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05-09-1984 - Special/Workshop . ~ u CITY COUNCIL OF EDGEWATER SPECIAL MEETING AND WORKSHOP MAY 9, 1984 MINUTES '" Mayor David Ledbetter called the Special Meeting and Workshop to order at 9:06 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Present Councilman Melbourne Wargo Present Councilwoman Gigi Bennington Present Councilman Neil Asting Present Also present were Mr. Cal Conklin and Mr. Engineers, Inc., and Mr. Terry Wadsworth, Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Ed Overman Terry Zaudtke of Conklin, Porter Utilities Superintendent. Present Present Present Excused and Holmes Mayor Ledbetter stated the purpose of the meeting and workshop is to review various engineering matters. Councilwoman Bennington moved to go into a Workshop. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez said Resolution 84-R-21 was prepared to cover the agreement with Sieg and Ambachtsheer, Inc. for the rehabilit&ion of the lift stations. He noted that Briley, Wild prepared the contract and he reviewed various sections of it, and said it seems to be in proper legal form. He noted that he'll approve it as to form but he can't certify it. Councilman Spencer asked if there's a problem and City Attorney Alvarez said he didn't prepare it. Councilman Spencer said held like to look through it and asked Terry Wadsworth if held reviewed it. Mr. Wadsworth said he had and it's consistent with other contracts used in the past. Councilman Spencer said that since he hadn't seen it, he'd like some ~understanding that it's okay. Councilman Asting asked when the project could be started and Mr. Wadsworth said it would be as soon as the con- tract is executed and they have a pre-construction conference. Councilman Asting asked how long it will take and if there's a time limit specified in the contract. City Attorney Alvarez read from the contract that the work would be substantially completed within 180 calendar jays after the date the contract time begins. Councilman Spencer asked if there are progress payments and Mr. Wadsworth said yes, but there will be a retained percentage until they meet a point of substantial completion. City Attorney Alvarez pointed out that on liquidated damages, they'll pay the owner $100.00 a day for each day after the time specified. Councilman Spencer asked if there is a penalty clause and Mr. Wadsworth said yes, but they can do it in a shorter time. Mr. John Gross, from the audience, asked if this is in favor of the contractor or the City and Mayor Ledbetter said they wouldn't want to accept it as complete if it's not correct. Mr. Wadsworth pointed out that there's a warranty bond for one year and the motors have a five-year manufacturer's warranty, so they'd have maintenance and correction covered for the year. Mr. Gross asked when the one year period would be and Mr. Wadsworth said it's one year from the completion of the project. Councilman Wargo said he didn't like the term "substantial" and City Attorney Alvarez read from the definitions regarding this. Councilman Asting asked if there would be inspections during the project by pro- fessional people and Mr. Wadsworth said they'll inspect at the City's request and in the key phases, but the City's staff will do routine day-to-day inspections. City Attorney Alvarez read the section regarding the preliminary list of items to be corrected within 7 days time. Councilman Wargo said he didn't think 7 days is enough time. Mr. Wadsworth pointed out that he'll know immediately if there's a problem. Councilman Spencer noted that there's the one year after completion that the bond would cover. Q {J City Attorney Alvarez read from the performance bond from Fidelity and Casualty and a payment bond from Sieg & Ambachtsheer, Inc. Councilman Spencer suggested they take a short recess to review the manuals, and there was a recess at 9:25 AM. There were discussions during the recess about various sections of the contract. Mayor Ledbetter called the meeting back to order at 9:35AM. Councilman Wargo questioned sub-contractors I liens. City Attorney Alvarez suggested it be an addendum to the contract that if the contractor. hires a sub they will require a release of liens and that would be under Article 7, Work by Others. Councilman Asting asked Mr. Wadsworth if he could foresee any change orders during the project and Mr. Wadsworth said no. City Attorney Alvarez asked if Briley, Wild prepared the specifications and Mr. Wadsworth said yes and he worked with them on it and it's a fixed contract price and not an open