1994 ADJ & SPEC MIN AUG 18 - Laserfiche WebLink

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^ Council can indeed be held personally responsible for acting fiscally irresponsible, contrary to the legal advice of the City Attorney. *Councilmember Sandoval entered the Chambers at 4:45 p.m. Councilmember Bennett continued to voice her concerns questioning the selection process on contractors, the plan check process, the fact that no building permits had yet been issued and asked why the process was being done backwards. Messrs. Steward and McDonald responded that they are in plan check presently in the correction phase and the permits will follow as soon as the corrections to plans are accepted by the City. The City's bidding procedures and standards were followed to the letter of the law. The City's Purchasing Department and the Human Services & Recreation Department participated in the the bid opening for the pool. The recruitment for professional services process was by Request for Proposals. Discussion followed on the inclusion of the City as a party on the contract. Attorney Biggs requested that the City be deleted inasmuch as the City already has a contract with Steward and it is Steward who is entering into the contract with SMI. Mr. Steward explained that the City as the owner changed the financing venue from private funding, i.e., certificates of participation to public funding by the RDA. Also, part of the funding is coming through the County. The involvement of the County places a condition to meet Federal standards for subcontractors. The fact that the City, as the owner, wanted to review the billing invoices submitted and authorize payment, makes it necessary for the City to be a part of the contract agreement. The City is acting in the capacity of owner and the architect and contractor are implementing the contract. City Attorney Biggs agreed that City did want to be in control of reviewing the billing invoices and therefore the City should remain on the contract. The rates in the contract are those of the prevailing wages, it is not a construction cost breakdown. Construction costs are to fall within the established contract with Mr. Steward. Should the overruns be more than what Steward is able to cover, the City may have to step and complete the project. Councilmember Beltran stated there is a contingency reserve in the contract for overruns; beyond that, the only way to exceed the contingency is if the City approves major structural changes. Should this happen, the City would be taking it upon itself to pay for these overruns. Councilmember Bennett again stated her concerns inasmuch as the 2 AUG 18 1994