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04212009CouncilMinutes-Special CITY OF AMMON CITY COUNCIL MINUTES – SPECIAL SESSION TUESDAY, APRIL 21, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA – SPECIAL SESSION TUESDAY, APRIL 21, 2009 – 7:00 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:00 p.m. ACTION ITEMS: 1.Vern Clark Change Order and Possible Termination of Contract (Mayor) 2.Executive Session – Personnel - Idaho Code 67-2345 Subsection 1 (b) MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham (arrives 7:20 p.m.) Councilmember Lee Bean Councilmember D. Ray Ellis Councilmember Randy Waite Councilmember Rex Thompson City Clerk Leslie Folsom City Engineer Lance Bates City Officials Absent: Councilmember Brian Powell City Attorney Scott Hall City Treasurer Jennifer Belfield City Planning Director Ron Folsom Mayor Ard opened the meeting at 7:00 p.m. at the City Office Building located at 2135 South Ammon Road. ACTION ITEMS: 1. Vern Clark Change Order and Possible Termination of Contract: Lance said they still don’t have clear answers and there are math problems. The bid from Pump Tech shows freight and insulation twice on the original bid. The masonry is still a question as to why it has doubled. Gerald Bragg from Harper Leavitt thinks we should say the contract is null and void. Lance stated he is comfortable with $238,767.74. Councilmember Bean asked what is causing the change order. Lance said it’s an increase in the motor and shaft to pump more water and the second is Rockwell having architectural control and wanting the tower. Lance stated that he wasn’t aware of Rockwell until after the bid. Councilmember Bean asked if we cancel the contract, what we would do. Councilmember Ellis said with the grant we have to pay Davis Bacon act but if we contract to subcontractors and they don’t have any employees then Davis Bacon doesn’t apply. Councilmember Bean asked to see what we are changing. Lance showed the old price and the new price with upgrades. The masonry, concrete, rebar, roofing, and doors are all doubling. The carpentry and insulation are tripling. The pumps go from $76.132 to $181,736. The original square footage is 702 and the new is 1118, which is an increase of 416 feet. Lance said the size of the footprint increased. Councilmember Ellis said there is a net increase of 77 blocks. Lance stated the pump is pretty close to what we have paid on Well 11. Mayor Ard asked what they have sent concerning the verification. Lance said the mason J. W. Masonry has not been responsive. Lance would like to write Vern Clark and ask for justification and make them prove up on the numbers. Councilmember Bean asked if we rebid, can we get it for less than this. Lance stated he doesn’t feel that much less. The dollar amount might be less but the time delay will cost us more in soft costs that will be expensive, which are, Woodland Hills park will not have water and all the trees will have to be hand watered, as well as, bad will. Councilmember Ellis said the building is costing us 4-21-09 Council Minutes – Special Session Page 1 of 2 $167,000 and he feels we could build it for $100,000. Councilmember Kirkham asked if time wise, we would be in trouble. The Council got Scott on the phone and asked Scott if the City can cancel the contract and we act as our own general contractor, can we negotiate for each individual line item or do we need to bid it as a whole. Scott said the courts have ruled we can’t split up a project and interprets it as an attempt to avoid the bid statute. In order to terminate the contract, you have to be real cautious and the City may get challenged. Mayor Ard asked for clarification on the pricing. Councilmember Ellis said we are stuck with this building since the footprint is in. Gerald said the trusses were made for the redesign. Lance said the tower is timber framed with cultured stone on the outside to a certain level then stucco with windows. Gerald said masonry is used inside a well house because of the moisture. Councilmember Kirkham asked what’s wrong with Councilmember Ellis going back to Rockwell and asking them to consider a block building without the tower and possibly saving $35,000. Councilmember Bean said if they won’t, then the City is stuck. Councilmember Ellis said he will check with Rockwell’s tomorrow. Mayor Ard said for Lance to assist Councilmember Ellis. Councilmember Kirkham motioned to table the Vern Clark Change Order and Possible Termination of Contract until the Council has more information. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Abstained, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed. 2. Executive Session – Personnel - Idaho Code 67-2345 Subsection 1 (b): Councilmember Ellis motioned to go into executive session pursuant to provision of Idaho Code 67-2345, subsection 1 (b). Councilmember Thompson seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting adjourned at 7:35 p.m. ________________________________________ C. Bruce Ard, Mayor __________________________________ Leslie Folsom, City Clerk 4-21-09 Council Minutes – Special Session Page 2 of 2