05-09-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
May 9, 1989
7 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Proclamations:
A. Peace Officers Memorial Day - Monday, May 15, 1989.
PUBLIC HEARINGS
6. ORDINANCE NO. 30-89: An Ordinance rezoning the property owned by
Minto Builders, located at the southwest corner of Linton Boulevard
between Congress Avenue and the E-4 Canal, from P.O.C. to RM-10.
City Manager and Planning and Zoning Board recommend approval.
7. ORDINANCE NO. 31-89: An Ordinance rezoning property owned by
Carole L. Burns, located on the southwest corner of S.W. 10th Street
and Miami Boulevard, between Miami Boulevard and Park Avenue in the
Silver Terrace Subdivision, from RH to RO. City Manager and Planning
and Zoning Board recommend approval.
8. ORDINANCE NO. 32-89: An Ordinance amending the Zoning Text to
include the definition of "Department Store" and to change the L.C.
(Limited Commercial) Zone District to limit allowable department
stores in the L.C. District to less than 20,000 square feet. City
Manager and Planning and Zoning Board recommend approval.
9. ORDINANCE NO. 33-89: An Ordinance allowing for the placement of
signs in a breezeway or at the entrance of a breezeway. City Manager
and City Attorney recommend approval.
10. OLD SCHOOL SQUARE STREET AUCTION: Conduct Public Hearing and
approve the addition of S.E. 2nd Avenue from Atlantic Avenue south
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Agenda
Meeting of 5/9/89
-2-
12. ORDINANCE NO. 34-89: An Ordinance, pursuant to the Commission's
. November 15, 1988 workshop, authorizing the Planning and Zoning Board
to grant variances associated with the Congress Avenue widening
project. City Manager and Planning and Zoning Board recommend
approval.
REGULAR AGENDA
13. APPOINTMENT OF A MEMBER TO THE HUMAN RELATIONS COMMITTEE:
Mayor's appointment to a term ending March 15, 1991.
14. APPOINTMENT OF TWO MEMBERS TO THE HUMAN RELATIONS COMMITTEE:
Appointment of two members of the Nacirema Club to the Human Relations
Committee to terms ending March 15, 1991.
15. APPOINTMENT OF A MEMBER TO THE PLANNING AND ZONING BOARD:
Appoint a member to fill the unexpired term of Phyllis Plume ending
September 28, 1989.
16. APPOINTMENT OF A MEMBER TO THE PLANNING AND ZONING BOARD:
Appoint a member to fill the unexpired term of James L. Shuler ending
September 28, 1990.
17. WAIVER OF CONDITIONS FOR PRELIMINARY PLAT APPROVAL - ANDOVER
SECTION III: Consider request for waiver of conditions for
preliminary plat approval for Andover Section III. City Manager and
Planning and Zoning Board recommend approval.
18. RESOLUTION NO. 14-89: A Resolution calling for the Chief Judge
of the 15th Judicial Circuit to hold jury trials at the new South Palm
Beach County Courthouse presently under construction; City Manager
and City Attorney recommend approval.
19. GOLF COURSE RFP: A discussion about the composition of the
review committee to screen proposals received to provide golf course
management services.
20. ENCLAVE 50 ANNEXATION: Commission initiation of procedures to
annex Enclave 50 and consideration of the development schedule for
property(s) in that Enclave.
CONSENT AGENDA
21. AMENDMENT NO. 1 - CITY HALL CONTRACT: This amendment decreases
the scope of work for the City Hall expansion project and identifies a
funding source in lieu of letter of credit closing. City Manager and
Attorney recommends approval.
22. INTERLOCAL AGREEMENT RECYCLING GRANT APPLICATION: Request
from Solid Waste Authority to participate in a joint application for
recycling grant money from the Florida Department of Environmental
Regulation. City Manager recommends approval.
23. APPROVAL OF AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD: Approve an agreement with the School Board to provide
school buses and drivers for the Summer Day Camp programs. City
Manager and City Attorney recommend approval.
-
Agenda
Meeting of 5/9/89
-3-
an encroachment within a drainage easement in Pelican Harbor. City
Manager and City Attorney recommend approval.
26. SATISFACTION OF NUISANCE ABATEMENT LIEN: Consider offer of a
payment in the amount of $500 to satisfy lien on property located at
216 S.W. 13th Avenue. City Manager and City Attorney recommend
approval.
27. REQUEST FOR LANDSCAPE VARIANCE - CROMWELL RESTAURANT: Consider
request to modify and amend the landscaping plan for Cromwell
Restaurant to omit landscape islands in the parking area. City
Manager recommends approval.
28. REQUEST FOR ADMINISTRATIVE RELIEF: Consider a request for
administrative relief for use of compact car spaces at Pelican Harbor.
City Manager and Technical Advisory Committee recommend approval.
29. FINAL PLAT- EXXON STATION: Approve final plat for Exxon Station
at Atlantic and Congress Avenues. City Manager and Planning and
Zoning Board recomlllend approval.
30. AWARD OF BIDS AND CONTRACTS:
A. Award Contract- Administration Services and Inspection-
Water Treatment Plant Improvements -Project shop drawing review
and general construction administration services- Post, Buckley,
Schuh and Jernigan, in the amount of $135,000 with funding from
the 1984 Water and Sewer Bond Fund (Account No.
441-5162-536-60.41).
B. Award Contract- Engineering Services- Water Treatment Plant
Expansion - Post, Buckley, Schuh and Jernigan in the amount of
$85,420 with funding from the 1984 Water and Sewer Bond Fund
(Account No. 441-5162-536-60.41).
C. Award Contract- Phase II, Data analysis in conjunction with
preparation of Storm Water Utility Program - Gee and Jenson in
the amount of $17,500 with funding from Storm Water Utility Study
(Account No. 334-3161-541-60.59).
D. Award Bid - Trailer Office Space Rental for Planning
Department temporary location- Gelco Space in the amount of
$19,669 with funding from Planning Budget (Account No.
001-2511-515-60.81).
31. Comments and Inquiries on Non-Agenda Items:
A. Comlllission
B. City Attorney
C. City Manager
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
May 9, 1989
7 P.M. AMENDMENT Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ennvre 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.
THE CONSENT AGENDA IS AMENDED AS FOLLOWS:
The consent agenda js amended to include:
29A. Final Payment- Solo Construction Company. Approve final payment
to Solo Construction Company for construction of Interim Golf Course
Well Field Production Wells 7W - 14W, Part B- Raw Water Main in the
amount of $88,034.19. This amount is less the $854.31 paid directly
to CSX Railroad and reflects final adjusting quantity change order.
Funding to come from 1983 Water and Sewer Revenue Bond- Wells/R~~
Water (Account No. 441-5163-536-60.71).
30A. is deleted and in its place a new 30A is added to read:
30A. Approval - Project Manager- Water Treatment Plant Improvement
Project. Approve the addition of Project Manager for the Water
Treatment Plant Expansion project to provide Resident Inspection and
Administration services in the amount of $68,000 with funding from the
1988 Water and Sewer Bond Fund (Account No. 441-5162-536-60.41).
30B. adds language as underlined: Award Contract- Engineering
Services for shop drawinq review and qeneral construction
administration--Water Treatment Plant Expansion - Post, Buckley, Schuh
and Jernigan in the amount of $85,420 with funding from the 1988 Water
and Sewer Bond Fund (Account No. 441-5162-536-60.41).
.
MEMORANDUM
TO: MAYOR AND crm:'
FROM: CITY MANAGE j,
i.1A.....<-.
,
SUBJECT: AGENDA REPORT - MEETING OF MA 1989
DATE: May 5, 1989
PUBLIC HEARINGS
Item No. 6 (Ordinance No. 30-89) This is a Second Reading of an
Ordinance rezoning property located at the southwest corner of Linton
Boulevard between Congress Avenue and the E-4 Canal from P.O.C. to
RM-10. Minto Builders Inc. is proposing to construct Linton Lakes
II, a 296 multiple-family residential unit subdivision similar to that
located immediately north of this tract.
The Planning and Zoning Board at it's April 17th meeting recommended
approval.
Recommend approval of Ordinance No. 30-89 rezoninq property located at
the southwest corner of Linton Boulevard between Conqress Avenue and
the E-4 Canal from P.O.C. to RM-l0.
Item No. 7 (Ordinance No. 31-89) This is a Second Reading of an
Ordinance rezoning property located on the southwest corner of S.W.
10th Street and Miami Boulevard, in the Silver Terrace Subdivision
from RH to RO. The zoning change will accommodate services and
offices to serve women in need of assistance.
The Planning and Zoning Board at it's April 17th meeting recommended
approval.
Recommend approval of Ordinance 31-89 rezoninq property located on the
southwest corner of S.W. 10th Street and Miami Boulevard, in the
Silver Terrace Subdivision from RH to RO.
Item NO. 8 (Ordinance No. 32-89) This is a Second Reading of an
Ordinance amending the Zoning Text to include the definition of
"Department Store". This amendment of the L.C. (Limited Commercial)
Zone District limits the size of department stores to 20,000 square
feet or less. This action is consistent with Commission direction
give at your February 21st work session.
Recommend approval of Ordinance No. 32-89.
Item No. 9 (Ordinance No. 33-89) This is a Second Reading of an
Ordinance amending Chapter 162 to add sub-subsection (c) providing for
signs in a breezeway or signs at the entrance of a breezeway. At your
April 25th meeting the City Attorney's office provided two draft
ordinances for your consideration. Draft A, which provides for signs
in a breezeway was selected.
Recommend approval of Ordinance 33-89 amendinq Chapter 162 of the City
Code.
Item No. 10 Old School Squ~re Street Auction. Thi~ item i~ ~&for&
you to conduct a Public Hearing and approve the addition of S.E. 2nd
Avenue from Atlantic Avenue south approximately three blocks to the
list of streets for the Old School Square auction on May 20th. There
are 14 business uses and one residential use on this street.
Advertisements have been placed in local newspapers and individual
property owners notified.
Recommend conduct of public hearinq and approve the addition of S.E.
2nd Avenue to the street list.
AGENDA REPORT
Meeting of 5/9/89
FIRST READINGS
Item No. 12 (Ordinance No. 34-89) This is a First Reading of an
Ordinance authorizing the Planning and Zoning Board to grant variances
in certain circumstances associated with the Congress Avenue widening
project. At your November 15, 1988 workshop the Commission determined
that the widening of Congress from two to six lanes created unusual
impacts upon previously developed properties. This Ordinance
establishes a special land use review and approval procedure for those
properties considered nonconforming as a result of taking of
right-of-way or by physical improvements associated with the widening
of Congress Avenue. This Ordinance is void on June 1, 1994.
Recommend approval of Ordinance 34-89.
REGULAR AGENDA
Item No. 13 Appointment of a Member to the HUlllan Relations Committee.
Mayor's appointment to a term ending March 15, 1991.
Recommend approval of appointment of a member to the Human Relations
Committee to a term endinq March 15, 1991.
Item No. 14 Appointment of Two Members to the Human Relations
Committee. The Nacirema Club has submitted the names of two members
for appointment to the Human Relations Committee to terms ending March
15, 1991.
Recommend appointment of Jessie Herrinq and Aleane Clark to the Human
Relations Committee to terms endinq March 15, 1991.
Item No. 15 Appointment of a Member to the Planning and Zoning Board.
Appoint a member to fill the unexpired term of Phyllis Plume ending
September 28, 1989.
Recommend appointment of a member to the Planninq and Zoninq Board to
a term endinq September 1989.
Item No. 16 Appointment of a Member to the Planning and Zoning Board.
Appoint a member to fill the unexpired term of James L. Shuler ending
September 28, 1990.
Recommend appointment of a member to the Planninq and Zoninq Board to
a term endinq September 28, 1990.
Item No. 17 Request for Waiver of Conditions- Andover Section III.
In September 1985 the Commission granted development regulation
waivers for Andover Sections I and II which involved a reduction of
right-of-way width, reduction of pavement width and approved a six
foot bike path (or pedestrian way) instead of five foot sidewalks on
both sides of the streets. Andover III contains the final 51 lots of
the subdivisions. The developer is requesting the continuation of the
theme developed in Section I and II with respect to the street system
and bikepath circulation and is requesting the Commission consider
granting waivers to the following conditions:
1. Reduction in the right-of-way width from 50 feet to 40 feet.
2. Reduction in pavement width from 30 feet to 24 feet.
3. Eliminate the requirement for sidewalks on both sides of the
street and approve a single six foot wide pedestrian pathway.
- 2 -
AGENDA REPORT
Meeting of 5/9/89
Recommend approval of waiver of conditions for Andover Section III
consitent with previous Andover development plan.
Item No. 18 (Resolution No. 14-89) A Resolution calling for the
Chief Judge of the 15th Judicial Circuit to hold jury trials at the
new South Palm Beach County Courthouse presently under construction.
This is a request to the Chief Judge and Palm Beach County Commission
to create a separate jury district to facilitate jury trials at the
new South County Courthouse. This resolution does not include filings
of court documents at the South County Courthouse, however that will
be addressed with a subsequent resolution.
Recommend approval of Resolution No. 14-89.
Item No. 19 Golf Course RFP - Composition of Review Committee. At
your workshop meeting on May 2nd discussion was held about the
composition of the Golf Course RFP Review Committee. The present
Committee, selected by the City Manager, includes four City staff and
one person selected by the Presidents of the Men's and Ladies Golf
Association.
Item No. 20 Enclave 50 Annexation. Enclave to includes the area along
South Federal including LaMat Avenue and the (former) Chamberlain
property. Annexation had been contemplated to occur in nearby 1989.
In order to expedite improvements and assure proper code enforcement,
requests have been received to annex this enclave earlier. One
consideration in this schedule is the timing of development of the
property generally known as the Chamberlain property.
Recommend approval of the annexation of Enclave 50 and direct staff to
initiate formal action.
CONSENT AGENDA
Item No. 21 Amendment No. 1 City Hall Expansion Project. This
amendment changes the scope of the City Hall expansion project by
deleting the south addition, clock tower and reduces the bonding
requirement to 100%. There were also additional pricing concessions
made for completion of the north parking area and other technical
changes, including reduction in architectural fees. The amended
project costs total $2,238,857, which includes a $50,000 contingency.
Closing on the letter of credit to provide these funds is not expected
prior to June 1989. Because a funding source must be in place upon
contract approval, the City's General Fund balance will be used to
guarantee the approximate $700,000 difference until the Line of Credit
is completed.
Recommend approval of Amendment No. 1 to the City Hall Expansion
proiect.
Itelll No. 22 Interlocal Agreement Recycling Grant Application. The
Solid Waste Authority has asked us to participate in a joint
application for recycling grant money from the Florida Department of
Environlllental Regulation. To assist local governments in pursuing
recycling programs, the State has established a six year grant program
which will disburse $25,000,000 statewide annually. The County as a
whole would receive approximately $1.2 million a year. The City could
receive approximately $1.50 per capita for each of the six years of
the grant program. While grant funds can be used to offset resident
costs for extra recycling bins, they cannot be used as a supplement to
our payments to the contractor.
Recommend approval of interlocal aqreement between the City and Solid
Waste Authority for recyclinq qrant application.
- 3 -
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.
AGENDA REPORT
Meeting of 5/9/89
Item No. 23 Approval of Agreement between the City and Palm Beach
County School Board. This is an agreement with the School Board to
transport children in our summer camps (Community Center, Pompey Park
and Carver Middle School), to various local facilities and field trips
in the tri-county area. We will need three buses, four days per week
for eight weeks, the approximate cost for this service is $9,120. The
School Board charge is far below the rental rate of conventional bus
service.
Recommend approval of aqreement between the City and School Board to
provide bus transportation for our summer camp proqrams.
Item No. 24 Interlocal Agreement between the City and Palm Beach
County. This is an agreement with the County an(l request for
allocation of funding from 1988 Water and Sewer F'und to correct
utility conflicts and to install a 12" water line on Military Trail
from Atlantic Avenue north to the L-30 Canal. This action is in
conjunction with the County's widening of Military Trail from Atlantic
Avenue north to Steiner Road. As in past road widenings, the City is
responsible for relocating utility conflicts.
Recommend a roval of an a reement between the Cit and Palm Beach
Count to install a 12" water line in the amount of 145 434 with
fundinq from 441-5162-536-60.50 (Water and Sewer Bond Fund).
Item No. 25 "Non-Recourse" Agreement- Pelican Harbor. We received a
letter from Attorney Lee H. Burg, requesting acceptance of a
non-recourse agreement for a house constructed on Lot 10 in Pelican
Harbor which encroaches on a drainage and utility easement previously
granted to the City. This encroachment was the result of a surveying
error. The agreement provides that neither the City nor Pelican Harbor
Homeowner's Association will disturb the current or any subsequent
owner in use and possession of property; and no additional covenants,
conditions, restrictions or limitations shall be place upon the land
or re-course with regard to encroachlllent.
Recommend approval of non-recourse aqreement.
Item No. 26 Satisfaction of Nuisance Abatement Lien - 216 S.W. 13th
Avenue. We received an offer to satisfy a lien place upon the
property located at 216 S.W. 13th Avenue. The previous property owner
is in default on the mortgage and the property was transferred back to
original estate. Subsequently a home on the property was demolished.
The offer is in the alllount of $500 while the actual lien is $2,400.
Since liens are considered subordinate to taxes owed and mortgages on
property, the City would otherwise not likely recover our actual
value. The $500 offer is believed to be a reasonable settlement.
Recommend approval of the offer to satisfy a the nuisance abatement
lien on property located at 216 S.W. 13th Avenue.
Item No. 27 Request for Landscape Variance - Cromwell Restaurant.
Mr. Pigadis owner of Cromwell Restaurant was cited by the Code
Enforcement Board for landscape violations at his restaurant. The
approved landscape plan called for three landscape islands to break up
the parking space. Mr. Pigadis is requesting a waiver to revise the
current landscape plan, deleting the landscape island provision and
the previous owner had placed pavement over the island areas. Mr.
Pigadis has met with staff to work on a revised landscape plan which
provides other landscape improvements as a trade-off for the deleted
landscape islands.
Recolllmend approval of a request to revise the landscape plan for the
Cromwell Restaurant.
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AGENDA REPORT
Meeting of 5/9/89
Item No. 28 Request for Administrative Relief- Pelican Harbor. This
is a request to allow the construction of 10 new compact parking
spaces and conversion of 10 existing spaces to compact use. It is
anticipated that a restaurant use proposed at this location will have
an increased demand on parking. At their May 3rd meeting, the
Technical Advisory Committee recommended approval.
Recommend approval of request for administrative relief for twenty
compact parkinq spaces at the Pelican Harbor Shops.
Item No. 29 Final Plat- Exxon Station. This final plat action for
Exxon Station at Atlantic and Congress Avenues follows the commissions
action previously to grant an appeal which allows improvements at this
site to proceed.
Recommend approval of final plat for Exxon Station at Atlantic and
Conqress Avenues.
Item No. 30 AWARD OF BIDS AND CONTRACTS:
A. Award Contract- Administration Services and Inspection -
Water Treatment Plant Improvements -Project shop drawing review
and general construction administration services- Post, Buckley,
Schuh and Jernigan, in the amount of $135,000 with funding from
the 1984 Water and Sewer Bond Fund (Account No.
441-5162-536-60.41).
B. Award Contract- Engineering Services- Water Treatment Plant
Expansion - Post, Buckley, Schuh and Jernigan in the amount of
$85,420 with funding from the 1984 Water and Sewer Bond Fund
(Account No. 441-5162-536-60.41).
C. Award Contract- Phase II, Data analysis in conjunction with
preparation of Storm Water Utility Program - Gee and Jenson in
the amount of $17,500 with funding from Storm Water Utility Study
(Account No. 334-3161-541-60.59).
D. Award Bid - Trailer Office Space Rental for Planning
Department temporary location- Gelco Space in the amount of
$19,669 with funding from Planning Budget (Account No.
001-2511-515-60.81).
- 5 -
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MEMORANDUM
TO: Jay Slavin
Progressive Residents of Delray (PROD)
FROM: ~David M. Huddleston
~Director of Finance
SUBJECT: Beautification Funds
DATE: May 4, 1989
In your April 11, 1989 memorandum, you requested financial
regarding the beautification funds collected in conjunction
increase in Utility Tax Fees.
information
with the 1 %
The City accounts for these monies in the Beautification Trust Fund. This
Fund has the financial obligation to pay for annual debt service for its
share of the 1987 Utility Tax Revenue Bond. The 1987 Bond provided
proceeds of $3,000,000 for beautification and an additional $1,000,000 that
went to the Community Redevelopment Agency (CRA) for their share of the
Atlantic Avenue Beautification Project. The $4,000,000 in beautification
Bond proceeds is separately accounted for in the Bond Construction Fund. I
have attached schedules for both Funds so that you will have the complete
financial picture of the beautification process.
Schedule A reflects the annual collections and expenditures from the
Beautification Trust Fund. The total collections since 1986 are
$1,049,204.40. The annual debt service payments to date are $630,532.32.
The City has also expended $10,645 for the Dixie Boulevard Cul-de-Sac. The
Beautification Trust Fund has a balance of $468,481.35. The City has
tentatively committed spending $20,000 for the entry signs on North and
South Federal Highway and $40,000 for the beautification of Pineapple Grove
Way. There has also been City Commission discussion to spend $11,000 for
West Atlantic Beautification for vacant lots to 1-95. If these tentative
commitments are enacted, the balance would be $397,481.35. The City may
use this balance for maintenance or additional projects.
The Bond Construction Fund accounts for the $4,000,000 for beautification
projects. The projects are listed on Schedule B with expected completion
dates. The City has initiated projects totalling $2,839,024. The other
proposed projects total $1,369,189. The completed and proposed projects
are expected to totally expend the Bond proceeds.
DMH/ sam
Attachments
cc: Mayor Doak S. Campbell III
Commissioner Jimmy Weatherspoon
Commissioner Mary McCarty
Commissioner Trish Brainerd
Commissioner William Andrews
Walter O. Barry, City Manager
Frank R. Spence, Director of Development Services
Nancy Davila, City Horticulturist
Barbara Schooler, Acting Project Cost Accountant
S~lll'. "t, i.
SCHEDULE OF BEAUTIFICATION TRUST FUND
AS OF APRIL 21, 1989
FISCAL YEAR FISCAL YEAR FISCAL YEAR
REVENUES TOTAL 1989 1988 1987
1% Utility Tax $1,049,204.40 $173,257.11 $398,773.65 $377,917.38
Interest 60,454.27 17,508.86 24,773.70 17,870.57
TOTAL REVENUES $1,109,658.67 $190,765.97 $423,547.35 $395,787.95
FISCAL YEAR FISCAL YEAR FISCAL YEAR
EXPENSES TOTAL 1989 1988 1987
Annual Debt Service $ 630,532.32 $172,107.36 $343,878.72 $114,546.24
Dixie Cul-de-Sac
Proj ect 10,645.00 10,645.00 -0- -0-
TOTAL EXPENSES $ 641,177.32 $182,752.36 $343,878.72 $114,546.24
BALANCE $ 468,481. 35 $ 8,013.61 $ 79,668.63 $281,241. 71
COMMITMENTS:
Entry Way Sign $ 20,000.00
(North and South
Federal Highway)
Pineapple Grove Way 40,000.00
NET $ 408,481. 35
PROPOSED PROJECT:
CRA Upgrade $ 11 ,000.00
$ 397,481. 35
PROJECT DESCRIPTIONS:
Dixie Cul-du-Sac:
to land relcaimed
Maintenance to be
$11,000 budget. Landscaping and irrigation improvements
by the closing of Dixie Boulevard at Swinton Avenue.
done by the Parks Department.
Pineapple Grove Way: $40,000 budget. Funding to include landscape design
and installation of street trees within the sidewalk on Pineapple Grove Way
between Atlantic Avenue and Northeast Fourth Street. Reinstated as a
target area for the Comprehensive Beautification Plan. Maintenance to be
funded through the surplus from the Utility Tax Fund and coordinated by the
Parks Department through a private contractor.
Entry Si~ns: $20,000 budget. Funding to include the construction of two
signs to replace the old signs on North and South Federal Highway. Design
donated by Digby Bridges. Design coordinated by the Beautification Task
Force in conjunction with the Comprehensive Beautification Plan.
West Atlantic Avenue/Vacant Lots: $11,000 budget. Project is a proposal
of the Community Redevelopment Agency, endorsed by the City Commission.
Plans include sodding and irrigating vacant lots between West 12th Avenue
and West Eighth Avenue adjacent to West Atlantic Avenue. Lots are in
private ownership and leases must be obtained prior to improvements.
Project coorindation to be by City staff. Lots to be maintained by the
Parks Department.
REVENUES
Bond Proceeds
Revenue from Interest
TOTAL REVENUE
PROJECTS COMPLETED/IN PROGRESS
Linton Blvd/Military Trail to
Congress Ave
Homewood Blvd/Linton Blvd to
Lawson
Construction Phase I-Atlantic
Ave Beautification
Design Contract/Kettlehut
Design Fee-Atlantic Ave Beau-
tification
West Atlantic Ave Interchange
West Atlantic Ave/Swinton Ave
to 1-95
Linton Blvd/I-95 Interchange
Linton Blvd/ALA to 1-95
South Federal Hwy/C-15 Canal
to Linton Blvd
TOTAL
PROJECTS TO BE DONE
Federal Hwy/Linton Blvd to
North City Limits
Congress Ave/Lake Ida Road
NE 8th Street
SW 10th Street
West Atlantic Ave
Congress Ave/Lake Ida Road to
Atlantic Ave
Congress Ave/Atlantic Ave to
C-15 Canal
Dixie Highway/C-15 Canal
Lake Ida Road/Military Trail
to Swinton Ave
TOTAL
TOTAL PROJECTS
SCHEDULE B
BEAUTIFICATION PROJECTS
$4,000,000
23,946
$4,023,946
PROJECTED
COST
DATE
COMPLETED
EXPECTED
COMPLETION
DATE
$ 234,031 03/89
45,552 02/89
1,482,000 05/89
200,000 Pending
168,000 Pending
162,948 08/89
80,950 09/89
178,349 08/89
89,946 07/89
197,248 11 /89
$2,839,024
$ 520,000 01/90
105,000 01/90
37,000 12/90
47,959 02/90
232,200 Pending
89,840 03/90
89,840 03/90
54,060 04/90
193,290 Pending
$1,369,189
$4,208,213
Amount Requiring Additional Funding
Potential Offsets - Reimbursement from Grants
REMAINING BALANCE TO BE FUNDED
(184,267)
184,267
$ -0-
PLANNING AND ZONJclG DEPARTMENT MEMORANDUM
TO:
~T.ER O. BARRY, CITY MAN.AGER
Wn,;'JJ UoU~
DAVI~koVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
DATE:
MAY 8, 1989
SUBJECT:
FUNCTION OF FRIDAY, P&Z WORKSHOPS
Pursuant to our conversation of this date and in response to
inquiries about time commitments for Planning and Zoning Board
Members, the following is provided:
A reqular business meetinq is held on the third Monday
even1ng of each month. Attendance at this meeting is
essential. This is the only time during a month when formal
action is taken - excepting, of course, special meetings.
On the second Friday of each month, a morning worksession is
held. This meeting begins at 8:00 a.m. and usually runs to
11:00 a.m. The purpose of this worksession is to:
a) preview land use requests which have been
submitted for the next month's agenda,
b) review the agenda for the next regular meeting
including the staff recommendations,
c) meet with applicants/agents who need direction
from the Board or whose projects are such that the
Board needs the agents perspective, and
d) other items as necessity requires.
If a member does not make this meeting, it is easy to convey
information on the above on a one-on-one basis. Frequently
members leave this meeting early and seldom is it conducted
with full participation.
On the fourth Thursday of each month, an evening worksession
is held. This worksession runs from 7:00 pm to 9:00 pm, or
later, it is at this session that "planning" and "policy"
matters are to be discussed e.g. changes to zoning code
text, development policies/procedures, etc. This meeting is
for more of an exchange between the members with direction
to staff. It is important for members to attend this
session since it is the evolution of Board direction. If
only four or five members show up, this worksession is
usually deferred.