end as they had for the paving. City Attorney Alvarez said they could add that any changes in price will be at the contractor's own cost. Councilman Asting asked if any materials added would be an extra cost and Mr. Wadsworth said no. Mr. Wadsworth asked Councilman Wargo if he still wanted 30 days instead of 7 and Councilman Wargo said even 14 days would be satisfactory to him and Mr. Wadsworth agreed with the 14 days. Councilman Wargo said he could agree with the IIsubstantialll completion. Councilman Asting stated they.d hold the engineers responsible for any problems during construction if they say it1s okay. Mr. Wadsworth said he has review copies of the agreement itself plus the construction drawings in his office if Council members would like to see them. Councilman Wargo moved to go back into the special meeting. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Wargo moved to accept as modified. Councilman Spencer seconded the motion. Councilman Asting asked that they state they are modifying the project manual for the rehabilitation. Councilman Wargo said he had no objection to that addition and Councilman Spencer agreed as the second to the motion. Motion CARRIED 5-0. Councilman Spencer moved that Council adopt Resolution 84-R-21. City Attorney Alvarez read this Resolution. Res. 84-R-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT WITH SIEG & AMBACHTSHEER, INC. FOR THE PURPOSE OF REHABILITATING PUMPS AND EQUIPMENT IN THE WASTEWATER COLLECTION SYSTEM OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLIFT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer again moved to adopt Resolution 84-R-21. Councilman Wargo seconded the motion. Councilman Asting asked how it would be handled if Sieg & Ambachtsheer had an objection to the changes that were suggested. Mayor Ledbetter said they.ll have to start again but he didn't foresee any objection. Motion CARRIED 5-0. Mayor Ledbetter said the next item is the Conklin, Porter and Holmes engineering contract. City Attorney Alvarez stated that the agreement they received previously was prepared by the consulting firm but he met with Terry Wadsworth to review the agreement and they've made a few changes. He distributed copies of the proposed agreement to Council members and Mr. Conklin. Councilwoman Bennington asked what changes were made from the agreement they had. City Attorney Alvarez said it was a clarification of time items on chargesJand tightening up of the consultant1s responsibility for accuracy of their work. Mr. Wadsworth pointed out that it includes the changes the Council requested previously. Councilwoman Bennington asked Mr. Conklin if they had any objections to these changes. Councilman Wargo moved to go into a workshop on this. Councilman Asting seconded the motion. Motion CARRIED 5-0. -2- Council Special Meeting & Workshop Minutes ~lay 9, 1 984 Q o Councilman Spencer said the last item with a one-year term doesn't have any pro- vision for an extension and held like to have it if Council desires to extend. Councilman Asting said they'd like to have the option to review it at the end of one year with an option to extend. Councilman Spencer suggested it be renegotiable and City Attorney Alvarez suggested a notification of 30 days before the contract expires. Mr. Conklin said that was the intent when it was originilllynegotiated. Mayor Ledbetter asked about payments on page 2 of $37.50 per hour and Mr. Conklin said it's the same for all classes of labor and they have very little secretarial charge. Councilman Wargo said he didn't feel that anybody that calls the engineers should be charged for and he wanted a work order system. Councilman Asting pointed out that this was discussed and they agreed City Clerk Kinsey would be the contact. Mr. Conklin noted that it was in the agreement, and there's a provision that any time less than 15 minutes will not be charged and most telephone calls are not 15 minutes long. He added that it takes written authorization for them to have a legitimate basis. Councilman Asting asked if they'll accept a telephone call with written confirmation to follow and Mr. Conklin said' they'll move when they get the call and get the written work later. Mr. John Gross, from the audience, asked if a call to talk to a secretary would be $37.50 if it's more than 15 minutes and Mr. Conklin said it would if they talk that long. Mr. Conklin pointed out that they have a single contact and it will be Mr. Terry Zaudtke. Mayor Ledbetter said he feels this is a better arrangement than they had before. Mr. Wadsworth pointed out that they