10-11-63SpMtg ...................... ~27
OCTOBER 11, 1963
A Special Meeting was held in the Council Chambers at 9~30 A.M.,
Friday, October 11, 1963, with Mayor Welter:Dietz in the-Chair, City
Manager Robert J. Holland, ~tty.Attorney Jo~n~Ross Adams, an~ Coun-
cilmen A1 C. Avery, Emery J. Barrow, George ~albot, J~o, and Oliver
w. Woo~ard, Jr., being present.
Mayor D!etz calle~ the meeting to order andannounced that same
had been called for the purpose of considering rescheduling of cer-
tain phases of the Sewer Works Project, an~~ for any ~ther-business
which may come before the meeting~ Mayor Dietz said that'he would
like to make a statement, as follows: "This statement is d!recte~
to ~useell & Axon, who I understand their legal representative here
today is Mr. 6teinhilper, and he will have to speak for and on
half of, and legally for Russell & Axon.
This Council, as a whole today, meets for only one legal pur-
pose, namely to define concisely the various areas in the City of
Delray Beach in which sewer construction would interfere with tourism.
The City of Delray Beach depends 100% upon tourism and realizing this
the Council had the specifications drawn up so as to allow nothing to
interfere wU'th tourism. ~nder the contract, Sewage works Project No.
5964-8a, the Council is authorized to call to the attention'of the
Consulting Engineers, Russell & Axon, that various areas must not be
worked in during the tourist season. The Council may direct that all
work cease in these areas and the Engineers, Russell & Axon, re-
schedule the work with thevarious contractors.'so they. may continue
working Un areas called for by their contracts, that do not interfere
directly with tourism, if such contractor has such areas. 'In bidding
on the job each ~ontractor knew that this stipulation was in the
specifications and thereby became a part.of his contract. Is this
correct,Mr. Stetnhtlper?"
Mr. Steinhilper answered: "Precisely."
Mayor Dietz: "In how is it not correct?"
Mr. Steinhilper: '*This is not in my mind, Sir, an engineering
item and I would refer you to the City Attorney."
Mayor Dietz: "Does the Contract call for the things Z mentioned,
because Russell & Axon drew up those specifications? Would you read
the clause that allows the Council to determine, out of your speci-
f/cations, please~"
Mr. Steinhilper: "Russell & Axon drew up these specifications
and submitte~ them to the City for ~p~roval~ end. the reason I make
an exception of this is from a legal standpoint."
Mr. Steinhilper read the clause referred to by Mayor Dietz as
follows:
"Provided, however, the City Council reserves the ultimate
right to order-a changed or altered WOrk Schedule on ~ts
determination that the work is interfering with the*tOurist
season."
He then continued: "To me this is a legal question."
Mayor Dietz continue~: "I will turn the floor over to Council-
man WoOdard so that the Council as a whole may determine, on the
~asis of Councilman Woodard's research, which are thecritical areas
an~ at what time does each become critical, also, when does the area
cease to become critical, when the Council determines this, it will
be turne~ o~er to Russell a Axon with or,ers that all work cease in
these areas on the dates determined. The Council will have no con-
tact with .the contractors. This will be.done by Russell & Axon so
that there will be no.'legal breach of contract, when the Council has
f£n~shed its deliberations~ anyone wishing ,to be .heard will be given
thati'oPportunity, but the Council should not be interrupted during
its determination. I turn the floor over to Counci.lman Woodard."
Mr. Woodard commented as foZlows: ~"Gentlemen, in acCOrdance
with yourinstruction, we,-that is, myself and the Engineers, scheduled
three meetings with area residents' last Friday afternoon and two
meetings Tuesday night~ to~ discuss the idiosyncrasies of the various
areas and.howtheseareas are affected by the tourist season. Late
yesterday afternoon I met with the Engineers to discuss a presentation
to you today, thatyou, have before you, and in this prese~ation there
have been a few minor changes since I discussed it with the Engineers
yesterday so I am reading this particular letter for the first time
myself. In general terms, what this.letter should incorporate is a
suggested rescheduling of work as it is affected by the"tourist
season. This letter listseach of.'thecontractors separately and in-
cludes under each contractor thei~scoPeof work, status of work,
work to be completed.and proposed schedule of work, so I believe the
beat thing to do at the moment is to read.this letter'aloud with you
and we can discuss it as we go along. For your benefit.there is a
map displayed, and you wi~l see areas in various colors, and the Engi-
neers as we go along can point out what ar~s we are specifically
talking about and this' should be very helpful for lift stations as
lift stations are on the map only by number."
