CC CLOSED PORTION MINUTES 11241998

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CITY OF ST. ANTHONY 3 CLOSED COUNCIL SESSION MINUTES 4 5 November 24, 1998 6 7 Following a motion by Marks, second by Faust to hold a private session to discuss the change 8 order for the Silver Point project,the following was discussed. 9 10 Todd Hubmer, WSB, addressed the Council with regard to the project,reviewing his 11 November 24, 1998 memo to the Council, outlining the change in conditions at the park 12 and the City's options for action. Peter Willenbring, WSB, introduced Scott Tracy, 13 Summit Enviro-Solutions, who has extensive experience in dealing-with environmental 14 clean-up and demolition materials. 15 16 Mr. Hubmer stated the contractor has removed 17,500 cubic yards of material to date of 17 the total 73,000 cubic yards to be removed in the project. He added the contract 18 documents were written to incorporate 7,000 cubic yards of special excavation which was 19 the anticipated amount based on public testimony of a dump site and soil borings done by 20 WSB. The contractor was aware that some debris existed. 21 Mr. Hubmer stated WSB decided to conduct a thorough investigation to determine more 46 accurately the amount of debris in the park area, and discovered construction debris 24 scattered over the entire site. The contractor was made aware of this change in conditions 25 at the park, and has indicated he is unable to continue the project at the specified rate. 26 27 Mr. Hubmer stated 3 options exist for the City: 1)complete excavation under the lump 28 sum contract, and amend the contract to bring in a new bid item. The contractor would 29 be able to complete the work for an estimated$235,500 in addition to the existing 30 contract, or 410.65 per cubic yard; 2) execute a change order and reimburse the contractor 31 on a time-and-material basis whereby WSB would monitor and reimburse accordingly; or 32 3)re-bid this portion of the contract. 33 34. Mr.-Hubmer added it is WSB's opinion that the contractor is offering a fair and 35 competitive price in the change order. 36 37 Cavanaugh asked whether Mr. Hubmer felt responsibility for failing to identify the actual 38 amount of debris located in the park. Mr. Hubmer stated he had listened to residents and 39 done borings, and made the best judgement he could with the information available. 40 41 Mr. Willenbring stated he stands behind the plans and specifications originally agreed 42 upon, but a change in conditions has occurred from an excavation perspective. 43 *45 Ranallo stated the engineering firm was hired to look after the best interests of the City, and he felt the firm was remiss in not discussing with the Council the issue of