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07-05-89 v CITY OF MANTIC BEACH SPECIAL CALUD314KErING 7:30 PM, ieMNESDAY, JULY 5, 1989 AGENDA 1. Call to order 2. Further discussion and possible award of bid for Part A, water treatment plant improvements 3. Any other business Adjournment MINUTES OF THE SPECIAL MEETING OF THE MANTIC BEACH CITY COMMISSION HELI) AT CITY HALL ON WEDNESDAY, JULY 5, 1989, AT 7:30 PM 1. ('all to order The mooting was called to order by Mayor Gulliford. Present in addition to the Mayor, were Commissioners Cook, Edwards and Tucker. Also present were Harry E. Royal, Acting City Manager, and City Clerk Maureen King. City Attorney Claude Mullis was absent and Commissioner Jensen was out of town on vacation and was excused. 2. Further discussion and possible award of bid for Part A, water treatment plant improvements Mayor Gulliford confirmed that each Commissioner had received a copy of two letters from Gee and Jenson Engineers along with a legal opinion from the City Attorney relative to award of bids. Before proceeding with the meeting he said he wished to set the record straight and quiet some "rumblings" relative to the fact that Water Processing Company had done business with his company. He said his company had done business with both WPC and Mi]mir companies, and while he had found both companies to be responsible, he was unable to make objective judgements about their capabilities since he had not had any dealings with either of them in that respect. The Mayor then directed his attention to the City Attorney's opinion, in particular "If the award is made to one other than to the lowest bidder it must be based upon facts which reasonably support the conclusion," and asked Andy May of Gee and Jenson to outline the facts upon which their recommendation had been based. Mr. May reported that of five companies contacted, two felt WPC had done a good job, two were not satisfied and one, Neptune Beach, reported numerous problems. It was the opinion of Gee and Jenson the problems encountered by WPC which led to dissatisfaction by the client, were not unusual problems, and could have been resolved by better management. Their recommendation for award of the bid had not changed. Commissioner Edwards said he had met with the engineers and WPC representatives and it was his opinion the city should accept the recommendation of the engineers. Further discussion ensued relative to the definition of "responsible bidder" and whether the fact that the financial records of WPC indicating they had a $10 million bonding capacity, would qualify them as a responsible bidder. The general feeling, however, seemed to be this would not necessarily relate to their capabilities with respect to this project. Mayor Gulliford said he felt in the future the city may wish to insist bidders pre-qualify based on experience, references, etc. , especially on large projects such as this. Also, in the event the engineer or Awards Committee recommended award to other than the low bidder, in order to Page Two Minutes Special Meeting, July 5, 1989 avoid a potentially uncomfortable or embarrassing situation, he felt the low bidder should be informed of the recommendation before the award is formally made at a Commission meeting. Mayor Gulliford asked Andy May whether he felt any of those who had given WPC less than satisfactory references would allow them to bid on future projects. Mr. May said he had not asked the question in quite that manner but Neptune Beach was probably the most dissatisfied, the Town of Baldwin said concrete in their project was breaking up, and St. Augustine said their project was not completed in a timely manner and there were problems with block work and asphalt paving. He also said Smith and Gillespie Engineers had indicated, in their opinion, poor management was somewhat to blame for the problems on the Neptune Beach job. He pointed out in the Neptune Beach project WPC had left out required conduits and spare conduits, and a high-water alarm for a pump station, all of which had been called for in the specifications. After further discussion Commissioner Edwards moved to accept the recommendation of the engineers and award bid for PartA. of the water treatment plant improvements to Milmir Construction in the amount of $1,212,130. Commissioner Cook seconded the motion which was approved by unanimous vote. 3. Any other business: Public Services Director Don Ford reported the Cloisters Condominium had indicated they would not participate in the recycling program. DeWayne Igou of Waste Management Systems had offered to meet this week with the Cloisters management in an attempt to resolve the situation. If this attempt proves unsuccessful, Mayor Gulliford indicated he would write to each resident of the Cloisters and encourage them to particpate. He felt in any case, steps should be outlined for enforcement of the program. He suggested the Solid Waste Committee also consider the possibility of charging for garbage collection by volume, the cost of which could possibly be reduced by participation in the recycling program. He commented on other municipalities which had successfully implemented similar programs and said an attempt would be made to contact those communities and draw on their experience. * * * * * * * * * * * * * At this time Dorothy Kerber distributed to each Commissioner a summary of fees paid to City Attorney Claude Mullis from October 1988 through May 1989. She expressed concern with the cost of legal services and said she felt before the city gets too far into the budget process, this subject should be addressed. Commissioner Edwards pointed out it had been discussed some time ago and Commissioner Jensen was working on a proposed contract. Mayor Gulliford requested this be included as an agenda item at the meeting of July 24, 1989. Further discussion ensued relative to Page Three Minutes Special Meeting, July 5, 1989 the spiraling costs of legal services and the pros and cons of a full time attorney. Mayor Gulliford also expressed dissatisfaction with the Consultants Competitive Negotiation Act and the restrictions imposed on the city through it. There being no further business to come before the Commission, the Mayor declared the meeting adjourned. illiam I. Gulliford Mayor/Presiding Office A'riEST: Maureen King, City Clerk