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04-12-77 v MINUTES OF THE SPECIAL CALLED MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON APRIL 12, 1977 AT 8: 00 P.M. PRESENT: William S . Howell, Mayor-Commissioner V V Alan C. Jensen 0 0 James E. Mhoon T T L. W. Minton, Jr. , Commissioners E E D D AND: R. C. Vogel, City Manager Oliver C. Ball, City Attorney Adelaide R. Tucker, City Clerk MS O E ABSENT: Robert B. Cook, Sr. , Commissioner T C I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor-Commissioner, Mr. Howell . Mayor Howell recognized Mr. Walter J. Parks, Consulting Engineer, who stated he had pursued the instructions issued by the Commission at the meeting held on April 11, 1977, in regards to the bid awards for the EDA project. He in- formed the Commission that some reductions could be made, but he would not recommend such, as EDA requirements may or may not be met if a part of the work the City originally planned was deleted. Mr. Parks: (1) recommended that the • Commission award contracts based on the low bids received the previous night, with the distinct understanding with the contractors that the City may want to make some changes in the future in the Saltair section by change order; (2) stated that the City should give serious consideration to awarding the contract for Part II of the project on the basis of installing a 24" water main across the golf course instead of reducing the main to 20" ; (3) advised that the low bidder, who submitted a bid of $288, 259 for Part I, included in his proposal a list of alternate equipment for the City' s consideration. Mr. Parks also stated that a slight reduction in price could result by change order should the City decide that some of the alternate equipment will be satisfactory, and explained that the total cost to the City approximated between $50,000 and $60,000 because the bids received were higher than projected. Mr. Paul Steckla posed the possibility of saving approximately $20, 000 from the grant fund by deleting two line items, namely, administrative and legal costs which are in excess of $15, 000 and the $12, 000 salary of the project coordinator. Mayor Howell suggested that this point should be pursued since the $15, 500 for administrative and legal costs could possibly fund another part of the project, thus reducing the City ' s commitment from $50,000 to $35,000 . • MINUTES PAGE TWO V V APRIL 12 , 1977Names of Commrs. MS YN A lengthy discussion ensued concerning the procedures for payment of the salaries of the Project Coordinator and the Resident Inspector, the legality of transferring project budget funds from one line item to another without EDA approval , and the use of project contingency funds to cover project overruns . Mayor Howell suggested that Mr. Parks contact Mr. Russell prior to awarding the contracts. Commission agreed. Mayor Howell announced the meeting would be in recess for twenty minutes . * * * * * * * * * * * * * * * Mayor Howell and Mr. Parks contacted Mr. Russell by tele- phone at the Surf Motel in Fernandina . The substance of which is as follows : Mr . Parks: According to our understanding of what you said last night, the City has to stick strictly to the line items of that project budget as approved, and that leaves us only $869,426 for labor costs, whereas the low bids total out to $1, 029, 859. That would mean the City would have to commit $160, 433 instead of $65, 000 as anticipated. It was my understanding last night that contingencies in an approved budget could not be applied to any overrun. We would like to be able to consider contingencies in this instance, as it would pull us down more in the realm of $50, 000 . Mr. Russell : My position is that it is preferable that the City not use contingencies initially to make up bid overruns, but it is not an absolute prohibition. You can do it, if you so choose . Mr. Parks : That changes the picture. That is one thing we wanted to clarify, and that we also are under the im- pression that any change orders to change the scope of the work as the work progresses, also has to be approved by your office. Mr. Russell : That is correct. Mr. Parks : One more thing, any changes in the line items of this project has to be done with the consent of your office - transferring funds from one line item to another , Mr. Russell : That is correct. Mr. Parks: We understand each other better now. Let me ask you this . If the City Commission goes ahead tonight and awards the bids to the low bidders, do they have to have some special sanction for approval from your office MINUTES PAGE THREE V V APRIL 12, 1977Names of Commrs. MS YN Telephone Conversation - continued at this time to absorb the line item or contingencies in- to the two line items identified under construction pro- ject approved as labor and non-labor. In other words, the labor and non-labor line items are what we consider to be approved for construction costs . Mr. Russell : I will give you a verbal consent. That is all that is necessary. Mayor Howell : Mr. Russell , I would like to confirm what Mr. Parks has just said. Can we count on $1, 054, 000? May we use the contingencies as an overrun due to the fact, with the low bidders running higher than estimated, the total project could run $50, 000 to $60, 000 