Res 50-70 RESOLUTION NO. 50-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ACCEPTING SEWAGE
WORKS PROJECT - SOUTHEAST AREA PROJECT NO.
5964-8c, INCLUDING THE FIVE SUPPLEMENTAL
AGREEMENT CHANGE ORDERS TO SAID PROJECT, AS
COMPLETED AND OPERATIONAL AND CONFIRMING THE
EFFECTIVE DATES FOR THE INITIAL SCHEDULE OF
RATES, FEES AND OTHER CHARGES TO BE IMPOSED
FOR THE SERVICES AND FACILITIES FURNISHED BY
SAID SEWAGE WORKS PROJECT - SOUTHEAST AREA
PROJECT NO. 5964-8c INCLUDING SAID SUPPLEi~EN-
TALAGREEMENT CHANGE ORDERS THERETO.
WHEREAS, the City entered into a contract for engineering serv-
ices with Russell & Axon Consulting Engineers, on the 30th day of
September, 1959, and
WHEREAS, pursuant to said contract, Russell & Axon designed an
ocean outfall sewer system together with lift stations and other
sanitary sewer improvements, hereinafter referred to as Project No.
5964-8c, and
WHEREAS, Russell & Axon was hired to perform consulting and
resident inspection services for Sewage Works Project - Southeast
Area Project No. 5964-8c, which includes the gravity main known as
the S. E. Interceptor extending from Avenue E on South U. S. High-
way No. 1 northward to its terminus at Lift Station No. 1 located
near the Delray Beach Womens Club; Lift Stations 32, 33 and 34 and
their respective force mains, and portions of gravity mains 33 and
34 and sewer laterals 33a, 33b, 34e and 34i, and
WHEREAS, it was deemed to be in the best interest of the affect-
ed properties that the initial schedule of rates, fees and other
charges be imposed for the services and facilities furnished by
Lift Station No. 33 serving the Tropic Harbor Development, per let-
ter from Russell & Axon dated March 24, 1969, to be effective on
the first day of April, 1969, and
WHEREAS, it was deemed by Council, at its regular meeting on
February 24, 1970, to be in the best interest of the affected prop-
erties that the initial schedule of rates, fees and other charges
be imposed for the services and facilities furnished by Main 34,
running southward on Lindell Boulevard from Lift Station No. 34,
said Main 34 being authorized by Supplemental Agreement No. 4
Change Order to Sewage Works Project - Southeast Area Project No,
5964-8c, to become effective on the first day of April, 1970, in-
cluding laterals 34e and 34i, and
WHEREAS, Russell & Axon has recently recommended that the City
of Delray Beach accept the Sewage Works Project - Southeast Area
Project No. 5964-8c, and Supplemental Agreements thereto, as com-
plete and operational.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Page 2.
RESOLUTION NO. 50-70.
1. That Sewage Works Project - Southeast Area Project No.
5964-8c, and Supplemental Agreements thereto, is hereby accepted
by the City as being completed and operational, and the initial
schedule of rates, fees and other charges previously established,
and applicable thereto, being effective as stated above.
2. That nothing herein contained shall be construed as dis-
charging the contractors from the strict performance of their re-
maining contractural duties. That each of the contractors, and
their bonding companies, remain responsible in all respects until
released in accordance with their agreements with the City.
Passed and adopted this 24th day of August, 1970.
ATTE ST:
City Clerk~
· ,, RUSSELL ~ AiO~, Consulting Engineers, Incorporated
,~' POST OFFICE BOX 1837
DELRAY BEACH, FLORIDA 33444
3051278-2615
June 11, 1970
Mr. J. Eldon Mariott, City Manager
City of Delray Beach
P. O. Box 2469
Delray Beach, Florida
Subject: City of Delray Beach
S. E. Area Sewers
Project No. 5964-80-III
Dear Mr. Mariott:
%Are are submitting herewith five copies of Periodical Estimate ATo. 15
(final) together with the Surety's certificate issued in lieu of the Release
of Lien, Contractor's Affidavit and Final Estimate Reconciliation Agree-
ment for referenced project construction contract, which was originally
awarded to Cambron Construction, Inc. on June 18, 1968 and subsequently
extended by supplemental agreements and change orders. %fie believe that
the certificate furnished by the Surety satisfies the requirements normally
covered by those document's.