To: Walter O. Barry, City Manager
Re: Function of Friday, P&Z Worksession
May 8, 1989
Page 2
Note: The Thursday evening worksession (along with several
other evenings) has been devoted to the preparation of the
comprehensive plan since early December.
It is not anticipated that the Board will be involved in
additional meetings until we work on the Comprehensive Plan again
and begin work on the rewrite of the land use codes.
DJK/cm
c:
Frank R. Spence, Director
Development Services Group
bc:
DJK
REF/DJK#44/FRIDAY.TXT
1989 BOARDS AND COMMITTEES
UPDATED MARCH 31, 1989
BEACH TASK FORCE
(Mayoral Appointment)
Rachel Speicher
Betty Matthews
John McKenna, Chairman
Vacancy
Steven Rubin
Donald Pfeil
BOARD OF ADJUSTMENT
(Three Year Term)
Regular (5)
Robin Smith
Samuel portnay
Alvaro Vera
David Klarer
Steven D. Rubin
(Chairman)
Orig.
~
4/86
9/83
2/84
3/87
5/84
Alternate (2)
Mark David
Anthony Veltri
Expire
3/15/90
3/15/90
3/15/91
3/15/92
3/15/92
~~.A~.
.~~ C~-9
'."" .. lv"'4' f fT,
u'~ ~ .. ~,,_
I.'\.\._.L.LL-' CG~"
tvcr V<'-' l,-~L.
(Election of Officers - March 15th Each Year)
BOARD OF CONSTRUCTION APPEALS
(Two Year Term) (9 members)
Name
Del Swilley
Vacancy
~ Paul Myers
y~,? ; L:lrrl ~1. ~cnne1aer
\...7 Patrick Keen
H. Deane Ellis
Richard M. Oldham
William Koch III
Richard Sheremeta
Occupation
General Contractor
General Contractor
Master Plumber
1\reRit.e:.ct
Master Electrician
Air Conditioning Contractor
Sign Contractor
Real Estate Broker
Engineer, P.E.
Orig.
~
1/86
1/86
11/88
6/85
3/87
2/87
4/87
5/87
Orig.
~ Expire
11/87 3/15/92
11/87 3/15/91
Expire
1/08/90
1/08/89
1/08/90
l/ul:l/91
1/08/90
1/08/91
1/08/91
1/08/91
1/08/91
CIVIL DEFENSE DIRECTOR
City Manager
Assistant Civil Defense Director - Fire Chief
CIVIL SERVICE BOARD
(Two Year Term)
Orig.
~
9/84
11/87
j.J.i-4- 4 - 8 ")
Name
Leo Kierstein
K. Howard Wiener
~) Milford ROGG ";j u >i f: 1-1 f-. N l-.E: Y
C/ ' ~
.w-ill i am ..-Jh u W Il "/fY"-'-AJ,-,-
Barbara Garito
**
**
Sandra W. Almy
Pamela Tubbs
**
Alternate
Alternate
8/88
4/88
7/88
9/88
Expire
4/01/90
6/30/90
4 /81/8 9 rf-I- 'f I
4/30/.a.g-Qo
4!30/&9""7<J
7/01/89
4!30/a,e.-q 0
Elected yearly by City Employees for one-year term.
(Election date to be the day immediately preceding
the regular meeting of the CS Board in April each
year) .
**
Page 2
Boards and Committees - 1989
Regular (7)
Tim Onnen
Robert J. McDonald
David Cohen
Joel Port ",~
i!2\CLa...h::; Tuth I\U-(J"
URome Rena
Perry DonFrancisco
Alternate (7)
Beril Kruger
Samuel DeOto
Dorothy Patterson
Jean Beer
Frank Rozzo
Vincent A. Voraso
Dave Bodker
(Two Year Term)
Regular (5)
William F. Wilsher
J.B. Smith
Virginia Courtenay
Mark Marsh
Kimberly Dellastatious
(One Year Term)
Alternate (2)
Ann Pearson
Richard Eckerle
Name
CODE ENFORCEMENT BOARD
(Three Year Term)
Position
Businessperson
Gen. Contractor
Layperson
Engineer
Architect
Gen. Contractor
Businessperson
Filling Position
Layperson
Gen. Contractor
Real Est. Person
Engineer
Architect
Subcontr-Plumber
Businessperson
Orig.
Appt.
1/89
1/81
7/84
12/85
11/88
11/87
9/86
Businessperson
Gen. Contractor
Real Est. Person
Layperson
Subcontractor
Engineer
Architect
Businessperson
Gen. Contractor
Real Est. Person
Layperson
Subcontractor
Engineer
Architect
11/87
10/88
11/87
11/87
10/88
7/88
10/88
COMMUNITY APPEARANCE BOARD
(Two Year Term)
Occupation
Land-Architec1;
Layperson
Layperson
Architect
Architect
Layperson
Layperson
COMMUNITY REDEVELOPMENT AGENCY
(Four Year Term)
Orig.
~.
Kevin Egan
Armand Mouw
Matt Gracey, Jr.
Tom Lynch, Chairman
Jack Duane
Dave Randolph
Leon M. Weekes, Vice-Chairman
8/9/88
7/9/85
7/9/85
7/9/85
7/9/85
7/9/85
7/9/85
DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY
(Three Year Term)
Member (5)
Frank l'7heat
Constance L. Tuttle
Thomas Smith
Robert Costin
Roy Simon
Orig.
~.
5/88
9/84
1/87
6/85
8/86
Orig.
~ Expire
10/86- 8/25/89
11/85 8/25/89
10/84 8/25/89
8/88 8/25/90
2/87 8/25/90
7/88
11/87
3/08/90
3/08/90
Expire
7/9/90
7/9/91
7/9/92
7/9/89
7/9/89
7/9/89
7/9/89
Expire
7/01/89
7/01/90
7/01/91
7/01/91
7/01/89
EiPir
1 14/
1114/
1/14/
1/14/
1/14/
1/14/
1/14/
1/14/
1/14/
1/14/
1/14/
1/14/
1114/
1/14/
/
'Boards and Committees - 1989
Page 3
DELRAY BEACH HOUSING AUTHORITY
(Four Year Term)
Member (5)
Cynthia A. Gracey
Eugene Strews
Rosetta Rolle
Richard A. Mildner
Lawrence L. Parker
Jeanette Slavin
David Hornsby
Orig.
~.
5/88
9/85
7/85
3/89
5/88
8/88
7/86
Expire
7/14/90
7/14/90
7/14/89
7/14/92
10/27/91
7/14/90
7/14/90
DELRAY BEACH HUMAN RELATIONS COMMITTEE
(Two Year Term) (Not to exceed 14 members)
Member Orig.
(One by each Commissioner) ~. Expire
(Mayor) Vacancy 3/15/89
McCarty (Seat #1) Leonard B. Mi tchell 12/88 3/15/90
Brainerd (Seat #2) Richard Brautigan 3/89 3/15/91
Andrews (Seat #3) Robert P. Ferrell 3/89 3/15/90
Weatherspoon (Seat #4) Joseph Valentino 6/87 3/15/91
Member (Nacirema Club)
Vacancy
Preston Wright
Nadine Hart
Member (NAACP)
'Wi+ly J. Spivey ~
Annetta Baldwin
Clifford Durden
Member (Chamber of Commerce)
Vacancy
Rusty Rusillo ',~
Tom PatteJ:6oh ~T
11/87
3/85
4/87
7/86
7/86
3/88
3/88
3/15/89
3/15/90
3/15/89
3/15/90
3/15/90
3/15/90
3/15/90
3/15/90
3/15/90
HISTORIC PRESERVATION BOARD
(Created by Ordinance No. 13-87)
(Two Year Term after initial appointment)
(Three Year Term)
Clemmer Mayhew, III (V-Chrmn)
David Nathanson
C. Spenser Pompey
(Two Year Term)
David Martin
-G') 'lacal,,-'y O'f\j.J ~ T:>€.M f\RC-1>
~ Alice Finst
Pat Healy (Chairman)
t\
.,..'
"{:
4
.>'
Orig.
Appt.
6/9/87
6/9/87
6/9/87
6/9/87
8/9/88
6/9/87
Expire
6/9/90
6/9/90
6/9/90
6/9/89
6/3/ts~
6/9/89
6/9/89
"Boards and Committees - 1989
Page 4
Regular (7)
Orig.
Appt.
PERC COMMISSIONERS
(Four Year Term)
Expire
Alternate
. John Saracino,Chmn 7/76
(Managerial Rep.)
Martin Frost 1/88
(Employee Rep.)
Vacancy
(unclassified)
3/13/93
3/13/92
3/13/91
Orig.
Appt. Expire
G. Robert Fellows
(unclassified)
PLANNING AND ZONING BOARD
(Two Year Term)
Orig.
~.
5/8!!'
BOARD OF TRUSTEES
Years)
Orig.
~.
<<9
Name
James L.
Vacancy
Digby Bridges
Helen Coopersmith
"ilcanoy LAI(l'( Y ScfHv~' D€ R.
Sid Soloway
David Schmidt
- L-
Shuler ~
(Police and Fire)
(Three
Name
Mayor Campbell, Chairman
Charles F. Hill
John Tranter
Chief Kerry Koen
Gerald Paller
Michael J. Hendricks
Chief C.L. Kilgore
li>al.a~J II. Ilv..lcyFRI"P :z.JEQ,..LAP,
Robert Brown
9/88
9/88
Y. -S1
8/85
9/88
6/83
11/86
5/78 3/13/90
Expire
9/28/90
9/28/89
9/28/90
9/28/90
9/28/90
9/28/89
9/28/90
Expire
-------
6/30/89
4/22/91
-------
4/22/91
4/22/89
-------
4/22/89 'i -y," -qV
4/22/91
(General Employees) RETIREMENT FUND COMMITTEE
Mary McCarty
David Huddleston, Secretary
William Plum
Nancy Roti
LeRoy Croft
City Attorney, Ex-Officio
Herbert W.A. Thiele
CITY PHYSICIANS
(One Year Term - Appointed at Organizational Meeting in March)
Dr. Frederic Swartz
i}F. III .. C'I ,.. T:_ 1., 31.
.',
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
DATE:
May 8, 1989
SUBJECT:
Documentation City
Approval of Final Payment
Raw Water Main - Part B
Commission Meeting
- Solo Construction
May
9,
1989
ITEM BEFORE COMMISSION
City Commission is requested to approve the final invoice for Solo
Construction, for the construction of Interim Golf Course Well Field
Production Wells 7W - 14W, Part B - Raw Water Main, in the amount of
$ 88,034.19, with funding to come from account #441-5163-536-60.71.
Includes final .adjusting quantity change order.
BACKGROUND
Contracted work has been completed;
satisfied. Bacteriological testing has
being bacteria free. The line has passed
all prerequisites have been-
been completed and confirmed as
all pressure test requirements.
Solo Construction submitted a final invoice in the amount of $ 88,888.50,
however, $ 854.31 has been deducted as this amount is to be paid directly
to CSX Transportation for services rendered through Solo Construction for
the City of Delray Beach. The remaining amount due to Solo Construction
for the construction of the Raw Water Main is $ 88,034.19. Copies of
these invoices are attached for review.
RECOMMENDATION
Staff recommends approval of the final invoice for Solo
the amount of $ 88,034.19, with funding to come
#441-5163-536-60.71. Includes final adjusting quantity
Construction in
from account
change order.~ ~f~~
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-
--
-'.....I
. '~ .
Shoo' No.
1 01 3
Chon,. o,d., A""lIlon.
R.t.,.4 ,
AM.un'
II.", Oft Co""I....
H.. O.t, F.rm O..c",tlo" Amoun' O.dwell,",
W.l000 t. tI.,.
(1) (21 (3) (4) (5) (61 171
1 11-10 CIIANGEORDER 11 35,506. O( 35,506. OC 29,690,
- .
,
I.'." 'l~_ ~nj; : or ~'~nj; Innl--29.69n.
SCHEDULE OF CHANGE ORDERS
"
A. O,l,'nol conlnel ''''.un' (c.t. ".". of ..." ,_.)
B. PIUSI AddU',n, sch.dulod In colu"," 5 .tt..."
C. Lu" Ooductlon. uh.dul.4 In colu,"" 7...vo
D. Adlult.d cenlrut omoun",. J.,.
2. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE
$536.650.00
$ 35.506.00
S 'Q./;Qn nn
$; ~42 ;466:"00
1. V.I uO .f .rlvlnol COn"ec' .o,k ,..t.,,,,.d t. 41.,. (C.I.' ',onl)
2. e.". 'W.,~ p','.,,,,od t. d.t. (C.I.' ....... IIIln"'l C.I. 7)
3. Totol valuo .r wo,1l: ,.,fo,,,,od 10 tI.f.
.4. Lu" Amoun' ,.tolnoL=j)- p"con'
5.
6.
No. Omoun' ..'nod on Con"llcl wo,1t t. ....
3. ANALYSIS OF WORK PERFORMED
$506.960.00
$ ~~, ~nr, nn
S%'.4j;r, no
S -0-
$542.466.00
$ -0-
$ -0-
$453.577 .50
$ 1l.8.888:S0 / (~
tAtt..h 4,,,".11
..h04ul.)
Adds Mo'u'.r. .,.,.d ., cl... or .hh p.'lod
7. l..., Amoun' of p'lvlou. p.rmo..1I
I. BALAHCE DUE THIS PA YMEHT
4. CERTIFICATION OF CONTRACTOR
I u'f1fr ,hot I hovo choclc.. on" .0,1f1.4 ,hi. Po,I,.'c.1 f.II...... H.. 5 , r., .h. ,.rl.. 7_' Ii-RR
t. 8-30-88 , 'nclull.., .ntl ,h.. It II . 'ru. .ntl ..".et It"'...,nt .1 .11 .orle ,."."...., 'n4/., .n, .n. .n "'ot'l
.n" ...vl,....n' .u"f1.4 .y Ih. controoto"lho. .11 .o,1e on" .11 ......'1.1 onl ""',,,,,n' Incl"eI.. 'n tho "".4'.or !.U",... No. S
h.. ...n ,.rf.,,,,... ,n"I., lup,II." In 'ull ....'..n.. with ,h. ,.,..., .n. .ontlltlo". of ,h. ."u",o"'" ,,,"I., cluf, oulh.,1
".v',"o"" UI~"lIull.n., oh.,oUon. ontl/., ..elur,n" ,h., .11 I.,,,,. .1 P."..".. ea. .t. II hovI ..." O.,'hontleof.. '
.",..,." I,y tho lIIul, ou,h."... "n".,..,,,o" o,on' .f 'h. con"..t.r.
SOLO CONSTRUCTION CORPORATION
-- {t,ntroc.."
/<<<.
By RAND
". .... ,.,....."1.1..
11-18
" 88 Till. VICE-PRESIDENT
~-? co/z7(4'1' (7-'.
. .~ .::-,J. ~< ////~~~-< <..~
/7~. _. /
5. CER T1FICA TION OF CONSTRUCTION ENGINEER +'Y/-:;i /~. ~:_ .?- $ -6",7'
- ,
Ace.,dt", f. .h. .... .1 M, .n.wl.... I .."u, th.. .U It..... .... ....."n.. ,h,wlIlI I" the ,... If Ih. .,1.
""Ict, .h.. ,h. ", ,.".1 In" ."ul, ft' ,It,wn fh.r.... h.. ~.." 40'" ,..4 '1',,11.. In tho p,..... ..tw....
r.w...). . ..d ,.. . ("'."."..), d...d f//~" , "j:L. '.cludl.... duly .u'h....
d..I.II..., 'U~""ull..., ."....,... .../., '..'"1."., .h.. " " ...... .h., 'hI. ,..1..1001 .",...,. ,. . ..u. ... ..".., .i.,...... .f I
CO""lct '",oun', u, t. Ind Inchu'ln, tho I..t .., .r tho ,.".4 ...,.,.4 ., .hll ,.rl.4.... """,.t., ond ,ho' 1'1' '0" II Ih. ....I.nc. 4u
Ihl. 'Iyml"' h.. h.," ,...,,,.,,.
RUSSELL 10 AlCON CO'UUl,TIHa IENa'HIElIA.
~III.~.v.n?>'\-
B'~Y~ JZ~/
D.... 0/"/:2) /1-;
/
it;;
:;
.
. csx ~RANS~RTATION
SBD
EXPENSES INCURRED AT DELRAY BEACH FL
OCCURRENCE DATE 10/14/87
BILL MASTER KEY OP 181515
PREPARED BY JOE BIRELY
BILLEE COOE Ci76008
MILE POST: SX989 .25
FLAGGING FOR JACK AND BORE OF 36" CASING FOR WATER MAIN
LABOR-ROADWAY FOR 03/88
-----------------------
FORCE 5T47
FOREMAN INSP
16.00 HR ST @ $12.9687
FOREMAN INSP
8.00 HR OT @ $20.3400
SUPPLEMENTAL ANNUITY TAX
HEALTH & WELFARE
HOLl DAY
COMPANY OVERHEAO
RAILROAD RETIREMENT TAX
SUPERVISION
FORCE ACCOUNT INSURANCE
VACATI ON
1.48 it
12.56 it
4.02 it
29.78 it
24.88 it
34.97 it
10.00 it
6.82 it
INVOICES-EMPLOYEE EXPENSES
--------------------------
M B WALDRON SBO -TA104RFP-FOR-PAY 02/88
M B WALDRON SBD -TA104RFP-FOR-PAY 02/88
INVOICE HANOLING
1.00 it ON
CSX TRANSPORTATION
P.O. BOX 40545
JACKSONVILLE FL 32203
WITH C flV , aiL
$207.50
$162.72
SUB TOTAL
$370.22
$5.48
$46.50
$14.88
$110.25
$92.11
$129.46
$37.02
$25.25
$8.13
$14.78
$22.91 $.23
-------------------
AMOUNT DUE $854.31
05/04/89
$854.
.,.".."
I
i
MEMORANDUM
TO:
Walter O. Barry, City Manager
~rt A. Barcinski, Asst. City Manager/Community Services
FROM:
DATE:
May 3, 1989
SUBJECT: Documentation City Commission Meeting May 9, 1989
Approval and Funding Authorization/Project Manager
Water Treatment Plant Expansion Project
ITEM BEFORE COMMISSION
City Commission is requested to approve the addition of one (1) employee,
"Project Manager". to the Engineering Department staff to provide
"Resident Proj ect Representative Services" and "Operational Phase
Services" for the Water Treatment Plant Expansion Project. Commission is
also requested to approve funding in the amount of $ 68,000 from account
#441-5162-536-60.41 (Water and Sewer Refinanced Bond Fund) for this
position.
BACKGROUND
In the past, the City has hired an engineering firm
provide all construction management services for a
services include construction inspection, construction
shop drawing review, general project management, design
and certification of change orders.
or architect to
proj ect. These
certification,
interpretation
Staff is recommending that these engineering and inspection services be
split between the engineering design firm (PBSJ) and an on-staff
employee. The staff employee would be a temporary employee hired to
provide~ervices for the Water Treatment Plant Expansion Project for
approximately one (1) year. The proposed staff "Project Manager" would
provide inspection services, certify change orders. serve as the resident
project representative and perform other project tasks. Post, Buckley,
Schuh & Jernigan would provide shop drawing review, limited construction
management services, interpret specifications and certify the project.
The proposed hourly rate for the staff employee is $ 20.00 per hour,
maximum $ 68,000 for one year. The contract amount proposed for Post,
Buckley, Schuh & Jernigan is $85,420 (see next agenda item).
The total amount for engineering services per this recommendation is
approximately $ 153,420. Staff estimates a savings of approximately
$ 135,000 by splitting the engineering services for this project;
utilizing an on-staff representative.
.3c~
i
Documentation - City Commission Meeting - May 9, 1989
Water Treatment Plant Expansion Project
Approval and Funding Authorization/Project Manager
May 3, 1989
RECOMMENDATION
Staff recommends approval of the addition of one
Manager" to the Engineering Department staff and
$68.000 to come from account #441-5162-536-60.41
RAB/sfd
,~
(1) employee, "Project
funding in the amount of
for this position,
;
.
I
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"
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.1
I
I
I
:
,
ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
ROBERT A. BARCINSKI
ASSISTANT CITY MANAGER
FROM:
GATES D, CASTLE, P.E.
)1~l, INTERIM CITY ENGINEER
DATE:
MAY 3. 1989
SUBJECT:
WATER TREATMENT PLANT EXPANSION PROJECT
\
The following is proposed with respect to the Engineering Ser-
vices required during construction of the subject project;
1. Have Post Buckley reVIew shop drawings, approve substitute
materials and equipment, make periodic visits to the site.
in order to provide certification. and answer questions
that aris~ which only the design engineer will be able to
answer (interpretation of specifications, how will recom-
mended field changes affect overall design, etc).
2. The City provide the "Resident Project Representative Ser-
vices" and the "Operational Phase Services". In order to
accomplish this, the following are recommended:
a, Reinstate Ralph N, Brescia as a "Part Time Employee"
of the City (Consider that Mr, Brescia from September
18, 1987 to present has been on a "Leave of Absence")
b. Pay Mr, Brescia a salary of $20!hour with a position
title of Project Manager. Funding for Mr. Brescia's
salary will corne from the Utilities Department, but Mr.
Brescia will average 60-65 hours per week on the pro-
~ject for a total cost of $67.600 (based on a one year
contract time).
c. Engineering provide the clerical help required in con-
junction with the resident inspection,
If the above recommendations are approved, I have every confi-
dence that the City will get a quality project at a significant
CQst savings with respect to eng.neering services,
These recommendations are submitted for review and approval by
the appropriate parties,
GDC:slg
cc: Frank Spence
John Elliott
Larry Martin
Attachments
I
I
.
.
I
i
,
\
MEMORANDUM
/
/
TO:
Walter O. Barry, City Manager
/
FROM:
~ Robert A. Barcinski, Asst. City
May 2, 1989
/'
,
~~ager/Community
.'
Services
DATE:
SUBJECT:
Documentation City Commission Meeting
Award of Contract Post, Buckley, Schuh
Construction Administration Shop
Water Treatment Plant Expansion Project
May 9, 1989
& Jernigan, Inc.
Drawing Review
ITEM BEFORE COMMISSION
City Commission is requsted to approve an agreement with Post, Buckley,
Schuh & Jernigan, Inc. in the amount of $85,420 with funding to come from
account #441-5162-536-60.41 (1988 Water and Sewer Bond Refinancing Fund).
BACKGROUND
The scope of services to be provided includes general construction
administration and shop drawing review. Additional administration and
construction inspection would be performed by City staff, as approved by
City Commission. A copy of the proposal is attached,
RECOMMENDATION
Staff recommends approval of
Jernigan, Inc. in the amount
account #441-5162-536-60.41.
agreement with Post, Buckley, Schuh &
of $ 85,~20, with funding to come from
~
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AUTHORIZATION NO. 3A (THREE A) TO AGREEMENT
.Entered Into and Between
CITY OF OELRAY BEACH, FLORIDA
100 N. W. 1st Avenue
Dated February 1, 1989
AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1665 Palm Beach Lakes Boulevard'
Suite 500, Tower B
West Palm Beach, Florida 33401
SHOP DRAWINGS REVIEW FOR THE
WATER TREATMENT PLANT EXPANSION PROJECT
1.0 SCOPE OF SERVICES
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide professional
engineering and related services , as hereinafter described to the City of
Delray Beach, Florida (CITY) during the Bidding and Construction Phase of the
Water Treatment Plant Expansion Project (PROJECT). CITY desires to perform
the construction contract administration services, resident project
representation services and the operational phase services. These services
are categorized and defined as follows:
1.1. Bidding Phase Services - (Refer to PBS&J Authorization No.3 approved by
City Arpil 12, 1989.)
1.2. Construction Contract Administration Services: (To be performed jointly
by CITY and ENGINEER)
1.2.1 General Administration of Construction Contract. (To be performed
by City) ENGINEER shall consult with and advise CITY and act as CITY's'
representative. All of CITY's instruction to Contractor(s) will be
issued through ENGINEER who will have authority to act on behalf of City.
General Administration of the Construction Contract includes the
following:
1. Attend preconstruction conference.
2. Attend meetings with CITY and Contractor.
3. Conduct telephone consultation with C1TY,
Contractor and Resident Project Representative.
4. Prepare general correspondence.
5. Issue CITY's instructions to Contractor.
6. Interpret intent of Contract Documents.
1.2.2. Visits to Site and Observation of Construction,
by ENGINEER) In connection with observations of the work
while it is in progress:
(To be performed
of Contractor(s)
1. ENGINEER shall make periodic visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qual ified design professional the progress
and qual ity of the various aspects of Contractor(s) I work.
CITY shall provide the services of a Resident Project
Representative to provide more continuous observation of
such work. Based on information obtained during such visits
and on such observations, ENGINEER shall endeavor to
determine in general if such work is proceeding in
accordance with the Contract Documents.
2. The Resident Project Representative (and any assistants)
will be CITY agent or employee and under CITY's supervision.
3. The purpose of ENGINEER's visits to and representation by
the CITY's Resident Project Reprsentative (and assistants,
if any) at the site will be to enable ENGINEER to better
carry out duties and responsibilities assigned to and
undertaken by ENGINEER duri ng the Construction Phase, and,
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in addition, by exercise of ENGINEER's efforts as an
experienced and qual ified design professional, to provide
for CITY a greater degree of confidence that the completed
work of Contractor(s) will conform generally to the Contract
Documens and that the integri ty of the design concept as
reflecte~ in the Contract Documents has been implemented and
preserved by Contractor(s). On the other hand, ENGINEER
shall not, during such visits or as a result of such
observa t ions 0 f Contractor( s)' work in progress, superv i se,
direct or have control over Contractor(s)' work nor shall
ENGINEER have authority over or responsibility for the
means, methods, techniques, sequences or procedures of
construction seleced by Contractor(s), for safety
precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply
with laws, rules regulations, ordinances, codes or orders
appl icable to Contractor(s) furnishing and performng their
work. Accordingly, ENGINEER can neither guarantee the
performance of the construction contracts by Contractor(s)
failure to furnish and perform their work in accordance with
the Contract Documents.
1.2.3. Defective Work. (To be performed by ENGINEER) During such visits
and on the basis of such observations, ENGINEER may disapprove of or
reject Contractor(s)'s work while it is in progress if ENGINEER believes
that such work will not produce a completed Project that conforms
generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the Project as reflected in the
Contract Documents.
1.2.4. Interpretations and Clarifications. (To be performed by ENGINEER)
ENGINEER shall issue necessary interpretations and clarifications of the
Contract Documents and in connection therewith prepare work directive
changes and change orders as requested by CITY.
1.2.5. Shop Drawings. (To be performed by ENGINEER) ENGINEER shall review
and approve (or take other approproate action in respect of) Shop
Drawings, samples and other data which Contractor(s) are required to
submit, but only for conformance with the design concept of the Project
and compl iance with the information given in the Contract Documents.
Such reviews and approvals or other action shall not extent to means,
methods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
1.2.6. Substitutes. (To be performed by ENGINEER) .ENGINEER shall evaluate
and determine the acceptabil ity of substitute materials and equipment
proposed by Contractor as listed in the Bidding Documents. All
substitutes of materials and equipment will require written authorization
from the CITY.
1.2.7. Inspections and Tests. (To be performed by CITY) ENGINEER shall
have authority, as CITY's representative, to require special inspection
or testing of the work, and shall receive and review all certificates of
inspection, testings and approvals required by law, rules, regulations,
ordinances, codes, orders or the Contract Documents (but only to
determine generally that their content complies with the requirements of,
and the results certified. indicate compl iance with, the Contract
Documents) .
1.2.B. Disputes between CITY and Contractor. (To be performed by
ENGINEER) ENGINEER shall act as initial interpreter of the requirements
of the Contract Documents and judge of the acceptabil ity of the work
thereunder and make decisions on all claims of CITY and Contractor(s)
relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents perta ining to the execution and
progress of the work. ENGINEER shall not be 1 iable for the results of
any such interpretations or decisions rendered in good faith.
