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. ARDEN HILLS CITY COUNCIL - August 15, 2000 3 subcontractors, Mr. Dew stated that, should the City award the full contract, with conditions for partial work, - therc was limited liability to Rochon, or their subcontractors, as all contracts with subcontractors would contain the same verbiage in a flow-through clause, Mr. Dew assured the City that, according to bid procedure and the way the contract documents are written, the City still maintained control in the amount of work the contractor would be authorized to proceed with. Mayor Probst asked for City Attorney Filla's opinion on public bidding laws and the City's responsibility regarding awarding of the full contract, and the inability to modify the contract without a rebid process, . City Attorney Filla clarified that the City could not issue a partial contract, Mr. Filla reviewed several of the contract's terms; specifically the ramifications ifthe City were not able to acquire title to the property after part of contract is partially started and that the contract stated that either party can terminate contract for cause, Mr. Filla stated that the contract speaks in terms of damages to parties; with arbitration binding after contract issue; and that the City would only be liable for the work done to-date, and would not need to proceed further. Mr. Filla stated that there was limited liability to the City, and ifthc contract were terminated, it would need to be detcrnlined what loss/profit there would be, and the contractor would need to be reimbursed for costs to-date, Mr. Filla referenced the July 21, 2000 letter from Rochon Corporation, addressing their company's exposure and the City's risk to approximately $330,000, Mr. Filla stated that the City's options were either to award the contract before the contract award expiration, or rebid the project oncc Fee Title to tlle property is obtained. Councilmember Larson concurred with Mr. Filla's comments, stating the small risk to the City was not a great concern, as there was minimal risk that the property conveyance would not happen, Councilmember Larson emphasized that the legislation had officially authorized transfer of the property, Councilmember Larson stated that he fully supported award of the contract, that it was time for the City to take the step, that it was a great design, a symbol of our City and its government, and a facility that the citizens and staff could be proud of. Mayor Probst again addressed the minimal risk to the City, stating that the City's environmental consultant had held up the process due to discussions with the Minnesota Pollution Control Agency (MPCA); and that the DoA was making every attempt to process the paperwork in a timely way, Councilmember Aplikowski stated that she continued to have reservations without the actual Fee Title, but concurred that, at this point, there was minimal risk to the City and she was willing to support the project going forward, Councilmember Aplikowski did express concerns about the additional costs projected due to winter construction, Councilmember Grant stated that he concurred Witll Councilmember Rem's comments, and continued to have concerns about the language in tlle Right of Entry document, and questioned .