump Station. The recommended o[)tion of
replacing the existing station with a submersible station will be reviewed. Any
changed conditions that might im[)act this option will also be reviewed including
any required alternatives. Following review, comment and approval by the CITY,
the revised preliminary engineering re[)ort will be used as the basis of design for
the master [)ump station.
2.2 SURVEYING
Surveying of the area within Veteran's Park, where the ['urnI.' station will be
located, will include a site survey identifying to[)ogra[)hy and existing features,
horizontal and vertical control. The level of detail in identifying existing
underground facilities will depend u[)on the availability and accuracy of record
drawings [)rovided by the CITY, as well as other agencies and private utilities, and
the feasibility of ex[)osing existing facilities for location in the i:eld.
2.3 DESIGN PHASE SERVICES
Final design, based u[)on the [)reliminary engineering re[)ort as approved by the
CITY and consistent with a[)[)licable Federal, State and local regulatory agency
requirements, will consist of engineering drawings, technical speci::cations and
contract documents. These documents will be submitted to the CITY for review at
the 60 [)ercent and 90 [)ercent stage of completion. The design will i:1clude
replacement of the existing [)ark restrooms. if in conflict with staticn location and
architectural enhancement of the station.
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2.4 PERMITTING
The ENGINEER will prepare and furnish to the CITY, for. their ~xe~ution and
submittal necessary environmental regulatory agency permit applIcatIOns along
with req~ired documentation and will Dursue each Dermit on behalf of the CITY.
Actual building ~ermits will be secured by the Contractor.
2.5 BID PHASE SERVICES
The ENGINEER will advertise the ~roject for bids, resDond to bidders' questions
during the bidding Drocess, issue addenda if required, attend the ?i? op~ning,
preDare a bid tabulation and recommend to the CITY the lowest qualified bidder.
The CITY agrees that the ENGINEER may charge prosDective bidders a
non-refundable payment to cover printing and handling costs of the document.
2.6 BASIC SERVICES DURING CONSTRUCTION
Engineering services during construction will include project mc.nagement,
coordination with the CITY and the contractor, responding to questions by the
contractor during construction, review and approval of shOD drawings, site visits
(10) by the Droject engineer during critical phases of construction,. review and
approval of pay requests.
2.7 RESIDENT CONSTRUCTION SERVICES
During construction oDerations, the ENGINEER's resident project re[)resentative
will be on-site to provide construction observation and coordinate [)rojec t
administration. Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the resident Droject
representative, the ENGINEER will endeavor to provide further protecEon for the
CITY against defects and deficiencies in the work. However, in Droviding resident
project services, the ENGINEER nor its staff will be responsible for the means,
methods, techniques, or procedures of construction selected by the cOr".tractor or
for safety precautions and programs incident to the work of the contractor or for
any failure of the contractor to perform the construction worl< in nccordance with
the Contract Documents. It is anticipated that resident construction services will
be required for the proposed 24-week construction period, with the Contractor
responsible for reimbursement of any inspection overtime.
2.8 FINAL CERTIFICATION AND START-UP SERVICES TO INCLUDE
Services to include certification of the project upon construction completion nnd
preparing record drawings for the project based upon marked-up drawings
maintained by the contractor. A set of reproducible mylar record drawings will be
delivered to the CITY upon completion of the project.
2.9 ADDITIONAL ENGINEERING SERVICES
Additional engineering services, which may be necessary for completion of the
design of the project or which may be requested by the CITY and are not
specifically included in this scope of services, will be performed by the ENGINEER
on a time plus reimbursables basis, when such additional services are nuthorized by
the CITY at an agreed upon fee. Assist in providing post start-up personnel
training, i.e. on-site training given to the Dlant operation and maintenance
Dersonnelon the operation and control of the new.facilities, to the limit of six (6)
hours of senior engineer time. Start-up training shall include field and office
train.ing by selected equiDment manufacturers on their respecUve equipment
sUDDlied.
3.0 CITY'S RESPONSmILITIES
a. Provide coordination with other CITY deDartments which may have
information on or will review this project.
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b. Provide timely review and approval of submittals by ENGINEER.
c. Pay all permit application fees.
d. Provide all available data, details, drawings and other information
relating to existing or proposed CITY facilities.
4.0 COMPENSATION
Compensation for engineering services shall be based upon the AGREE:i!ENT
entered into and between the CITY and ENGINEER on June 10, 1985 for Additional
Services and latest AMENDMENT February 1, 1989.
2.1 PRELIMINARY ENGINEERING REPORT $ 1,818.00
2.2 SURVEYING AND SOILS TESTING 10,318.00
2.3 DESIGN PHASE SERVICES 45,158.00
2.4 PERMITTING 5,226.00
2.5 BID PHASE SERVICES 4,833.00
2.6 BASIC SERVICES DURING CONSTRUCTION 33,631. 00
2.7 RESIDENT CONSTRUCTION SERVICES 49,236.00
2.8 FINAL CERTIFICATION AND START UP 6,231.00
2.9 ADDITIONAL ENGINEERING SERVICES
TOTAL $ 156,450.00
5.0 TIME OF SERVICE
It is estimated that, upon written authorization to proceed, the Preliminary
Engineering Report review would be completed within 30 calendar days. Following
receipt of written comments and approval from the CITY for the report, it is
estimated that the Final Design Phase could be completed and the project ready to
release for bidding in 120 calendar days. This time of completion assumes a
maximum cumulative review time of 10 calendar days for the CITY to review the
design documents at 60 percent and 90 percent stages of design and is contingent
upon timely receipt of all applicable regulatory agency permits and that any
easements required for the project will be obtained by the CITY.
IN WITNESS WHEREOF, the parties have accepted, made and executed
this AMENDMENT to AGREEMENT upon terms and conditions above stated on
this ::i4'1-n day of ....mf'illl , 1990.
/
For the ENGINEER: For the CITY:
BEACH
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Att"t,~ ~~ A t tested: Q .h~'-/'!fi f, J{;J f f7 II aWj
~ved as to Fo
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Da te: 10/3/91
CONSENT AGENDA
XX ~~~~x~~~~ ____Special Agenda ____Workshop Agenda
-
When: 10/6/91
Description of agenda item (who, what, where, how much)____
Request City Commission to cancel Service Authorization No. 15 with P.B.S. & J. for the
desiqn of the Veterans Park Master Sewage Pump Station.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommenda approval to cancel P.B.S.&J Service
Authorization No. 15.
Department Head Signature: /J)~~ o~"-ett:c~J
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
\ Q\\ Funding alternatives (if applicable)
, " Account No. & Description
~. Account Balance
" if'fO
1Jv4: I\J '-1 j{; city Manager Review: ~ k.. I>.....t- "-1? ....;i ~
- "\\/ · \&. ~ W t f1161.A.1 I 1fJ"^
\../'" - --
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~'<?' .J,,'. Approved. f?r agenda: NO ~
/ '>'1"' \ Hold Unt1.l.
"'") / " r' ,
/- / . , .
I / r-- Agenda Coordinator Review: t "
/ \. \
/ I Received:
, "
,
, (!), Action:
'. 4l Approved/Disapproved
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: VcITY MANAGER 8~ - MEETING OF OCTOBER 8 ,
SUBJECT: AGENDA ITEM 11 1991
SERVICE AUTHORIZATION NO. 2/ P.E.C.
DATE: October 4, 1991
This a service authorization in the amount of $190,330 for professional
engineering services to provide construction plans, specifications, and
related bidding documents for demolition and construction of a new
Master Pump Station at Veteran's Park.
The scope of service for this authorization includes, preliminary
design work, final design, bidding assistance and construction phase
assistance. Funding is available in 1991 Revenue Bond/Construction
Engineering Services (447-5166-536-33.11).
Recommend approval of Service Authorization No. 2 in the amount of
$190,330 with funding from 1991 Revenue Bond/Construction Engineering
Services (447-5166-536-33.11).
...
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.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 10/4/91
CONSENT AGENDA
-XL- R~w&~x~~~~ ____Special Agenda ____Workshop Agenda
When: 10/8/91
Description of agenda item (who, what, where, how much)_
Request City Commission to approve P.E.C. Service Authorization No.2 for professional
service to include preliminary and final design, bidding assistance and construction phase
assistance. Funding shall be from 447-5166-536-33.11 in the amount of $190,330.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No.2 to demolish
existing Master Sewage Lift Station at Veterans Park and construct a new submersible sewage
pump station with complete odor abatement equipment. ~
Department Head Signature: 4t/tp~o~__ _~
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds): ~NO
Funding available:
Funding alternatives (if arPlicable)
Account No. & Description 441-c;:\t0-~?0.-3~ EI\\4 SVO;
Account Balance
City Manager Review: ~
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
..
...
- PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRA Y BEACH
CONSULTINQ SERVICE AUtHORIZATION No. ~
DATE:
SERV(CE AUTHORIZATION NO. FOR CONSUL TINO SERVICES
ClTY P.O. NO. CITY EXPENSE CODE 447-'166-~~~-60.31
PROJECT NO.:
C[TY OF DELRA Y BEACH 90-5)5 PEC DB-03
TITLE: --.MASTER P.S.: DESIGN AND ~ONSl'RUC1l0N PHASE SERVICES -
This service authorization, when executed. shall be IncQrporated In and shall become an Integral part of
the Contract, Dated , by and between the City of Delray Beach and PEe.
l. PROJEC1 DESCRIPTION
The objective of this assignment is to provide construction plans, speclflcatlons and related bidding
documents for the construction of the new Master Pump Station for the City of Delray Beach. The new
Master Pump Station (MPS) wUl replace the existing station located within Veteran's Park at the
Intersection of East Atlantlc Avenue and the Intercoastal Waterway. The basis of this Scope of work and
design development for the MPS Is the Cit approved Letter Report prepared by PEC, September 11, 1991
"Veteran.s Park Master Pump Station, Alternative Cost and Constructability Evaluation" , with the following
City directed review changes (10/2/91):
. Restrooms deleted from MPS 'Building
. The new MPS Building layout shalt conform exactly to building "footprint" by Currie Schneider
Assoc. AJ.A.
. Odor control system shall consist of a two (2) stage wet scrubber followed by a a.A.C. Unlt.
. Four (4) pumps shall be provided in split wetwell (delete overhead monorail and superstructure).
Pumps shall be single speed with three pumps providing 7600 gpm.
. Wetwell to be located in parking lot with traffic bearing hatches.
. Demolition of existing MPS after acceptance and operation of new MPS.
n. SCOeE OF SERVlCES
Provide the de~ign and construction plans, specit1catlons and related bidding documents for the construction
of the new MPS. The development of this assIgnment consists of three (3) primary activities and sub-tasks
as follows:
A. freltD'1inary Desli(l: Evaluation of existing couditfotl!l. establish design criteria) ieot~hnlcal
Investigation, coordination with Veteran's Pack design, preparation of preliminary design drawlnis,
specifications and construction C.Qst estimate.
B. E1n~ Des.li.ol Preparation of Contract Drawings. specifications and final cost estimate, preparation
and submittal of FDER permit application, 30%,60% and 90% completion level reviews with City
Staff.
'NI~
. C. CQnstructlon Adminlstr.: Prepare pre<:onstructlon conference booklet, periodic site observation,
review shop drawlngs, attend monthly progress meeting. prepare change orders. review pay
requests, and close out.
Oetalled Scope of ServIces Is Included in Attachment NAN.
Ill. BUDGET
The following services shall be paid on the basis of the following methods in accordance with the Contract
Agreement, the total not to exceed $175,330 without further authorization from the City:
Task Activity Basis of ~m~lU ~-
1 Preliminary Design Lump Sum $ 14,000
2 Final Design Lump Sum 99,402
3A Bidding Assistance Hourly TIme Charges 10,830
38 Construction Phase Assistance Hourly Time Charges SI.09a
Budget Total $175,330
Detailed Manhour and Budget estimates are included in Attachment "B".
The Consultant shall be reimbursed for additional services not Included In the above basic fees, such as but
not limited to: special permitting, additional printing, property surveys, preparation of O&M Manuals and
resident services during constructlon~ not to excee<l an amount of Fifteen Thousand Dollars ($ 1 S,OOO).
These additional services shall be approved by the City, in writing, on an item per item basI!.
IV. COMPLETION DATa
The preliminary design activity shall be completed within 60 calendar days from Notice to Proceed and the
overall design activity shall be completed within 140 calendar daYlJ from the receipt of this fully executed
service authorization (Notice to Proceed) or from receipt of City provided information which will enable
PEe to proceed with this Scope of Work.
The remaining completion schedule for this assignment Is estimated as follows:
Bidding & Award of Contract: 45 Calendar days (rom Bid Advertisement by City
Construction Phase: 250 Calendar days from Construction Notice to Proceed
Detailed Completion Schedule is Included In Attachment "e".
T~is service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion
ot the services rendered in the prevIous phase or as encompassed by the previous service authorization. If the City
in its sole discretion Is unsatisfied with the services provided In the previous phase or service authorization, the City
may terminate the contract without Incurring any further lIabillty.
9
.:, . d t S : II l66t'H,'~jl SlN~llnSNOJ SNId33NISN3 1~NOISS3~Odd WOd~
""
FROt'1 P~:OFES::. IOtlAL EtlG I tlEER I HG COHSUL TRIHS 1 (). "" 3. 1 '3'~ 1 14: 25 P. E-
. . -'
APPROVED BY THE CITY OF PROFESSIONAL ENGINBERING
DELRA Y BEACH CONSULTANTS, INC.
DAY OF _ , 192t BY:
R. Crlli Batterson, P.E.
Type or Print
Pate: (SEAL)
CITY OF DELRA Y BBACH, a municipal
corporation of the STATE OF FLORIDA A TrEST:
BY:
MAYOR BEFORB ME, the foregoing instrument, this
_ day of . 1991, was
acknowledged by R. Cral~ Batterson ,
A ITEST: - .
a duly authorized officer of PrQ,fessIQn1\1
Enelneerlni Consultants, Inc.
BY; on behalf of the Corporati01l and said person
executed the same free and voluntarily for the
purpose therein expressed.
APPROVED AS TO PORM:
BY: WITNESS my hand and seal in the County and
City Attorney State aforesaid this _dayof, . 1991.
Notary Public
State of Florida
My Commission Expires:
(SEAL)
.',
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~ 0 - MEETING OF OCTOBER 8, 1991
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 4, 1991
This item is before you to approve the award of the following
bids and contracts:
1. Microfilming Services - Annual Contract - Leahy
Microfilming, Inc. , in the amount of $12,580 with
funding from Microfilm Expenses (Account No.
001-2721-524-33.45 and Account No. 001-2741-524-33.45)
2. Sodium Aluminate - Annual Contract - Vining
Industries, Inc. , in the amount of $199,767 with
funding from Water and Sewer Chemicals (Account No.
441-5122-536-35.18)
3. N.E. 8th Street/N.E. 3rd Avenue and Dixie Highway
Intersection Improvements - Florida Blacktop, Inc. , in
the amount of $173,552.50 with funding from Traffic
Operation - Account No. 334-3141-541-60.62
($42,039.00) , Decade of Excellence/Sidewalk N.E. 8th
Street - Account No. 225-3162-541-61.46 ($37,668.80) ,
Pipeline Repl/Upgrade - Account No. 447-5174-536-61.78
($20,000.00) and Decade of Excellence/Road
Reconstruction - Account No. 225-3162-541-61.17
($73,844.70)
Recommend approval of the above bids and contracts with funding
as indicated.
,,,..,
If"
.
Agenda Item No. :
AGENDA REQUEST
Date: September 30, 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: October 8, 1991
Description of agenda item (who, what, where, how much): Bid Award -
Microfilming Services For Community Improvement
Annual Contract
Bid #91-78
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to single bid, Leahy Microfilming Inc. at an estimated
annual cost of $12,580.
P /'
/1o~H4~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO
Funding alternatives: (if ~PliCable)
Account No. & Description: _OQI- 'L-l'Zl- 524. 36-4~ 001-2.1 1- ~ 1tk33-4~
Account Balance: ~lbCO.()() M \c,l2D~ILM c'lPe~~e
City Manager Review:
Approved for agenda: &/ NO ~<i-~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"','"
'"
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~dministrative Services 4/r
FROM: Ted Glas, Purchasing Officer
DATE: September 30, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 8, 1991 - BID AWARD - BID #91-78
MICROFILMING SERVICES - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to award a contract to Leahy
Micrographics Inc. at an estimated annual cost of $12,580. Per the
Budget Office, funding is from:
( ) .
Background:
The Community Improvement Department has need of an annual contract
for microfilming services with funding from their operating expense
budget.
Bids for this contract were received on August 21, 1991 from only
one (I) vendor, all in accordance with City purchasing procedures.
(Bid #91-:-78. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
Because of the single bid, other vendors were called to determine
why they did not bid. Their responses are on attached sheet, for
your review.
The prices offered by Leahy Micrographics are the same prices as bid
to us two (2) years ago, and are therefore considered to be fair and
reasonable.
The Community Improvement Director has reviewed this bid, and
recommends award, per attached memo.
Recommendation:
Staff recommends award to Leahy Micrographics Inc. at an estimated
annual cost of $12,580.
Attachments:
Tabulation of Bids
Vendor Response Sheet
Recommendation from Community Improvement
pc Lula Butler
8'- 0.-/
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Bid #91-78 Microfilm Services Annual Contract
Vendors who requested bid package and did not respond :
1) Imagetech
Dow Dell 1-800-273-0297
"Did not respond due to being unable to do the 35mm work requested
in bid specifications"
2) MICOR
Joseph Capewell 1-813-872-1536
"No bid. We are located in Tampa and is to far from Delray to service
you"
3) Florida Data Bank
Joe Baghohn 1-813-965-3691
"Never did receive your bid" "You have my correct address, I did not
follow up on it after I called for bid package."
4) J. Clifford Mac Donald entre
Leon Anderson 1-813-870-1300
"Do not know why our salesperson did not respond to your bid"
(Have placed two calls and still waiting for respons~
.
)
,
~
M E M 0 RAN DUM
TO: Lula Butler, Director of Community Improvement
FROM: Jackie Rooney, Bid Specialist cr-
DATE: August 21, 1991
SUBJECT: Microfilm Services - Annual Contract
Bid #91-78
Attached i~ "Tabulation of Bids " and any additional documentation
,
submitted by vendor(s) for the above referenced subject. Invitations
to Bid were mailed to 8 vendors on 07/26/91. The bid was advertised
in the Palm Beach Post on 07/31/91. The bid package was picked up by
6 vendor(s) after mailing of invitations and, posting of
advertisement.
Please review the tab sheet.(s), and forward to Purchasing your award
recommendations.
Thank You.
Attachments:
Tabulation of Bids
Copies of Original Bids
.
cc: Ted Glas, Purchasing Officer
NOTE: Leahy is current vendor.on contract with City. His pricing on this
bid is same as current pricing.
/
m32 1 ~l
. .
RECEIVED
.-~...
~1 8 .81
MEMORANDUM .
PURCHASING
TO: TED GLAS - PURCHASING DIRECTOR
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: ANNUAL CONTRACT FOR MICROFILM SERVICES
DATE: SEPTEMBER 16, 1991
Per the attached memorandum from Jackie Rooney, Bid Specialist,
concerning the bids received for microfilm services, we would
recommend Leahy Micrographic, the sole bidder, be awarded the
contract.
LB:DQ
Attachment
d/lO
Leahy.CC
-
Agenda Item No. :
AGENDA REQUEST
Date: September 30. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: October 8, 1991
Description of agenda item (who, what, where, how much): Bid Award -
Sodium Aluminate for Water Treatment Plant -
Annual Contract
Rid #91-83
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to 2nd low bidder, Vinings Industries, Inc. at an
estimated annual cost of $199,767. "
4At ~
Department Head Signature: ~~/9 '
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO rn applicable)
Funding alternatives: .M1- 5rt:Z-~~.~~-I(l
Account No. & Descr~tion: eNlJc~
Account Balance: ? i"JdXt)
City Manager Review:
Approved for agenda: f!Y/ NO t~~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"..,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~Administrative Services dff
FROM: Ted Glas, Purchasing Officer
DATE: September 30, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 8, 1991 - BID AWARD - BID #91-83
SODIUM ALUMINATE - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to award a contract to 2nd low
bidder, Vinings Industries, Inc. at an estimated annual cost of
$199,767. Per the Budget Office, funding is from:
( ) .
Background:
The Water Treatment Plant has need of an annual contract for sodium
aluminate with funding from their operating expense budget.
Bids for this contract were received on September 19, 1991 from two
(2) vendors, all in accordance with City Purchasing procedures. (Bid
1191-83. Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The low bid was submitted by U.S. Aluminate. However because of
past delivery problems with this firm, the Water Plant Supervisor and
the City Safety Officer recommend award to the 2nd low bidder,
Vinings Industries, Inc. per attached memos.
Recommendation:
Staff recommends award to Vinings Industries, Inc. at an estimated
annual cost of $199,767. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Water Plant Supt.
Recommendation from Safety Officer
pc William Greenwood
Don Haley
Milford Cockfield
O~
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MEMORANDUM
TO: Ted Glas
Purchasing Director
FROM: Don Haley
Water Treatment Plant Supt.
SUBJECT: SODIUM ALUMINATE ANNUAL CONTRACT
BID #91-83
DATE: September 24, 1991
Review of "Tabulation of Bids".
Although Vinning Industries bid was not the low bid, I recommend
we go with them for these reasons.
Documented delivery problems in the past using U.S. Aluminate
are:
9/17/91-McKenzie Tank Lines - Truck had to be sent back
after the discovery, that the truck and lines to be
used in unloading was not cleaned from a previous
load
of acid.
This would have contaminated approximately 9,000
gallons of aluminate.
8/30/91-C.T.L. Trucking delivered an extremely hot load and
started unloading, melting all the P.V.C. delivery
piping in the silo; The load had to set for seven
(7) days to cool down before unloading could
continue.
5/15/91-Erickson Transport-Driver did not have proper safety
gear to unload. city had to furnish safety gear.
Driver was not told by U.S. Aluminate what he was
hauling nor that safety gear was required.
3/15/91-Fleet Trucking Company-Driver did not have safety
gear or instruction of what he was hauling. One of
two (2) trucks had bad leaks in there pumps and
hoses used in unloading.
12/27/90-Fleet Transport Driver was not familiar with
product he was hauling for safety, or "not
unloading with air". The truck didn't have pump to
unload, so air was used. (Air introduces moisture
,~,,'
.-
.
into the product and contaminates load).
Summary: It is my opinion that U.S. Aluminate does not generate
enough effort toward safety of the truck drivers (handling of
loads) nor assuming, we the city, receiving their product free
from contamination.
We do not need any more liability then necessary on our
employees, who must assist in unloading. The difference for the
year going with Vinning Industries would be $9,000.00, this would
be a good investment toward safety and liability from the city
stand point.
--- - -----------
( \~vv-YJ J
-/" ......\.
Don Haley
DH/gm
cc: William H. Greenwood, Dir. of Environmental Services
Mark A. Gabriel, P.E. Asst. Dir. of Environmental Services/
city Engineer
File: Memos to Purchasing
File: P:dhbd91-83.doc
,",,'
- . . -
'~~JbHWIrij
ENVIRONMENTAL SERVICES DEPARTMENT OCT 2 199.
ADM'NIsrqATrVf: SERVICES
MEMORANDUM
TO: fa _ _.n...._.., ~
A6~L~'~' ~w ==~=1d(J 7/74 4
FROM: WILLIAM H. GREENWOOD, . ~ 'fi f/
DIRECTOR OF
ENVIRONMENTAL SERVICES DEPARTMENT
DATE: SEPTEMBER 30, 1991
SUBJECT: SODIUM ALUMINATE BIDS
I have reviewed Mr. Don Haley's recommendation and his
emphasis on safety. I concur with his findings.
WG:jaf
File: Memo to Assistant city Manager
cc: M. Cockfield, Safety Representative
".",
. . . .
[ITY DF DELRAY BEA[H
.
M E MaR AND U M
'I'O: Ted Glas, Purchasing Officer
FROM: Milford Cockfield, Safety Officer ~
l'HRU: Robert A. Barcinski, Assistant City Manager ~
DATE: September 27, 1991
SUBJECT: Sodiuul Aluminate Bids
1\s stated in Mr. Haley's memo of September 24, 1991, we have had several
problems with the safe delivery of SOdium Aluminate from U.S. Aluminate. It
would appear that these problems were caused by the use of common carriers.
Because the carriers are frequently changed, the potential for a hazardous
accident is increased. On each of the last four deliveries, specific
instructions had to be given to the driver of the common carrier. In two
cases the delivery was refused because safety standards were not met.
I have contacted each of the vendors, and found the following:
Vining Industries U.S. Aluminate
Method of Delivery Common Carrier Common Carrier
Driver Safety Training Yes No
Safety Equip. Provided Yes No
U.S. Aluminate uses a broker. 'fhey have no control over the carrier which
transports the product. All safety related training is assumed, and based on
my conversation, U.S. Aluminate does not verify that the drivers are indeed
trained or equlpped.
Vining Industries uses a sole common carrier for their Florida deliveries.
The carrier provides their drivers with a four day safety course. Safety
equipment is also provided.
It would seem that Vining Industries would better meet our safety standards.
However, we would be better able to judge this upon an actual delivery.
Should the bid be awarded to Vining Industries, I recommend that at a
minimum, four shipments be monitored by the Safety Officer, after which time
the normal procedures for receiving this chemical will be reinstated.
Should you require additional information, please feel free to contact me at
extension 7151.
MCjrc
cc: John W. Elliot t, Jr., Assistant city Manager
William H. Greenwood, Environmental Services Director
, . ,
I! . ..
: .
Agenda I tern No.:
AGENDA REQUEST
Date: October 1, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much): Staff request
approval for Florida Blacktop, Inc. for $173.552.50 to constrl1~t NF. Rth ~trppt/NE 3rd
Ave and Dixie Blvd. Intersection Improvments. Rio No. 91-R? PrQj~~t NO 91-12.
Funding sources _$42,039.00A~~t. # 114-1141-%1-f.O f.?, $37.668.80 Acct.1I225-3162-541.61.46
$20,000.00 Acct II 447-5174-536-61. 78. and $ 73,844. 70 Acct #??'i-11f.?-'l41-61 J7
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval for Florida R]~~ktnpJ Tn~ ;)'1 tl:1~ .,mO'ltIt
of $173.55.50 for the NE 8th St./NE 1rd Avp ~nd Dixip Rlv~ Intersection
;.., Improvements.
Department Head Signature: 4IdIrP~J~~ . ~-~ f) It') It 191
r ,
Determination of Consistency with Comprehensive Plan:
"'r'
City Attorney Review/ Recommendation (if applicable):
BUdlet Director Review (required on all iteas involving expenditure
or unasJ:
Funding available: ~ NO (if applicable)
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review: ~
Approved for agenda: @/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
...
.
MEMORANDUM
TO: David T. Harden
city Manager
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
projects
SUBJECT: DEL IDA CIRCLE/FUNDING SOURCES
BID NO. 91-82, PROJECT NO. 91-32
DATE: October 1, 1991
Environmental Services has reviewed the construction bids for the
above referenced project. I have attached a bid tabulation for
your information. \
We recommend award of the project to the lowest responsive
responsible bidder, Florida Blacktop, Inc. , in the amount of
$173,552.50. Funding as follows:
AMOUNT ACCOUNT NO. DESCRIPTION
$42,039.00 334-3141-541-60.62 Traffic Operation
37,668.80 225-3162-541-61.46 Decade of Excellence/
Sidewalk NE 8th street
20,000.00 447,5174-536-61.78 Pipeline Repl/Upgrade
/3,844.70 225-3162-541-61.17 Decade of Excellence/
Road Reconstruction
$173,552.50 Total
This is forwarded to you for your review and approval.
Ge!~Ude
GAJ/gm
cc: Ted Glas, Purchasing Officer
File: Memos to City Manager
File: Project #91-32 (D)
File: P:GA91-32.doc
0-3
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 8, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
----
ADDENDUM NO. 1
THE CONSENT PORTION OF THE AGENDA IS AMENDED TO INCLUDE:
80.4. Activated carbon control unit for Veteran's Park Pumping
Station- Pump and Equipment Co. , Inc. (Second Low Bidder) in the
amount of $12,280 with funding from Water and Sewer Lift Station
Maintenance Chemical (441-5144-536-35.18). Account balance $236,830.
THE FIRST READING PORTION OF THE AGENDA IS AMENDED TO CORRECT:
12A. ORDINANCE NO. 54-91 : An ordinance amending the Code of
Ordinances to permit multi-tenant establishments as a conditional use
in the GC (General Commercial), PC (Planned Commercial) and CBD
(Central Business District) zone districts. If passed public hearing
October 29th.
,'''"
I
if -
.
Agenda Item No. :
AGENDA REQUEST
Date: October 7, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: 10/08/91
Staff requests
for Veteran's Park
280.00. Fund in
ORDINANCE/ RESOLUTION REQUIRED: ~NO Draft Attached: ~/NO
Recommendation: Staff recommends City Commission to approve purchase of activated
carbon control unit for Veteran's Park Pumping Station from Pump & Equipment Co., Inc.
.... in thp RmOtlnt of $12.280.00.
Department Head Signature:
Determination of Consistency
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO af Wl~ble)
Funding alternatives:
Account No. & Descr~tkon: ~~~W. ~ C
Account Balance: 'Z ", ?6
. . ~ ~\~jd~
.\
City Manager Review: \)
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
....- ,- WW>1-1U
.. ~. /OI'//',
Date:
To: ~ .<<JrJE: ~OJ'I~ FIX No.:
_ I!!CHI.)4,NG I!!PT:
!JJitohone No. ( 1 -
Reference; QUOT~l1aU PcGU6Q r 14 J~
Froh1: VA v'.D ~E"Ntt Fax No.: (412) 683 - eUS5
....-
Total message peges Including this page; ~ . If total page. .fe not r elved,
pi.... celt ("12) 583 - 300. Thank..
COl'f1t)1entl:
,
I
i
3G CORPORATION TELEPHONE: ("12) 6 4300
TELEX; 289312 (RCA)
BOX 11861 FAX: 412-5e3.e155
PITTSBURGH, PA 15228 CABlE: TIGGCOA PIT SBUAGH
MANUFACTURING: TI G SOUT.,.r..'-- .
.,
'1... <_ 1..... _ -.
~.. \ 13:42 C407 243 3774 C 1 TV /DELRA V 8CH. ril001
..r. 0....03....91
CITY OF DELRAY BEACH
100 N.W. 1st AVENUE, DP;LRAY BEACH, FLORIDA 33444 407/243-7000
,.AX NUMBER 407/248-3774
PAX TRAN8M1'M'AL
DATE: -.!.QL.93/91
TO: NAME: K.rry l:truAh
-- -...- --... ---
COMPANY NAMB: Pump t. Itquipment Co. Inc.
CITY: ; Bnynr.~ Beach. '1. .. .--
'TOTAL NUMBER 011' PAGES INCLUDING TRAN8M11i'AL SHEET: 3
COM&mNTS: - ..
, ,
- ...-.--.--... -
NAME or SENDER: Jacklyn Rool\ey. Bid ~pllle1al1.t t Purc:h'A1na Dept.
TELBPHONIt NUMBBR: 407-243-7163
COPIB8 TO: Mike Off~Q "
I..,.
" Cl_ (/
-::;, b q '''. 1 · /)
.J - e..........I", u.....
IF YOU DO NOT IUtCEIV'B ALL 01' THIt ABOVIt UrSRBNCED PAGES. PLEASE
CONTACT THE lENDER MOTBO ABOVE ASAP.
:3 fJft6~ F*X
',- 10- 3-1/
..'
. 7~1jHJ-.J11t
- "
CALGON CARBON CORPORATION
PITTSBURGH, PA
FAX COVER L8TTER
TO:
LOCATION:
SUBJECT: ~~
FaOIl:
TOTAL NUMBER OF PAGES L
(INCLUDING COVER PAGE)
DATE: Jolllf/
r
PHONE: (412) 787-7i6J
[TELBCOPIER: (412) 787-6676]
1'.1
'K
(
t'7~ I
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Michael Offie
Superintendent of Maintenance
SUBJECT: ODOR CONTROL SYSTEM BIDS FOR
VETERAN'S PARK PUMPING STATION
DATE: October 7, 1991
We requested bids from four (4) suppliers of activated carbon
odor control units. Enclosed are copies from each supplier. I
recommend we purchase the unit from Pump & Equipment Co., Inc. of
Boynton Beach for the following reasons:
1) Unit cost is reasonable.
2) Local company that can respond immediately.
3) On site replacement of carbon unit.
4) Delivery time of 20 to 30 days.
I recommend we reject the other bids for the following reasons:
1) Calgon corporation - No Bid
2) Westates Carbon, Inc. - High bid, out of state company, more
frequent replacement interval, delivery time of 45-60 days.
3) Tigg Corporation - Low bidder, however the quoted unit does
not have the recommended size blower. Another out of state
company, they also do not provide an on site service for
cannister replacement. Delivery time of 30 to 40 days.
If any further information is required, please call.
~~-
MO:smm
ENCL:
cc: William H. Greenwood, Director of Environmental Services
File; Memos to City Manager
MOODOR07.SMM
.. .. .. .. _W"'.'" I 1>'.,0. ~ "''''''
~ clrv OF DELRAV BEACH QUOTATION'RE'-WEST
PURCHASING DIVISION N~ 1414
434 South Swtnton Avenue .. " ..
O"'OTIl"I~' ...0 "'-""~ll to".'_"11IMel.
Public Worka Complex AdmlniStr'tlon 8uitdl~ THIS IS NOT AN OROEPt
Oetr.y aetch, Ftorid. 33444
VENDOR .u.."u~"" 0" QUOTA,"ION.
IYL"l O~NtlT" vl~.o.t #. "'."'''0'1 f'1 "'1_" f1 ~
.