1.2.9. Applications for Payment. (To be performed by CITY) Based on
ENGINEER I S on-s ite observations as an experienced and qual ified des ign
professional, on information provided by the Resident Project
Representative and on review of applications for payment and the
accompanying data and schedules:
1. ENGINEER shall determine the amounts owing to Contractor(s)
and recommend in writing payments to Contractor(s) in such
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amounts. Such recommendations payment will constitute a
representation to CITY, based on such observations and
review, that the work has progressed to the point indicated,
and that, to the best of ENGINEER's knowledge, information
and belief, the quality of such work is generally in
accordance with the Contract Documents (subject to an
evaluation of such work as a functioning whole prior to or
upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents and to
any other qualifications stated in the recommendation). In
the case of unit price work, ENGINEER's recommendations of
payment will include final determinations of quantities and
classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents).
2. By recommend i ng any payment ENGI NEER wi 11 not thereby be
deemed to ha ve represented tha t exhaust ive, cont i nuous or
deta i 1 ed rev i ews or exami na t ions have been made by ENGINEER
to check the quality or quantity of of Contractor(s)' work
as it is furnished and performed beyond the responsibilities
specifically assigned to ENGINEER in this Agreement and the
Contract Documents. ENGINEER's review of Contractor(s) 's
work for the purposes of recommending payment will not
impose on ENGINEER responsibility to supervise, direct or
control such work or for the means, methods, techniques,
sequences, or procedures of construction or safety
precaut ions or programs i nc i dent thereto or Contractor(s)
compliance with laws, rules, regulations, ordinances, codes
or orders appl icable to their furnishing and performing the
work. It will also not impose responsibility on ENGINEER to
make any examination to ascertain how or for what purposes
any Contractor has used the moneys paid on account of the
Contract Price, or to determine that title to any of the
work, materials or equipment has passed to CITY free and
clear of any 1 ien, claims, security interests or
encumbrances, or that there may not be other matters at
issue between CITY and CONTRACTOR that might affect the
amount that should be paid.
1.2.10. Contractor(s)I Completion Documents. (To be peformed by CITY)
ENGINEER shall receive and review maintenance and operating instructions,
schedules, guarantees, bonds and cerificates of inspection, tests and
approvals which are to be assembled by Contractor(s) in accordance with
the Contract Documents (but such review will only be to determine that
their content complies with the requirements of., and in the case of
certificates of inspection, tests and approvals the results certified
indicate compl iance with, the Contract Documents); and shall transmit
them to CITY with written comments.
1.2.11. Inspections. (To be performed by ENGINEER) ENGINEER shall conduct
an inspection to determine if the work is substantially complete and a
final inspection to determine if the completed work is acceptable so that
ENGINEER may recommend, in writing, final payment to Contractor(s) and
may give written notice to CITY and the Contractor(s) that the work is
acceptable (subject to any conditions therein expressed), but any such
recommendation and notice will be subject to the limitations expressed in
paragraph 1.2.9.2.
1.2.12. Limitation of Responsibil ities. (To be performed by ENGINEER)
ENGINEER shall not be responsible for the acts or commissions of any
Contractor, or of any subcontractor or supplier, or any of the
Contractor(s)' or subcontractor's or suppl ier's agents or employees or
any other persons (except ENGINEER's own employees and agents) at the
site or otherwise furnishing or performing any of the Contractor(s)'
work; however, nothing contained. in paragraph 1.1.1. thru 1.2.11.
inclusive, shall be construed to release ENGINEER from liability for
failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
1.3. Resident Project Reprsentation, Listing of the Duties, Responsibilities
and Limitations of Authority. (To be performed by CITY.)
.
ENGINEER shall
assistants and
Contractor.
furnish a Resident Project Representative (RPR),
other field staff to observe performance of the work of
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Through more extensive on-site observations of the work in progress and
field checks of materials and equipment by the RPR and assistants,
ENGINEER shall endeavor to provide further protection for CITY against
defects and deficiencies in the work of CONTRACTOR; but, the furnishing
of such services will not make ENGINEER responsible for or give ENGINEER
control over constru~tion means, methods, techniques, sequences or
procedures or for sa fety precautions or programs, or responsibil ity for
CONTRACTOR's failure to perform the Work in accordance with the Contract
Documents and in particular the speci fic 1 imitations set forth in
paragraph 1.2 of the Agreement are appl icable.
The duties and responsibilities of the RPR are limited to those of
ENGINEER in ENGINEER's agreement with the CITY and in the construction
Contract Documents, and are further limited and described as follows:
1.3.1. General (To be performed by CITY.)
RPR is ENGINEER's agent at the site, will act as directed by and under
the supervision of ENGINEER, and will confer with ENGINEER regarding
RPR's actions. RPR's dealings in matters pertaining to the on-site work
shall in general be with ENGINEER and CONTRACTOR keeping CITY advised as
necessary. RPR's deal ings with subcontractors shall only be through or
with the full knowledge and approval of CONTRACTOR. RPR shall generally
communicate with CITY with the knowledge of and under the direction of
ENGINEER.
1.3.2. Duties and Responsibilities of RPR (To be performed by CITY)
1. Schedules: Review the progress schedule, schedule of Shop
Drawings submittals and schedule of values prepared by CONTRACTOR
and consult with ENGINEER concerning acceptability.
2.
Conferences and Meetings: Attend meetings with
as preconstruct ion con ferences, progress
conferences and other project-related meetings,
circulate copies of minutes thereof.
CONTRACTOR, such
meetings, jOb
and prepare and
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist
in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as CITY's liaison with CONTRACTOR
when CONTRACTOR's operations affect CITY's on-site
operations.
b. Assist in obtaining from CITY additional details or
information, when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by
CONTRACTOR, and notify ENGINEER of availabil ity of samples
for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any
Work requiring a Shop Drawing or sample if the submittal has
not been approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to
assist ENGINEER in determining if the Work is in general
proceeding in accordance with the Contract Documents.
h. Report to ENGINEER whenever RPR bel ieves 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 ENGINEER of Work that RPR
believes should be corrected or rejected or should be
uncovered for observation, or requires special testing,
inspection or approval.
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c. Verify that tests, equipment and systems startu~s and
operating and maintenance training are conducted 1n the
presence of appropriate personnel, and that CONTRACTOR
ma inta ins adequate records thereof; and observe, record and
report to ENGINEER appropriate details relative to the test
procedure? and startups.
d.
Accompany
agencies
resul ts of
visiting inspectors representing public or other
having jurisdIction over the Project, record the
these inspections and report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when
clarifications and interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications and interpretations
as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and report with RPR's
recommendations to ENGINEER. Transmit to CONTRACTOR decisions as
issued by ENGINEER.
8. Records:
a. 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
Direct ive Changes, Addenda, Change Orders, Field Orders,
additional Drawings issued subsequent to the execution of the
Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project related
documents.
b. Keep diary or log book, recording CONTRACTOR hours on the job
site, weather conditions, 1 ist of job site visitors, daily
activities, decisions, observations in general, and specific
observation in more detail as in the case of observig test
procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all
CONTRACTORS, subcontractors and major suppliers of materials and
equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the
Work and of CONTRACTOR's compl iance with' the progress schedule
and schedule of Shop Drawings and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
c.
Draft proposed
obtaining backup
ENGINEER Change
Orders.
Change Orders and Work Directive Changes,
ma teria I from CONTRACTOR and recommend to
Orders, Work Directive Changes, and Field
10. Payment Requests: Review appl ications for payment with CONTRACTOR
for compl iance with the establ ished procedure for their submission
and forward with recommendations to ENGINEER, 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.
11. Certificates, Maintenance and Operation Manuals: 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 appl icable to the items actually installed and in
accordance with the Contract Documents, and have this material
del ivered to ENGINEER for review and forwarding to CITY prior to
final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to CONTRACTOR a 1 ist of observed items requiring
completion or correction.
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b.
Conduct final
CONTRACTOR and
corrected.
inspection in the company of ENGINEER, CITY, and
prepare a final I ist of items to be completed or
c.
Observe that
corrected and
acceptance.
all items on final I ist have been completed or
make recommendations to ENGINEER concerning
1.3.3. Limitations of Authority (To be performed by CITY)
Resident Project Representative:
1.
Shall not authorize any deviation from the
substitution of materials or equipment,
ENGINEER.
Contract Documents or
unless authorized by
2. Shall not exceed limitations of ENGINEER's authority as set forth in
the Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR's superintendent.
4. Shall not 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. Shall not advise on, issue directions regarding or assume control
over safety precautions and programs in connection with the Work,
6. Shall not accept Shop Drawing or sample submittals from anyone other
than CONTRACTOR.
7. Shall not authorize CITY to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or
inspections conducted by others except as specifically authorized by.
ENGINEER.
1.4. Operational Phase Services (To be performed by CITY)
1.4.1. Provide assistance in the closing of any financial or related
transaction for the Project.
1.4.2. Provide assistance in connection with the, refining and adjusting
of any equipment or system.
1.4.3. Assist City in training OWNER's staff to operate and maintain
the Project.
1.4.4. Assist CITY in developing systems and procedures for control of
the operation and maintenance of and record keeping for the Project.
1.4.5. Prepare a set of reproducible record prints of Drawings showing
those changes made during the construction process, based on the mark-up
pr i nts, drawi ngs and other data furn i shed by Contrac tor( s) to ENGINEER
and which ENGINEER considers significant.
1.4.6. In company with CITY, visit the Project to observe any apparent
defects in the completed construction, assist OWNER in consultations and
discuss ions with Contractor( s) concern i ng correct ion of such
deficiencies, and make recommendations as to replacement or correction of
defect ive work.
2.0. Estimated Compensation (To be performed by ENGINEER)
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and the ENGINEER on June 10, 1985 for
Additional Services and the latest AMENDMENT approved by City Council on
February 1, 1989. The estimated compensation to perform certain
Construction Contract Administration Services requested by the CITY for
the PROJECT is as follows:
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2.1 Summary of Estimated Compensation
2.1.1. Bidding Phase Services
Refer to
Auth. No. 3
$42,388
43,032
$85,420
of compensation by
2.1.2. Construction Contract Administration Services
2.1.3. Shop Drawing Review
Total Estimated Compensation
Exhibit A and B sets forth a detailed estimate
employee category, estimated hours, and salary cost.
2.2. Additional Engineering Services Requiring Authorization in Advance. (To
be performed by ENGINEER)
If authorized in writing by CITY, ENGINEER shall furnish or obtain from
others Additional Services of the types listed in paragraphs 2.2.1
through 2.2.13. inclusive. These services are not as part of Basic
Services, these will be paid for by CITY as indicated in the AMENDMENT TO
AGREEMENT approved by City Council on February 1, 1989.
2.2.1. Preparation of appl ications and supporting documents (in
addition to those furnished under Basic Services) for private or
governmenta 1 grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements;
reiew and evaluation of the effect on the design requirements of the
Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Project.
2.2.2. Services to make measured drawings of or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other
information furnished by CITY.
2.2.3. Services resulting from significant changes in the general
scope, extent or character of the Project or its design including, but
not limited to, changes in size, complexity, CITY's schedule, character
of construction or method of financing; and revising previously accepted
studies, report, design documents or Contract Documents when such
revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to the preparation of such
studies, reports or documents, or are due to any other causes beyond
ENGINEER's control.
2.2.4.
Providing renderings or models for CITY's ~se.
2.2.5. Preparing documents for alternate bids requested by CITY for
Contractor(s)I work which is not executed or documents for out-of-
sequence work.
2.2.6. Investigations and studies involving, but not limited to,
detailed consideration of operations, maintenance and overhead expenses;
providing value engineering during the course of design; the preparation
of feasibility studies, cash flow and economic evaluations, rate
schedules and appraisals; assistance in obtaining financing for the
Project; evaluating processes available for licensing and assisting CITY
in obtaining process licensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection
with construction performed by CITY.
2.2.7. Furnishing services of idependent professional associates and
consultants for other than Basic Services (which include, but are not
limited to, customary civil, structural, mechanical and electrical
engineering and customary architecural design incidental thereto).
2.2.8. Services during out-of-town travel required of ENGINEER other
than visits to the site or CITY's office.
2.2.9. Ass istance in connection with bid protests, rebidding or
renegotiating contracts for construction.
2.2.10. Providing any type of property surveys or related engineering
services needed for the transfer of interests in real property and field
surveys for design purposes and engineering surveys and staking to enable
Contractor(s) to proceed with their work; and providing other special
field surveys.
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2.2.11. Preparation of operating, maintenance and staffing manuals to
supplement Basic Services.
2.2.12. Preparing to serve or serving as a consultant or witness for
CITY in any litigtion, arbitration or other legal or administrative
proceeding involving t~e Project.
2.2.13. Additional services in connection with the Project, including
services not otherwise provide for in this Agreement.
2.3. Required Additional Services. (To be performed by CITY)
When requi red by the Contract Documents in circumstances beyond
ENGINEER's control, ENGINEER shall furnish or obtain from others, as
circumstances require during construction and without waiting for
specific authorization from CITY, Additional Services of the types listed
in paragraphs 2.3.1 through 2.3.6, inclusive. These services are not
included as part of Basic Services. ENGINEER shall advise CITY promptly
after starting any such Additional Services which will be paid for by
CITY .
2.3.1. Services in connection with work directive changes and change
orders to reflect changes requested by CITY if the resulting change in
compensation for Basic Services is not commensurate with the additional
services rendered.
2.3.2, Services in making revisions to Drawings and Specifications
occasioned by the acceptance of substitutions proposed by Contractor(s);
and services after the award of each contract in evaluating and
determining the acceptabil ity of an unreasonable or excessive number of
substitutions proposed by Contractor.
2.3.3. Services resulting from significant delays, changes or price
increases occurring as a direct or indirect result of material, equipment
or energy shortages.
2.3.4. Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during construction,
(2) a significant amount of defective or neglected work of any
Contractor, (3) acceleration of the progress schedule involving services
beyond normal working hours, and (4) default by any Contractor.
2.3.5. Services (other than Basic Services during the Operational
Phase) in connection with any partial util ization of any part of the
Project by CITY prior to Substantial Completion.
2.3.6. Evaluating an unreasonable or extensive number of claims
submitted by Contractor(s) or others in connecion with the work.
3.0. CITY'S RESPONSIBILITIES (To be performed by CITY)
CITY shall do the following in a timely manner so as not to delay the
services of ENGINEER:
3.1 Designate in writing a person to act as CITY's representative with
respect to the services to be rendered under this Agreement. Such person
shall have complete authority to transmit instructions, receive
information, interpret and define CITY's pol icies and decisions with
respect to ENGINEER's services for the Project.
3.2. Assist ENGINEER by placing at ENGINEER's disposal all available
information pertinent to the Project including previous reports and any
other data relative to design or construction of the Project,
3.3. Examine all studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by ENGINEER, obtain advice of an
attorney, insurance counselor and other counsultants as CITY deems
appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.4. Furnish approvals and permits from all governmental authorities
having juriSdiction over the Project and such approvals and consents from
others as may be necessary for completion of the Project.
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3.5. Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal
services as CITY may require or ENGINEER may reasonably request with
regard to legal issues pertaining to the Project including any that may
be raised by Contractor(s), such auditing service as CITY may require to
ascertain how or for what purpose any Contractor has used the moneys paid
under the construction' contract, and such inspection services as CITY may
require to ascertain that Contractor(s) are complying with any law, rulel
regulation, ordinance. code or order applicable to their furnishIng ana
performing the work.
3.6. If CITY designates a person to represent CITY at the site who is not
an engineer or ENGINEER's agent or employee, the duties, responsibilities
and limitations of authority of such other person and the affect thereof
on the duties and responsibil ities of ENGINEER and the Resident Project
Representative (and any assistants) will be set forth in an exhibit that
is to be identified, attached to and made a part of this Agreement before
such services begin.
3.7. Attend the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other job related meetings and
substantial completion inspections and final payment inspections,
3.8. Give prompt written notice to ENGINEER whenever CITY observes or
otherwi se becomes awa re of any development tha t a ffects the scope or
timing of ENGINEER's services, or any defect or non-conformance in the
work of any Contractor.
3,9. Bear all costs incident to compliance with the requirements of this
Section 3.
4.0 PERIODS OF SERVICE (TO be performed by ENGINEER)
4.1. The provIsIons of this Section 4 and the various rates of
compensation for ENGINEER's services provided for elsewhere in this
Agreement have been agreed to in anticipation of the orderly and
continuous progress of the Project through completion of the Construction
Phase. ENGINEER's obligation to render services hereunder will extend
for a period which may reasonably be required for the award of contracts,
construction and initial operation of the Project including extra work
and required extensions thereto. Specific periodS of time for rendering
services are set forth in Section 4.7. by which services are to be
completed are provided and if such dates are exceeded through no fault of
ENGINEER, all rates, measures and amounts of compensaion provided herein
shall be subject to equitable adjustment.
4.2. After acceptance by CITY of the ENGINEER's Drawings, Specification~
and other Final Design Phase documentation including the most recent
opinion of probable Total Project Costs and upon written authorization to
proceed, ENGINEER shall proceed with performance of the services called
for in the Bidding Phase. This Phase shall terminate and the services to
be rendered thereunder sha 11 be cons i dered compl ete upon commencement of
the Construction Phase.
4.3. The Construction Phase will commence with the execution of the first
prime contract to be executed for the work of the Project or any part
thereof, and will terminate upon written recommendation by ENGINEER of
final payment of the last prime contract to be completed.
4.4. The Operational Phase will commence during the Construction Phase
and will terminate one year after the date of Substantial Completion of
the last prime contract for construction, materials and equipment on
which substantial completion is achieved.
4.5. If OWNER has requested significant modifications or changes in the
general scope, extent or character of the Project, the time of
performance of ENGINEER's services shall be adjusted equitably.
4.6. If ENGINEER's services during construction of the Project are
delayed or suspended in whole or in part by CITY for more than three
months for reasons beyond ENGINEER's control, ENGINEER shall on written
demand to CITY (but without termination of this Agreement) be paid, If
such delay or suspension extends for more than one year for reasons
beyond ENGINEER I S control, or if ENGINEER for any reason is required to
render Construction Phase services in respect of any prime contract for
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construction, materials or equipment more than one year after Substantial
Completion is achieved under that Contract, the various rates of
compensation provided or elsewhere in this Agreement shall be subject to
equitable adjustment.
4.7. ENGINEER's anticipated project schedule is as follows:
4.7.1. Bidding Phase
a. Advert i se for Bi ds
b. Open Bids
c. Issue Recommendation to
Award Bid
February 21, 1989
April 5, 1989
April 18, 1989
4.7.2, Construction Phase
a. Award Contract
b. Commencement of Construction -
c. Substantial Completion
April 25, 1989
May 29, 1989
April 1990
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
AMENOMENT to AGREEMENT upon terms and conditions above stated on this
day of , 1989.
For the ENGINEER:
For the CITY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
CITY OF OELRAY BEACH
By:
By:
Doak S. Campbell, III
Mayor
Attest:
Attest:
Approved as to Form
City Attorney
- 10 -
w:A40-14-009.00
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[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.I. 1st STREIT, SUITE 4
<'17'_1;"*'
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DFLRAY BF^CH. !.'LOKIIl^ 3j4S3
3115l~43-7n9()
MEMOR1\.>;{DUM
D,..Le:
May 4, 1989
Fl'CJm~
Jeffrey S. Kurtz,
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Assistant City Attorney 'J
'l'C}:
Ci toY Commisr:;ion
"ubjcct: Comrcyance of 10 Feet of Property Lying From the
Waters Edge to the Boundaries i':)f Lot J, '.BJock K .3.3
Recorded in the Plat of John Reid's Village
Our office was contacted em May 2., 1989 by Marshall Conrad, a
Tallahassee attorney who represents the estate of Ewell G.
Pope. Apparently Mr. Pope owns some propeI:ty in the C:Lty ;)f
Delray Beach, specifically Lot 3 of Block K as set forth in t.he
plat of ,john Reid's Village and located between Venet.ian Avenue
and the intercoastal.
The est.ate of t1r. Pope was attempting to sell the property wit.h
a cl;)sing scheduled for May 8, 1989. Unfortunately, 2) problem
wa~; discovered when the survey revealed that Lot 3 did not
extend all the way to the intercoastal. 1-.pparently, a sea wall
had been constructed subsequent to the platting of the property
and land had been filled behind the sea wall, IDclking the
westerly boundary, of Lot 3, 10 feet from the waters edge. An
attempt had bee!'. made in the deed of conveyance to Mr. Pope to
g.rant him this piece of land, bu~: it appears that the City
probably was and is the title holder to that 10 foot strip.
A similar problem arose back in 1980 and at that time, the
City, by Quit-Claim Deed, conveyed an adjacent. 10 foot strip
along Lots 4, 5 and 6 of Block K to Predin Realty Company (a
copy of the Deed is attached for your review). Mr. Conrad, on
betJalf of his client, requests t.hat the City treat this
propeI.ty in a like manner and quit-claim our interest in Block
'3 t.O the estate, thus curing any potential title defec.ts.
This matteer has been discussed with the Interim City Engineer
Gat.es Castle and he has no object.ion to the conveyance of the
property. In fact,the City has been under the impression that
that property and the sea wall was owned by t.he owner of Lot 3,
and if maintenance were necessary. would be the responsibility
of said owner~
City Commission
May 4, 1989
Page 2
The conveyance of this property '"ill have to be advertised
pursuant to our ordinances 3.nd direction will be sought from
the Commission during the City Attorney's portion of the
comments and inqu i ries section of the M.ay 9 agenda. If the
Commission wishes to formally consider the conveyance of the
property, it would be advertised and placed on your agenda for
public hearing and a.pp!:oval on May 23, 1989. It. is suggested
that the price of such a conveyance be at least $100.00 to
cover thp cost.s of advert..ising and conveyance.
Should you have any questions concerning this mat.t.er, please do
not hesitate to contact our office.
.JSK: sh
Attachment.
ee: Walter O. Barry, City Manager
Frank Spence.. Dil'ect.or of Development Services
Gates Castle, In.terim City Engineer
MAY 02 '89 14:31 AUSLEY LAW
II
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[ITY DF DELAAY BEA[H
'00 N.W. 1st AVENUE
OELRAY BEACH FLORIDA 33444
407243.7000
PROCLAMA nOA
WHEREAS, the Congress and President of the United States
have designated May 15 as Peach Officers Meinorial Day, and the
week in which it falls as Police Week: and,
WHEREAS, the members of the Police Department of the
Ci ty of De lray Beach play an essential role in safeguarding the
rights and freedoms of the citizens of the City of Delray Beach:
and,
WHEREAS, it is important that all citizens know and
understand the problems, duties, and responsibilities of their
Police Department, and that members of our Police Department
recognize their duty to serve the people' by safeguarding life and
property, by protecting them against violence or disorder, and by
protecting the innocent against deception and the weak against
oppression or intimidation: and,
WHEREAS, the Police Department of the City of Delray
Beach has grown to be a modern and scientific law enforcement
agency which increasingly provides a vital public service,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of May
15-21, 1989, as
"POLICE WEEK"
:~
and call upon all citizens of the City of Delray Beach and upon
all patriotic, civic, and educational organizations to observe the
week with appropriate ceremonies in which all of our people may
join in commemorating police officers, past and present, who by
their faithful and loyal devotion to their responsibilities have
rendered a dedicated service to their communities and, in so
doing, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens.
I FURTHER call upon all citizens of the City of Delray
Beach to observe Monday, May 15, 1989, as
"PEACE OFFICERS MEMORIAL DAY"
in honor of those peace officers who, through their courageous
deeds, have lost their lives or have become disabled in the
performance of duty.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 9th day of May, 1989.
MAYOR
DOAK S. CAMPBELL
SEAL
5h
ORDINANCE NO, 30-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED FOC (PLANNED
OFFICE CENTER) DISTRICT IN RM-10 (MULTIPLE
FAMILY DWELLING) DISTRICT FOR ALL OF LINTON
LAKE, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 58, PAGES 40, 41 AND
42, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID LAND IS LOCATED ON THE
SOUTH SIDE OF LINTON BOULEVARD, BETWEEN
CONGRESS AVENUE AND THE E-4 CANAL, AND
AMENDING .ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983., 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 FOLLOWSI
Section 1, That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the RM-10 (Multiple Family Dwelling) District as defined in
Chapter 173 of the Code of Ordinances of the City of Oelray
Beach, Florida, to-wit I
All of LINTON LAKE, according to the Plat
thereof, as recorded in Plat Book 58, Pages
40, 41 and 42, of the Public Records of Palm
Beach County, Florida,
The subject property is located on the south
side of Linton Boulevard, between Congress
Avenue and the E-4 Canal,
The above described parcel contains a 57.568
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 Map of Delray Beach, Florida, to conform with the provi-
sions 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
immediately upon passage on second and final reading,
PASSED AND ADOPTED in reqular session on second and
final reading on this the day of , 1989.
MAYOR
ATTEST I
City Clerk
First Reading
Second Reading
Co
CITY
COMMISSION
DOCUMENTATION
TO: WALTER O. BARRY, CITY. AGER
~/?
VIA: FRANK R, SPENCE, DI CTOR
DEVELOPMENT SERVICES GROUP
()~~ J Vo~
FROM: DAVID J, KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FIRST READING OF A REZONING ORDINANCE
LINTON LAKES (MINTO) FROM poe TO RM-10
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval on first reading of an ordinance rezoning
57 acres of land from Planned Office Center to Multiple
Family Residential (RM-10).
The property is located at the southwest corner of
Congress Avenue and Linton Boulevard,
BACKGROUND:
Over one half of this site is currently developed for mUltiple
family housing (Springs Landing), The success of that
development has prompted the owners to continue the concept to
the balance of the site, The change in zoning is required in
order to build the entire site out in a residential manner. The
impact of the rezoning will be to exchange the development
potential from a 325,000 sq.ft. office complex to a 300 unit
multiple family housing development, A site plan submission
will follow action on the rezoning request, A sketch plan was
provided for illustrative purposes. Please see the full staff
report for more details on the project background, the analysis
of the rezone request, and comments on the proposed development
concept.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at a dUly noticed public hearing
held on April 17th. In addition to the applicant, two residents
spoke. Sam Schwimmer representing area development provided
support for the Change provided that the balance of the project
reflected the quality and character of the existing development.
Art Jackel cautioned the Board "to think hard" and warned that a
future request to Change to commercial would. be opposed, The
Board, on a vote of 5-1, recommended approval of the requested
rezoning.
RECOMMENDED ACTION:
By motion, approve ordinance 30-89 on first reading and set a
public hearing for May 9, 1989.
Attachment:
Staff Report for Agenda Item IV.D., P&Z Meeting of April 17th
.
REF/DJK#41/CCMINTO.TXT
PLANNING 8 ZONING BOARD
CITY OF DELRAY BEACH
~ETING ~TE:
APRIL 17, 1989
- - - STAFF REPORT
---
AGENl=I ITEM: IV. D
CONSIDERATION OF REZONING FROM POC TO RM-10 FOR LINTON LAKES lION THE SOUTH SIDE
ITEM:OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL.
GENERAL DATA:
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Section IV. Comparison 01 Rezonlnllmp8cts
Trip Generation
The analysis of the impact of the proposed rezoninl is based on I comparison of site
generated traffic. The currently approved land use mix includes 200 multi-family
dwelling units and 325.000 square feet of off"1Ce space. The rezoning eliminates the
office use, proposing 296 additional multi.family units, creating I residential only use
on the Linton Lakes n site.
