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CASSELBERRI CITP COMMISSION Minutes of June 27, 2011-Regular Meeting Page 10 of 15 Discussion: Commissioner Solomon expressed concerns regarding the cost overruns related to North Winter Park Drive Phase II Project. Mr. Gisclar gave an overview of the field conditions not fully anticipated in the original plans for the project that warranted the changes to the scope of the project included in Change Order No. 1. A copy of City Manager's Memorandum for this agenda item outlining Change Order No. 1 is attached to and made a part of these minutes. MOTION: Commissioner Solomon moved to approve Resolution 11-2270, as presented and related Budget Amendment #11-035. Motion was seconded by Commissioner Hufford. Motion carried unanimously by voice vote 5 - 0. Resolution 11-2271- Awat•d ofBid/Agreement with Central Florida Environmental Corporation for Construction of Wirz Trail Section 1 Project "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH CENTRAL FLORIDA ENVIRONMENTAL CORPORATION FOR THE WIRZ TRAIL SECTION 1 PROJECT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Introduction: Resolution 11-2271 provides for an agreement between the City of Casselberry and Central Florida Environmental Corporation (CFE) in the amount of $1,346,677.49 for completion of the Wirz Trail Section 1 Project. Budget Impact: There is an impact to the budget in the amount of $1,346,677.49 fol• construction costs of Wirz Trail Section 1. The construction costs are reimbursable to the City through the LAP Agreement and LAP Supplemental Agreement 417461-1-58-01, less the required City match amount of $27,856 which is available in the Parks Capital Improvement Fund, Account #304-0410-572-63.89. Recommendation: The City Manager and the Public Works Director recommended approval of Resolution 11-2271. Discussion: Commissioner Solomon inquired if Central Florida Enviromnental Corporation was the low bidder on the project and how many bids were received for the project. Mr. Charles Irvin, Purchasing Agent, stated a total of five (5) bids received and Central Florida Environmental Corporation submitted the lowest responsive, responsible, and adequate bid in the amount of $1,346,677.49. Mr• Irvin further stated the second lowest bid was 1.4 million and the third lowest bid was 1.6 million. Commissioner Solomon inquired to the Attorney regarding requirements to abstain from a vote due to a friendship. The City Attorney stated that there is no statutory provision for abstaining fi•om a vote due to a pecuniary gain of a friend, and clarified that that an elected official must abstain from voting on a measure which inures to his or her special private gain or loss of a principal by who they are retained, to the special private gain or loss of a relative, or to the special private gain or loss of a business associate, as defined in Section 112.3143, Florida Statutes. MOTION: Commissioner Solomon moved to approve Resolution 11-2271, as presented. Motion was seconded by Commissioner Hufford. Motion carried unanimously by voice vote 5 - 0.