.. -
Calgan Ca1"bon (~o'rp.
. 1'.0, Rox 717
'PHuburgh, l'~nnsy)v~n"Ja 15210-0717
Attn: Rogor H. Zanjt~ch '11114&
..0,.,
-_.
_"-"1'
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.
lOUr. ..'UIIl --... DEA,.'VC.~'" M4\1UO~ "&'i.Y NO ~'I:" ',....oN
10/03/91 ,.HIS INOUIRY IMfi'L.IES ..,0 O.L.I~"T10N ON OU" PAR.,.. 4:00 rM
CHANGE!; OH $UQGESTIONS OFf"t.MING COST ECONOMlf6 ARl!. SO\.It;I'fEO. . , 10/04/91
'TEM QUA N '1'1 TV DESCRIPTION UN'T ..".oe ",",OUN,.
C1ty of Deltay Beach is .~e\1ng competitive bids fot
purehase of an. (1) High Flow Ventcorb Odor Control
Unit. .
See attached (Qr d~t.11e~ specifications,
$ $ ...
#./#;6'-# ,.vb tJ I[)
-
S1gnllt\lre! V~h ". /I1,.~r-
Title: ~....Jifn~~ hfA"';f"~ t>tA It. Sr*1 I)~ 'P&tc. .
-
Co1'll'pany: _c?"t:fL.GC~ &~o~ ~tf.I'.
IO/I{/f1
Fax r~!4ponsc to: 407-243...3?74
Attn: Jaekly~ ~Doney
'P\ll"chosing Pept.
f&It/oollll ".0.&, S04'''NCNT VIA ...'....'"0 WE-IIJN, ...I,....f'N1 ""0"'&1."
- .... . '.
(
aV'YtR'
..A- I.a....... O'h~" ,.(AltON.
~Af;\.l,," OAP"" I"\.AI;I:.D WtlN SVCCE,..,Ua. DIDD'"
$tallr'X.'t ".eel "'v....." '" It.. Ofl.'... tCIt"ICl QNl'" ,c.vtlr.:. ...,. DUIC:"
0 0 0 0 0 0
...---.-.- -..- --.-....
beT -04-1 '3'31 1 c::: ,-,r, F POI'1 [lOOP COIHPOL S'rSTEI'1'=. D II.) TO 4072433774 P.0l
---'.~I
I
.' I
I QUOTAT10N REQUEST
cIty Of (JE.LRAV BtACH
P~RCHASING DIVISION N~ 1414
I ~
4 South Swinton Avenue . .\I0TATUli..' AIID lIIII.\UD C:OllllrUONllrNCl.
Public Work~ Complex Adminiltration Building 'tHIS 18 NOT AN ORDER
Defr.y Beach. Florid, 33444
, V!:NDOR .UMMAlIfV Oil' QUoTATIONS
WeAtates Carbon Vnc. erl:lII 6UtJjft1~ \I1~O. f I ""HbO. , a "aJiOO. ...
. Odor C\',"trol ~YRdem Division
775 Park Ave., S~1te 3SQ .
Huntit'litgn I Nework 11741
Attn: 0 ~rt F. ~cwton -.-
I
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I _"T
I "WAllD 10,
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O""L .."UL.D DilL"'..... .'.U'.U," _.~L. llQ L.6T1" 'loA>(
10/03/91 TH" fOUIRY 'MPLIES NO OBLIGATlON ON OUR PART. 4:00 PM
CMANGI::S OR S GG€STIONS Ol"Ft:.RING COST eCONOMIES ARt $OI..IC1TED. . 10/04/91
EM QUANTITY DESCRI"T!ON UNIT "fIlICe: AMOUNT
I
City of DelT.Y Beach is seeking competitive b1dK fot
purchase of re. (1) High Flow Vent80rb Odor Contro)
Unit.
i
. See 8~tache~ for detailed .pecific.etons.
i
I
, i
I I $lSjt'if.ro $ IItt'iS: OD
-
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Signa tu n : i ~ J1-P~
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TUle: I t; ~~L. {<...(1I",fJr.Ui..
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Company: I Wf\T,.rt.1 CJ:JP'(j,,~ I :o.r(... .
I I
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I 41)7-243-3774
Fax responsr to: Attn: Jacklyn Roon~y ,
I
i purchilstnA Dept.
I
.--- t..--- .~.v~" -
'1\11110 F.~.A r~.TU"-Y :~:J "'I""IHG WFlGH'T 5ti11'MlN~ 1'1'10"'161:0 -.-
/!/Gr3o f74 rc /'''''' ~ tr4I;...1 /;> 10 '1?~..,.. t..,P,/ ~() 11 A PPI4,X. 'IS -to ~'i$ /)(rf.fl.
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Oc T -04-1 '3'31 1 ~. -.0 FPClf'l ODOF: CmnF:OL ::;,(STEI'l:::; D I l) TO 4072433774 P.02
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t l'AlWll::TF.RS: i
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I - Approx. volume · f500 CU.PT. (14' x 31' x 20')
,
l _ Recommended blowe size'. 12~O CFlwl,5 HI', l.ow noille blower de!llKn (unC!er
I 2500 RPM @ 70 - 90 decihel. (within ) feet from actual motor)
, - Sk1d Size - 4' w16e x 7' long x 7' (Max.) High
( - Carbon amoont in teSSQl · 15QO LES. of Wt!Klale~ a~livatcd UOCH-K ~pecifically
! dedgned for ttydrlgcn !;1I1fide and sewa~e ~as removal.
i I
I i
PROPOSED OF-SIGN: I
i. i
i
I - Peco-w..taus odot re"",val system build .1m11ar t6 the o.letln& "yotem.
l provided for othe (2) 1.1ft StntiOl1fi, except larger in size for approx. twice
I tho odor romoval f8P8elty.
t
\
! _ Based on a typica range of 30-40 PPM of H2S and related mercaptan gases in
; *' the wet well dr, this system will have an anticipated lih or Rppl'OX. 270 or
mOT~ days tor thel carbon stack before r~vlacement I re~fneration is n~eded.
I
- As with the other\ systems provided, provide !:iYlitcm wi th a quick ch/!nl'.e maint-
enance program to~simplY rep1.ace the vvssel (when carbon changinR ia required)
w1th new ont! fill1 d with new carbon and regenerate the or11d ani carbon ~1'lc\
replace it in 1tR vt!~s~l to be ready (or U~e the ne~t ti~e.
i
INFO~MATION:
Any que~~lona re arding th~ detailed ~pecificat~ons should be addrcRRcd to
Mike Offie, Supe 1ntcndent of Maintenance. Wastcwnter Collll'r.t1on at (4f)7)
I 243-7306.
I
DELIVERY TIME!
Delivery 'I~ "60 days after receipt of purcha&8 order.
F.O.~. City of 001
I
. WARRANTY:
I
(}NC (/
ON-SITE INSl'F.CTION ,
- A m8nu!act\.lrer'~ reprQE\Qntntivt! shall provide une day of on-~lte 1n.!lpection
and train111g to n8pect the l.nf:tallat~nll and' alignment of equipment anti to
train owner's personnel in the Sflfe IJnd..~,t'np'H operathm and 'M:linttlnaT1t.~ nf th~
, . .j
unit. I .".
)f B~I-D In./ /1-$" l.ri @ 30 p1/Jt IIz..S - Gt:!/(.rl>JJ i3lD t-r({ S/J?>l-"- ~ /:JP(,fl.<;1-Z'MPrlLf
8'b '()1::li.5 I
I
]~'::::P;:) 6"'; 125.J C-fM .~ I.ja f'PIvt tJ~ ~ CAR.BwJ Bto Lrrf StJ,bU- B{. /-JPPJ4,:t.:%fVI,t:i~Li 59 ])~Y5
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" CITY OF DELAAY BEACH
PURCHASING DIVISION
434 South Swinton Avenue
Public Work. Co'!1f)IeJC Admlnlltrltlon Building
Dllray Retch, , IOrldl 33444
VENDOR .u.......... iIW ..,MA'PIONe
,...u eU.N"'" w_., 11&__ .. "....." ..
.
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TC....
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.'\lMP & Equipment Cu. Inc:. ,",,.IM'
"W""D TO.
. 3]51 S.W. 14th PlAce
Boynton B.a~h. VlnridM 3~43$
Attn. Kerry PruRh
DA9r. I".U.D .'~III'." .'."'." I'l'''~. ".LAna _
10/03/91 THI8 INQU'"y IMPL.It:8 NO O.~IGAT10N ON OUR "AHT. 4100 PM
CHANGE8 OR SUGGI:&TIONS O"t:RING COST ECONOMlra AflIf. SOLICITED. . . 10/04/91
TEM .UANTITY DEIC" "IT ION UNIT "'101 AMOUNT
City of nelray Blach i. ,..king competitive bid. for
purchase of One (l) Htab Plow Vent.orb Odor CofttTol
Un:t.'t.
S.. attached fOT d.tatled .pecification..
$ I ~J~8:> $ / ~I J./lJ-
St.,nature: ~L,,~
, ,., /
Ti Ue; lJia./~(J,
eompany: JV"'p ,+1) ttKvrfl1~r (P / /:f'IC .
Fax ~e~ponB. tot 4('j'-24~-'774
Attn: Jacklyn Rooney
PurehAainK Dept.
(.U04. ".0... aMI"M.N' \/.A W..lO"' .HI....I:N1 ~..I.ID
NcTJO VF L1:vrtlFD CXJA ;p.vtA #SO L65 3-'1 wet,J(J ~
.-
A.-
l".ON O"OCA PL,tcca WITH .UC:C:C.."UL .,OOUI
~'A" ",.,'", II""" "" ...." ..""'V '."\lICIt. ON~Y .0"".' .,u .'600"
n n n n n n
! .j>~d/\::i 1 l,~ ' 43 '0'4'Yl 243 3774 C I T Y /DELRA Y BCH. l4b 003
r V'~
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PAIlAMETER8~
- Apprux. vulume - A500 CU. FT. (14' )( 31' x 20')
- Recommendod blower sh~ · 1250 CFM. ~ liP, LO\l noise blo\ler dUiRn (under
2500 RPM (d 70 - 90 d~cibe18 (within ') feet hOlD actual motor)
- Skid Size - 4' wide x 7' lons x 7' (Max.) NiMh
- Carbon amount 1n veRRel · lSno LR~. of Wastate* .et~VAt.d UOCH-K 8pe~ifte.lly
clQAi~n.d for I-tydro..n Sulnd. and .I!WA~e R-. l'lttftoval.
PROPOSED nY-SIGN:
- P.co..Welltate. odor removal ay..tem build atlll11AI' t.o the exi.tinS .y.fema
provided for other (2) Lilt Sa:aUuI\Y. except 1ar88r ln du for approx. twte.
th. odor r.moval capaoity.
- Ba.ed on A typical rat\~~ of ~O.40 PPM of H2B and related mercaptan g8... in
the wee well afr, this Rystem will hav~ an anticipated Itt. or approx. 270 or
more day. for the ~Arbon 8ta~k be rare replac.ment I re8eneration is ne.d.d.
P As with the other sy.tem~ provided. pruvide RYAtem with a qu1ek ehanRe m.int~
enanee progrnm to simply replace the v.ss.l (when carbon changing 1s required)
with new one filled with n"w cuban and regen.rate the oriRhnl carbon and
replace 1t in its ve8ael to be roady rut u.. the next time.
INFOJtMATIONt
Any queRtionB r_~ardin& the detafl.d ~pecirication. Rhould be addre8..d tn
Mike Offie. Superintendent or Maintenance. Wastewater Coll.ction at (407)
243~7306,
DELIVERY TIME:
Delivery ~..jo calendar dAYS aft.r r@ceipt oC purchase OrdQf.
~.O.B. City of Dolray B.sch. I
!
WARRANTY:
ON t ye-Prt trrrcf' ~7'IrfJ.~ _ t:t ~ I I eMorJntJ Irmt< ~7trf{lI)
W~~ O~/J.r'f1:rLfr
i
ON-BITr. INSPECTION: i
- A manufacturer'a repr.AQlltatlv. .hall prov1d. one dAY or on-..1ta ~n8p.ction
and trainin* to in8P*ct the inAtallatjon and alisnm@nt 01 'qui~m.nt and to
train owner's perBonn.l in the eaf. and prnper operAtion 4nd m.int.n~nc. of the
unit.
I
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!
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TIGG CORPORATION P.O. Box 11681 .
PIttsburgh, F'A 15228
Telephone: (412) 5153-4300 . Telex: 289312 (ReA) TIGG PITT . T.I.tax; (412) 583-15155 . Cable: TIG<3COR PITTSBUA<3!-l
October 4, 1991
City of Delray Beach
100 N.N. Jst avenue
Delr.y Beach, Florida 33444
ATTSNTION: Jackie Rooney
REFERENCE: Quotation request No.U16, liaste wattfr odor control ao vated carbon ulltt.
Dear /tis. Rooney:
TIGG Corporation appreciates the opportunity to subait thill quo ation. Aside ho. the
folloNing ekceptions, this quotation .eets all IIpecUicatJo1J8 requ1 by the set parDe tel's
and proposed des161l.
N Nul.uM design ot 5 hp blower is 1000 cl'lj ~ 3450 r~. This fsn ,,111 include a housing
cover to reduce noise level /flnd provide proteotion &oM the wea
N Our propo1ed unit ,,111 conta,tn 1500 1bB. of HSS ac va ted carbon - h1.ghly
selective for hydrogen 8ult1de, lightsr .eroaptans and other cOMpon nts typically detected
1n 8eNa69 gasses.
.. TIOG does not proVide service for on site change out of the sat rated carbo". However,
a seoond unit with the sa.e carbon fill can be supplied to replace the original unit when
it is saturated - alJofdng for that unit to b6 refilled Nithout do 'll tl.e to your syste".
Appended are the sPfJcll'icatian sheets for this pro~d systea and oapleted proposal for"
with current pricing. Should you have any questions or requJ.,.. addl anal inforMation, don't
hesltste to let us knON.
YOL
David C. Stoehr
Teohnical Sales Repl'esentatJve
DeS/eel
. "".1" 1)"I;j I lJ'4U '0''11.1 i L4':' :;. i iq l. \ 1'1 /Ut:.\..i'<A Y i:Kh. l/tIl)(l2
.
CITY OF DELRAV BEACH QUO'fATI~N REc::rUE:ST
PURCHASING DIVISION N~ 1415
434 South SvvintQn Avenue .... .....~ ..1I....l{lr '.., -__....,,~
Public Work. Comp..)( Administration Building .1>'"'''''0''' ..... ......... G."."II'C*.~
THIS IS NOT AN ORDER
O.l"y Beech, Florid, 33444
VENDOR . MMAIt'i' 0.. QUO"ATI~'
1'104 8UAN ,..., vIH.ell . I .'10111011 ". VDDOIl ..
David f.. Stoehr
. TIGG CorrM~at.i\lf1
~O:lt 11(-)61
Pitt~burgh, Pennsylvnn1A 1 !l228
.
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AW.....,o "0
.
- nM,Tr f....ULD ItILNiil.. IUllUUUb ".fI~. NOLA"" '''''N
10/03/91 THIS INOVr,.... IM~L.III!:. NO 08l..10A"ON ON OuR PART. 4:00 PM
CHANG!S OR SUOOfSTION$ OFFERING COST ECONOMIES -'AE SOLrCITE:). 10/04/91
IT':'" QUANTIl'Y DESCRIPTION UNIT PMIC:E "'WOUNT
City of Oeluy D..ch 1. ...kina compeUtive bH1s fo\'
PU1:chase o! One (1) Kigh Flow Y.~tAotb Odor Control
Unit.
See attached Cor deta11~d epeciflcatlone.
$ 10,170 $ 10,170
Signature: . ~~L
Tit 1 e : -revtN'~l.. 54t4i PCp~AT1 j,IC.
Comp.ny: -rl6G CbRj)J~ATlJN
.HI~INC. WEtGM"I- . ._1------
\,.....11 .. ~,V ."I~"'~..., YI" 8H'"'''''''' '.OMICf.O
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CAIOtl O"DCIIt II' .,;tC W1H4 .uCC.C....I,II, S'OOl:A DlH." Jtr.A~N" U
0""'''' ~AI('..f IIU.....I1", Ges'? or.'''' .c:_v.er (II"",\' .....H,J""c, elft' Itt"..t)"f \
0 0 0 0 0 0
-
. .
.
PA~ETERS:
'- ApprDX. vDlllm~ ;;; s:,rJO ClI. FT. ( 14' x 31' 1IC 20 I )
. Rcc~mm.nd~d blowv~ si~e w 1250 CFH, ~ HP, LDW nolMe hJower (under
2500 MPM ~ 7n - 90 dnc1b~ls (vfthin J fe.t Crnm 8ctu~1 mntn
- Skid Size · 4' wide x 7' long It 7' (Melt.) IUgh
- Carbon amount in v~~8cl · J~QO LDS. Of W~~l.le8 4CC1v4Ced flpec1f1cally
dU1gned fot' lIydr"RCln SulUde .1nc.l u,",~f(' ~h rC!IIIClval.
PROPOSEn OP;5IGN;
. Peco~We~t~tes odor r~moval syslam build sim11ar tu lh~ 8Y:-lltemH
provided for ocher (2) LiCe StatinnR, 'lICcepl lArger 1n .:lpprnx, twice
th~ odor removal eapae{ty.
- H4sed on a typical rAnR~ of 30-40 PPH 0' H2S 'nd related lIIe c~ptan aa~e~ In
the wet well Air, this syst~m wl'l hav~ Mn .nt1cJp~t.d 11ft or apprax. 27(') Qr
more days ror the carhon stack be'~re replacem.nt I re~en~r tinn 18 needed.
- A~ with the othe~ ~yet~m& pruvided, provide $y~lem w1th n q 1ck chlnRe maint-
enance prosram to ~lmply r.plact the ve~R.) (when carbon ch "RinR 1. r.quired)
with new on~ f111~d with new (Qrb~" .~d re.enerate the ar1g14nl caTho" ~nd
replace i~ in its ve~8~1 to b. ready fnr ua* rial:' r\l:IXl tlme.
lt3FORl-tATtON:
Any que"t1on. r~"al'din~ t"liI del dIed 'p~c1H<:at 1 (Ins liihl.\uld b~ AddruUd t",
Hike Olfie, 5uIH:rJr\t.\'Ind"nt of Ha1nten.n~.. Walll~wlll;eer Collee .10n 4l (40n
24),,7306.
DF.T.1VtRY TIME:
Oelivery 30-40 caltnd.r days .fter r~celpl ut purchase er.
r.O.B. C1~y of Dalray 8.a~h.
WARRANTY:
TIGG Corporati.on warrants these prodUct. to be i.n ae orda.nce with
"VI>
specifications and d,ucr1ptions herein. Due to the
or <lpplied warranty 1.s made lor performance,
ror fCZ'ticular purpose.
ON.SITE !NSP CTtON:
- A m8nufa~turerl* ~eproel:'nt~tl~e ,hall rrov1d~ un~ d8V n' on- ICe lnspccrlon
and traf"in~ eo 1~8p$et tha 1"6tal1at1un and a11lnm~nt or ~q lpment ~nd ttJ
e\"o:!" owner 's personn~l :In the 58ft and prop.r (IV. rat ton 4nd mll1nr:t1l4ncu ('I( the
unlt.
$500 per day, plus living and traveling .xp9nS&S
~ . I
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NIXTOX- PHON Skid Mounted Odor Control System
(U.s. PATENT ..319,'711O. CANADA PATENT ','81,015)
3
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DIMENSIONS (Inches)
A s C 0 E F G H I t (DUCT) 4(NPT) 5(NPl)
&4 :IS . 3D .2 8 20 70 O\t 7 . . ",. F "'4 F
FiniNG SCHEDULE:
1. INLET 2. OUTLET
3. ADSORBENT INLET 4. CONDENSA E DRAIN
5. SA TURA TION INDICA TOR (OPTIONAL)
. TIGG CORPORATION TELEPHONE; (412) 3--4300
TELEX: 2ea312 IACA
BOX 11681 FAX: 412-563-8155
. PITTSBURGH, PA 15228 CABLE: TIQQCOR P TTSBUFlQH
MANUFACTUAINCi; ICiCi SOUTHCENTAAL OPERATIONS
_11__,.. _..__
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fr!I
SUBJECT: AGENDA ITEM # 91/ - MEETING OF OCTOBER 8, 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: OCTOBER 3, 1991
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period
September 24, 1991 through October 7 , 1991. The following
actions were considered during this reporting period:
Site Plan Review and Appearance Board:
Approved the site plan, architectural elevations and
landscape plans for Delray Eye Associates to allow the
construction of an 8,562 square foot building on the
northern out-parcel of the Wal-Mart Shopping Center.
Concurrently, the Board granted a waiver to allow the
reduction of one required parking space in order to
save an existing tree.
The Planning and Zoning Board and the Historic Preservation Board
did not hold regular business meetings during this reporting
period.
,III
"
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
I~~~'rle~MT6R
DEPARTMENT OF PLANNING AND ZONING
lW~~ ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF OCTOBER 8, 1991
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 24, 1991 THRU OCTOBER 7, 1991
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of September 24, 1991, through
October 7, 1991.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
''',,'
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 25,
1991:
1. Approved the site plan, architectural elevations and
landscape plans for Delray Eye Associates, to allow the
construction of a 8,562 sq. ft. building on the northern
out-parcel of the Wal-Mart Shopping Center. Concurrently,
the Board granted a waiver to allow the reduction of one
required parking space in order to save an existing tree.
(Vote 6 to 0).
No other appealable items were considered by the Board. However,
the following is an agenda item which required Board action:
* Deferred action on the architectural elevation plans
associated with the installation of playground equipment for
McDonalds, at Linton Boulevard and Waterford Place, to allow
the applicant to reevaluate the proposed location, design
and colors. Review of the design of the playground
equipment by the Site Plan Review and Appearance Board and
final action by the City Commission was a condition of a
previous approval (Vote 7 to 0).
PLANNING AND ZONING BOARD: No Regular Meeting was held during
this period.
HISTORIC PRESERVATION BOARD: No Regular Meeting was held during
this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Map
JA/#60/CCOCT.TXT
.,.
-
IoV\.I "LUll I
.. (OUMCAH CDmll)
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/
J' (DEUlAY (DDJtAY
TOWN CDO'DI TOWN ~
I'HAS[ I) l'HASI: .
UNTOH -----.....
.. .. Do .. CNCM. l.4mw. &.-.II
(UNCU: DAH'S NUltSDlY)
UM/T( .;-p'
(IIOCA-IIA Y PlAZA)
~~ .
--. ~
(sount COUMtY ~
WDfTAL HlALTH
COOER)
(WAL-M.U1)
(~
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.
~ l.AIITS- ..
-
..
-
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(COUHTIIY LAKE CONDOS) lLOOD'S GROVE
DELRAY EYE ASSOCIATES
N
--r-
..'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # 98 - MEETING OF OCTOBER 8, 1991
REQUEST FOR EXTENSION OF SITE PLAN APPROVAL/DELRAY BAY
DATE: October 4, 1991
We have received a request from the owners of the Delray Bay Apartments
for an extension of site plan approval. This project has a long and
controversial past. Most recently, a site plan modification, to a
previously approved project, was granted under the pre-Land Development
Regulations provisions. The LDR contains a provision which requires a
sunset on previously approved projects which do not initiate
construction prior to their expiration date.
However, there is a provision which provides that once construction
commences an extension can be considered. The developer has processed
all of the necessary plans and is in the midst of obtaining a permit to
commence preparatory site work. Therefore, consideration of an
extension is appropriate.
Review by the Planning and Zoning Board is not required. A detailed
staff report is attached as backup for this item.
Recommend consideration of a request for extension of the site plan for
Delray Bay Apartments, subject to the findings and recommendations of
the Planning and Zoning Director.
,',,"
. ~l
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: GJ:J~ MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
REQUEST FOR EXTENSION OF SITE PLAN APPROVAL,
DELRAY BAY APARTMENTS
ACTION REQUESTED OF THE COMMISSION:
The action before the City Commission is that of approval
of a request for extension of approval for the site plan for
Delray Bay Apartments.
Delray Bay Apartments is a proposed 252 unit project to be
located between Spanish Wells and Crosswinds on the south
side of Linton Boulevard.
Pursuant to 2.4.4 (F) ( 1) (c), an extension request shall be
considered by the same body which granted original approval.
The site plan modification under consideration was
previously approved by the City Commission in October, 1990.
BACKGROUND:
This project has a long and controversial past. Most recently, a
site plan modification to a previously approved project was
granted under the pre-LDR regulations. The LDR contains
provisions [1.2.2. (C) ( 2 )] which require a sunset on previously
approved projects which do not initiate construction prior to
their expiration date.
However, there is a provision that once construction commences an
extension can be considered. In this case, there are a series of
events which qualify consideration of an extension. These
include:
a) the receipt and processing of all construction plans;
b) a clearing and grubbing permit in process (should be
issued prior to the next meeting of the Commission);
c) a closing date in December for the full construction
loan;
d) a current date in February, 1992, by which 25% of the
improvements must be in place in order to formally
establish the project (this date cannot be met).
.
City Commission Documentation
Meeting of October 8, 1991
Request for Extension of Site Plan APproval
Delray Bay Apartments
Page 2
In order to be eligible for seeking an extension, the developer
has processed all necessary plans and in the midst of obtaining a
permit to commence preparatory site work.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and zoning Board has not formally reviewed this item
as the body to consider the item is the originally approving body
(see above information).
FINDINGS:
There are two findings to be made. The first deals with
provisions of 2.4.4(F)(2), copy attached. These address the
diligence and good faith of the developer. In order to assure
that compliance with this section is made, the following
conditions are suggested:
1. That site preparation work commence in the field prior
to December 1, 1991.
2. That site improvement work commence, under permit,
prior to January 15, 1992.
3. That building construction commence, under permit,
prior to April 1, 1992.
4. That the 25% "establishment" requirement be met by
August 1, 1992.
The second finding comes from Section 1.2.2(D)(4) which states:
"Any development application which seeks an extension under
1.2.2(C)(2) shall not be approved if the resulting use of
the land or structures will be in conflict with the Future
Land Use Map of the The Comprehensive Plan or with the
allowable uses pursuant to the property's zoning
designation."
In this situation, the use of apartment complex is an allowable
use; however, the unit count accommodates a density in excess of
that allowed by the Plan and the Zoning. While the City
Commission may interpret all of the above information in a manner
to allow the granting of an extension, it should be made clear
that in the event the development fails to become established;
that it is not vested and cannot be reestablished due to the
density being in-excess of that allowed.
","
City Commission Documentation
Meeting of October 8, 1991
Request for Extension of Site Plan APproval
Delray Bay Apartments
Page 3
RECOMMENDED ACTION:
By motion, grant an extension to the previously approved site
plan for Delray Bay Apartments based upon appropriate findings
pursuant to LDR Sections 2.4.4(F)(2) and l.2.2(D)(4), subject to
the following conditions:
l. That the following construction schedule be maintained and
that failure to meet any of the dates shall result in the
voiding of this approval and termination of the project:
A. That site preparation work commence in the field prior
to December 1, 1991.
B. That site improvement work commence, under permit,
prior to January 15, 1992.
C. That building construction commence, under permit,
prior to April 1, 1992.
D. That the 25% "establishment" requirement be met by
August 1, 1992.
2. That should this approval become void, the applicant
acknowledges that the project cannot be reinstated or
reestablished due to density conflicts with the
Comprehensive Plan.
Attachment:
* Applicant's request letter of August 12, 1991
* LDR pages 1201-1202 and 2434-2435
* Cover sheet from most recent P&Z Staff Report
DJK/#86/CCBAY.TXT
THE
;;;;. _ a ;;.;;::;0.;;;;;, "A Diversified Real Estate Company"
EU! n 5:: is.! Listed on NYSE (M]R)
------- ---
===~~=:
(407) 351-1111
GROUP, INC. (407) 345-0439 FAX
Suite 700, 5728 Major Blvd.
Orlando, R. 32819-7996
VIA FAX AND MAIL
August 12, 1991
Mr. David J. Kovacs
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Palm Cove A!>artment<i
a!k/a Delray Bay Apartments
Dear David:
I am disappointed in your response to me concerning the 25% establishing requirement. We cannot
commence construction without expending 31% of the project budget (per my letter dated August 2, 1991)
and we do not have 5 million dollars of cash in the bank for the said 31%. Therefore, we need a construction
loan. We cannot obtain a construction loan without the equity partner and neither the construction lender
nor the equity partner will close without extending the February 22 date.
You are well aware of the time and effort that our company has put into this project. We now have the equity
put together to go forward and build the project. TIllS IS ALMOST UNHEARD OF TODAY IN TIlE
FINANCIAL AND DEVELOPMENT ENVIRONMENT, but the equity partner and lender will not take a
risk that 25% of the project has to be completed by February 22, 1992. Our closing is now set for December
20, 1991, and this date cannot be moved forward. Therefore, I must request an extension from the City
Commission. I am optimistic that the City Commission will recognize the quality of the project, the increased
tax basis, the substantial impact and building permit fees, and also that the Crosswinds development will be
completed. I will request that this item be heard on September 10, 1991, which will give you time to prepare
after you etu n from your vacation.
cc: Keith Kuhlman
Igal Knobler
Dick Schlosser '1\"~"
Jerry Sanzone, C.B.O. ,'{~'
David Tolces, Asst. City Attorney ~{~;"\~'4) , ,"
Janet Meeks, Planner II , ",} ct, ",1;, ,;,}. ',';;'
~"': ~ ' '\ ~;'"
David Harden, City Manager ',/ ~" .~S" .':1\
File-Vesting ,~\' /: , ~ d :
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Section 1.2.1
r')
.."'....~,. ARTICLE 1.2: EFFECT ON EXISTING LAW AND PREVIOUS DEVELOPMENT
APPROVALS
Section 1.2.1 Existing Laws: Except as specifically provided
herein, these Land Development Regulations shall not be
interpreted to repeal, abrogate, annul, or in any way affect any
existing provisions of any statute, permit, deed restriction, or
covenant adopted or issued relating to the use of land or
buildings, or the erection, construction, moving, alteration, or
enlargement of any structure or improvement.
Section 1.2.2 Previous Development Application Approvals:
(A) Established Projects: Any development project which
has not yet been completed by September 1, 1990, but is
determined to have been established under provisions of the
previous regulations [173.868(A) & 173.849(A)] shall be allowed
to continue to completion pursuant to that previous approval.
(B) Projects Not Established: Any development application
which was approved, with or without conditions, but which was not
established under provisions of the previous regulations
[173.868(A) & 173.849(A)] shall be allowed to initiate and
continue to completion pursuant to that previous approval within
the time period allowed for establishment of the project. It
shall not be necessary, as a condition to obtain a building
permit, that a variance be obtained to achieve conformity with
these Land Development Regulations.
(C) Expiration and Extensions of Previously Approved
Proiects:
( 1 ) Not Under Construction: Any development applic-
cation which was approved, with or without conditions, and which
did not receive a permanent building permit for construction of
structures prior to the expiration of that approval shall become
void at that time. In order to reestablish approval of the
project, development application(s) must be submitted and
processed as if the project were new.
( 2 ) Under Construction: Any development project which
commenced construction but did not become established upon the
expiration of that approval shall be deemed void at that time
unless a request for extension of approval had been granted prior
to the expiration of the previous approval. [See Section 2.4.4(E)
for procedures for seeking an extension of approval.] [See
Section 1.3.1(e) for criteria re "actual construction"].
1201
Section 1.2.1 (D)
.,1.....,
f
( D) Compliance with New Requlations:
( 1) Any development application which expired pursuant
to 1. 2 . 2 ( C) ( I ) shall, if resubmitted, fully comply with these Land
Development Regulations.
(2) Any development application which expires because
an extension was not granted under 1.2.2(C) (2) shall, if
resubmitted, fully comply with these Land Development
Regulations.
(3 ) Any development application which is granted an
extension pursuant to 1.2.2(C)(2) may be required, as a condition
of extension approval, to be modified in whole, or in part, to
comply with the provisions of these Land Development Regulations.
(4 ) Any development application which seeks an
extension under 1.2.2(C)(2) shall not be approved if the
resulting use of the land or structures will be in conflict with
the Future Land Use Map of The Comprehensive Plan or with the
allowable uses pursuant to the property's zoning designation.
1202
Section 2.4.4 (E)
( 1) Improvements representing twenty-five percent
(25%) of the total cost of all improvements to be used in
developing the project have been constructed.
(2 ) A certificate of occupancy has been issued for use
of the property pursuant to the development approval.
(E) Expiration of Approvals:
( 1) Prior Approvals: Any development application
approved prior to the adoption of these Land Development
Regulations shall be handled pursuant to Section 1.2.2.
(2) Conditional Uses, Site Plans, Landscapinq Plans,
Architectural Plans, Preliminary Subdivision Plats: The
following shall apply to development applications approved
subsequent to October 1, 1990. Upon approval, or approval subject
to conditions, by the granting body, said action shall be valid
for a period of eighteen (18) months, unless a different period
is specifically stated in conditions of approval. During this
approval period, the project shall be established pursuant to
2.4.4(D). This Subsection also applies to any extensions which
may be granted to a previ~us approval.
(3 ) Certificates of Appropriateness, Relief from
Parkinq Requirements, Waivers, Adjustments: and similar
approvals which are associated with a specific development
application shall remain valid for the same period as said
development application. These approvals do not run with the
land nor are they transferable to another development proposal.
(4) Abandonments, Final Plats, Variances: are final
actions which run with the land. However, a final plat may be
vacated by action of the City Commission [See Section 2.4.5{L)
(b)].