Table 6 presents a comparison of the two land use development mixes to indicate the
difference in trip generation propensity. The analysis is based on the trip pneration
equations provided in the 4th Edition of the 1TE Trip Generation ManuaL
Table 6 shows that the proposed rezoninl will reduce site generated traffic by almost
2,000 vpd and by more than 450 trips and 390 trips during the AM and PM peale hour
periods respectively. Note that although the trip leneration analysis included in the
approved revised traffic study (June 1986) is based on the 3rd Edition of the ITE Trip
Generation Manual, a recalculation of the analysis shown on Table 6 with the 3rd
Edition rates results in similar findings.
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Table 7 provide. a comparison of the roadway links immediate 10 the Linton Lakes n
site. The Table show. that approved traffic may be reduced by as much as 1.000 vpd
on UnIOn Boulevard east of the project site enttancc.
Table 7. Project Aulp_..t C_p.,....
Road Locatio.
LinUlll Blvd NW 2nd Ave 10 1-95 624 "94
1-9510 Conpas Ave 2.164 1.207
Conpas Ave 10 Site Ent 2.058 993
Site Enl 10 Dover Rd 864 791
Dover Rd 10 Milirary Tr 672 5
1.95 N of AlIInlic Blvd 578 1 -432 .7".7'"
AlIInlic Ave 10 LinUlll Blvd 578 194 .3&4 -66......
. LinIOll Blvd 10 YIIlWO Rd 962 519 .....3 --46.
S of YIIlWO Rd 722 ..15 -307 -42.5 .,
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Conpas Ave N of AlIanlic Ave 192 .IJ I
AlIInlic Ave 10 LinUlll Blvd <480 ,35 I
LinlOll Blvd 10 Site EIll 668 -3
Site Ent 10 Clint Moore Rd 960 -61..
C. M~ Rd 10 YIIRI/O Rd 288 -162
The approved development apeement, based on the 200 multi-family unit and 32.5.000
square feet of office space development mix, required the Linton Lakes development 10
improve LinlOn Boulevard west of Congress Avenue The proposed rezoning of the
office use 10 residential and the acceleration of project buildout, shows this link will
not I'llCpIiN improvement at project buildout. Table .5. on page 10. shows the link
oJlCfllial at LOS "C" in 1990 and Table 7 above shows a reduction of 1,07.5 trips on
this link as . result of the rezoning.
-13-
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ORDINANCE NO, 31-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RH (MEDIUM HIGH
TO HIGH DENSITY DWELLING) DISTRICT IN RO
(RESIDENTIAL OFFICE) DISTRICT FOR LOTS 9 AND
10, BLOCX 5, SILVER TERRACE, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE
61, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID LAND IS LOCATED ON THE
SOUTH SIDE OF S.E. 10TH STREET, BETWEEN PARK
AVENUE AND MIAMI BOULEVARD, AND AMENDING
.ZONING MAP OF DELRAY BEACH, FLORIDA, 1983.,
PROVIDING A GENERAL REPEALER CLAUSE, PROVID-
ING 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 173
of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
Lots 9 and 10, Block 5, SILVER TERRACE,
according- to the Plat thereof recorded in
Plat Book 11, pag-e 61, of the Public Records
of Palm Beach County, Florida,
The subject property is located on the south
side of S,E, 10th Street, between Park Avenue
and Miami Boulevard,
The above described parcel contains a 0,30
acre parcel of land, more or less,
Section 2, That the Planning- Director of said City
shall, upon the effective date of this ordinance, chang-e the
Zoning- Map of Delray Beach, Florida, to conform with the provi-
sions 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 parag-raph, 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
immediately upon passag-e on second and final reading-,
PASSED AND ADOPTED in reqular session on second and
final reading- on this the day of , 1989,
MAYOR
ATTEST:
City Clerk
First Reading-
Second Reading-
7
C I T Y
COM MIS S ION
DOCUMENTATION
TO:
WALT~Y~C~~AG~:~
FRANK R. SPENCE, DIRECTOR
~ELOPMENT SERVICES GROUP
~~~ ~uws-
DAVID J, KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FIRST READING OF A REZONING ORDINANCE
A PARCEL IN SILVER TERRACE FROM RH TO RO
VIA:
FROM:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval on first reading of an ordinance rezoning
a .3 acre parcel from High Densitv Residential to
Residential Office (RO).
The property is located on the south side of SE 10th
Street between Park Avenue and Miami Boulevard.
BACKGROUND:
This rezoning action is requested in order to accommodate
a business office and counseling office(s) along with permitted
uses allowed in residential zone districts. The area was annexed
to the City through the Enclave Act. The current use of the
property is for housing in a duplex. Please refer to the staff
report for more background and an analysis of the rezoning
request.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at a duly noticed public hearing
held on April 17th. June Carr, activist from the Silver Terrace
area was supportive of the rezoning and suggested that the entire
subdivision be so zoned. The Board, on a . ~ unanimous vote of
5-0, recommended approval of the requested rezoning.
RECOMMENDED ACTION:
By motion, approve ordinance 31-89 on first reading and set a
public hearing for May 9, 1989.
Attachment:
Staff Report for Agenda Item IV,E., P&Z Meetfng of April 17th
REF/DJK#41/CCSILVER.TXT
.
PLFf\.lN I NG 8 ZON I NG BOARD
C I TV OF OELRAY BEACH
MEETII\6 ~TE: April 17, 1989
AGeO=I ITEM: IV. E
STAFF REPORT
---
ITEM:
SILVER TERRACE ~EZONING. RH to RO
GENERAL DATA:
OWDer...........................C&rOl. L. aura.
-'"nt.......................... ._ld I. Ralph
Loo.tiOft..,........,.........,..SOUtboe.t corDer of S.I. 10th
SUMt AIllI IU.AII1 .....l...rd.
-- IU.AII1 .....l..ud AIllI Puk
A........
~ al8e...................13,Z7' 14. f~. (.30 Acrea)
-
Citl' Laad - P1aa............ ..11I'-8 11ll1ti-PAII11r Up Daaityl
Ia1at1ll9 C1q -...r.............. (~__Up to Up DaaUl'
~lliD9 Di.trictl
Pr_ Cit1' -...r............1IO 1".1cIaDtial Office Di.trict/
Ad:laceat ZoaiDg............... ..Ilo~th of tile 8Ub:lect propan)' 10
lonod 1-1A CSiD91e-rAll111'
Dloollinq Dlot~ict/. SOUth,...t
AIllI ....t i. lOlled ...
Ixi.ttng LaDd u..,...,..........A .ingle fAll11r ~e.i4eace _
11189.111' .ubdivldod lnto 2 ~t.
P~opoaed LaDd u......,..........Civic .ctivltie. lDCludiag abuaod
apouae r..ldence and expecrtut
mother. ..rvic.. witb attendaDt
ottic.. tor "81rthllne- ADd
"Reapect for Life".
Water Service...................lxl.tlft9 I. water ..1n t. loc.~
on the north ald. of 5.1. 10th
Street. 'l'applft9 tnto '" ..1n
..111 ~oqui~e ,...11. AIllI bo~lD9
unde~ S.I. 10th St~..t.
SOWe~ 5a~ico,.......,..........lxi.tlD9 Oft-.lte
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UT....ID etJt.9. SILVER TERRACE; aCCOrding to the plat thereof recorded In Plat Book 11.
Page 61, of ,.1ht Public Records of Palm Belch County, Florida.
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~.O'IIII. ft. ""0.. IItGfIr ....... 'UDnn 1'0 'nIC QUALIPICATUI.. ItOI'ID
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- N. U..
ORDINANCE NO, 32-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
17, -LAND USER, CHAPTER 173, -ZONING CODER,
SECTION 173,001, -DEFINITIONS-, OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW SUBSECTION -DE-
PARTMENT STORE- TO PROVIDE A DEFINITION FOR
SAID USE, AND FURTHER AMENDING TITLE 17,
-LAND USER, CHAPTER 173, -ZONING CODER, -LC
LIMITED COMMERCIAL DISTRICT-, SECTION
173,556, -PERMITTED USES-, SUBSECTION (B), OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY LIMITING DEPARTMENT STORES
TO 20,000 SQUARE FEET OR LESS, 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 Title 17, -Land UseR, Chapter 173,
-Zoning COde-, Section 173,001, -Definitions-, of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by enacting a new subsection, -Department
StoreR, to read as follows:
-DEPARTMENT STORE. - A retail establishment
conducted within one building and which
provides for the sale of specialty items
(e,g, hardware, clothing, toys, auto accesso-
ries, kitchen/bath accessories, appliances,
cards, etc,) in individual departments which,
generally, have a separate cashier, However,
· central cashier system may be used, This
definition does not preclude the sale of
apecialty items on an incidental basis in a
general retail establiShment, nor does it
apply to a retail establishment of less than
5,000 square feet,
Section 2, That Title 17, -Land Use-, Chapter 173,
-Zoning CodeR, -LC Limited Commercial District-, Section 173.556,
-Permitted Uses-, Subsection (B), of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) The fOllOWing are permitted uses in the
LC District:
Antiques
Art galleries, supplies and cr~fts
Auctions
Bakeries
BarberShops
Bath shops
Beauty shops
Bookstores
Broadcasting studios
Buainess machines, including service
Business offices
Caterers
Cheese shops
Confectioneries
Cosmetics
Delicatessens
Department stores, of 20,000 square feet
~ ~ss ~
Draperies and slipcovers
Drugstores
Dry cleaning, limited to 1,500 square
feet, customer pick-up only
Dry cleaning pick-up stations
Exercise facilities
Fabric stores
Family day care as defined in Sec,
173,001
Financial institutions, including
drive-in facilities
Florists
Food stores
Gift shops
Health foods
Hearing aids
Hobby shops
Home furnishings
Ice cream parlors
Import shops
Interior decorator shops
Jewelers
Leather goods
Libraries
Luggage
Multiple-family projects or dwelling
units, not exceeding 50' of the gross
floor area, in conjunction with
cOmmercial purposes consistent with
this district, These projects shall
comply with the district regulations
for the RM-15 District, except for
setbacks and height which shall be as
specified in this District, and are
subject to site and development plan
approval (see Sections 173,865 through
173,870)
Museums
Music shops
Newsstands
Optical equipment
Parking lots and parking garages
Photographic equipment and supplies
Photographic studios
Professional offices
Restaurants
Sewing supplies
Single-family residences located on the
same parcel of land as the commercial
use
Sporting goods
Stationery
Tailoring
Tobacconists
Toy shops
Travel agencies
TV sales and repair
Wearing apparel and accessories for men,
women and children
.
Section 3, That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed,
Section .. , 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,
- 2 -
Ord. No. 32-89
Section 5, That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989,
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
- 3 -
Ord. No. 32-89
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
WALTER O. BARRY, ,~~~~R
~~if
FRANK ~: SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
VIA:
FROM:
~~YO~~~ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FIRST READING OF A ZONING TEXT AMENDMENT ORDINANCE
DEFINITION OF DEPARTMENT STORE, MODIFICATION TO L,C.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval on first reading of an ordinance changing
the code to define "department store" and limiting
such use to 20,000 sq.ft. within the LC zone district,
BACKGROUND:
This ordinance was prepared at the direction of the Commission in
response to citizen concerns about the intensity of use allowed
in the L,C, zone district.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item previously and recommended that
more substantial changes be enacted. However during worksession
revie~ the Commission scaled the Change back to that which is now
before you.
RECOMMENDED ACTION:
By motion, approve ordinance 32-89 on first reading and set a
public hearing for May 9, 1989.
REF/DJK#41/CCLC.TXT
()
()
ORDINANCE NO, 33-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLOlUDA, AMENDING TITLE X:V, "BUILDING
REGULATIONS", CHAP'l'ER 162, "SIGNS AND BILLBOARDS",
"PERHI'l"l'EI) SIGNS; REGULATIONS", SECTION 162,035,
"SIGNS PERMI'l"l'EI) AND REGULATED IN ZONING DISTRICTS",
SUBSECTION (F), "C~CIAL DISTRICTS", SUB-SUBSEC-
TION 11), "SHOPPING CENTERS ONLY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW SUB-SUB-SUBSECTION (c) TO ALLOW FOR
SIGNS IN A BREEZEWAY AND S.I!;.n'.ufG FORTH THE CRITERIA
FOR SUCH SIGN; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMIIISSIOIf OF THE
CITY OF DELRAY BEACH, FLOlUDA, AS FOLLOWS:
Section 1. That Title X:V, "Building Regulations", Chapter
162, "Signs and Billboards", "Permitted Signs; Regulations", Section
162,035, "Signs Permitted and Regulated in Zoning Districts", Subsection
(F), "COIIIIIIercial Districts", Sub-Subsection (1), "Shopping Centers Only"
of the Code of Ordinances of the City of Delray Beach, Florida be in
same is hereby amended by enacting a new sub-sub-subsection (c) to be
Section 162,035IF)(1)(c) to read as follows:
(c) In Shopping centers which contain a breezeway, each unit
of the Shopping center located within a breezeway shall be allowed
one sign in lieu of the permitted wall sign upon the following
terms and conditions:
1. The in lieu of sign for each unit within a breezeway
shall be located at the front entrance of the breezeway;
2, The sign face shall not exceed 10 square feet,
3,
This paragraph (c) shall not be appliCable to any
enclosed mall;
Notwithstanding any other provisions in this Chapter 162,
the additional signage permitted herein shall. not be
construed to be an off-premise sign or any other type of
sign which might otherwise be prohibited under this
Chapter 162.
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4.
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Section 2, That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed,
Section 3 . 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 shal.l. not affect the validity or ~e r-inder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 4. That this ordinan,... shall become effective ten
(10) days after its passage on second and final reading,
PASSED AND ADOP'rED in regular session on second and final
reading on this the _ day of , 1989,
4
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MAYOR
ATTEST:
City Clerk
First Reading April 25, 1989
Second Reading
1
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MEMORANDUM
TO:
Walter
~Robert
O. Barry, City Manager
/
/
FROM:
A. Barcinski, Asst. City
/
/
/~,J1nager /Community
Services
DATE:
May 2, 1989
SUBJECT: Documentation City Commission Meeting May 9, 1989
Public Hearing - Old School Square Street Auction
ITEM BEFORE COMMISSION
City Commission is requested to
addition of S. E. 2nd Avenue
three (3) blocks to the list of
Auction.
conduct a public hearing and approve the
from Atlantic Avenue south approximately
streets for the Old School Square Street
BACKGROUND
Old School Square, Inc. has requested the addition of S.E. 2nd Avenue to
the list of approved streets and alleys for the auction to be held on
May 20, 1989. The public hearing has been advertised in local newspapers
and property owners have been noticed individually by the Old School
Square staff. There are fourteen (14) businesses and one (1) residential
unit on this street.
RECOMMENDATION
Staff recommends City Commission conduct the public hearing and approve
the addition of S.E. 2nd Avenue from Atlantic Avenue south approximately
three (3) blocks to the list of streets for the Old School Square Street
Auction.
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ORDINANCE NO, 34-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND
USAGE", CHAPTER 172, "ZONING CODE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING SECTION 173.921, "CONGRESS AVENUE WIDENING
DEVELOPMENT REGULATIONS"; PROVIDING A MECHANISM TO
LESSF.N THE IMPACT OF THE CONGRESS AVENUE WIDENING
PROJECT ON EXISTING DEVELOPMENT; PROVIDING CRITERIA
FOR ELIGIBLE PROPERTIES; PROVIDING POWER FOR THE
PLANNING AND ZONING BOAAD TO GRANT CERTAIN VAR!-
ANCES; PROVIDING THAT THIS ORDINANCE SHALL HAVE NO
EFFECT BEYOND A CERTAIN DATE; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a unique situation has been created by the widening
of Congress Avenue, a County Minor Arterial roadway, in which the
property has been taken for right-of-way purposes., said taking involving
preViously developed property; and,
WHEREAS, in many instances, the taking of right-of-way has
created nonconforming site development situations which upon redevelop-
ment or consideration of additional conditional uses are to be made
conforming; and,
WHEREAS, the nature of potential redevelopment is such that
some of the newly created nonconforming situations may need to remain,
to some degree, in order to property accommodate competing needs of the
general health, safety, and welfare of the public; and,
WHEREAS, the variance procedures through the Board of Adjust-
ment, pursuant to Section 173,917, is inadequate to deal with these
conditions in a uniform and expeditious manner.
NOW, THEREFoRE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 17, "Land Usage", Chapter 173, "Zoning
Code", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by enacting a Section 173.921, "Congress Avenue
Widening Development Regulations" to read as follows:
Chapter 173.921 Conqress Avenue Wideninq Development Requlations
(A) Purpose,
The City Commission has determined that the widening of
Congress from two to six lanes in the years 1988 and 1989 has
created unusual impacts upon previously developed properties and
that in order to provide a vehicle for the equitable and efficient
processing and approval of development orders, it is necessary and
appropriate to establish a special land use review and approval
procedure for such impacted properties,
(B) Identification and Criteria for Eliqible Properties:.
(1) Location Criteria: The provisions of this ordinance
shall be applicable to any property, the boundaries of which were
impacted by a taking or right-of-way or by physical improvements,
associated with the widening of Congress Avenue as undertaken by
Palm Beach County in the calendar years of 1988 and 1989; and which
meet the other eligibility criteria of this section,
It.
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( 2) Impact Prerequisite.: The property must have been im-
pacted by the widening project in such a way as to have created a
nonconforming situation or to have made an existing nonconforming
situation greater. The provisions of this Chapter shall not apply
to the following:
a. Establishment or continuation of uses;
b. Property which was vacant and which is proposed for new
development;
c. Property which will be totally redeveloped through the
removal of existing improvements and the construction of
new facilities and improvements. For the purpose of this
section, "tota.lly redeveloped" shall mean that demolition
or removal of existing improvements shall be of a value
equate to or greater than 50\ of their value prior to
demolition or removal.
d. Variances ~r development review for modification to
existing structures which do not involve a nonconforming
situation.
(C) Special Review Process.
( 1 ) ExPanded Powers to the Plannina and Zoninq Board:.. For
property eligible under this section, the Planning and ZOning Board
shall exercise the following powers and authority in-lieu of the
Board of Adjustment and the Community Appearance Board:
a, 173.916(G)(2) Power to Grant Variances
b. 173,917 Variances
c. 152.40 Criteria for Community Appearance Board Action
d. 152.15 through 152,25, inclusive, Community Appearance
supplemental criteria and procedural rules
e. 159.01 through 159.33, inclusive, Landscaping
( 2 ) COmbination of Review Procedures: Whenever review is
permitted or required by the Planning and Zoning BOard, pursuant to this
Chapter, said review shall be combined with the "Site and Development
Plan Approval" procedures of Section 173.86. However, individual
application forms, submittal materials, and processing fees as required
for Board of Adjustment and Community Appearance Board review and action
are required and shall be provided concurrent with the site and develop-
ment plan application,
(D) Sunset Provisions:
Unless extended by action of the City Commission through modifica-
tion of this section, the provision of this section shall become
void on June 1, 1994.
Section 2. That all ordinances or parts of ordinances wh~ch
are in conflict herewith are hereby repealed,
Section 3. 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 or part thereof other than the part declared to be invalid.
Section 4, That this ordinance Shall become effective ten
(10) days after its passage on second and final reading,
.
2
ORD, NO, 34-89
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PASSED AND ADOPTED in regular session
reading on this the ____ day of
on second and final
, 1989.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
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ORD,i NO, 34-89
'. '....
.1
C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY, CITY MANAGER
~~~~"'/i'/!7~
F~R:' SPENCE',- DIRECTOR
~ELOPMENT SERVICES GROUP
~J YDueL~
DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
MEETING OF MAY 9, 1989
ORDINANCE RE SPECIAL REVIEW PROCESS - CONGRESS AVENUE
VIA:
FROM:
SUBJECT:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval on first readinq of an ordinance which conveys
special review and approval authority to the Planning
and Zoning Board for properties impacted by the
widening of Congress Avenue.
BACKGROUND:
During the process of obtaining appraisals for land taken with
the widening of Congress Avenue, it became apparent that undue
hardships would be created on certain properties. In order to
deal effectively with this situation, the Commission, at a
work session in November, 1988, gave direction to create a
special review and approval process for such impacted properties.
The features of the process include:
consolidation of Board of Adjustment powers and certain
C.A.B, powers into the Planning and Zoning Board;
applies only to property impacted by the widening;
does not apply to new development or total
redevelopment;
automatic sunset provision of June 1, 1994.
PLANNING AND ZONING BOARD ACTION:
The Board has not addressed .this particular matter.
of the Commission work session (November) certain
were in attendance. Board action is not required.
At the time
Board Members
RECOMMENDED ACTION:
By motion, approval of the Ordinance on first reading and set a
public hearing date for either May 23rd or June 13th,
Attachment:
Ordinance prepared by the City Attorney's Office
REF/DJK#45/CCCONG.TXT
C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY, CITY MANAGER
~~-----(/1 ~
FRANK/R. SPENCE; DtRECTOR
DEVELOPMENT SERVICES GROUP
~14~~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT:
MEETING OF MAY 9, 1989 ** CONSENT ITEM **
APPROVAL OF WAIVERS, ANDOVER SECTION III PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is
approval of wa~ vers of certain aspects
preliminary plat for the Andover Subdivision,
III.
that of
of the
Section
BACKGROUND:
Andover Subdivision was initially approved in 1985. The project
is developed in phases with this being the final phase, Certain
waivers were granted with the first phases and they should apply
tOday. However, there was not previous action which extend such
approvals to this final phase. The code provisions for which
waivers need to be considered are:
reduction in right-of-way from 50' to 40';
reduction in pavement width from 24' to 20';
elimination of requirement of a sidewalk on both sides
of the street system in favor of a requirement for one
6' pathway along the street system.
PLANNING AND ZONING BOARD ACTION:
At it's meeting of April 17th, the Board had the preliminary plat
before it. After approving the preliminary plat, the Board in a
separate action recommended that the City Commission grant the
waivers as requested.
RECOMMENDED ACTION:
By motion, grant waivers from Code Sections 172.16(P), 102.22(A),
and 172.17 (A) thus allowing a 40 foot right-of-way, a 20 foot
pavement section, and a 6' foot pedestrian way in lieu of
sidewalks on both sides of the street system.
Attachments:
P&Z cover sheet, overall concept plan, Phase III Plat
REF/DJK#45/CCANDO.TXT
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~LHNNING 8 L0N I NG BOARO .j
CITY OF OELRAY BEACH
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fEETII'I6 ~U:: APRIL 17, 1989
--- STAFF REPoRT ---
fIGEN:):1 ITEM: v. C
CONSIDERAnON OF PRELIMINARY PLAT APPROVAL FOR ANDOVER SECTION III SOUTH OF
ITEM: GEIlHANTOWN ROAD. JUST NORTHEAST OF THE DEL-AlRE GOLF CLUB
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~at...~",.,',.".".",22."2 Aare8 (987.157 Sq, ft,J
C1tJ' Land --PlaIa...........,..SF (S1.aglerD11yJ
c:lt7 ...f......................a_lAA (81Dgle-paa11y Dwell1ng
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MUlt1Ple-ra.11y Dwelling
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Propoaed Land u..,.""",..",,51 .in91. family lot.
Water Serv1c:e...................Requ1r.. extension of 8". water
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raain whic:h traWlr... the ~l,
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RESOLUTION NO, 14-89
11. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE CHIEF JUDGE
OF THE FIFTEENTH JUDICIAL CIRCUIT IN 1I.ND FOR PALM
BEACH COUNTY, FLORIDA and THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLOIUDA, PROVIDB
FOR THE HOLDING OF JURY TRIALS AT THE NEW SOUTH PALM
BEACH COUNTY COURTHOUSE, PRESENTLY UNDER CONSTRUCTIOlf
ON ATLANTIC AVENUE IN THE CITY OF DELRAY BEACH,
FLORIDA, 1I.ND IN ORDER TO FACILITATE SAID JURY
TRIALS, PROVIDE FOR THE CREATION OF A SEPARATE JURY
DISTRICT FOR SOUTHERN PALM BEACH COUNTY,
WHEREAS, Article V, Section 20 (C)(9) of the Constitution
for the State of Florida provides that a municipality may apply to
the Chief JUdge of the Circuit Court of Palm Beach County to enable a
Court to sit within a municipality,
WHEREAs, the County Commission for Palm Beach County has
provided for the construction of a new court facility on Atlantic
Avenue in the City of De1ray Beach, Florida,
WHEREAS, the construction of the new court facility on
Atlantic Avenue in the City of Delray Beach, Florida, is scheduled
for completion in 1990,
WHEREAS, Florida Statutes, Chapter 40, "Jurors and Payment of
Jurors and Witnesses", Section 40.015, "Jury Districts, Counties
Exceeding 50,000", provides that any "county having a population
exceeding 50,000 accorc1i.ng to the last decennial census and. one or
more locations in adc1i.tion to the county seat at which the County or
Circuit Court sits and holds jury trials, the Chicf JUdge, with the
approval of a majority of the Circuit Court JUdges of the Circuit, is
authorized to create a jury c1i.strict for each courthouse location,
from which jury lists shall be selected in the manner presently
provided by law",
WHEP.EAS, the City Commission of the City of Delray Beach,
Florida wishes to afford the citizens. and residents of the City of
De1ray Beach, Florida, neighboring municipalities and Southern Palm
Beach County, Florida, the convenience of having jury trials at the
new courthouse facility on Atlantic Avenue in Delray Beach, Florida
and, thus, seeks the creation of a separate jury district for the
Southern part of Palm Beach County to facilitate said jury trials.
WHEREAS, that the hOlding of jury trials at the South County
Courthouse will enhance the redevelopment of the Downtown area of the
City of Delray Beach, Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1., The Ci ty Commission hereby applies to the Chief
JUdge of the Fifteenth JUc1i.cial Circuit in and for Palm Beach County,
Florida for the ability to hold jury trials at the soon to be com-
pleted new Courthouse facility on Atlantic Avenue in the City of
Delray Beach, Florida,
Section 2. That to facilitate the holding' of jury trials at
the new Courthouse facility, under construction on Atlantic Avenue in
the City of Delray Beach, Florida, the City Commission of the City of
De1ray Beach requests that a separate Jury District be created for
the southern portion of Palm Beach County, pursuant to Florici&
Statutes, Section 40.015, (1987), to facilitate the holding of said
jury trials at the new Courthouse facility located within the City of
DelraY"ach, Flor1.a. (j(
. ~,
Section 3, That the intent of the City Commission's request
for the holding of jury trials at the new South County Courthouse and
a separate jury district to facilitate said jury trials at the new
courthouse facility on Atlantic Avenue within The City of Delray
Beach, Florida, is to make the Court's services convenient for the
citizens and residents of neighboring municipalities, The City of
Delray Beach and southern Palm Beach County and to encourage the
further revitalization of Atlantic Avenue, the Central Business
District, and the City of Delray Beach, Florida's Downtown area,
of
PASSED AND ADOPTED in regular session on this the
1989,
day
MAYOR
ATTEST:
City Clerk
[ITY DF DElAAY BEA[N
CITY ATTORNEY'S OFFICE ,.. , , . "'<1 I I SI I II "
1'1 I [{ \~ HI \( II. II/JR.!U,\ 3,\.tiL'
.~II_':; ~~3. :(jl./I,
ME..1VfORJ\NDUM
Date:
April 28, 1939
To:
City Cormnission
From:
Susan A. Ruby
SUbject
Creation of Jury District for South Palm Beach County
Aft.er contacting the Florida League of Cities, the Florida
Association of Counties, the Florida Clerks Association and
various County Attorneys, our office discovered that Okaloosa
County (1st Circuit), Brevard County (8th Circuit), Volusia
County (7th Circuit), Pine lIas County and Pasco County ( 6th
Circuit), hold jury trials in a Courthouse located elsewhere
than the County seat.
Don Howard, Chief County Clerk for Okalossa County stated that
jury t,rials, both Civil and Criminal, are held in the County
seat in Crestview as well as in the County Annex located in the
Shalimar/Ft. Walton Beach area,
Filing is accomplished at either location, but recording is
done only at the County seat, Mr. Howard indicated that they
have separate jury districts for each location, which was
accomplished by an administrative order issued by the Chief
Judge. Okalossa County has been prOViding for jury trials in
separate locations since the early 1970's, Mr. Howard will be
forwarding to our office administrative orders along with other
pertinent information which our office will provide to you
prior to your meeting on this matter, if the materials are
timely received from Mr. Howard.
