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03-20-63SpMtg March 20, 1963 A special meeting was held in the Council Chambers at 2:00 P.M,, Wednesday, March 20,. i963 with Mayor Walter Dletz in the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams and Councilmen A1 C. Avery, Emo~j J. Barrow, George Talbot, Jr. and Oliver W. Woodard,.Jr., being present An opening prayer was delivered by City Clerk Worthing. Mayor Dietz called the meetin~ tc order stating that same had been called pursuant to SeCtion 20 of the City Charter of the City of Del~ay Beach, for the pttrpose of furSher consultation with the c°nsulting engineers relative to Plans and Specifications for the proposed Sewer 0utfall System, and for any other business that may'come before the Council. Mr. Frank OSteen Vice President, Mr, Gilbert Clifford, Chief Engineer and Mr. stelrahilper, Chief of Construction of Russell and Axon were introduced. MaYor Dietz asked City Attorney Adams to present his recorm~ended changes of the Construction Specifications of the Sewage Works prom Ject, Job No. 5964-8(a)~, that were received by 'the Council this week. . Concerning IN~OP~TION FOR BIDDERS, Page 3, Item 8, Security for Faithful Performance, it was unanimously agreed upoh Dy Council that the following sentence be added to thefirst para,rash thereof. "The successful bidder shall also deliver to Owner a Maintenance Bond prepared'~on the form of bond attached hereto having aS'Surety thereon the same company that execUted the performance bond." Concerning INFORMATION FOR BIDDERS, Page 4, it was unanimously agreed upon by Council that the following Item l~be added. Mr. Osteen was also agreeable to same. "Each bidder shall be reqUired to provide a list of the names and addresses of his sub-contractors and supplierS that might be required. This list shall be submitted at the time of bidding and if his bid does not contain this ~information~ it will be rejected as an improper bid. Sub-contractors as listed cannot be changed without Council approval. In addition, sub~contractors shall not be permitted to sub-let to another sub-contractor without Council approval. In addition, sub-contractors shall notbe permitted to broker the sub-contract." Concerning INFORMATION FOR BIDDERS, Page 4, City Attorney Adams suggested I~em 15 did not meet the approval of the Council and the following paragraph was suggested by Russell and Axon: "PREFERENCE TO LOCAL LABOR, SUPPLIERS-'ANDSUB~CONTRACTORS~ The CONTRACTORS'attention is called'to t~e f~ct that local labor, ma- terial suppliers, and sub, contractors shall'be used wherever pos- ~ible. The CONTRACTOR shall include along with his Bid Proposal, a comprehensive list of all local material suppliers and sub-con- tractors he proposes to use in the sections or section on which he has submitted his Bid Proposal. Thee'use of substantial local labor, material suppliers and sub-contractors will be a deter- mining factor in the award of all sections Of. the project.'' It was further stated by Mrl Clifford that in the last portion" of the bid proposal, Page 32 had been included where local material suppliers and sub-contractorS.can be listed, and that it is further stated in the specificatl~ that this, however, shall not act as a deterrent to the contrac~i~ and that he has the prerogative to use whoever he pleases. There was lengthy discussion concerning evaluation of the bids and negotiation with contractors. Mr. 0s- teen explained that their normal procedure in analyzing a bid is to take the three I0w bidders for each section and investigate and give information on each of the three. The Council unanimously approved the_Engineer's version of INFORMATION FOR BIDDERS, Page ~, Item 15.~ Concerning BID PROposAL, City Attorney submitted proposed pages 34-37 concerning STATEMENT O~ BIDDER'S QUALIFICATIONS. Mr. Osteen 3-20-63 and the Council unanimously approved the use of Attorney Adams pro- posed pages 34 thru 37. GENERAL CONDITION~,~ Page 3, Item d, Deviations, wa~"discussed-.hut left as it appeared in the Construction Specificat'lons. Concerning GENERAL CONDITIONS, Page %,-Item e, City. Attorney Adams submitted the following paragraph which was unanimously ac- cepted by the Council and M~. 0steer, in preference to what ap- peared in the Specifications. "The OWNER may at any ~time, by a written order and without no- tice to the sureties, order the CONTRACTOR to suspend all or any part of the work for such time as may be necessary due to condi- tions unfavorable for the suitable prosecution thereof. When ordered to resume operations, the CONTRACTOR sh~ll promptly .pro- ceed with the work. If any suspension of the ~ork' Ordered by the OWNER not due to the fault or negligence of the CONTRACTOR causes an increase in the costs of, or the time required for, perfor- mance of this Contract, an equitable adjustment in the 'Contract price and time for completion shall be made, and the Contract shall be amended accordingly by an appropriate change order." Concerning GENERAL CONDITIONS Page 5~ Item f, the fbllowing par- agraph submitted'by the City Attorney was u~animously accepted, in preference to what appeared in the Spec~ifications. "If the CONTRACTOR so fails to progress with the work as tb en- danger its completion within the time specified in this Contract, as such time may be extended pursuant to this Contract, or fails to perform the wohk in accordance with this Contract, or otherwise fails ~to perform any of his obligations under this Contract, the ENGINEER may, at any time after three (3) days written notice to the CONTRACTOR, or in an emergency endangering life or property, after such notice, if any, as may be reasonable-under the cihcum- stances, without prejudice to any other right or' remedy he may have, make good such