Mr. Woodard said that after reading the following letter from
Russell & Axon, dated October 10th, that he would.attempt, to summa-
rize the items.
"Subject: Re-Schedule of Work affecting
the Tourist Season.
Sewage Works Project No. 5964-8a
Delray Beach, Florida.
A proposed, re-schedule of work on the Sewage Works Project
is submitted for yourconsideration,
For the purposes of this re-schedule of work, e&ch. contractor
now engaged in the Sewage Works Project will be li'sted separa.tely.
I. POWELL BROTHERS CONSTRUCTION CO.
A. SCOP~;-~FWORK: Installation of the Sewage Outfall Line
·rom the Master-~ift Station through the:-~Terminal outfalI
structure.
~. .STATUS OF WO.RK: Ocean and Surf portion ofoutfall ~ne
completed except for back filling and f~nal testing. Approxi-
mately 80% of the work under this contract has been completed.
C. WORK TO~BCOMPLETED: Installation ofoutfall line across
the Intra¢oastal waterway and land portion of. outfall line
from Intracoastal Waterway on Atlantic Avenue from bridge to
Atlantic Ocean.
D. SCHEDULE OF WORK:
1. Continue backfil~ on Ocean~portion of outfall line,
weather permitting and.at the contractor's option.
2. Install outfall line across I-ntracoaatal waterway to
Atlantic Avenue. Contractor to start work at his option.
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D...' SCHEDULE OF WORK= (CONT~)
3. Install land portion of outfall lineon Atlantic
Avenue from the bridge to the Atlantic Ocean starting'
work no sooner than l'April 1964.
II. I~ARRYPEPpER cOMPANY.
A~ S~OP~ OF WOaK= Installation of Lift'Stations throughout
each system of the project.
Bp. STATUS OF WORK= Lift Stations Nos. 1, 4, 17, a~d 18 are
presently under construction~ Approxi'mately 15% of the. work
on this contract has been completed.
C. WORK T.~ BE COMPLETED= All Lift Stations including-the
MasterLift Station.
D. S¢~D~_~E O~
1. Lift Station. No. 18, sub-structure to be completed
and backfilled. Temporary-road surface to be i~stalled.
This surface to consist of a minimum of 6" of compacted
limerock primed and sealed with an asphaltic sand seal
wearing course. Remove all construction debris including
piles of dirt and construction material. Replace sod,
and repair driveways, sidewalks, gutters, storm drains,
and parkages if damaged. This lift station site tobe
complete as described above on or before 1 November 1963.
Remaining work on this lift-station to be continued on 1
April 1964.
2. Lift station No. 17 same as lift station No. 18 above.
3. Lift station No. 16. Work to start at the contractor's
option on or after I April 1964.
4. Lift Station No. 15. work not yet started but may be
started at contractor's option provided lift'statiDn is
installed and site cleaned on or before 1 December 1963.
In the event this work cannot be done by i December 1963.,
work may be started at the contractor's option on or after
1 April 1964.
5. Lift Station No~ 9'. No work started thisdate. Work
to start at the contractor's option on or after 1 April 1964.
6. Lift Station No. 8. -No work started this date. Work
to start at the contractor's option on or after i April 1964.
7. Lift Station No, 7. .No work started this date. Work
to start at the contractor's option on or after 1 April 1964.
8. Lift Station No. 6. No work started but may be started
at the contractor's opt~oni;
9. Lift Station No. 5. No work started but may be started
at the contractor's option.
10. Lift Station No. 4. work to be continued until lift
station is completed.
