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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 ,.