Also enclosed for your information are copies of various pieces of corres-
pondence and other documents relating to the contract and subsequent
changes, time extensions, delays, etc., accompanied by a chronological
list of such enclosures.
The progress of this project has, to say the least, been very unsatisfactory
and exasperating to all concerned due principally to the default of Cambron
Construction, Inc. almost a year ago. The surety and their local represen-
tatives have done ever~]thing possible to prosecute the project to completion
and, in spite of delays we do not believe that the City has suffered any
monetary loss of sufficient scope to warrant imposition of the over-time pen-
alty for damages as provided in the Contract Documents.
5~-e therefore recommend that the City of Delray Beach accept the sewage
project as complete. Some parts of the system have been in actual use
continued .....
OFFICES IN FLORIDA AND MISSOURI
Mr. J. Eldon Mariott -2- Iune I1, 1970
by the City for over one year and it is therefore our opinion that the one
year warranty required for those parts has been satisfied. This includes
the gravity main known as the S. E. Interceptor, which extends from U. S.
Highway No. 1 (at Jerry Earl Pontiac property) northward to its terminus at
the Delray Womens Club; Lift Stations 32, 33 & 34 and their respective
force mains. Those features constitute the entire scope of the original
contract for the "Sewage Works Project, S. E. Area".
That portion of the project known as -Main 34, running southward on
Lindell Blvd. from Lift Station 34 is considered to have been completed
on March 6, 1970, with th~ exception of a minor defect in one manhole' '
which has since been corrected. Therefore, the one year warranty for
· that line should extend to March 6, 1971. This constitutes the work
authorized by Change Order. No. 4., the City's portion of the project known
as Tropic Palms Sewerage.
~t is our recommendation that the entire project be accepted as complete
and that Periodical Estimate No. 15 (final) be paid in the amount of
$?3,524.8~5 to close out this project, without penalty.
~above recommendations are acceptable to the City please return
three copies of the Final Estimate and Surety's certificate indicating ac-
ceptance by the City to this office for distribution to those concerned.
Sincerely,
Distrlut Engineer
JHK:mf
enc. (6)
cc: 1~. Earl Welbaum, Esq., w/enc.
Mr. John Kinner, w/enc.
R/A Daytona, w/enc.
.,March 24, 1989
Honorable Mayor & City'Council
A~t.ention:~,,,*~-. D.~vI.~ M. G,-,chel, ~lt~ Msnagor
~ubJ~ct: .~outnoast Area o_,. _ _~
c<s~?¢,,~.. Project No 5304-8c.
GenHemen:
On d~is date we complete.4 chackout inspectkon for Lift
No. 33 in T~optc Isles, and piecel the statmn in op~raZion. That
station, tho force math an:l the southe,~st intercopto:' gravity mare are
now in oporatlon, soiling the Tropic l-lbrboc ;Pavelo~ment.
Installatmn of Lift Station No. 32, which was .2etayeJ lue to
late delivow of e~utp:nm%t, is aow pr~ress~nj. The~'e is no service
:~emanJ for that station.
Lift Station No. 34 In Tropic Palms is assentially completa,
cept for control eeutpment which has not yet been ,..~l.ve,ea. Wc
attempting to expeJite completion of that station, however, there is
presently no service 2emrnJ for n:s ope~'atmn.
Slnce['e[y,
i~USSELL & -~[O,l
CONSULTING ~ ~'~'~ '
,.,.,~, ........ , INC. ,
Iohn H. Klinck, P. E.
JHK:bk 2)i strict
cc: Gambron Construction Co., Inc.
i -, ~ Florida
Field Office, O.-.[.ay Beach,
bce: R & g, D~ytona Be~ch ,.