deficiencies by such means as the ENGINEER may d~em expedient and deduct the cost thereof from any amounts due the CONTRACTOR hereunder or otherwise recover such cost from the CONTRACTOR." Concerning GENERAL CONDITIONS, Page 5, Item g, the following paragraphs submitted by the Ci~y Attorney Were unani, mously ac- cepted, in preferenc'e to what appeared iL the Specifications. "CAUSE OF AUTION. I~ any proceed'lng in bankruptcy or receivership is commenced with respect to the CONTRACTOR, or if the CONTRAGTOR makes a gen- eral assignment for the benefit of his creditors or becomes in- solvent, or if the CONTRACTOR faila to commence work when requir- ed, or so f~ils to progress with the work as to endanger its com- pletion within ~he time specified in this Contract, as such time may be extended pursuant to this Contract, or Fails to complete the work within such time, or ~fails to comply promptly with any writte~ order Properly issued by the~ OWNER pursuant to this Con- tract, or otherwise commits any subs~tantial breach of this Con- tract~ ithe OWNER may, upon certification of'them'~.NGINEER that surf iciest cause exists to Justify such .action, terminate the CON- TRACTOR~ ~right to Proceed with the work under this Contraet~ Any such termination shall be effected by deIivering ~ notice of ter- mination f~ defeult to the-~ONTRACTOR and his sumeties or-by mailing. ~h not'ice to them at their add~r~ess last known by the 0~ .~V~'~~ that seven Says or more ~rio~ to delivering or ma~ny '. sUCh notice, the 'ENGINEER .shall deliver or ~mait to the CONT~J~'TO~R' and his sureties'~ notice of intention to terminate for default specifying the'conditions which make't6rmination imminent. "CESSATION OF WORK upon receipt· of' a notice of termination for default, the CON- TRACTOR shall immediately stop a~ll work hereunder. The OWNER may then without prejudice to any other rights or-.remedies he may have, proceed to complete the work by such means ashe may deem. expe- dient. In such case, the CONTRACTOR shall not he entitled to any further payment hereunder until the work ia completed. The OWNER shall have the right to take possession of the work and any ma- (2) 3-20-63 terials, equipment, tools or other items located on or about the construction site,.to account for, and to use the same plete the work. When the work is finally completed, the to%al cost.of .such cormpletion, including the.cost .of additional mana- gerial and administrative services, shall be computed. If such total cost shall exceed the unpaid portion of the Contract price, the CONTRACTOR and/or his sureties, shall pay such excess to the OWNER. If such total cost is less than the unpaid portion of the Contract price, the difference will be paid to the CONTRACTOR. "LIQUIDATED DAMAGES. In casa ~f termination for default, .the CONTRACTOR and/or his sureties shall be liable to the OWNER for liquidated damages for delay, as fixed in this Contract, until such reasonable time as may be required for the final completion of the work, or'if liqui- dated damages are not so fixed, for any actual damages caused by such delay, and for all liabilities, loss, damage and expense suf- fered or incurred by the OWNER by reason of such default, includ- ing reasonable attorney's fees for prosecUting claims against the CONTRACTOR and/or his sureties. Should the CONTRACTOR fail to complete the work within the time specified, or as such time may be extended pursuant to this Contract, and the OWNER'chooses not to terminate the right, of the CONTRACTOR to proceed, the CONTRACTOR shall continue the work, in which event the actual damages for the delay will be impossible to determine and in lieu thereof, the CON- TRACTOR shall pay to the OWNER the sum of Fifty Dollars ($50.00)~ as fixed, agreed, and liquidated ~amages for each calendardaY of de- lay until the work is completed or accepted and the' CONTRACTOR and his Sureties shall be liable for the amount thereof.". Concerning GENERAL CONDITIONS, Page 6, Item h,. paragraph 2 of same was changed to the following as submitted by the City Attor-' ney in preference to what appeared in the specifications. "In giving instructions, the Engineer shall have authority to make minor changes in the work, not involving a change, in cost, and not inconsistent with the purposes of the work, bu~ o~herWise~ ex cept in an emergency endangering life or property, no extra work'or change shall be made unless in pursuance of written order by the Engineer approved, b~ the City Council,' and no claim for an addition to the Con~act ~u~h~'il be valid unless so ordered. Concerning GENERAL CONDITIONS, Page'9, Item e, Contractor's Right to Terminate Contract, the last five words "and reasonable ~r~fitand damages" was deleted from.what.appears in the. Specifica- tions, by unanimous consent of the Council and ~. 0steen. · ConcerningRES?0NSIBILITIES OF THECONTRACTOR, under. GENERAL CONDITIONS on Page 9, City Attorney Adams ~uggested adding Items g, h & i, as follows: "If prior-to fina~-acceptance thereof by the OWNER, any part of the work 'or any materials, equipment orother items incorporated or to be incorporated therein are damaged er found to be defective or otherwise not in 'conformity with the Contrac~ the CONTRACTOR~shall, unless the ENGINEER deems it inexpedient., promptly and satisfactor- ily and at no cost to. the. OWNER, repair or r.emo~e and replace all damaged, defective and non-conforming work~ and items and all other parts of the work damaged as a result of such defects or failures to conform or such repair or remoVa~ and replacement. If the CON- TRACTOR fails to make such repairor removal and replacement, the OWNER may do so and deduct the cost thereof from any amounts due the CONTRACTOR hereunder or otherwise recover such cost from the CONTRACTOR. 