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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Minutes <br />January 24, 1984 <br /> <br />Page Three <br /> <br />City Engineer gave staff report regarding the Change Order <br />to Contract for Construction of Iron Removal Facilities for <br />City Wells #10 and #11. <br /> <br />I ron Removal <br />Facil ities' <br />Change Order <br />Report #84-16 <br /> <br />Benke asked City Attorney to summarize his letter. City <br />Attorney indicated that the continuing problems of the well <br />contractors caused Barbarrosa to experience some delays <br />that gave legitimate claim to Barbarrosa for compensation <br />and an extension of the contract time period during which <br />they are required to complete the job. However, the City <br />Attorney did have some questions about some of the claims <br />because they were not specifically numerated. <br /> <br />Benke asked, IIIf the counci 1 were to accept staff's recommen- <br />dations, would we be subject to later claims?" <br /> <br />City Attorney indicated that we could be anticipating a <br />problem we may not have (could cost the City $10,000 to <br />go into arbitration). If we arbitrate it, it doesn't <br />mean it won't be questioned later. Not sure if there is <br />an advantage to going to arbitration now. <br /> <br />Chuck Barger, RCM, stated there was quite a bit of evidence <br />to justify this claim and that it certainly would be avail- <br />able to use for any further claim. <br /> <br />Blomquist inquired as to what portion of the costs repre- <br />sented actual payment spent on the project as opposed to <br />money spent because they couldn't work on the project. In <br />other words, were we charged for labor dollars because <br />they couldn't work on this project, when they could have <br />worked on other projects? <br /> <br />Chuck Barger indicated that only the superintendent was <br />paid, and that was included in the overhead. <br /> <br />Motion by Blomquist, seconded by Janecek to authorize <br />execution of Change Order for Iron Removal Facilities <br />Contract in the amount of $90,000 due to construction <br />delays and that the Change Order include all damages <br />caused by the delays. <br /> <br />Benke asked if there should be a new date of completion <br />for the order. <br /> <br />Proper indicated that Well Site #10 will be substantially <br />completed by June 1, 1984 with final completion on June <br />15, 1984 and that Well Site #11 will be substantially <br />completed by July 13, 1984 with final completion on July <br />27, 1984. <br />