averaged $58.00 an hour on the last bill from Briley, Wild. Mr. Conklin said the Miscellaneous provision is an advantage to them but they're trying to provide a continuing service on small matters also. Mayor Ledbetter stated that he didn't want to see bills that are 18 months old and Mr. Conklin said they'd not do that, and they'd put it in the agreement if desired. Mr., Conklin stated on page 5, item J regarding the mylars, he would suggest that they be provided upon request because of the cost and not being needed at all times. Mr. Wadsworth agreed. Mr. Conklin stated on page 3, item C., attendance at meetings, this was changed and does not state evening meetings and the one hour waiting time may be charged if it exceeds 3 hours or more. Councilman Asting said they agreed previously that they'd put them at the beginning of a meeting to avoid excess waiting time. Mr. Conklin said he thought the wording "time at evening meetings shall not exceed actual working time plus waiting time incurred up to one hour" was appropriate. Mr. Conklin said on page 4 and 5, item H., the section "agrees to indemnify and hold harmless the City from any loss or liability arising out of errors or omissions" is already covered under the law but they don't actually give an indemnification or hold harmless clause, and he'd like to talk to his attorny on this since he hadn't seen the proposed agreement until he arrived at this meeting. Councilman Spencer said he agreed on the mylars and attendance at meetings. City Attorney Alvarez pointed out that City Council meetings should be different from evening meetings and it's understood they'll have to attend. City Attorney Alvarez reviewed a circumstance regarding plan review when they'd have to wait and Councilwoman Bennington said she wouldn't consider that waiting and Councilmen Spencer and Asting said they'd consider it to be participation. Mr. Conklin said they just want a reasonable compromise and not to charge for all waiting time. Mr. Wadsworth questioned why they want to specify evening meetings since they also have daytime meetings. Mr. Conklin noted that most of their people are on salary and an evening meeting isn't the same. He'added that they can re- negotiate but there's a content difference. City Attorney Alvarez asked the difference and Mr. Conklin reviewed their policy on evening meetings and said they'll use good sense and see if anything constructive was donE to warrant a charge. City Attorney Alvarez said he sees that as a business decision and not a legal matter. Mayor Ledbetter asked if Council wished to table this pending Mr. Conklin's discussion with his attorney about item H. Councilwoman Bennington suggested agreeing to it based on the two attorneys agreeing. City Attorney Alvarez asked if they'll be released if a structure falls down and Mr. Conklin said they're liable under the law but the hold harmless and indemnification is one step further. City Attorney Alvarez said he didn't see it that way but the issue is clear and it's up to the Council, and it's the same language as in the other engineering agreement. Councilman Asting moved to have a 5-minute recess. Councilman Spencer seconded the motion. Meeting recessed at 10:25 AM for Mr. Conklin to leave and make the call to hi s attorney. Councilman Wargo was excused from the meeting at 10:55 AM by Mayor I.edbetter. -3- Council Special Meeting & Workshop Minutes May 9, 1 984 ~ Q u Mayor Ledbetter called the meeting back to order at 11 :00 AM. Mr. Conklin said he talked with his attorney and he's not completely satisfied with the wording and would like to redraft something and talk to the City Attorney about it. Councilman Spencer moved to go back to the Special Meeting. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved to TABLE this subject to revisions of paragraph V, sub- paragraph H, pages 4 and 5. City Attorney Alvarez said also the option to renew after one year with 60 days notification, and subparagraph J on mylars to be "upon request" and the waiting time will be the one hour .would apply to evening meetings. Councilman Spencer said the motion would include subject to revision of the three items. Councilman Asting seconded the motion. Motion CARRIED 4-0. Councilman Asting brought up the subject of the condition of the apartments on Mockingbird Lane that are under construction. He said he went with the City Clerk and Public Works Superintendent to look at this and the drainage ditch is deplorable and the dirt has washed down into the canal. Mayor Ledbetter said if they took a compaction test they'd find it was