'The CONTRACTOR warrants that all work performed and all mater~ ials, equipment and other items furnished unde~ this Contract (-in- cluding all repairs and replacements thereof made pursuaht to this clause) will be free from defects in materials and workmanship and conform to the Contract Documents. ~-Uponreceipt of ~w~itten no, ice of any such defects or.any failure to conform which appear or are discovered within one year (or such longer ~periods as may~be spec~ ~ (3) 3-20-63 iliad elsewhere in the Contract Documents) after final acceptance of the work by the OWNER (or, in the case of such repairs or re- placements, after final acceptance thereof by the OWNER), the CON- TRACTOR shall, at no cost to the OWNER, promptly and satisfactorily repair or remove and replace all defective and non-conforming work and items and all Other parts of the work damaged as a result of such defects or failures to 'conform or such repair or removal and replacement. If the CONTRACTOR fails to make such repair or re- moval and replacement, the O~IERmay do so and deduct the cost thereof from any amounts due the CONTRACTOR hereunder or otherwise recover such cost from the CONTRACTOR. "Failure of the ENGINEER to discover defe6tive or non-conforming workmanship, materials, equipment or other items shall n6t relieve the CONTRACTOR of any warranty with respect thereto or any obli- gation or liability in connection with thi~ Contract." By unanimous consent of the Council and agreement by Mr. 0steen, Items g, h & i as submitted by the City Attopney were added to the Specifications. Concerning PAYMENTS TO THE CONTRA0~OR, under GENERAL CONDIT~IONS, on Page 13, Cit~ ~'~¥o~ney Adams~ asked that Item c, Lien~ be changed to Item d, and that Item d, F%nal Payment~ be change~--t~-Item e, and submitted the following paragraph to' be considered as Item c. "The~CONTRACTOR shall be responsible for the prompt payment to all persons who perform labor upon or furnish services,~ materials, equipment, supplies or other items (including, but not limited to, items consumed, such as heat, light, power, water, gasoline, oil, and fuel) used or to be used in the performance of the work called for by this Contract, and the CONTRACTOR shall del'end, protect and save harmless the OWNER from and against all liens, claims, suits, and actions for such labor, services, material, equipment, supplies and other items. It is the intention of the parties hereto and the CONTRACTOR agrees, that if the CONTRACTOR or any subcontractor (first and lower-tier ~nder this Contract) fails to. pay all such persons, each such unpaid person shall ha~e a direct cause of ab- tion against the CONTRACTOR on this Contract. If such persons are not promptly paid, the OWNER may, at any time after five day~ written notice to the CONTRACTOR, pay such persons directly and deduct such payments from any amounts due the CONTRACTOR hereunder°" Concernihg GENERAL CONDI~IONS Page 14, Item c, City Attorney Adams suggested that the insurance coverage as shown therein should be changed from $50,000.00 and $100,000.00 to $100,000.00 and $300,000.00 which change was unanimously approved by the Council. Under GENERAL CONDITIONS Page 15, City Attorney Adams sug- gested adding Item 1 as follows. (The Engineers have added an Item k in their revised specifications concerning traffic control.) "The'CONTRACTOR shall defend, protect and save harmless the OWNER from and against all claims, suits and actions arising from any fault or negligent act or omission of the CONTRACTOR or any subcontractor or any of their respectiV~ age,tact'employees in connection With the performance of this Contract." The ad~dition of Ite~l, Page 15, GENERAL CONDITIONS was unan- imously approved by the Council and agreed to by Mr. Osteen. City Attorney asked that the fo~l~owing Item 12 be added to GENERAL CONDITIONS Pag~ 16, sai~d ad~'itiOn'~being unanimously ap- proved by the Council and Mr. Osteen. "Unless otherwise provided for in this Co~tract,~or by appli- cable'statute, the CONTRACTOR, from~ the effective date of termina- tion and for a period of six years after final settlement under'~ this Contract, shall preserwe and' maEe available to the OWNER, at all r~asonable' times at the office of the CO~F~RACTOR, but without direct charge to the OWNER, all its bo'oks, records, documents, and other evidence bearing on theebsts and expenses of the CON- TRACTOR under this Contract ahd relating to the work terminated hereunder, or, to the~extent approved by the OWNER, photographs, micro-photographs, or other authentic reproductions thereof." (4) 3-20-63 $i Concerning CONSTRUCTION CONTRACT. Page 1, Arti~le. II: Guaran- tee, City Attorney Adams suggested a change from what appeared '~n t~e Specification~ an~ the following par~gEraph submitted by the City~ Attorney was ~nim0usly accepted~-~ "Ail materials and equipment ~urntshed by'this 0ontractor and all construction involved ih this Contract shall be amd the same is hereby guaranteed by the Contractor free from defects Owing to faulty materials or 'workmanship for~a period~of one year~ after date of cormoletion of th~ work by t~e Contracto~ and acceptance by the 0WNER,~hd any part, equipment', materiel'or Work w~ich proves ~e~ective, by reason of faulty material or workmanship, within said period of one year shall be replaced by the Contractor free of cost to the Owner." Concerning CONTRACT PERFORMANCE BOND, Page !, City ~ttorney Adams stated that instead of one bond there would be two bonds, and that there would be no increase in cost for same. _ It w~s made known that these two bonds, WHich a~e being prepared, would be atL tached to the contra~ct, that they would be written at the same time and the Maintenance Bond would be in effect for twelve months fol- lowing the end of the time of the Performance Bond. The Council unanimously approved the use of the two bonds as explained. Concerning DETAILED SPECIFICATIONS~ SECTION I~ GENERAL, Page 1-3, Item 13, Sc~6~ute' of Work, City A%torney'Adams suggested add- ing the fOllowin~ phmase to said item. "provided, however the City Council reserves the ultimate right to order a change or altered work schedule on its determination that the work is interfering with the tourist season." Mr. Clifford read GENERAL CONDITIONS, Page 15, Item J,~ Traf- fic Control, from their ~evised copy of the specifications a~-T%-/- l~s.'whichhe figured would take care of the situation. "The Contractor shall provide and maintain access bo and from. all public and private properties, along the locations-and,.