(F) Extensions: Extensions may be granted to a previously
approved application listed under Subsection (E)(2) pursuant to
the following:
( 1) General:
(a) A written request for an extension must have
been received by the City at least forty-five
(45) days prior to the expiration date;
(b) The letter must set forth the basis and
reason for the extension;
(c) The extension shall be considered by the same
body which granted the original approval;
( d) The extension, if granted, shall be for
eighteen months unless otherwise stated;
2434
."
,
Section 2.4.4 (F)
(2 ) Construction has commenced: When there are
substantial improvements on the site but the 25% establishment
standard is not met, the granting agency shall consider the
diligence and good faith of the developer to actually commence
and complete construction. In this case, an extension to the
originally approved project without change or without evaluation
pursuant to subsection (3), which follows, shall be granted to
enable the developer to complete the project as opposed to
allowing a continuing approval in order to more readily sell the
land and/or project. In considering "diligence and good faith",
the granting body shall consider:
* When the construction commenced (construction
which is commenced immediately preceding
expiration generally indicates a lack of good
faith) ;
* The extent to which construction has proceeded;
* The extent to which there has been a bonafide
continuous effort to develop but because of
circumstances beyond the control of the developer,
it was not possible to meet the 25% standard.
A failure to obtain an extension under this subsection
does not preclude an application for an extension under
subsection (D)(3) which follows.
(3 ) No Construction: When the project has not
commenced construction, or construction has not been deemed
substantial, the request for extension shall be considered
pursuant to the followingf
(a) The project shall be evaluated pursuant to
the land development regulations in effect at
the time of consideration of the extension
request and shall comply with such current
requirements;
(b) Additional submittal information including a
new application and copies of previously
submittal material may be required
(c) The granting body must make findings pursuant
to 2.4.4(B)
( d) The granting body may impose additional
conditions of approval pursuant to 2.4.4(C)
to insure compliance with any applicable
changes to regulations or changes in
circumstances which have occurred since the
previous approval.
2435
",,'
'. , 6. . ....u 0. L U ('-J 1 r"J l:J L:;UHHU ---! ''3TAFF REPORT
M r ", -
CITY OF OELRAY c'--t3EACH .--..
.
MEET ING mTE= OCTOBER 15, 1990
AGEl'Q=t ITEM: V,A.
DELRAY BAY APARTMENTS, MAJOR MODIFICATION, ADDITION OF UNITS AND SITE REDESIGN
ITEM : (FORMERLY CROSSWINDS, OFF LINTON BOULEVARD), AND, SITE PLAN EXTENSION REQUEST.
. ~ . . . .. .
@
~ 1
!
GENERAL DATA: .
OWIlC r . . . . .. . .. .. . .. . .. . . . (: ~ lr a V 13., Y r 4 f lll~ r s
Agcnt................... .GatV Jahr4US. C~lray Bay Partners
Location.. ...... ....... ..l~~atcd ~cst of 11:::1"'':'....0':'1 B }"1 . . south of
Linton Blvd. an1 n::>rlh of Germantown Rd.
Property Size........ ....14.217 Acres
City Land Use Plan.......Residential - t1ediwn Density 5-12
du/acre
Existing Zoning..........FPD-IO (Planned Residential Development
Oistcictt
Proposed Zoning ILOR'sl..FRD (Planned Residential DcveloFment
District)
Adjacent Zoning......... .1'':Hth cf th~ subj':!ct prcf:'~rty is toned
PII- 10 IlIultiple-family t-..ell1n?
Oistrict!. South 1 s t::>ne1 R-l>'AA
ISln?le-ra~ill ~..;cllln~ Dlstrict/. East
Is ZCCl~oj fPO-IO. ""cst 1 s t'.:'nc1 P11-10
an1 APT IA~ric~ltul~1 Residential
~{an~itional Oistrlctl.
Existing Land Use........Vacant Land
Proposed Land Use........ 252 I"-.Iltiple-rami ly r-..;ellin~ Units
Water Service...... .... ..Frovi1,:,1 vi~ ,:,~nCl':':::tions to th~ ~)dsting
8" ......-1ter ""3ins lc:::~t~1 within Crcsswinds
Fhase ( . north an1 south of thl! La~.e
Tract.
SeHer Servicc............frovid':"j via conno.:-=tions to the e)(lstin~
8" s':".....e r ,..1 ins lc=~tc1 within Crosswinds
Flll<;':' t . n~rth ~n1 south of tho.:- l~y.e
TrJ":t. lh~ !"':1ins 11ain into I j ( t
st.lti,:;n St:.. Li ( t staticn ur~Ia1in9 may \ J
t,:, rCTJlrc:J. r -r,.-. .
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9 C!.. - MEETING OF OCTOBER 8 , 1991
APPEAL OF PLANNING AND ZONING BOARD DECISION
DATE: October 4, 1991
At your August 13th meeting the Commission was to hear an appeal of a
Planning and Zoning Board decision denying a preliminary plat for the
proposed Griffin Gate subdivision located on the southeast corner of
Swinton Avenue and S.E. 4th Street. At that time, a continuance was
granted at the applicant's request. There has been no further
communication from the applicant to the City. However, the applicant
has been in communication with the Community Redevelopment Agency
Director. At last report, Mr. Griffin stated that he wished to proceed
with the appeal so that he would not have to pay a processing fee in
the event a new preliminary plat is submitted. Mr. Griffin has been
notified that his appeal is being placed before the Commission for
disposition on October 8th.
The Planning and Zoning Board at their July 29th meeting denied the
preliminary plat (4-0) vote, based upon a finding that there would be a
resulting incompatibility of land use between the proposed single
family detached and/or duplex units and the existing land uses of
commercial/industrial to the east, the Drug Abuse Foundation to the
west, multiple family to the south, and being located along a County
collector roadway.
The Director of Planning and Zoning recommends that the Commission
uphold the findings of the Planning and Zoning Board and deny the
appeal. It should be noted that if contrary action is to be taken,
findings should be made as to compatibility of the resulting land use
on individual lots. A detailed staff report is attached as backup
material for this item.
Recommend consideration of an appeal of a Planning and Zoning Board
decision denying a preliminary plat for the proposed Griffin Gate
subdivision.
~ ~
~JJL .
~
<3 -b 1 (RAndolph d"ssE-nll f'J8 )
""
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
ID J~~~O~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
APPEAL OF PLANNING AND ZONING BOARD ACTION, DENIAL OF
THE PRELIMINARY PLAT FOR THE GRIFFIN GATE SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a P&Z Board action and then approving the
preliminary plat for the proposed Griffin Gate Subdivision.
The project is a six lot subdivision, designed to R-1-A
standards upon land zoned RM. It is located at the
southeast corner of Swinton Avenue and S.E. 4th Street.
BACKGROUND:
This appeal had been before the City Commission on August 13th.
At that time, a continuance was granted at the applicant's
request. There has been no further communication from the
applicant to the City although there has been communication
between the CRA Director and the applicant. At last report, the
Director stated Mr. Griffin wished to proceed with the appeal so
that he would not have to pay a new processing fee in the event a
new preliminary plat was submitted. I have written to Mr.
Griffin informing him that the appeal would again be heard by the
Commission and that any information beyond that contained in his
letter of August 2nd should be provided to the City so that it
can be included in the agenda documentation.
Also, the CRA Director has been instrumental in engaging a local
architect to prepare a concept plan for for affordable housing on
the property. Such a concept plan, containing five lots with
each lot having a duplex which is then further placed in separate
ownership (i.e. ten units, ten lots) will be discussed by the
C.R.A. Board on Thursday, October 3rd. If relevant, a report of
that review will be presented at the City Commission meeting.
."
City Commission Documentation
Appeal of Planning & Zoning Board Action, Denial of
the Preliminary Plat for the Griffin Gate Subdivision
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the six lot
subdivision at its meeting of July 29th at which time the
unanimous vote for DENIAL occurred.
ALTERNATIVE ACTIONS:
The following courses of action are available to the City
Commission:
1. Uphold the Planning and Zoning Board action and deny the
appeal. This action does not preclude the submission of a
new plat for the property.
2. Uphold the Planning and Zoning Board and deny the appeal,
and in a separate action waive the $500 preliminary plat
processing fee based upon a determination [per 2.4.3(L)(7)(a)]
that there is good and substantial cause. (This action would be
appropriate only if a formal request for waiver of the processing
fee is formally requested.)
3. Accept a revised submission and remand the project back to
the Planning and Zoning Board for further review, analysis,
and recommendation.
RECOMMENDED ACTION:
By motion, that based upon a finding that the Planning and Zoning
Board acted properly and based its action of DENIAL upon
reasonable grounds, the City Commission hereby upholds the
Planning and Zoning Board action and denies the appeal.
Attachment:
* None: Please refer to your previous documentation for
the meeting of August 13, 1991, for background
information.
DJK/#85/CCGRIFF.TXT
~"H
.
[ITY OF DELRAY DEA[H
100 N.W. 1st AVEt,JUE . DELRAV BEACH. r'Lor~IDA33444 . 407/243- 7000
September 30, 1991
Fred Griffin Construction Company
1050 S. Federal Highway - #130
Delray Beach, FL 33483
Re: Pendinq Appeal re Griffin Gate Subdivision
Dear Mr. Griffin:
At its meeting of August 13, 1991, the City Commission, at your
request, continued consideration of your appeal of the Planning
and Zoning Board's denial of the preliminary plat for the
proposed Griffin Gate subdivision.
This letter is to inform you that this pending action will again
be before the City Commission on Tuesday, October 8th. If you
wish to provide the City Commission with any information other
than that contained in your letter of August 2nd, please have
such information delivered to either my office or to the City
Clerk by the end of the workday on Thursday, October 3rd so that
it can be included in the Commission's agenda packet.
Cordially,
~~
i . Kovacs'-:~ector
Department of Planning and Zoning
DJK/dlm
c:
Chris Brown, Director C.R.A.
Alison McGregor-Harty, City Clerk
Project File
DJK/#86/GRIFFIN.TXT
Tm, E r:um r A [\'vA YS M ATTEns
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tfEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM II q D - MEETING OF OCTOBER 8, 1991
APPEAL OF HISTORIC PRESERVATION BOARD DECISIONS WITH REGARD
TO THE SUNDY HOUSE AND SUNDY HOUSE APARTMENT COMPOSITE SITE
PLANS
DATE: October 4, 1991
At your October I, 1991 workshop meeting, the Commission held a
discussion on this subject. It involves actions taken by the Historic
Preservation Board at their September 23rd meeting with regard to the
composite site plan for the Sundy House and Sundy Apartments and its
associated variances, waivers, and special disposition items. By a 5-0
vote, the Board approved the Composite Site Plan subject to
conditions. One of those conditions required alteration of the west
property line for the Sundy Apartments to accommodate a five foot
right-of-way dedication. Subsequently, we have received a request for
appeal from the I agent. While that appeal letter Addresses
owner s
several items, they are not appropriate for consideration at this
time. At issue is the HPB action to a 11 ow reduction of the required
right-of-way along S.W. 1st Avenue to 50 feet. The applicant had
requested a reduction to 40 feet.
The Administrations I recommendation is to deny the appeal, but
accommodate an encroachment up to three feet for the screening hedge.
Then at a later date, when it is deemed appropriate to install a
sidewalk, either the sidewalk will be worked around the hedge or the
hedge will be removed. A detailed staff report is enclosed as backup
material for this item. At your October 1st meeting it did not appear
that there were any items which were going to be appealed by the
Commission. If so, they need to be specifically identified at your
Tuesday evening meeting.
."H
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
FROM: DAV~~V~S~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
APPEAL OF HISTORIC PRESERVATION BOARD ACTION WITH
RESPECT TO THE SUNDY HOUSE & APARTMENTS SITE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of specific actions taken by the Historic
Preservation Board in their overall approval of the
composite site plan for the Sundy House/Sundy Apartments
project.
The project is located between Swinton and S.E. lst Avenues,
south of S.E. 1st Street.
BACKGROUND:
Full documentation and discussion of this subject matter occurred
at the October 1st work session of the City Commission. Include
with this (current) documentation is only Mr. McCall's appeal
letter.
ITEMS OF APPEAL:
It does not appear that there are any items which are going to be
appealed by the City Commission. If so, they need to be
specifically identified by a Commission member.
Mr. McCall's letter raises one point of appeal. Although other
items are mentioned in his letter, they are not appropriate for
consideration at this time. The appeal item is:
* The HPB action to allow reduction in the required
right-of-way along S.W. 1st Avenue to 50'. The action
was taken pursuant to Section 5.3.1(D)(4) [copy of page
5302 is attached] . The applicant had requested a
reduction in right-of-way width to 40'.
City Commission Documentation
Appeal of Historic Preseravation Board Action with
Resepct to the Sundy House & Apartments Site Plan
Page 2
The basis for the appeal is contained in Mr. McCall's letter.
The Planning Director's response to each point is as follows:
Point #1: Claim that the City does not have a plan to widen the
street and that dedication now would deprive the Public of the
use of a proposed off-street parking area.
* The street is not planned to be widened; however, the
dedication area would accommodate the construction of a
sidewalk. Given discussion regarding revitalization of the
area, there appears to be a need for accommodating a
sidewalk in the near future.
* The Public is not to have use of the proposed off-street
parking area. The parking is to be for the private use of
apartment dwellers. Also, the existing parking may remain.
Point #2: Adverse impact upon design and use of proposed parking
lot.
* Dedication would adversely impact redesign of the parking
area.
Point #3: Adverse impact because designing the parking lot to
code would mean the loss of the spaces and make the redesign
impractical.
* I concur. However, other options for accommodating parking
needs do exist. One is to retain the existing situation;
the other is to use the parking lot in the rear of the
apartment building for the apartment dwellers.
Pursuant to Section 5.3.l(D)(4), the following items must be
satisfied in order to grant a reduction in right-of-way width:
(a) The reduction is supported by the City Engineer. Nonsupport
by the City Engineer may be appealed to the Board of
Construction Appeals.
(b) That requiring full dedication would constitute a hardship
in a particular instance and that all required improvements
will be provided in a manner which will not endanger public
safety and welfare.
(c) That acceptable, alternative provisions are made to
accommodate features which would otherwise be accommodated
within the right-of-way e.g. alternative drainage systems,
alternative pedestrian walkways, alternative on-street
parking, etc.
III'.
City Commission Documentation
Appeal of Historic Preseravation Board Action with
Resepct to the Sundy House & Apartments Site Plan
Page 3
AS PRESENTED, there does not appear to be a basis for granting of
the appeal. However, in order to reach a compromise and provide
a solution which may be satisfactory to the applicant, the
Administration has reviewed the options which were discussed at
the work session. Those options were:
a) provide for a reduced width of sidewalk and drainage
facility within the existing right-of-way; or,
b) allow temporary encroachment into the right-of-way for
hedging materials.
The Administration's recommendation is to deny the appeal, but
accommodate an encroachment up to three feet (3' ) for the
screening hedge. Then, at a later date when it is deemed
appropriate to install a sidewalk, either the sidewalk will be
worked around the hedge or the hedge will be removed.
RECOMMENDED ACTION:
By motion, deny the appeal for further reduction of right-of-way
and, concurrently, direct that an encroachment permit be allowed
wherein a screening hedge may be located within the right-of-way
(up to a maximum of three feet encroachment) and that the hedge
may be removed, at a future date, by the City, if it becomes
necessary and appropriate to do so.
Attachment:
* McCall's letter of September 30, 1991
* LDR Page 5302
DJK/#86/CCSUNDY.TXT
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r:::- september 30, 1991 ,~=
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-T David Kovacs, Director /99/
Ir;
- Department of Planning & Zoning
Ir; PIA Nf\J I V .
~ City of Delray Beach
'" . , '( 'f"' &
) '.:i ",..
r:::- 100 N W First Avenue L.UfViJVI.;
0
-T Delray Beach Fl 33444
~
N
'" Re: APPEALS - SUNDY HOUSE / APARTMENT COMPOSITE SITE PLAN
-T
'"
'"
....J Dear David:
u...
Ii
0
+-' In reply to your letter of September 25, I wish to make comments
'"
0::: and to appeal certain items outlined in your Memorandum to the
'"
v City Commission dated September 24.
0
co
-d
0::: Items 1.a) b) c) & d) have been resolved. Items 1.e) & f) are
~ items that are appealed. More specifically;
0...
0
+-'
+-'
'" a) The sidewalk has been changed to pearock parking.
8
r;
0...
W b) Pressure treated wood to replace concrete curbing.
-
-
'" c) Outdoor refrigeration unit is relocated to comply with
00 setbacks.
~
~ d) Trash enclosure relocated and changed to a dumpster.
Z
Z Items e) and f) relate to the same matter of the Apartment west
<
~ street yard on S W First Avenue. Mr Jensen wishes to appeal:
~
~ e) "alteration of the west property line for the Sundy
00 Apartment to accommodate a 5' right-of-way dedication."
f-4
U f) "redesign of the front yard parking at the Sundy
~
f-4 Apartment in order to accommodate design requirements and
~ the right-of-way dedication."
:t
U
~ I do not believe that it would be in the best interest of the
< Public or of the City to require this dedication, because;
:t 1. The city does not have a plan to widen this street, and
U if the dedication is taken now the Public will be
~ deprived of the use of the proposed off street parking
area.
~ 2 . A loss of five feet would prohibit development of an off
~
~ street parking area on the street side of the apartment
< building, because there would not be sufficient area to
U have four parking spaces and the required visual
()
~ screening of a landscaped hedge adjacent to the
street. The hedge between the parking and the street
I MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
," ,~
~ 2,
r--
r--
.....
v-,
~
..,..,
r::- is essential, not only for appearance, but to control
0
'1-
'-' access to the parking area. Without the hedge, there
><:
'" would be no control and people would pull straight in
>.L..
..,.., perpendicular to the street as they do now, and nothing
""" would be gained.
v-,
.....
lr',
~
..,..,
r::- 3. If the dedication is required, and the landscape hedge is
0
""" provided, as I think it should be, the area remaining
'-'
N would allow only two ( 2 ) spaces, and that would not be
..,.., feasible effort.
"""
..,..,
..,..,
......l Item 2. of your memorandum concerned the Exhibit "Technical
>.L..
d' Items" to be reflected on the final site plan or the plat. The
0
..., Historic Preservation Board did not spent very much time
'"
P::
'" reviewing these items, and as I recall they were approved as a
u Also, you did not include the Exhibit with the Memo to
0 group.
o:l
-d the City Commission for their review. I think the Exhibit
P:: contains some very important items that need their
->:i consideration.
0....
0
...,
...,
'" The first ten items concerns details on the site plan. Item #6
E
-;;; is the only item that I appeal. All of the other work has been
0...
pj specified and will be done.
.....
.....
..,.., I appeal item #6 "If the power pole by the street is relocated,
00 the driveway entry is to be redesigned to eliminate or reduce the
~ jog". The power pole by the street is an necessary anchor pole
~ to the lines in the block North of the Sundy property and cannot
Z be "just relocated". There are two other utility poles that
Z contribute to the jog in the driveway. A Florida Power and Light
<
~ engineer quoted me a cost of $8,000.00 per pole to have them
~ relocated. The cost cannot be justified.
~
00 The second list on your Exhibit, "Items to be addressed with the
~ plat submission", are all items that have a direct affect on this
U project and should be considered at this time . With the
~
~ exception of item #7, I appeal the entire list (eight items).
~
:t
u 1. The sight triangle at Swinton Ave. and First Street
~
< was established as ten feet instead of forty feet at our
the first meeting with the City Commission. The thirty
:t inch high picket fence has been installed along the
U property line. There is certainly is not a sight
Z problem at the intersection now.
~
~ 2. A new larger water meter is not necessary for the
~ Sundy House Antique Shop and Tea Room. The Sundy House
~ had three bathrooms and a kitchen. The building now has
< one bathroom u,?stairs that will ~ee llttJnYe'~hree
U
u toilets downsta1rs, one of which 1S a ha ~p,t.011et,
~ and a service kitchen with one s ink and a ~washer;A "
water flow test has been made and it is our o~ion that
I 'j 1 1991
PLANNiNG & ZOf'~li\jl,
MEMBERS o F THE AMERICAN INSTITUTE OF ARCHITECTS
~.,
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r:: there is sufficient water flow to meet the demands of the
0
'<I"
~ new use. I appeal the requirement for a larger water
><:
~ service.
~
r')
'<I" 3 . The staff report suggested upgrading the water service
lr,
...... to a two inch meter, and gave us a choice of jack-n-bore
.;..,
0\ under Swinton to the East side for a connection to a ten
r')
r:: inch water main, or to make a connection to the two inch
0
3 main on S W First Street with the possibility of
N upgrading the substandard water mains adjacent to the
r') Sundy property. Either choice would be an outrageous
'<I"
r') expense that is not necessary. I appeal that you do not
r')
......l give this any further consideration.
~
c-
o approved Sundy House Site Plan has the
..., 4. The existing
~
~ same condition of driveway and parking over the existing
~
u sanity I do not recall any concern expressed for
&l sewer.
-0 the sewer condition at the previous Site Plan Review or
~ any consideration of a possible upgrade of the sewer
....:.i line. I appeal that your investigation of this matter
0.-
0 does not delay completion of our project.
...,
...,
r,)
E
-;;; 5. The kitchen plumbing has been installed with a grease
0.-
~ trap, as shown on the drawings and approved by the
...... plumbing inspector, so nothing more is required for this
......
r') matter.
00
p::: 6 . The Site Drainage Plan has not been submitted because
~ of the series of changes to the site plan that have been
Z required. With City Commission approval, the site plan
Z will be firm and within two days I will submit a site
<
,..J grading plan. At the present time, the addition of a
~ concrete walk, two handicap parking spaces, the dumpster
~ and drive, and the refrigeration unit, one thousand one
00 hundred and one (1101) square feet of pervious area has
~ been added to the site, an increase of two percent ( 2%) .
U Eighty three per cent (83\) of the site is impervious.
~
~ The soil test shows white sand to a test depth of six ( 6 )
~ feet, and the percolation test showed an absorbent rate
:x:
U of fifteen seconds per inch. There has never been a
p::: drainage problem on this property, there has not been
< that much of a change in the ground surface affecting its
ability to absorb water because the gravel and pearock
:x: parking surface will drain itself, and the wood deck
U allows rain water to drain between the wood members to
~ the ground below. The parking and deck materials were
chosen for those reasons, and also to allow for the
~ natural condition of the property to retain its
,..J historical character. I appeal to City ~5ion to
,..J consider that the minor changes describe "...#~;ye will
< allow the site to continue to have adequate ~~1nage. .
U ...~....,
U 7 . The "hold harmless" agreement pertainiN~jtd ~~
~
garage encroachment into the right-of-way is being
I PLANNING & Z()l\.n~L1
.
MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
",,'
0- 4,
1"-
1"-
.....
v-,
0-
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r::: prepared and will be delivered to you in few days.
0
3
><
co 8. A sidewalk is being provided on S W First street from
"'"'
r') Swinton to S W First Avenue. The sidewalk finish from
""" First Avenue, East to the driveway entrance to the
v-,
..... parking will be concrete, including the drive to the
!r',
0- dumpster location. The parking entrance dr i veway from
r')
r::: the street edge to the first parking space will be
0
3 concrete paver blocks. This same material will be on the
N sidewalk to the corner of Swinton, and also the driveway
r') in front of the garage.
"""
r')
r')
......l The Historical Preservation Board approved a waiver of
"'"'
c installation of a sidewalk along S W First Avenue until
0
'-' such time as it is deemed necessary to have a sidewalk by
'"
:x:
co either the city or the owner of the property.
u
0 Considering that the sidewalk can be provided at such
c:o
-0 time that the city determines its need, and knowing that
:x: it would not serve a useful purpose at this time, I
....I<i appeal to you to concur with the findings of the
0...
0 Historical Preservation Board.
'-'
'-'
'"
s
-;;; Another item that did not show on your list of Technical
0...
~ Items, but was included in the list of Specific Action
..... for the HPB to act on was "undergrounding of on-site
.....
r') service utilities". I recall very little discussion on
00 this matter as it was combined with the issue of
p:: undergrounding of FP&L service. Hy notes indicate that
~ the HPB vote was "yes" to require underground utility
Z services of electric, telephone, and CATV lines to the
Z Sundy Apartments. If that is correct, I strongly appeal
<
~ their decision, because of the complexity of the site
~ with many large trees with very large root systems. This
~ condition does not allow a simple trenched straight line
00 cable burial. It does present the very difficult task of
~ finding a route that will allow the cable to be buried
U properly. The electric service must be in rigid conduit,
~
~ and it would be very expensive operation. The services
~ work perfectly well now and there is no reason to change
::c
U it. I appeal any requirement to provide underground on
p:: site utility services.
<
Please convey this information to the City Commission for
::c their workshop meeting. Thank you.
U
~ Sincerely
~ ~,,^I[JQ
~ ~WtTF Wil.'flF, 11\
~ _ .'; I '....~.~ -' ' . '.1 ! .:"'~ 1"
< ltJ ,'" ~..,;.......... '-4 I ,\ I:"
U Howard E He Call :~ >$ ','~':'~f ~J~:~.,
u OCT 1 1991
~
I i'! Af\lf\PNG I,~ l~)f'~jf'-jG
MEMBERS o F THE AMERICAN INSTITUTE OF ARCHITECTS
",,'
It.1
, .
Section 5.3.1 CD)
(D) Right-of-Way Dimensions:
( 1 ) Right-of-way shall be provided for Principal
Arterials and Minor Arterials as shown for ultimate right-of-way
width in Table T-4 of the Traffic Element of the Comprehensive
Plan.
(2 ) The following right-of-way width is required for
the category of other streets as identified, except as otherwise
provided in the Table T-4 of the Traffic Element:
Street Type Width in feet
County Collector 80
City Collector 80
Local commercial/industrial street 60
Local residential street
* without curb and gutter 60
* with curb and gutter 50
Alleys 20, or existing
dominant width
(3) Additional Width: Additional right-of-way width
may be required to promote public safety and welfare; and, to
assure adequate access, circulation, and parking in high
intensity use areas. Such a determination shall be advanced by a
recommendation from the City Engineer and may be based upon the
results of a traffic study or general knowledge of the City. The
authority for requiring such additional right-of-way shall rest
with the body having the approval authority of the associated
development application.
(4) Reduction in Width: A reduction in the required
right-of-way width established in Subsection (D)(2), above, may
be granted by the body having the approval authority of the
associated development application pursuant to the following:
(a) The reduction is supported by the City
Engineer. Nonsupport by the City Engineer
may be appealed to the Board of Construction
Appeals.
(b) That requiring full dedication would
constitute a hardship in a particular
instance and that all required improvements
will be provided in a manner which will not
endanger public safety and welfare.
(c) That acceptable, alternative provisions are
made to accommodate features which would
otherwise be accommodated within the
right-of-way e.g. alternative drainage
systems, alternative pedestrian walkways,
alternative on-street parking, etc.
5302
"""
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f/~1
SUBJECT: AGENDA ITEM II ~~ - MEETING OF OCTOBER 8, 1991
REQUEST FOR VARIANCE/710 S.E~_~~h C~URT
DATE: October 4, 1991
We have received a request from the property owner at 710 S.E. 8th
Court for a variance to permit a dock to remain as built, without the
construction of sewage pump out facilities.
This dock has a long history. In Apri I 1989, the initial piling was
installed without a permit. In July 1989, the Corps of Engineers
issued a permit and in August 1989 the City issued a permit. The dock
was then constructed in accordance with permit requirements, which
required resetting of dolphin piling, removal of 10 feet of the old
existing dock, and installation of ladders and sewage pump out
facilities. The installation of ladders and sewage pump out
facilities was never completed.
The City Engineer has reviewed this request and recommends approval, as
it would cause an undue hardship on the property owner. Additionally,
similar variances have been granted in the past.
Recommend approval of the request for a variance to allow a dock to
remain, as constructed, on property at 710 S.E. 8th Court.
r<\O-\1D f\ -\-0 5eAn+ +hs UAeiRne.s ditA -toe.. I Ac..t:. ci
SEconD
mct10() +0 den .:1 ~iW> +0 d--/~
p FtSS OYI UoTE- -
.,.
,
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 8/26/91
X Regular Agenda ____Special Agenda ____Workshop Agenda
Z
When: October /f'. 1991
what, where, how much)____
t Court., - wants a modification
, to allow the dock
-out as re uired
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Engineerin~ recommends approval of the variance reauest
~in~e it is ~onsidered unnecessary for a single familv residence and would
~au~e undue hardship and expense.
Department Head signature: /Jf//!.$, O;?~~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO n/a
Funding alternatives n/a (if applicable)
Account No. & Description n/a
Account Balance n/a
City Manager Review:
Approved for agenda: &NO f~l
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
",."
l{~ '
t..... l' f!y-:-.
MEMORANDUM ' ,t. .t r,
.{, "
SEP 211991 .
CITY MA
NAGER'S 0
TO: David Harden FFICE
City Manager
FROM: Mark A. Gabriel, P.E.
Asst. Dir. of Env. Svcs./City Engineer
DATE: August 26, 1991
SUBJECT: Dock Variance - 710 S.E. 8th Court
Delray Shores
The owner of the above property has requested a modification
of the standards of approval for a completed dock. The dock
was not approved as a sewage pump out and was not installed
in accordance with the required city ordinance and permit
issued for construction.
We have reviewed this request and we recommend approval,
since it would cause undue hardship and expense, and
similar variances have been granted for similar single
family residences.
An agenda request form is attached for further processing.
MG:mm
File: PCVAR826.MRM - Memos to City Manager
""'1
<,'.'1"").
MEMQRANDUM
T~I\I1Rm"n:-:n': <"t:"o" , 'rf'
i . , 'io.I < 'i. i..... i" , f' \ t,.. .....; L 1\ 1- l G L.-..';
TO: Mark Gabriel, Ass't. Director of Env9I~;r~i~~5eer
.
FROM: Richard Bauer, Code Enforcement Adminif\tt::at?C i i: r
SUBJECT: REQUEST FOR MODIFICATION OF STANDARDS FOR APPROVAL
UNDER CITY ORDINANCE 154.04(A).
DATE: July 23, 1991
The owner of the property at 710 Southeast Eighth Court, Fasz Rio Del Rey,
Inc. , constructed a dock at said property but did not adhere to Code of
Ordinance section 154.16(D), 154.17(C) and 154.17(A). While a permit
was obtained for the work, final inspections were not performed.
The owner of the above property is now requesting a Modification of Standards
for approval under City Ordinance 154.04(A) to permit the dock as built.
In order to process the owner's request, I need your recommendation in
accordance with the provisions set forth in City Ordinance 154.04(A). I am
attaching a copy of the owner's letter, which contains his request and his
reasons for requesting same. As you will note from the letter, the owner can
be reached through Sean Ziems, P. O. Box 920, Boynton Beach, Florida 33435, or
at 278-8492.
I am also attaching a copy of the building permit file for the dock in
question. Pat Costello of your office is familiar with this problem.
Please let me have your recommendation as soon as possible so that I can
process this matter to the City Commission.
rb/mh
cc: David Harden
Lula Butler
"".,
,""
.
MEMORANDUM
TO: Mark A. Gabriel, P.E.
Asst. Dir. of Environmental Services/
city Engineer
FROM: Pat Costello
Engineer Inspector
SUBJECT: VIOLATIONS IN DOCK CONSTRUCTION -
710 S.E. 8TH COURT - LOT 16 BLOCK 4
DEL REY SHORES
PERMIT NO. 89-3026
DATE: August 8, 1991
The dock construction sequence was as follows.
1. Initial piling was installed without a permit in April
1989. At the request of Code Enforcement we inspected
the work and instructed the Contractor to stop work and
obtain the necessary permits.
2. Corps of Engineers Permit issued 7/17/89. City of
Delray Permit issued 8/10/89. This was subjected to
Triple-fee Penalty.
3. The dock construction was then completed in accordance
with permit req~irements; required resetting of Dolphin
piling and removal of 10 feet of (old) existing dock.
4. The installation of ladders and sewage pump-out
facilities were never completed. It was inspected by
me and could not be approved on this account and
despite numerous attempts the owner could not be
contacted.
5. Present violation issued 6/19/90 by Code Enforcement,
requires installation of ladders and sewage pump-out.
..
6. The Owner has petitioned the City Commission, (letter
dated July 12th, 1991) to modify the standards and
accept the dock as constructed/construe this to refer
cto the pump-out only
~~~~
Pat Coste 10 .
PC/gm
cc: File:Violations
~]!H HYDRO CONDUIT CORPORATION
L .-J
PROJECT
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2S-0 JENKINS AND CHARLAND, INC. F'Il..E No.
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ADDIIO L REPAIRS MAY BE IT IS NECESSARY TO \37
REOUI D CONFORM TO CITY BRING THIS VIOLATION ~
CODE PL ASE DISCUSS WITH CITY OF DELRAY BEACH NOTICE WHEN APPlYING FOR
THE BL G. I SPECTION DIVISION APPUCABLE PERMIT(S)
WH AINING PERMIT(S) Code Enforcement Division
VIOLATION NOTICE
Case No.:
Investigation Date: h /I~ /90 REINSPECTION
/ / RESULTS'
Violation Issuance Date:
Date: By:
Address of Violation: 7/0 :s E ~ IE::t 'CT . Delrav Beach. Florida 1. / /
Legal: Lc>-r \~ 1:bL-\G 4 1 RlO tJE:L R&Y SI40l?-F S 2, I ,
P. C. Number: 12 -~.f. 4{'-U-() '1- ~'I- ol'D MAf'll.re, ~~"~C~.lro ~C.k 3, I /
Owner: f!,.lJZ f(.() O~L fey 'tiJt:.. co"'r"Ac1u~ ~ "RAY QvA ~Ma~ 4. I /
Address: ~O)( ~gq fb~fflHJ IZ'D. PO ~DlC.. /c+61 , ~MPA~'&M ~~oc,l 5. I /
;A-lZ""1~!4 VIf..t..E:~ tJ Y' IIi '3 ~ .
