HomeMy WebLinkAbout09-28-1992RECORD OF OFFICIAL, PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 28, 1992
Coundilmember Pro-Tem Hunziker called the meeting'to'order.at 2:41
P.M., members present: Councilmember'Pr6=Tem,,Huh2iker,-Councilmembers
Crawford, McConnell and Petersson. Absent: President Selby,Council-
members Canfield and Senjem.
Crawford moved, Petersson second to adopt Resolution'No.555A-92
awarding the.low bid $144,825 on general construction. The low
bid of $7,095 was low for the asbestos abatement by Danewick-Poule
Inc. Wishing to be heard was Al Hiniker of TSP, Arch. for the Art
Center Project. He detailed repairs needed on the Art Center Bldg,
including the HvAC improvements which are in violation of
present codes at this time. It was not known that the HVAC
-system was in violation and bid for these improvements alone
came in at $44,000. He suggested going back through the plan
and trying to cut back to lower the amount with no cost to the
City. Gary Neumann noted that the Council could hold off and
rebid next spring, but the HVAC improvements will still be
needed and the amount could be the same at that time. Mary
Petersson questioned why only one bid came in and wondered if
more bids came in, if there would be any more of a savings.
Al Hiniker answered that he talked to three mechanical
bidders; one felt that they were not competitive and the other
two had other commitments. Gary Neumann talked to CIGNA, the
insurance carrier for the Art Center, and they are comfortable
with the repair costs but.have a problem with the HVAC costs.
Gary had noted in the RCA that the bid should be rejected to
see if CIGNA can directly enter into a contract with Benike to
do the repairs this fall. This is not an option after
speaking with CIGNA. If the bid is rejected, a system less
than code would have to be put in or the same system with a
lower price. John Hunziker asked what effect this would have
on scheduling at the Art Center. B.J. Shigaki, Director of
the Art Center, answered that an artist has already been
rescheduled thus far and doesn't feel that she can reschedule
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA ���
Adjourned Meetinq No. 11 - September 28, 1992
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E-1 a second time. B.J. feels that this artist could potentially
sue the Art Center for breaking the contract. Jean McConnell
inquired as to how much money is coming from the City and how
much from the Art Center's insurance carrier. Gary Neumann
answered that the insurance company will be paying
approximately $89,000 and the City, out of the C.I.P. budget,
will be paying $46,500. This leaves an additional $22,000
needed. Stevan Kvenvold noted that this amount could be taken
out of the future construction account if the Council finds
there are advantages .to doing it at this time. Ruth Crawford
inquired on Gary Neumann's statement on doing work at less
than code requ re at.. A representative of the Art Board
answered that the code has to be met. The only alternative
would. be to look at a less expensive alternative to meeting
the code. Gary Neumann noted that the only two options are to
accept the bid at this time or rebid next spring. Ruth
Crawford inquired as to when construction would begin. Al
Hiniker answered this fall. Jean McConnell noted that he is
uncomfortable with awarding the bid because: 1) there was
only one bid and 2) the tremendous overage of the bid.
McConnell moved to reject the bid. There was no second on
Jean McConnell's bid. Discussion continued with Ruth Crawford
inquiring on how an artist can sue for rescheduling. B.J.
Shigaki explained that a contract is written with the artist
which includes the date, the responsibilities of the Art
Center and the artist's responsibilities. If the contract is
broken, there is a potential for being sued. Stevan Kvenvold
noted that his first inclination was that the work was too
expensive. He now feels that the damages have been there for
too long and feels that the bid should be awarded and the work
completed. Jean McConnell inquired as to whether or not it is
legal or possible to try and negotiate the bid. Terry Adkins,
City Attorney, answered in the negative. The bid has to be
awarded as it was bid with no negotiations. John Hunziker
feels the bid should be awarded and the work completed.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
3ggZ3 Adjourned CITY OF ROCHESTER, MINNESOTA
Meeting No. 11 - September 28, 1992
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Having no further d,i'scussion, the motion was voted on at this time.
The motion included additional monies of $22,OOO coming from the
future construction account. Ayes (3), Nays (1). McConnell voting
nay. Motion carried.
Having no further business, Petersson moved, Crawford second to
adjourn the meeting. Ayes (4), Nays (0).Motion carried.
City Clerk
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