~lteS of his work. He-shall also provide sufficient barricades,~ lights, flashers, and flagraen, as may be required. "Where construction is located in public right-of-ways, streets and highways, the Contractor shall exercise extreme care in ~eeing that sufficient area'is p~ovided and kep~ open, at 'all times, for police, fire, ambulance, mail and private vehicular traffic. ,! The intent of this paragraph is to direct the attention of the Contractor to the fact that he wil2 be solely responsible for the maintenance of traffic within reasonable limits. The Contractor shall inform the City Engineer, Police Department and the Fire De- partment of his procedure of construction and where construction requires the closing of a vehicular artery, he shall Eizst se~uze the approval of the foregoing municipaY departments." Following discussion, the Council unanimously approved the addition of the phrase, Suggested by.City Attorney Adams, to said Item 13, further, that they would consider all parts of RuSsell Axon revised-Specifications later. City Attorney Adams stated that at a preliminary meeting, Mr. Barrow had referred to "bidding on equals" and ~Pecifying accept- able alternates'. Mr. Osteen stated that they have required that the Contractor, on his base bid, bid the equipment named in the specifications, and have required that on equal equipment.that he would offer that he name the equipment or materials on an alter- nate bid, and list the addition or deduction for furnishing that particular product. There was lengthy discussion and comments con- cerning the bidding of equal equipment and materials and the Engi- neer sald~.tha~ the investigation of that would be part of the bid analysis.. City Attorney called attention to BID PROPOSAL, Page 26, SEW- AGE LIFT STATIONS ALTERNATE EQUIPMENT PROPOSAL as follows:."The (5) 3-20-63 bids for Items Nos. '131 through 146 must be based on the furnish- ing of all major plant equip~aent specified. Subs$itutiOn of equip- merit similar and equal to that specified may be quoted as an~addi- tion or deletion to the total for Section V for all of these items by listing the manufacturer of the alternate equipment and the a- mount of the addition or deletion tO the total bid fo~ Section V. The Owner reserves th~ right to choose any alternate equipment so listed and reduce or increase the total bid for Section V by the amount shown in the following items." City Attorney Adams asked if..there was any such provision con- corning Sections I, Il, III and IV. Mr. Clifford said that Sections I, II and III are the sewage collection system, the gravity pipe line which is all clay pipe American Standard Testing Materials specifications, and pre-molded factory Joint, of which there are some 59 manufacturers all of whom are co~aratively equal both material wise and price wise, there- fore the particular brand-of pipe would not be named in the pro- posal, but that thecontractor who is awarded the bid would list the name of the materials that he proposes to use. ~Mayor Dietz said that he is aware that the specificatibns on pipe is the Amer- ican Standard Testing Materials, but that a lot of the pipe is a- bove the American Standard, and i~ accepting a bid, he would be interested in a pipe that is better than the minimum specifica- tions. Mr. 0steen said that he would have no objection to putting in a clause that the Contractor shall name, in his bid, the manu- facturer of the cla~pipe and concrete pipe which he intends to provide. Mayor Dietz: "We are asking now that the Council take a vote on the pipes that the Contractor is going to use, and is shown in his specifications, be identified as to whose pipe it is, for all pipe, in all sections where it is not otherwise specified.', The Council voted unanimously that said information be included in the bidding. City Attorney commented as follows: "As far as I am concern- ed with the specifications revised in this manner~ I am not pre- cluding the possibility that there might have to be an ADDENDUM on some little item, I dontt approve the Contract until it is signed, but as far as I can see this would protect the City." Concerning GENERAL'CONDITIONS, Page 15, Item J, T~a. ffic. Oonn 3rol, that Mr. Clifford previously read from their revised Speci- fications, the Council unanimously approved the inclusion of said item as item J, in the Specifications, and also approved the change of item J, Sanitary Regulations on-Page 15 of GENERAL CONDITIONS to Item k. Mr. Avery brought up the treatment of the paving concerning this Sewage Works Project, and asked that City Engineer Fleming read a letter he had received from Russell & Axon concerning pav- ing. Mr. Avery asked the City Engineer what his recommendations were concerning same. Engineer Fleming said that he recommended exactly as the ~th paragraph in said letter, that the repaying of an entire street be considered rather thah patching'it in portions. That the Contractor should be responsible for~ returning the pave- ment to a travelable condition. It was