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03-26-1971 Supporting DocumentsMINUTES SPECIAL MEETING No. 725 A Special Meeting of the City Council of the City of Clermont was held in the Council Chambers on Friday, March 26, 1971, The meeting was called to order at 7:30 P. M. by Mayor Don E. Smith with the following members present: Councilwoman Watson and Councilmen VanderMeer, Cochran dnd Beals. Other officials present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll and City Attorney Langley. Others present were: Mr. Stewart Hartman and Floyd Groo. Representatives of the local Press were also present. Mr. Hartman, fiscal agent representative of the city's investment banker, Leedy, Wheeler & Alleman, Inc., appeared before the Council and presented to them an offer to purchase $1,700,000 Water and Sewer Revenue Bonds. A brief resume of the offer as submitted is as follows: Bonds maturing 1975 to 1984 to bear interest @ 63,% per annum Bonds maturing 1985 to 1994 to bear interest @ 6 3/4% per annum Bonds maturing 1995 to 2003 to bear interest @ 7% per annum thereby their offer is to pay $1,632,000 plus accrued interest from November 1, 1970 to date of delivery. Following considerable discussion regarding this offer, Councilman Cochran offered and moved the adoption of a RESOLUTION awarding the $1,700,000 Water and Sewer Revenue Bonds; Naming a Paying Agent; and setting forth the provisions of redemption of the bonds. The motion was seconded by Councilman VanderMeer and upon roll call vote on passage of the motion, the result was: Ayes: VanderMeer, Smith, Watson, Cochran and Beals. Total Ayes: Five. Nayes: None. Absent: None. So the RESOLUTION was adopted and the Number 178 was assigned to it. A copy of the Offer to Purchase as submitted by Leedy, Wheeler & Alleman, Inc. and which the Mayor and Clerk were directed to execute is attached hereto and becomes a part of these minutes. Mr. Floyd Groo, President of Michaels-Stiggins, Inc., Consulting Eningeers, advised Council that awarding of bids for the construction of the Sanitary Sewer System was now in order. Mr. Groo further advised Council that inasmuch as the bid contract specifications call for a $200.00 per day liquidated damage clause and inasmuch as this bid award date be in excess of the 100 day period following bid opening date for the withdrawing of bids as also allowed in the contract specifications, that Bumby & Stimpson, Inc. had requested a condition be added to their Bid wherein they be paid $200.00 per calendar day from March 4, 1971 to the day their contract is awarded, such payment to be accumulated but not paid until completion of the project. Mr. Groo still further advised that the customary procedure was to award the contract within 30 to 60 days after bidding. Motion was made by Councilman VanderMeer and seconded by Councilman Beals that bids on the construction of a sanitary sewer system be awarded as follows: To Bumby & Stimpson, Inc. for the construction of the gravity system, lift stations and force mains as per their Bid submitted, accepted and tentatively awarded on January 5, 1971 and including the addition hereof, their bid offer condition as outlined in their letter of March 12, 1971, a copy of which follows these Minutes. To Chilton Construction Company, Inc. for the construction of the treatement and disposal facilities as per their Bid submitted, accepted and tentatively awarded on January 5, 1971. Aft MINUTES N9 726 Upon roll call vote on passage of this motion, the result was: Ayes: VanderMeer, Smith, Cochran, 'Watson and Deals. Total Ayes: Five. Mayes: None. Absent: None. whereupon the Mayor and City Clerk were directed to execute the construction contracts. City Attorney Langley advised that upon meeting with a State Legislative Committee with regards procedure for establishing a South Lake Airport Authority, it would be necessary that a sponsor for such an Authority be proclaimed and submitted. Motion was made by Councilman Deals, seconded by Councilman Cochran and carried that the City of Clermont be proclaimed as Sponsor for the establishment of a South Lake Airport Authority. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Dolores w. Carroll, City Clerk 1n .tmont Bmdulrn M. STEWART HARTMAN CITIZ EN.,N.TIONAL`RANH BUILDING e' vice rRavou'T prl—do,Florlda 32602 March 25, 1971 Honorable Mayor and Members of City Council City of Clermont, Florida Gentlemen: In accordance with the terms of the agreement between the City and Leedy, Wheeler & Alleman, Inc., entered into on March 28, 1966, wherein Leedy, Wheeler & Alleman, Inc., agrees to serve the City as investment banker, we are pleased to submit this offer to purchase $1,700,000 City of Clermont, Florida, Water and Sewer Revenue Bonds, dated November 1, 1970, and more fully described in the ordinance adopted on January 12, 1971, authorizing issuance of the bonds. For all but not less than all of said bonds, bearing interest at the rate of 61�8 per annum for bonds maturing 1975 to 1984, both inclusive; 6 3/48 per annum for bonds maturing 1985 to 1994, inclusive; and 78 per annum for bonds maturing 1995 to 2003, both inclusive; we agree to pay $1,632,000 plus accrued interest from November 1, 1970, to date of delivery. Bonds maturing 1975 through 1984 shall be noncallable prior to maturity. Bonds maturing 1985 and thereafter shall be callable by the City for prior payment commencing May 1, 1985, and on any interest payment date thereafter at a price of par, plus a premium of 3%, in their inverse numerical order. The unqualified legal approving opinion of Bryant, Freeman, Richardson & Watson of Jacksonville, Florida, together with normal closing certificates; such as, Treasurer's Receipt, Signature Guarantee, No Litigation Certificate, etc., are to be delivered to us simultane- ously with our payment for and acceptance of the bonds. We agree to pay the legal fees of