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Regular City Council Meeting <br /> Monday, December 12, 2011 <br /> Page 25 <br /> bidders at a significant savings. While expressing her support of the building <br /> plan, Councilmember McGehee requested consideration of such action to seek <br /> further savings. <br /> Councilmember Pust questioned if the contracts would come back before the City <br /> Council for their review; with Chief O'Neill advising that based on timing con- <br /> cerns,that was not intended; but that they would be working directly with the City <br /> Attorney with a standard service contract. <br /> Councilmember Pust sought assurance that, if there was any future parting of the <br /> ways, the contract provided for conflict resolution, as well as provisions related to <br /> earlier bond issue actions. Councilmember Pust further questioned how cost over- <br /> runs and/or change orders would be addressed or whether they would have a max- <br /> imum cap on them. To that extent, Councilmember Pust questioned the level of <br /> detail negotiated into a standard construction contract. <br /> Chief O'Neill advised that, for Phase II, the contract had yet to be drafted and the <br /> City Attorney would be consulted to address those specific questions brought <br /> forward by Councilmember Pust, as well as any other considerations. Chief <br /> O'Neill advised that current cost projections don't anticipate any change orders, <br /> however, those contingencies were built into the budget; and advised that the pur- <br /> pose of having a professional Construction Manager on the team was to ensure <br /> the project remained at or under budget. <br /> Councilmember Pust questioned the rationale in not providing the City Council a <br /> look at the contracts prior to them being signed; noting that the City's legal posi- <br /> tion had gotten more complicated with the recent bond issue and related litigation. <br /> Chief O'Neill advised that the concern was in the scheduling for the next City <br /> Council meeting in early 2012, while attempting to meet design phase and future <br /> bidding timelines. <br /> City Manager Malinen noted that addendums would be added to the standard con- <br /> tract to address those areas brought forward by Councilmember Pust, in addition <br /> to the liability insurance variable; and would be include in the Scope of Services <br /> as an addendum to standard contract language. <br /> Councilmember Pust opined that she would be more comfortable with a motion <br /> authorizing negotiations, with final contract review and approval by the City <br /> Council. <br /> City Attorney Gaughan suggested the motion do that, authorizing staff to negoti- <br /> ate the contract and include formal City Council approval on the January 9, 2012 <br /> Consent Agenda. <br /> Chief O'Neill, after consultation with the design team on the bidding schedule, <br /> advised that without approval to proceed as recommended in the RCA tonight, the <br /> project process would lose four(4) weeks. <br />