mentioned that if an over- all street paving was done that it would cost more money thahwould be set aside from the bond money for street patching. Mayor Dletz asked for a figure in dollars of what the difference would be. City Engineer Fleming stated that after the bids are in and it has been determined how much per square yard that the patching will mount to, the computations will be made and presented to Council for their Consideration. City Engineer Fleming asked the Engineers if the Contractor would replace ~11 materials up to the final surface, would he place the rock base? Mr. Clifford answered that the specifications called for the excavation to be separated, laying the base material aside so that it may be replaced, and oil sealed. (6) 3-20-63 "88 .MAyor Dietz informed the Council that the Officials at. Lake Worth had recommended very strongly that in the Del~ay Specifics-. tions it' be set out. that everything be done with puddlin~ rather thantam~Ing~ Mr. Osteen said there were places where-puddling c~Uld be used and places where it couldn,t. That~their~specifications. state "Backfill material shall be solidly tamped around the pipes in six . inch layers up to a level of at least two feet above the t0p of She pipe. Backfilling shall be ca, tied out simultaneously on both sides of the pipe. The remainder of the-backfill shall be deposited and compacted by puddling, water flooding, or tampers, ~xcept in areas where paving is to be plac~d over the'backfill trench. In .these areas, the entire depth of' the' backfill shall.be deposited in six inch layers and compacted by hand or mechanical tampers~ No w. Ork~ ing or walking on the completed pipe line will be permitted until the trench has been backfilled to. at least two feet above the top of the pipe. Trenches within the limits of street paving shall be stabilized at street grade with a compacted eight inch shell lime- rock base course. The base course shall be compacted to an average of 95 per cent of each day's operations, of the maximum density as determined by A.A.S.H.O. Method T-99, modified as follows: The weight of the tamper shall be 10 lbs. and it shall be dropped from a height of 18 inches, and the sample shall be compacted in five equal layers. The density for individual tests shall be not-less than 90 per cent of the maximum density. It is the intent of this specification to secure a condition where no further settlement of trenches will occur after backfilling is completed. Backfilling shall be carried out with due caution to protect the pipes. Before final acceptance of the work, the Contractor shall go over the en- tire systems and refill all sunken trenches, leaving the surface in a condition satisfactory to the Engineer." Mayor Dietz asked the Engineers, for the record: "In looking over your plans, and the new sewer plans, with the sewer plans on which we held our Referendum, which I have attached here to your letter, we made a specific point that 90 per cent of the ~ewerage of the City of Delray Beach 'would be treated daily. I can't figure~ out because of your change of numbers, so I~m asking you now,,for the record, the system that you have submitted, does that'tak~ care. of 90 per cent of the sewerage as we did ~n this map. that~ I here now and your letter of February 5th?" Mayor Dietz read the letter from Russell & Axon that he referred to, and then asked~: "All I~m asking is, since I cannot identify this drawing with your present drawing, is the area coverage the same, larger, op less?" to which Mr. Oeteen answered:"The same".. Mayor Dietz then asked: "Is the capacity of the proposed outfall here the same', ~less than- or greater than Lake Worth?" Mr. Osteen stated that the out£all capacity is the same. Mayor Dietz referred to the amended Contract with Russell& Axon dated September 29th, 1962 and quoSed ~rom same: "Whereas the Engineers submitted a supplement to-the Original preliminary report, dated March 28, 1962, the sams receive~by the City, April 2, 1962, which covers comprehensive plans for the construction of an outfali sewer system with the ocean outfall line of s~fficient capacity~ thirty six inches, to serve the entire city and contiguous areas. A master lift station containing the required pre-treatment faci- lity and a construction of sanitary .SeWerage improvement designated,' etc. according to the plans dated October 1961, revised March, 1962 by Russell & Axon File No. %96~-8.". Mayor Dietz furtherj, staSed that this calls for a thirty six inch outfall and the p!ans~ that were approved in Tallahassee called for a thirty inch outfall and he figures that the difference in volume is~about ~ per cent. Mayor Dietz referred to a restriction in the line from the outfall concerning the 24 inch .pipe that runs for quite some distance from the outfall station to the outfall pipe, where in Lake Worth they have a 30 inch pipe from the outfall station to ~the end of the out- fall, and asked Russell & Axon Engineer to explain same to him. Mr. Clifford explained that the reason for the contraction in the line is that it is a purging area~ and explained the operation of same, also the differencelin cost of the 30 inch and 36 inch lines. Mr. Clifford also explained the difference in the size of pump, etc. of the Lake Worth set up and that of Del~ay Beach. ~. Osteen ex- (7) 3-20,63 85. plained how the size of sewer outfall pipes a~e arrived at in fig- uring so many people per acre and the proposed number of acres the outfall wil~ eventually serve. Further, that if Delray would go-to a 36 inch line they would be in a position to serve approximately half of Palm Beach County.