PLEASE NOTE: YOU ARE IN VIOLATION OF THE FOLLOWING PROVISION(S) OFTHECITY'S CODE OF ORDINANCES:
Chapter: / S't) Section: I~ .o/5"A JS'U13AIIj.lJ/P 1 2 3 4 5
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Which Requires: F; t...I,q.. L.. -7's</..~ P E-/J'/ J t!J ^" ., F"oK ALL
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Violation may be corrected by~ ~ C A(::}
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Which Requires: D06J::: LA 0 Dt:= 1<_5
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Violation may be corrected by: ::;TN.3TAlU- -4~~ E (' PcK PU4A1)
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Chapter: Section: / !i" L/. ~ /1 (A.)
Which R.f~"" ~e ~-:; ,{::::;~~T CONu!&./cP
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I/f/EK / 1J.:5 <:::: 70N~
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Chapter: Section:
Which Requires:
Violation may be corrected by:
You have I1L days from the above issuance date to correct the above violation(s).
Failure to comply with this VIOLATION NOTICE may result in imposition of fines up to '250.00 per day per
violation
~ /11,10
ENT OFFICER DATE DIVISON ADMINISTRATOR
SIGNED
CODe 400 ( 407) 243- 7Z2..,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: f?ITY MANAGER
SUBJECT: AGENDA ITEM II 'f.~. - MEETING QF OC~OBER 8, 1991
RESOLUTION NO. 79-91
DATE: October 4, 1991
This is a resolution requesting the transfer of the jurisdictional
powers from Palm Beach County to the City of Delray Beach, for that
right-of-way of Dixie Highway which extends from N.E. 8th Street
(AKA George Bush Boulevard) to Gulfstream Boulevard (the
northern-most City limits).
During review of various projects (the proposed Oak Square Treatment
Center, the old Miller Dodge site, etc. ) , we have encountered problems
with specific agencies in the County regarding improvement requirements
and right-of-way demands. Because of these problems, and as Dixie
Highway no longer serves as the exclusive access to the adjacent
properties it is appropriate to seek jurisdiction. Boynton Beach has
initiated a similar request for that portion of Dixie Highway wi thin
their boundaries.
Recommend approval of Resolution No. 79-91.
."
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: GS~j~:Y MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
RESOLUTION RE TRANSFER OF JURISDICTION RE DIXIE HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution through which the City is seeking
transfer of jurisdiction for a portion of Dixie Highway.
The affected portion of Dixie Highway is that portion
located between N.E. 8th Street and the northerly City
limits.
BACKGROUND:
This roadway was, at one time, a part of the County thoroughfare
system. Over time, the roadway has become a minor street as
Federal Highway has expanded. In this location, Dixie Highway
parallels the FEC Railway and does not serve as the exclusive
access to properties (adjacent properties have access to Federal
Highway also).
During review of various projects (specifically, the proposed Oak
Square Treatment Center, the old Miller Dodge site, and others),
we have encountered problems with specific agencies in the County
regarding improvement requirements and right-of-way demands.
Another influencing factor is that the FEC's right-of-way is
directly adjacent to Dixie Highway's west boundary and the
realization that, in places, the pavement extends onto that
right-of-way.
Dealing with the above has proven quite cumbersome and
frustrating (see letter of March 4, 1991, from County
Engineering). Boynton Beach was in a similar position.
Discussion ensued between the two City Administrations. Boynton
Beach has proceeded with obtaining a change in jurisdiction for
that portion within their boundaries (BOCC action on September
24, 1991). We are now following through on the matter.
."
"."
.
City Commission Documentation
Resolution Re Transfer of Jurisdiction Re Dixie Highway
Page 2
RECOMMENDED ACTION:
Adopt the attached Resolution which requests a transfer of
jurisdiction of this roadway and which directs the City
Administration to pursue such a transfer.
Attachment:
* County Engineering letter of March 4, 1991
* Resolution
DJK/#86/CCDIXIE.TXT
."
U()ard Qf County Commissioners County Administrator
Karen T. Marcus. Chair Jan \\'in!~rs
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist Depart /lll'Il! of "ngincering
Mary McCarty .11)(1 Public \\' orks
Ken Foster
Maude Ford Lee
March 4, 1991
Kathleen E. Dearden
Planner II
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
SUBJECT: DIXIE HIGHWAY NORTH OF N.E. 8TH STREET TO
NORTH CITY LIMITS OF DELRAY BEACH
Dear Ms. Dearden:
I am writing in reply to your letter of February 26, concerning the ultimate
right-of-way for the subject roadway.
While this section of Dixie Highway does not appear.on the Thoroughfare Plan,
it does serve the function of a collector road, has considerable continuity and
provides access to commercial, as well as residential properties.
Given these considerations, the County's position is that an 80' wide right-
of-way is appropriate for th is facility. Such a right-of-way provides the
opportunity for the construction of appropriate turn lanes, utilities, drainage
and future road widening.
I hope this is sufficient to fill your needs. Please feel free to contact me
if you have any questions.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
d:fs~.~
t
ndrew S. Hertel
Engineering Assistant III - Traffic Division
ASH:emg
cc: Charles R. Walker, Jr., P.E. - Director, Traffic Division , ~~~
Bev Hansen - Right of Way Acquisition ~"'''''~1\:'.''' .\
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RESOLUTION NO.79_9l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA REQUESTING THE TRANSFER OF THE
JURISDICTIONAL POWERS FROM PALM BEACH COUNTY TO THE
CITY OF DELRAY BEACH, FOR THAT RIGHT-OF-WAY OF DIXIE
HIGHWAY WHICH EXTENDS FROM N.E. 8TH STREET (AKA GEORGE
BUSH BOULEVARD) TO GULF STREAM BOULEVARD (THE NORTHERN-
MOST CITY LIMITS) .
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires that it have jurisdictional power for the right-of-way
for Dixie Highway, as it lies within the municipal boundaries, of the
City of Delray Beach from N.E. 8th Street (aka George Bush Boulevard)
to Gulfstream Boulevard (the northernmost City limits); and,
WHEREAS, said portion of Dixie Highway north of Gulfstream
Boulevard is not under County jurisdiction but is under the
jurisdiction of the City of Boynton Beach; and,
WHEREAS, said Dixie Highway does not function as a collector
road, nor as a County road travelling through more than one
municipality; and,
WHEREAS, said Dixie Highway currently is within the
jurisdiction of Palm Beach County,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby requests that Palm Beach County transfer
jurisdiction for that portion of Dixie Highway which extends from N.E.
8th Street (aka George Bush Boulevard) to Gulfstream Boulevard (the
northermost City limits) to the City of Delray Beach.
Section 2. That the City Commission of the City of Delray
Beach, Florida, hereby authorizes and directs the City Clerk to forward
a copy of this Resolution to Palm Beach County, Traffic Engineering
Division and further directs the City Administration to pursue transfer
of said Dixie Highway from Palm Beach County to the City of Delray
Beach.
Section 3. That this Resolution shall take effect immediately
upon passage.
PASSED, AND ADOPTED in regular session on this the 8th day of
October, 1991.
MAY 0 R
ATTEST:
City Clerk
.
, .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[J!v1
SUBJECT: AGENDA ITEM # 9G - MEETING OF OCTOBER 8, 1991
LAKE IDA ROAD WIDENING
DATE: OCTOBER 3, 1991
We have received a proposal from Heller - Weaver and Cato to
provide the City with professional services to design Lake Ida
Road (N.E. 4th Street) . The design would cover the area between
Swinton Avenue, east to N.E. 3rd Avenue. This project would be
part of the Lake Ida Road widening project prepared by Heller -
Weaver and Cato for the County. The County is currently holding
this project until further direction is received from the City.
Staff has negotiated a contract price of $22,440.
Recommend consideration of a proposal from Heller - Weaver and
Cato to provide the City with professional services to design
Lake Ida Road (N.E. 4th Stree) from Swinton Avenue east to N.E.
3rd Avenue.
,~ ,"
~ '/ C ~YOr-,/'-t__
MEMORANDUM
TO: David T. Harden
City Manager
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Projects
SUBJECT: LAKE IDA ROAD WIDENING BETWEEN
SWINTON AND NE 2ND AVE.
PROJECT #91-03.2
DATE: September 23, 1991
Attached please find Heller-Weaver and Cato's proposal to provide
the City with professional services to design NE 4th Street
approximately 1000 linear feet between Swinton Ave. east and NE
3rd Ave. This project will be a part of Lake Ida Road widening
project prepared by Heller Weaver and Cato for the County.
The initial estimate was $36,011. 25. I met with representatives
from Heller Weaver and Cato at Palm Beach County Engineering
Coordination Division's office to discuss this matter. The price
was revised to $22,440.00.
Mr. Javier Lopez, county engineer, informed me that they've been
holding this project until further direction from the city is
received.
I recommend approval of $22,440.00 to Heller Weaver and Cato to
proceed with the design. If approved, please advise of the
funding source so I can initiate an agreement with Palm Beach
County.
GAJ/gm
Att:
cc: William H. Greenwood, Dir. of Environmental Services
Mark A. Gabriel, P.E., Asst. Dir. of Environmental Services/
City Engineer
File: Memos to City Manager
File: Project 91-03.2 (A)
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, neply to:
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CORllL Gll..TE PROPZSSIONl1L PLl1ZA POINCrAioiFJWFBSSImlAL FLAZl
5667 CORAL GATE EOVLEVA.R1) 391a v.IA'POINCIANA, STB. lC
MlillGllTE t FL 33063 Ll1KE 'WORTH, FL 3346i
BRrV']): (305)979-0550 PBe: (407) 968-411C
EDe: (407 ) 732-2588 nRWV: (305) "764-7622-
Pl1X: (305) 968-7671 J?11X: (407) 64~-888!J
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,(, P.E., P.LS. - ,'l. ~ Reply 10:
.J. Weaver, P.LS. .. '.;;' ~ o Coral Gale Professional Plaza
- -
.Jonald L Calo, P.LS. ~~f's<.- 5667 Coral Gale Boulevard
Wayne Larry Fish, P.LS. fJ1V I RO 1~~'lEII 1'/:, L SE 1'\'11 CE S Margale, Florida 33063
Charles P. Beauchea, P.E. (305) 979-0550 - Sroward
Sleven D, Vaughn,'P.E., P.LS. Pf-1 3: 10 (305) 940-7800 - Dade
91 AUG I 9 (407)732-2588 . Palm Beach
Heller. Weaver aR~ &~tp\i @1s. (305)968-7671 - Fax
Paul E. Lingerreld~ P.E. [IX)
Director of Construction Pll Poinciana Professional Plaza
Engineers ... Surveyors .,. Planners 3918 Via Poinciana, Suite 10
Robert S. Cohn, AICP Lalle Worth, Florida 33467
Direclor of Planning (407) 968-4110 - Palm Beach
(305) 764-7622 - Broward
(407)641-8885 - Fax
August 16, 1991
Mr. Dave Smith, Director, Engineering Coordination Division
Palm Beach County Engineering and Public Works
160 Australian Avenue
West Palm Beach, Florida 33406
Re: Proposal for Lake Ida Road Redesign and Design from Swinton
Avenue East, Approximately 1,000 Feet to N.E. 3rd Avenue
Dear Dave:
Per, our meeting on July <9, 1991.regarding the above captioned
proposal and subsequent phone calls and anoth~r meeting attended at
the City of Delray Beach on August 12, 1991, I have prepared a
scope of services that should encompass both the Counties as well
as the City's requirements.
Please refer to exhibit "A" attached for a detailed scope and the
related lump sum fees. Any r.:>adway lighting, traffic
signalization, or construction observation fees are excluded from
this proposal.
This area requires substantial off-site' drainage inflow
investigation as well as analyzing the existing drainage system
owned/maintained by the City. I anticipate that approximately 100
LF to 300 LF in a North, South and Easterly direction from N.E. 2nd
Avenue will have to be redesigned to correct the existing drainage,
gradients, pavement transitions and other parameters associated
with this design.
A very rough cost estimate for the anticipated. construction would
be approximately $200,000.00; however, this could change on the
basis of the final design drawings and the fact that no studies
other than a visual inspection have been done.to this date .' In
addition, any construction of the roadway lighting, traffic
signalization, all related consultant fees and "R/W acquisition .
costs should be added to this estimate.
Heller-Weaver and Cato, Inc. will provide the professional services
as outlined herein for a lump sum fee of $36,011.25 with the notes
and so forth reflected herein being considered.
."
- , 'n~ ~~
. /. ,
Mr. Dave Smith
August 16, 1991
Page Two
, By copy of this to Mr. George Abajoude of the City, I am informing
him of these matters per his request.
Once the County and City have reviewed this proposal and all
negotiations have been satisfied we will prepare a contract
satisfactory to all parties involved.
Your e'xpedience in this matter is appreciated in advance. The City
is interested in proceeding as quickly as . possible in order to
facilitate the bidding of this project with the remainder of Lake
Ida Road currently designed.
Cordially,
m:Z.WEAVER AND CATO, INC.
Steven D.1~., P.L.S.
Director of Engineering ,~
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SDV/sI
cc: George Abajoude _\Clty of Delray
Henry Heller - HWC i
Donald L. Cato - HWC "!
FILE: MEMO/SHITH.8l4
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Heller. Weaver and Cato, inc.
Engineers .n Surveyors ,.. Planners
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..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /11
SUBJECT: AGENDA ITEM 11 q 1/ - MEETING OF OCTOBER 8 , 1991
APPROVAL OF CONTRACT WITH MICHAEL B. SCHORAH AND ASSOCIATES,
INC.
DATE: October 4, 1991
This item is before you to approve the contract for general and civil
engineering services with Michael B. Schorah and Associates; and, to
approve Service Authorization No. 1 to that contract for engineering
construction drawings for the acces s road from S.W. 10th Street to the
Municipal Cemetery.
This is a standard contract for engineering services. The basic
indemnification clause is included. All work to be performed under the
basic contract must be approved by the Commission, via a service
authorization.
Service Authorization No. 1 is in the amount of $17,460 and is for
services necessary to prepare engineering drawings for the
construction of an access road from S.W. 10th Street to the Municipal
Cemetery. The scope of service for this authorization provides for the
preparation of contract drawings, specifications, permit applications,
construction observations and certifications for construction of
connector roads at the cemetery. Plans shall be submitted for review
and approval at the 35%, 80% and 100% completion stage.
Recommend approval of the contract with Michael B. Schorah and
Associates, Inc. and Service Authorization No. 1 in the amount of
$17,460 with funding from 1987 Utility Tax/Cemetery Entrance Road
(Account No. 333-4511-539-61.39).
.,.
, (
if -
I
~ .
1 .
Agenda Item No. :
AGENDA REQUEST
Date: 10/2/1991
Request to 'be placed on:'
XYJC Regular Agenda Special Agenda Workshop Agenda
When: October 8,1991
Description of agenda item (who, what I where I how much): Staff request approval
h rah & Associates, Inc. for Agreement for Engineering Services tor General
Service Authorization No. or consulting erV1ces to p~OV1 eering
construction of an access roa rom S.W.
Cemetary. Project /I 91-1 Funding 333- 5
ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommend approval for Michael B. Schorah & Associates, Inc
for the Agreement for Engineering SerV1ces for General ~1V1l and ~erV1ce Author1zat1on
~. Nn 1 for $17.460.00.
.-.....--
Department Head Signature: ~yC!=-~ ~/?/r-/
De.termination of Consistency with Comprehensive Plan:
~
._-:._.,.~-,.._.__.._~:--:--:-:- "---~ . -,.--'--..--
City Attorney Review/Recommendation (if applicable}:~-.
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative . (if applicable)
Account No. & Description: ~-~-5~.(OI-=3'J ceME~\{ wr~AN~
,'~ Account Balance: -l2-1lJD . t20A1>
City Manager Review:
~ {9;;NOY1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
""
~
r 1
AGREEMENT FOR ENGINEERING SERVICES
for
GENERAL CIVIL ENGINEERING SERVICES
Consultant: Michael B. Schorah
& Associates, Inc.
Date: July 1991
,,,,.,
1"'1
,
TABLE OF CONTENTS
Paqe
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; Study and Report
Phase through Construction
Phase and Resident Project
Representative Services Phase 4
A. Phase I - Study and Report Phase 4
B. Phase II - Preliminary Design Phase 5
C. Phase III - Final Design Phase 6
D. Phase IV - Bidding/Negotiation Phase 7
E. Phase V - Contract Phase 8
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Provided by City 15
V. Time of Performance 16
VI. Agreement Period 16
VII. compensation 16
VIII. Payment 19
IX. Miscellaneous Provisions 19
A. Ownership of Documents 19
B. Copies of Documents 20
C. Insurance 20
D. Litigation Services 22
E. Authority to Contract 22
F. Assignment 23
G. Confidential Information 23
H. Non-Exclusive Contract 23
I. Sub-Consultants 24
J. Notices 24
K. Attachments 24
L. Truth-In Negotiation Certificate 24
M. Records 25
N. Personnel 25
o. Equal opportunity Employment; Non-Discrimination 25
P. Prohibition Against contingent Fees 25
Q. Termination 26
R. Indemnification 26
S. Interest of the Consultant 27
T. Compliance with Laws 27
U. Jurisdiction; Venue 27
"..,
I
TABLE OF CONTENTS cont.
Paqe
V. Attorney's Fees 27
W. Internal Disputes Between Owner and Consultant 28
X. Project Scheduling 28
Y. Extent of Agreement 28
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
"",
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 19 , by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and Michael
B. Schorah & Associates, Inc. , hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultants
Competative Negotiation Act, and;
WHEREAS, the CITY represents that it is a Florida
Municipal Corporation with the authority to engage the
CONSULTANT and accept the obligation for payment for the
services desired, and;
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT shall provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATION(S).
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented as set forth
by this AGREEMENT and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and
as also, may be added as approved by the CITY from
time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
1
authorization is established in the CITY Code of
Ordinances with provisj,ons for expenditure level of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A city
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. CONSTRUCTION COSTS shall be the total estimated cost
to the CITY of all elements of the project designed
or specified by the CONSULTANT. Construction costs
shall include the cost at current market rates of
labor and materials furnished by the Contractor and
equipment designed, specified, selected or specially
provided for by the CONSULTANT I plus a reasonable
allowance for the contractor,' s overhead and profit.
In addition, a reasonable allowance for contingencies
shall be included for market conditions at the time
of bidding and for changes in the work during con-
struction. Construction cost does not include the
compensation of the CONSULTANT or CONSULTANT'S
subconsultants, the cost of the land, rights-of-way,
financing or other costs which are the responsibility
of the CITY. The CONSULTANT shall use its best
judgment as a design professional familiar with the
construction industry in estimating the construction
cost.
D. PHASES: A phased approach may be utilized. The CITY
and the CONSULTANT shall have the right to negotiate
the terms of each phase as contained wi thin each
SERVICE AUTHORIZATION, and to reject any SERVICE
AUTHORIZATION, if the parties cannot agree to the
terms of the SERVICE AUTHORIZATION. In the event the
parties cannot agree, the CITY may select another
proposer or go out for additional proposals in order
to complete the subsequent phase(s) of the project.
This phased approach shall not waive the CITY'S right
to terminate the CONSULTANT'S contract during any
phase of the project.
2
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execut~on by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The CITY shall establish a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the CITY, new designs, drawings, specifications"
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the final design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a change in the scope of
services directed by the CITY.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. I f the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT ',S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
3
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT designates Michael B. Schorah, as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the CITY.
H. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the CITY
Commission or any CITY approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; STUDY AND REPORT PHASE THROUGH
CONSTRUCTION PHASE AND RESIDENT PROJECT
REPRESENTATIVE SERVICES PHASE
The following Dut'ies of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The CITY may
require SERVICE AUTHORIZATIONS which, contain additional re-
quirements applicable to the project. The CITY must authorize
through SERVICE AUTHORIZATIONS, the commencement of each phase
of the work.
A. Phase I - Study and Report Phase
If the Study and Report Phase is authorized, the
following requirements shall apply.
(1) The CONSULTANT shall consult with the CITY to
clarify and define the CITY'S requirements for
the Project and review available data.
(2) The CONSULTANT shall advise the CITY as to the
necessity of the CITY'S providing or obtaining
from others, data or services.
4
.
(3) The CONSULTANT shall identify and analyze permit
and approval requirements of all governmental
authorities having jurisdiction to approve the
design of the Project and participate in
consultations with such authorities.
(4) The CONSULTANT shall provide analyses of the
CITY'S needs, planning surveys, site evaluations
and comparative studies of prospective sites and
solutions.
(5) The CONSULTANT shall provide a general economic
analysis of Owner's requirements, applicable to
various alternatives. .
(6) The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to
indicate clearly the considerations involved
(including applicable requirements of governmen-
tal authorities having jurisdiction as afore-
said) and the alternative solutions available to
the CITY and setting forth CONSULTANT'S findings
and recommendations. This Report will be
accompanied by CONSULTANT'S pre-design estimate
of probable costs for the proj ect I including,
but not limited to the following which will be
separately itemized: Construction Cost, allow-
ance for engineering costs and contingencies
allowances for such other items, such as charges
of all other professionals and consultants, for
the cost of land and rights-of-way I for
compensation for or damages to properties, and
for permit, review and/or approval fees by other
governmental agencies, if required. The CONSUL-
TANT shall also provide a preliminary evaluation
of the City's Project Schedule. The City's
Project Schedule and probable construction costs
shall be evaluab~d and updated throughout
subsequent phases of the work.
(7) The CONSULTANT shall furnish the number of
copies of the Study and Report documents as
provided in the SERVICE AUTHORIZATION and review
them with the CITY.
B. Phase II - preliminary Design Phase
If the Preliminary Design Phase is authorized, the
following requirements will apply:
( 1) The CONSULTANT, in consultation with the CITY
shall determine the general scope, extent and
character of the Project.
5
(2) Prepare Preliminary Design documents consisting
of final design criteria, preliminary drawings,
outline specifications and written descriptions
of the Project.
(3) Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
(4) Furnish the specified' number of copies of the
above Preliminary Design documents as contained
within the SERVICE AUTHORIZATION and present and
review them with the CITY.
(5) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
(6) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the review and approval times by all
governmental agencies as may be required.
(7) The CONSULTANT shall make available all design
calculations and associated Data, and partici-
pate in meetings in which Value Engineering
Analysis of the project takes place, at such
times and places as shall be determined by the
CITY.
C. Phase III. Final Design Phase.
If the Final Design Phase is authorized, the
following requirements shall apply:
( 1) The CONSULTANT shall prepare construction
documents which shall include but not be limited
to drawings and technical specifications,
general and supplementary conditions, bid forms,
invitations to bid, instructions to bidders,
with technical criteria, descriptions and design
data necessary for permitting by governmental
authorities, and shall include any further
adjustments in the scope or quality of the
project or in the construction budget authorized
by the CITY.
(2) The CONSULTANT shall in the preparation of
construction documents, technical criteria,
written descriptions and design data, take into
w'
6
",'"
account all currently prevailing codes and
regulations governing construction in the city
of Delray Beach, Florida, and shall meet the
requirements of all other agencies or govern-
mental authorities having jurisdiction over the
project.
(3) The CONSULTANT shall prepare a detailed opinion
of probable cost in accordance with paragraph
I.C., which shall be reviewed by the CITY prior
to going out for bids.
(4 ) The CONSULTANT shall provide the required
documents and attend meetings as necessary, for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project.
(5) The CONSULTANT shall use bid documents provided
by the CITY including bidding forms, conditions
of the contract, and form of AGREEMENT between
the CITY and CONTRACTOR.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals
are required prior to the public notice for the
Invitation to Bid and submission of applications
therefore are the responsibility of the
CONSULTANT.
(7) The CONSULTANT shall provide the CITY the number
of copies of contract documents a;; specified in
the service authorization.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shaJl assist the CITY in obtain-
ing bids or negctiated proposals, assist in
awarding and preparing contracts for construc-
tion, , attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the compilation/preparation of
contract documents, and after the award assist
the City in securing the required bonds and
certificates of insurance, and in the review of
the contract documents for completeness.
(2) The CONSULTANT shall attend the bid opening,
prepare bid tabulation sheets and assist the
7
CITY in evaluating bids or proposals and in
assembling and awarding contracts for
construction, materials, equipment and services.
(3 ) The CONSULTANT shall issue addenda as appro-
priate to interpret, clarify or expand the
Bidding Documents.
(4) The CONSULTANT shall consult with and advise the
CITY as to the acceptability of subcontractors,
suppliers and other persons and organizations
proposed by the prime contractor(s) (herein
called CONTRACTOR(S)) for those portions of the
work as to which such acceptability is required
by the Bidding Documents.
(5) Consult with the CITY concerning and determine
the acceptability of substitute materials and
equipment proposed by CONTRACTOR(S) when substi-
tution prior to the award of contracts is
allowed by the Bidding Documents.
E. Phase V - Construction Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
(2) The CONSULTANT shall bea representative of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construc-
tion or as otherwise agreed to by the CITY and
the CONSULTANT, in writing, to become generally
familiar with the progress and quality of the
work completed and shall determine in general if
the work is being performed in a manner indicat-
ing that the work when completed will be in
accordance with the contract documents. The
CONSULTANT shall be required to make on-site
observations to review the work. The CONSULTi\NT
shall keep the CITY informed of the progress and
quality of the work and shall provide certifi-
8
cation to the CITY of satisfactory completion of
all phases of the work in compliance with the
plans, specifications, and/or approved changes
or modifications thereto.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques,
sequences or procedures of construction or for
safety precautions and programs in connection
with the work, since these are solely the
CONTRACTOR'S responsibility under the contract
for construction. The CONSULTANT shall make
every reasonable effort to ensure that the
CONTRACTOR completes the work in accordance with
the current approved schedule and carries out
the work in accordance with the Contract
documents.
(5) The CONSULTANT based on observations and evalua-
tions of CONTRACTOR'S applications for payment,
shall review and certify the amounts due the
CONTRACTOR.
(6) The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
CONTRACTOR'S application for payment, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quanti-
ty of the work is in accordance with the con-
tract documents. The foregoing representations
are subject to an evaluation of the work for
conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made observations to review the quality or
quantity of the work.
(7) The CONSULTANT shall recommend disapproval or
rejection of CONTRP.CTOR'S work to the CITY which
does not conform to the contract documents. The
CONSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether or not such work is
fabricated, installed or completed.
9
(8) The CONSULTANT shall review and approve or take
other appropriate action upon CONTRACTOR'S
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept expressed in the contract docu-
ments. The CONSULTANT shall evaluate and
determine the acceptability of substitute
materials and equipment proposed by CONTRACTORS.
(9) The CONSULTANT shall prepare change orders and
construction changp. directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY'S approval and
execution in accordance with the contract
documents, and may authorize minor chang~s in
the work not involving an adjustment in the
contract sum or an extension of the contract
time which is consistent with the intent of the
contract documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CI1'Y for the
CITY'S review and records, written warranties
and related documents required by the contract
documents and assembled by the CONTRACTOR and
shall issue a final certificate for payment upon
compliance with the requirements of the contract
documents.
(11) The CONSULTANT shall interpret matters concern-
ing performance of the CITY and CONTRACTOR under
the requirements of the contract documents on
written request of either the CITY or
CONTRACTOR. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
. be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
(13) The CITY shall be the final arbiter on matters
relating to aesthetics.
10
''I..,
(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the CITY and CONTRACTOR relat-
ing to the execution of the progress of the work
as provided in the contract documents.
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the
CITY may result to remedies afforded by this
contract to resolve the issue.
(16) The CONSULTANT shall provide the number of sets
of the construction documents to the CONTRACTOR
as specified in the SERVICE AUTHORIZATION.
(17) Upon completion of construction the CONSULTANT
shall provide to the CITY, three sets of record
drawings, signed and sealed, plus one set of
mylars incorporating as built conditions and
other data furnished by contractor(s) to
CONSULTANT.
(18) In company with the city, the CONSULTANT shall
visit the Project to observe any apparent
defects in the completed construction, assist
the CITY in consultations and discussions with
CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
F. Phase VI - Resident Project Representative Services
Phase
If the Resident Project Representative services Phase
is authorized the following requirements shall apply:
A. A Resident Project RepresEmtati ve will be
assigned to assist CONSULTANT in carrying out
his responsibilities to CITY at the site.
Resident Project Representative is CONSULTANT'S
agent at site, will act as directed by and under
the supervision of CONSULTANT, and will confer
with CONSULTANT regarding Resident Representa-
tive's actions. Resident Representative's
dealing in matters pertaining to the on-site
work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as neces-
sary. Resident Project Representative's deal-
ings with subcontractors shall only be through
or with the full knowledge and approval of
CONTRACTOR. Resident Project Representative
shall generally communicate with the CITY with
the knowledge of and under the direction of
CONSULTANT.
11
II."
B. Resident Project Representative shall where
applicable:
1. Review the progress schedule, schedule of
Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult
with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress
meetings, job conferences and other
project-related meetings, and prepare and
circulate copies of minutes thereof.
3; Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in
serving as the City's liaison with CONTRAC-
TOR, when CONTRACTOR'S operations affect
the CITY'S on-site operations.
4. Assist in obtaining from the CITY addition-
al details or information, when required
for proper execution of the Work.
5. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished at the
site by CONTRACTOR, and notify the CONSUL-
TANT of availability of samples for exami-
nation.
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing if the submittal has not been
approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSULTANT in
determining if the Work is, in general,
proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever Residen-
tial Project Representative believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the
Contract Documents, or has been damaged, or
does not meet the requirements of any
inspection, test or approval required to be
made; and advise the CONSULTANT of Work
that Resident Project Representative
12
believes should be uncovered for observa-
tion, or requires special testing, inspec-
tion or approval. Nothing herein shall
relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by the contract.
10. Verify that tests, equipment and systems
startups,' and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe, record and report to the CONSUL-
TANT appropriate details relative to the
test procedures and startups.
11. Accompany visiting inspectors representing
public or other agencies having jurisdic-
tion over the Project, record the results
of these inspections and report to the
CONSULTANT.
12. Report to CONSULTANT when clarifications
and interpretations of the Contract Docu-
ments are needed and transmit to CONTRACTOR
clarifications and interpretations as
issued by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S sugges-
tions for modifications in Drawings or
Specifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all
Work Directive Changes, Addenda, Change
Orders, Field Orders, additional Drawings
issued subsequent to the execution of the
Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, recording CON-
TRACTOR hours on the job site, weather
conditions, data relative to questions of
Work Directive Changes, Change Orders or
changed condi tions, list of job site
visitors, daily activities, decisions,
observations in general, and specific
13
observations in more detail as in the case
of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all subcontrac-
tors and major suppliers of material and
equipment.
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR's compliance with the progress
schedule and schedule of Shop Drawing and
sample submittals.
18. Consult with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work.
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup materi-
al from CONTRACTOR and recommend to the
CONSULTANT, Change Orders, Work Directive
Changes, and Field Orders.
20. Report immediately to the CONSULTANT and
the CITY upon the occurrence of any acci-
dent.
21. Review applications for payment with
CONTRACTOR for compliance with the estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the relationship
of the payment requested to the schedule of
values, Work completed and materials and
equipment delivered at the site but not
incorporated in the Work.
22. During the course of the work, verify that
certificates, maintenance and operation
manuals and other data required to be
assembled and furnished by CONTRACTOR are
applicable to the items actually installed
and in accordance with the Contract Docu-
ments, and have this material delivered to
the CONSULTANT for review and forwarding to
CITY prior to final payment for the Work.
23. Before the CONSULTANT issues a Certificate
of Substantial Completion, submit to
CONTRACTOR a list of observed items requir-
ing completion or correction.
14
'1>'"
24. Conduct final inspection in the company of
the CONSULTANT, the CITY and the CONTRACTOR
and prepare a final list of items to be
completed or corrected.
25. Observe that all items on final list have
been completed or corrected and make
recommendations to the CONSULTANT concern-
ing acceptance.
C. The Resident Project Representative shall not:
1. Authorize any deviation from the Contract
Documents or substitution of materials or
equipment.
2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of
CONTRACTOR, subcontractors, or CONTRACTOR's
superintendent.
4. Advise on, issue directions relative to or
assume control over any aspect of the
means, methods, techniques, sequences or
procedures of construction unless such
advice or directions are specifically
required by the Contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work.
6. Accept Shop Drawing or sample submittals
from anyone other than CONTRACTOR.
7. Authorize the CITY to occupy the Project in
whole or in part.
8 . Participate in specialized field or labora-
tory tests or inspections conducted by
others except as specifically authorized by
the CONSULTANT.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
15
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~ ~
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The city Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
City Manager or his designee shall have the
authority to the extent authorized by the City
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a notice to proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated,provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the CITY within fifteen
(15) calendar days from the end of the delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each SERVICE
AUTHORIZATION shall delineate a time for completion of the
service to be rendered.
16
,
.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each' SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION.
1. METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope
of services for services, proj ects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated man
hours, wage rates and other actual unit costs
supporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
ED AMOUNT
Computation of Time Charges/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related costs. The CITY shall not be
obligated to reimbur~e the CONSULTANT for costs
incurred in excess of the not to exceed cost
amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor containing a ten percent
17
,
(10%) profit, which shall not exceed 3.0.
The overhead factor may be subject to
audit. The schedule of hourly rates as set
forth in Exhibit B is attached hereto and
made a part hereof. The rates listed in
Exhi~it B may be adjusted upon AGREEMENT of
the parties.
b. .In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures , incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
(1) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, express courier
charges, and permit fees paid for
assisting the CITY in securing
approval of authorities having
jurisdiction over the project.
(2 ) Actual expense of reproductions
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3) Actual expenses of testing,
laboratory services, and field
equipment.
(4) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the sub-Gonsultant, and for the other
financial and administrative costs. Subcontractual
18
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.
services shall be approved by the CITY in writing
prior to performance of the subcontractual work.
