02-06-78 v CORRECTED
MINUTES OF THE SPECIAL CALLED MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL ON
FEBRUARY 6, 1978, AT 8:00 P.M. V V
0 0
PRESENT: William S. Howell, Mayor-Commissioner T T
Alan C. Jensen E E
James E. Mhoon D D
L. W. Minton, Jr.
Catherine G. Van Ness, Commissioners
M S
AND: R. C. Vogel, City Manager 0 E
Oliver C. Ball, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS . N D S 0
The Mayor announced the meeting was called to discuss the EDA project
and recognized Mr. Walter J. Parks, Jr. , City Engineer. Mr. Parks
commented that the items to be discussed were matters embracing the
paving of sections of Sturdivant and Poinsetta, and that the problem
stems from the high ground water level which did not exist when the
project started. He reminded the Commission that the paving and drainage
contractor, Dickerson, Inc. , did not perform work on the job during the
period the utility contractor installed the water and sewer lines, and
that by the time the paving and drainage contractor had commenced work
again, the weather conditions caused an increase in the elevation of
the ground water level. The question was raised as to the length of
the problem area on Sturdivant, and the reply was approximately 450' to
500'. At this point, Mr. Parks quoted paragraph 8-29J from the specifi-
cations as follows: "Where the ground water table is found to be higher
than 1. 75' below the finished center line paving elevations, the Engineer
shall be notified. When authorized by change order, such situations
shall be corrected by the provision of sub-surface (French) drain shall
be provided (constructed) along the edge of the pavement in accordance
with the details shown on the drawings, at the same slope as the pavement
and directed into the nearest storm drainage structure. " Mr. Parks
asserted that he had contacted Ellis 6 Associates to make test borings
to determine two factors: 1) the nature of the material underlying the
troublesome areas, and 2) determination of the ground water table
elevation. Results of the borings indicated the ground water table was
the problem. In this connection, the contractor responded with a letter
to Mr. Steckla (Project Coordinator) which listed five proposals to
alleviate the condition and permit completion of the paving. Copies of
the letter were presented to the Commissioners. Mayor Howell remarked
that he would like someone to give a detailed explanation of the five
proposals which ranged in cost from $9,351 to $26, 709. The chair
recognized Mr. William Lindler, Vice President of Dickerson, Inc. , and
Mr. Morgan Kraan, estimator. Mr. Lindler explained the procedures and
itemized the extensive equipment and materials necessary to accomplish
the work as outlined in all five options. Commissioner Minton queried
at whose expense and the reply was the contractor would not pay. Mayor
Howell asked how the proposals originated and Mr. Lindler replied
Messrs. Parks and Steckla had requested Dickerson to furnish same. The
contractor expressed the opinion that if his company had a choice, they
would select Item One, basically because of the time involved. Mayor
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February 6, 1978 Commr's. M S Y N
Howell posed the question to Mr. Parks that, since the contract for
paving was awarded at a given price, who erred, thus creating the
additional cost to complete the work? Mr. Parks commented that the
plans and specifications did not offer the contractor soil borings
or data concerning the ground water table. "The Bidder, in complianc-
with your invitation for bids for the construction of a 'Paving and
Drainage, Saltair S/D - Section 3', having examined the plans and
specifications with related documents and the site of the proposed
work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability
of materials and labor, hereby proposes to furnish all labor,
materials, and supplies, and to construct the project in accordance
with the Contract Documents, within the time set forth therein, and
at the prices stated below. These prices are to cover all expenses
incurred in performing the work required under the Contract Documents
of which this proposal is a part. " Mayor Howell again stated he
desired to be advised who should bear the responsibility for the
additional costs. Commissioner Jensen inquired if it was standard
practice to furnish soil borings and ground water tables on bid forms
Mr. Parks indicated that such data was provided sometimes and more
often than not. Commissioner Mhoon stated he did not totally approve
when the Commission agreed to pay for the muck removal, and he
definitely did not feel the City should pay for any additional mistak-s.