over? Mr. Russell : Yes, you may count on $1 , 054, 000 , the total approved budget. Bear in mind, Mayor Howell , you are authorized to do whatever is best for the City. However, remember, when you commit an amount of money, you must be prepared to spend it, and the City will have to commit the difference of the total grant. This should run around $60, 000 to $65, 000 as I said last night. Mayor Howell: Thank you. I am sorry to have disturbed you at this hour of the night. * * * * * * * * * * * * * * * * Mayor Howell called the meeting to order. Bid Acceptance Mayor Howell stated that the City must commit $64, 580 to the EDA project and Mr. Vogel indicated that the funds could be taken from Account 1051, the capital account. After a brief discussion, Commissioner Minton moved that low bids for the EDA project be accepted and that $64, 580 the amount of the City commitment, be funded from the General Fund Account No. 1051 . The motion was seconded by Commissioner Mhoon. Mayor Howell requested a vote by roll call . Jensen X Mhoon x x Minton x x Motion carried. Howell x * * * * * * * * * * * * * * * * * * * PAGE FOUR MINUTES V V APRIL 12, 197- Names of Commrs . MS YN Downstream Pollution Control Charge Mayor Howell announced that the Commission should examine the cost of hook-ups to the City water and sewer systems with the view of increasing the charges and taking specific action at the next meeting. After a brief discussion of the assessments at Neptune Beach and Jacksonville Beach, Mr. Vogel stated he would verify such charges and report back to the Commission. Grant Positions Commissioner Mhoon stated that there are two paid positions included in the grant, that Mr. Steckla has already been appointed for one job and should be paid in addition to his salary because of the heavy workload, and that Dick Hilliard should also be paid in addition to his regular salary. During a detailed discussion of the foregoing matter, the , following salient aspects were: a . Commissioner Mhoon pointed out that tapes of a previous meeting would disclose that the Commission agreed that Paul Steckla would be the project coordinator and Dick Hilliard would be the inspector. He also stated that they should be compensated possibly $5, 000 , not $12, 000. b. Minutes of the meetings of February 7, 1977 and Feb. 9, 1977 disclosed that Paul Steckla was designated resident inspector and project coordinator. c . Commissioner Mhoon stated that the above mentioned minutes omitted some items discussed and that he had specifically said he agreed to the designation of Paul Steckla as coordinator as long as Dick Hilliard was the inspector. d. Mayor Howell indicated that Mr. Hilliard would not be able to perform in his current job,and as the inspector because of the time required to monitor the contractors ' work. Further discussion evolved about the budget line items of $15, 500 for administration and $12 , 000 for the inspector ' s salary and the possible requirement for another individual to perform duties associated with the EDA project. Comm. Mhoon reiterated that the aforementioned individuals, the comptroller and the inspector, will be working extra hours and he felt that they should be paid. MINUTES PAGE FIVE V V APRIL 12, 1977 Names of Commrs. M S Y N Letter to Low Bidders Mr. Parks suggested that the City Manager or the City Clerk notify the low bidders by letter tomorrow of the City Commission ' s action concerning the bid awards and advise them to get their surety bonds and insurance certificates and to have them ready for signing of the contract at the earliest possible date . He also stated that the five contractors must commence work no later than May 3rd. Mayor Howell mentioned that it would be in order to have a motion authorizing the Mayor and City Clerk to attest the signing of the contracts for the low bidders . Motion: Authorize the Mayor and City Clerk to Jensen x x attest the signing of the contracts Mhoon x for the low bidders . Minton x x Howell x Motion carried. * * * * * * * * * * * * * * * * * * Composition of Minutes Mr. Ball pointed out the legal significance of the minute ' of this meeting and the dealings with a Federal agency, verbally, by telephone. He suggested that the minutes include an extensive report of the verbal conversation with Mr. Russell , including Mr. Russell ' s verbal approval of the issues discussed, what guided the action in making the awards, and commitment of the monies . Mr. Ball suggested that a copy of the minutes be sent to Mr. Russell ' s office, for his files . Mayor Howell stated that he felt that the important thing and the major thrust of the conversation, was the permission to use the $95, 853 contingencies for the bid portion. Mr. Steckla mentioned that Mr. Russell wants a letter stating that the City has awarded the contracts in the sum of so and so, and that the City will commit the difference. Mayor Howell added that Mr. Russell also wanted the contingencies mentioned, that is, that in the Commission ' s opinion, it was in the best interest of the City to transfer the contingencies into the labor and non-labor accounts . There being no further business, Mayor Howell declared that the meeting be adjourned. William S . Howell (SEAL) Mayor-Commissioner ATTEST: A•e ai•e . uc er City Clerk