SPECIAL TOWN BOARD MEETING  (July 5, 2006)

 

The meeting was held July 5, 2006, 7:00 PM at the Phillippo Scout Reservation, 30654 32nd Ave. Way, Cannon Falls, MN

 

Chairman Bob Benson called the meeting to order at 7:00 PM.

Vice Chair Joyce Moorhouse was present along with Supervisor Dave Garner, and clerk Betts Top.

 

The meeting was posted at the Old Town Hall on June 30, 2006

The meeting was posted via email and 4 residents of the township were advised on June 30, 2006.

 

Meeting Purpose:

 

  1. Discussion of Town Hall

 

VanGuilders came forward to speak with the board.

 

Steve VanGuilder passed out a series of changes and adjustments sheets to the board.

 

Dave asked Bob if he talked to Tom Scott, and didn’t we have a binding contract with VanGuilder construction. 

 

Bob said he told him yes and no. They (contractors) all got the information, and it was emailed out.  VanGuilders were the lowest builders, there was a mistake made on his part, but felt that we should work with VanGuilder. 

 

Dave said the 3 board members had to look out for the best interest of the township. 

 

Bob said the attorney said we could rebid if we wanted to, but we don’t have to.  He also asked him if we could put in different lighting than what was on the plans and he (Tom Scott) said definitely. 

 

Steve said he originally bid on the preliminary plans at $157,000.  With the deductions we agreed on he came down to $147,000.

 

Dave brought up the core fill and the fact that with J Hooks it has to be filled to the bottom per code. 

 

Steve said OK.  He said what he was showing was basically what the building can be built for.  From the new bid price we start deducting the hardwood cove cover, and using different electric fixtures, it would be about $6,600 less.  Regarding windows we could use Anderson and that would be less than we agreed on previously.

Dave felt we were getting less of a building. 

 

Steve said this was his bottom dollar with his offer tonight.

 

Dave said the new decreases should come off the $147,000

 

Bob pointed out that with the increased amount given from VanGuilder the deductions offered tonight were still in the $147,000 price range.  He didn’t feel using Anderson windows would give us less of a building.

 

Joyce asked about the lifetime value of Pella, Anderson, and Marvin windows.

 

Steve said he had used all of the window types in his past construction and they all can fail at one time or another.  But that Anderson had been the best in dealing with their warrantees.  He added that Anderson has started using a new type glass last year which is 80% more efficient. 

 

Joyce asked what Anderson’s warrantee was.

 

Steve said 20 years.

 

It was noted that with using Anderson windows the bid would be $146,281.00.

 

Dave said he didn’t understand how we could put in a less expensive window and not have the original bid lowered.

 

Joyce stated that just because the specs called for Marvin windows didn’t mean we had to use them.

 

Bob stated that the meeting was set up to work together so that the building of the town hall could move forward.

 

Dave said he objected to the 12 or 13 thousand dollar increase even if the final price was brought down to 145,000.  He felt we shouldn’t do that.

 

Bob stated that many of the accessories can be cut or adjusted.

 

Joyce said we could start over if needed.  She wanted to go through VanGuilders items one by one and then make a decision.

 

Steve said the changes should be brought up to the architect and building inspector also.  

 

Joyce said the building inspector would know the state codes.

 

Discussion ensued regarding the core fill, the 2 inch foam vs. the 4 inch foam under the slab,  aluminum soffits and steel siding, the bank letter of credit, hardwood cove cover, and electrical fixture changes. 

 

Steve explained that he would be using another brand name for the fixtures.  He did not have the exact name of the brand, but that his electrician, whom he had been using for many years, had been very competent with his work and material used.  He suggested talking with his electrician. 

 

Joyce asked if the board would have any problem in talking with the electrician.

 

Dave said he would like to ask the electrician questions.  He wanted to verify that the fixtures could be changed but not the function of the fixtures.  That the recessed lights would still be recessed.

 

Steve said correct.

 

Dave said we could leave this as an open item until we speak with the electrician. 

 

Acoustics were discussed, and decided to leave as it was on the plans.

 

It was decided that Anderson windows would be acceptable.

 

Joyce asked that Steve go back and check on the acoustical panels on the east gable, is there any way that figure can be reduced?