Brevard County holds jury trials in Titusville (the County
seat) Melbourne and Rockledge, each having a separate jury
district. Brevard County established the separate jury dis-
tricts by administrative order issued. by the Chief JUdge.
Volusia County holds County and Circuit Court jury trials in
Daytona Beach and Deland (the County seat), but they do not
have separate jury districts for each branch court.
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City commission
April 28, 1989
Page 2
Our research indicates, that Dade County has considered the
creation of separate jury districts for ancillary Courthouses
and the holding of jury trials in more than one location about
8 months ago, however, Dade County decided not to proceed for
administrative reasons and not because of a legal prohibition,
Florida Statute Section 4Q,015 indicates that a separate jury
district may be created for a satellite Courthouse, while
Florida Statute Sec, 125.222 indicates that only non-jury
trials may be held at satellite Courthouse locations, There is
no case law interpreting these particular statutes, However,
Okaloosa, Brevard, VOlusia, Pine lIas and Pasco County, as well
as Dade County have not viewed the statutes as an impediment to
hOlding jury trials in two locations within a Circuit,
Therefore, in accordance with the City COlllllission direction,
our office has drafted the attached resolution which petitions
the Chief JUdge and the Palm Beach County Commission for Palm
Beach County to create a separate jury district to facilitate
the holding of jury trials at the South County Courthouse now
under construction on Atlantic Avenue, in order to provide for
the convenience of South County residents and to promote
downtown development. This resolution does not petition the
Chief JUdge to provide for filing at the South County Court-
house. A subsequent resolution requesting filing to occur at
the South County Courthouse can be accamuodated at a future
date, but our office thought that at this time, such a request
included in this resolution may administratively overwhelm the
Chief Judge and the Clerk of the Court causing them to reject
the proposal for a separate jury district for the purpose of
holding jury trials in southern Palm Beach County,
Should you have any questions or concerns regarding this matter
please do not hesitate to contact me.
By copy of this memorandum to Wal ter O. Barry, City Manager,
our office requests that this Resolution be plaCed on the
~989 City Commission Agenda,
~rs
c~' Walter O. Barry, City Manager
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[ITY DF DELRAY HEA[N r;. ~i~'~
CITY ATTORNEY'S OFFICE 31n S.l. hi STRIFT. SUIT14 IlILRAY HEACH,ILORIDA 334S3
3().'i/~43.7n9n
'" E~ORANDUI-l
0ate: May 3, 1989
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: City Hall Expansion Contract
At a previous meeting of the City Commission, the City Commis-
sion approved in concept a change in the scope of work for the
City Hall Expansion.
At this time, our office, in order to meet legal technicalities
of having funding available for the entire project cost at the
time of contract approval, and for the purpose of adding
amendment Number One to the original contract, evidencing the
changed scope of work, are placing the contract and amendment
before you for your approval and also seek the designation of
available funding for the entire project cost.
The original contract deleting the colonade, chair allowance,
stair-widening allowance, picture framing allowance but includ-
ing retrofit for fire sprinklers, new fire water main and
hydrants, the south addition, clock tower and 125\ bonding
requirement, and completion of the North parking lot was in the
amount of $2,347,333.00
Amendment No.1 deletes the south addi tien, the clock tower and
revises the bonding req\lirement to 100\, includes a lesser
price for the completion of the north parking lot and makes
other technical changes which reduces the original contract
price resulting in a revised contract price in the amount of
$1,893,857,00.
Additional costs not .included in the contract price include
telephone system voice/data cabling, upgrade of present Essex
telephone system, the City aquiring a Builders Risk Insurance
Policy as well as professional fees. Digby Bridges has reduced
his fce from $184,000.00 to $178,000.00, There are additional
supplement.al fees for changes. contact management and
reimbursables which amount to total additional costs in the
amount of $345,000.00. The cost of the project including the
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City Commission
May::, 1989
Page 2
contract as amended plus the additional costs not
the Sessoms-Grice, Inc. contract is in the
$2,238,857.00 (excluding Builders Risk Insurance),
included
amount
in
of
Due to the legal requirement, which requires entire project
cost of $2,238,857.00 (which includes a $50,000,00 contingency)
to be funded at the time of contract approval, we require
identification of eXisting funding sources,
The Utility Tax Revenue Bond of 1987 provides for 1.5 million
dollar expenditure, leaving an approximate $800,000.00 balanc-
es, which needs to be funded. The closing on the letter of
credit, which would provide these funds, is not expec~ed until
June of 1989. Therefore, in order to meet the legal require-
ment of having full funding available at the time of contract
approval, our office would suggest that the City pledge pro-
ceeds from the 1987 Utility Tax Bond plus ~aoo,ooo.OO from the
General Fund unrestricted fund balance, to be reimbursed, if
necessary, or replaced with funds obtained from the letter of
credit.
Therefore, the Commission should vote to approve the contract
and Amendment No.1 thereto and vote to approve the funding
sources which would cover the total cost of the contract,
By copy of this memorandum to Walter Barry, City Manager, our
office requests the contract Amendment No,1 and the matter of
funding source designation be placed on the City Commission
agenda of May 9, 1989.
Should you have any questions regarding this matter please do
not hesitate to contact our office.
OFFICE OF THE CITY ATTORNEY
CITY.OF'-DELRAY BEACH ,~LORIDA
By: /
SAR:rs
c~' Walter o. Barry, City Manager
Fletcher Sessoms
Digby Bridges
Attachments
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.".MENDMENT Nt). 1
1. Delete entire south bUilding addition
2. North addition to remain as designed with following
revisions: Rooms 146, 145, 144. 143, to be revised to
house conference room
3. Delete landscaping additions, relocations, removals _
south building addition.
4. Delete all utilities underground work at south
addition - Olsak & Associates drawing 2 Of 8
5. Include sidewalk to south addition _ Olsak &
Associates drawing 2 of 8
6. Include paving overlay, new storm drainage, sod
replacement as shown in Civil drawings 2 of 8 - Olsak
& Associates drawing 2 of 8
7. Include 8" pvc stub out only from C,8,2 to grass area
at new sidewalk - olsak & Associates drawing 2 Of 8
8. Delete clock tower in entirety - extend wood trusses
Sheet A-10 and A-19 .
9. Include Alternate 111 parking lot addition northend _
'include storm drainage, landscaping, paving _ Olsak &
Associates drawing 3 of 8, A-I and L-l
10, Revise 12" stabilized subgrade to compacted subgrade
Alternate #1 and base bid parking - Olsak & Associates
drawing FP-3
11. Retrofit existing bUilding with fire sprinklers
drawing FP-3
12. Additional water distribution system along NW 1st
Avenue - Olsak & Associates drawing 4 of 8
13. No work in existing Commission Chamber
14, OWner's Contingency Allowance of $50,000,00 included
15. Roof will have a full system 10 year unconditional
warranty
16. Emergency generator will be housed in a plastic cover
next to existing generator building, Main switch gear
will remain in existing position
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AMENDMENT NO.1
CONTRACT SUM WITH ADDITIONAL COST BRE1.KDOWN
Base Bid
Less
Alternate #2 - colonnade
Chair allowance
Stair widening allowance
Picture framing allownace
Add
Alternate #3 - Retrofit
fire sprinklers
Alternate #5 - Water main
Amendment No.1
Delete
South addition
Clock tower
100% bond in lieu of 125\
Add
Alternate #1 - North Parking Lot
Revised Construction Contract Sum
$139,000,
10,000,
20,000.
2,000.
56,777.
23.777.
525,598.
6,000.
3.876, .
535,474.
8'2.000
ADDITIONAL COSTS NOT INCLUDED IN ABOVE
Telephone system allowance
Upgrade present Essex phone system
ALLOWANCE
Professional fees
A. Revised architectural fee
B, Supplemental fee for changes
C, Contract management
D. Reimbursements
TOTAL PROJECT COST
29,000
21.000
50,000
178,000
15,000
72,000
30.000
295,000
$2,437.777.
177.000.
2,266.777.
2,347,331.
453.474
1,893,857.
345,000
$2.238.857
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SOLID WASTE AUTHORIlY
OF PALM BEACH COUN1Y
5114 Okccchobec BouJe~''';a:t.> 2C
Wc.st Palm Beach, Flonda 3.~ J. 7
Telephone, 407/471-5770 ,
April 24,1989
Mr. James Pennington
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
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APR 2 4 '989
CITY Milf1~\jiX -; l;rFIC[
RE: Inter~local Agreement for Recycling Grant Application
Dear Mr. P~nn1"g~nn .
w~
The Solid Waste Authority of Palm Beach County requests the
Ci ty of Delray Beach to participate in a joint application for
recycling grant money from the Florida Department of Enviromental
Regualtion under. the grant program established by the Florida
Legislature. As you know, 1988 revisions to solid waste management
laws require recycling 30%. of the solid waste stream in all Florida
Counties by 1994. . To assist local governments in pursuing
recycling programs the State has established a six year grant
program which will disburse $25,000,000 statewide annually. These
grants are to enable local government to operate solid waste
management recycling and education programs to carry out the
purposes of the recycling legislation,
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In Palm Beach County the Solid Waste Authority is charged with
the responsibility of ensuring that the goal is met. The statute
and grant rules strongly encourage the Authority and cities to
~~apply jointly through inter local agreements. In Palm Beach County
~L onl twd cities would qualif to apply on their own because each
l~t. applicant must have a 1 88 population of greater than 50,000.
'lP" Additionally. they must match the grant on a dOllar-for-dollar
basis if applying individually. However, if a sufficient number
of municipalities apply jointly with the Authority, there is no
matching requirement. The county as a whole would be entitled to
approximately 1.2 million dollars each year.
First year funds will be used for the purpose of curbside
containers to be made available to any city wishing to start a
program, and for a county wide public information campaign
consisting of newsletters,. brochures, and advertisements to promote
reCYCling and benefit the county as a whole. In subsequent years,
each participating city will have the option to submit to the
Authority individual project plans that will be included in the
application to DER. Pages 3-4 of ~ in~erlocal agreement explain
these application procedures.
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Mr. James Pennington
City of Delray Beach
April 24, 1989
Page Two
In order to apply jointly for the grants, the Authority and
the municipalities must enter into inter local agreements to
determine how the grant funds, if awarded, shall be used. An
inter local agreement for the grant application is enclosed. The
Authori ty urges you to join in this recycling grant program by
approving and entering into this inter local agreement.
The deadline set by the Department ot Enviromental Requlation
for filing grant applications, tor the fiscal year ending September
30, 1989 is May 19, 1989. Accordingly, the Solid Waste Authority
will need to hav~ inter local agreements returned to us by May 16,
1989. Please contact me with any questions you may have, or ask
tor Caroline Mixon in my absence. In the' interest ot meeting the
States deadline, your prompt attention is needed and will be most
appreciated.
Sincerely,
fi-rc7~f7
Timothy F. Hunt, Jr.
Executive Director
TP'H\kae..I
a:application.ltr
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INTIlRLOCAL AGIUlBMEIl'J' FOR JOINT SOLID WASTB
MANAGEMEH'f GRANT APPLICATION
THIS AGREEMENT m.de .nd entered into th1.
d.y of
1989, by .nd between the SOLID WASTE AUTHORITY OF PALM
8EACK COUNTY, .n independent .pec1.l d1.tr1ct cre.ted pursu.nt
to Chapter 75-473, Laws of Florida, a. amended, hereinafter
called .Author1ty., and the
Florida, a municipal corporation', chartered and organized 1n
.ccordance with the laws of the State of Florid., her.1n.fter
called .C1ty., in order to make. joint application to the St.te
of Florida. Dep.rtment of Environmental Regul.t1on (DER) for the
Solid W.ste M.nagement Grant Program for the funding of recycling
and related educ.tion projects in .ccord.nce with Chapter 403.
Part IV, Fla. st.t.
WIT N E SSE T H:
WHEREAS, the Authority has be.n empow.red by law .nd through
interlce.l .gre....nt to c.rry out the power~, oblig.tions .nd
requirements 1n Palm Beach County, Florida, pre.cribed to a
.county. pursu.nt to the provisions of Ch.ptsr 403, Part IV, Fl..
St.t.; .nd
WHEREAS, Ch.pt.r 403, Fl.. St.t., m.ke. the Authority
responsible for initiatinl1 recycling progr.... .nd insuring
municipal involvement; and
WHEREAS, the St.te of Florid. (.St.te.) h.s est.blished .
six-y..r gr.nt program for recycling .nd education proj.ct.; and
WHEREA~,
without ..aking joint applic.tion with the
Authority. the City [would be unable to obt.in .ny] (would have
to provide aatching funds to receive any) gr.nt benefit; .nd
WHEREAS, if the Authority on beh.lf of the unincorpor.ted
area. of the county and on behalf of ..unicipaliti.s, together
co..prising s.v.nty-five p.rc.nt (75t) of the total incorporated
population within the county, jointly make application for a
gr.nt, then a grant ..ay be obt.ined without .ny m.tching funds;
.nd
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WHEREAS, cooperative arrangemente through interlocel
.gr....nt. for imp~ementing recycling progr.m. are encour.ged
throughout Ch.pter 403, Fl.. St.t.; and
WHEREAS, municipal opportunities to participate in recycling
and grant progr8lll. are maxi.ized by joint .pplicetion with the
Authority; and
WHEREAS,
de.ires to work wi th the
Authority toward achievement of the State recycling goal and to
.axi.iz. the benefit. of the grant progr.m for the City and all
of P.l. B.ach COunty.
NOW, THEREFORE, for and in consideration of the mutU.l
covenants and promise. her.in.fter cont.ined to be kept .nd
perform.d by the parties hereto, and for the mutual benefit of
the
and the Authority, it i. agreed as
fOllow.:
1. City acknowledges and understand. that the Authority, by
law and through inter local agre.ment, take. the plac. of the
.county. to carry out the power., requirement. and obligations
pre.crib.d to a county as .et out .in Chapter 407, Part IV, Fla.
Stat,
2. City hereby .uthorize. the Authority, on'beh.lf of the
City and the Authority, to submit to the DER . joint .pplication
for . .olid w..te gr.nt for the fir.t grant yeer (ending
S.pte.b.r 30, 1989) end .ubsequent grant ye.rs (beginning October
I, 1989-1993) with the d..dlin. for filing the fir.t ye.r
occurring in May 1989.
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3. City acknowl.dg.. and under.t.nds that the Authority
will .ubmit the grant application for the benefit of the City,
the unincorporated ar.a. of the county. .nd the county.. .
whole, .. i. .ppropriate, .nd th.t .aid applic.tion will be m.de
al.o on beh.lf of other participating municip.lities.
4. City agree. to provide to the Authority all inform.tion
needed to develop . complete recycling plan .nd grant .pplic.tion
and to comply with .11 reporting requirements prescribed by
Florida St.tute. and/or DER Rules and Regulations.
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5. Authority agreee to eolicit other municipalitiee in the
county to join in thie grant application in order to achieve the
application level of 75t of the total incorporeted population in
the county os stated above.
6. Authority agrees to submit grant appl1cationsbased on
the following guidelines and in accordance with the DER Rules and
Ragulations:
A. Application for the first grant year (present
year) ending September 30, 1989, will be based
solely upon a county-wide plan for applying the
grant funds to benefit the county as a whole.
B. Application for subsequent grant years (October 1,
1989-1993) will be based upon the following:
1) For municipalities (other than City) that
have entered into interlocal agreements with
the Authority under this grant program and
similar to this inter local agreement
(Participating Cities) that submit a written
plan for a qualifying grant project to the
Authority prior to 30 days before the filing
dudl1no .stablish.d by DER, euch plan will
be included in the grant application,
providing it meets the filing requirements
set out in the DER Rules and' Regulations.
2)
The Authority's qualifying project plan for
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the unincorporated areas of the county.
3)
For participating citias that do not submit a
plan for filling the requira.ents of Section
6-B-l above, the Authority will either
include the. in the Authority's plan for the
unincorporated areas of the county or will
include them in a qualifying plan to benefit
the county as a whole.
7. Authority agrees to distributs funds received under
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this grant prpgram to participating cities as fOllOWS:
A. Punds shall only bs distributed on the basis of
sxpenditures approved by DER.
B. For the first grant yaar (ending September 30,
1989),
no funds will
be distributed
to
participating cities, but all grant funds received
will be opplied to benefit the county as a whole
based upon such approval as is given by DER of the
submitted plan.
C. For subsaquent grant years (October 1, 1989-1993),
grent funds ahall be distributed by the Authority
to participating cities or applied by the
Authority to unincorporated areas of the county or
for the benefit of the county as a Whole on the
basis of grant spplication approvals by DER. That
is, if a participating city's submitted project
plan ,is approved in whole, or in part, or denied
totally. then that participating city shSll
receive funds accordingly basad on the percentage
of its plan that has been approved,
D. Authority will dietribute grent funde to the City
and all other participating cities wi thin thirty
(30) days of receipt of grant program funds from
the State.
8. City agrees that Authority will be ontitled to deduct
an4 retain ~tor the Authority's account, from any funds
distributable to the City, 5t of the amount distributable to tha
City, to cover Authority edministrative costs.
9. City shall maintain accurate records of all expenditures
of grant funds snd shall make these available to the Authority
and DER as provided in Chapter 17-716.430, F.A.C.
10. City agrees not to make separate application for grants
under this program or to take any action which would conflict
wi th or frustrate the intent of this agreement as long 88 this
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agreament ia in effect.
11. Nothing contained in this agreament ahall prohibit City
from making application for grants under other provisions of
Chaptar 403, Fla. Stat. that are not in conflict herewith.
12. Thie agreement shall remain in effect through the life
of the DER Solid Waste Grant Program, currently scheduled to
expire on September 30, 1994.
13, This agreement may be modified only by tha mutual
written conaent of both parties.
14. In the event of a change in law that abrogates or
modif1.. any provision or application of this agreement, the
partiee hereto agree to enter into good fd th negotiations and
use their best efforts to reach e mutually acceptable
modification of this agreement.
15. This agreement may be terminated by ei ther perty
provided that auch termination be given in writing to the other
party at least 90 days prior to the clOse of any grant year and
shall ba affective upon the cloae of euch grant year.
Notwithetanding terminetion, any r~ghts or dutias imposed by law
shall remain in effect, in particular but without limitation the
exchange of information to fulfill the State's annual reporting
requirements.
16, All formal notices effecting the provisions of this
agreament shall be delivered in person or be sent by registered
or certified mail to the individual designated below, until such
time as either party furnishes the other party written
~
instructiona' to contact another individual:
For Author! ty:
Solid Waate Authority of Palm Beach County
5114 Okaechobee Blvd., Suite 2-C
Weat Palm Beach, FL 33417
Attention: Executive Director
For the City:
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ITEM ~ ,C,3
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17. I~ any clau.a, aaetLon or provision of this agreement
shall be da~lared to ba unconstitutional,
invalid or
by a Change in law, the same ehall be elimineted from this
unentorceable tor any cau.. or reauon, or is abrogated or negated
agreement, and the remaining portion of this agreement shall be
in full force end effect and be e. velid as if such invalid
portion thereo~ had not been incorporated herein.
IN WITNESS WHEREOF, the porties hereto have entered into
this Agreement effective as of the dey and year first above
written.
WITNESSES:
As to the Authority:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
By:
Timothy F. Hunt, Jr.
ExecutLve ~irector
Approved as to form and Legal SuffiCiency:
By:
Authority Counsel
WITNESSES:
As to City:
By:
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Approved as to form and legal sufficiency:
By:
City Attorney
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MEMORANDUM
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TO:
Walter
~Robert
O. Barry. City Manager
FROM:
/
A. Barcinski, Asst. City Mpnager/Community Services
DATE:
May 2, 1989
SUBJECT:
Documentation
Agreement Between
City
City
Commission Meeting May 9, 1989
and Palm Beach County School Board
ACTION
City Commission is requested to approve an agreement with Palm
County School Board, as amended by our City Attorney, to provide
and drivers to transport children for our summer day camp programs.
estimated cost for this program is $9.120 with funding to come from
and Recreation Operating Budget:
Beach
buses
The
Parks
Community Center
Pompey Park
Carver Middle School
Account #001-4125-572-35.15
Account #001-4127-572-35.15
Account #001-4128-572-34.02
BACKGROUND
There is a need for bus service to transport children in our summer camp
programs to various local facilities i.e. movies, beach. ice skating
rinks, other City facilities, and for field trips in the tri-county area.
Three school buses will be needed, four (4) days per week for eight (8)
weeks. The charge for this service by the County School Board is $.70
per mile and $10.00 per hour for a driver. We have utilized this service
for the past two (2) summers. This service is another example of
intergovernmental cooperation that benefits both agencies.
RECOMMENDATION
Staff .ecommends Commission approval of amended agreement between Palm
Beach County School Board and the City to provide buses and drivers
to transport children for our summer day camp programs. Funding to come
from Parka and Recreation Operating Budget (as listed above).
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[ITY DF DELRAY BEA[H
100 N.W, 1st AVENUE
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DplRAY BEACH, FLORIDA 33444
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407/243,7000
MEMO RAND UM
TO:
Robert A. Barcinski, Assistant
City Manager
Recreation ~
THRU:
J. Weldon, Director of Parks &
FROM:
J. Dragon, Assistant Director
Parks and Recreation
DUE: April 28, 1989
SUBJECT:
Agreement for use of County School Board buses.
Attached please find copy of agreement and sample indemnification
clause for the use of Palm Beach County School District buses for our
summer day camp programs. The School Board through this agreement has
taken steps to ~ighten-up the administration of its policy to allow
non-school agencies to use their buses and drivers. We have
extensively utilized these buses for several summers and it has
contributed greatly to the success of are programs. We service over
300 youngsters daily during the summer, and the highlight of our
activities are our field trips and trips to various other recreational
amenities, such as, bowling, the beach, ice-skating, etc. These trips
would not be possible if we had to rent commercial buses at the current
rate of $250.00 per trip.
The School Board will charge .70 per mile and $10.00 per hour, 6 hour
minimum for the use of the buses. We have budgeted approximately
$9,000. in FY 88/89 for this purpose. We plan to use three what we
refer to as "local" buses, three days per week, one bus per site, to
transport the children to the various local recreational amenities,
i.e., movies~ bowling, ice-skating, beach, etc. Also, each site has
planned a once-a-week field trip to a ~ajor facility in the tri-county
area, i.e., Lion Country Safari, Dade County Metro-Zoo, Six Flags
Atlantis, etc.
Costs for the use of these buses were calculated as follows:
I: 3 buses per day x 50 miles ave. per day = 150 miles per day
x 4 days per week = 600 miles per week
x 8 weeks = 4800 total miles
x $.70 per mile = $3360. total mileage
II: 3 buses per day x 6 hrs. minimum = 18 hrs. per day
x 4 days per week = 72 hrs, per week
x 8 weeks = 576 total hours
x $10. per hour = $5760. total hourly
Total estimated bus costs is approximately $9120.00.
THE EFFORT ALWAYS MATTE.RS
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 311lS11"STRllTSli11l4
w""?.. ~
Sh Or .A tPIL- 2':;-
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DILRAY HI \CH, l'IOR.lllA 334~3 3()5/143-7WJO
MEMORANDUM
Dat.c:
r1ay 4, 1989
SUhject:
Frank Spence, Director of Development. service~t-'
Jeffrey S. Kurtz, Assistant City Attorney 1A~
Non-Recourse Agreement with Pelican Harbor Homeowners
Association, Inc.
rro:.
From:
Please be advised that I have reviewed the Non-Recourse
Agreement regarding easement proposed to be entered between the
Ci.ty and. Pelican Harbor Homeowners Association, Inc. and found
it to be in proper form and legally sufficient, Obviously,
this is a matter for the City Commission and Planning and
Engineering Department to decide upon to determine whether or
not the house being locat,ed on the drainage easement will
unduly effect drainage in the area.
Should you have any further questions concerning this matt.er,
please do not hesitate to contact me.
,]SK :. sh
cc: David Kovacs, Direct.or of Planning and Zoning
Gates Castle, Interim City Engineer
C I T Y
COMMISSION
DOCUMENTATION
TO:
FROM:
WALTER O. BARR~, . CITY JANAGER
~'t/( ,~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
C=;~J ~UQ.^L-
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
SUBJECT: MEETING OF MAY 9, 1989 ** CONSENT ITEM **
ACCEPTANCE OF NON-RECOURSE AGREEMENT, PELICAN HARBOR
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
accepting a non-re~ourse agreement,
BACKGROUND:
This item was initiated by representatives of the Pelican Harbor
Homeowner's Association in order to clear title to property in
that subdivision. A house was built and it encroaches upon a
common lot (owned by the Association); The lot is for drainage
purposes and has a general drainage easement over it, The
Association is responsible for drainage within the development
and on that particUlar property,
It is necessary to clear title to the house so that it can be
sold. The use of the non-recourse agreement in-lieu of
abandonment of City interest in the drainage easement provides a
more simple and expedient resolution of the situation.
The proposal has been reviewed by the City Attorney's Office
PLANNING AND ZONING BOARD ACTION:
The Board has not reviewed this action.
required.
Its review is not
RECOMMENDED ACTION:
By motion, acceptance of the proposed "non-recourse" agreement
and authorization of its execution.
Attachment:
agreement and survey exhibit
REF/DJK#45/CCNON.TXT
db
NON-RECOURSE AGREEMENT
REGARDING EASEMENT ENCROACHMENT
WHEREAS, the City of Delray Beach (the '"City'") has been
granted an easement for drainage and utility purposes over and
across certain land owned and controlled by the Pelican Harbor
Homeowners Association, (the '"Association'") as reflected on the
Plat for Pelican Harbor Phase IV as filed in Official Record Book
48 at Pages 179-182 of the Public Records of Palm Beach County,
Florida (the '"Land'"); and
WHEREAS, Whitehill Developers, Inc, ('"Whitehill'") has
constructed a house on lot 10 of Pelican Harbor, Phase IVA,
pursuant to the Plat filed in Official Record Book 53, at Page 91
of the Public Records of Palm Beach County, Florida, which house,
due to a surveying error, encroaches upon a portion of the Land.
(See survey attached hereto as Exhibit '"A'"): and
WHEREAS, the only utility located upon the Land is a stormwater
drainage detention area; and
WHEREAS, the Association is responsible for the ownership,
operation, maintenance and repair of the land pursuant to the
Declaration of Covenants, Restrictions and Easements for Pelican
Harbor; and
WHEREAS, the Association has deeded to Whitehill all of its
right, title, and interest in and to the portion of the Land
subject to the encroachment, and does hereby specifically agree
to seek no re-course with regard to the encroachment.
NOW, THEREFORE, for and in consideration of Ten ($10.00)
Dollars and other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged, the City and the
Association do hereby agree as follows:
1. Neither the City nor the Association shall disturb
Whitehill, or any subsequent owner of Lot 10 in its quiet use and
possession of the encroached upon land.
2, Neither the City nor the Association shall impose any
additional covenants, conditions, restrictions or limitations
upon the continued use and enjoyment of the land and shall seek
no re-course with regard to the encroachment,
3 . The City and the Association hereby agree that this
document shall be recorded in the Public Records and shall be
binding against the Association and the City, their successors
and assigns and shall constitute a covenant running with the land.
IN WITNESS WHEREOF, this Agreement is executed this
day of , 1989.
CITY OF DELRAY BEACH
By:
Attest:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid, and in the County aforesaid,
to take acknowledgments, personally appeared
and as and
to me known to be the persons described in and who executed the
Attached also please find comments and recommendations for changes in
the agreement from Susan RUby, Assistant City Attorney. I recommend
approval of the agreement per these changes.