Bryant, Freeman, Richardson & Watson and the legal fee of the attorney for the City for their respective services in connection with authorization, issuance, and delivery of these bonds. We also agree to pay for the printing of the forms of bond and coupons. It is agreed that Citizens National Bank of Orlando, Orlando, Florida, shall be designated as paying agent by the City in connection with these bonds. The City agrees to make delivery of said bonds, either in the City of Clermont, Florida 2• city of Orlando, Florida, or in the city of New York, New York, at a time and place to be mutually agreed upon, except that the date of delivery shall be no later than forty-five (45) days following the date of this proposal unless this period shall be extended by mutual written agreement of the City and Leed_v, Wheeler & Alleman, Inc. Attached hereto is our good faith check in the amount of $ 17,000.04 representing full and liquidated damages, to be cashed by the City only in the event we fail to accept delivery and pay for said bonds in accordance with this offer. Said check is to be held uncashed by you pending our acceptance and payment in full for the bonds, at which time the check shall be returned to Leedy, Wheeler & Alleman, Inc. Respectfully submitted, LEE"WIRIEE ALLEMAN, INC. 1�-- M. Stewart Hartman MSH:ke The foregoing offer to purchase $1,700,000 City of Clermont, Florida, Water and Sewer Revenue Bonds is accepted by resolution of City Council at a special meeting held CITY OF CLERMONT, FLORIDA ATTEST: Mayor i - MICHAELS-STIGGINS, INC. ENGINEERS & ARCHITECTS U — - � 3025 East South Slued • Orlando, Florida 32803 Telephono 305-425-8691 .'7"'," ° I ' March 23, 1971 Mr. Robert Hopkins, City Manager City of Clermont City Hall Clermont, Florida Re: WS-Fla-166 (PFL-Fla-124) WPC-Fla-222 Sanitary Sewer System Clermont, Florida Dear Bob: The following is an up-to-date existing and tentative status outlining the progress of subject project. (a) Bids taken November 24, 1970 (b) Resolution of Tentative Awards, January 5, 1971 (c) Approval of Low Bidders - HUD - January 14, 1971; FWPCA - Feb. 1, 1971 (d) End of 100 day period for withdrawing bids, March 4, 1971 (e) Revenue Bonds Validated, February 26, 1971 (f) Revenue Bond 30 day appeal period ends March 26, 1971 (g) Formal Contract Award, March 29, 1971 (h) Pre -construction conference, April 7, 1971 (i) Notice to Proceed - commence work - April 15, 1971 Of course some dates set forth above are predicated on everything proceeding smoothly without any problems. ' We also received a letter from Mr -John F. Stimpson, dated March 12, 1971, requesting that we consider payment to Bumby and Stimpson of $200.00 per day in liquidated damages until the award is issued. The period of time involved would be from March 4, 1971 (the end of the 100 day period) until approximately March 29, 1971, which would amount to $5,000.00, with the provision that no payment would be necessary until final completion of the project. Of course if Bumby and Stimpson overrun the time of contract, this will cancel out,part or all of the money. Also, in the course of a project of this magnitude, often a "swap" of money through minor construction changes can be made to lessen or remove the additional cost. Reports — Appraisals — Designs — Supervision Municipal and Public Works: walor supply —Sewage and Wasto Disposal —Highways — Bridges — Dams and Waterways Municipal, commercial and Religious Buildings Mr. Robert Hopkins, Clermont Re: Bumby and Stimpson Sewer Project March 23, 1971 -2- It is customary procedure to award the contract within 30 to 60 days after bidding. Bumby and Stimpson are as good as any contractor in the State and are low bidder by about $94,000. Bumby and Stimpson have the right to withdraw their bid at this time. It is our feeling that their proposal as per their attached letter be honored. Immediate approval by the City should be given them in writing. Very truly yours, MICHAELS-STIGG INSS,IINC. ,Ifa�'Wes6. Westbrook JC W/ob Enclosure BUMBY STIMPSOH GENERAL CONTRACTORS ORLANDO, FLORIDA 32802 March 12, 1971 Michaels - Stiggins, Inc. 3025 East South Street Orlando, Florida 32803 Attention: Mr. James C. Westbrook Subject: City of Clermont, Florida - Sanitary Sewer System. Gentlemen: We are in receipt of your letter dated March 11, 1971. Upon reviewing our bid at this time, we feel we can extend our time to April 15, 1971, or beyond, as necessary,with the following conditions. Since the additional time will place our contract further into the rainy season, we anticipate Increased costs to us since much work was planned to be underway during the spring dry season. Some material prices have also increased since January 1, 1971. The contract specifications call for a $200.00 per day liquidated damage clause. For our firm to continue to honor our bid, we must ask for $200.00 per calendar day to be paid to us from March 4, 1971, to the day our contract is awarded. Payment of the total sum accumulated during this period may be postponed until completion of this project. Thus,should our project time overrun, subject to conditions for extension of time as per the specifications, change of project scope, but not less than 365 calendar days in any event, such overrun may be deducted from the amount accumulated during this time. If this arrangement is satisfactory to you and the City of Clermont, then this letter will serve as our notice to you binding our bid until the award of the contract. x. We would appreciate your confirmation in writing to us as soon as possible. Several material suppliers have indicated that there will be price increases Michaels - Stlggins, Inc. -pg. 2- March 12, 1971 coming along as of June I, 1971. We urge your immediate action on this matter so we may continue to assure our suppliers that we will have a contract for this project. Very truly yours, BUMBY & STIMPSON, INC. John F. Stlmpson V %President