11. Lift Station No. 3. No work started to data. Work
to start at contractor's option on or after 1 April 1964.
..
u. 'sau~uu~ OF WO~, (COa'~tU) '
12. Master Lift Station (L.S. No. 2). Work to be started
as soon as practicable at the contractor's option.
13..Lift Station No. 1. Work to be started at contractor's
option.
III. BARBAROSSA AND SONSf !NC.
A. sCOpE OF WORKs Installation of sanitary sewers and force
mains in SectionsI and II. Installation of force mains in
Section III.
B. STATUS OF WORKs Sanitary sewer lines have been installed
i~ System 4 with few exceptions and partially installed in
Systems 1, 2, 5, 7, 8, and 9. Force mains have been partially
installed. Approximately 35% of the work under this contract
has been completed.
g. WORK TO BE COMPLETED~ Remaining sanitary sewers in Sections
I and II, Force Maine in Sections I, II, and III to be completed.
D. SCHEDULE OF WORKs
1. Sanitary sewer lines and force mains listed below are
to be installed and backfilled with permanent type pavement
replacement; sidewalks, curbs, gutters, and driveways to
be repaired or replaced, all construction debris and
materials removed and completed by 1 November 1963.
a. Lateral 8-B-1 and 8-B on S. E. 1st Street and
Palm Stree%.
b. Force Main No. 1 on S. E. 1st Street and Palm
street to Atlantic Avenue.
c. Main 8 on Canal Street.
d. Main No. 2 on N. E. 7th from N. E. 1st Street
to N. E~ 4th Street.
e. Force Main No. 5 on N. E. 7th Avenue from N. E.
4th Street to N. E. 5th Street. N. E. 5th Street
to N. E. 8th Street.
f. Lateral 5C on 7th Avenue from N. E. 5th Street
to N. E. 7th Street.
2. Sanitary sewer lines and force mains to be completed by
15 November 1963 and areas cleaned of construction material
and debris.
a. Main No. 9 on N. E. 1st Court.
b. Main 3 and Lateral 3-C on N. E. 2nd Street.
c. Main 3 and Lateral No. 3-A on N. E. 9th Avenue.
d. Laterals 3-A-1 and 3-A-1-A on N. E. 4th Street.
e. Lateral No. 3-B-1 on N. E. 8th Avenue.
f. Lateral No. 3-A-1-A in alley west of N. E. 8th
Street.
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D. SCHEDULE OF WORK: (~ONT'D)
3. Sanitary sewer lines and force mains to be completed
by 1 December 1963 and areas cleaned'of construction material
and debris.
a. Lateral 3-A-1 in alley west of N. E. 9th Avenue.
b. Lateral 3-A on Palm Trail.
c. Lateral 5-A, 5-A-1 on Palm Trail.
d. Lateral 5-A-2 on Vineyard Haven.
--- e. Lateral 5-C and 5-C-I on N. E. 7th Street and
alley west on N. E. 7th Avenue.
f. Lateral 5-E-2 in right-of-way on Rte, U. S~ No.
north of N. E. 7th' Court.
4. Sanita=y sewer lines and force mains to be completed
by i January 1964 and areas cleaned of construction
material and debris.
a. All remaining sanitary sewers and force mains east
of Railroad.
5. All sanitary sewers and force mains west of railroad
tO be started-at ~he contractor's option,'
NOTE: Barbarossa and Sons, Inc. has indicated that the
work outlined above can be completed in the times and
dates specified eXcept sodding and' shrub replacement~
Dates of completion on these two items will be given on
11 October 1963.
IV. CLF~.,.RY BROTHERS CONST. CO.
A. , SCOPE OF WORK: Installation of sanitary sewer lines
section III of the Contract. (Peninsular Area).
~., STATVS OF WORK: Installation of sanitary sewer line
approx/mately 30~ complete.
~. WORK TO BE C,OMPLETED: Sanitary sewer lines not installed
in Systems Nos. 15, I6, 17, and 18.
