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ARDEN HILLS CITY COUNCIL - JANUARY 8, 2001 16 . representatives of the architect, contractor and contractor consultants to review the need for the changes and to review the costs associated with such changes. The costs for all of the items, except the 6ml polyethylene barrier, reflect an agreement on costs and responsibility ofthose costs. Staff recommended Council approve the request for items in Change Order #1 and pay Rochon Corp. in the amount of$12,443.00. Mr. Lynch indicated he was not pleased with this situation because the City had not been notified about construction meetings and this work was started before the City was contacted. He stated he had spoken with the architects, contractor and contractor consultants about this and the City will be added to all meeting notices in the future. He indicated he did not anticipate this to be a regular occurrence and this was a code compliance issue and therefore needed to be done. 2. Payment Request #3 Mr. Lynch stated Payment Request #3 was for work completed through November 30, 2000. There was a retainage of 5% and the total amount year-to-date requested was approximately 12% of the total amount of the contract. Staff recommended Council approve the request for Pay Order #2 and pay Rochon Corp. $169,479.17. . Councilmember Grant asked what the ductwork was, how it was missed and who caught it. Mr. Lynch replied the building inspector caught that it was galvanized ductwork and not PVC ductwork. Staff informed the contractor that City this needed to be Code compliant and would need to be done correctly. Mr. Lynch stated he had a discussion as to who would pay for this. The amount before the Council was the result of that compromise. Councilmember Grant asked who inspected the work other than the building inspector. Mr. Lynch responded he was now at the construction meetings. The architects were not responsible for inspection. He indicated at one time Council had discussed getting a construction manager, but this was never decided upon. Mayor Probst stated Rochon Construction was responsible for the management ofthe project. He applauded staff for the effort they made in catching this. Councilmember Aplikowski also applauded staff for catching this mistake, even though she stated she wished the City did not need to pay this. She requested staff to continue to monitor all contractors closely so mistakes are caught in time to eliminate any future problems. Councilmember Grant also applauded the efforts of staff in finding and negotiating this settlement. He recommended the building inspector keep a close watch on City Hall to catch things up front and make things go smoothly. He inquired if the $169,479.17 included sales tax. Mr. Lynch responded he assumed it does include sales tax. . Councilmember Grant asked if there would be legislation coming up at some point in the future that would return some of the sales tax the City had spent. Mr. Lynch replied ifthe could get the legislation to be retroactive to January 1,2000 there would be a refund, but the League of Minnesota Cities stated they did not believe it would be retroactive to that date.