Mr. Parks agreed that Sturdivant was an open, passable, and usable
thoroughfare before the project started. A lengthy discussion
followed as to where the responsibility lay. Commissioner Mhoon aske.
if Mr. Parks would offer a recommendation, and Mr. Parks explained
that in this circumstance he felt that neither he, the City, nor the 4
contractor could foresee this problem arising, and, therefore, he
could only recommend that the City share the cost with the contractor,
with no profit involved. Commissioner Mhoon queried Mr. Parks as to
which option the latter would recommend and if the price listed by
the contractor was a fair price, or if profit was included. Mr. Parks
replied that he would choose Item Three (construct 1760 L.F. of
underdrain and complete paving - $17, 138.00) and he considered 7596
to be bare cost. Commissioner Van Ness inquired why the word "paving"
was included in all the options when the contract included paving.
Mayor Howell expressed the opinion that he thought it was general
practice for contractors, when preparing their bids, to anticipate
the possibility of having to install wellpoints. The Mayor reminded
the Commission of the problem which confronted Reinertson Construction
Company while working on Seminole Road, and the fact there was no
cost to the City. He added that he did not feel that wellpointing
was a legitimate added cost to the contract. Mr. William Lindler
injected that Dickerson had not projected wellpointing in the original
bid. Mayor Howell and Commissioner Van Ness both pointed out that
the City had no difficulty with the water table on Sturdivant prior
to commencement of the current work. Mr. Parks replied that he was
totally unaware there were several drainage pipes underground which
emanated from the Gay property and which directed drainage to the
north side of the road to a low mosquito ditch. Commissioner Mhoon
Page Three V V
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February 6, 1978 Commrs. M S Y N
expressed the opinion that after listening to the discussion he felt
the City had a legitimate contract and offered the following motion:
Motion: Hold the contractor, Dickerson, Inc.
to the performance of his bid to complete Jensen x
the roads as to the specifications at no Mhoon x x
additional cost to the City. Minton x x
Van Ness x
The Mayor requested a roll call vote. Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
Commissioner Jensen queried Mr. Ball for a legal opinion. Mr. Ball
replied this problem was a gray area with the contractor perhaps
bidding in good faith with no underlying factors. He expressed the
view that the basic question to research will be the sufficiency of
the bid and specifications published by the City, and he would tele-
phone the Commission after examining the matter. Mayor Howell asserted
that even though it may not be the contractor 's fault, it certainly
was not the City's fault, and on that basis, under no circumstance
would he vote on any amount of money which included a profit for the
contractor. Commissioner Van Ness remarked that she would like to
know where the responsibility lay in determining the conditions before
the bid is submitted, and Mr. Lindler replied they had inspected the
site for ground conditions before bidding and also read the provision.t
of the specifications regarding underground water when the mean water
table was within 18" of the finished grade. He announced that
Dickerson, Inc. , had stopped work on the problem areas until some
decision could be made. Commissioner Jensen inquired if the contractor
had anticipated any water problems, such as requirements to use well
points, etc. , and the reply was in the negative.
Mayor Howell added there was another problem concerning the clay pipe
(directly behind Pleasant Gay's property) in Catch Basin #19 that was
supposed to be encased in cast iron pipe. Mr. Parks replied this was
in the plans and the contractor would have to comply. Mr. Lindler
advised he had no knowledge of this problem and would investigate the
matter the next day. The Mayor observed that some catch basins were
not emplaced at the correct elevations, thus requiring the cutting
of throats to permit drainage of surface water. Mr. Parks pointed
out that the matter had been discussed with the contractor and that
Note 6 on Sheet 2 of the Paving and Drainage Plans stated "the top
elevation of all catch basins are approximate, and are to be adjusted
where necessary to meet field conditions. All catch basin tops withit
paved areas are to be flush with pavement. All catch basin tops within
swale are to be . 10' above grade. " He also averred the shop drawings
for the catch basins had not been submitted to him.
ommissioner Mhoon asked the question as to the responsibility for
inspecting problem areas during construction according to the specifi -
cations, i.e. , Mr. Steckla, Mr. Parks, Mr. Vogel, Mr. Hilliard, or the
Commission. Mr. Parks injected that his contract with the City
Commission for this project calls for preparation of plans and specif.-
Page Four V V
CORRECTED Minutes Names of
February 6, 1978 Coma's. MS Y N
.... •
cations, aid in securing bids and placing the work under contract, to
give casual and intermittent supervision to the construction, and
check shop drawings as necessary to accomplish the construction.