C. Total compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII.PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in section VII. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership of Documents:
A set of. reproducible mylar drawings, and C. A.D.
disks in a format compatible with CITY'S Computer
system, shall be given to the CITY. Details, design
calculations, and all other documents and plans that
result from the CONSULTANT'S SERVICES under this
AGREEMENT shall become and remain the property of the
CITY, including patent and copyright rights, whether
the project is completed or not, and will be
delivered to the CITY upon demand. CONSULTANT
reserves the right to retain a copy of all such
19
.
documents for record purposes. Where such documents
are required to be filed with governmental agencies,
the CONSULTANT will furnish copies to the CITY upon
request. The contract work is represented by hard
copy documentation; software, is provided to the CITY
for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
CITY'S processes, as well as other governmental
authorities. See also section III (C) (7) for addi-
tional requirements. The CITY acknowledges that the
materials cited in Paragraph IX A. and other data
provided in connection with this AGREEMENT which are
provided by the CONSULTANT. are not intended for use
in connection with any project other than the project
for which such materials are prepared. Any use by
the CITY of such materials in connection with a
project other than that for which such materials were
prepared without prior written consent and adaptation
by the CONSULTANT shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of One Million Dollars ($1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
20
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion) , as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations - CONSUL-
TANTS shall maintain in force until at
least three years after completion of all
services required under this AGREEMENT,
coverage for Products and Completed Opera-
tions, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of Three Hundred Thousand Dollars
($300,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
pOlicy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of Two Hundred Fifty Thousand Dollars
($250,000.00) per occurrence. Coverage shall be
afforded on a form acceptable to the CITY.
CONSULTANT shall maintain such professional
liability insurance until at least one year
after a certificate of Occupancy is issued.
21
5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs C1, C2,
C3, C4. All policies covered within subpara-
graphs C1, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to CONSUL-
TANT'S liability on policies referenced in
subparagraph C2. The required Certificates of
Insurance shall not only name the types of
policies provided, but also shall refer
specifically to this AGREEMENT and section and
to the above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the CITY'S review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
D. Litigation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in litiga-
tion or ' dispute resolution arising from this
AGREEMEwr. CONSULTAN'l'3 participation shall include
up to 30 hours of services related to litigation or
dispute resolution. Any such services in excess of
30 hours shall be an additional service.
E. Authority to Contract:
The CITY represents that it is a municipal
corporation with the authority to engage the
22
CONSULTANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of-this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award proj ects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested, by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
23
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this
AGREEMENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered united States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
city of Delrav Beach
city Manager
city of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
Michael B. Schorah & Associates, Inc.
1850 Forest Hill Blvd., suite 205
West Palm Beach, FL 33406
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiation certificate:
signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
24
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qUnlified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for perform-
ing such services. The project manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected, and as approved
by the CITY.
O. Equal Opportunity Employment; Non-Discrimination:
CONSULTANT agrees that it will not discriminate
against employees or applicants for employment
because of race, creed, color, religion, sex, age,
handicapped status or national origin. Such action
shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or terminat'ion; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Aqainst contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
25
'I"
Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party. The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to either one or the
other. In the event the project described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CITY (specifically
those referenced in paragraph IX.A. Further, prior
to the CONSULTANT'S destruction of any of the above-
referenced documents, the CITY shall be notified and
allowed a reas.:>nable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents (the term agents shall not include the
contractor(s), any subcontractors, any materialmen or
others who have been retained by the city or
Contractor, or materialmen to supply goods or
services to the project) and employees, from and
against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the city,its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the city, its agents,
servants or employees are alleged to be liable. The
indemnifications contained herein shall survive the
expiration or earlier termination of this Agreement.
26
The monetary limitation on the extent of the
CONSULTANT'S liability shall be Two Hundred Fifty
Thousand Dollars ($250,000.00). Nothing in this
AGREEMENT shall be deemed to affect the rights,
privileges and immunities of the CITY as set forth in
Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State civil Courts of Palm
Beach county, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County Court.
V. Attornev's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
entitled to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
27
'1"
W. Internal Dispute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
X. Project Scheduling:
CONSULTANT shall provide scheduling to the City based
on the construction scheduling program PRIMAVERA and
provide the CITY, within ten (10) days of the date of
commencement as contained within the service author-
ization, a diskette with the proposed program sched-
ule. During the course of the work, CONSULTANT shall
provide monthly updates with a written description of
any changes in the schedule. The diskette shall be
in a format compatible with the CITY'S computer
system:
Y. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the City Commission and
CONSULTANT.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its city Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA CONSULTANT
MiCha~ Schorah ~ociates, Inc.
By:
By: 'td.f1.d ~M
MAYOR Signature
Michael B. schorah. P.E.. President
ATTEST: (Print or Type)
city Clerk ~;/ ~~~..
~M~-
Approved as to Form:
city Attorney / ltness
28
.
ACKNOWLE~GEMENT IF CORPORATION
state of Florida
County of Palm Beach
~FORE ME, the foregoing instrument, this J ~ day
of , 19~, was acknowledged by
-r A,~_ , on behalf of the Corporation
and sa1d person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESYy hand % seal in the County !':\<lJ1d state
aforesaid this / day of ~1It,:f , 19 ~.
. (j
N~~zn~
(SEAL) My Commission Expires:
NOTARY PUBLIC. STATE OF FLORIDA.
MY COIlIMISSION EXPIRES: APRIL 20. 1992:~
BONDED THRU NOTARY PUll...C UNOERWRITER.~
ACKNOWLEDGEMENT IF AN INDIVIDUAL
state of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledg~ents, personally appeared
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19___.
Notary Public
My Commission Expires:
29
.
.
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
county of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowleged before that he/she executed the same as the act and
deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of , 19 .
-
Notary Public
My Commission Expires:
30
",'
.. .
( EXHIBIT A (SAMPLE)
MICHAEL B. SCHORAH & ASSOCIATES, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
'III. BUDGET
IV. COMPLETION DATE
31
"'"'
This service authorization is approved contingent upon the
City's acceptance of and satisfaction with the completion of
the services rendered in the previous phase or as encompassed
by the previous service authorization. If the city in its sole
discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate
the contract without incurring any further liability. The
CONSULTANT may not comm~nce work on any service authorization
approved by the city to be included as part of the contract
without a further notice to proceed.
. Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
witness
witness
Attest:
BEFORE ME, the foregoing
instrument, this
day of , 1991,
Approved as to Legal was acknowledged by
Sufficiency and Form on behalf of the corporation
, and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
witness my hand and seal in
the County and State
aforesaid this day of
, 1991.
Notary Public
state of Florida
My Commission Expires:
32
,
.
EXHIBIT B ( SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Mulitpler
Employer Category
Professionals -- Engineeis, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Technicians -- Drafters, Graphic Artists, computer, Surveyors,
Cartographics, Construction Inspectors
Office Support
33
"...j
""
.. .
EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
city of Delrav Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class Employee Name Rate Hours Amount
Subtotal Labor $
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
Amount Remaining $
34
",'"
.'
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
city of Delray Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order .
Period ending .
Total Fee $
% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
35
,",",
",'"
MICHAEL B. SCHORAH AND ASSOCIATES, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: September 23, 1991
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.91-103(CITY) 91-687 MICHAEL B. SCHORAH & ASSOC., INC.
TITLE: Cemetery Road
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated
, between the City of Delray Beach
and Michael B. Schorah and Associates, Inc.
I. PROJECT DESCRIPTION
Provide complete Engineering Services for the preparation of
contract drawing, technical specifications and obtaining
related approvals for the construction of an access road from
S. W. 10th Street to the City Municipal Cemetery.
II. SCOPE OF SERVICES
To prepare contract drawings and specifications, permit
applications, construction observations and certifications for
the construction of connector roads at the City of Delray Beach
Municipal Cemetery.
To coordinate design effort with the City of Delray . Beach.
Plans shall be submitted to the City for review and approval at
the 35%, 80% and 100% completion stage.
Task I. Survey
A. Field Work
l. Boundary - Verify horizontal control and placement of
perimeter boundary corners.
2. Bench Run - Obtain vertical control and transfer con-
trol to site.
(continued)
City, of Delray Beach
September 23, 1991
Page 2
3. Topography - Elevations taken on grid pattern. Locate
all ditches, swales and existing utility
appurtenances critical to engineering
design.
4. Alignment - Locate alignment of existing roadways.
5. Off-Site Drainage Evaluation - Locate roads east of
proposed cemetery site (elevations and
locations obtained only in those areas
draining onto the cemetery site).
B. Office
1. Set-up and Computer Coordination - Prepare and obtain
all necessary background information, plats, right-of-
way maps, vertical control references. Computer
coordinate boundary and field data.
2. Survey Drawing - Prepare certified drawing(s) that in-
clude boundary & topographic information.
3. Legal Descriptions - Write legal description.
Task II. Road Design
Engineering Services will include the design of connector roads
at the City Municipal Cemetery. Work will include the design
of the paving and drainage plans. Work will include any
pavement and striping modifications within S.W. 10th Street as
required. The plans shall conform to the current codes,
standards and master plans.
Based on the off-site roadway survey information, provide a
drainage evaluation to determine the impact of the proposed
roadway on the on-site ditch that currently relieves drainage
along S.W. 8th Avenue. This evaluation will determine a form
of retention/detention and/or conveyance to accommodate the
off-site runoff. System design and preparation of construction
plans to implement the evaluation results is not in the scope
of this proposal.
Task III. Permits and Approvals
Prepare permit applications and obtain required approvals.
(continued)
City of Delray Beach
September 23, 1991
Page 3
Task IV. Construction Documents
Plans shall be prepared at a I" = 20' scale and include
relevant information and details. Prepare a comprehensive cost
estimate based on current construction prices. Prepare
contract documents and technical specifications suitable for
bidding purposes. City will provide standard document forms.
Task V. Construction Observations and Certifications
Provide observations during construction to determine
construction compliance with the plans and contract documents.
Certify to the permitting agencies as required and furnish
accurate record drawings.
III. Budget
Task I - Field Work
P.L.S. 6 hrs x $70.50 = $ 423.00
Eng. Tech IV 13 hrs x $54.00 = $ 702.00
Compo Tech 4 hrs x $46.50 = $ 186.00
3-Man Crew 32 hrs x $84.00 = $2,688.00
Secretarial 3 hrs x $30.00 = $ 90.00
TOTAL TASK I $4,089.00
Task II - Road Design
Principal 4 hrs x $117.00 = $ 468.00
Eng. II 74 hrs x $ 64.50 = $4,773.00
Compo Tech 40 hrs x $ 46.50 = $1,860.00
Eng. Tech IV 8 hrs x $ 54.00 = $ 432.00
Eng. Tech III 20 hrs x $ 45.00 = $ 900.00
Secretarial 12 hrs x $ 30.00 = $ 360.00
Printing = $ 75.00
TOTAL TASK II $8,868.00
Task III - Permits and Approvals
Eng. II 8 hrs x $64.50 = $ 516.00
Eng. I 4 hrs x $45.00 = $ 180.00
Secretarial 5 hrs x $30.00 = $ 150.00
Printing = $ 45.00
TOTAL TASK III = $ 891.00
(continued)
,u;"
Cit;l of Delray
September 23, 1991
Page 4
Task IV - Construction Documents
Eng. II 12 hrs x $ 64.50 = $ 774.00
Eng. I 10 hrs x $ 45.00 = $ 450.00
TOTAL TASK IV = $1,224.00
Task V - Observations and Certifications
Eng. II 4 hrs x $ 64.50 = $ 258.00
Eng. I 2 hrs x $ 45.00 = $ 90.00
Eng. Tech III 8 hrs x $ 45.00 = $ 360.00
Inspector 30 hrs x $ 42.00 = $1,260.00
3-Man Crew 4 hrs x $ 84.00 = $ 336.00
Secretarial 2 hrs x $ 30.00 = $ 60.00
Printing = $ 24.00
TOTAL TASK V = $2,388.00
Travel Expenses: No Charge
Testing: Testing may be required on various items throughout
the design and construction period. The engineer
will prepare necessary information and provide it to
a City-approved testing firm. The city will be
billed, through the engineer, AT COST for testing
services provided.
V. Schedule
The following are estimated completion times for the various
tasks (working days) :
Tas k I........................................... 10 days
Task II.......................................... 30 days
Task III......................................... 30 days
Task IV.......................................... 20 days
Task V........................................... * days
* See Note 5 below.
l. Task I will ,commence upon receipt of Notice to Proceed
by Engineer.
2. Task II will commence upon completion of Task I. This
item allows for five-day review periods by City for 35%
and 80% submittals.
Cit~ of Delray Beach
September 23, 1991
Page 5 ,
3. Task III will commence upon receipt of City's approval
of 100% Task II submittal. Time allowed for Task III
estimate is based on anticipated agency review period.
4. Task IV includes 15 days for a bid period. No estimate
has been provided for final review and approval by the
City.
5. Task V will commence upon issuance of a Notice to
Proceed to a Contractor by the City. Construction time
to be established as part of Task IV.
"','"
"'"
City o~ ~elray Beach
September 23, 1991
Page 6
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion 1S
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed.
Approved by:
CITY OF DELRAY BEACH: MICHAEL B. SCHORAH & ASSOC., INC.
Date Date 2ND OC.70~,Q /99/
By v(~ 8 rMv~-.
Michael B. Schorah, P.E.
Thomas E. Lynch
Mayor Title: President
(CQRPORATE SEAL)
- d /~J '--7~~
(' r- -, "- (K ':/
\. '
.~.. c~~I;SS V^,il~
\W~fne~ D
Attest: j
BEFORE ME, the foregoing
instrument, this __2 ~//)
day of LJ L -;--.()L:c.:/"-.. , 1991,
Approved as to Legal was acknowledged by
Sufficiency and Form /'-? / C' /-/ /) c~- L.. /-7 :, c- / j co" A.' ,/} ./c/
. ) .
, on behalf of the Corporation and
said person executed the same free
and voluntarily for the purpose
there-in expressed.
Witness my hand and seal in the
County and State aforesaid this
-<' .!':'.!..:.. day 0 f L.-') c 7/;/-,"(::: / '. , 1991.
,
Notary Public .~.__._. ~I , -d~)//
State of Flor1da . /.,,_c'.J''-- //'/)
/ '---Notary r"u,~ it: Sta~{! ~r noriJa
My Commi s s ion Expi;g {J"I~"~:i~~:.~~!,~~:~:\f,J,~:;..1~:..19'71
---- --- -- .-_.-
. MEMORANDUM
TO~ MAYOR AND CITY COMMISSIONERS
FROM, ~TY MANAGER
SUBJECT: ENDA ITEM iF 't.l: - MEETING OF OCTOBER 8, 1991
APPROVAL OF ARCHITECTURAL SERYJCES AGREEMENT/SERVICE
AUTHORIZATION NO. 1
DATE: October 4, 1991
This item is before you to approve the agreement for architectural
services with David Miller and Associates and to approve Service
Authorization No. 1 to that contract in the amount of $3,500 for the
design of a Press Box at Pompey Park.
The agreement provides the standard indemnification clause and requires
that any work performed under the contract be authorized by the
Commission via a Service Authorization.
The scope of service of Service Authorization No. 1 includes the
preparation of complete architectural plans and details, structural,
mechanical and electrical plans and details, as well as assistance
during bidding and construction phases.
Recommend approval of the agreement for architectural services with
David Miller and Associates and approval of Service Authorization No. 1
in the amount of $3,500 with funding from Pompey Park Improvements
(Account No. 118-1962-554-60.20).
",,"
. -f()~f~.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 10/3/91
CONSENT ACENDA
xx Re~~a~x~~~ax Special Agenda Workshop Agenda
- - -
When: 10/8/91
Description of agenda item (who, what, where, how much)
Staff request approval to David Miller and Associates for Agreement for Architectural Services and
Service Authorization No.1 for Consulting Services to design a Press Box at Pompey Park for
$3,500.00. Funding Source: 118-1962-554-60.20.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval to David Miller & Associates for
Agreement for Architectural Services adn Service Authorization No.1 for $3,500.00.
Department Head Signature: ~4&12P unX:>~
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds): ~NO
Funding available:
Funding alternatives (if apPlicablea
Account No. & Descri~tionJJ9>-lq02.--654.W-UJ POMPEY ~t(
Account BalanceJ"2-lf{O I MPRDVEtJlE1'1TS
City Manager Review: fI*
(fiiJNO
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
-
,
, .
AGREEMENT FOR ARCHITECTURAL SERVICES
Consultant: David Miller and
Associates
Date: July 1991
'I'"
,
,;.
TABLE OF CONTENTS
Paqe
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; Master Plan/
Schematic Design Phase through Construction
Administration Phase and Resident Project
Representative Services Phase 4
A. Phase I - Master Plan/Schematic Design Phase 5
B. Phase II - Design Development Phase 5
C. Phase III - Construction Documents Phase 6
D. . Phase IV - Bidding/Negotiation Phase 7
E. Phase 'v - Contract Administration Phase 7
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Provided by City 15
V. Time of Performance 16
VI. Agreement Period 16
VII. Compensation 16
VIII.Payment 19
IX. Miscellaneous Provisions 19
A. Ownership of Documents 19
B. _ Copies of Documents 19
C. Insurance 20
D. Litigation Services 22
E. Authority to Contract 22
F. Assignment 23
G. Confidential Information 23
H. Non-Exclusive Contract 23
I. Sub-Contractors 23
J. Notices . 24
K. Attachments 24
L. Truth-In Negotiation certificate 24
M. ' Records 24
N. Personnel 25
O. Equal Opportunity Employment 25
P. Prohibition Against Contingent Fees 25
Q. Termination 25
R. Indemnification 26
S. Interest of the Consultant 27
T. Compliance with Laws 27
U. Jurisdiction; Venue 27
I ,
TABLE OF CONTENTS cont.
Paqe
V. Attorney's Fees 27
W. Internal Disputes Between Owner and Consulant 28
X. Project Scheduling 28
Y. Extent of Agre~ment 28
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
f .
AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 19 -' by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and David
Miller and Associates., hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultant's
Competitive Negotiation Act; and,
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATIONS.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented in phrases as
set forth by this Agreement and by SERVICE AUTHORIZA-
TIONS, which are, attached hereto and made a part
hereof, and as also may be added as approved by the
City from time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
'F"
, . ..
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A CITY
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. CONSTRUCTION COSTS shall be the total estimated cost
to the CITY of all elements of the project designed
or specified by the CONSULTANT. Construction costs
shall include the cost at current market rates of
labor and materials furnished by the Contractor and
equipment designed, specified,. selected or specially
provided for LY the CONSULTANT, plus a reasonable
allowance for the contractor's overhead and profit.
In addition, a reasonable allowance for contingencies
shall be included for market conditions at the time
of bidding and for changes in the work during con-
struction. Construction cost does not include the
compensa tion of the CONSULTANT or Consul tant ' s
subconsultants, the cost of the land, rights-of-way,
financing or other costs which are the responsibility
of the CITY. The CONSULTANT shall use its best
judgment as a design professional familiar with the
construction industry in estimating the construction
cost.
D. PHASES: A phased approach may be utilized. The city
and the Consultant shall have the right to negotiate
the terms of each phase as contained within each
service authorization, and to reject any service
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or'go out for additional proposals in
order to complete the subsequent phase (s) of the
proj ect. This phased approach shall not waive the
City's right to terminate the Consultant's contract
during any phase of the project.
2
'I."
i >
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a :result of a change in the scope of
services directed by the city.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall"
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
3
".!<
,
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling
. or removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or any other toxic
substances.
H. The CONSULTANT designates David R. Miller, as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the City.
I. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the City
commission or any City approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; MASTER PLAN/SCHEMATIC DESIGN
PHASE THROUGH CONSTRUCTION ADMINISTRATION PHASE AND
RESIDENT PROJECT REPRESENTATIVE SERVICES PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The City may
require SERVICE AUTHORIZATIONS which contain additional re-
quirements applicable to the project. The City must authorize
through service authorizations, the commencement of each phase
of the work.
4
or."
, .
A. Phase I - Master Plan/Schematic Design Phase
If the Master Plan/Schematic Design Phase is author-
ized, the following requirements shall apply.
(1) The CONSULTANT shall consult with the City to
ascertain the requirements of the proj ect and
shall arrive at a mutual understanding of such
requirements with the CITY.
(2) The CONSULTANT shall review with the CITY
alternative approaches to design and construc-
tion of the project.
(3) Based on a mutually agreed upon program, the
CONSULTANT shall prepare a Master site Plan
meeting the requirements of the City's Code of
Ordinances.
(4) The CONSULTANT shall prepare, for approval of
the CITY, schematic design documents consisting
of drawings and other documents illustrating the
scale and relationship of project components
based on the mutually agreed upon project,
schedule and construction budget requirements.
(5) The CONSULTANT shall prepare a preliminary
evaluation of the CITY'S project, schedule and
construction budget requirements and submi t a
statement of probable construction cost based on
current area, volume or other unit costs which
shall be updated throughout the schematic design
phase, and subsequent phases of the project.
B. Phase II - Design Development Phase
If the Design Development Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT shall prepare for approval of the
CITY, design development documents consisting of
drawings and other documents to fix and describe
the size and character of the project as to
architectural, structural, mechanical and
electrical systems, materials and such other
elements as may be appropriate based on approved
schematic design documents and any adjustments
authorized by the CITY. The CONSULTANT shall
consider the availability of materials, equip-
ment, labor, construction, sequencing, schedul-
ing, economic analysis of construction and
5
II'.;'
.. .
operations, user safety and maintenance require-
ments and energy conservation.
(2) Advise the city if additional data or services
are necessary and assist the city in obtaining
such data and services.
(3) Furnish th'= specif ied number of copies of the
design development documents as contained within
the SERVICE AUTHORIZATION and present and review
them with the CITY.
(4) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
(5) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the reviews and approval times by
all governmental agencies as may be required.
(6) The CONSULTANT shall make available all design
calculations and associated Data, and partici-
pate in meetings in which Value Engineering
Analysis of the proj ect takes place, at such
times and places as shall be determined by the
City
C. Phase III. Construction Documents Phase.
If the Construction Documents Phase is authorized,
the following requirements shall apply:
(1) The CONSULTANT shall prepare construction
documents consisting of drawings and specifica-
tions setting forth in detail the requirements
for construction of the project based on design
development documents and any further adjust-
ments in the scope or quality of the project or
in the construction budget authorized by the
CITY.
(2) The CONSULTANT shall in the preparation of
drawings and specifications, take into account
all currently prevailing codes and regulations
governing construction in the City of Delray
Beach, Florida, and shall meet the requirements
of all other agencies or governmental authori-
ties having jurisdiction over the project.
6
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.
(3) The CONSULTANT shall prepare a detailed opinion
of probable cost in accordance with Paragraph
IC, which shall be reviewed by the City prior to
going out for bids.
(4) The CONSULTANT shall provide the required
documents and attend meetings as necessary for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project.
(5) The CONSULTANT shall use bid documents provided
by the CITY including, but not limited to,
bidding forms, conditions of the contract, and
form of AGREEMENT between the city and
Contractor.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals
are required prior to the pUblic notice for the
Invitation to Bid. The submissions of applica-
tions, therefore, are the responsibility of the
CONSULTANT.
(7) The CONSULTANT shall provide the City copies of
contract documents, as specified in the SERVICE
AUTHORIZA'I'ION.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the City in obtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for construc-
tion, attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the attainment of the required
bonds and certificates of insurance.
E. Phase V - Construction Contract Administration Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
7
(2) The CONSULTANT shall be a representative of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construc-
tion or as otherwise agreed to by the CITY and
the CONSULTANT, in writing, to become generally
familiar with the progress and quality of the
work completed and shall determine in general if
the work is being performed in a manner indicat-
ing that the work when completed will be in
accordance with the contract documents. The
CONSULTANT shall be required to make on-site
observations to review the work. The CONSULTANT
shall keep the CITY informed of the progress and
quality of the work and shall protect the Owner
against defects and deficiencies in the work of
the Contractor.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques, se-
quences or procedures or for safety precautions
and programs in connection with the work, since
these are solely the Contractor's responsibility
under the contract for construction. The
CONSULTANT shall make every reasonable effort to
ensure that the Contractor completes the work in
accordance with his schedule and carries out the
work in accordance with the Contract documents.
(5) The CONSULTANT based on observations and evalua-
tions of Contractor's applications for payment,
shall review and certify the amounts due the
Contractor.
(6) The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
Contractor's application for payment, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quanti-
ty of the work is in accordance with the
8
t' .
contract documents. The foregoing representa-
tions are subject to an evaluation of the work
for conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made observations to review the quality or
quantity of the work.
(7) The CONSULTANT shall recommend disapproval or
rejection of CONTRACTOR'S work to the CITY which
does not conform to the contract documents. The
CONSULTANT will have authori ty to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether or not such work is
fabricated, installed or completed.
(8) The CONSULTANT shall review and approve or take
other appropriate action upon contractors
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept expressed in the contract docu-
ments. The CONSULTANT shall evaluate and
determine the acceptability of substitute
materials and equipment proposed by CONTRACTORS.
(9) The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY'S approval and
execution in accordance wi th the contract
documents, and may authorize minor changes in
the work not involving an adjustment in the
contract sum or an extension of the contract
time which are not inconsistent with the intent
of the contract,documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY'S review and records, written warranties
and related documents required by the contract
documents and assembled by the Contractor and
shall issue a final cert~ficate for payment upon
9
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.
compliance with the requirements of the contrac-
tor documents.
( 11) The CONSULTANT shall interpret matters concern-
ing performance of the owner and contractor
under the requirements of the contract documents
on written request of either the owner or
contractor. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
(13) The City shall be the final arbiter on matters
relating to aesthetics.
(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the CITY and CONTRACTOR relat-
ing to the execution of the progress of the work
as provided in the contract documents.
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the
CITY may result to remedies afforded by this
contract to resolve the issue.
(16) The CONSULTANT shall provide the number of sets
of the. construction documents to the CONTRACTOR
as specified in the SERVICE AUTHORIZATION.
(17) Upon completion of construction, the CONSULTANT
shall provide to the CITY, three sets of record
drawings, signed and sealed, plus one set of
mylars incorporating as built conditions and
other data furnished by CONTRACTOR(S) to CONSUL-
TANT.
(18) In company with the CITY, the CONSULTANT shall
visit the project to observe any apparent
defects in the completed construction, assist
the CITY in consultations and discussions with
CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
10
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F. Phase VI - Resident Project Representative Services
Phase
If the Resident Project Representative Services Phase
is authorized the following requirements shall apply:
A. A Resident project Representative will be
assigned to assist CONSULTANT in carrying out
his responsibilities to CITY at the site.
Resident Project Representative is CONSULTANT'S
agent at site, will act as directed by and under
the supervision of CONSULTANT, and will confer
with CONSULTANT regarding Resident Representa-
tive's ACTIONS. Resident Representative's
dealing in matters pertaining to the on-site
work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as neces-
sary. Resident Project Representative's deal-
ings with subcontractors shall only be through
or with the full knowledge and approval of
CONTRACTOR. Resident Project Representative
shall generally communicate with the City with
the knowledge of and under the direction of
CONSULTANT.
B. Resident Project Representative shall where
applicable:
1. Review the progress schedule, schedule of
Shop Drawing submittals and schedule of
values prepared by' CONTRACTOR and consult
with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruct ion conferences, progress
meetings, job conferences and other
proj ect-related meetings, and prepare and
circulate copies of minutes thereof.
3. Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in
serving as the City's liaison with CONTRAC-
TOR, when CONTRACTOR'S operations affect
the City's on-site operations.
4. Assist in obtaining from the City addition-
al details or information, when required
for proper execution of the Work.
11
,
5. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished at the
site by CONTRACTOR, and notify.the CONSUL-
TANT of availability of samples for exami-
nation.
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing if the submittal has not been
approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSULTANT in
determining if the Work is, in general,
proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever Residen-
tial Project Representative believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the
Contract Documents, or has been damaged, or
does not meet the requirements of any
inspection, test or approval required to be
made; and advise the CONSULTANT of Work
that Resident Project Representative
believes should be uncovered for observa-
tion, or requires special testing, inspec-
tion or . approval. Nothing herein shall
relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by contract.
10. Verify that tests, equipment and systems
startups, and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe, record and report to the CONSUL-
TANT appropriate details relative to the
test procedures and startups.
11. Accompany visiting inspectors representing
public or other agencies having jurisdic-
tion over the Project, record the results
of these inspections and report to the
CONSULTANT.
12. Report to CONSULTANT when clarifications
and interpretations of the Contract
12
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Documents are needed and transmit to
CONTRACTOR clarifications and interpreta-
tions as issued by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S sugges-
tions for modifications in Drawings or
Specifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all
Work Directive Changes, Addenda, Change
Orders, Field Orders, additional Drawings
issued subsequent to the execution of the
Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, recording CON-
TRACTOR hours on the job site, weather
conditions, data relative to questions of
Work Directive Changes, Change Orders or
changed conditions, list of job site
visitors, daily activities, decisions,
observations in general, and specific
observations in more detail as in the case
of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all subcontrac-
tors and major suppliers of material and
equipment.
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR's compliance with the progress
schedule and schedule of Shop Drawing and
sample submittals.
18. Consult with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work. \
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup
13
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material from CONTRACTOR and recommend to
the CONSULTANT, Change Orders, Work
Directive Changes, and Field Orders.
20. Report immediately to the CONSULTANT and
the CITY upon the occurrence of any acci-
dent.
21. Review applications for payment with
CONTRACTOR for compliance with the estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the relationship
of the payment requested to the schedule of
values, Work completed and materials and
equipment delivered at the site but not
incorporated in the Work.
22. During the course of the work, verify that
certificates, maintenance and operation
manuals and other data required to be
assembled and furnished by CONTRACTOR are
applicable to the items actually installed
and in accordance with the Contract Docu-
ments, and have this material delivered to
the CONSULTANT for review and forwarding to
City prior to final payment for the Work.
23. Before the CONSULTANT issues a certificate
of Substantial Completion, submit to
CONTRACTOR a list of observed items requir-
ing completion or correction.
24. Conduct final inspection in the company of
the, CONSULTANT, the city and the CONTRACTOR
and prepare a final list of items to be
completed or corrected.
25. Observe that all items on final list have
been completed or corrected and make
recommendations to the CONSULTANT concern-
ing acceptance.
C. The Resident Project Representative shall not:
1. \ . deviation from the Contract
Authorl.ze any
Documents or substitution of materials or
equipment.
14
2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of
CONTRACTOR, subcontractors, or CONTRACTOR'S
superintendent.
4. Advise on, issue directions relative to or
assume control over any aspect of the
means, methods, techniques, sequences or
procedures of construction unless such
advice or directions are specifically
required by the Contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work.
6. Accept Shop Drawing or sample submittals
from anyone other than Contractor.
7. Authorize the city to occupy the Project in
whole or in part.
8. Participate in specialized field or labora-
tory tests or inspections conducted by
others except as specifically authorized by
the CONSULTANT.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The CITY Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
CITY Manager or his designee shall have the
authority to the extent authorized by the CITY
Charter and Code of Ordinances to exercise the
15
rights and responsibilities of the CITY provided
in this contract. said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a Notice to Proceed.
B. The CONSULTAN~'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the City within fifteen
(15) calendar days at the end of the delay of
CONSULTANT I S proposed additional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION.
1. METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope
of services for Services, Projects or Programs
16
'I.;'
shall be thoroughly defined and outlined prior
to its auJchorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated
manhours, wage rates and other actual unit costs
supporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
ED AMOUNT
Computation of Time Charges/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related costs. The CITY shall not be
obligated to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed cost
amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor containing a ten percent
(10%) profit, which shall not exceed 3.0.
The overhead factor may be subject to
audit. The schedule of hourly rates as set
forth in Exhibit B is attached hereto and
made a part hereof. The rates listed in
Exhibit B may be adjusted upon AGREEMENT of
the parties.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expendi tures incurred by the
CONSULTANT if provided in the SERVICE
AUTHOHIZATION as follows:
17
(1) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, express courier
charges, and permit fees paid for
securing approval of authorities
having jurisdiction over the
project.
(2) Actual expense of reproductions,
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3) Actual expenses of testing,
laboratory services, and field
equipment.
(4) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the sub-consultant, and for the other
financial and administrative costs. Subcontractual
services shall be approved by the CITY in writing
prior to performance of the subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If' the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
18
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the CONSULTANT,or any subcontractor furnished incom-
plete or inaccurate costs Or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflec~ such reduction.
VIII.PAYMENT.
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty ( 30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able. expenses as defined in section VII. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. 'Ownership Documents:
All reproducible mylar drawings and C.A.D. disks in a
format compatible with CITY'S Computer system shall
be given to the CITY. Details, design calculations,
and all other documents and plans that result from
the CONSULTANT'S SERVICES under this AGREEMENT shall
become and remain the property of the CITY, including
copyright rights, whether the project is completed or
not, and will be delivered to the CITY upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
19
authorities. See also Section III (C) (7) for addi-
tional requirerllents. The CITY acknowledges that the
materials cited in Paragraph IX A. and other data
provided in connection with this Agreement which are
provided by the CONSULTANT are not intended for use
in connection with any project other than the project
for which such materials are prepared. Any use by
the CITY of such materials in connection with a
project other than that for which such materials were
prepared without prior written consent and adaptation
by the CONSULTANT shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of One Million Dollars $1,000,000.00) per
occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion), as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
20
c. Products and Completed operations - CONSUL-
TANTS shall maintain in force until at
least three years after completion of all
services required under this AGREEMENT,
coverage for Products and Completed Opera-
tions, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of Three Hundred Thousand Dollars
($300,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles
,
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of Two Hundred Fifty Thousand Dollars
($250,000.00) per occurrence applicable to CITY
projects. Coverage shall be afforded on a form
acceptable to the CITY. CONSULTANT shall
maintain such professional liability insurance
until at least one year after a certificate of
Occupancy is issued.