Upon approval by City Commission, the agreement~ust then be approved
by the County School Board attorneys and the ~hool Board itself. In
order to insure that we will have buses available for our program on
June 26, we must forward the agreemefti to the County School
Administration offices by Hay 10. /
Director
Department
cc. J. Weldon, Director
File
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM:
~ Robert
May 2,
A. Barcinski, Asst. City Manager/Community Services
DATE:
1989
SUBJECT: Documentation City Commission Meeting May 9, 1989
Agreement-Palm Beach County-Military Trail Utility Construction
ITEM BEFORE COMMISSION
City Commission is requested to approve an agreement with Palm Beach
County to provide funding for the relocation of utility conflicts and the
installation of approximately 4831 Linear Feet of 12" D.I,P. Water Main.
The amount of the agreement is $ 145,434, with funding to come from
account #441-5162-536-60.50 (1988 Water and Sewer Bond Refinancing Fund).
BACKGROUND
Palm Beach County will begin widening of Military Trail from Atlantic
Avenue north to Steiner Road. As in past road widenings, the City is
responsible for relocating utility conflicts. Additionally, the 1986
Water Master Plan Update (Storage, Pumping and Distribution) recommended
the installation of the 12" water line on Military Trail from just north
of Lake Ida Road to the L-30 Canal. The line installation would be more
costly if installed after the road widening project is completed. The
cost of the line installation is estimated at $ 115,944; the cost to
correct utility conflicts is estimated at $ 29,490. We have entered into
agreements in the past in order to facilitate the work, provide
intergovernmental cooperation and to avoid project delays. Attached are
copies of the agreement and correspondence.
RECOMMEIUlATION
Staff recommends
fundina for the
the 12" water
#441-5162-536-60.50.
approval of
relocation
main,
agreement with Palm Beach County to provide
of utility conflicts and the installation of
with funding to come from account
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MEMORANDUM
TO:
Robert A. Barcinski
Asst. City Manager/CS
FROM:
Larry Martin
Acting Director of Public Utilities
SUBJECT:
MILITARY TRAIL WATER MAIN
May 1, 1989
DATE:
Attached is a proposal and agreement to be executed by the city
for the 12" water main on Military Trail. This is the water line
which we had discussed previously,
The price is in line with the original projection
Water Distribution Master Plan. I think it is
op~ortunity to get this line installed with the
Mili tary Trail.
Will you look this over and see if we can start this project?
from the 1986
an excellent
widening of
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Qoard ef County CQmmissiouers
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County Admini.tratc
Jan Winters
Carol J, Elmquist, Ch,airman
Karen T, Marcus, Vice Chair
Carol A, Roberts
Ron Howard
Carole Phillips
Department of Engineerir
and Public Work.
April 24, 1989
Ci ty of Del ray
200 N.W. First Avenue
Delray Beach, Florida 33444
ATTENTION: /1R.' BOB PONTECK
REFERENCE: CONSTRUCTION OF MILITARY TRAIL FROM ATLANTIC
TO STEINER ROAD
PROJECT NO: 86112 A & 8
Gentlemen:
Enclosed, please find an Agreement between Palm Beach County and the
City of Delray for the funding of utility construction of a portion of Military
Trail from Atlantic Avenue to Steiner Road. Upon completion of the execution by the
City of Delray, the Board of County Commissioners will then execute said Agreement
and forward a fully executed copy to your office.
Should you have any questions, please feel free to contact this writer.
Si ncerel y,
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Sam M. Sadarangani, Utility Coordinator
Engineering Services Division
SI~S: jam
Enclosure/
"An Equal Opportunity - Affirmative Action Employer"
BOX 2.U9 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000
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PROJECT NO. 86112 - MILITARY TRAIL,ATLANTIC _ STEINER
CITY OF DELRAY 8EACH CONTI GENT ITEMS
FOR UTILITY AGREEMENT
ITEM # DESCRI PTION QUANT. fUN IT UNIT PRICE AMOUNT
63A REMOVE & REPLACE
EXIST. SAN. M.H.
(10'-12' )*
@ STA. 362 + 58
(49' LT) 1 EACH $3,200,00 $3,200.00
64A REMOVE & REPLACE
EXIST. 4" F.M. W/6"
D.I.P. F.M.
@ 10' FROM w. R/W
LINE l,250/L,F. $ 15.00 $18,750.00
65A INSTALL 12" D.I.P.
W.M. FROM
STA. 381 + 89 TO
STA. 430 + 20
(INCLUDES ALL
VALVES & FITTINGS) 4,831fL.F. $ 24,00 $115,944.00
66A INSTALL 8" D.I.P.
W.M. & PLUG TO WEST,
CONNECT TO EXIST.
@ STA. 369 + 80
(43' RT) &
STA, 353 + 60
44' RT) (INCLUDES
ALL VALVES &
FITTINGS) 215fL,F, $ 20.00 $4,300.00
67A INSTALL 8" D.I,P.
.~ W.M. & PLUG TO WEST
@ STA, 386 + 60
(57,5' RT)
(INCLUDES ALL VALVES
& FITTINGS) 162fL, F. $ 20.00 $3,240.00
$145,434.00
* ITEM 25A OF ROADWAY ITEMS INCLUDES ADJUSTMENT TO GRADE OF EXIST.
M.H. IN ITEM 63A.
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foreqoinq instrument and they acknowledqed before me that they
executed the same on behalf of the City of Delray Beach.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1989.
My Commission Expires:
Notary Public
PELICAN HARBOR HOMEOWNERS
ASSOCIATION, INC.
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid, and in the County aforesaid,
to take acknowledqments, personally appeared
and as and
to me known to be the persons described in and who executed the
foreqoinq instrument and they acknowledqed before me that they
executed the same on behalf of the City of Delray Beach,
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1989.
Notary Public
My Commission Expires:
2
CRAV[ . j 0 THOMPSON & ASSOCIATES
INC.
ENGINEERS PlANNERS SURVEYORS
SIS4 OKEECHOIU. IOUL~VUO. '<<IT PALM IIACH, 'LORIOA 51401 (1011 11.-".0
0',. CE I: 'on LAUOUGALI, _II' 'ALII I"CM
NOTE
'rH1! IS ~ . S.[TC... ':l' SvlllI' , ,lh.I 0"', iJ 9"'''.r '..,el'OIl of "'. ..K",'I.,.
FOR >"'ll i_...../ ii' ,''ow... ""11011 '"II". 11ft "'" "'0 f"I' ."'. .<..'''', rJI ttl, ..".,... ......rt, ."'
: ..-'~.rc....MN' HAL!A~ ~W'_..es- ...,~.
---- --- - - _ .011...... 10' ,"" (.~.C'1011 ..... ttIe ",,,,,'1,. .f ".. Ill'''.''',,, ,"-.
N THE BEARINGS SHOWN '::~ON /~
ARE BASED ON THE PLAT OF
PELICAN HARBOR PHASE FOUR
P.B, 48, PGS, 179-182 V
(P,B,C,R, )
10 "J
'J
01 4)1'
~ piP'
SCAlE / '~ 30' 1;'1},
? ~ ~
. o~ ~,'
" Pi'
Ii! ~p
~'l
~~u
.PO.,g. ~
MO$r AI"rnllViiS~.1" a.,e.
~eA/.vA",4'rt/77i!/7yeASE.,,_ \..
.P4. ~"/ ;1Gs, /7~-/"Z
(A4,(;'.I.)
~l
.h~'i'
tl"': ~'
~ 9'
\ L
Ii 1-
ilV ,I
, Ii 1"
I \
"J 60 'f''''
., ?J ~~~.& I
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, UTILITY 1lA8~ AIIBA. SAID LIMB DING COUICIDaIT WITH TMB SOUTIIDSTIIRLY LIMB or
LOT 10. PIILICAIl HARBOR PHASII FOUR-A, ACCORDING TO THII PLAT THIIRBOI', AS RIlCORDIID IN
PLAT BOOK S3, AT PAcas 91 THRU 93 INCLUSIVIl. 01' THII PUSLIC RllCORDS or PALM BUCH
COUNTY. FLORIDA, A DISTANCII 01' 13S.00 nllTl THIINCII SOUTH 38"36'S8" WIlST , A DISTANCE
or 13S.33 F1111T TO A POINT ON THE SOUTHWESTERLY LINII OF THE SAID DRAINAGE , UTILITY
EAS~ AIlBAI THENCE NORTH 47 '22' 40. WIlST, ALONG SAID SOUTKWliSTERLY LINII A DISTANCE
or 9.4 S FEIIT TO THE POINT OF BEGINNING.
SAID LANDS SITUATII. LYING AND BIIING IN THE CITY 01' DELRAY lEACH. PALM SEACH COUNTY,
PLORIDA. CONTAINING 638 SOUARII F1111T OR O,OlS ACRIiS MOaa OR LESS,
CIIRTII'ICATE.
WE HERIIBY C!:RTII'Y THAT THIS DIISCRIPTION AND SItIITCH CONPORMS TO CHAPTIIR 21HH-6.06(1),
MINIMUM TIlCHNICAL STANDARDS FOR LAND BURVIIYING IN THIi STAT' 01' FLORIDA AS ~.DOPTIID IY
THE DEPARTMIINT 01' PIIOFllSSIOHAL RIIGULATION, BOARD 01' LAND SURVIIYORS, IN SEPTIIMBIIR
1981, AND IS TRUll AND CORRIICT TO TH!: IIIST 01' MY KNOIfLEDGJI AND DLIIII'.
~~ETeR~41~~~tTrs' INC.
~~~O
THOMAS C. SHAHAN
PlIOnSSIONAL LAND SURVIIYOR NO, 4387
DATED: ~-/.4'8!J STAU 01' FLORIDA
UPDATES 0",,/01 REVISIONS DATE BY CMO ~ T"'. l.,II'loerStqnecl Of1d CRAVE~ . T1-tOMP'!ON 8 ASSOCIATES, INC mo.. no
'eoresentotons 01 QUClf'ontett os "0"" IftfatmatlOn reflectecl hereon l>W~ to
easemen". "9"fS. of -way. wt DoCk Mnts,reservQhQnS,oQ'""*",, Ol"Idot,*,IiIMCII'
~ters. and flltl'ler, "UI ins'rument II "0' in'-'decI to P'lfilct or set for1fl all IwctI
matIit'S SuCh Information ft)uld De ObtOlned ontt confinNcl by ~ tlYauth
oppropnot. 'Itl, vertlflcotlOn
1:WL landl ,"own hereon .er, not aDltroc fed '01 119"" . of.." and 101
I'CItetn"'fI of r,cord
JOI NO. /88. o~S" I llIIAWN IV. /.5, I CHlCKED IT . r.S. I COOE I'ILE 110
DESCRIPTION.
A PORTION 01' TQ DRAINAGII , UTILITY 1lA8~ AREA AS SHOWN ON THE PLAT or PELICAIl
HARBOR PHAaa IPOUII. ACCORDING TO THE PLAT THERBOI', AS RIiCO_ IN PLAT BOOK 48. AT '.
PAGIIS 179 TBaU 182 INCLUSIVE 01' THII PUIlLIC RIiCORDS 01' PALM BUCH COUNTY. FLORIDA,
BEING MORII PARTICULARLY DESCRIIIID AS FOLLOWS.
BIIGINNING AT TQ MOST NORT_TERLY CORNJIR 01' THE SAID DRAINAGE , UTILITY EASDlIiNT
AREAl THIINCE NORTH 42037'20. IlAST ALONG THE NORTHWIiSURLY LINIi 01' THII SAID DRAINAGE
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[ITV DF DELIAY BEA[M
CITYATTORNEY'SOFFICE ."'11,"1<111
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~1EMORANDUM
Date.:
April 19, 1989
From:
,Jeffrey S. Kurtz, Assistant City Attorney
~v
T'J:
Walter O. Ba~ry, City Manager
Subject: Satisfaction of Nuisance Abatement Lien on Property
at 216 S.W, 13th Avenue
This property was transferred by the estate of Alexander Simon
to one Rosa Lee Scott several years ago, The estate took back
a purchase money mortgage on the property and has just recently
been forced to take a deed in lieu of foreclosure because of a
default on the mortgage payments by Ms. Scott.
I have attached a copy of a letter from David Schmidt
representing Mr. Simon's estate requesting that our nuisance
abatement lien, which was placed on the property back in 1987
and totals approximately $2,400 at the present time, be
satisfied upon payment from the estate in the amount of $500.
This will enable them to have clear title to the property and
put it back on the market.
This is a matter for the City Commission to consider as a
settlement offer. It would therefore be .'lppreciate if you
could place it on an upcoming agenda for their direction
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
Attachment
cc: City Commission
David Schmidt
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ATTORNEYS AT LAW
~- O. BOX 2020
Rb(~IVED
MAR 6 1989
SIMON AND SCHMIDT
roo NORTHEAST F'"IF"TH AVENUE
CITY MANAurR'S OFFICE
DELRAY BEAcH, .FLORIDA 33483
ERNEST G 51MON
DAVID W, SCHMIDT
TELE"'HONE (407) 278.2601
WEST PALM BEACI-l
737 8222
March 3, 1989
Mr. Walter Barry
City Manager, City of Delray Beach
100 N,W, 1st Avenue
Delray Beach, Florida 33444
h.ttflVEn
MAR 6 1989
CITY MA~I"'R
"'lit'S OFFICt
Re: City of Delray Beach Resolution No. 14-87
Estate of Simon sale to Scott
My File No, 101,81-N
Dear Mr, Barry:
Our office represents the personal representative of the Estate
of Alexander Abraham Simon.
On September 10, 1981, the Estate sold the property located at
216 S.W. 13th Avenue, Delray Beach, Florida to Rosa Lee Scott, As
part of the transaction, the Estate took back a purchase money first
mortgage in the principal amount of $16,000.00. The mortgage is now
in default, and has an outstanding balance, with accrued interest, of
approximately $12,000.00.
In 1987, the house on the property was declared unsafe and was
demolished by the City, The costs of the abatement were $2,145.00,
and were assessed as a lien by the above-referenced resolution,
The mortgage has been declared in default by the personal repre-
sentative, and Ms. Scott has been informed of the default, To avoid
attorney's fees, she has offered to give the Estate a deed in lieu of
foreclosure.
The purpose of this letter is to offer a seetlement of $500.00 to
the City to satisfy the lien and to obtain general releases from the
City to the Estate and to Ms, Scott, Our alternative is to foreclose
the mortgage and foreclose out the City'S lien. As we estimate the
property to be worth $5,000-$7,500, we do not believe the City can
realistically expect to receive any excess foreclosure sale proceeds.
I do not know if thi.s settlement should be presented to the City
Commission or the Code Enforcement Board for action. I would request
that this matter be set on the earliest agenda for the appropriate
board.
Sincerely yours,
01' ~Qt.J. ~
David W. Schmidt
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MEMORANDUM
To: City Commissioners
Via: Walter Barry, City Manager
From:
Lula Butler, Community Improvement Director ~
Re:
PIGADIS/ REQUEST
FOR MODIFICATION OF LANDSCAPE REQUIREMENTS
Date:
May 3, 1989
Mr. Pigadis was cited by the Code Enforcement Board for landscape violations
at Cromwell's Restaurant, 530 South Federal Highway. The approved landscape
plan called for three landscape islands to break up the parking spaces.
Other code deficiencies merely involved the replacement of plant materials.
Mr. Pigad1s did not want to reinstate the islands that had been paved over
by the previous owner, and therefore requested that he be able to revise his
landscape plan and obtain a variance from the landscape code. Variances from
the landscaping code can only be granted by the City Commission, as
established in section 159.67(A), and therefore he is seeking authorization
from the City Commission to modify the landscape requirements.
Nancy Davila has met with Mr. Pigadis and has worked with him to revise the
landscape plan which provides other landscape improvements as a trade-off
for the deletion of the landscape islands. Mr. Sanzone, the Chief Building
Official has reviewed the requ.sted revisions and recommends approval of the
request.
c: Frank Spence
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ATTORN EYS AT LA,W
"". O. BOX 2020
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SIMON AND SCHMIDT
100 NOf:tTIooIEAST F"1F"TIooI AVENUE
DELB..o\.Y BJtA.CH. FLORIDA 33480
E"NC." G. SIMON
DAVID W. SCHMIDT
TEI..EI"IooIONIE (40?) 27!1.2eO.
WEST I""'~"" elt"'CM
~ 737-8ZZZ
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!/4Y 1 l!:Ia~ .
t;/TY MAN';';ti,
, S (JI:,"<:
April 28, 1989
Mr, Walter Barry
City of Delray Beach
100 N, W, 1st Avenue
Delray Beach, Florida 33444
RE: Cromwell's Restaurant
Code Enforcement Case No. 87-1768
Dear Walter:
Our office represents Charles Pigadis, who owns Crom-
well's Restaurant on South Federal Highway,
Mr, Pigadis was cited by the Code Enforcement Board
for landscape violations at the restaurant, Most of the
violations related to the landscape plan which had been sub-
mitted to the city by the previous owner of the property,
Subsequent to Mr. Pigadis being cited, we met with
Nancy Davila to discuss revisions to the original plan, In
return for Mr, Pigadis increasing the size of certain trees
that needed to be replaced, Mrs. Davila agreed that the exist-
ing parking area would not have to be torn up to create three
planting areas which were indicated on the original plan, but
which were never installed. Instead, the parking lot is one
unbroken surface of pavement,
The landscaping code provides that variances from the
code can only be granted by the city commission, after having
first been approved by the chief building official, Mr,
Sanzone has approved our request.
The purpose of
request for a landscape
city commission agenda,
variance, I enclose the
this letter is to request that this
variance be placed on the next regular
In support of this request for a
following back-up material:
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Mr. Walter Barry
April 28, 1989
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1. Copy of my letter of November 4, 1988, to
Martin O'Shea outlining the changes we
request.
2. Copy of letter of November 22, 1988, from
Nancy Davila regarding our request,
3, Copy of letter of March 27, 1989, from
Jerome Sanzone regarding our request,
4, 6 sealed copies of the revised landscape
plan.
Should you have any questions, please call,
Sincerely yours,
DWS/mk
Enclosures - as listed
~vJo~
David W, Schmidt
cc: Mr, Charles Pigadis
Mr, Richard Bauer
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SIMON AND SCHMIDT
ATTORNEyS AT LAW
P. O. .OX 2020
100 HO"TtotEAST ,.."TIol AVENUIt
DELaAy BEACH. PLORIDA 00483
C:""'E~T Q. alMON
OAVIO \'. SCM""OT
TI[LC.....O...E (407) 278.280.
WeST ...."'.. .CAe..
737 822Z
November 4, 1988
Mr, Martin O'Shea
Acting Chief Building Official
City of Delray Beach
100 N. W, 1st Avenue
Delray Beach, Florida 33444
RE: Landscape requirements for
.Cromwell's Restaurant.
My File No. 352?
Dear Mr, O'Shea:
Our office represents Mr. Charles Pigadis, the owner
of Cromwell's Restaurant,.which is located at 530 S, Federal
Highway, Delray Beach, Florida,
Mr, Pigadis has been cited for code violations regard-
ing the landscaping at Cromwell's. The Code Enforcement Case
Number is 87-1678, The landscape )lan in question is permit
number 5890-79,
Mr, Pigadis and I met with Nancy Davilla on November
3, 1988 to attempt to resolve this matter, Mr, Pigadis has
agreed to upgrade the landscaping to conform with the plan,
with some minor changes requested. Mrs, Davilla has agreed to
these' changes, As only the City Commission can authorize modi-
fications to the landscape code requirements, the purpose of
this letter is to request that pursuant to Section 159,67 of
the Codethat.you review these changes and recommend approval
of the ~difications to the Commission,
The first change requested relates to the trees
located at the entrance off north and south-bound Federal
Highway, The plan shows 8 foot carrotwood trees at these .
entrances. These would be revised to 12 foot Carrotwood trees,
with 6 foot spread and a 6 foot clear trunk,
The second change would be to eliminate the 3 trees
proposed for .cut-outs. in the parking lot, These trees ,are
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Mr, Martin O'Shea
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November 4,1988
isolated, Moreover, prior to the time Mr, Pigadis purchased
the property, the parking lot was paved and no provision was
made for the .cut-outs". To install the trees now would re-
quire that a portion of the paving be removed,
The third change would be to eliminate the 7 queen
palms on the south of the property, and replace them with 2 _
8 foot Carrotwood trees.
Thank you for your consideration in this matter,
Should you have any questions, please contact me,
Sincerely yours,
DWS/mk
0Jf :QtJ.~
David W. Schmidt
cc: Mrs, Nancy Davilla
Mr, Charles Pigadis
/
[Iry DF DELAAY BEA[H
'.
100 NW, hi AVENUE
OC:LAAY BEACH. FLORIDA 33444
3U5/243: 7000
November 22, 1988
Mr. David W. Schmidt
Simon and Schmidt
P.O. Box 2020
100 Northeast Fifth Avenue
Delray Beach, Florida 33483
Re: CROMWELL'S LANDSCAPE REQUIREMENTS - C.E.B. CASE # 87-1678
Dear Mr. Schmidt:
1 am in receipt of your letter of November 4, 1988 to Hr. Martin O'Shea. 1
would like to clarify the language of your letter, in that, 1 agreed only to
support some alternatives to the existing landscape plan, in the event that
Mr. Pigadis should request a modification of l~ndscape requirements from the
City Commission.
The alternatives that were proposed involved upgrading the size of the shade
trees adjacent to Federal Highway to provide adequate sight distance. The
trade off would be that the three trees required per the approved plan,
which would necessitate a pavement cut would be eliminated.
The proposed elimination of the seven Queen Palms is recommended to maintain
design continuity whereby a line of shade trees could be provided along S.E.
6th Street, Per code, 3 palms are the equivilant to 1 shade tree, and
effectively, 2 shade trees are being substituted for 7 Queen Palms, and will
be planted with the other shade trees already required on N,E. 6th Street,
Of the code violation items listed on the Board Order of September 9, 1988,
the items. not corrected to date are:
c) replaceaent of Queen Palms
d) replac_nt of Carrotwood and Black Olive Trees
e) replacement of Pongam Tree
f) replac_nt of Bougainvillea and other foundation plantings
g) replacement of sod which is weed infested
If Mr, Pigadis gets a modification of the landscape requirements form the
City Commission based on the revised plan, items c,d, and e will no longer
apply.
With regard to (f), the owner appears to have substituted a solid hedge to
the east of the building for the various plant materials originally shown on
the plan. and 1 feel that they are acceptable as is.
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With respect to the sod, the sod in the worst condition is south of the
driveway on S,E, 6th Avenue. 1 feel this sod should definately be replaced
and the r...inder put under a good fertilization program, If its condition
does not iaprove it may be subject to replacement in the future,
~rough file correspondence 1 understand that you have requested a
reconsideration of the Code Enforcement Board Order and an extension for
time of compliance which will be heard at the Board meeting scheduled for
November 22, 1988. The outcome of that meeting will determine Mr. Pigadis's
course of action. .
1 will continue to work with you and your client on this case to hopefully
resolve this case to everyone's satisfaction.
Very truly yours,
~o~-0-'''04
Nancy Reinhart Davila
City Horticulturist
cc: Martin O'Shea
Richard Bauer
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[ITV DF DELAAV BEA[H
100 r-J'w, 1S1 AVENUE
DELR,.\Y BEA:- ~LOHtDA 33444
407 '243.7000
..
March 27, 1989
Mr. David W, Schmidt
Simon and Schmidt Attorneys at Law
100 NE Fifth Avenue
Delray Beach, Florida 33483
RE: Cromwell's Restaurant - 530 S. Federal Highway, Delray Beach, Florida
Landscape Requirement - Code Enforcement Board Case No. 87-1678
Dear Mr. Schmidt:
In reply to your letter of November 4, ..>88, it appears that the letter you
received from Nancy Davila dated November 22, 1988, describes the course of
action that 1s required by your client Mr. Charles Pigadis to bring the above
referenced property into compliance.
As 1 understand from Mrs. Davila's letter, it will take several actions on the
part of your client to rectify the violations he has been cited fo~:
1. Submit a revised site plan in order to alter the approved landscape
plan submitted under permit 5890-79.
2. Appear before the Code Enforcement Board with the plans indicating
progress toward complying with the 'City's regulations.
3. Appear before the City Commission to obtain modification to the
landscape requirements.
The above steps should assure property compliance and remove the violations.
If I..y b. of further assistance or should you require additional
information. pl.... feel free to contact my office,
Very truly yours,
J.._ ,...5------
Building & Inspection Administrator
JS:aw
cc: Nancy Davila
Dislt:JS II
B:Cromwell.Ltr
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C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER 0, BARRY, CITY MANAGER
FRANK R~C~:(~I~
DEVELOPMENT SERVICES GROUP
~~w.\IREcroR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT:
MEETING OF MAY 9, 1989 ** CONSENT ITEM **
GRANTING OF ADMINISTRATIVE RELIEF FOR
COMPACT CAR PARKING AT PELICAN HARBOR SHOPS
ACTION REOUESTED OF THE COMMISSION:
The action requested of
granting Administrative
l73.775(A)(1).
the Commission is
Relief per
that of
Section
BACKGROUND:
This request is to allow the construction of 10 new parking
spaces for compact cars and conversion of 10 existing spaces to
compact car use. The use of the smaller sized stall allowed for
compact cars requires review of the TAC and action by the
Commission.
The location of this request is the Pelican Harbor Shops. It is
anticipated that upon approval, uses which have a greater parking
requirement (e.g. a restaurant) will occupy space in the shopping
center.
The request was reviewed by the
determination made that the request
contrary to the intent of the code.
T.A.C. on May 3rd and a
is valid and does not go
PLANNING AND ZONING BOARD ACTION:
Since site plan review is not required, the Board has not
reviewed this request. Board action is not required,
RECOMMENDED ACTION:
By motion, approval of the request for administrative relief to
accommodate twenty compact car parking spaces at the Pelican
Harbor Shops.
Attachment:
reduced copy of the site plan
REF/DJK*45/CCSHOPS.TXT
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C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER 0, BARRY, CITY MANAGER
'~/t...// ~...-
FRANK R, SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
QWi~f\~IRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT:
MEETING OF MAY 9, 1989 ** CONSENT ITEM **
FINAL PLAT APPROVAL. EXXON STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a final plat.
BACKGROUND:
At the last meeting of the Commission, action was taken to
approval a waiver of conditions which required additional
dedication of right-of-way. With that waiver being granted, the
plat is now ready for final, formal approval by the Commission,
PLANNING AND ZONING BOARD ACTION:
The Board had previouSly certified the final plat,
RECOMMENDED ACTION:
By motion, approval of the final plat for the Exxon Property at
Atlantic Avenue and Congress Avenue,
REF/DJK#45/CCEXXON,TXT
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MEMORANDUM
TO:
Walter O. Barry, City Manager
/
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FROM:
~ Robert A. Barcinski, Asst.
May 2, 1989
/
City.,,n~ger/Community Services
DATE:
SUBJECT:
Documentation City Commission Meeting
Award of Contract Post, Buckley, Schuh
Construction Administration Shop
Water Treatment Plant Expansion Project
- May 9, 1989
& Jernigan, Inc.
Drawing Review
ITEM BEFORE COMMISSION
City Commission is requsted to approve an agreement with Post, Buckley,
Schuh & Jernigan, Inc. in the amount of $85,420 with funding to come from
account #441-5162-536-60.41 (1988 Water and Sewer Bond Refinancing Fund).
BACKGROUND
The scope of services to be provided
administration and shop drawing review.
construction inspection would be performed
City Commission. A copy of the proposal is
includes general construction
Additional administration and
by City staff, as approved by
attached.
RECOMMENDATION
Staff recommends approval of
Jernigan, Inc. in the amount
account #441-5162-536-60.41.
agreement with Post, Buckley, Schuh &
of $ 85,420, with funding to come from
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AUTHORIZATION NO. 3A (TIlREE AI TO AGREE!'IENT
Entered Into and Between
CITY OF DELRAY BEACH, FLORIDA
100 N. W. 1st Avenue
Dated February I, 19B9
AND ~
POST, BUCKLEY, SCHUH & JERNIG ,INC,
1665 Palm Beach Lakes BolS- evard
Suite 500, Tower 13 .
