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Home My WebLink About10/01/1975Pledge Roll Call City Staff MINUTES ADJOURNED..MEETING.OF:THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY, OCTOBER 1, 1975 - 4:10 P.M. COUNCIL CHAMBERS, CITY HALL PRESENT: Councilmen Graham, Gurnee and Petterson ABSENT: Councilman Norris and Mayor Schwartz PRESENT: R.D. Miller, Administrative-Officer; J.H. Fitzpatrick, City Clerk; A.J. Shaw, City Attorney; Bert B.'Townsend, representing the County Health Department Mayor"Schwartz-arrived at 4:30 p.m. Vice- Mayor.Graham presiding. 1. The City Council considered.the.final passage of Ordinance No. 648, an-ordinance of the City of San Luis Obispo authorizing an amendment.to the contract between the.City of San Luis Obispo and the Board of Administration of the California Public Employees Retirement System. _ Vice -Mayor Graham asked if there was any public input. No one spoke for or against "the final passage of the ordinance. On motion of Councilman Gurnee, seconded by Councilman Petterson, Ordinance No. 648 was introduced for final passage. Passed and adopted on the following roll call vote. AYES: Councilmen Graham, Gurnee and Petterson NOES: None ABSENT: Councilman Norris and Mayor Schwartz 2.. R.D..Miller., Administrative Officer presented for the Council's consideration a.memorandum from Wayne Peterson, City Engineer regarding.the final pay estimate for work on the Edna Saddle Water Tank by Madonna Construction Company. There were two potentially controversial items: 1. Deduction from Madonna's contract-for exceeding time for completion 2. Deduction from-Madonna's contract for payments to Pacific Erectors for doing work shown on the plans to be Madonna's responsibility. The contract for this work_was_clear:in this area and it stated a definite time-to do the.work and a.penalty.for late completion as well as a bonus for early..completion...The contract allowed 100 calendar days. The contractor ..took 193 days excluding.rainy days and .extra days for changes in the work. These extra days had a direct cost to the City of about $7,300 for inspection plus possible additional.amourits the engineer was requesting of $4,000 for super- vision and contract administration. The.second part of the project was work.not.required to be completed prior to the beginning. -of tank construction—the time allowed was 80 calendar days. The.contractor.had used 72; therefore, he would receive a bonus for early completion of the work. City Council Minutes October 1, 1975 Page 2 The City Engineer recommended.that the-93 days over should be assessed at $100 a.day, penalty ,or.$9,300:. ,Jnd.a.bonus.of $800 under on Phase II a net.deduction.from the..Madonna.contract..of $8,500. On the deductions ..for.work done.by.Pacific.Erectors, the Engineer stated the contract .....plans indicated ductile-iron pipe that.entered the bottom.of the tank which.was to.be fitted with steel flange by the manufacturer. The pipe brought to the site.did..not have such a flange. Madonna's plumbing ...subcontractor.was not.able.to do.the- field.weld; therefore, it was agreed.to allow Pacific Erectors.to.do` the welding. This was-done via .a change order.with Pacific Erectors and as a deduction from the final payment to Madonna. Wayne.Peterson stated in his.memorandum.he had received verbal objection from .Madonna's.subcontractor.saying he.did.not feel the work was their responsibility. There was.no.notice of.this objection in writing;. therefore the Engineer had shown this item as a deduction on the pay estimate to-Madonna. It was the,consenus of the.Councilmen.present. that the City accept the:recommendation.of the City Engineer -and show these deductions on 'the final payment -to "Madonna Construction Company. Richard D: Miller, Administrative.-Officer submitted a communication from Wayne Peterson-,- City.Engineer regarding a request.by`Penfield and . Smith for.extra.payments.under their basic contract. Payment for extra work authorized-but not built. Wayne_ Peterson's memorandum.stated._that.he. had agreed. to pay :Penf,ield and.Smith for extra.work_done.by.thein.to design an alternate grading" ` plan which. was' .not:built..This.authorizatiori was based on the fact that wdrk.had been .clearly.authorized_.over.and above the contract and they ..submitted a bill.based.on..time and.mateiial to do the work: The Engineer agreed -also to.consider time spent by them.to prepare contract documents for the purchase of water -pipe materials as extra work because it normally would not have been included in.the.contract for pipeline construction and was clearly authorized by the.City. Since that authorization, the City had received.an additional request by the Engineer to consider .the design of slope protection fence work and pay them based.on_a percentage of the bid 'or $3,045. ' The Engineer stated he had rejected this on the basis that it was a contingent item that would only be required.if needed and was included in the plans at their urging and was not used in the final product. The contract with the Engineers clearly stated that the City was obligated to.pay them based on the final construction cost. It provided for extra payments.beyond the maximum if conditions beyond the control of:the.engineer.required a change in scope of the project. It .was the _City..Engineer'.s.opinion.that there had been no change in the scope..of the project.in the.area. of the.slope protection fence and he did_ not, intend to authorize payment. The second.item.was a charge.for.payment for-work done during Madonna's time over.. run; . -...As previously.reported. the site preparation contractor .ran over his.time limits 93...days on Phase I and under 8 days on Phase II fora net total of.85.days.over. The Engineer was.requesting extra work for project-. management .during..this._over..run time. The amount requested closely - matched the.entire.charges against the site preparation project .management portion_of:the.contract. The detail in the billings indicated $ $1,378.75 for. project conferences.and.project management. This.was all that -the City-. Engineer_. felt - was.justified - because the'remaining cfiarges were not time related.but..rather work_for.change orders, reports and design.work_that had been contemplated.from the - beginning of the project. Whe maximum.amount.to.be _ paid.was automatically adjusted for change orders. When.the contract was awarded, it was understood that - certain designs would be done after the contractor had begun work and exposed the areas for which there_was.no knowledge- before construction. Staff recommended -the payment.of_$1,378.75 to the Engineer over and -above .the contract.amount.for time incurred due_ to the contractor's project extending beyond the time limits. 1 1 C City Council Minutes October 1, 1975 Page 3 It was the consensus of the City Council that the staff's recommendation be accepted and that Item 1, payment for extra work authorized but not billed, be denied and that the payment for work done during the Madonna's time over run be approved. 4:30 P.M. Mayor Schwartz arrived at the meeting. 3. The City Council reviewed a report on the County -Wide Solid Waste Management Plan being prepared by representatives of the various City's sanitary districts and the County. Mayor Schwartz, the City- County representative to the County -Wide Solid Waste Management Plan reviewed for the City Council the work done to date by this committee in preparing this plan. Bert Townsend, Solid -Waste Management specialist for the County of San Luis Obispo reviewed for the City Council,the plan for the San Luis Obispo County Solid -Waste Management Plan developed to date and outlined future hearings which would be held on the plan. Mr. Townsend presented a summary of the inventory of existing solid waste and solid waste disposal areas, the Resource Recovery activities, the handling facilities, storage, collection and disposal systems within the County, forecasts and projections of alternate future disposal methods, collection facilities, etc. and a summary of preliminary litter management plans being adopted under the provisions of the State Solid Waste Management and Recovery Act of 1972. The City Council discussed with Bert Townsend some of the benefits the County would derive from a waste management program. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting at 5:45 p.m. APPROVED: . Fitzpatrick, City Clerk L�l