very poor. Councilman Asting said held like Council to direct the Building Official to temporarily put a stop work order on that until the damage cuased by the construction is repaired, and he added that an engineer has to look at it. Mayor Ledbetter asked what Briley, Wild's recommendations were and City Clerk Kinsey said she hadn't received anything on this. Councilman Asting said a part-time City Engineer had contacted Terry Wadsworth about his services to the City. Councilman Spencer agreed it's a very serious problem and held looked at it. Councilman Asting again stated a stop work order needs to be issued. City Attorney Alvarez said they need to make sure that it's at a public meeting and the contractor has been notified. Councilwoman Bennington asked if they have to be notified that they're considering a stop work order and City Attory Alvarez said yes. City Clerk Kinsey asked if it can be resolved with an engineering determination. City Attorney Alvarez said he wouldn't advise getting into a stop work until they have an engineer look at it and if the contractor has disregarded warnings, etc. Councilman Asting and Mayor Ledbetter agreed with that. Mayor Ledbetter noted that the culverts in the ditch are not sufficient to carry the amount of water that comes to the Gabordy Canal. Councilman Asting pointed out that some are already half full of sand. City Clerk Kinsey noted that Mosquito Control personnel can't get into the catch basin. City Attorney Alvarez asked if plans were submitted and approved and City Clerk Kinsey said yes. Councilman Asting said they have other engineering problems also and he moved to have an engineer look at the situation there and make a recommendation to Council for what's to be done. Councilman Spencer suggested a motion that the City Clerk-Admin- istrator assign an engineer at the earliest opportunity as he felt she has that prerogative. City Attorney Alvarez asked how this came to the City's attention and Councilman Asting said it was the Public Works Superintendent. Mayor Ledbetter pointed out that Mosquito Control was going to clean the ditch and City Attorney Alvarez said that should be stated in the letter. Councilman Asting said there's an engineer at this meeting who has applied to become a City Engineer on an as needed basis. Mayor Ledbetter noted that it would be the same as Frank Marshall. Councilman Asting said they don't need to guarantee any number of hours. Mayor Ledbetter said he has no objections because he knows the applicant's background. Councilman Asting noted that he's a former County Engineer. and his charge to the City would be $30.00 an hour. Mr. Gerard Ferrara then spoke to Council. He clarified that his charge would be $30.00 but if he needed a draftsman or surveyor he would only charge their actual charge to him. He added that his secretary gets $10.00 an hour and he will give them a sheet showing the cost of the person and what they do. He said he would charge one-way travel. Councilman Spencer asked if his office is in Deland and Mr. Ferrara said yes and it's near the Public Works Department. -4- Council Special Meeting & Workshop Minutes May 9, 1984 " .' Q o Mayor Ledbetter said they have problems with Mockingbird Lane and Pelican Cove West which need priority. City Clerk Kinsey said there were two others that need looked at very soon also. Councilman Spencer asked City Attorney Alvarez if on the basis they have severe problems in the City that need attention right away, could they engage a new part- time City Engineer without going through the formality of public advertising. City Attorney Alvarez said there are two considerations, one is the Consultant's Competitive Negotiations Act which wouldn't apply in this case since it's under $100,000.00, and the act is professional services which are excluded in the Code from the bidding process. He said the advertisement is something that promotes compe- tition and the best deal for the City and he's in favor of advertising even if it's not required. He added they have an emergency situtation and they could engage the service on a 30-day basis to get the issues covered right away and if Council wishes they could send out public notifications and see what response they get. Councilman Spencer suggested it be for 60 days and go out for advertising in the meantime. Council- woman Bennington asked how many times they've advertised in the last year and the responses they got. City Clerk Kinsey said they advertised twice and got three replies. City Attorney Alvarez agreed the market appears to be saturated. Councilwoman