West Palm Beach, Flo,;1da 33401
/
SHOP DRAWINGS' FOR THE
WATER TREATMENT PLANT EXPANSION PROJECT
1.0 SCOPE OF SERVICES
,
Post, Buckley, Schuh & Jerni9an, Inc, (ENGINEER) shall provide professional
engineering and related services , as hereinafter described to the City of
Delray Beach, Florida (CITY) during the Bidding and Construction Phase of the
Water Treatment Plant Expansion Project (PROJECT). CITY desires to perform
the construction contract administration services, resident project
representation services and the operational phase services. These services
are categorized and defined as follows:
1.1. Bidding Phase Services - (Refer to PBS&J Authorization No.3 approved by
City Arpfl 12, 1989.)
1.2. Construction Contract Administration Services: (To be performed Jointly
by CITY and ENGINEER)
1.2.1 General Administration of Construction Contract. (To be performed
by City) ENGINEER shall consult with and advise CITY and act as CITY's
representative. All of CITY's instruction to Contractor(s) will be
issued through ENGINEER who will have authority to act on behalf of City.
Genera 1 Admin i stra tion of the Construct ion Contract includes the
following:
1. Attend preconstruct ion conference.
2. Attend meetings with CITY and Contractor.
3. Conduct telephone consultation with CITY,
Contractor and Resident PrOject Representative.
.-' 4. Prepa re genera 1 correspondence.
5. Issue CITY's instructions to Contractor,
6. Interpret intent of Contract Documents,
1.2.2. Visits to Site and Observation of Construction. (To be performed
by ENGINEER) In connection with observations of the work of Contractor(s)
while it is in progress:
1. ENGINEER shall make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qual ified design professional the progress
and qual ity of the various aspects of Contractor(s) I work.
CITY shall provide the services of a Resident Project
Representative (and assistants as agreed) at the site to
assist ENGINEER and to provide more continuous observation
of such work. Based on information obtained during such
visits and on such observations, ENGINEER shall endeavor to
determine in general if such work is proceeding In
accordance with the Contract Documents and ENGINEER shall
keep CITY informed of the progress of work.
2. The Resident Project Representative (and any assistants)
will be CITY agent or employee and under CITY's supervision.
The duties and responsibilities of the Resident Project
Representative (and assistants) are set forth in Paragraph
1.3 (Resident Project Representative: Duties,
Responsibilities and Limitation of Authority,
3. The purpose of ENGINEER's visits to and representation by
the CITY's Resident Project Reprsentative (and assistants.
if any) at the site will be to enable ENGINEER to better
carry out duties and responsibilities assigned to and
undertaken by ENGINEER during the Construction Phase. and,
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in addition, by exercise, ENGINEER's efforts as an
experienced and qual Ified design professional, to provide
for CITY a greater degree of confidence that the completed I
work of Contractor(s) will conform generally to the Contract
Documens and that the integrity of the design concept as
reflected in the Contract Documents' has been implemented and
preserved by Contractor(s). 9f{ the other hand, ENGINEER
shall not, during such visJCs or as a result of such
observations of Contractor(,s1' work in .progress, supervise,
direct or have contro 1 ~r Contractor(;)' work nor shall
ENGINEER have authQrity over or responsibility for the
means, methods, techniques, sequences or procedures of
construction seleced by Contractor(s), for safe1:y
precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply
with laws, rules regulations, ordinances, codes or orders
appl icable to Contractor(s) furnishing and performng their
work. Accordingly, ENGINEER can neither guarantee the
performance of the construction contracts by Contractor(s)
failure to furnish and perform their work in accordance with
the Contract Documents.
1.2.3. Defective Work. (To be performed by ENGINEER) During such visits
and on the basis of such observations, ENGINEER may disapprove of or
reject Contractor(s)'s work while it is in progress if ENGINEER believes
that such work will not produce a completed Project that conforms
generally. to the Contract Documents or that it will prejudice the
integrity of the design concept of the Project as reflected in the
Contract Documents.
1.2.4. Interpretations and Clarifications. (To be performed by ENGINEER)
ENGINEER shall issue necessary interpretations and clarifications of the
Contract Documents and in connection therewith prepare work directive
changes and change orders as requested by CITY.
1.2.5. Shop Drawings. (To be performed by ENGINEER) ENGINEER shall review
and approve (or take other approproate action in respect of) Shop
Drawings, samples and other data which Contractor(s) are required to
submit, but only for conformance with the design concept of the Project
and compl iance with the information given in the Contract Documents.
Such reviews and approvals or other action shall not extent to means,
met~ods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
1.2.6. Substitutes, (To be performed by ENGINEER) ENGINEER shall evaluate
and determine the acceptabil ity of substitute materials and equipme-nt
proposed by Contractor as listed in the Bidding Documents. All
substitutes of materials and equipment will require written authorization
from the CITY.
1.2.7. Inspections and Tests. (To be performed by CITY) ENGINEER shall
have authority, as CITY's representative, to require special inspection
or testing of the work, and shall receive and review all certificates of
inspection, testings and approvals required by law, rules, regulations,
ordinances, codes, orders or the Contract Documents (but only to
determine generally that their content complies with the requirements of,
and the results certi fied indicate compliance with, the Contract
Documents) .
1. 2.8. Disputes between CITY and Contractor. (To be performed by
ENGINEER) ENGINEER shall act as initial interpreter of the requirements
of the Contract Documents and Judge of the. acceptabil ity of the work
thereunder and make decisions on all claims of CITY and Contractor(s)
relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents Pertaining to the execution and
progress of the work. ENGINEER shall not be liable for the results of
any such interpretations or decisions rendered in good faith.
1.2.9. Appl ications for Payment. (To be performed by CITY) Based on
ENGINEER's on-s ite observat ions as an experienced and quali fied des ign
professional, on information provided by the Resident Project
Representative and on review of appl ications for payment and the
accompanying data and schedules:
1. ENGINEER shall determine the amounts owing to Contractor(s)
and recommend in writing payments to Contractor(s) in such
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amounts. Such recommendatiorrs payment wfll constitute a
representation to CITY, based on such observations and
review, that the work has progressed'to the pOint indicated,
and that, to the best of ENGINEER's knowledge, information
and belief, the quality of ~uc work is generally in
accordance with the Contract cuments (subject to an
evaluation of such work as a f ctioning whole prior to or
upon Substantial Completion{ to the results of any
subsequent tests called for /(0 the Contract Documents and to
any other qual ifications ,$1ated in the reconunendation). In
the case of unit price...--work, ENGINEER's reconunendations of
payment wf11 include final determinations of quantities and
classifications of such work (subject to any subseque~t
adjustments allowed by the Contract Documents).
2. By recommend i ng any payment ENGINEER wfll not thereby be
deemed to have represented that exhaustive, continuous or
deta i I ed rev i ews or examina tions have been made by ENGINEER
to check the quality or quantity of of Contractor(s)' work
as it is furnished and performed beyond the responsibflities
speCifically assigned to ENGINEER in this Agreement and the
Contract Documents. ENGINEER's review of Contractor(s)'s
work for the purposes of recommending. payment wfll not
impose on ENGINEER responsibfl Ity to supervise, direct or
control such work or for the means, methods, techniques,
sequences, or procedures of construction or safety
'precautions or programs incident thereto or Contractor(s)
compJiance with laws, rules, regulations, ordinances, codes
or orders appl icable to their furnishing and performing the
work. It will also not impose responsibflity on ENGINEER to
make any examinat ion to ascerta in how or for what purposes
any Contractor has used the money's paid 'on account of the
Contract Price, or to determine that title to any of the
work, materials or equipment has passed to CITY free and
clear of any lien, claims, security interests or
encumbrances, or that there may not be other ma tters at
issue between CITY and CONTRACTOR that might affect the
amount that should be paid.
1.2.10. Contractor(s) I Completion Documents. (To be peformed by CITY)
ENGINEER shall receive and review maintenance and operating instructions,
sch~ules, guarantees, bonds and cerificates of inspection, tests and
approvals which are to be assembled by Contractor(s) in accordance with
the Contract Documents (but such review will only be to determine that
their content compl ies with the requirements of, and in the case, of
certificates of inspection, tests and approvals the results certifted
indicate compl iance with, the Contract Documents); and shall transmit
them to CITY with written comments.
1.2.11. Inspections. (To be performed by ENGINEER) ENGINEER shall conduct
an inspection to determine if the work is substantially complete and a
final inspection to determine if the completed work is acceptable so that
ENGINEER may recommend, in writing, final payment to Contractor(s) and
may give written notice to CITY and the Contractor(s) that the work is
acceptable (subject to any conditions therein expressed), but any such
recommendation and notice will be subject to the limitations expressed in
paragraph 1.2.9.2.
1.2.12. Limitation of Responsibilities. (To be performed by ENGINEER)
ENGINEER shall not be responsible for the acts or conunissions of any
Contractor, or of any subcontractor or supplier, or any of the
Contractor(s)' or subcontractor's or suppl iel"s agents or employees or
any other persons (except ENGINEER's own employees and agents) a t the
site or otherwise furnishing or performing any of the Contractor(s)'
work; however, nothing contained in paragraph 1.1,1. thru 1.2.11.
inclusive, shall be construed to release ENGINEER from I iabfl ity for
failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
1.3. Resident Project Reprsentation, Listing of the Duties, Responsibfllties
and limitations of Authority.(To be performed by CITY.)
ENGINEER shall furnish a Resident Project
assistants and other field staff to assist
performance of the work of Contractor.
Representative (RPR),
ENGINEER. in observing
- 3 -
ThrQugh mOl extensive on-site observation~of the ,work in progress and
field checks of materials and equipment by the RPR and assistants,
ENGINEER shall endeavor to provide further protection for CITY against
defects and deficiencies in the work of CONTRACTOR; but, the furnishing
of such services will not make ENGINEER responsible for or give ENGINEER
control over construction means, methods, ,nchniques, sequences or
procedures or for safety precautions or progtams, or responsibility for
CONTRACTOR I S fa il ure to perform the Work iJl' accordance wi th the Contract
Documents and in particular the spec)fic limitations set forth in
paragraph 1.2 of the Agreement are, ap~~)Cab1e.
The duties and responsibilities o'f the RPR are limited to those of
ENGINEER in ENGINEER I S agreement with the CITY and in the construction
Contract Documents, and are further limited and described as follows:
1.3.1. General (To be performed by CITY.)
RPR is ENGINEER's agent at the site, will act as directed by and under
the supervision of ENGINEER, and will confer with ENGINEER regarding
RPR's actions. RPR's dealings in matters pertaining to the on-site work
shall in general be with ENGINEER and CONTRACTOR keeping CITY advised as
necessary. RPR I S dealings with subcontractors shall only be through or
with the full knowledge and approval of CONTRACTOR. RPR shall generally
communicate with CITY with the knowledge of and under the direction of
ENGINEER.
1.3.2. Duties and Responsibilities of RPR (To be performed by CITY)
,
1.
Schedules: Review the progress schedule, schedule of Shop
Drawings submittals and schedule of values prepared by CONTRACTOR
and consult with ENGINEER concerning acceptability.
2. Conferences and Meeti ngs: 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. Liaison:
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a. Serve as ENGINEER's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist
in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as CITY's liaison with CONTRACTOR
wherr CONTRACTOR's operations affect CITY's on-site
operations.
b. Assist in obtaining from CITY additional details or
information, when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop DraWings and samples.
b. Receive samples which are furnished at the site by
CONTRACTOR, and notify ENGINEER of availability of samples
for examination.
c. Advise ENGINEER and CONTRACTOR of the COmmencement of any
Work requiring a Shop Drawing or sample if the submittal has
not been approved by ENGINEER.
5. Review of Work, Rejection Of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to
assist ENGINEER in determining if the Work is in general
proceeding in accordance with the Contract Documents. '
b. Report to ENGINEER whenever RPR 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 ENGINEER of Work that RPR
believes should be corrected or rejected or should be
uncovered for observation, or requires, special testing,
inspection or approval.
- 4 -
'.
6.
c. Verify that tests, equipm~..c and systems startups and
operating and maintenance training are conducted in the I
presence of appropriate personnel, and that CONTRACTOR
ma inta Ins adequate records thereof; and observe, record and
report to ENGINEER appropriate de)ails relative to the test
procedures and startups. ~
d, Accompany visiting inspectors ~presenting pUblic or other
agencies having jurisdiction Alver the Project, record the
' /
results of these Tnspections"nd report to ENGINEER.
./
Interpretation of Contract 'Documents: Report to ENGINEER when
clarifications and interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications and interpretations
as issued by ENGINEER.
Modifications: Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Spec i fications and report with RPR' s
recommendations to ENGINEER. Transmit to CONTRACTOR decisions as
issued by ENGINEER.
7.
8.
Records:
,
a. 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
Di rect ive Changes, Addenda, Change Orders, Field Orders,
add i t i ona 1 Drawi ngs issued subsequent to the execution of the
Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project re lated
documents.
b. Keep diary or log book, recording CONTRACTOR hours on the job
site, weather conditions, list of Job site visitors, daily
activities, decisions, observations in general, and specific
observation in more detail as in the case of observig test
procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all
CONTRACTORS, subcontractors and major suppliers of materials and
equipment.
g..J Reports:
a. Furnish ENGINEER periodic reports as required of progress of the
Work and 0 f CONTRACTOR I S compl iance wi th the progress scheditl e
and schedule of Shop Drawings and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
c. Ora ft proposed Change Orders and Work Di rective Changes,
obtaining backup material from CONTRACTOR and recommend to
ENGINEER Change Orders, Work Directive Changes, and Field
Orders.
10. Payment Requests: Review appl ications for payment with CONTRACTOR
for compl iance with the established procedure for their submission
and forward with recommendations to ENGINEER, 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.
11. Certificates, Maintenance and Operation Manuals: During the course
of the Work, veri fy tha t certifica tes, ma intenance and opera tion
manuals and other data required to be assembled and furnished by
CONTRACTOR are appl icable to the items actually installed and in
aCcordance with the Contract Documents, and have this material
del ivered to ENGINEER for review and forwarding to CITY prior to
final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to CONTRACTOR a list of observed items reqUiring
completion or correction.
- 5 -
b. t duct final inspection in the ..."mpany of ENGINEER, CITY, and
CONTRACTOR and prepare a final I ist of items to be completed or I
corrected.
c. Observe that all items on final ~iS have been completed or
corrected and make recommendation to, ENGINEER concerning
acceptance. '
"
/
1.3.3. Limitations of Authority (To be p~rformed by CITY)
,
Resident PrOject Representative: ' ..//
1. Shall not authorize any deviation from the Contract Documents IJr
substitution of materials or equipment, unless authorized by
ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in
the Agreement or the Contract Documents.
.
3. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR's superintendent.
4. Shall not 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. Shall not advise on, issue directions regarding or assume control
over safety precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other
than CONTRACTOR.
7. Shall not authorize CITY to occupy the Project in whole or in part.
8. Shall not partiCipate in specialized field or laboratory tests or
inspections conducted by others except as specifically authorized by
ENGINEER.
1.4. Operational Phase Services (To be performed by CITY)
1.4,,1. Provide assistance in the closing of any financial or related
tra'nsaction for the Project.
1.4.2. Provide assistance in connection with the refining and adjusting
of any equipment or system. .
1.4.3. Assist City in training OWNER's staff to operate and maintain
the Project.
1.4.4. Assist CITY in developing systems and procedures for control of
the opera t i on and ma intenance 0 f and record keepi ng for the Project.
1.4.5. Prepare a set of reproducible record prints of DraWings Showing
those changes made during the construction process, based on the mark-up
prints, drawings and other data furnished by Contractor(s) to ENGINEER
and which ENGINEER considers significant.
1.4.6. In company with CITY, visit the Project to observe any apparent
defects in the completed construction, assist OWNER in consultations and
discussions with Contractor(s) concerning correction of such
deficiencies, and make recommendations as to ~eplacement or correction of
defective work.
2.0. Estimated Compensation (To be performed by ENGINEER)
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and the ENGINEER on June 10, 1985 for
Additional Services and the latest AMENDMENT approved by City Council on
February I, 1989. The estimated compensation to perform certain
Construction Contract Administration Services requested by the CITY for
the PROJECT is as follows:
- 6 -
.
2.1 Summary 0 stimated Compensation
2.1.1. Bidding Phase Services
Refer to
Auth. No. 3
$42,388
43,032
$85,4~0
of compensation by
.
2.1.2. Construction Contract Administration ~vices
2.1.3. Shop Drawing Review ~
"
Total Estimated Compens~tion
/
/
Exhibit A and B sets forth a de~lled estimate
employee category, estimated hours,'and salary cost.
2.2. Additional Engineering Services ReqUiring Authorization in Advance. (to
be performed by ENGINEER)
If authorized in writing by CITY, ENGINEER shall furnish or obtain from
others Additional Services of the types listed in paragraphs 2.2.1
through 2.2.13. inclusive. These services are not as part of Basic
Services, these will be paid for by CITY as indicated in the AMENDMENT TO
AGREEMENT approved by City Council on February 1, 1989.
2.2.1. Preparation of applications and supporting documents (in
addition to those furnished under Basic SerVices) for private or
governmenta I grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements;
reiew and evaluation of the effect on the ,design requirements of the
Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Project.
2.2.2. Services to make measured draWings of or to investigate existing
conditions or facil Hies, or to verify the accuracy of draWings or other
information furnished by CITY.
2.2.3. Services resulting from significant changes in the general
scope, extent or character of the Project or its design including, but
not limited to, changes in size, complexity, CITY's schedule, character
of construction or method of finanCing; and revising preViOUSly accepted
studies, report, design documents or Contract Documents when such
revisions are required by chang-es in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to the preparation of such
stlXlies, reports or documents, or are due to any other causes beyond
ENGINEER's control.
2.2.4. Providing renderings or models for CITY's use.
2.2.5. Preparing documents for alternate bids requested by CITY for
Contractor(s), work which is not executed or documents for out-of-
sequence work.
2.2.6. Investigati,ons and studies involving, but not limited to,
detafled consideration of operations, maintenance and overhead expenses;
providing value engineering during the course of design; the preparation
of feaSibility studies, cash flow and economic evaluations, rate
schedules and appraisals; assistance in obtaining financing for the
Project; evaluating processes available for licensing and assisting CITY
in obtaining process licensing; detafled quantity surveys of material,
equipment and labor; and audits or inventories required in connection
with construction performed by CITY.
2.2.7. Furnishing services of idependent professional associates and
consultants for other than Basic Services (wltich include, but are not
I imfted to, customary civil, structural, mechanical and electrical
engineering and customary architecural design incidental thereto).
2.2.8. Services during out-of-town travel required of ENGINEER. other
than visits to the site or CITY's office.
2.2.9. Assistance in connection with bid p'rotests, rebidding or
renegotiating contracts for construction.
2.2.10. Providing any type of property surveys or related engine'ering
services needed for the transfer of interests in real property and field
surveys for design purposes and engineering surveys and staking to enable
Contractor(s) to proceed with their work; and providing, other speCial
fi e I d surveys.
- 7 -
2.2.11. F >aration of operating, maintl ,nce and staffing manuals to
supplement dasic Services.
I
2.2.12. Preparing to serve or serving as a consultant or witness for
CITY in any I itigtion, arbitration or other legal or administrative
proceeding involving the Project. ~
2.2.13. Additional services in connectio)T with the Project, including
services not otherwise provide for in thJS Agreement.
2.3. Required Additional Services. (To,b~,~rformed by CITY)
When required by the Contract Documents in circumstances beyo.nd
ENGINEER's control, ENGINEER shall furnish or obtain from others, as
circumstances require during construction and without waiting for
specific authorization from CITY, Additional SerVices of the types listed
in paragraphs 2.3.1 through 2.3.6, inclusive. These services are not
included as part of Basic Services. ENGINEER shall advise CITY promptly
after starting any such Additional Services which will be paid for by
CITY .
2.3.1. Services in connection with work directive changes and change
orders to reflect changes requested by CITY if the resulting change in
compensation for Basic Services is not commensurate with the additional
services rendered.
.
2.3.2. Ser.vices in making revisions to, Drawings and Specifications
occasioned' by the acceptance of substitutions proposed by Contractor(s);
and services after the award of each contract in evaluating and
determining the acceptabflity of an unreasonable or excessive number of
substitutions proposed by Contractor.
2.3.3. Services resulting from significant delays, changes or price
increases occurring as a direct or ind'irect result of material, equipment
or energy shortages.
2.3.4. Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during construction,
(2) a significant amount of defective or neglected work of any
Contractor, (3) acceleration of the progress schedule involving services
beyond normal working hours, and (4) default by any Contractor.
2.3-(5. Services (other than Basic Services during the Operational
Phase) in connection wi th any partial utfl ization of any part of the
Project by CITY prior to Substantial Completion.
2.3.6. Evaluating an unreasonable or extensive number of claims
submitted by Contractor(s) or others in connecion with the work.
3.0. CITY'S RESPONSIBILITIES (To be performed by CITY)
CITY shall do the following in a timely manner so as not to delay the
services of ENGINEER:
3.1 Designate in writing a person to act as CITY's representative with
respect to the services to be rendered under this Agreement. Such person
shall have complete authority to transmit instructions, receive
information, interpret and define CITY's pol icies and decisions with
respect to ENGINEER's services for the Project.
3.2. Assist ENGINEER by placing at ENGINEER's disposal all avaflable
information pertinent to the Project includin,g previous reports and any
other data relative to design or construction of the Project.
\
3.3. Examine all stud ies, reports, sketches, Drawings, Spec ifica t ions,
proposals and other documents presented by ENGINEER, obtain advice. of an
attorney, insurance counselor and other counsultants as CITY deems
appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.4. FurniSh approvals and permits from all governmental authorities
having jurisdiction over the PrOject and such approvals and consents from
others as may be necessary for completion of the,Project.
-8-
.
3.5'. Provi such accounting, independent .ost esUmating and insurance
cownseling services as may be required for the Project, such legal
services as CITY may require or ENGINEER may reasonably request with I
regard to legal issues pertaining to the Project including any that may
be raised by Contractor(s), such auditing service as CITY may require to
ascertain how or for what purpose any contracco has used the moneys paid
under the construction contract, and such ins ction services as CITY may
require to ascertain that Contractor(s) are" omplying with any law, rUled
regulation, ordinance, code or order appl1cable to their furnishlng an
performing the work. /
//'
3.6. If CITY designates a person to,. represent CITY at the site who is not
an engineer or ENGINEER's agent or employee, the duties, responsibilities
and limitations of authority of such other person and the affect therebf
on the duties and responSibflities of ENGINEER and the Resident Project
Representative (and any assistants) will be set forth in an exhibit that
is to be identified, attached to and made a part of this Agreement before
such services begin.
3.7. Attend the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other job related meetings and
substantial completion inspections and final payment inspections.
3.8. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any development that affects the scope or
timing of ENGINEER's services, or any defect or non-conformance in the
work of any Contractor.
3.9. Bear all costs incident to compliance with the reqUirements of this
Section 3.
4.0 PERIODS OF SERVICE (TO be performed by ENGINEER)
4.1. The provisions of this Section 4 and the various rates of
compensation for ENGINEER's services provided for elsewhere in this
Agreement have been agreed to in anticipation of the orderly and
continuous progress of the Project through completion of the Construction
Phase. ENGINEER's obligation to render services hereunder will extend
for a period which may reasonably be, required for the award of contracts,
construction and initial operation of the Project including extra work
and required extensions thereto. Specific periOds of time for rendering
services are set forth in Section 4.7. by which services are to be
comgleted are provided and if such dates are exceeded through no fault of
ENG'INEER, all rates, measures and amounts of compensaion provided herein
shall be SUbject to equitable adjustment.
4.2. After acceptance by CITY of the ENGINEER's Drawings, Specifications.
and other Final Design Phase documentation including the most recent
opinion of prObable Total Project Costs and upon written authorization to
proceed, ENGINEER shall proceed with performance of the services called
for in the Bidding Phase. This Phase shall terminate and the services to
be rendered thereunder shall be considered complete upon commencement of
the Construction Phase.
4.3. The Construction Phase will commence with the execution of the first
prime contract to be executed for the work of the Project or any part
thereof, and will termina te upon written recommendation by ENGINEER of
final payment of the last prime contract to be completed.
4.4. The Operational Phase wfll commence during the Construction Phase
and wfll terminate one year after the date of Substantial Completion of
the last prime contract for con.struction, materials and equipment on
which substantial completion is achieved. .
4.5. If OWNER has requested significant modifications or changes in the
general scope, extent or character of the Project, the time of
performance of ENGINEER's services shall be adjusted eqUitably. .
4.6. If ENGINEER's services during construction of the Project are
delayed or suspended in whole or in part by CITY for more than three
months for reasons beyond ENGINEER I S control, ENGINEER shall on wri tten
demand to CITY (but without termination of this Agreement) be paid. If
such delay or suspension extends for more than one year for reasons
beyond ENGINEER's control, or if ENGINEER for any reason is required to
render Construction Phase services in respect of any prime contract for
- 9-
construct I, materials or equipment more ...han one year after Substantial
Completion' is achieved under that Contract, the various rates of
'compensation provided or elsewhere in this Agreement shall be subject to I
equitable adjustment.
4.7. ENGINEER's anticipated project sChedule~s follows:
4.7.1. Bidding Phase
"
/
Advertise for Bids / February 21, 1989
a. / -
b. Open Bi ds / April 5, 1989
c. Issue Recommendation 'to" Aprll 18, 1989
Award Bid
4.7.2. Construction Phase
a. Award Contract April 25, 1989
b. Commencement of Construction - May 29, 1989
c. Substantial Completion ,April 1990
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
AMENDMENT to AGREEMENT upon terms and conditions above stated on this
day of , 1989.
For the ENGINEER:
For the CITY:
.
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
CITY OF DELRAY BEACH
By:
By:
Doak S. Campbell, III
Mayor
Attest:
Attest:
,"
Approved as to Form
.
City Attorney
w:A40-14-009.00
- 10 -
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AUTHORIZATION NO. 3A (THREE A) TO AGREEMENT
.Entered Into and Between
CITY OF DELRAY BEACH, FLORIDA
100 N. W. 1st Avenue
Da ted Februa ry 1, 1989
AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1665 Palm Beach Lakes Boulevard'
Suite 500, Tower B
West Palm Beach, Florida 33401
SHOP DRAWINGS REVIEW FOR THE
WATER TREATMENT PLANT EXPANSION PROJECT
1.0 SCOPE OF SERVICES
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide professional
engineering and related services , as hereinafter described to the City of
Delray Beach, Florida (CITY) during the Bidding and Construction Phase of the
Water Treatment Plant Expans ion Project (PROJECT). CITY desires to perform
the construction contract administration services, resident project
representation services and the operational phase services. These services
are categorized and defined as follows:
1.1. Bidding Phase Services - (Refer to PBS&J Authorization No.3 approved by
City Arpil 12, 1989.)
1.2. Construction Contract Administration Services: (To be performed jOintly
by CITY and ENGINEER)
1.2.1 General Administration of Construction Contract. (To be performed
by City) ENGINEER shall consult with and advise CITY and act as CITY's
representative. All of CITY's instruction to Contractor(s) will be
issued through ENGINEER who will have authority to act on behalf of City.
General Administration of the Construction Contract includes the
following:
1. Attend preconstruction conference.
2. Attend meetings with CITY and Contractor.
3. Conduct telephone consultation with C1TY,
Contractor and Resident Project Representative.
4. Prepare general correspondence.
5. Issue CITY's instructions to Contractor.
6. Interpret intent of Contract Documents.
1.2.2. Visits to Site and Observation of Construction.
by ENGINEER) In connection with observations of the work
while it is in progress:
(To be performed
of Contractor(s)
1. ENGINEER shall make periodic visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qual ified design professional the progress
and qual ity of the various aspects of Contractor(s)' work.