- Mayor Dietz questioned the two small lift stations East of the Intracoastal in addition to the master lift station to be located in the City Park, as it was set up in the preliminary plans. Mr. Osteen explained that the preliminary plans had been looked over carefully by the Engineers and Mr. David Lee and Mr. Ralph Baker of the State Board of Health who had sug- gested and later approved the final plans as they now are, and that it would be less costly and more practical as set up in the final plans. Mayor Dietz said that the Master Lift Station in the City Park is in the wrong location according to the final plans, and that the plans for the building show it to be much higher than it was supposed to be. Concerning a quesbion by Mayor Dietz, the Engineers explained where there may be a possibility of using used materials. Mayor DietZ questioned the ~uarantee on roofs of the lift station buildings, and also on the buildings. The Engineers ex- plained that the roof on the master lift station would h£ve a 20 year guarantee and that on all the other stations the roof would be reinforced concret6 in six inch slabs, and that the buildings are all of concrete structure, and that all workmanship and materials are guaranteed for a year after the Contract. There was discussion concerning the location of master lift station in the City Park, and possible delay in proceeding with the sanitary sewage project. Mayor Dietz said that he had, for some time, been opposed to Russell and Axon being the Resident Inspectors, but that he would go alone with the rera~inder of the Council in having them as the Resident Inspectors with the provision that the Oity gets protec- tion in'the manner of some sort of insurance policy covering any acts of omission on their part. Concerning the length of time of said insurance coverage, It was suggested that said insurance would have a discovery period for latent defects that appeared within a certain time. Mayor"Dietz as!ced if provision was made for one ton chlorina- tion cylinders~ito which Mr. 0steen answered that theme'had been. Mayor Dietz asked if provision had been made for control lights on the panel of the individual lift stations. Mr. 0steen said that provision had not been made, and explained the increase in cost and that the mo~e completely automatic a system is the less efficient operation you can expect to get out of it. Upon q~estion by Mayor Dietz, Mr. Osteen said that there was provision for an outlet for each lot on the proposed sewer lines. Mayor Dietz asked concerning conditions for flushing the sys- tem, and Mr. 0steen explained the difference between the Lake Worth and Delray. Beachsys~ems and the use of the 24 inch line, p~evious- ly discussed, in said operatio~ of the system. Con4erning Resident'inspection, City Attorney'Adams suggested that Russell and'Axon make a.proposal of their charge for same, so that the city may consider it. FolloWing long.thy ~iscusSion, Mr...Avery moved that Russell & Axon'submit to Council a proposal for Resident !n'spection based on 2% of 'the'construction cost, the motion being seconded by Mr. BarrOw and unanimously carried. Concerning GENERAL CONDITION~.~, Page 4~ Item B.~S~rveys~ Perm%ts and Regulations, as follows: .. ' " "The'Owner~shallfu~nish all land surveys unless otherwise specified, Permits and licenses 6f a temporary nature~ necessary for the prosecution Of'the work shall be secured and paid for by the (8) 3-20-63 Contractor. Permits, licenses and easements for permanent~struc. tures or permanent changes in ex~sting facilities shall be secured and paid for by the Owner, un!e.~s otherwise specified." 'City At~ tcrney Adams said the question hLad been asked as to who secures the per~$ts to go under state-highways, andMr. 0steen s~id that the Engineers prepared the necessary drawings~and documents for the.~ City to make application for-same.- There was discussion concerning the number and locationof lift .~tations and easements required for the sanitary aewage Ject, andthe possibility of securing the.property and easements for same. Mayor Dietz said that he would like f6r a map to be pre, pared showing locations of same and designation of the property and easements that have not yet been'provided for. Following lengthy discussion, Hr. Avery moved to leave the basic design as it is with the exception that the Master Lift Sta- tion will be moved to a location of Council selection and the four lift stations where the City does not have title be considered see if there can be a better location for them, and the rest of ~t stand. The motion was seconded by Hr. Woodard and upon call of roll, Mr. Avery, Mr. Barrow, Mr. Talbot and Mr. ~oodard voted in favor of the motion and Mayor Dietz was opposed. There was discussion concerning options, on the purchase of land, and landscaping over easements where the pipelines.had been laid. The meeting adjourned at 6:25 P.M. until 2:00 P.M. on Friday, March 22nd, 1963, on motion by Hr. Avery and seconded by Nm. ~oo~ardo Mayor Dietz called March 20th adjourned specia~ meeting to order at 2:00 P.M. on Friday, March 22nd, 1963, and an opening prayer was delivered by City Clerk Worthing. Mayor Dietz sa~d that he feared there had not been the proper liaison between the City of Delray Beach and the Consulting Engi- neers on the sanitary sewage project, and commented as follows: "When _this sewer thing got underway, it came out as a sludge plant, I think the engineers mad'e a study back in 1960 as to 'what areas they were to serve, and then in the interim we ~hanged City'Manag- ers, and now we havea new City Manager and he wasn't apprised. In the meantime, since I've been on this Council we have asked' the" Planning Board to define the limits of De!ray Beach. At that time I tried to get them to define it out to Sunshine Parkway, but. they woutdn~t do that., if you remember. Hr. Knowles thought we would take ~hase I first, we all agreed to that and the