Minutes - Board - 1951-12-27Minutes of Special Meeting of
Board of Directors of Costa Mesa Sanitary District
held at 2057 (Rear) Newport Avenue, Costa Mesa, California
(a December 27, 1951
Present: Directors TeWinkle, Nelson, Lord; Norman, Meyers.
Attorney Anderson
Engineer Bulot
Secretary Owen
The meeting was called to order at 7:30 p.m. by President TeWinkle,
who stated the purpose of the special meeting.
1st - Action of 9th Partial Estimate
2nd - Interpretation of contract with Francis H. Bulot
covering Supervision of construction dated January 4,1951.
Ninth Partial,-Estimate presented in form and upon motion by Lord,
seconded by- Meyers, ordered paid, as follows:
Sewer Construction Fund.
Warrant No. Name Amount
63 Michael Izzi ?
factors involved, complete information and understanding should be.
had as to meaning of the contract with respect to compensation before
final stages of duties to be performed and payment for same had been
reached. Hence the action of the Board seeking to reconcile the
terms of $24,000.00 and 3.15 per cent through its instructions to
Attorney Anderson.
Attorney Anderson gave it as his opinion that the proposed resolution
sought to accomplish that purpose and that it represented his per-
sonal and professional understanding of the intent and purpose of
contract at time of its acceptance by the Board January 4, 1951.
Both President TeViinkle and Director Nelson expressed a desire for
reference to record that would provide figures upon which the amount
$21►,000.00 was based in order to ,justify the conclusion that it was
the intent and purpose of the contract to pay that sum regardless of
the 3.15% provision.
President read the contract and stated that in his opinion it was
essential that the two (apparently conflicting) provisions of the
contract be reconciled and understanding had as to which should be
observed.
Mr. Bulot exblained the estimates provided the Government on Form 9
March 11, 1919, in connection with Federal Advances of funds for
Plan Preparation wherein the total cost of construction items
aggregated :792,615.00, and also progress reports on Design of Sewer
System made October 19, 1950, and prior thereto, including estimates
of cost, presented to and accepted. by the Board in regular meeting
November 2, 1950, wherein the estimate of cost.of construction is
given as $805,971.00 and a further notation as follows:
"Total fee for supervision - A25,379.00 (divided by $805,971-00 =
3.15%)"
In connection with his review of the above documents, Mr. Bulot
stated that his interpretation, understanding and expectation of
and under the terms and conditions of the contract is and has been
that he is to receive the sum of $24,000.00 payable monthly at the
rate of $2,000.00 per month for 12 months, that he is.obligated. under
the contract to do and that he will do all supervision work to and
including acceptance of the job, and that the sum of $124,000.00
covers complete supervision.
No lump sum of money was shown or'mentioned in connection with
authorization of preparation of contract November 2, 1950, or in
any document or conversation relative to same prior to presentation
of the contract itself per minutes of meeting January 4, 1951, other
than those mentioned above, which reports were not considered as
related to preparation of this contract at the time.
While no formal action was taken on the question of adoption of the
resolution, members of the Board. without exception expressed themselves
informally as ,favoring payment of $2,;000.00 monthly to the extent of
`24,000.00 in,,�order to adequately compensate Engineer Bulot for
services contemplated by the contract and his expressed understanding
of same and further that no action at this time appears necessary
pending presentation of claims for monthly installments.
The above review was read at regular meeting of the Board of Directors
February 7, 1952, and the following action taken;
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