~. S~HE, DULE OF WORK: From information received it could be
" considered that any work beyond 1 December 1963 would be in
~ conflict with the on-coming tourist season. In the event
· l that anywork beyond 1 December 1963 is considered in con-
! flict with the tourist season, the contractor should so be
notified and instructed to take necessary steps to suspend
construction on sanitary sewer lines now under Construction
at the nearest man-hole. He should further be instructed to
suspend all work so as to allow time'for repairs and/or re-
placement of street pavement, curbs, gutters, sidewalks,
driveways, sod, shrubbery and parkages priorto the suspension
date.
1. Complete sanitary sewer Main 17 and Lateral 17-C on
Venetian Drive by i November 1963.
2. complete all sanitary sewer in Systems 15, 16 and 17
by i December 1963.
3. Comp!ets clean-up in areas listed above.
.,~or the purposes Of this re-schedule the term clean-up should be construed as to include='
Permanent type pavement replacement.
Sidewalk and Driveway repair or replacement.
Curb and Gutter repair or replacement.
Reppir of parkages.
Replacement of sod and shrubs.
Removal of construction material.
Removal of construction debris.
If there is any further information required] please advise."
During discussion of the letter just read,Mr. Woodard said that
he would like~o add something to the recommendations that had not
been included in the letter, and that was the' pavement of N. E. 2nd
Avenue from 3rd Street to 8th Street to be completed by the first of
November, also Swinton Avenue from N. E. 6th S~reet to N. E. 16th
Street, and N. E. 8th Street East to the Railroad.
Mayor Dietz and the remaining Councilmen complimented Mr. Woodard
for ~his very fine work in connection with the Contractors~ work re-
scheduling. Mayor Dietz referred to part of South Swinton Avenue and
part of S. W. 1st Avenue where there are rental apartments and said,
in his opinion, that was a critical area but had not been included in
the recommendations. Mayor. Dietzwas reminded that most of the
central part of town was on the old sewer system which included that
area.
Mr. Avery asked Mr. Woodard= "I see in her~ concerning one
contractor, and wouldn't it be proper to include in the general in-
structions to all contractors, that if it is determined that in any
place in this sewer system it is interfering with th~ tourist season,
it stop at the nearest manhole and this would cover all citizens?"
Mr. Woodard said he would assume these plans wou~d be subject
to revision from time to time as the Council would deem necessary,
and if at any time residents in an area felt theNe Should be a change,
it could be brought to Council attention.
Mayor Dietz said this subject could be reopened at any time and
he would be happy to ca1! a special meeting at any time the Council
desired.
Mr. Woodard said there were two separate problems, and to take
care o.f the information.that has been presented to th~s point, moved
as follows= "I~n accordance with the terms of th~ C~eral Conditions
of the Contract that the Council instruct the Engineers to inform the
contractors that the work as outlined in Sewag,e Works Project No.
5964-8a be rescheduled as has been outlined here, in accordance with
our right under the terms of the Contract and that we have determined
that the work so outlined is being rescheduled as it is" ~ffec~ed by
the tourist season." The motion was seconded'by Mr. Barrow and
carried unanimously.
Mr. Woodard commented as follows: "The second problem is that
when we discussed 2nd Avenue as it is affected by the post office and
the condition of the road there, our discuss!on got back to why the
road is in such poor condition and what we are confronted with. This
gets back to our obligations under the contract for res~rfactng and
repaying the road. Mr. Steinhilper0 .were you able to work up a sketch
as regards either removal of or retention of compacted materials on
roads?"
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Mr. Steinhilper answered: "! have prepared a letter with a
sketch attached discussing the offer made by the contractors, Cleary
Brothers and Barbarossa and Sons, for removal of one-inch of limerock
base a $1.00 per yard."
Mr. Woodard, in reviewing this, said that originallY the Contract
obligated the contractor to replace pavement equal'to or better than
it was o~iginally, as a result of the sewer program,'th&t it had been
thought it might be desirable to change that and"have the City con-
sider paving the entire streets instead of just the area that was
torn up! The Council decided on August 29th to follow the specifica-
tions in the contract and found themselves confronted with the problem
that it w~uld be necessary to remove one-inch'Of limerock fill at a
cost of $1.00 per yard on certain streets that had' been worked on
prior to that time.