 

Bob added or is there another product. When would we like to meet with the electrician?  We could recess the meeting and meet then. 

 

Steve asked if he should call the electrician.

 

Joyce said yes, and lets just continue the meeting.

 

Steve called his electrician and it was decided the electrician could come on Monday, July 10th to speak with the board.

 

Dave reiterated that all changes had to meet the building codes.  He wanted someone to verify all the changes. 

 

Steve said he could try to contact the building inspector for the county.  He could call him and see if he was available to talk with him about the changes. If the changes were not structural the building permit probably would not be affected.  Other than the masonry changes which would be sent to the county.  He added that the architect may have to sign off the prints again.

 

Bob brought up air conditioning for the building, saying what’s going to happen with the clerk being there 2 days a week.

 

Steve gave copies of all the quotes from his subcontractors for the clerk to hold.  He noted the air exchanger was less by 102 dollars.  But if air conditioning was added later it would be an additional $7,600 at a later date.  It would be cheaper to do the air conditioning now. 

 

Dave said we didn’t need to air condition the whole building for only 6 meetings a year.

 

Joyce suggested putting in a window air conditioner, or asking businesses or people of our township if they would like to contribute to the air conditioner, then put a plaque on the wall stating these people contributed the air conditioning.

 

Joyce made a motion to recess the meeting until Monday July10, 2006 at 7:00 PM at the Phillippo Scout Camp.

Bob seconded the motion

Motion passed 3-0

 

Meeting recessed at 8:34 PM

 

Meeting reconvened on July 10, 2006 at 7:00 PM at the Phillippo Scout Camp

 

Board Chairman Bob Benson was present along with Vice-chair Joyce Moorhouse, Supervisor Dave Garner and Clerk Betts Top.

 

Bob called the meeting to order from recess at 7:00 PM

 

Dave brought attention to two emails that the clerk had received and printed off for the board.  He wanted the correspondence on record from the attorneys. The emails should be entered into the official record.  He read:

 

“From Tom Scott, Township Attorney,  Dated July 6, 2006.” 

 

“ In sum that it appeared that the contractor got appropriate notice of the
amendment to the plans and that he was obligated to perform, but that
the Town cannot force him to perform. Our remedy would be to award the
contract to the next bidder and go to court to try to collect the
difference between the two bids, which is impractical and expensive.
Assuming the contractor was not going to do the work for the amount he
bid, then the town could award to the second highest bidder, reject all
bids and rebid the project or, although not the cleanest way to do it,
negotiate a change order with the low bidder.”

 

Another email dated today, 7/10/06 from Tom Scott:

 

“Elizabeth, as per my e-mail of last Thursday relating to my conversation
with Bob Benson, the cleanest way to do it is to either award to second
lowest bidder or throw out all bids and rebid the project.  The contract
does need to be awarded for the amount bid.  We can at the same time
consider a change order to the amount bid that would either modify the
work to be done and/ or the amount paid.  This last approach, as I
indicated to Bob, is messy and potentially subject to legal challenge by
another bidder.  AS to the contractors inquiry just advise him as to
when the matter will be discussed and leave it at that. “

 

One other email from our MAT attorney, Dan Greensweig, dated June 30, 2006:

 

“ As to the substance, if people haven't been bidding off the same documents, you run some fairly serious risks of trying to award the bids.  Under the best case, your bid documents specifically say something like, "the town reserves the right to reject any and all bids."  Even if they don't, you can probably do so, but you have to be a little more careful.
 
Assuming that the low bidder hasn't started moving forward based on the vote to award, and based on what you're telling me, it's probably best to rebid the project on the basis that the original documents were flawed.  If this is a large project, though, and you think you might get sued if you go this way, you should walk through the whole process with your town attorney and get his or her advice.  If the low bidder has started taking action, hiring subcontractors for example, the town could find itself on the hook for at least a portion of that cost.
 
For what it's worth, your architect shouldn't be making plan changes after publication.  If the town incurs additional costs because of this, I'd recommend a discussion about whether the architect should pick those up.
 
Let me know if there's anything else I can do.”
 
Dan Greensweig

------------------------

 

Dave made a motion to put the 3 emails from attorneys into the minutes.

