03-02-93SpMtg MARCH 2~ 1993
A Special Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Thomas E.
Lynch in the Auditorium at Pompey Park at 6:05 P.M., Tuesday,
March 2, 1993.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Jeffrey S. Kurtz
Mayor Lynch called the meeting to order and announced
that this meeting has been called for the purpose of considering
the following:
1. Elevated Storage Tank Se~tlgm~n~ wi~h PQ~%, Buckley,
Schuh and Jernigan. The Commission is to consider a settlement
offer from Post, Buckley, Schuh and Jernigan with respect to the
Elevated Storage Tank Project. City Attorney and Environmental
Services Director recommend acceptance.
The City Attorney outlined the history of the project
and the problems which arose with the original work in two basic
areas. First, a seam sealant was not applied and instead extra
layers of paint were applied to the interior of the tank. This
resulted in the protective coating breaking down and the applica-
tion having to be redone. The second problem was that sway rods
which maintain the structural integrity of the tank were not
tightened. On both of these items, the parties involved (Post,
Buckley, Schuh and Jernigan, the engineers, and Dees Construc-
tion, the contractor) do not admit liability or fault, but rather
assess the blame in other directions. On February 23, 1993, the
Commission authorized a change order with Dees Construction for
warranty repairs and corrections to the project. That change
order settled other claims against Dees for their responsibility
as to the defective work. Post, Buckley, Schuh and Jernigan is
now proposing a settlement of claims the City may have against
them with respect to the original project, as follows: They are
willing to pay the City $15,000.00. In addition, they are will-
ing to supply paint inspection and project management services at
no cost to the City. They are also willing to pay half of the
costs for a specialty structural firm to inspect the securing
rods.
The City Attorney stated that the combination of Post,
Buckley's proposed settlement and the prior agreement with Dees
Construction results in the City being made essentially whole
with respect to the tank interior. However, there will be an
additional cost to the City of approximately $25,000 for rod
tightening, although the actual figure will depend on the amount
of sway rods needing correction. The benefit to the City is that
it does not have to undergo additional engineering and litigation
costs and, therefore, he and the Director of Environmental Ser-
vices recommend acceptance of Post, Buckley, Schuh and Jernigan's
settlement offer.
Considerable discussion ensued concerning the sway rods
and who was responsible for making the decision not to tighten
them.
Mr. Mouw moved for acceptance of the settlement
offer, with the caveat that Post, Buckley, Schuh and Jernigan be
banned from bidding on City projects for a period of five years
or that they go in and finish the job at no cost to the City;
seconded by Dr. Alperin.
Prior to roll call, the City Manager stated that staff
has no intention of using Post, Buckley, Schuh and Jernigan in
the future. Rather than endanger the settlement, he suggested
that direction be given to staff to not work with Post, Buckley,
Schuh and Jernigan on future projects and that the caveat be
removed from the motion.
Mr. Mouw amended his motion in accordance with the City
Manager's comments; Dr. Alperin amended his second.
At this point the roll was called to the motion as
amended. Upon roll call the Commission voted as follows: Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5-0
vote.
2. Service Authorization NO. 4/Heller, Weaver and Cato.
The Commission is to consider Service Authorization No. 4 in the
amount of $30,605 to the contract with Heller, Weaver and Cato
for surveying services of the S.W. 10th Avenue right-of-way
corridor required for roadway design, including topographic
information on S.W. 10th Street and Wallace Drive, and conduct
lot and parcel surveys as required for land acquisition; with
funding from General Construction Fund (Account No.
334-3162-541-61.89).
Mr. Mouw moved for approval of Service Authorization
No. 4, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion
passed with a 5-0 vote.
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Mayor Lynch declared the special meeting adjourned
at 6:25 p.m.
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the min-
utes of the Special Meeting of the City Commission held March 2,
1993, which minutes were formally approved and adopted by the
City Commission on
City
NOTE TO READEr:
If the minutes that you have received are not completed as indi-
cated above, then this means that these are not the official
minutes of the City Commission. They will become the official
minutes only after they have been reviewed and approved which may
involve some amendments, additions or deletions to the minutes as
set forth above.
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