5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs C1, C2,
C3, C4. All policies covered within subpara-
graphs C1, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
21
be named as an additional insured as to CONSUL-
TANT'S liability on policies referenced in
subparagraphs C2. The required certificates of
Insurance shall not only name the types of
policies provided, but also shall refer specifi-
cally to this AGREEMENT and section and to the
above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the City's review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
D. Litiqation Services:
It is understood and agreed that CONSULTANT'S servic-
es include reasonable participation in litigation or
dispute resolution arising from this AGREEMENT.
CONSULTANTS participation shall include up to 30
hours of services related to litigation or dispute
resolution. Any such services in excess of 30 hours
shall be an extra service.
E. Authoritv to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSUL-
TANT 'for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
22
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F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or ' 'work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
23
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered united States ma i 1, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
CITY of Delrav Beach
CITY Manager
CITY of Delray Beach, Florida
100 N.W. 1st Avenue ~
Delray Beach, Florida 33444
CONSULTANT
David Miller and Associates
319 Clematis Street
West Palm Beach. FL 33401
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
24
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own exp~nse, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, :r.;'egistered under the State of Florida
in the field for which he is responsible for perform-
ing such' services. The proj ect manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected.
O. Eaual Opportunity Emplovment:
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of ,CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Aaainst continaent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
25
"t',"
with the terms hereof by the other party through no
fault of the terminating party. The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to either one or the
other. In the event the proj ect described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CITY (specifically
those referenced in paragraph IX.A. Further, prior
to the CONSULTANT'S destruction of any of the above-
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for t.he CITY in order to provide for a
smooth transition period.
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents (the term agents shall not include the
contractor(s), any subcontractors, any materialmen or
others who have been retained by the city or
Contractor, or materialmen to supply goods or
services to the project) and employees, from and
against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the ci ty, its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnifications contained herein shall survive the
expiration or earlier termination of this Agreement.
26
. .
. .
The monetary limitation on the extent of the
CONSULTANT'S liability shall be Two Hundred Fifty
Thousand Dollars ($250,000.00). Nothing in this
AGREEMENT shall be deemed to affect the rights,
privileges and immunities of the CITY as set forth in
Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner Qr degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County.
V. Attornev's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
entitled to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
27
W. Internal Dispute in Architectural Contract Between
Owner and Consultant:
The city Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
X. Proiect Scheduling:
CONSULTANT shall provide scheduling to the city based
on the construction scheduling program PRIMAVERA and
provide the city, within ten (10) days of the date of
commencement as contained within the service author-
ization, a diskette with the proposed program sched-
ule. During the course of the work, CONSULTANT shall
provide monthly updates with a written description of
any changes in the schedule. The diskette shall be
in a format compatible with. the City's computer
system:
Y. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the CITY Commission.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
CITY Attorney
28
By:
David R. Miller, A.l.A
S (L/Yl ~ David Miller & Associates
Witness
ACKNOWLEDGEMENT IF CORPORATION
state of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
. of , 19 -' was acknowledged by
, on behalf of the Corporation
and said person executec. the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary Public
(SEAL) My commission Expires:
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared Denio R Mill"'t;. II T A.
, known to me to be the person ~n and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this 14th day
of August , 1991.~ ~
- No ary ~~. 'A_~
My Co ission Expires:
~\'''''''II.
!~~ TERRY L. BRADSHAW
i*: '*1: ' MY COMMISSION EXPIRES
~~t. :~: April 11, 1994
""~;~,,:J'$'1 BONDED THRU NOT~RY PUBLIC UNDERWRITERS
29
"."
. .
.
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I HEREBY CERTiFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she executed the same as the act
and deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of' , 19 .
-
Notary Public
My Commission Expires:
30
. ' .
EXHIBIT A (SAMPLE)
DAVID MILLER AND ASSOCIATES
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET
IV. COMPLETION DATE
31
.
. ' , .
This service authorization is approved contingent upon the
city's acceptance of and satisfqction with the completion of
the services rendered in the previous phase or as encompassed
by the previous service authorization. If the City in its sole
discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate
the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization
approved by the city to be included as part of the contract
without a further notice to proceed.
Approved by::
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
Attest: Attest:
BEFORE ME, the foregoing
instrument, this
day of , 1991,
Approved ~s to Legal was acknowledged by
Sufficiency and Form on behalf of the Corporation
, and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
Witness my hand and seal in
. the County and State
aforesaid this day of
, 1991.
Notary Public
State of Florida
My Commission Expires:
32
..
, .. .
. ' , .
EXHIBIT B (SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Multiplier
Employer Category
Professionals ,-- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors
Office Support
33
. .
. ,
EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delrav Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class Emplovee Name Rate Hours Amount
Subtotal Labor $
EXPENSES I
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprograpbics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
Amount Remaining $
34
. . , .
.. '
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
City of Delrav Beach
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order .
Period ending .
Total Fee $
% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
35
DAVID MILLER & ASSOCIATES
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: SEPTEMBER 27, 1991
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
-
CITY P.O. NO. CITY EXPENSE CODE IIi - /Ql,2 J:>SY_ bOo 20
PROJECT NO. (CITY) DM&A 91-901 (DAVID MILLER & ASSOC.)
TITLE: POMPEY PARK - PRESS BOX
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated
, between the City of Delray Beach and David Mil~ &
Associates.
I. PROJECT DESCRIPTION
Press Box for use in viewing the baseball fields at Pompey
Park in Delray Beach, Florida.
I
II. SCOPE OF SERVICES
Preparation of complete architectural plans and details,
structural, mechanical and electrical plans and details, as
well as assistance during bidding and construction phases.
III. BUDGET
Architectural and engineering fees on an hourly basis not to
exceed three-thousand five hundred ($3,500.00) dollars.
IV. COMPLETION DATE
Within thirty (30) days of formal acceptance of service
authorization.
"""
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the
services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole
discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate
the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization
approved by the Ci ty to be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: David Miller & Associates
Date ::t(;jjjjj!~
David R. Miller, A.I.A.
Thomas E. Lynch
Mayor
Title: Sole Proprietor
\5 CUVI cL L~u il (9.1./L L- 0
witness (
Attest: I
BEFORE ME, the foregoing
instrument, this 1st
day of October, 1991,
Approved as to Legal was acknowledged by David
Sufficiency and Form R. Miller and said person
executed the same free and
voluntarily for the
purpose there-in
expressed.
wi tness my hand and seal
in the County an~ State
~~ore((J~~ ~~ da~
1991.
Notary Public
SD~v~
My Commission Expires:
~ 3<5 /ff.S
'II."
EXHIBIT B
David Miller & Associates, Hourly Rates
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Multiplier
Employer Category
Professionals --Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Architects:
Principal Architect $25.00 $75.00
Project Manager $21. 00 $65.00
Architect I $15.00 $45.00
Engineer (MEP) N/A $40.00
Project Engineer (Structural) N/A $75.00
Project Designer (Structural) N/A $55.00
Technicians -- Drafters, Graphic Artists, Computer, Computer,
Surveyors, Cartographics, Construction Inspectors
Architect II $11. 67 $35.00
Draftsman (MEP) N/A $25.00
Draftsman {Structural) N/A $35.00
Office Support
Included as a part of the overhead multiplier to the basic
professional rates.
Engineering fees for hourly projects are passed through based
upon their standard billing rates, and this office support is
included as a part of these rates.
.. -~ - ~
1/--0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # '1~ - MEETING OF OCTOBER 8, 1991
REQUEST TO USE POMPEY PARK/AMATEUR BOXING PROGRAM
DATE: October 4, 1991
At your September 24th meeting the Commission, by consensus accepted
the concept of the boxing program; however, requested that staff look
at alternatives and to determine the impact this program might have at
Pompey Park. A suitable alternative is not available. Our proposal to
conduct this program at Carver Community Middle School met with
negative results. Subsequently, we have received another request
from the Delray Boxing Club, in cooperation with the Kids and Cops
Program, to use Pompey Park on a limited basis. The following
represents the activities scheduled at both Pompey Park and the Civic
Center:
Pompey Park:
1. Drug Abuse uses the gym facilities one to three times a
week 10:30 a.m. until 11:30 a.m.
2. Afterschool Program uses auditorium and gym from
2:00 p.m. until 6:00 p.m., Monday through Friday. Plus,
mini day camps during school year from 8:30 a.m. until
5:00 p.m.
3. Open to the pub lic - free play basketball (unscheduled)
and tournament ball (scheduled) from 6:00 p.m. un t il 10:00
p.m. , Monday through Friday; 9 a.m. un t il 5:00 p.m. ,
Saturday; and, 1:00 p.m. until 5:00 p.m. on Sunday.
4. Summer Schedule begins two weeks after school ends
until one week before school starts from 8:30 a.m.
until 5:00 p.m.
Civic Center:
The gym is used for activities from 9:00 a.m. until 10:00
p.m. Monday through Friday, from 2:00 p.m. until 6:00 p.m.
there is the afterschool program. Monday through Thursday
from 6:00 p.m. to 10:00 p.m. there are paid classes. Friday
evening is open. Saturday activities vary.
The request is to use the facilities at Pompey Park for six hours
during the week at various times which would not affect any of the
other scheduled programs. Accordingly, the Parks and Recreation
..",
Director has indicated that the Boxing Program would not interfere
any other existing programs currently underway.
Recommend approval of the request to use Pompey Park on a limited
bas is, for the Boxing Program.
Agenda Item No. :
AGENDA REQUEST
Date: 10/03/91
Request to be placed on:
X Regular Agenda
Special Agenda 10/08/91
Workshop Agenda When:
Description of item (who, what, where, how much):
Request approval for the Delray Boxing Club (in cooperation w1th the K1ds and Cops
Program) to utilize Pompey Park on a limited basis.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
-
Recommendation: Interim Police Chief, Parks and Recreation Director and
Boxing Committee recommend approval.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
....., c?.:~
Department Head Signature: ,,< )'1.-1
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: rI>- Ar"o~b p~~ e:>~~"b
~ ~~~~"'i~~$P~U
Approved. for agenda: Y / NO ?Jl,,/,~~ tr.e~~7~ -
Hold Unt1l: '+elJ-<.-V~~ b~ ~
Agenda Coordinator Review: a~ s$,etPL ~~.?J~~ '"
Received: ~~ bH~~~-.ef
Placed on Agenda: i.R.~.
Action: Approved/Disapproved
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Interim Chief Richard M. Lincoln
FROM: Sergeant Ross Licata (J~
Community Relations Section
DATE: October 2, 1991
SUBJECT: BOXING PROG~AM AT ROMP~X__fbR~
------------------.-----------------------------------------------
------------------------------------------------------------------
On Tuesday, September 24th a request was put before the City
Commission regarding the use of Pompey Park for the Delray Boxing
Club. During the meeting a few citizens expressed some concern
that existing programs at Pompey Parl{ might be in jeopardy for
local kids using the facility if the Boxing Program was added.
The Commission requested that we check on the availability of an
alternative site, or to determine what impact the Boxing Program
would have at Pompey Park for existing programs.
I spoke vi i th Mr. Paul Houlihan, Principal at Carver Middle
Schoo 1 , to see if he would be able to provide space for the
program, however, that request met with negative results.
I also spoke again with Joe Weldon, Director of Parks and
Recreation, to see if an alternative site would be available for
the Boxing Program. He indicated that Pompey Park was the only
location we could utilize for this activity.
After discussing l:l1e time needed to conduct the Boxing Program,
Mr. Weldon assured me 1:11<1 t it wOllld nol: inl:erfere with any other
exisLing pl'ogl'amn c\lLTenl.ly lmdel:w;:lY a I: PompeyPaxk.
We are r"'limply reql Ie s l:iIHJ 1:0 11:38 tile faci 1 j ty for six ( 6 ) hours a
week at: vdr.io\1s times Lha l-. wou'tel noL effect allY ot:11e1' progrflms.
NO'!' I'; : MC)B L or: l:he chi ldl:en (:IIITell l:1 Y pcll'l:i c:i paLi llg ill the
Box;lH] Pro<JI'am aU live in the i mll1(~d:i ate area of Pompey
Park. 'I'his pJ:ogram will only enhance avaLlable
programs to Jocal youth living around and utilizing
Pompey Park.
SUBJECT: ~QX!!:!Q_J~BQQFj\M_AT :pOM:P_~Xu__rbF...K
OCTOBER 2, 1991
PAGE 2
I also discussed this issue with Leonard Butler, the site
Supervisor at Pompey Park, to get his personal feelings on
utilizing his facility for the Boxing Program. He indicated that
the Boxing Program would be very popular among the kids using the
site. He also assured me that it would not conflict or diminish
any existing programs currently underway.
Again, I am requesting that we get approval from the City
Commission to utilize Pompey Park for this program. I have
personally been involved in this program and have seen firsthand
the positive interaction with the kids and feel that this would
be a very successful and positive program in Delray Beach.
vIs
cc: Major W.H. Cochrane
,
.
, .
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Boxing Program
DATE: October 3, 1991
Commission is considering a request regarding the use of Pompey Park
for the Delray Boxing Club. Pompey Park is the only site available
to be utilized for this activity since we have paying classes
scheduled at the Community Center Monday through Thursday evenings.
It is my understanding the boxing program wants to utilize the gym
from about 5:30 p.m. to 7:30 p.m. two nights a week and two hours on
the weekend. Open play basketball is scheduled in the evening and
can still be accommodated in one half of the gym while the boxing
program utilizes the other half.
U -J2Q-v
eldon
tor of Parks and Recreation
/jmh
REF:BOXING.DOC
,
cc: Rick Lincoln, Interim Police Chief
Leonard Butler, Recreation Supervisor IV/Pompey Park
'1'"
.
October 4, 1991
To: Delray Beach City Commissioners
Subj ect: Delray Boxing Club
Description & Location:
A boxing program, as a part of t.l1e "Kids & Cops" committee; irrplerrented
by the Delray Beach Police Department and supported by the Kiwanis Civic
Club. It is now being conducted at the Pompey Park Center, 1HH W. 2nd
Street (11th Ave. & W. 2nd Street) in Delray Beach. ~c~,:!l~_ c!ax.s _o~.
~~ ~~~ ~n~ ~i~~ ~f _da'y _to_ ~ a!:!n~u~e.?;
Requirements & Objectives:
1. Youngsters, 8 - 19 years of age, attending school, willing to be church
affiliated, in order to develop strong ethical principles,
be counseled, provide periodic school report cards, be tutored if
necessary and demonstrably conforming to acceptable behavior are
welcorre. Each participating youngster will be required to:
a. undergo physical examination
b. provide consent and waiver of parents or guardians
c. be insured
2. This program is intended to foster the recreational, sport, physical,
social, and especially, the educational, moral and spiritual
develorxnent of youth. To successfully carry out the objectives and
functions of this program, many resource agencies will be called upon
for overall welfare of the youthful members.
3. Supervision will be conducted under HRS (Health, Rehabilitation
Services) requirements with qualified adults, utilizing a multi-
disciplinary approach in the training process.
If further information is required, call Joe Valentino after 9:00 p.m. at
278-1428.
, .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
'1K
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 8, 1991
APPOINTMENT TO THE EDUCATION BOARD
DATE: OCTOBER 4, 1991
Due to the recent resignation of Beth Mulholland, a vacancy has
been created on the Education Board. The term is for two (2 )
years, or through July 31, 1993.
Section 32.28 of the City's code states the following: "It is
the intent, if possible, that the membership of the Education
Board shall include members who have a background in business,
real estate, and/or education. The members of the Education
Board shall be residents of the City of Delray Beach or shall be
a person with a child or children attending Delray Beach public
schools. Should a member of the Education Board not be a resi-
dent of the City of Delray Beach and should that member's child
or children cease attending Delray Beach public schools, then
such member shall no longer be qualified to serve on the board."
The following individuals have expressed an interest in being
appointed to the Education Board and have submitted their resumes
for consideration:
Linda L. Cochran
Jerome H. (Jerry) Marshall
Joseph Valentino (currently serving on Kids and Cops)
Horace Waldman
Based upon the rotation system, the appointment will be made by
Commissioner Alperin (Seat #2).
Recommend appointment of a member to fill the unexpired term of
Beth Mulholland on the Education Board, to a term ending July 31,
1993.
~'"
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CITY OF DELRAt BEACH ~ J.;,; -y /'/ (/ v" - .
BOARD MEMBER APPLICATION y. I, _
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L>1d~ jt~ (Jdral) j
NAKE . .
5fJb J- N W 6"" S/, d)p ~ ~ ~% f7 s3~}/6
HOKE STREET ADDRESS, CITY, ZIP (LEGAL SIDEN )
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
'I?t - ;;l?,~
BOHE PH<,lNE BUSINESS PBOIIE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Edu ccdr r/'r\.
LIST ALL CITY BOARDS ON WHICH YOU ARB CURRBIITLY SBRVIIIG OR HAVI PRBVIOUSLY
SIRVID (Pleaae inolude date.) ,
YOU HOLD.
.
YOUR PRBSENT,
h. .
..
PLEASB ATTACH A BRllr RESUMIo
I HBREBY CBRTIFY TRAT ALL THB ABOVE STATEMBNTS ARB TRUE, ANDoI AGRBB AND
UNDERSTAND THAT AllY HISSTATIMEIIT or MATBRIAL FACTS COIITAIIIBD III THIS AP-
PLICATION HAY CAUSE rORFIITURl' UPOII MY 'ART or AllY A"OIIl1'NIN'1' I NAY
RECBIVI.
fiiik a dAd.~ ~ ;;.;)., Iff/
SIGNATURB DATi
.
.
- -
L 1ndl L.. Coehrln
5062 N,W 6 TH ST
Delray Beach,Florida 33445
Home Dhone 407-496-2885
Prof...tonll Exp.rt.nc.
1990-1991: Cities In Schools- At Risk Students
Spanish River Community High School
implementing programs to encourage students to develop
their best qualities and use education to achieve their goals,
1984-1990: Medla Speclallst
Spanlsh River Community High School
A,jmJn1stered and Co-ordinated all facets of the Media
program-
Taught Library Skills and audio-visual use,
Ordered,Catalogued, Classified, and Facilitated
use of Materials ,equipment and software.
Created varlOUS A-V matenals for Academlc and soc1a]
use-(9 Projector Slide Shows, Video Yearbook)
I nvo lved in the computerizmg of the Media Center as one
of the pilot schools for the Unicorn System.
Co-ordinated County Media FAME competition
1982-1983:Readlng Teacher
Loggers Run M1ddle School
Taught 6TH grade Reading skHls
1980-1983: Director of Operations
The Grocery Restaurant
Delray Beach, Florida
Managed personnel and front operations of small gourmet
restaurant
1971-1979: Media Specialist
Rippowam High School
Stamford, Connecticut
Similar duties and responsibl1ities as Spanish River,
t 967- t 970: Elementary School Teacher
1967- 2nd Grade, Monroe Conn,
1968- 6Th Grade, Paauilo,Hawail
1969& 1970 5Th Grade, Huntmgton,Conn
Educltton
1967 55 of EducatlOn- Southern Connectlcut State College
1972 5Th Year L1brary Science- Southern Connectlcut State College
1974 M.A. Audio-Visual-University of Bridgeport
1978 6Th Year Speclal1st -Educational TV- Fairfield University
P.rsanl1 I nfarmlttan:
Birthdate: Feb, 21,1945
Health: Exce llent
Marrled: Kevin M, Cochran
ChIldren: Casey Lee-6 1/2 years old
Kaela 1 1/2 years old- process of adopting
President of Rainberry Woods Homeowners Association,Delray
Beach,
R.f....nc..:
Ms Barbara Ross, Media Specialist
Spanish River Community High School
5100 Jog Rd., Boca Raton- 241-2213
Mr. Wl1J1am Massey, CIS Project Director
Spanish River Community High School
5100 Jog Rd., Boca Raton - 241-2220
Mrs, Yetta Green, Asst. Principal
Spanish River Community High School
5100 Jog Rd., Boca Raton -241-2200
Dr, Arthur Johnson, Pr1nc1pal
Spanish River Community High School
5100 Jog Rd., Boca Raton -241-2200
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
-
r7'j
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE 2~J 0007 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Pt/C1{/O~ ~~,' ~~ ,JP..-eltJ3
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
#A/~
EDUCATIONAL QUALIFICATIONS ./06# cPCrlO?? c/bn, ~ ~~/ ~r;..~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
;U)t//f;
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~ / ~ . '. . ~ . ~~
AUArn 'l!7p'~r>' 'AM~
~~t.;~~ ~.,.,l!;r- /~J7---.fY ~~";'6P-JY
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
,
~Af~~ ~)p~
~ SIGNATURE , DATE
4/90
r:~/
de7?v,-r: /A/ ~/T/c-:r /Y'v".c/ //'7'0,/91"9' .4'f;OAea-eU ~/'~
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Joseph Valentino
2395 Jaeger Drive, Apt, 4A; Delray Beach, FL 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Retired - Part time tennis night court supervisor of Delray Tennis Center
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407-278-1428 BUSINESS PHONE 276-5146
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Member and Chairperson of the Human Relations Committee 1986-1989
EDUCATIONAL QUALIFICATIONS Graduate - Bucknell University
Masters Degree in Industrial & Vocational Education - Maryland University;
Graduate Army War College
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Teaching Certificate - New York State and Palm Beach County
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Retired
Part time night court supervisor - Delray Beach Tennis Center
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD 1) Masters Degree in Education 2) Served -as instructor of Communications
and Intelligence, Signal Corps World War II 3) Lay Minister in Catholic
Diocese of Palm Beach - Ministry of youth development 4) Former Chairperson
of Human Relations Committee 5) Substitute teacher - over 3~ years
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE Al'm
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE,
rFA?Ya · ~/1-/;7f/
~ . ./ ;:t- Ci~~ DATE "
SIGNA RE
4/90
,",,'
RESUME
1. Graduate of Bucknell University - scholastic and athletic scholar-
ship, June 1937
2, World War II - Signal Corps Army Officer in Communications, Securi-
ty and Intelligence, 1943-1946
3, Masters Degree in Industrial and Vocational Education, Maryland
University, 1950
4, Retired Government Engineer and Research Analyst from the National
Security Agency, 1943-1973 (30 years of service - involved in
communications security and intelligence).
5, Experience in training, coachin~, and counseling, over one-thousand
(1,000) youngsters during a period of fifteen years in parish
religious, athletic, recreational, cultural and social activities -
St. James Parish, Falls Church, Va,
6, Substitute teacher for thirty-five (35) years in academic and
vocational courses
7, Tennis night court supervisor at Delray Beach City, 1981 - present
8, Completion of a two (2) years' program in Lay Ministry conducted
by the Catholic Archdiocese of Miami; commissioned June 6, 1982,
to serve as Lay Minister in the development of youth
9. Served as member and Chairperson of the Human Relations Committee
(lIRC) 1988-1989
10, Served in "Cities in School" program tutoring youngsters in need
of help in academic subjects at Carver Middle School of Delray
~each 1989-1990
11. Tutored inmates in Lantana Correctional Institute 1989 and coached
inmates in a tennis program
12. Involved in Delray's Kids & Cops program with particular interest
in a recreational and sports boxing and educational program with
the particular objective of keeping youngsters in school
~---~
. ,~ ~
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CITY OF DELRAY BEACH
+1i{l~ BOARD MEMBER APPLICATION
" - J. W~MI
NAME
4-=s1 S, 3) Iff?
A-v L- &IkJ+
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
/'10 tlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) tI oHL
HOME PHONE fo1- J/J g -1s1v BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ ~oA '. C'5 e, : feb';);~l\ -fund
( 3e t'.n-o..\ ~. teL 8r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS l") ~~ C--LA D uA Tf- -
B .). /lj 115'/ JlUJ A-v ft/ HJfTf-mo N - /1A.J o!- I H
t ~tJHT7~G- .
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~
~fJf-O PIiBW<:- Au.J)tJr-tfAff,-<HEJ~ /
GI E YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
15"5 +-CoM IJH ~JI1-1~rnH fI~ -PA~nf
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A-t-H o5-r- ~ '! f:-A (L5) 0 F- PuB 1-1 c- f+.uo () tfTn/6--
It! !jtu-Ij ~s oF- IHD Uhf-I It! ~f)(TTorl
I LJAs ~4-A)~AM oF- ~ &,#W) oF- ~.JllSTf1EH-'--
J tf. P /.-AI ~r f.~ ---1 ~f..'I Fop- 5 E.JEc.f.-AL 'f f.AU
PLEAS TTACH A B REsUM .
--h ~ '5" a-r- t1 cJe#- {; A-;:>5J ARE TRUE, AND
I HERE Y CERTIFY THAT ALL THE ABOVE STATEMENTS I AGREE AJ.'.JD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ ()~ f /qqo
DATE
4/90
.
, -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM 11 q L - MEETING OF OCTOBER 8 , 1991
CANCEL A PORTION OF A BID AWARD AND REAWARD TO RESPONSIVE
LOW BIDDER
DATE: October 4, 1991
It has come to staff's attention that four of the fertilizer items
awarded on September 24th to low bidder, Colonial Products, do not meet
City specifications. We require sulfur coating of active ingredients
for longer time release qualities. Colonial Products did not offer
this more expensive sulfur coating, and therefore are unresponsive.
Therefore, staff is recommending that Items 2,3,6, and 7 of the bid
from Chemicals and Fertilizers be awarded to Howard Fertilizer in the
estimated amount of $24,396.70.
Recommend cancellation of that portion of the bid (Items 2, 3, 6, and
7) with Colonial Products and award those items to Howard Fertilizer in
the estimated amount of $24,396.70 with funding from Gardening Supplies
(Account No. 001-4131-572-35.54/ $33,000) and (Account No.
445-4714-572-35.54).
"',,'
"1'1'
Agenda Item No. :
AGENDA REQUEST
Date: OC'f"nnpr 1, lqql
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: October 8. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Chemicals & Fertilizers - Annual Contract
Re-Award Items #2.3.6.7
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Cancel award for above items with Colonial Products and award
to low responsive bidder, Howard Fertilizer.
Revised Estimated Annua $111,125.66
Department Head S~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No, & Description: ro3l~I-512,~S-6i$B~lX)i:)
Account Balance: J~/lXJ) 44<;'-41Ilt -51'2. 3S-54$~g,ooo
City Manager Review: ql\~t>6~\l-.\q S~PPL\e:s
Approved for agenda: &/ NO;Jy\
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~ministrative Services f/J
FROM: Ted Glas, Purchasing Officer
DATE: October 2, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 8, 1991- BID AWARD - BID #91-67
CHEMICALS & FERTILIZERS, ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to re-award Fertilizer Items
/12, 3, 6, 7 to low responsive bidder, Howard Fertilizer.
Background:
It has come to light that four (4) fertilizer items awarded on
September 24, 1991 to low bidder, Colonial Products, do not meet
City specifications:
Item /12 24-5-11 FE + MN Fertilizer
Item 113 22-5-7 + Atrazine Fertilizer
Item #6 22-0-22 Fertilizer
Item /17 32-5-7 + 74% Dursban Fertilizer
City specifications require sulfur coating of active ingredients for
longer time release qualities. Colonial Products did not offer this
more expensive sulfur coating of potassium chloride, and are
therefore unresponsive.
The City Parks Superintendent and the Golf Course Greenskeeper
recommend purchasing the sulfur coated material per attached memos.
Recommendation:
Staff recommends cancelling the award of Fertilizer Items #2, 3, 6,
7 with Colonial Products, and awarding to the low responsive
bidder, Howard Fertilizer.
Howard Fertilizer - Estimated Annual Expenditure - $24,396.70
Colonial Products - Estimated Annual Expenditure - $ 1,318.50
Attachments:
Tabulation of Bids
City of Delray Beach Requirements Sheet
Memo from Parks Department
Memo from Golf Course
Fertilizer Specification Pages
pc Joe Weldon
Brahm Dubin
Ray Eubank
Tom Arendt
~ ."
Managed by Dubin & Associates Inc.
DONALD ROSS, 1923
To: TED GLASS
FROM: Tom Arendt.
DATE: 10/1/91
RE: fert.ilizer bid
Unfort.unatly Colonial did not. have an equivalent product. when
t.hey substitut.ed for t.he sulfur coat.ed pot.assiulft in t.heir
product.s. The uncoat.ed KCL is very soluble and has t.o short. a
l.ife in t.he soil., it. leaches away rapidly.
The sulfur coat.ed product. disolves very slowly. Due t.o t.he fact.
t.hat. t.he coat.i.ng t.hickness var ies, t.he pot.assium becomes
available t.o t.he plant over a much greater peri.od of tilfte at. a
st.eady rat.e. This resul.t.s in mare effective use of mat.erial and
a labol' saving application schedule.
I would recommend t.hat t.he it.ems 2, 3, 6, 7, t.hat. were awardeed t.o
Colonial., be purchased from t.he next. lowest. bidder that. meet.s the
specifications.
2200 Highland Avenue · Delray Beach, Florida 33445 · (407) 278'()315
-""
M E M 0 RAN DUM
TO: Ted Glas, Purchasing Officer
FROM: Ray Eubank, Superintendent of Parks ~
THRU: Joe Weldon, Director of Parks & Recreation ....
SUBJECT: Co-Op Bid For Chemicals and Fertilizers Bid #91-67
DATE: October 1, 1991
Items number's 2, 3, 6, and 7 awarded to Colonial Products,
Inc. do not meet the Co-Op's bid specifications.
These items should be re-awarded to the low responsive bidder,
Howard Fertilizer Company.
\:2~,~~.Q ..~
Ray Eu nk-- ~
Superintendent of Parks
City of Delray Beach Requirements
Parks Dept:
Chemicals Fertilizers
Item ~ Unit Cost Ext, Cost Item ~ Unit Cost Ext. Cost
8 5 gal 3.00 gal. $ IS,()O 1 445 bags 11. 50 bag 5 , 117 , 50
11 10 gal 22.50 gal. 225.00 2 680 baRs 8.78 bag 5,970.40
15 5 gal 35.20 gal. 176.00 3 350 bags 10.70 bag 3,745.00
19 10 lb. 4.88 lb. 48.80 4 15 cases 50.00 case 150.00
20 10 gal 22.04 gal. 220.40 5 30 bags 10.30 bag 309.00
26 75 can 2.50 can 181.50 6 75 bags 9.88 bag 741. 00
34 100 1b 1. 84 lb. 184.00 7 210 bags 17.38 bag 3,649.80
43 10 gal 46.98 gal. 3,388.60 8 160 bags 22.15 bag 3,640.0()
47 25 1b .38 lb. 9.50 9 25 bags 2().5/) bag 512.50
55 48 can 2.36 can 113.28
TOTAL $4,468.08 TOTAL $ 24,435.20
Golf Course:
Chemicals Fertilizers
Item ~ Unit Cost Ext. Cost Item ~ Uni~ Cost Ext. Cost
3 30 gal 16.62 gal. S 498.60 2 80 bags 8.78 bag 702.40
5 10 gal 60. 90 gal. 609.00 3 30 bags 10.70 bag 321. 00
6 100 gal 21.25 gal. 2,125.00 6 420 bags 9.88 bag 4,149.60,
8 10 gal 3.00 gal. 30.00 11 2 tons 165.00 ton 330.00
9 15 gal 15.40 gal. 1,131.00 12 40 tons 180.00 ton 7,200.00
10 15 gal 28.40 gal. 426.00 13 40 tons 175.00 ton 7,000.00
12 10 gal 11. 40 gal. 114 . 00 15 40 tons 45.30 ton 1,IH2.00
14 10 gal 22.00 gal. 221).00 17 40 tons 160.00 ton 6,400.0~
15 10 gal 35.50 gal. 355.00 19 15 tons 207.20 ton 3,108.00
18 15 gal 13.78 gal. 206.70
19 60 lb 4.88 lb. 292.80 TOTAL $31,023.00
23 100 lb. . 51 lb. 51.00
24 100 gal 74.95 gal. 7,495.00
25 5 gal 169.50 gal. 847.50
27 500 lbs 17 .45 lb. 8.125.00
28 60 bags 34.00 bag 2,040.00
29 4000 1bs .32 lb. 1.280.00
31 100 gal 15.75 gal. 1,575.00
34 160 lbs 1. 84 lb. 294.40
38 50 gal 52.50 gal. 2.625.00
39 800 lbs 9.05 lb. 7.240.01)
41 150 lbs 8.65 lb, 1.297.50
42 30 bags 27.40 bag 822. (1)
43 60 gal 46.98 gal. 2,818.88
46 1.0 lbs 23.0S lb. 461. 00
49 50 gal 6,80 gal. 341),00
50 15 gal 165,70 gal. 2,485.50
51 20 gal 5R,70 gal. 1 . 17 4 .fll)
53 20 gal 142,00 gal. 2,840,01)
54 200 lbs 2,50 lb. 500,1)0
56 50 gal 5,59 gal. 279.50
TOTAL $SI,199,38
PALM BEACH COUNTY COOPERATIVE
PURCHASING COUNCIL
INVITATION NO. 91-67
SCHEDULE OF PRICING (Cant.....)
FERTILIZERS:
(In order for bid to be evaluated, pricing shall be per unit price(s)
stated on bid form)
ITEM ~2) (24-5-11) FE + MN - 50 LB. BAG
NITROGEN SOURCE: 12.00 % SULFUR COATED UREA N
10.94% UREA N
1.06% AMMONIACAL N
PHOSPHOROUS SOURCE: AMMONIUM PHOSPHATE
POTASSIUM SOURCE: SULFUR COATED POTASSIUM CHLORIDE
OTHER: 8.1% SULFUR
3.4% IRON
1.0% MANGANESE
LIST PARTICLE SIZE AND MINOR ELEMENTS:
IF YOUR ANALYSIS AND PACKAGE DIFFER, STATE IT:
ESTIMATED ANNUAL USAGE: 1290 BAGS
UNIT PRICE PER BAG: $
TOTAL EXTENDED PRICE: $
Page 18
PALM BEACH COUNTY COOPERATIVE
PURCHASING COUNCIL
INVITATION NO. 91-67
SCHEDULE OF PRICING (Cont.....)