Joyce seconded the motion

Motion passed 3-0

 

Dave continued saying at this time, going by what our attorney said, he felt we should reject any and all bids or award the bid to the second bidder. 

 

Bob stated bids have come in and we have had changes and deductions. If the architect agrees with these changes and everyone has the right plans to go off of, the changes such as lights, windows, and doors should be all listed.  Also, on the new plans there should be a line of credit or the Bond issue.

 

Dave thought we should reject all bids and resubmit the bids with the new, changed, revised plans. 

 

Joyce and Bob agreed.

 

Dave made a motion to reject all bids due lack of clarity and revising the plans

Joyce seconded the motion

Motion passed 3-0

 

 

Dave made a motion to rebid the Town Hall plans with the changes submitted to our architect. 

Bob seconded the motion.

 

Discussion ensued regarding sending the plans to the architect for being changed and signed off or other options such as using the current plans with the change order attached to it. 

 

Motion passed 3-0

 


Dave said now we go out for rebids.

 

Bob asked VanGuilder’s electrician, Joe Benda, to show information about the Town Hall lighting. 

 

Joe came forward with his information and presented it to the board.

Discussion ensued about light fixtures in the meeting room, utility room, restroom, strip lights around the valance, exit light, emergency light, outside light in peak of each end of the building with a sensor or a switch with a sensor on it, yellow light in the front entrance to not attract bugs.

 

Dave asked if these were all commercial grade.

 

Joe said there was not a commercial code for light fixtures.  The ones he has shown the board are used in commercial buildings.  The meeting room fixtures the architect might have a problem with.  The architect had pendant hung up and down light, that is where most of the expense is. 

 

Dave said we needed the light to be hung down lower, and pendants do that. 

 

Joe said an estimate might be around $1,500 to put in the pendant lights including labor.

 

Faxes from the Architect with changes listed were viewed and discussed by the board.

 

Item 1. “Removal of foundation reinforcement and corefill. 

Architect did not approve any change. 

Board members agreed to go with what the architect recommended on Item 1.

 

Item 2. Removal of 1 course of 12” CMU

Board agreed.

 

Item 3. 2” rigid insulation instead of 4” under floor slab.

Board accepted changes to insulation around perimeter on vertical surface add to 2 “, horizontal, underneath the slab, reduce from 4” to 2”.

 

Item 4. Steel siding and aluminum soffits.

Agreed to keep.

 

Item 5. Aluminum Storefront type entrance doors

Storefront doors tend to be a lot of glass.  Board agreed didn’t need all glass on outside doors.  Stanley steel door, or similar was agreed to by board. Get a Stanley and Taylor catalog.

Item open for decision.

 

Item 6. Melamine finish on cabinet interior

Board agreed.

 

Item 7. Bank Letter of Credit instead of Performance Bond. If acceptable to township.

Dave said he would like an opinion on this from our MAT attorney.

Item open until hear from attorney.

 

Item 8. Gyp. Bd. instead of hardwood on light cove faces.

Board agreed.

 

Item 9. Alternate lighting package.

Board agreed.

 

Item 10. Anderson windows instead of Marvin

Board agreed.

 

Item 11. Eliminate 1 scissor truss and 1 common truss

Board agreed.

 

Dave made a motion to have architect draw up new plans with changes.

Joyce seconded the motion.

Motion passed 3-0

 

Joyce made a motion to have the Clerk notify all the contractors the we have rejected all bids and that we will advise them when new plans come out.

Bob seconded the motion

Motion passed 3-0

 

Betts asked if we could ask the architect to include a bid sheet, or proposal form.

 

Bob said we also had to get a hold of books for Taylor and Stanley doors.

 

John Top, from the audience, asked if there would be a standard proposal sheet with each set of plans so that every contractor that bids will have the same proposal sheet to turn in.

 

Dave said correct.

 

Joyce said she felt the architect should provide those.

 

Dave and Bob said we could make the sheets up themselves.

 

Bob said he would contact the architect.

 

Dave suggested that we incorporate the Town Hall new bid into the next regular meeting and to have the clerk add it to the agenda. 

 

Betts said she would add it to the Board Meeting Agenda.

 

Bob made a motion to adjourn

Joyce seconded the motion

Motion passed 3-0

 

Special Meeting adjourned at 8:11 PM.