Council adopted that unanimously and that became Phase I. Then in the protection of an orderly development of that area, we petitfoned the legisla- ture for a reserve annexation area so that we might, in an orderly fashion, develop the area known as PhaSe I, Phase II inciden~ tally is in the hands of Mr. Simons now. I~ was given to him by Paul Knowles for planning West of Military Trail and East of Sun- shine Parkway. The thought there was that that was the site, if Delray was industrialized, it would be west of Military Trail and East of the Sunshine Parkway and the residential section would be out to Military Trail. We haven't got the studies back on Phase II, but we have gone to the legislature on Phase I. I have asked Mr. Worthing to give me the area that is $o be served by, that is the reserve expansion area that we have requested from the Florida Legislature, and Mr. Worthing, sro~gh calculation is about 20 square miles and t~at Would be about 12,800 acrss. The sewer is something that we are building for a 50 year period and if we build a sewer now that doesn't even take care of more than half of our expansion area that we have asked the Legislature for I think that we as Councilmen can be severely criticized. These are the facts as near as I can gather~ In defense of Mr. CliffOrd, he was never given anything other than the original study on this program, so you can readily see that if he doesn't have the area that it pertains to, it is hard to design~a sewer for that area when you are working on the design for.~the sewer of a smaller area." Mr. Cliff~rd said that the question~ is when..will.Delray approach that ultimate population? Is it the desire to design a sewer now. that will take care of a pop- ~lation for one hundred years from now, when you only have a fifty ~ear material in the system. (9) 3-20-63 Mayor Dietz said that the area that is being considered for this outfall system is not the area that Delray is to be, and that it seems to him that a' system should be built-that would be at least in relationship to the area that the legislature has been asked to set aside for Delray Beach, that when the-original survey was made Delray Beach was not trying to expand, but at this time Delray is trying to expand and commented as follows:"It is true that theae figures will not be realized for some-years but since the accent is now on expansion and the studies were made on the basis of no ex- pansion, I think that we would like some assurance, at least I would like some assurance from the Engineers, in writing, that with the proposed expansion area that ~his system is adequate. If I get that in writing from the engineers, then I would be quiet." Following lengthy discussion, the following letter to City Manager Holland, from Mr. Gilbert Clifford of Russell & Axon, dated March 22, 1963 was read, "In accordance with our conversation of this date, this will co~jrm our statement that the Ocean Outfall, as designe~ and shown info,he present plans and specifications will serve a population of over. 100,000 people. "This fact and other design criteria as presented in the 'Engi- neers Preliminary Report Sewage Works Improvements dated March 1960. have been filed with Mr. David Lee and were available and presumably considered in hi~ approval of the final design." Concerning said letter, Mayor Dietz asked if a statement could be received from t~e State, in writing, that they did consider these figures,,to wh£ah Mr. Clifford said that he believed same could be obtained. It was .noted that if more volume was needed, it would only be necess~,y toreplace the.pumps~With a higher head. City, Engineer ~le~ing asked,that his____~_~o~lowi~g'remarks be a ~ .~h~ field, w~th your Consulting En~nee~, and, iD the., short per~$d ,0f' ~ime that we have had, to .my kno~ed~e: they 'are sat.is~actor~ ~ an ,~ng~,ne~ing manner, as" to loca~lon, as. ~to design,,not .aesthetiCs b~ e~gineer- ingly,'~ however, ~ 'have not~putedVth~ amount o'~~ flow, the capacity of the ~pe's.~ I 'will not definitel~ say wh~her, a thirt~ inch line is adequate or whe~er a thirty six inch .ti~e ~ adeq~a~: That has been ceded to by a registered Engineer wh~th,e C~ncil has hired and expressed, their con£idence in. I~h~ve ,~r~0_t ha~,~afficient time to do that. If the Council would like ~or me to make that kind of computation it would tak~ some t~o or th=es mon~s with the force I have to completely check.it out. I don't think that is necessary but I want, the Council. to-Understand that I won't be responsible for the designed capacities." Mayor Dietz said that before h~could pu~ his O,K. on these plans that he would like to perso~al~y~talk with Mr. David B. Lee of the State-Health Department, iniorder ~hat Mr. Lee-may clearly see what the area is robe service~, as.~. ~e~lor£~in~ally, was quite interes~ed'inwhether the proposed sludge~.~ht was large enough to serve the area that it was Supposed to Said meeting was aFranged wi~'.~ Mr. '~ for ,Cit~nager Holland and MayorDietz to meetl with him~ Tuesday, March ~th, 1963. City Clerk worthimg reported that, at this time, there are on1¥ two more sites 'needed to provide for the necessary lift stations and that the City Manager has arra~ng~d,with certain parties for ob- taining these two sites, That a~ option' to purchase'Lot 31, Block · 13. Del Ida Park had'.been obtained in the-,amount of $1,250.00 from (10) 3-20-63 87 the owner, Mr. A. G. Ranson, and that the purchaser shall assume any outstanding ad~valOremtaxes thereon. Mr. Barrow moved that the City'purchase said property, subject to the approval of the City Attorney, and t~at the purchaser assume the closin~ coats not to exceed $150.00 and the money for-sai~pur- chase to come from the sewer Bonds. The motion-was secondedby Mr,. Avery and carried~na~imously, City Clerk Worthing reportad"that a fifty'by fifty foot parcel of land is needed in the southwest area of town fo= a lif~ station site an~ that .an agreement has been reached with-Mr. John R. Evans who owns': property at the desired location.for-exchange of his PrO- perty in Block 14 with a 77 foot parcel of city owned land in Block 14, said City owned land being free of all taxea, special assess- ments, etc., and that the City assume the outstanding balance of the Southwest. 