Bennington asked if they engage him for 60 days and are happy with the arrangement, why should they have to advertise when they know the market out there. Mayor Ledbetter suggested it be 90 days probation like others. Mr. Ferrara said he needs no particular time line and will end his service when they tell him they don't want him to do the work. Councilwoman Bennington said the 30 days is a good proposal and a way to get some things done right away that are needed. Mayor Ledbetter agreed they need someone immediately due to the circumstances. Councilman Asting moved that they hire Gerard Ferrara as a part-time City Engineer for a 90 day period at $30.00 an hour. Mr. Ferrara noted the other services would be charged for draftsman, etc. Councilman Asting withdrew his motion. City Attorney Alvarez suggested they use the same format as used previously and he said Terry Wadsworth recommended instead of part-time he be an "in-house" City Engineer. Councilman Asting moved that the City Attorney prepare an agreement. City Attorney Alvarez said it's a standard form and he read the inserts that would be changed from Sam Tucker's agreement. He asked Mr. Ferrara if he's insured and Mr. Ferrara said yes and he thinks itls for $250,000.00 and he's never had a problem during the 10 years he's been in business. Councilman Asting asked Mr. Ferrara if he's agreeable to these terms and Mr. Ferrara said yes and they can put any period of time in. Councilman Spencer said to be 100% correct, they ought to advertise and if after the advertising they want to continue with Mr. Ferrara, they can. Mayor Ledbetter asked if there's enough money to carry this for 90 days and City Clerk Kinsey said there are some funds left but she wasnlt sure how many projects they'll have. Councilwoman Bennington asked if they have to pass a resolution before this can be effective. City Attorney Alvarez said they can retain him based on a motion and make it a different time for the effective date. Councilman Asting suggested they get pictures of the Mockingbird Lane problem. Councilwoman Bennington asked Mr. Ferrara if held be available for evening meetings and Mr. Ferrara said yes. Councilman Asting moved to hire Gerard Ferrara as an in-house engineer for a period of 90 days under the conditions stated by the City Attorney in the contract he read. Councilman Spencer seconded the motion. Councilman Spencer said he'd checked some of Mr. Ferrara's references and he was recommended highly. Motion CARRIED 4-0. Councilman Spencer pointed out that Planning and Zoning needs help with the update of the Comprehensive Plan. Mr. Ferrara said he'd look at it and help if he could. Councilman Spencer asked what could be done for dust on our roads and Mr. Ferrara said there's a semi-paved material with an oily base put on with a spreader that wets the area and penetrates about 3/4". Councilwoman Bennington asked how long it would last and Mr. Ferrara said it depends on the traffic flow and how they drive. Council- man Asting asked if it holds up in rains and Mr. Ferrara said yes. Councilman Spencer asked if it's acceptable to EPA and DER and Mr. Ferrara said yes. Mr. Wadsworth asked if calcium chloride is permitted and Mr. Ferrara said no. Mr. Ferrara said held check the cost on the semi-paved material but if there'sa high volume on it, it wouldn't be effective. -5- Council Special Meeting & Workshop Minutes May 9, 1984 > " o o Councilman Spencer pointed out that the requests would come from the City Clerk. City Clerk Kinsey noted that the street with the dust has about 150 cars a day on it. Mr. Ferrara said they can upgrade a road by using less base material or scattered asphalt surface to keep the costs down and he suggested they prepare a five-year plan for the City and list priorities. Mayor Ledbetter noted that they'd requested a five- year plan from the Public Works Superintendent. City Clerk Kinsey said they did get a list of the selection of streets to be resurfaced. Mr. Ferrara said he can work with the Superintendent to assist in setting it up. Mayor Ledbetter noted that the streets done by Community Development Block Grant had a 3" cap that wasn't needed. Mr. Ferrara agreed that they usually average 1" to H" on side streets. Councilman Asting moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 11 :40 A.M. Minutes submitted by: Lura Sue Koser .?y~ () -r ~/ tk4---- If 0,,* 1.IJ09d COUNCILMAN - ZONEFeBR ~ ATTEST: ~~4 CITY CLERK '7 Approved th is r11 ;taay of Tha.u - , 1984. W t /1 ~.~ ~ ',.t~" .fjglf,L- -6- Council Special Meeting & Workshop Minutes May 9, 1 984