HomeMy WebLinkAboutCC CLOSED PORTION MINUTES 11241998_ Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1998
Document: CC MINUTES 11241998
CITY OF ST. ANTHONY
3 CLOSED COUNCIL SESSION MINUTES
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5 November 24, 1998
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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.
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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.
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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.
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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.
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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.
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34. Mr.-Hubmer added it is WSB's opinion that the contractor is offering a fair and
35 competitive price in the change order.
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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.
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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.
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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
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contamination and special excavation. He added many residents, including himself, were
aware of and had informed WSB of the existence of the construction material in the park
3 area, adding he is concerned with presenting this new information to the public.
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5 Thuesen stated the firm should have been more aggressive in their communication with
6 the Council with regard to the uncertain nature of the material in the park. He added mor
7 research should have been undertaken to determine the amount of debris.
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9 Soth stated he had reviewed the provisions of the contract with WSB, and the
10 specifications are written in such a way that indicates the contract is unable to rely on the
11 estimate given. he added the contractor could argue the original specifications indicate
12 the debris is locate in a limited area.
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14 Soth stated the specifications provide some good arguments for holding the contractor to
15 the contract. Cavanaugh stated the community is concerned with safety and action must
16 be taken immediately. Mr. Hubmer stated the contractor had indicated a safety fence
17 would be erected and should have been in place by now.
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19 Mr. Willenbring suggested a meeting between the City Attorney and the contractor take
20 place immediately. Faust agreed, stating the contractor has some responsibility with
21 regard to the contract. Thuesen stated a meeting might indicate whether there is room for
46 negotiation.
24 Faust asked whether the additional $230,000 is the worst case scenario. Mr. Willenbring
25 stated larger debris must still be dealt with, as well as soil correction underneath the
26 debris, and the actual figure could be closer to $275,000. Ranallo stated the Council
27 thought$1.3 million was a large sum for the project, and now it seems an additional
28 $230,000 isn't even enough.
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30 Marks asked what the contractor's reaction might be to noticing a default. Mr.
31 Willenbring stated the contractor would probably continue work on the site.
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33 Cavanaugh stated the issue will eat away at the community far greater than the dollars
34 spent, and time is of the essence in taking action.
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36 Mr. Willenbring suggested a meeting with the contractor be held on Wednesday
37 November 24, 1998 and a discussion with the Council that same evening. Soth indicated
38 another attorney in his office with experience in construction litigation might be
39 available.
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41 Cavanaugh asked Scott Tracy for his opinion with regard to the change order. Mr. Tracy
42 stated the argument can be made that there is a change in conditions on site and a change
�43 order is warranted.
*45 Ranallo instructed the City Manager, City Attorney and representatives from WSB to
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meet with the contractor on Wednesday November 24, 1998 and report to the Council at
4:00 P.M. the same day. Soth indicated the meeting would be closed due to legal issues
3 but must be posted.
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5 Ranallo stated the Council should refer all contacts by news media to the City Attorney.
6 Soth stated he will advise the media that the City is not prepared to discuss the issue until
7 it has been resolved.
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9 The closed session was adjourned at this point and the regular Council meeting was
10 continued.
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12 Respectfully submitted,
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14 Mary Mullen
15 TimeSaver Off Site Secretarial, Inc.
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