CITY shall provide the services of a Resident Project
Representative to provide more cOQtinuous observation of
such work. Based on information obtained during such visits
and on such observations, ENGINEER shall endeavor to
determine in general if such work is proceeding in
accordance with the Contract Documents.
2. The Resident Project Representative (and any assistants)
will be CITY agent or employee and under ,CITY's supervision.
3. The purpose of ENGINEER's visits to and representation by
the CITY's Resident Project Reprsentative (and assistants,
if any) at the site will be to enable ENGINEER to better
carry out duties and responsibilities assigned to and
undertaken by ENGINEER duri ng the Construction ,Phase, and,
~B
- 1 -
in addition, by exercise of ENGINEER's efforts as an
experienced and qual ified design professional, to provide
for CITY a greater degree of confidence that the completed
work of Contractor(s) will Conform generally to the Contract
Documens and that the integrity of the design concept as
reflecte4 in the Contract Documents has been implemented and
preserved by Contractor(s). On the other hand, ENGINEER
shall not, during such visits or as a result of such
observations of Contractor(s)' work in progress, supervise,
direct or have control over Contractor(s)' work nor shall
ENGINEER have authority over or responsibility for the
means, methods, techniques, sequences or procedures of
construction seleced by Contractor(s), for safety
precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply
with laws, rules regulations, ordinances, codes or orders
appl icable to Contractor(s) furnishing and performng their
work. Accordingly, ENGINEER can neither guarantee the
performance of the construction contracts by Contractor(s)
failure to furnish and perform their work in accordance with
the Contract Documents.
1.2.3. Defective Work. (To be performed by ENGINEER) During such visits
and on the basis of such observations, ENGINEER may disapprove of or
reject Contractor(s) 's work while it is in progress if ENGINEER believes
that such work will not produce a completed Project that conforms
generally to the Contract Documents or that it will prejUdice the
integrity of the design concept of the Project as reflected in the
Contract Documents.
1.2.4. Interpretations and Clarifications. (To be performed by ENGINEER)
ENGINEER shall issue necessary interpretations and clarifications of the
Contract Documents and in connection therewith prepare work directive
changes and change orders as requested by CITY.
1.2.5. Shop Drawings. (To be performed by ENGINEER) ENGINEER shall review
and approve (or take other approproate action in respect of) Shop
Drawings, samples and other data which Contractor(s) are required to
submit, but only for conformance with the design concept of the Project
and compl iance with the information given in the Contract Documents.
Such rev iews and approva I s or other act ion sha 11 not extent to means,
methods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
1.2.6. Substitutes. (To be performed by ENGINEER) .ENGINEER shall evaluate '.
and determine the acceptabil ity of substitute materials and equipment
proposed by Contractor as I isted in the Bidding Documents. All
substitutes of materials and equipment will require written authorization
from the CITY.
1.2.7. Inspections and Tests. (To be performed by CITY) ENGINEER shall
have authority, as CITY's representative, to require special inspection
or testing of the work, and shall receive and review all certificates of
inspection, testings and approvals required by law, rules, regulations,
ordinances, codes, orders or the Contract Documents (but only to
determine generally that their content complies with the requirements of,
and the results certified, indicate compliance with, the Contract
Documents).
1.2.8. Disputes between CITY and Contractor. (To be performed by
ENGINEER) ENGINEER shall act as initial interpreter of the requirements
of the Contract Documents and judge of the acceptabil ity of the work
thereunder and make decisions on all claims of CITY and Contractor(s)
relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and
progress of the work. ENGINEER shall not be I iable for the results of
any such interpretations or decisions rendered in good faith.
1.2.9. Applications for Payment. (To be performed by CITY) Based on
ENGINEER's on-site observations as an experienced and qualified design
professional, on information provided by the Resident Project
Representative and on review of appl ications for payment and the
accompanying data and schedules:
1. ENGINEER shall determine the amounts owing to Contractor(s)
and recommend in writing payments to Contractor(s) in such
- 2 -
amounts. Such recommendations payment will constitute a
representation to CITY, based on such observations and
review, that the work has progressed to the pOint indicated,
and that, to the best of ENGINEER's knowledge, information
and bel ief, the qual ity of such ,work is generally in
accordance with the Contract Documents (SUbject to an
evaluation of such work as a functioning whole prior to or
upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents and to
any other qual ificatfons stated in the recommendation). In
the case of unit price work, ENGINEER's recommendations of
payment will include final determinations of quantities and
classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents).
2. By recommend i ng any payment ENGI NEER will not thereby be
deemed to have represented that exhaustive, continuous or
detailed reviews or examinations have been made by ENGINEER
to check the quality or quantity of of Contractor(s), work
as it is furnished and performed beyond the responsibilities
speCifically assigned to ENGINEER in this Agreement and the
Contract Documents. ENGINEER's review of Contractor(s)'s
work for the purposes of recommending payment will not
impose on ENGINEER responSibility to supervise, direct or
contro I such work or for the means, methods, techn i ques,
sequences, or procedures of construction or safety
precautions or programs incident thereto or Contractor(s)
compliance with laws, rules, regulations, ordinances, codes
or orders appl icable to their furnishing and performing the
work. It will a I so not impose res pons i bil ity on ENGINEER to
make any examination to ascertain how or for what purposes
any Contractor has used the moneys pa id on account of the
Contract Price, or to determine that title to any of the
work, materials or equipment has passed to CITY free and
clear of any lien, claims, security interests or
encumbrances, or that there may not be other matters at
issue between CITY and CONTRACTOR that might affect the
amount that should be paid.
1.2.10. Contractor(s)' Completion Documents. (To be peformed by CITY)
ENGINEER shall receive and review maintenance and operating instructions,
schedules, guarantees, bonds and cerificates of inspection, tests and
approvals which are to be assembled by Contractor(s) in accordance with
the Contract Documents (but such review will only be to determine that
their content compl ies with the requirements of~ and in the case of '.
certificates of inspection, tests and approvals the results certified
indicate compl iance with, the Contract Documents); and shall transmit
them to CITY with written comments.
1.2.11. Inspections. (To be performed by ENGINEER) ENGINEER shall conduct
an inspection to determine if the work is substantially complete and a
final inspection to determine if the completed work is acceptable so that
ENGINEER may recommend, in wri t i ng, fina I payment to Contractor( s) and
may give written notice to CITY and the Contractor(s) that the work is
acceptable (subject to any conditions therein expressed), but any such
recommendation and notice will be subject to the limitations expressed in
paragraph 1.2.9.2.
1.2.12. Limitation of Responsibilities. (To be performed by ENGINEER)
ENGINEER shall not be responsible for the acts or commissions of any
Contractor, or of any subcontractor or supp,lier, or any of the
Contractor(s)' or subcontractor's or supplier's agents or employees or
any other persons (except ENGINEER's own employees and agents) at the
site or otherwise furnishing or performing any of the Contractor(s),
work; however, nothing contained in paragraph 1.1.1. thru 1.2.11.
inclusive, shall be construed to release ENGINEER from liability for
failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
1.3. Resident Project Reprsentation, Listing of the Duties, ResponSibilities
and Limitations of Authority.(To be performed by CITY.)
ENGINEER shall furnish a Resident Project Representative (RPR),
assistants and other field staff to observe performance of the work of
Contractor.
- 3 -
Through more ex.cnsive on-site observations of the work in progress and
field checks of materials and equipment by the RPR and assistants,
ENGINEER shall endeavor to provide further protection for CITY against
defects and deficiencies in the work of CONTRACTOR; but, the furnishing
of such services will not make ENGINEER responsible for or give ENGINEER
control over constru~tion means, methods, techniques, sequences or
procedures or for safety precautions or programs, or responsibility for
CONTRACTOR's failure to perform the Work in accordance with the Contract
Documents and in particular the speci fic I imitations set forth in
paragraph 1.2 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of
ENGINEER in ENGINEER's agreement with the CITY and in the construction
Contract Documents, and are further limited and described as follows:
1.3.1. General (To be performed by CITY.)
RPR is ENGINEER's agent at the site, will act as directed by and under
the supervision of ENGINEER, and will confer with ENGINEER regarding
RPR's actions. RPR's dealings in matters pertaining to the on-site work
shall in general be with ENGINEER and CONTRACTOR keeping CITY advised as
necessary. RPR's dealings with subcontractors shall only be through or
with the full knowledge and approval of CONTRACTOR. RPR shall generally
communicate with CITY with the knowledge of and under the direction of
ENGINEER.
1.3.2. Duties and Responsibilities of RPR (To be performed by CITY)
1. Schedules: Review the progress schedule, schedule of Shop
Drawings submittals and schedule of values prepared by CONTRACTOR
and consult with ENGINEER concerning acceptability.
2. Conferences and Meetings: Attend meetings with CONTRACTOR, such
as preconstruct ion conferences, progress meetings, jOb
conferences and other project-related meetings, and prepare and
circulate copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist
in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as CITY's liaison with CONTRACTOR
when CONTRACTOR's operations affect CITY's on-site
operations.
b. Assist in obtaining from CITY additional details or
information, when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by
CONTRACTOR, and notify ENGINEER of availability of samples
for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any
Work requiring a Shop Drawing or sample if the submittal has
not been approved by ENGINEER.
5. Review of Work. Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to
assist ENGINEER in determining if the Work is in general
proceeding in accordance with the Contract Documents.
h. Report to ENGINEER whenever RPR bel ieves 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 ENGINEER of Work that RPR
believes should be corrected or rejected or should be
uncovered for observation, or requires special testing,
inspection or approval. '
- 4 -
c. Verify that tests, equipment and systems startups and
operating and maintenance training are conducted in the
presence of appropriate personnel, and that CONTRACTOR
ma inta ins adequate records thereof; and observe, record and
report to ENGINEER appropriate details relative to the test
procedure~ and startups.
d. Accompany visiting inspectors representing public or other
agencies having jurisdlction over the Project, record the
results of these inspections and report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when
clarifications and interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications and interpretations
as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and report with RPR's
recommendat ions to ENGINEER. Transmit to CONTRACTOR dec i s ions as
issued by ENGINEER.
8. Records:
a. 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
Di rect ive Changes, Addenda, Change Orders, Fie I d Orders,
additional Drawings issued subsequent to the execution of the
Contract, ENGINEER's clarificat ions and interpretations of the
Contract Documents, progress reports, and other Project reI ated
documents.
b. Keep diary or log book, recording CONTRACTOR hours on the jOb
site, weather conditions, I ist of job site visitors, daily
activities, decisions, observations in general, and specific
observation in more detail as in the case of observig test
procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all
CONTRACTORS, subcontractors and major suppliers of materials and
equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the
Work and of CONTRACTOR 1 S compl iance with" the progress schedule .
and schedule of Shop Drawings and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
c.
Draft proposed
obtaining baCkup
ENGINEER Change
Orders.
Change Orders and Work Directive Changes,
lOa ter i a I from CONTRACTOR and recommend to
Orders, Work Directive Changes, and Field
10. Payment Requests: Review appl ications for payment with CONTRACTOR
for compl iance with the establ ished procedure for their submission
and forward with recommendations to ENGINEER, 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. .
11. Certificates, Maintenance and Operation Manuals: 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 appl icable to the items actually installed and in
accordance with the Contract Documents, and have this material
del ivered to ENGINEER for review and forwardirrg to CITY prior to
final payment for the Work.
12. Completion:
a.
Before ENGINEER issues a Cert i fica te
submit to CONTRACTOR a I ist of
completion or correction.
of Substantial Completion,
observed items requiring
.
- 5 -
b. Conduct final inspection in the company of ENGINEER, CITY, and
CONTRACTOR and prepare a final I ist of items to be completed or
corrected.
c. Observe that all items on final list have been completed or
corrected and make recommendations to ENGINEER concerning
acceptance. '
1.3.3. Limitations of Authority (To be performed by CITY)
Resident PrOject Representative:
1.
Shall not authorize any deviation from the
substitution of materials or equipment,
ENG I NEER.
Contract Documents or
unless authorized by
2. Shall not exceed limitations of ENGINEER's authority as set forth in
the Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR1s superintendent.
4. Shall not advise on, issue directions relative to or assume control
over any a spect of the means, methods, techn i ques, sequences or
procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control
over safety precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other
than CONTRACTOR.
7. Shall not authorize CITY to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or
inspections conducted by others except as specifically authorized by
ENGINEER.
1.4. Operational Phase Services (To be performed by CITY)
1.4.1. Provide assistance in the closing of any financial or related
transaction for the Project.
1.4.2. Provide assistance in connection with the refining and adjusting
of any equipment or system. .
1.4.3. Assist City in training OWNER's staff to operate ,and maintain
the Project.
1.4.4. Assist CITY in 'developing systems and procedures for control of
the operation and maintenance of and record keeping for the Project.
1.4.5. Prepare a set of reproducible record prints of Drawings showing
those changes made during the construction process, based on the mark-up
prints, drawings and other data furnished by Contractor(s) to ENGINEER
and which ENGINEER considers significant.
1.4.6. In company with CITY, visit the Project to observe any apparent
defects in the completed construction, assist OWNER in consultations and
discussions with Contractor(s) concerning . correction of such
deficiencies, and make recommendations as to replacement or correction of
defective work.
2.0. Estimated Compensation (To be performed by ENGINEER)
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and the ENGINEER on June 10, 1985 for
Additional Services and the latest AMENDMENT approved by City Council on
February 1, 1 989. The estimated compensa tion to perform certain
Construction Contract Administration Services requested by the CITY for
the PROJECT is as follows:
- 6 -
2.1 Summa ry 0 f Es t 1 ilia ted Compensa t i on
2.1.1. Bidding Phase Services
Refer to
Auth. No. 3
$42,388
43,032
$85,420
of compensation by
2.1.2. Construction Contract Administration Services
2.1.3. Shop Drawing Review
Total Estimated Compensation
Exhibit A and B sets forth a detailed estimate
employee category, estimated hours, and salary cost.
2.2. Additional Engineering Services Requiring Authorization in Advance. (To
be performed by ENGINEER)
If authorized in writing by CITY, ENGINEER shall furnish or obtain from
others Additional Services of the types listed in paragraphs 2.2.1
through 2.2.13. inclusive. These services are not as part of Basic
Services, these will be paid for by CITY as indicated in the AMENDMENT TO
AGREEMENT approved by City Council on February 1, 1989.
2.2.1. Preparation of applications and supporting documents (in
addition to those furnished under Basic Services) for private or
governmental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements;
reiew and evaluation of the effect on the design requirements of the
Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Project.
2.2.2. Services to make measured drawings of or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other
information furnished by CITY.
2.2.3. Services resulting from significant changes in the general
scope, extent or character of the Project or its design including, but
not I imited to, changes in size, complexity, CITY's schedule, character
of construction or method of financing; and revising previously accepted
studies, report, design documents or Contract Documents when such
revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to the preparation of such
studies, reports or documents, or are due to any other causes beyond
ENGINEER's control.
2.2.4.
Providing renderings or models for CITY's ~se.
2.2.5. Preparing documents for alternate bids requested by CITY for
Contractor(s), work which is not executed or documents for out-of-
sequence work.
2.2.6. Investigations and studies involving, but not limited to,
detailed consideration of operations, maintenance and overhead expenses;
providing value engineering during the course of design; the preparation
of feasibil ity studies, cash flow and economic evaluations, rate
schedules and appraisals; assistance in obtaining financing for the
Project; evaluating processes available for licensing and assisting CITY
in obtaining process I icensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection
with construction performed by CITY.
2.2.7. Furnishing services of idependent profesSional associates and
consultants for other than Basic Services (whiCh include, but are not
I imited to, customary civil, structural, mechanical and electrical
engineering and customary architecural design incidental thereto).
2.2.8. Services during out-of-town travel required of ENGINEER other
than visits to the site or CITY's office.
2.2.9. Assistance in connection with bid protests, rebidding or
renegotiating contracts for construction.
2.2.10. Providing any type of property surveys or related engineering
services needed for the transfer of interests in real property and field
surveys for design purposes and engineering surveys and staking to enable
Contractor(s) to proceed with their work; and providing other special
field surveys.
- 7 -
2.2.11. Preparu.;on of operating, maintenance and staffing manuals to
supplement Basic Services.
2.2.12. Preparing to serve or serving as a consultant or witness for
CITY in any litigtion, arbitration or other legal or administrative
proceeding inVOlVing t~e Project.
2.2.13. Additional services in connect ion with the Project, including
services not otherwise provide for in this Agreement.
2.3. Required Additional Services. (To be performed by CITY)
When required by the Contract Documents in circumstances beyond
ENGINEER's control. ENGINEER shall furnish or obtain from others, as
circumstances require during construction and without waiting for
specific authorization from CITY, Additional Services of the types listed
in paragraphs 2.3.1 through 2.3.6, inclusive. These services are not
included as part of Basic Services. ENGINEER shall advise CITY promptly
after starting any such Additional Services which will be paid for by
CITY .
2.3.1. Services in connection with work directive Changes and change
orders to reflect changes requested by CITY if the resulting change in
compensation for Basic Services is not conunensurate with the additional
services rendered.
2.3.2. Services in making revisions to Drawings and Specifications
occasioned by the acceptance of substitutions proposed by Contractor(s);
and services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of
substitutions proposed by Contractor.
2.3.3. Services resulting from significant delays, changes or price
increases occurring as a direct or indirect result of material, equipment
or energy shortages.
2.3.4. Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during construction,
(2) a significant amount of defective or neglected work of any
Contractor, (3) acceleration of the progress schedule involving services
beyond normal working hours, and (4) default by any Contractor.
2.3.5. Services (other than Basic Services during the Operational
Phase) in connection with any partial util ization of any part of the
Project by CITY prior to Substantial Completion.
2.3.6. Evaluating an unreasonable or extensive number of claims
submitted by Contractor(s) or others in connecion with the work.
3.0. CITY'S RESPONSIBILITIES (To be performed by CITY)
CITY shall do the following in a timely manner so as not to delay the
services of ENGINEER:
3.1 Designate in writing a person to act as CITY's representative with
respect to the services to be rendered under this Agreement. Such person
shall have complete authority to transmit instructions, receive
information, interpret and define CITY's pol icies and decisions with
respect to ENGINEER's services for the Project.
3.2. Assist ENGINEER by placing at ENGINEERls disposal all available
information pertinent to the Project including pr:evious reports and any
other data relative to design or construction of the Project.
3.3. Examine all studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by ENGINEER, obtain advice of an
attorney, insurance counselor and other counsultants as CITY deems
appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as, not to delay the
services of ENGINEER.
3.4. Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and consents from
others as may be necessary for completion of the Project.
- 8 -
"
3.5. Provide Such accounting, independent COSt estimating and insurance
counseling services as may be required for the Project, such legal
services as CITY may require or ENGINEER may reasonably request with
regard to legal issues pertaining to the PrOject including any that may
be raised by Contractor(s), such auditing service as CITY may require to
ascertain how or for what purpose any Contractor has used the moneys paid
under the construction' contract, and such inspection services as CITY may
require to ascertain that Contractor(s) are complying with any law, ruled
regulation, ordinance, code or order applicable to their furnishIng an
performing the work.
3.6. If CITY designates a person to represent CITY at the site who is not
an engineer or ENGINEER's agent or employee, the duties, responsibilities
and I imitations of authority of such other person and the affect thereof
on the duties and responsibil ities of ENGINEER and the Resident Project
Representative (and any assistants) will be set forth in an exhibit that
is to be identified, attached to and made a part of this Agreement before
such services begin.
3.7. Attend the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other job related meetings and
substantial completion inspections and final payment inspections.
3.8. Give prompt written notice to ENGINEER whenever CITY observes or
otherwi se becomes awa re of any development tha t a ffects the scope or
timing of ENGINEER's services, or any defect or non-conformance in the
work of any Contractor.
3.9. Bear all costs incident to compliance with the requirements of this
Sect ion 3.
4.0 PERIODS OF SERVICE (TO be performed by ENGINEER)
4.1. The provisions of this Section 4 and the various rates of
compensation for ENGINEER's services provided for elsewhere in this
Agreement have been agreed to in anticipation of the orderly and
continuous progress of the Project through completion of the Construction
Phase. ENGINEER's obI igation to render services hereunder will extend
for a period which may reasonably be required for the award of contracts,
construction and initial operation of the Project including extra work
and required extens ions thereto. Spec i fic periods of time for rendering
services are set forth in Section 4.7. by which services are to be
completed are provided and if such dates are exceeded through no fault of
ENGINEER, all rates, measures and amounts of compensaion provided herein
shall be subject to equitable adjustment.
4.2. After acceptance by CITY of the ENGINEER's Drawings, Specifications.
and other Final Design Phase documentation including the most recent
opinion of prObable Total Project Costs and upon written authorization to
proceed, ENGINEER shall proceed with performance of the services called
for in the Bidding Phase. This Phase shall terminate and the services to
be rendered thereunder shall be considered complete upon commencement of
the Construction Phase.
4.3. The Construction Phase will commence with the execution of the first
prime contract to be executed for the work of the Project or any part
thereof, and will terminate upon written reconlDendation by ENGINEER of
final payment of the last prime contract to be completed.
4.4. The Operational Phase will commence during the Construction Phase
and will terminate one year after the date of Substantial Completion of
the last prime contract for construction, mat~rials and equipment on
which substantial completion is achieved.
4.5. If OWNER has requested significant modifications or changes in the
general scope, extent or character of the Project, the time of
performance of ENGINEER's services shall be adjusted equitably.
4.6. If ENGINEER's services during construction Qf the Project are
delayed or suspended in whole or in part by CITY for more than three
months for reasons beyond ENGINEER's control, ENGINEER shall on written
demand to CITY (but without termination of this Agreement) be paid. If
such delay or suspension extends for more than one year for reasons
beyond ENGINEER's control, or if ENGINEER for any reason is requ i red to
render Construction Phase services in respect of any prime contract for
- 9 -
construction, ma,erials or equipment more than one year after Substantial
Completion is achieved under that Contract, the various rates of
compensation provided or elsewhere in this Agreement shall be subject to
equitable adjustment.
4.7. ENGINEER's anticipated project schedule is as follows:
4.7.1. Bidding Phase
a. Advertise for Bids
b. Open Bids
c. Issue Recommendation to
Award Bid
February 21, 1989
April 5, 1989
April 18, 1989
4.7.2. Construction Phase
a. Award Contract
b. Commencement of Construction _
c. Substantial Completion
April 25, 1989
May 29, 1989
April 1990
I N WITNESS WHEREOF, the part ies hereto have accepted, made and executed thi s
AMENDMENT to AGREEMENT upon terms and conditions above stated on this
day of , 1989.
For the ENGINEER:
For the CITY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
CITY OF DELRAY BEACH
By:
By:
Doak S. Campbell, III
Mayor
Attest:
Attest:
Approved as to Form
City Attorney
.
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
WALTER O. BARRY
CITY MANAGER
FRANK SPENCE ,~~
DIRECTOR DEVELOPMENT SERVICES
THROUGH:
FROM: klLGATES D. CASTLE, P.E.
N INTERIM CITY ENGINEER
SUBJECT: STORMWATER UTILITY FEE STUDY
DATE: MAY 4, 1989
ITEM - Award of Phase II of the subject study
Background Information ,
In the 1988/89 BUdget, $45,000 was budgeted for a
Stormwater Utility Fee Study. As a part of their
Engineering Contract with the City, Gee & Jenson was
authorized to proceed with the Preliminary Inventory of
Existing Data and Study Plan for the project. This
phase (Phase I) is now complete and Phase II needs to
be undertaken. Phase II of the Study involves data
acquisition from the various sources identified in
Phase I, compilation and processing of the data, and
coordination (involving meetings, correspondence, etc.)
Alternate Actions
The alternatives to authorizing Gee and Jenson to do
the work would be to either do the work in- house or
contract with another consultant to perform the study.
Neither alternative is practical since "in-house" staff
doesn't have the time to do the work, while the
selection of a different consultant would be
time-consuming and not guarantee any money savings.
Recommendations
Engineering recommends that Phase II of the Stormwater
Utility Fee Study be awarded to Gee & Jenson, at a fee
not to exceed $17,500.
An Agenda Request Form is attached for processing.
GDC:slg
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MEMORANDUM
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.-
Services
TO:
Walter O. Barry, City Manager
~ert A. Barcinski, Asst. City
May 2, 1989
FROM:
DATE:
SUBJECT: Documentation City Commission Meeting
Approval - Trailer Space Lease
May 9, 1989
ITEM BEFORE COMMISSION
City Commission is requested to approve a one (1) year lease with Gelco
Space for a 1600 square foot trailer to be utilized by the Planning and
Zoning Department during the City Hall Expansion Project. Funding will
be provided as follows: $ 8,515 - Planning and Zoning Department FY88-89
Operating Budget Account #001-2511-515-33.41, and balance of $ 11,154 to
be budgeted in the FY89-90 budget.
BACKGROUND
During construction of the City Hall Expansion Project there will be a
need to relocate the Planning and Zoning Department to a temporary
facility. Construction elements are designed to remove walls within the
Planning and Zoning Department. A new corridor will be built through
what is now the Planning Director's Office, Secretarial space and the
Assistant Planning Director's Office. Additionally, the Data Processing
Offices will be expanded into the Planning area. This construction will
make it almost impossible for the Planning and Zoning Department to carry
on its functions. Costs for temporary office space were obtained. The
trailer lease is our most cost effective option, and will provide
computer linkage to our main system.
RECOMMENDlTION
Staff recommends approval of a one (1) year lease with Gelco Space for a
1600 square foot trailer to be utilized by the Planning and Zoning
Department during the City Hall Expansion Project, with funding to be
provided from account #001-2511-515-33.41 ($8,515), and balance ($11,154)
to be included in the FY89-90 Budget.
RAB/sfd
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M E M 0 RAN 0 U M
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RECEIVED"
lWl1389
COMMUNITY SERVICE
/
TO:
./
John W. Elliott. Jr.. Assista~ity Manager/
Managemen~ Services
FROM:
Ted Glas, Purchasing Director
DATE:
March 13, 1989
SUBJECT:
Lease of Trailer Office Space for Planning
Department
In addition to Purchasing's memorandum dated January 13,
1989, the following information is submitted for your
review.
If the City desires to lease the needed office space for a
12 month period, costs will be as follows from Gelco Space:
Base Lease Rate . . . . . . .
B 1 i nds . . . . . . . . . . .
J Boxes . . . . . . . . . . .
Span. . . . . . . . . . . .
Delivery Charge (One Time).
Set-up Charge (One Time). . .
Per Month
$ 1,295.
40.
7.
40.
Total
$15,540.
480.
84.
480.
1,185.
1,190.
$19,669.
Total Cost
(Delivery '" 30-40 Days After Receiving Order)
,"
:!Id ~
Ted Glas
Purchasing Director
pc Robert Barcinski
Yvonne Kincaide
Attachments:
Quotation from Gelco Space
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MEMORANDUM ~
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CITY MANAG.E/
WALTER O. BARRY,
FROM: ~OBERT A. BARCINSKI,
~ ASSISTANT CITY MANAGER COMMUNITY SERVICES
DATE:
SUBJECT:
MARCH 24, 1989
TRAILER OFFICE SPACE - CITY HALL/PLANNING
AND UTILITY BILLING
I have completed my review of the need for trailer office space for
the Planning Department during the City Hall expansion project.
This request has been reviewed with the' architect, Development
Services Director, Planning Director, Finance Director and
Purchasing Director.
There will definitely be a need to relocate the Planning Department
into temporary office space during the expansion project for
approximately 12 to 14 months. The relocation should take place no
later than one month after construction starts. Attached is a memo
from the PurChasing Director which outlines costs. Funds for set up
and the monthly lease costs are available in the Planning Department
BUdget. (See attached memos). A triple wide trailer approximately
1600 sq. ft. is needed. We also looked at leasing office space. The
average cost for office space would be approximately $10 per square
foot.
I recomm~d we pursue approval after Commission makes a final
decision on the reapproval of the construction contract.
RAB/cm
Attachments
,
cc: Frank Spence
David Kovacs
David Huddleston
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