Mr. Steckla also pointed out, as project coordinator and inspector,
that it would be inconceivable for him to determine during constructi ►n
that a particular catch basin was not at the proper elevation and tha
it was not within the purview of an inpector to perform that specific
type of function.
Mayor Howell advised the Commission of a pending invoice from Robert
A. Angas, in the amount of $6,676.25, covering survey work for the
proposed sidewalks (HUD grant) on the East side of Mayport Road and
the South side of Plaza. The Mayor defined this invoice as an
unanticipated cost of the Community Development Block Grant inasmuch
as only $800 had been budgeted. Mr. Parks commented that the nature
of the work was such that the survey had to be very detailed, and he
felt the charge was justified. Mr. R. A. Goll, of Coll and Associate. ,
was queried as to the position of the City if there is not sufficent
monies to complete the sidewalks. Mr. Coll expressed the opinion tha
the City would be allowed to complete the portion which the funds wil '
allow and that completion of the entire project was not required. He
further stated that HUD would review the non-construction costs the
City is having to bear and suggested the $6,676.25 be paid out of the
grant funds. Mr. Goll mentioned he would talk to the HUD office for
clarification of this and would be in touch with the Mayor in the nex
few days.
Jensen x
Motion: Approve payment of statement from Mhoon x x
Robert A. Angas, in the amount of Minton x
$6,676.25 covering survey work for Van Ness x x
the sidewalks. Howell x
* * * * * * * * * * * * * * * * * * * * * * *
Mr. Parks advised the Commission he planned to furnish completed plan.
for the sidewalks at the next meeting, and hoped he would have State
Road Department approval. Mr. Vogel added that he had suggested Mr.
Parks prepare three projects: Sidewalks from Atlantic Boulevard to
Plaza on Mayport Road, Plaza to the City limits on Mayport Road,
and Plaza, thus enabling the City to award all, one, or none of the
sidewalks.
Commissioner Jensen inquired if George Bull obtained a permit to rem. e
trees on Se1va Marina Unit 11, and the reply was in the negative.
Motion: Instruct the City Attorney to file Jensen x x
charges against Mr. George Bull for Mhoon x x
violating Ordinance No. 90-77-69. Minton x
Van Ness x
The vote was unanimous. Howell x
* * * * * * * * * * * * * * * * * * * * * * *
Page Five V V
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February 6, 1978 Commrs . MS Y N
Commissioner Jensen commented that the $5, 100 allotted to the ball
park at Russell Park should be put on the agenda for the next meeting
to determine the manner of expending the funds. Mayor Howell
requested that all interested parties be notified of next Monday's
meeting. Commission agreed.
Commissioner Minton inquired about the bids on the re-surfacing of
the tennis courts. Mr. Vogel commented that the bid offer had been
advertised in the Times-Union and about six firms had purchased bid
documents.
Mayor Howell asserted that he learned on Friday that one or two
members of the Duval Delegation and the City of Jacksonville have drafted
a bill to "help" the Beaches and the Town of Baldwin by amending the
charter of the City of Jacksonville and repealing Article 2A of the
charter and to remove the "ambiguities" that the City of Jacksonville
feels exist. The Mayor noted he would keep the Commission informed
of any developments. Commissioner Van Ness requested copies of the
draft be furnished to each Commissioner.
There being no further business, Mayor Howell declared the meeting
adjourned.
im rilo 'well, Mayo -Commissioner
(SEAL)
ATTEST:
Ade aide R. Tucker, City Clerk