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2004-11-29 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 29, 2004, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Charles Viktorin. Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Young LorPing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Nick Finan; City Engineer Doug Kneupper; Parks & Recreation Director Rhonda Cyrus; and Project Director Joe Wertz. PURPOSE OF THE MEETING: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session under Texas Government Code at 6:09 p.m. to discuss the following: 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. Council returned from Executive Session at 8.00 p.m. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2004-196 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 ASSOCIATED WITH THE CORRIGAN DITCH BY-PASS CHANNEL. Page 1 of 5 —11 /29/2004 Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-196. City Manager Bill Eisen stated this is a change order to a by-pass channel within the new Corrigan Ditch. Changes in quantity associated with the project are being requested. Councilmember Marcott stated he has a concern regarding the missed 4700 cubic yards of concrete. Jim Keller of Turner, Collie and Braden stated the work completed by the various design consultants is reviewed. He gave a brief explanation regarding the additional requirements of Brazoria County Drainage District No. 4 for the extension of the cylinder concrete net. The design consultant made two areas within the plans. This mistake was made because of the three-dimensional shape. It appears that the design consultant made some calculation errors. Councilmember Owens stated it seems by the documentation within the project that there may be more to come in the future. A brief discussion ensued among Council and Mr. Keller regarding the change order Mr. Keller stated this change order includes the total quantity completed; there will be no other additional requests. Additional discussion ensued among Council and Mr. Keller regarding the engineers who completed the work on the project. Mr. Keller stated if the numbers were correct from start in the contract, then the cost still would be the same. The City is not paying a penalty. The City is paying for the work that was installed. Councilmember Marcott stated the City hires Turner, Collie and Braden to look over these things as project managers. Mr. Keller stated they look over the work and tell the contractors what they expect. We usually receive computer printouts that are checked as best as possible. We do not have the input that was placed in the computer. Councilmember Cole asked for clarification on when the miscalculations were discovered. Mr. Keller stated Turner, Collie and Braden have been discussing the issues with Staff Page 2 of 5 —11 /29/2004 for approximately two months. When the error was brought forward, everything was almost completely constructed and the contractors submitted a periodic estimate for a significant over -run. This estimate was rejected and only the contract amount was paid. Councilmember Marcott asked for the cost associated with Turner, Collie and Braden having to go back and check the contractor's work. Mr. Keller stated this has been done within the framework of the construction administration contract. More effort was spent than what was budgeted. Councilmember Marcott asked if the contractor's error was found by checking the printout would it have cost less. Mr. Keller stated it would not cost less if the error was found within the printout because the design computations would have had to be redone. Councilmember Cole asked for the contingency clarification within the contract. Mr. Keller stated there is no contingency within the contract. By law, the amount cannot exceed over $25,000 of the contracted amount. If there is an expenditure greater than that amount, then it has to be approved by Council. Councilmember Cole stated this is the problem he has with the current request. Everything is already constructed, which forces Council to approve the expenditure. Mr. Keller stated as soon as they were aware that there was a problem, they discussed it with City Staff. Councilmember Marcott asked for the time period the additional concrete was poured. Mr. Keller stated the last of it was installed approximately five weeks ago. Councilmember Marcott asked if the contractors alerted Turner, Collie and Braden when they ran over. Mr. Keller stated they were not aware of the over -run until two estimates ago when the quantity over -run was present. He stated this is when he questioned it. A discussion took place on whether or not it was a justified over -run. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. Page 3 of 5 —11 /29/2004 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-197 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE CORRIGAN DETENTION POND. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-197. City Manager Bill Eisen stated this is part of phase two of South Corrigan Drainage Project. It involves some work being conducted on the detention pond. This is a reduction in cost primarily associated with some modifications to the pump station design. Councilmember Marcott asked if this was the job that was held back due to some concerns. City Attorney Darrin Coker stated this is the job that was held back initially due to some concerns regarding negotiations that took place upfront. This is a change that took place after the contract was awarded. This is a different recommendation than the one originally recommended. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS City Council. No Council action taken. COUNCIL ACTION — REGARDING PENDING LITIGATION — ZONING. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 8:14 p.m. Page 4 of 5 — 11/29/2004 Minutes approved as submitted and/or corrected this the 13th day of December , A.D., 2004. o�me id Mayor ATTEST: Page 5 of 5 —11 /29/2004