FERTILIZERS:
(In order for bid to be evaluated. pricing shall be per unit price(s)
stated on bid form)
ITEM #3) (22-5-7) + ATRAZINE - 50 LB. BAG
NITROGEN SOURCE: 11.00 % SULFUR COATED UREA N
1.06% AMMONIACAL N
9.94% UREA N
PHOSPHOROUS SOURCE: AMMONIUM PHOSPHATE
POTASSIUM SOURCE: SULFUR COATED POTASSIUM CHLORIDE
OTHER: 4.4% SULFUR
1.0% IRON
90 PERCENT OF PARTICLES PASS THROUGH A 6 MESH AND ARE RETAINED ON A 16
MESH U.S. SIEVE
LIST PARTICLE SIZE AND MINOR ELEMENTS:
IF YOUR ANALYSIS AND PACKAGE DIFFER. STATE IT:
ESTIMATED ANNUAL USAGE: 620 BAGS
UNIT PRICE PER BAG: $
TOTAL EXTENDED PRICE: $
Page 19
""
PALM BEACH COUNTY COOPERATIVE
PURCHASING COUNCIL
INVITATION NO. 91-67
SCHEDULE OF PRICING (Cant.....)
FERTILIZERS:
(In order for bid to be evaluated, pricing shall be per unit price(s)
stated on bid form)
ITEM #6) (22-0-22) 50 LB. BAGS
(11,000 SQ. FT. COVERED PER BAG @ 1 LB. N/1000 SQ. FL)
NITROGEN SOURCE: 15.4% SULFUR COATED UREA N
6.6% UREA N
.065% AMMONIACAL N
PHOSPHOROUS SOURCE: SULFUR COATED POTASSIUM CHLORIDA
OTHER: 12.8% SULFUR
LIST PARTICLE SIZE AND MINOR ELEMENTS:
IF YOUR ANALYSIS AND PACKAGE DIFFER, STATE IT:
ESTIMATED ANNUAL USAGE: 495 BAGS
UNIT PRICE PER BAG: $
TOTAL EXTENDED PRICE: $
Page 22
.>,,,
PALM BEACH COUNTY COOPERATIVE
PURCHASING COUNCIL
INVITATION NO. 91-67
SCHEDULE OF PRICING (Cant.....)
FERTILIZERS:
(In order for bid to be evaluated, pricing shall be per unit price(s)
stated on bid form)
ITEM #7) (32-5-7) + .74% DURSBAN - 50 LB. BAGS
(11,000 SQ. FT. COVERED PER BAG @ 1 LB. N/1000 SQ. FT. )
NITROGEN SOURCE: 13.25% SULFUR COATED UREA N
1.06% AMMONIACAL N
17.69% UREA N
PHOSPHOROUS SOURCE: AMMONIUM PHOSPHATE
PHOTASSIUM SOURCE: SULFUR COATED POTASSIUM CHLORIDE
OTHER: 7.4% SULFUR
ACTIVE INGREDIENTS/ACRE: 1.0% 1LB. CHLORPYRIFOS
LIST PARTICLE SIZE AND MINOR ELEMENTS:
IF YOUR ANALYSIS AND PACKAGE DIFFER, STATE IT:
ESTIMATED ANNUAL USAGE: 210 BAGS
UNIT PRICE PER BAG: $
TOTAL EXTENDED PRICE: $
Page 23
.
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. .
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 8, 1991 - 6:00 P.M,
PUBLIC HEARINGS - 7:00 P.M,
COMMISSION CHAMBERS
-----
ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE: anW
M, MORIKAMI PARK WELLFIELD: Authorize Jim Vance to negotiate
agreement with the County for rights to develop a we llfi e 1 d at
Morikami Park.
N. PARK VELOPMENT AGREEMENT/WILLIAM SWAIM AND ASSOCIATES INC. :
~consl r an agreement with William Swaim and Associates, Inc. for
~ dev opment of the preserve property located at Bond Way and Palm
T il.
-
[IT' DF DELRA' BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000
MEMORANDUM
TO: Mayor and City Commission
,~~
FROM: David T. Harden, City Manager0 '
SUBJECT: ACQUISITION OF WELLFIELD RIGHTS AT MORIKAMI PARK
DATE: October 8, 1991
As directed by the City Commission, the staff has completed a
feasibility study to locate potential wellfield sites within the City
limits. We did locate three potential sites.
The cost of developing a wellfield at Morikami Park and extending a
pipeline from there into the City is estimated at $4,063,000. The cost
of developing a wellfield in the City limits at the location closest to
our existing raw water main is estimated at $3,173,000. While the
construction costs for a site within the City are less, our attorney
who handles condemnation for us has informed us that based on the
experience of Boynton Beach in acquiring a wellfield site, he estimates
the costs to acquire the wellfield would be on the order of $2,000,000.
Therefore, the total acquisition and development costs for a wellfield
in the City is expected to greatly exceed the cost of acquiring and
developing a wellfield at Morikami.
In view of the information presented above, the staff recommends that
the Commission authorize Mr. Jim Vance to complete negotiation of an
agreement with Palm Beach County for rights to develop a wellfield at
Morikami Park.
DTH:nr
qH
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER l ~" - MEETING OF OCTOBER 8 ,
SUBJECT: AGENDA ITEM # 1991
ORDINANCE NO. 74-91
DATE: October 4, 1991
This is a second reading of an ordinance adopting a portion of
Comprehensive Plan Amendment 91-1 by amending the Future Land Use Map
designation from General Commercial to Transitional for a parcel of
land located on the southeast corner of Linton Boulevard and Federal
Highway, referred to as Amendment #2, Old Harbor Office Center.
At your September 24th meeting this item was separated from the
ordinance adopting Plan Amendment 91-l. A detailed staff report is
attached as the backup material for this item.
Recommend approval of Ordinance 74-91 on second and final reading.
p~ 4-0
III,"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
\J~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
ORDINANCE 74-91, FUTURE LAND USE MAP AMENDMENT RE OLD
HARBOR OFFICE CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of this Ordinance which will change the Future Land
Use Map designation for the 9.93 acre Old Harbor Office
Center from Commercial to Transitional.
The project is located at the southeast corner of Linton
Boulevard and Federal Highway.
BACKGROUND:
This proposed Future Land Use Map amendment was initiated by the
city in order to correct an error which occurred upon adoption of
the Future Land Use Map.
The subject property was developed as an office complex under the
SAD zone designation. Under unknown circumstances the site was
later designated as LC on the zoning map. That designation was
then transferred, as commercial, to the original Future Land Use
Map. Upon rezoning, pursuant to F.S. 163, the error was
discovered.
At first reading of the ordinance for Plan Amendment 91-1, the
property owner sought retention of the designation. The City
Commission then separated consideration of this specific parcel
from the balance of the Future Land Use Map amendments so that it
could be acted upon on its own merits. Special notice has been
provided to property owners within 500' of the property.
ANALYSIS AND COMMENT:
Apparently, the City Commission's initial decision to consider
the item separately might have been due to the potential for
an Office Depot outlet locating on the ground floor. That
Dotential has been research and has been deemed incorrect.
111111
City CQ~mi66ion DOGumentation
Ordinance 74-91, Future Land Use Map Amendment
Re Old Harbor Office Center
Page 2
It appears ill advised to deter from the path set-out earlier
this year in proceeding with the correction. While the
opportunities being discussed involve a single retail tenant for
the 14,600 sq. ft. of ground floor space, the request to
accommodate a commercial designation on the 9.9 acre site
provides for much more commercial activity.
A more prudent path would be to proceed with the change and then
allow the property owner to come forward with a Plan Amendment
based upon a firm development concept and the attendant
assessment information such as a traffic study and
appropriateness of retail commercial activities at this location.
With such information the appropriate Plan Amendment, if any, can
be described. Such options include a full change, a partial
change, or a mixed use concept.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item only as
a part of the Plan Amendment consideration earlier in the year.
The most recent information and consideration has not been before
the Board.
RECOMMENDED ACTION:
By motion, approval of Ordinance 74-91 on second reading.
Attachment:
* Location map and fact sheet from the Plan Amendment package.
DJK/#85/CCHARBOR.TXT
.
SIZE: 9,93 acres
LOCATION: The south east corner of Federal Highway (US 1) and Linton Boulevard
EXISTING USE: Office Center, Bank w/drive-thru window
EXISTING LAND USE DESIGNATION: General Commercial
ADJACENT LAND USE DESIGNATIONS: See large Future Land Use Map
PROPOSED LAND USE DESIGNATION: Transitional
AVAILABILITY AND DEMAND ON PUBLIC FACILITIES:
(Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Traffic Circulation and Recreation)
There are no adverse impacts upon public facilities as the amendment reflects
the existing use of the property,
COMPATIBILITY OF CHANGE WITH LAND USE ELEMENT, OBJECTIVES
AND POLICIES OF THE PLAN:
There are no conflicts with existing comprehensive plan elements
goals, objectives or policies; nor with any amendments proposed herein.
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10/02/91 c: Commission
City Manager "September 30, 1991
David Kovacs
\
13:mlNayor Thomas Lynch
City of Delray Beach '.J ,_~: L..
Delray Beach City Hall 0:7 C
100 N.W. First Avenue 1
Delray Beach, FL 33444
. J -:-..\" CC ;',;1 !'" ~,' :'-,:;~ ~:' ".!
Dear Mayor Lynch:
- .....:c.. .<l.~'-_.-......-____,",._
Re: Plan Amendment 91-1
Land Use Plan Designation for Old ~arbor Office Center
As residents of Tropic Isle, we strongly urge the Delray
Beach City Commission to pass Plan Amendment 91-1 which changes
the land use designation for Old Harbor Office Center from
General Commercial to Transitional with the current POC (Planned
Office Center) zoning to remain as is.
We feel that, of available Land Use Designations, this is
the one which will retain the character of Special Activities
District (SAD) under which Old Harbor Office Center was
originally developed. At that time, there were lengthy
negotiations with the residents of Tropic Isle and we were
promised that if we agreed to a SAD designation, this would be
permanent and never changed. The City has breached this promise
and whether this resulted from oversight, error, or intentional
actions, we demand that limited use of this parcel be retained by
passing the subject Amendment.
Residents of Tropic Isle were not notified of the September
24, 1991, hearing on the matter or we would have been there in
force. We received a notice of the 2nd hearing on Saturday,
September 28, 1991.
While we sympathize with the new owner, this is not the only
office complex with empty space and we do not feel that the City
owes the owner a change in Land Use Designation just so he can
rent his space. It is certainly the responsibility of a buyer to
investigate the Land Use Designation and Zoning of a piece of
property before he purchases it. The owner's argument that the
seller, Bank of ' Boston, "told" him how the property was
designated should carry no weight with the Commission.
We, as property owners in Tropic Isle, who abut this
property will literally have to live with the results of the
Commission's decision in our own back yards.
We respectfully request that this Amendment be passed.
Signedl
~dkJ+ ~~~ 1~ / ~~
Property owners and residents at: 9 2.2. ~ 1/;; ,~I J!. c ET
7I2.cP/0- IsLe
Telephone: /)€ !.'-"cu j)'c<<-.cL F!3,1'L/-P3
-.; ,
.'"
- --------~- ----- ---,-- .._-------_._---~------~---~--
------~.- -----.--- ----- ---- -
-- ------~ - -- ,------
ORDINANCE NO, 74-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A PORTION OF THE
COMPREHENSIVE PLAN AMENDMENT 91-1 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATIONS ACT" FLORIDA
STATUTES SECTIONS 163,3161 THROUGH 163,3243,
INCLUSIVE, BEING A CHANGE TO THE FUTURE LAND USE MAP
FROM GENERAL COMMERCIAL LAND Use DESIGNATION TO
TRANSITIONAL LAND USE DESIGNATION FOR A PARCEL OF LAND
LYING AND BEING ON THE SOUTHEAST CORNER OF LINTON
BOULEVARD AND FEDERAL HIGHWAY, , REFERRED TO AS
AMENDMENT #2, OLD HARBOR OFFICE CENTER, OF THE LAND
USE PLAN ELEMENT; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING .AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the Future Land Use Map designation on the
following described property in the City of De1ray beach, Florida, is
hereby changed to that of Transitional as defined in the Land Use
Element of the Comprehensive Plan of Delray Beach, Florida, to-wit:
All of the Plat of Old Harbor Office and Bank
Facility, as recorded in Plat Book 42, Page 61, of the
Public Records of Palm Beach County, Florida
Together with
All of the Plat of Old Harbor Office and Bank Facility
II, as recorded in Plat Book 42, Page 62, of the
Public Records of Palm Beach County, Florida,
The above described parcel contains a 9,98 acre parcel
of land, more or less,
The subject property is located on the southeast
corner of Linton Boulevard and South Federal Highway,
Delray Beach, Florida. 'J;LU
Section 2, That the Planning Director of
the effective date of this ordinance, change the
the City of Delray Beach, Florida, to conform
Section 1 hereof,
Section 3, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
.
---- ,-
--- -
Section 5, That this ordinance shall become effective imme-
diately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of I 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord, No, 74-91
.
111 ;~
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM, tITY MANAGER
SUBJECT: AGENDA ITEM # l~- MEETING OF OCTOBER 8, 1991
ORDINANCE NO, 68-91
DATE: October 4, 1991
This is a second reading of an ordinance adopting Comprehensive Plan
Amendment 91~1.
We have received the Objections, Recommendations, and Comments (O.R,C.)
Report from tbe Department of Community Affairs with regard to
Comprehensive Plan Amendment 91-1. The City now has 60 days to respond
to the O. R. C . Report and to adopt the proposed amendment, The O.R.C.
Report listed nine specific and two general objects to the proposed
amendment, Staff has addressed those objections and they are contained
in Comprehensive Plan Amendment 91-1, which is attached as backup
material for this item.
At your September 24th meeting, this ordinance was modified to exclude
the Future Land Use Map Amendment change from GC (General Commercial)
to Transitional for the Old Harbor Bank and Office Facility I and II
property located at the southeast corner of Linton Boulevard and
Federal Highway. This item is being addressed via Ordinance No. 74-91.
The Planning and Zoning Board at their September 16th meeting forwarded
the "Response to the O.R.C, Report" with a recommendation that the
responses be incorporated with Plan Amendment 91-1. The full file of
recommendation s and comments with regard to proposed Amendment 91-1 is
available for review in the Planning Department.
Recommend approval of Ordinance No. 68-91 on second and final reading.
~ +0 .Jo ~/b;J5
P I nc.Jp.lio (l5 . t,:. f"I~S
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. .
,C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~~ ,,\,,
~ _ '\_~ ; CC,:t- c.>",
\ ~.~_.. L-'-.'-'~~- ---
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
ORDINANCE 68-91, ADOPTION OF PLAN AMENDMENT 91-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Comprehensive Plan.
BACKGROUND:
This amendment (91-1) was initiated earlier in the year. It had
previously been forwarded to D.C.A. The O.R.C. report was
received in August. Changes were made to the proposed amendment
in response to the O.R.C. report.
The initially proposed amendment and the response to the O.R.C.
report have been provided to Commissioners on previous occasions
(transmittal and first reading respectively).
Attached to this documentation is the enacting ordinance and its
exhibit. The exhibit contains the actual changes shown within
the existing text by underlining (additions) and strike-throughs
(deletions).
In addition, there are two other aspects to the amendment. These
are:
(a) changes now being made for internal consistency -- e.g.
changes in dates throughout the text to reflect a specific
change made elsewhere; changes in funding or cost amounts;
etc.
(b) changes which involve obvious corrections and project
additions to the Five Year Capital Improvement Schedule.
A listing of these changes will be provided prior to the
Commission meeting.
''"
.
city Commission Documentation
Ordinance 68-91, Adoption Of Plan Amendment 91-1
Page 2
PUBLIC COMMENT:
Up to this time there has been little public comment on the
proposed plan amendment. However, there are three items expected
to be addressed at the public hearing. These are:
* Linton Office Center, Land Use Map Change: Please see the
related agenda item. This item is being considered under a
separate ordinance and public hearing even though it is a
part of the plan amendment.
* Silver Terrace Scheduling: Please see the correspondence
exchange (copies attached) between Kathi Sumrall and David
Kovacs. It is anticipated Ms. Sumrall will seek retention
of the Silver Terrace Redevelopment Plan effort in the FY
91/92 work program.
* Reallocation of Bond Funds: It is anticipated that Mr. and
Mrs. Stokes will address the method by which bond fund
reallocations have been made. They distributed information
to the City Commission at last weeks work session.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board previously reviewed this item and
forwarded the response to the O.R.C. report with a recommendation
to proceed with the amendment. The changes involving internal
consistency were not reviewed by the Board. The changes
involving project additions were reviewed by the Board when they
made their determination of consistency between the proposed
annual budget for FY 91/92 and the comprehensive plan.
RECOMMENDED ACTION:
After conducting the public hearing, make further changes as may
be deemed appropriate and adopt Ordinance 68-91.
Attachment:
* Kathi Sumrall letter of August 8th and Kovacs response of
September 30th.
* Ordinance and Exhibit
DKK/#85/CCAMEND1.TXT
111111
.
_..._-----_._,---~-_.__.- --_..-~-- ---- ..~---
--- - --. ~ -~.~_....- ~-_.__._-~--,-----_.._-_.---_._---,.. ---_._---~.- ------.-..- - --_.~,. - _.~ ~---_. ,,-
ORDINANCE NO. 68-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, ADOPTING PORTIONS OF
COMPREHENSIVE PLAN AMENDMENT 91-1 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT," FLORIDA
STATUTES SECTIONS 163,3161 THROUGH 163,3243, INCLUSIVE;
INCLUDING AMENDMENTS TO THE GOALS, OBJECTIVES AND
POLICIES OF THE INDEX, CONSERVATION ELEMENT, PUBLIC
FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND
RECREATION ELEMENT, HOUSING ELEMENT, COASTAL MANAGEMENT
ELEMENT, LAND USE ELEMENT, CAPITAL IMPROVEMENTS
ELEMENT, AND INTERGOVERNMENTAL COORDINATION ELEMENT,
BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED,
AVAILABILITY OF RESOURCES AND NEW INFORMATION;
INCLUDING CHANGES TO THE FUTURE LAND USE MAP FOR EIGHT
(8) PARCELS OF LAND; INCLUDING AMENDMENTS TO PART IV,
"REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION";
INCLUDING AMENDMENTS TO PART V, "PROCEDURES FOR
MONITORING AND EVALUATION OF THE PLAN"; AND INCLUDING
TEXTUAL AMENDMENTS TO SUMMARY OF MAJOR FEATURES OF THE
COMPREHENSIVE PLAN, CONSERVATION ELEMENT, PUBLIC
FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND
RECREATION ELEMENT, LAND USE ELEMENT, AND CAPITAL
IMPROVEMENTS ELEMENT; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 91-1" AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of De1ray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections 163,3161
- 163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act"; and,
WHEREAS, via Ordinance No. 82-89 the City Commission adopted
the document entitled "Comprehensive Plan - Delray Beach, Florida"; and,
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 91-1"; and,
WHEREAS, the Planning and Zoning Board as the Local Planning
Agency, following due public notice, held two public hearings on Apr il
8, 1991 , and April 15, 1991, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation
Act" ; and,
WHEREAS, after the above-referenced public hearings, the
Planning and Zoning Board, as Local Planning Agency, recommended to the
City Commission that the proposed Comprehensive Plan Amendment 91-1 be
adopted; and,
WHEREAS, proposed Comprehensive Plan Amendment 91-1 was
submitted to and reviewed by the City Commission; and,
WHEREAS, following due public notice, the first of two required
public hearings on Comprehensive Plan Amendment 91-1 was held by the
City Commission on April 30, 1991, in accordance with the requirements
of the "Local Government Comprehensive Planning and Land Development
Regulation Act"; and,
WHEREAS, proposed Comprehensive Plan Amendment 91-1 was
forwarded to the State Department of Community Affairs for review and
comment on May 10, 1991; and,
.
ill'"
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------.-- -.---,. ,,--~-------~---- -_.~-_._- .~-----_._---~_..._~,,-,,----~.._.------ .--,,--.-_---,---- -- ---.,-."-
WHEREAS, a report of Objections, Recommendations and Comments
has been received from the State Department of Community Affairs and
said report has been reviewed by the Planning and Zoning Board, as Local
Planning Agency, and is the basis for modifications to the proposed
Comprehensive Plan Amendment 91-1; and,
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 91-1 was held
by the City Commission on October 8, 1991, in accordance with the
requirements of the "Local Government Comprehensive Planning and Land
Development Regulation Act",
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the City Commission of the City of Delray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections 163,3161
- 163,3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act,"
Section 2. That in implementation of its declared intent set
forth in Section 1 of this ordinance, there is hereby adopted and
incorporated herein by reference the document entitled "Comprehensive
Plan Amendment 91-1",
Section 3, That the document entitled "Comprehensive Plan -
Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 91-1,"
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon the
City's receipt of Notice of Compliance from the State Department of
Community Affairs, pursuant to Florida Statutes Section 163.3184,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991,
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
. -2- Ord. No, 68-91
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, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM fI 10. C.- MEETING OF OCTOBER 8. 1991
RESOLUTION NO, 70-91
DATE: October 4, 1991
This is a resolution to levy a tax on all properties within the City of
Delray Beach.
At your September 24th meeting the public hear ing on this resolution
was opened and, by motion, recessed to the October 8th meeting for
continuation of the public hearing.
Recommend approval of Resolution No. 70-91.
f~- L/~O
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RESOLUTION NO. 70-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated for
the General Fund operations of the City revenue derived from the tax of
$6,2000 per one thousand ($1,000) dollars of assessed valuation which is
hereby levied on all taxable property within the City of De1ray Beach
for the fiscal year conunencing October 1, 1991, and terminating
September 30, 1992, the assessed valuation on all taxable property for
operating purposes within the City of Delray Beach being $2,536,134,352
for operating and for maintenance expenses of the General Fund, and also
in addition, all revenues derived by said City during said fiscal year
from all other sources other than the tax levy for current bond service
and that part of collection of delinquent taxes levied for bond service,
The operating millage rate of $6,2000 per one thousand ($1,000) dollars
doe, exceed roll back of $5.8593 per one thou,and l$l.OOO)~Y $0.3407
per one thousand ($1,000) dollars which is 5,8147% of the 11ed back
rate, ~~
Section 2, That the amount of money necessary to J>~ raised for
interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is $2,288,861
and that there is hereby appropriated for the payment thereof, all
revenues derived from the tax levy of $0,9500 per one thousand ($1,000)
dollars of assessed valuation, which is hereby levied for that purpose
for the fiscal year conunencing October 1, 1991, and terminating
September 30, 1992, upon the taxable property of the City of Delray
Beach, the assessed valuation being $2,536,134,352,
Section 3, That the above millage rates are adopted subject to
adjustment in accordance with Section 200,065(5) of the Florida Statutes
which provides that each affected taxing authority may adjust its
adopted millage rate if the taxable value within the jurisdiction of the
taxing authority as certified pursuant to Section 200,065(1) is at
variance by more than three (3) percent with the taxable value shown on
the roll to be extended.
Section 4. That a Public Hearing was held on the proposed
Budget on September 10, 1991, September 24, 1991 and October 8, 1991,
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991,
MAY 0 R
ATTEST:
. City Clerk
~III
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: <<fl CITY MANAGER
SUBJECT: AGENDA ITEM # I 0 .J) - MEETING OF OCTOBER 8 , 1991
RESOLUTION NO. 71-91
DATE: October 4, 1991
This is a resolution which appropriates funds to cover the City's
expenditures for the next fiscal year (Octobp.r 1, 1991 to September 30,
1992) .
At your September 24th meeting the public hearing on this resolution
was opened and, by motion, recessed to the October 8th mep.ting for
continuation of the public hearing.
Recommend approval of Resolution No. 71-91.
f~ 3-0
III;H
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RESOLUTION NO. 71-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY
OF OCTOBER, 1991, TO THE 30TH DAY OF SEPTEMBER, 1992;
TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITHIN RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ' ALL RESOLUTIONS AND
ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ,DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the following sums of money, attached hereto
and marked Exhibit A, be and the same are hereby appropriated upon
terms, conditions and provisions hereinabove and hereinafter set forth,
Section 2, That all monies, hereinbefore appropriated are
appropriated upon the terms, conditions, and provisions hereinbefore and
hereinafter set forth,
Section 3, That subject to the qualifications contained in
this resolution all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1991, and terminating the 30th
day of September, 1992, for which the appropriations are made, are
sufficient to pay all the appropriations in full; otherwise the said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the 1st day of October, 1991, and terminating the 30th
day of September, 1992.
Section 4, That all balances of the appropriations payable out
of the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1991, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be made
in any appropriation for the fiscal year commencing the 1st day of
October 1, 1991, provided, however, nothing in this Section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any fund created
by the setting up of special revenue, but such balances shall be used in
financing the proposed expenditures of these funds for the fiscal year
commencing the 1st day of October, 1991.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such department,
bureau, agency, or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal thereof.
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1111'1
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Section 6, That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of~ the
debt of the City of Delray Beach, Florida,
Section 7, That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the city shall be expended for any
purposes than those for which they are appropriated, and it shall be the
duty of the Budget Director and/or Finance Director to report known
violations of this section to the City Manager,
Section 8. That all monies collected by any department,
bureau, agency or individual of the City Government shall be paid
promptly into the City Treasury.
Section 9, That the foregoing budget be and hereby is
adopted as the official budget of the City of Delray Beach for the
aforesaid period, Provided, however, that the restrictions with respect
to the expenditures/expenses of the funds appropriated shall apply only
to the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution,
Section 10. That this resolution shall be effective on October
1, 1991.
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991.
MAY 0 R
ATTEST:
City Clerk
-2- Res. No, 71-91
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Exhibit A
General Special Enterprise Total
Fund Revenue Funds Funds
Cash Balances Brought Forward: $75,000 $293,518 $1,050,484. $1,419,002
Estimated Revenues:
TAXES: MiHages
Ad Valorem Taxes 6.20 $14,993,357 $14,993,357
Ad Valorem Taxes 0.95 2,288,861 2,288,861
Ad Valorem-Delinq, Pen. & Interest 290,000 290,000
Sales and Use Taxes 84 7 ,430 847,430
Franchise & Utility Taxes 6,581,100 6,581,100
Licenses and Permits 1,306,510 1 ,306,510
Intergovermental Revenue 4,258,989 987,000 57,000 5,302,989
Charges for Service.s 728,925 20,908,082 21,637,007
Fines and Forfeitures 360.500 135,000 495,500
Miscellaneous Revenues 2,418,870 .142,500 732,581 3,293,951
Other Financing Sources 1 ,941 ,530 642,115 50.000 2,633,645
Total Revenues and
other Finacing Sources $36,016,072 $1.906.615 $21,747.663 $59.670.350
Total Estimated Revenues $36,091 ,072 $2,200.133 $22,798,147 $61,089.352
and Balances
Expenditures/Expenses:
General Government $4,887,516 $128,400 $5,015,916
Public Safety 19,685,343 180,115 19.865,458
Physical Environment 277,545 12.712,007 12,989,552
Transportation 1,150,030 1,150,030
Economic Environment 425,679 1,239,115 1,664,794
Culture/Recreation 4,568.319 308,273 1 ,586,285 6,462,877
Human Services 102,708
Debt Service 3,865,063 4,725,617 8,590.680
Interfund Transfers 1,056,479 344,230 3,491 .500 4,892,209
Internal Services 72,390 0 72,390
Total Expend itures/Expenses $36,091 .072 $2,200.133 $22,515,409 $60,806.614
Reserves 0 0 282,738 282.738
Total ExpenditureslExpenses
U nappropri at ed/ appropriated $36,091,072 $2,200.133 $22,798,147 $61.089,352
."
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM " 10 .1> .1- MEETING OF OCTOBER 8 , 1991
LOCAL PLANNING AGENCY DETERMINATION OF COMPLIANCE OF THE
PROPOSED BUDGET WITH THE COMPREHENSIVE PLAN
DATE: October 4, 1991
Attached for your review is a staff report which notes deficiencies in
the proposed budget document (issued prior to notice of public
hearings); and, deficiencies in the Comprehensive Plan 5-Year Schedule
of Capital Improvements,
The Planning and Zoning Board, at their September 19th meeting
formally reviewed this report. Some Board members expressed their
displeasure with the limited amount of time they had to address this
item. However, each item in the Director's Report was reviewed. By a
6-1 vote, the Board made a determination of consistency between the
proposed budget and the Comprehensive Plan based upon the rationale as
provided in the Director's Report and conditioned upon changes being
made to both the Budget document and the 5-Year Schedule as set forth
in the Report. An ordinance has been prepared and placed separately on
your agenda which amends the Comprehensive Plan with regard to the
5-Year Schedule.
Accept and file the Director's Report and accept the determination made
by the Planning and Zoning Board of compliance and consistency of the
proposed Budget for FY 91/92 with the Comprehensive Plan.
~ ~fU- 1/-0
111'1'
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L ~
:',?,-- 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
, I \,
"'-/ ,/\ " / ~ -'
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
LOCAL PLANNING AGENCY DETERMINATION OF COMPLIANCE OF
THE PROPOSED BUDGET WITH THE COMPREHENSIVE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
receipt and file of the determination, made by the Planning
and Zoning Board [as the Local Planning Agency (LPA)], of
compliance and consistency of the proposed Budget for FY
91/92 and the Comprehensive Plan.
The making of a finding (as described above) with respect to
the entire Budget is not required by the Growth Management
Act; however, this process is used by the City since the
Budget does contain capital budgets and capital improvement
projects which do require such a finding pursuant to Capital
Improvement Element Policy A-3.4.
BACKGROUND:
Attached is a copy of the Planning Director's analysis of
compliance. It addressed the required set-asides (C.LE. Policy
A-2.3); capital budget & capital improvement project compliance
(C.LE. Policy A-3.4); programs and activities; and other items
of interest.
That report notes deficiencies in the proposed budget document
which was issued prior to notice of public hearings; and notes
deficiencies in the 5-Year Schedule of Capital Improvements which
is contained in the adopted (amended) Comprehensive Plan.
Through a separate agenda item, changes to the 5-Year Schedule
are considered via ordinance. That consideration is made
pursuant to Part V.B.4.b. of the Comprehensive Plan.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 19, 1991. Some Board Members expressed
their displeasure with the limited amount of time which they had
to address this item. However, each item in the Director's
Report was reviewed. As an aside, commencing this corning
Thursday, the Board will review, evaluate, and consider changes
to the existing process.
~ .u
city Commission Documentation
Local Planning Agency Determination of Compliance of the Proposed
Budget with the Comprehensive Plan
Page 2
By a 6-1 vote, the Board made a determination of consistency
between the proposed budget and the Comprehensive Plan based upon
the rationale as provided in the Director's Report and
conditioned upon changes being made to both the Budget document
and the 5-Year Schedule as set forth in that Report.
RECOMMENDED ACTION:
By motion, receive and file.
Attachment:
* Director's Report, revised as of 9/16/91
DJK/#86/CCCOMPLY.TXT
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1i~~
REVISED 9/16/91
DIRECTOR'S ANALYSIS OF COMPLIANCE OF THE PROPOSED FY 91/92
MUNICIPAL BUDGET AND THE ADOPTED COMPREHENS lYE PLAN, AS AMENDED
THROUGH 91-1.
DESIGNATED SET-ASIDES
C.I.E. Policy A-2.3
* $100,000 from Parks Impact Fee for additional facilities in
existing parks
-- not shown in the Capital Budget document
* $ 50,000 for,remedial dune restoration programs
-- reduced to $12,600. This is acceptable due to the
undertaking of the Beach Renourishment Project in 1992 and
its associated remediation and mitigation programs.
Subsequent year funding is properly shown.
* $300,000 from the General Fund for housing and neighborhood
rehabilitation pursuant to Housing Element Objective A-5.
-- reduced to $ 161,000 for direct improvements, in
addition there is funding for the Housing Coordinator
position. The proposed funding level is consistent with
program process in fulfilling Objective A-5.
* $ 50,000 intersection and alleyway improvements
-- deleted. This item was deleted for FY 91/92 due to
on-going work in the street reconstruction and alleyway
improvement programs of the Decade of Excellence Program.
It is practically not possible to allocate and spend this
general fund allocation during FY 91/92. The item is to be
shown of subsequent year funding.
* $250,000 street resurfacing -- included
* $200,000 from Water and Sewer Capital Fund for extension of
facilities to former enclaves which do not have service
-- included in the W/S operating capital budget
* $100,000 from the Water and Sewer Capital Fund for manhole
replacement -- included in the W/S operating capital budget
* $150,000 from the Water and Sewer Capital Fund for the Lift
Station Rehabilitation Program -- included in the W/S
operating capital budget
* $200,000 from the Water and Sewer Capital Fund for the Water
Main Upgrade Program -- included in the W/S operating
capital budget
* $ 50,000 from the Water and Sewer Capital Fund for the Fire
Hydrant Replacement Program -- included in the W/S
operating capital budget
<III'
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CAPITAL BUDGETS (items between $25,000 and $100,000)
001-3113 Street Maintenance, streets & sidewalks $ 33,000
* This amount is not for any singular project, thus while
lumped as a line item, it does not qualify as a capital
project.
441-5161 Landscape WTP & North Pump Station $ 30,000
* There are two projects involved. The North Pump
Station is a previously designated project. That part
of the cost for the North Pump Station should be
considered a part of the overall project costs.
441-5161 Hydraulic Power Unit $ 30,000
* Previously listed capital project identified as a W/S/
capital operating item. Check for possible duplication
with that budget.
