City Council Minutes 2018 06 19 - Laserfiche WebLink

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City Council Meeting Minutes June 19, 2018 Page 4 of 9 Public Comments — None. Councilmember Stolzmann stated employees have reported they don't appreciate it when people don't meet the rules or aren't held accountable. It is the responsibility of the Council to be judicious and not always make exceptions to the rules. She noted the bid process for this contract was done completely and that with these additional costs, the total cost takes the price higher than the next lowest bidder; so if we approve this it is not fair to the next bidder. She stated the contract specifically lays out how change orders would be handled and those were to be documented in writing before payment was promised. That did not happen. She stated she doesn't support this request. Mayor Pro Tem Lipton commented that he is concerned about the process. The design team has done a great job but this is an anomaly that he is concerned about. We should have stronger controls in place and he would like to see that improved for future projects. He stated he is amenable to additional compensation but perhaps less than requested. The cumulative effect of all of the changes is large and they should have been handled at the time they occurred. Councilmember Leh agreed with Mayor Pro Tem Lipton. He stated he was also concerned about the magnitude of the changes. He stated there is fault on both sides. He suggested paying 2/3 of the requested costs but not all of it. Councilmember Loo stated she too read the contract, but she thinks this is an anomaly; there is fault on both sides. She stated when you look at total scope of project and the total work that has been done, she could make an exception this time. She would be in favor of paying the entire amount with a promise no one will come back later for more. She stated she did feel blindsided by the request. Mayor Pro Tem Lipton asked Kastelic if this is approved does he anticipate corning back to ask for additional funds. Kastelic stated he doesn't foresee it happening again. Mayor Muckle agreed with Councilmember Loo regarding full payment. He stated the work has been really good and their ability to keep the project going has been important. He agreed we need to have good controls to avoid this again. Councilmember Stolzmann pointed to the contract saying section 4.3.2 of the contract speaks to avoiding delays in construction and proceeding with work to keep the project on track; this is addressed in the contract and was not followed so she is not sympathetic to that argument. She stated she feels Councilmembers are being arbitrary by not following the contract. She stated someone should report on how much money is being spent outside of the a guaranteed maximum price because Council is trying to be nice. She would like to show people the lowest bid the City accepted is now not the lowest and we are spending more. She stated many of the items for payment that people are calling extraordinary are really routine items and should not cost .us more. She stated she is very frustrated with this.