Mr. Woodard then read the following letter from Russell & Axon
to the C0uncil, dated October 10th, 1963:
"Attn: Mr. Robert Holland
City Manager
Subject: Pavement Replacement.
Sewage Works Project No. 5964-8a
Delray Beach, Flbrida.
In accordance with instructions the contractor's, Barbarossa
and Sons, Inc. and Cleary Brothers sUbmitted prices of $1;00
per square yard for removing 1-inch of limerockbase where.
they had placed this base material even with the existing
pavement.
The attached sketch, Figures Nos. 1 through 4 indicates:
Figure 1. Pavement replacement per contract specifications.
Figure 2. Limerock base as installed by both contractors in
accordance with instructions.
Figure 3. Removal of'l-inch of limerock base at $1o00~per
square yard with 1-inch of asphaltic pavement per contract.
Figure 4. New asphalt surface 1-inch thick at center line
and tapering to O-inches thick at each edge of pavement,
The City of Delray Beach to pay for the asphalt over the
existing pavement at the rate of $7.00 per ton in place.
It ia estimated that number of yards the Contractors have
placed the fimerock base even with the existing pavement'is
as shown beIow:
Barbarossa and Sons, Inc.
8200 Sq. Yds. ~ $1.00/S.Y. $8,200.00
Cleary Bros. Const. Co.
8500 Sq. Yds. ~ $1.00/S.Y. .8f590.00
Total cost for removal of 1-inch $16,700.00
In the event the City of Delray Beach desires to have an
asphaltic surface placed as shown in Figure 4 attached, the
City would pay for the asphalt that is placed on the existing
pavement at the rate of $7.00/to~. It is estimated that a ton
of asphalt' would cover approximately 15 to 18 square yards.
It is further estimated that the cost to the City of Delray
Beach would be as indicated below:
.. · ~ -7- 10/11/63
Barbarossa and Sons, Inc.
335 Tons ~ ~?.00/S.Y. $2,345.00
. Cie&fy Bros. Const.
370 Tons ~ ~?.00/S.Y. ,2~590.00
Total ~4,935.00
It. should be noted that the above estimates apply only to the
streets that have the limerock base installed even with the
.existing pavement. Names of these streets and locatione have
been forwarded under separate cover.
The installation of an asphaltic surface over the existing
pavement would mean these streets would require less time for
surfa,uing than if the Contractors had to remove 1-inch of
the limerock base.
The expenditure of monies from the Water and Sewage Con-
struction Fund appears ~o be justified for 'the removal of
the 1-inch of limerock base or to place the asphalt surface
as indicated."
Mayor D£etz questioned when 2nd Avenue could be paved, to which
Mr. Steinhilper said that it could be as soon as the Council author-
ized, provided the weather permitted.
Mayor Dietz suggested that a motion be made that Council approve
the recommendation of Russell & Axon and that all of the streets in
which eight inches of limerock was filled in and one-inch would have
to be removed, instead of going through that operation, the entire
street be paved in accordance with said letter of October 10th, it
being so moved by Mr. Wood&rd. The motion was seconded by Mr. Talbot
and carried unanimously.
Mayor Dietz asked if that would affect drainage and the height
of the manholes and was informed that it would not.
~City Attorney Adams reminded Mayor Dietz that the dates on re-
placement shrubbery should be considered.
Mr. Woodard said the schedule on replacement of shrubbery would
be presented to Cou~ncil, and asked Barbarossa & Sons when this
schedule would be prepared.
Mr. Wendell Barnes of Sub-Tropic Landscape Co., who are sub-
contractors of Barbarossa & Sons, informed the Council that they
would be able to take care of the sodding, replacing the shrubs,
trees, etc. where they' ~eed replacing: directly on schedule with the
paving itself, in the critical areas especially. They would con-
centrate on those areas in preference to other, areas. Mr. Barnes
said on N. E. 7th Avenue there were several large mango trees that
they would attempt to save by cutting them back, but it was doubtful
if they would live as mangcesa~d avocados are very difficult to trans-
plant, furthers, they could not move in ahead .of the paving but planne~
to be able to move quite rapidly when the different areas are turned
over to them.
