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HomeMy WebLinkAbout09-28-1992RECORD OF OFFICIAL, PROCEEDINGS OF THE COMMON COUNCIL Fr- 3992;- Agenda Item A-1 E-1 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 Agenda Item 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. 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3ggZ3 Adjourned CITY OF ROCHESTER, MINNESOTA Meeting No. 11 - September 28, 1992 Agenda Item E-1 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 1 J