445-4761 Hydraulic Mower for the Golf Course $ 35,000
* Capital equipment item. Not a compliance item.
1987 Utility Tax Bond & 1989 (Short-term) Note (This title is
incorrect)
On July 23, 1991, the City Commission reprogrammed unspent funds
in order to diminish arbritrage . The project list in the Budget
is not correct. Those items with costs between $25,000 and
$100,000 include:
SO
* Pineapple Grove Way improvements $ ~,OOO
-- this was an original Utility Tax Bond project
* Fire Station #5 $ 80,000
-- this expenditure is for an element of a previously
identified project which is included in the Decade of
Excellence Bond; Accelerating the project is consistent with
Public Facilities Policy 0-1.3 and CIE Policy A-3.2.
* Boy Scout Hut $ 50,000
-- for site improvements and landscaping
* Gulfstream Blvd. improvements. The $45,000 shown in the
proposed budget is incorrect. The final City participation
is less than $25,000 and, as such, does not require a
compliance determination. However, the budget document does
need to be corrected.
* City Attorney's Office $ 50,000
-- improvements to this building is an identified need.
~ ~v...~ \~ <W $\OO~ _ 2' _~~ ~ A-=..2...
~ Tot..",,,\ c.~ h~~~ t) ~'O})Q' - ~~\~?
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM
(items greater than $100,000)
1987 utility Tax Bond & 1989 (Short-term) Note
In August, 1991, the City Commission reprogrammed unspent funds
in order to diminish arbritrage. Those items which exceeded
$100,000 need to be added to the 5-Year CIP Schedule. These can
be added via Amendment 91-1. They are:
* Miller Park Improvements $ 246,741
-- added costs to previously identified project
* Currie Commons Park Improvements $ 181,500
-- added costs to previously identified project
* Veteran's Park Improvements $ 21"4,000
-- added costs to previously identified project
* Additional allocation to the above parks $ 24,259
* Cemetery Entrance Road $ 127,000
-- the expenditure is consistent with Public Facilities
Element Objective 0-2. Subsequent year expenditures
are to come from the Cemetery Fund. On-site
improvements should be shown in the 5-Year schedule at
$100,000 per year for two years.
Decade of Excellence Bond
* The 5-Year Schedule of Capital Improvements needs to be
amended to reflect those projects which have slipped one
year i. e . the two schedules (Budget & 5-Year CIP) need to be
consistent.
* Swinton Beautification: $ 50,000 should be identified for
91/92 with the balance in 92/93.
* The Lowson Drainage Project is nearly complete and should be
deleted from the Budget (and the 5-Year Schedule).
* Fire Station #5 should have all construction funding in FY
92/93; thus, reflecting current program priorities.
Acceleration of. the project is consistent with Public
Facilities Element Policy 0-1.3.
* Fire Station Headquarters funding should all be shown in FY
91/92 as it is shown current 5-Year Schedule.
* Neighborhood Improvements needs to be identified as Old
School Square Redevelopment Area Fund.
* S.W.10th Street widening: funding needs to reflect current
5-Year Schedule.
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Parks (In-lieu) Fund
* The budget needs to include the Southwest Park project
* The budget needs to include the Interpretive Trail project
* The budget needs to include the annual allocation for new
facilities in existing parks
* The budget needs to show a certified projection of available
revenue for FY 91/92 (carry-over and projected revenue)
Storm Water Fund
* The budget needs to show a certified projection of available
revenue for FY 91/92 (carry-over and projected revenue)
* The funding allocation for the Northwest Project is
insufficient. An additional $243,702 is to be shown for FY
2/93. Basis is previous schedule and revised project costs
from Environmental Services.
* The Germantown, North Federal Highway, and Lake Ida
Neighborhoods drainage projects need to be shown in FY 91/92
as they have slipped one year. Also, revised cost projects
need to be reflected in the budget and the 5-Year Schedule.
Water and Sewer - Renewal and Replacement Fund
* The source and certified projections for revenue for FY
91/92 should be shown.
* Future year projections should be shown in the budget
document.
* Well Rehabilitation / Replacement Program has shifted to
this funding source instead of the 1991 Revenue Bond. Need
to reflect in the 5-Year Schedule.
* Lake Ida Line Relocation, Congress to Swinton: the
construction money is not shown. It is to be shown for FY
92/93.
* Lake Ida Line Relocation - Congress to Military Trail is not
shown. It is shown in the 5-Year CIP @ $225,000 for FY
91/92. The year needs to be changed to FY 92/93 to coincide
with scheduled street construction.
* The 5-Year Schedule needs to reflect the existence of this
fund along with the Operating Capital Fund (which is already
in the Schedule).
,
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Water and Sewer 1991 Revenue Bond
* The Enclave water/sewer construction program shows all funds
being spent in FY 91/92. This amount is to be spread out
over several years, per project. The priority in the
current 5-Year Schedule should be used with one year
slippage for each project.
* The S.E. water transmission main project is completed and
should be removed from the budget document.
* The East Atlantic Subaqueous Crossing Project is essentially
completed and should be removed from the budget document.
Water and Sewer 1984 Revenue Bond:
Apparently, this Fund was not included. It is funding several
programs which need to be listed. The,5-Year Schedule needs to
include projects which have slipped one year.
Other Water and Sewer Projects: These projects are not
accounted for in the proposed Capital Budget document.
* North Storage Tank $ 900,000 FY 91/92
* Beach Repumping Station
* Western Wellfield Project
General Fund Operating/Construction Fund:
* The "General Street, Road, Alley Improvements" is an
incorrectly stated item. It is duplicative of "Intersection
and Alley Improvements".
* Intersection and Alley Improvements: funding was deleted in
the last budget cut. Thus, FY 91/92 should show "0".
PROGRAMS AND ACTIVITIES
There are no personnel cuts in the proposed FY 91/92 Budget.
There are frozen positions; however, they do not affect
Departments which are responsible for implementation of programs
9r activities listed in Part V of the Comprehensive Plan. There
were no specific activities, required by the Plan, which were
specifically excluded from funding in the budget. A further
assessment of progress on designated programs and activities will
commence in November and will be a focus of Plan Amendment 92-1,
pursuant to Part V.B. of the Comprehensive Plan.
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OTHERS ITEMS OF INTEREST
C.LE. Policy A-2.2 which required establishment of a "Drainage
Facility Fee" has been fulfilled.
Repayment of Debt Service in the 1989 Short-Term Note in the
amount of $ 1,661,616 is consistent with CIE Policy A-3.8.
The Comprehensive Plan needs to state that the Tennis Facility
project currently does not have a funding source due to repayment
of short-term loan. Also, the potential for funding the
facility needs to be included in the Plan document.
DJK/#85/PLNCOMP.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~fITY MANAGER
SUBJECT: AGENDA ITEM #I()l).~ MEETING QF OCTOBER 8, 1991
RESOLUTION NO. 80-91
DATE: October 4, 1991
This is a resolution levying a tax on all properties within the
Downtown Development Authority Taxing District.
Recommend approval of Resolution No. 80-91.
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----------- -------- -~----
---~- -- ---- --_._~----- ---
RESOLUTION NO, 80-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That there shall be and hereby is appropriated for
the General Fund operations of the City revenue derived from the tax of
$1.0000 per one thousand ($1,000) dollars of assessed valuation which is
hereby levied on all taxable property within the Downtown Development
Authority Taxing District of the City of Delray Be~ch for the fiscal
year commencing October 1, 1991, and terminating September 30, 1992, the
assessed valuation on all taxable property for operating purposes within
the Downtown Development Authority Taxing District of the City of De1ray
Beach being $29,243,411 for operating and for maintenance expenses of
the General Fund, and also in addition, all revenues derived by said
City during said fiscal year from all other sources other than the tax
levy for current bond service and that part of collection of delinquent
taxes levied for bond service, The operating millage rate of $1,0000
per one thousand ($1,000) dollars does not exceed roll back of $1.0260
per one thousand ($1,000) \1~.1
Section 2, That the above millage rates are adopted pursuant
to Florida Statutes Section 200,065(2) (e) (2), and subject to adjustment
in accordance with Section 200,065(5) of the Florida Statutes which
provides that each affected taxing authority may adjust its adopted
millage rate if the taxable value within the jurisdiction of the taxing
authority as certified pursuant to Section 200,065(1) is at variance by
more than three ( 3) percent with the taxable value shown on the roll to
be extended,
Section 3, That a Public Hearing was held on the proposed
Budget on September 10, 1991, September 24, 1991 and October 8, 1991.
PASSED AND ADOPTED in regular session on this the 8th day of
October, 1991,
MAY 0 R
ATTEST:
City Clerk
.
"1'1'
~ '~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fJ!JCITY MANAGER
SUBJECT: AGENDA ITEM (J J 0 e. - MEETING OF OCTOBER 8. 1991
ORDINANCE NO, 69-91
DATE: October 4, 1991
This is a second reading of an ordinance rezoning property located on
the east side of of 1-95 between Audubon Boulevard, if extended west
and the C-15 Canal, known as the 1-95 Conservation Parsel from RR
(Rural Residential) zone district to OS (Open Space) zone district.
This action is in conjunction with adoption of Comprehensive Plan
Amendment 91-1.
The Planning and Zoning Board formally reviewed this item at its public
hearing in April 1991, and recommended approval.
Recommend approval of Ordinance No. 69-91 on second and final reading.
p~ tf-o
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. .
ORDINANCE NO, 69-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RR (RURAL RESIDENTIAL) DISTRICT IN OS
(OPEN SPACE) DISTRICT; SAID LAND LYING ALONG THE EAST
SIDE OF INTERSTATE 95 BETWEEN AUDUBON BOULEVARD AND
THE C-15 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN;
AND AMENDING "ZONING DISTRICT MAP, DEL RAY BEAC H,
FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the following descriped property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of,the Land Development
Regulations of Delray Beach, Florida, to-wit:
The South 3/4 of the Southeast One-Quarter (S,E, 1/4)
lying East of the Seaboard Airline Railroad
Right-of-Way (Less 1-95 Right-of-Way and the South 120
feet) lying in Section 30, Township 46 South, Range 43
East, Palm Beach County, Florida,
The above described parcel contains an 8,76 acre
parcel of land, more or less,
Section 2, That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 4, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 5, That this ordinance shall become effective imme-
diately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
. Second Reading
ill 'I.
'.r
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:~I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~VID HARDEN, CITY MANAGER
'Ys
I \ , . D' '(:i'" ~
G.. L ' '
FROM: ~D j. K~A S, DIREtTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
REZONINGS ASSOCIATED WITH COMPREHENSIVE PLAN 91-1
ACTION REQUESTED OF THE CO~WIISSION:
The action requested of the City Commission is that of
approval of three ordinances which enact specific l"ezonings
which are associated with changes to the Future Land Use Map
,vhich are being approved as a part of Comprehensive Plan
Amendment 91-1.
BACKGROUND:
The associated rezoning actions are:
l. Parcel along I-95 (Palm Beach County) from RR to OS (City
Initiated) .
2. Gwynn property, north of George Bush Boulevard, fl'om RM to
RO.
3 . Delray Town Center, Phase II, from PC-S to PC and OS.
Each of these rezoning actions requires a separate ordinance.
Formal public hearings with neighborhood notice were conducted by
the Planning and Zoning Board in ;"pril concurrently '.'Ii th
consideration of the associated Future Land Use Map Amendments.
For each City initiated rezoning, the affected property owner
must receive special notice 30 days prior to the public hearing
which is held concurrent with second reading. That hearing date
. has been set for October 8th and notices have been provided. For
those rezonings which were initiated by the property owner, the
special 30 day notice is not required.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these items at
its pUblic hearing in April. At that time, they recommended
denial of the Gwynn request and approval of the others.
Subsequently, the City Commission proceeded vIi th the Gwynn land
use map amendment (Residential to Transitional); tnus,
accorrmodating this rezoning action.
..,10
. ,
City Commission Documentation
Rezonings Associated with Comprehensive Plan 91-1
Page 2
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading.
DJK/#85/CCRZPLAN.TXT
~ ,Ii
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM if 10 F - MEETING OF OCTOBER 8, 1991
ORDINANCE NO. 70-91
DATE: October 4, 1991
This is a second reading of an ordinance rezoning property located on
the east side of N.E. 8th Avenue approximately 150 feet north of N,E.
8th Street, known as the Gwynn property, from RM (Medium Density
Residential) zone district to RO (Residential Office) zone district,
This action is in conjunction with adoption of Comprehensive Plan
Amendment 91-1.
The Planning and Zoning Board formally reviewed this item at its public
hearing in April 1991, and recommended denial. Subsequently, the
Commission proceeded with the Gwynn land use map amendment (Residential
to Transitional); thus, accommodating this rezoning action.
Recommend approval of Ordinance No. 70-91 on second and final reading.
f~ J1~O
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ORDINANCE NO, 70-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN RO (RESIDENTIAL OFFICE) DISTRICT: SAID
LAND BEING THE SOUTH 1/2 OF LOT 4 AND ALL OF LOT 3,
BLOCK 4, SOPHIA FREY SUBDIVISION, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 37, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING
A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the RO
(Residential Office) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
The South 1/2 of Lot 4 and All of Lot 3, Block 4,
Sophia Frey Subdivision, according to the Plat thereof
as recorded in Plat Book 4, Page 37 of the Public
Records of Palm Beach County, Florida.
The above described parcel contains an 0,28 acre
parcel of land, more or less,
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof,
Section 3, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
. .
. Second Reading
I
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'4(
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:~f
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (DAVID HARDEN, C1ITY MANAGER
I '; \ Ys1
C' .()L'Vj" ,~
FROM: ~D '- j .' K~A S', DIREtTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
REZONINGS ASSOCIATED WITH COMPREHENSIVE PLAN 91-1
ACTION REQUESTED OF THE CO~ll1ISSION:
The action requested of the City Commission is that of
approval of three ordinances which enact specific ~ezonings
which are associated with changes to the Future Land Use Map
\"hich are being approved as a part of Comprehensive Plan
Amendment 91-1.
BACKGROUND:
The associated rezoning actions are:
1. Parcel along I-95 (Palm Beach County) from RR to os (City
Initiated) .
2. Gwynn property, north of George Bush Boulevard, from RM to
RO.
3. Delray Town Center, Phase II, from PC-S to PC and os.
Each of these rezoning actions requires a separate ordinance.
Formal pUblic hearings with neighborhood notice were conducted by
the Planning and Zoning Board in ~pril concurrently with
consideration of the associated Future Land Use Map Amendments.
For each City initiated rezoning, the affected property owner
must receive special notice 30 days prior to the public hearing
which is held concurrent with second reading. That hearing date
has been set for October 8th and notices have been provided. For
those rezonings which were initiated by the property owner, the
special 30 day notice is not required.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these items at
its pUblic hearing in April. At that time, they recommended
denial of the Gwynn request and approval of the others.
Subsequently, the City Commission proceeded VTith the Gwynn land
use map amendment (Residential to Transitional); tnU5.
accorr~odating this rezoning action.
'111.
, .
City Commission Documentation
Rezonings Associated with Comprehensive Plan 91-1
Page 2
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading.
DJK/#85/CCRZPLAN.TXT
'""
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ID CT - MEETING OF OCTOBER 8, 1991
ORDINANCE NO. 71-91
DATE: October 4, 1991
This is a second reading of an ordinance rezoning property located on
the north side of Linton Boulevard, approximately 630 feet east of
Military Trail , between the Shadywood subdivision and Delray Town
Center Phase I from PC-S (Planned Commercial Specialized) zone district
to PC (Planned Commercial) zone district in part and OS (Open Space)
zone district in part, This action is in conjunction with adoption of
Comprehensive Plan Amendment 91-1.
The Planning and Zoning Board formally reviewed this item at its public
hearing in April 1991, and recommended approval.
Recommend approval of Ordinance No. 71-ql on second and final reading.
~~ 4/0
~ ,"
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ORDINANCE NO, 71-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC-S (PLANNED COMMERCIAL SPECIALIZED)
DISTRICT IN PC (PLANNED COMMERCIAL) DISTRICT, IN PART,
AND OS (OPEN SPACE) DISTRICT, IN PART; SAID LAND BEING
ALL OF PARCEL 2, ACCORDING TO THE PLAT OF DELRAY TOWN
CENTER, AS RECORDED IN PLAT BOOK 65, PAGES 189 AND
190, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY
BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the PC
(Planned Commercial) District, in part, and OS (Open Space) District, in
part, as defined in Chapter Four of the Land Development Regulations of
Delray Beach, Florida, to-wit:
All of Parcel 2, according to the Plat of Delray Town
Center as recorded in Plat Book 65, Pages 189 and 190
of the Public Records of Palm Beach County, Florida,
The above described parcel contains a 9,676 acre
parcel of land, more or less,
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 4, That should any section or prov~s~on of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
.
. Second Reading
~ ,"
_.4"
:~~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VI"D HARDEN, CITY MANAGER
\ \ \.. \ )
k jc " ,\ r'\DL~ ~ .'~
FROM: ~~j, K~~S, DIRE~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
REZONINGS ASSOCIATED WITH COMPREHENSIVE PLAN 91-1
ACTION REQUESTED OF THE CO~~ISSION:
The action requested of the City Commission is that of
approval of three ordinances which enact specific ~ezonings
which are associated with changes to che Future Land Use Map
\-Jhich are being approved as a part of Comprehensive Plan
Amendment 91-1.
BACKGROUND:
The associated rezoning actions are:
1. Parcel along I - 9 5 (Palm Beach Councy) from RR to OS (City
Initiated) .
2. Gwynn property, north of George Bush Boulevard, from RM to
RO.
3. Delray Town Center, Phase II, from PC-S to PC and OS.
Each of these rezoning actions requires a separate ordinance.
Formal pUblic hearings with neighborhood notice were conducced by
the Planning and Zoning Board in ~pril concurrently with
consideration of the associated Future Land Use Map Amendments.
For each City initiated rezoning, the affected property owner
must ~eceive special notice 30 days prior to the public hearing
which lS held concurrent with second ~eading. That nearing date
has been set for October 8th and notices have been provided. For
those rezonings \vhich were initiated by the property owner, the
special 30 day notice is not required.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these items at
its public hearing in April. At that time, they recommended
denial of the Gwynn request and approval of che others.
Subsequently I the City Commission proceeded vii th the Gwynn land
use map amendment (Residential to Transitional); thus.
accoIT~odating this rezoning action.
~ ,I'
~ .
City Commission Documentation
Rezonings Associated with Comprehensive Plan 91-1
Page 2
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading.
DJK/#85/CCRZPLAN.TXT
~ III
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: f!JJY C ITY MANAGER
SUBJECT: AGENDA ITEM # t~- MEETING OF OCTOBER 8, 1991
ORDINANCE NO. 54-91
DATE: October 4, 1991
This is a first reading of an ordinance amending the Land Development
Regulations to provide for a definition for the term "market", to
provide rules and regulations governing markets within the City, and
to allow markets as a conditional use in the GC (General Commercial),
PC (Planned Commercial) , and CBD (Central Business District) zone
districts.
This item has been before the Commission previously. On September
10th, the Commission, upon receipt of the Planning and Zoning Board
recommendations, directed that the proposed ordinance be revised.
Subsequently, those revisions have been completed and this item is
before your for action on first reading.
The Planning and Zoning Board at their special meeting will formally
review this ordinance at their October 21st meeting. A detailed staff
report is attached as backup for this item.
Recommend approval of Ordinance No. 54-91 on first reading.
KemAn.o +0 P4- :L ~oe.. Re.uieu)
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,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: n~ T. HARDEN, CITY MANAGER
~L~'~ ,-~~',x,cL
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
ORDINANCE 54-91, "MARKETS"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinance 54-91- This
ordinance deals with the subject of control of certain types
and scale of markets.
The regulations would affect "markets" within the GC, PC,
and CBD zone districts.
BACKGROUND:
This item has been before the City Commission previously. On
September 10th, the City Commission -- upon receipt of the
Planning and Zoning Board recommendation -- directed the
Administration to revise the ordinance pursuant to the Board's
recommendation along with other directives.
A revised ordinance is now ready for first reading. Salient
changes include:
1- changes to the definition so that markets are limited to
situations in which access to the vendors is via a common
area as opposed to individual business establishments which
have direct access to the street system or as in shopping
centers.
2. the application of the ordinance is only for situations
where the operation involves more than 10,000 sq. ft. of
retail space (and which otherwise qualifies as a market).
3. the establishment of an average tenant space of 300 sq. ft.
This accommodates small vendors and the "minimum" space of
120 sq. ft. and also accommodates a variety of vendor types
based upon size of operation. Please see the attached
material regarding the rationale used in deriving the
average.
~ III
City Commission Documentation
Ordinance 54-91, "Markets"
Page 2
4. The architectural review of interiors is included at the
Commission's direction; however, the Commission did indicate
that the item may be deleted.
5. exceptions for certain types of markets have not been
included at this time. If such exception become warranted,
an amendment can be considered. However, the 10,000 sq. ft.
exemption and tenant space averaging techniques may negate
the need for special exceptions.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the initial
proposal at a special meeting on September 5th. They recommended
significant changes be made. The current proposal addresses
their concerns. The Board will formally review the current draft
at its regular meeting of October 21st -- prior to second
reading.
RECOMMENDED ACTION:
By motion, approval of Ordinance 54-91 on first reading.
Attachment:
* Discussion sheet re averaging
DJK/#86/CCMKT.TXT
.
TflE FOLLOWING EXPRESSES THE RATIONALE USED IN THE ESTABLISHMENT
OF' THE "AVERAGE TENANT SPACE" REQUIREMENT FOR "MARKETS" AS
SETFORTH IN ORDINANCE 54-91 (DRAFT OF 10/5/91)
In dealing with the issue of tenant space requirements, the
approach of establishing an absolute minimum presented two
significant problems. If it were established at a number (e.g.
600 sq.ft.) it would preclude smaller vendors; if at a number
(e.g.120 sq.ft.) which while presenting the normal minimum tenant
space it did not address the concern regarding impacts of
intensification of use and quality of development.
Putting together the following parameters and desires:
a) accommodating the "industry's" typical minimum of 120
sq. ft . ;
b) a desire to mitigate against the impacts which would be
created if only the minimum were accommodated;
c) a desire to encourage a tenant mix both in terms of
product, diversity, and scale while not specifically
regulating the wares; and,
d) to have an easily understood system which could be
handily administered.
And, examining actual submittals (from Building Department files)
and creating various mix scenarios, the average of 400 sq. ft. per
tenant was established. The average tenant space (gross) also
includes area devoted to common areas and walkways but excludes
bathrooms, storage area, and office area. The system works as
follows:
Item or Step Example
Determine the gross tenant space. 10,000 sq. ft.
Divide by 400 sq.ft./tenant 25 tenants
Round to the next full number 25 tenants
The 25 tenants may be mixed in any number of ways from each
tenant having 400 sq. ft. (gross) or having a major tenant with
5,000 sq. ft. and 24 tenants having approximately 208 sq. ft. each.
A typical tenant mix in a 10,000 sq. ft. facility may be:
50% or 12 @ 200 sq. ft. = 2,400 sq. ft.
20% or 5 @ 400 sq. ft. = 2,000 sq.ft
10% or 3 @ 800 sq. ft. = 1,800 sq. ft.
20% or 5 @ 760 sq. ft. = 3,800 sq. ft.
25 tenants 10,000 sq. ft.
.'"
Note:
The gross tenant area does not equal booth size. By examining
existing building plans it appears that 40% of the floor area is
in common area and walkways; thus, the relationship between
tenant area (for purposes of the code) and the booth size is as
follows:
Gross Tenant Space Booth Size
200 sq. ft. = 120 sq. ft.
400 sq. ft. = 240 sq. ft.
800 sq. ft. = 360 sq. ft.
EXAMPLE @ 600 sq. ft. Average
50% or 8 @ 200 sq. ft. = 1,600 sq. ft.
20% or 4 @ 400 sq. ft. = 1,600 sq.ft
10% or 2 @ 800 sq. ft. = 1,600 sq. ft.
20% or 3 @ 1,733 sq. ft. = 5,200 sq. ft.
17 tenants 10,000 sq. ft.
1,1733 gross tenant area = 1,955 sq. ft. booth size
DJK/#85/AVERAGE.TXT
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CITY ATTORNEY'S OFFICE TEL No. 40? ~?8 J755 Oct OJ.~l ::- : ::- -, ,~,...,
"
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:
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-.. .._. .-... ._-....... ." ,~ - .' .-
ORDINANCE: NO, 54-91
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX A,
I "DEFINITION", SECTION 4.3,3, "SPECIAL REQUIREMENTS
I FOR ~PJ::CIFIC USES" , SECTION 4.4.9, "GENERAL,
COMMERCIAL (GC) DISTRICT", SECTION 4.4,13, "CENTRAL
BUSINESS DISTRICT", OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDINANCES Of' THE CITY OF
OELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR
THE TERM "MARKET" AND BY PROVIDING RULES AND REGULA-
TIONS GOVERNING MARKETS WITHIN THE CITY Of DELRAY
St;A(;ti, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDI-
TIoNAL USE IN THE GENERAL COMMERCIAL, PLANNED
COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS;
PROVIDING A SAVING CLAUS!; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the C1ty Commission of the City of Delray Beach has
become concerned wi th the proliferation of markets, ba~aars, and flea
I ~ market type of retailing, and
: ,
WHEREAS, the City Commission ot the City ot Delray Beach has
determined that the market, bazaar, and flea market type of retai ling
may have a detrimental effect on property values and the quality of life
for the citizens ot Delray Beach unless properly requlated, and
I
WHEREAS, it is the desire of the City C9mmission ot the City
of Delray Beach to establish controls over the development of any
markets, bazaars, and flea markets within its city limits,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sect10n 1. That Append1x A, "DeUni tiona" , of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as tollows:
Market: A buildi n or outdoor 8 ace also known as a bazaar Uea
mar et, or by another name, where items are bought from independent
merchants, ~~ndependent merchant within the market operates at
a separate and distinct location, with each location havinq access
via a common walkway, cou,rtyard, path, foyer, or common area.
Items sold include, but are not limited to, household iti:!ms,
antiques, rare items, decorations, electronics, tood, clothing, and
other miscellaneous items,
Section 2, That ChaptGr 4, "Zoning Regulat1ons", Art1cle -t.3,
"District Regulations, General Provisions" , section 4,3.3, "Spe:::ial
Requirements for speCific uses", of the Land Development Re9ulatlor.~ or
the code oford1nances of the City of De1ray BeaCh, Flor.l.da, be, and the
same is hereby amended to read as tollows:
(AA) Markets:
.ill DescriPtion and ApPl1cabilit'(: The 6pecial requlati2.!!!
of this subsection apply to retail and direct discount sales ~hich
are carried out in a market, The type of market which is subject
to the regulations ot this subsection includes:
( a) A retai 1 location which has a gross floor area 1n
excoss of 10,000 square teet~
ill special Regulation Consideration~:
. I
I
.',
CITY ATTORNEY'S OFFICE TEL l\Jo. Lie? ~7:3 J?55 1:lct ') t.l . ~ ~ ~:' ; .:. t' " . ......
::., .--:=. -,::..=' .- .. .- _.~'_ .d ~
-- .-
(a) Traffic: ~he time the
e: An exce tion to
(e) Siqnage: Onlv exterior
name of the "market" is ermitted.
indivi ual business stqn8 are not
siQnaQe i8 also prohibited,
{ f) Public Information DisplaYII: Displays of public
information and communit service s ha 11 not be Bub act to
these special requ at on considerations. I
The interior of the market
or business
I
i section 3. That Chapter 4, "Zoninlj) Regulationll", Article 4.4,
.1
I "Base zoning District", Section 4.4.9, "General Commercial (GC)
i District", subllection 4,4,9(0), "cond1tional Uses in Structures
I Allowed" , of the Land Development Regulations of the Code of Ordinances
I of the City of Delray Beach, Florida, be, and the Bame is hereby amended
1 to read a8 followSI
I
(8 ) Piea Markets pursuant to Section 4,3.3(AA)
Section 4. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4,13, "Central Business Districj;,",
subsection 4,4.13(0), "Conditional Us.. in Structures Allowed" , of ,
Land Development Regulations of the code of Ordinances of the Cir;.. l
2 ORO. NO, 54-91
.
I'
'I
CITY ATTORNEY'S OFFIC~ ''::L NO, ~(,I? 2("c:: /";'1 :)~ -,C ': .~..:'- - ' ' -
. .'-
,
-, - .~ ..-- -._-_.- .-- .,-..- .-. ---. ----
. --. , -. ,- ,-- _'n
Oelray Beach, Florida, be, and the same is hereby amended to I.-ed j as
follows:
pSI Markets pursuant to Section 4.3,3(AAI
Section 5. That should any section or provision of thia
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction, to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed,
~ I Section 7, That this ordinance shall become effective within
ten (10) days of it. passage on second and tinal readin9.
I
PASSED AND ADOPTED in regular session on second and final i
reading on thiS day ot 1991. I
,
I
MAY 0 R
" ATTEST:
City Clerk
First Reading
Second Reading /
i
. I 3 ORO. NO. 54-91
!I
"'I'
.
.
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # / (J B - MEETING OF OCTOBER 8. 1991
ORDINANCE NO. 72-91
DATE: October 4, 1991
This is a first reading of an ordinance amending the Five Year Schedule
of Capital Improvements, Table IV-3 of the Comprehensive Plan.
Attached as backup material for this item are the current and proposed
Five Year Capital Improvement Schedules of the Comprehensive Plan.
Background on many of the changes can be found in the Director's Report
with regard to compliance of the proposed budget with the Comprehensive
Plan, which is elsewhere on your agenda for Rction.
This item was reviewed and discussed at your October 1st workshop
meeting. The Planning and Zoning Board will formally review this item
at their October 21st meeting. Planning and Zoning Board comments will
be forwarded to the Commission prior to second reading and public
hearing schedule for October 29th.
Recommend approval of Ordinance No. 72-91 on first reading,
t~ /sr~ tj-O
.'"
.
ORDINANCE NO. 72-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TABLE IY-3 OF THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR
CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN
$100,000; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE,
WHEREAS, F.S, 163.3187(2) provides that corrections, updates,
or modifications of current costs which were set out as part of the
Comprehensive Plan shall not, for the purposes of this act, be deemed to
be amendments (to a comprehensive plan); and,
WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive
Plan provides the Five year Capital Improvements Schedule for Projects
Greater than $100,000; and,
WHEREAS, during preparation of the Annual Budget for Fiscal
Year 91/92, the City was provided with current information regarding
costs and progress on capital improvement projects which were and are a
part of the City's Comprehensive Plan; and,
WHEREAS, upon review of the proposed Annual Budget by the
Planning and Zoning Board, acting as the Local Planning Agency, said
Board determined that changes should be made to the Five Year Capital
Improvement Schedule to reflect current information; and,
WHEREAS, Part Y of the City's Comprehensive Plan provides that
such changes shall be accomplished by an ordinance and that such
modifications shall normally be considered concurrent with the annual
budget process with the enacting ordinance heard and acted upon
concurrently with the adoption of the budget; and,
WHEREAS, the Annual Budget for FY 91/92 is currently before
the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, AS FOLLOWS:
Section 1, That Table IV-3, Five Year Capital Improvements
Schedule for Projects Greater than $100,000, is amended by replacement,
in its entirety by Exhibit "A", attached hereto,
Section 2, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a whole
~.
----- -----~--- - ----. ._----_. ,
..
-. .
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th. day of October, 1991
MAY 0 R
ATTEST:
city Clerk
First Reading: September 24, 1991
Second Reading: October 8, 1991
- 2 -
~'
-.--.- - - --._---- - --- ------------ ----- ~-~-~---_._-------- ----- r-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
, I \ \ /
I "
::; ""~' _ _ '" /~~---.J,-;;_.._i
FROM: DAVID J~~ KOv'ACS, DIREcToR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991 *** REVISED FOR THIS MEETING **
ORDINANCE AMENDING TABLE IV-3 OF THE COMPREHENSIVE PLAN
(FIVE YEAR CAPITAL IMPROVEMENT SCHEDULE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance which amends that
portion of the Comprehensive Plan which contains the 5-Year
Capital Improvement Schedule.
F.S. 163.3187(2) provides, in part, that corrections,
updates, or modifications of current costs which were set
out as part of the Comprehensive Plan shall not, for the
purposes of this act, be deemed to be amendments.
Part V.B.4.b. of our Comprehensive Plan requires that such
changes be done by an ordinance.
BACKGROUND:
In reviewing the proposed Budget for FY 91/92, progress made on
various Gapital Improvement projects, and implications of our efforts
to "clean-up" outstanding bond obligations it became apparent that
some changes also need to be made to the 5-Year Capital Improvement
Schedule as contained in Part IV of the Comprehensive Plan. It is
appropriate that the Schedule and the Capital Improvement portion of
the Budget coincide.
Attached you will find both the current and the proposed Five
Year Capital Improvement Schedules i.e. Table IV-3 of the
Comprehensive Plan. Background on many of the changes is found
in the Director's Report re compliance of the proposed Budget
with the Comprehensive Plan. Other background has been reviewed
by the City Commission concurrent with activities such as
reallocation of the 1987 Utility Tax Bond and work on the 1991
Water/Sewer Revenue Bond Program.
~ ,"
city Commission Documentation
Ordiance Amending Table IV-3 of the Comprehensive Plan
(Five Year Capital Improvement Schedule)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has reviewed the 5-Year Schedule during
a work session held on September 26th. They will formally address
the need to amend the Five Year Capital Improvement Schedule at their
meeting of October 21st.
RECOMMENDED ACTION:
By motion, approval of this ordinance on first reading. Note: second
reading will be held following formal Planningand Zoning Board
review.
Attachment:
* Current and Proposed 5-Year Capital Improvement Schedules
DJK/lh
DJK/#85/CCCIP
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