Mr. Barnes commented further: "In some areas the sod was re-
placed where the arteries or .cross connections were put in, not by
us but by the people that put in the laterals so that it wouldn't
leave any unnecessary debris on the lawn, but those places, if they
may be sunken, a little more than the rest of the lawns., will be
brought back to the proper level. It was only done, not to hurt them
by putting it back in low, .but so they Wouldn,t ~k-ve any unnecessary
.debris on their lawns."
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Mrs. Faye Johnson, I N. W. ?th Street, complimented the Council
on what they have tried to do for the town, and asked if work in a
certain area was started now would it be completed by November first,
as on Venetian Drive it took a very long time to complete one block.
Mr. Steinhilper said that in consultation yesterday evening with
the Contractor, cleary Brothers, concerning this specific street and
this specific question, they had assured him that Venetian Drive, as
shown on the map, would be completed on or before November first,
that the contractor would concentrate on that area.
Mr. Woodard said that November first is the completion date for
construction on that street, therefore, it would be up to the con-
tractor to terminate his construction work in sufficient time to pave
the street and get the area cleaned up by that date, and that if the
work has not been completed the contractor will resume work on April
1, 1964. It was mentioned that where a contractor could ~ot complete
the work he had planned by a certain time, he would terminate work
at the nearest manhole, further, that wherever possible all'streets
would have the final pavement.
Mayor John Archie of Boynton Beach and Mayor Walter Seymour of
Ocean Ridge were recognized and introduced.
Concerning proposed Change Order No. I from Powell Brothers
Construction Company, Mayor Dietz said there was still some question
concerning same, that under date of August 26, 1963 a letter signed
in behalf of the Powell Brothers Company by J. S. Powell, Jr.,
Secretary and Treasurer, stated that when they terminated their out-
fall, they terminated at Station 75+14. That in drawing up the Change
Order the termination as given the City by Russell & Axon is different
than the termination stated by the Powell Brothers CompanY. Mayor
Dietz asked that this be cleared up in order to proceed with Change
Order No. I which has to do with the economics of a credit.
Mr. Steinhi!per explained that at the time Powell Brothers.' letter
was written they were working from a daily report and on a closer
check to establish an absolute point of construction as it was deter-
mined that the stationing quoted by Russell & Axon is correct. Mayor
Dietz said since the Powell Brothers Company had quoted the termina-
tion being ara certain station that Company should inform the City
that they were in error in quoting that station and give the correct.
information in order that Change Order No. i can be prepared. Mr.
Steinhilper said this could be done, and that he had the divers out
to walk the lines and check stations himself.
City Attorney Adams said that~hat will be Change Order No. 1
with Powell Brothers had been prepared and deals with the intracoastal
Waterway construction East to the ocean, and will be onthe agenda
for October 14th regular Council meeting.
Mayor Dietz again complimented Mr. Woodard on the fine job he
has accomplished toward the rescheduling of sewer construction work.
Mayor Dietz commented as follows= "Again, I do want to take this
occasion,woody, of complimenting you on the fine job you have done.
This was not an easy job and you got i~ in apple-pie-0rder. I can't
help but think when the Engineers have someone to deal with that
knows what it is all about introduces good results."
Mr. Woodard quoted a headline from today's Palm Beach Post as
follows: "Delray BUilders Rap Set-uP of Licensing of Contractors."
Mr~ Woodard said the Council recently appointed a committee composed
of contractors to study construction hours, and asked if it would be
advisable to ask these same contractors to investigate or summarize
-9- lo/11/6~
their complaints in regard to this article and preaent to the~Council
any changes or.=ec~mmendationsconcerning the licensing pOlicy as it
affects the COnt~actors~ and so moved. The motion w~s seconded by
Mr. Avery and carried unanimously.
The meeting adjourn~d at .10~35 A.M~ bY o~der Of Mayo~ Dietz.
City Clerk
APPROV~D~
'MAYOR
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