2nd Street paving assessment that is due against Mr. Evans property, the balance on principal being $125.30. City Clerk Worthing said the value of the 77 foot parcel of ground owned by the City in Block 14 is $980.00. There was discussion concerning the value of said 77 .foot city owned lot and the paving assessment against Mr. Evans lot being paid for from the Sewer Bonds and Mr. Avery moved that the City execute the transaction and if possible.the transfer of funds be made prompt- ly as outlined in discussion, including the'S125.30 street assess- ment~ It was agreed that-the city pay the closing costs of said transaction which would include title insurance on the property now owned by'Mr. Evans and that the City would give Mr. Evans a quit claim deed for the 77 foot city owned parcel of land. Finance Director Weber was asked if he understood how to handle the outstanding balance on principal of said assessment and the . waivingof accumulated interest thereon, to which Mr. Weber replied: "I understand the assessment part but is the Sewer Fund go/J3~ to purchase the ?? foot lot from the General Fund and then trade~" Mr. Weber was informed that the Sewer ~und would purchase.Mr. Evans 30 foot lot for an amount Of $980.00 plus the $125.30 paving assessment and Mr. Evans would pay such amount to the city for the 77 foot lot. Mr. Avery then changed his motion as follows: "That the tran- saction be consummated,the Sewer Fund buying the 50 foot lot and the City in turn would sell the 77 foot lot,. subject to the approval of the City Attorney, Russell & Axon and the Finance Director." City Clerk Worthing reminded the Council that the City Council has the power to effect the exchange-of lands when it so determines to be in the best interest of the City, however, if land is sold, such proposed sale shall follow a prescribed manner. The:'City At- torney said he felt sure this could be considered an exchange of lands. The motion was seconded by 'Mr. Talbot and carried unanimous- It was announced that concerning the two locations for lift stations-East of-the Intracoastal Waterway, on Andrews Avenue near Lowry Street and on MacFarlan~ Drive at Ingraham Avenue, the Engi- neers had redesigned said lift stations and they would be completely underground in the Street right-of-way, which was found to be more feasible financially than to purchase property at those locations. Mr. Clifford said that Stations 7 and 8 near the City Docks~ are ejeoter stations and would be completely u~derground. Mayor Dietz asked how many lift stations would be above the ground and Mr. Clifford informed him that No. 1, No. 4, No. 6 and Ill) 3-20-63 the Master Station would be above the ground, and that those stations were the large ones and it would not he advisable financially to place them underground. It was stated that there were only about 1500 feet of ease- ments yet to be obtained for sewer pipe installation, and it was the Engineers recommendation that the sewer Project not be held up on this account as it is an easy matter to obtain easements or re- locate the line where easements are not obtainable. The couhcil, City'Manager and Engineers adjourned to the city park from 3:00 P.M. 'to 4:00 P.M. to loo~ over the site of the Master Lift Station. Concerning advertising and receiving bids, .etc., it was decided that the advertisement of request for bids would b% on April 8, 1963, and Mr. Avery then moved that, subject to Mayor Dietz'being satisfied upon returning from his tal~ at Jacksonville with Mr. Lee, and sub- ject to the formal approval of the specifi~ations and plans, with the changes that the Council has made~ that council receive construction bids at 10=00 A.M. Monday, May 6, 1963, in 'the Council Chambers at the 'City Hall in Delray Beach, Florida. The motion was seconded by Mr. Barrow and carried unanimously. After consulting with the Engineers the date of May 14th was set for the awarding of the bids after they had been analyzed. City CIerk Worthing was instructed to inform the Fiscal Agents of the dates set for opening and awarding of bids for the sewer pro- ject. Concerning ,~ORMATION FOR BIDDERS, Page 4, Item 12,- Ch~e__s in Project Sc~pe,'Said item was discUSsed and after expIanation' by Mr-. ~liff6rd'6f how this item is handled, ~there was no need for a change in same. City Manager Holland reminded the Council that he had more than a hUndred junk cars 1°Cared in the city that he would like to place in the ocean to form a reef, and that there are about three hundred more that he would like to take, provided that he can obtain facil- ities to move sa~d junk cars and dump them east of the existing sand- bar, which would build up s good fishing reef, possibly help with erosion and also help clean up the city, but that he would like to have Council's. expression o~ interest.before proceeding with .... such a program.- Following discussio~, Mr. Avery moved that the City Manager be instructed to proceed with the planning fo~'moving ~l~..~.,~he old auto cars o~t of tSwn and-if possible to'eXpiore th~ibility of building a 'fishing reef inthe ocean with ~hem. Th~;~btion ~a's sec- onded b~r.. Barrow and carried unani~o'~sty. The meeting adjourned at 4:45 P t~' on motion by Mr. Talbot. R. D. WORTHING ........ ~y"Cl~k AP PRO~;ED: ~d~ MAYOR (!~) 3-20-63