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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/11/19940 PUBLIC WORKS COMMITTEE APRIL 11, 1994 PRESENT: PAUL MANN ARTHUR MARTIN TIM CLARK GARY GILL JIM BENNETT MAY MILLER DON WICKSTROM JIM HUNTINGTON ROGER LUBOVICH JEAN PARIETTI ' TOM BRUBAKER STEVE CAPUTO ''' BRENT McFALL MR & MRS RUST Wickstrom submitted an updated memo dated April. 11th, from the City's auditor, and stated that it reflected opme percentage changes on Option 2 and also some changes on Option 3. Wickstrom stated that sometime ago, Rabanco requested a rate increase and after much discussion it was decided that our auditor would review their books. He stated that the results of the,4Udit was in the Committee's packet. He said with respect to thet,;goatract, we were able to determine that there was some justification in January 1993 in implementing a rate incentive program on our 4rbage utility, which we were able to do. Wickstrom said there vae some transfer of the larger container (9,0 gallon toter) going down to the 60 gallon toters. He said that reflected in a 3.26%'chahge; on April 1st there was a cost of living increase automatically as incorporated in the contract. Wickstrom explained that the Option 1 reflects the cost of living increase, plus instituting a rate incentive for recycling. Wickstrom said we b+eliqN* that there is some justification under the existing contract f9t,, 4h increase. He said that results in a total of about 5.86% (on thO.service portion of their rate or 2.91% on the total rate - added for clarity). Wickstrom said that based on how we interpret the, Oinguage, that's what we see the contract allows for. He said howar, the language is somewhat unclear and may leave room for leg 'interpretation from different attorneys. Wickstrom further stated that the Option 2 in the.audit report is a result of our auditor ,going to Rabanco and hooking at what items he thought were justifiable. He said that this, audit did show that there wasn't a profit on the project; they were actually losing money based on their analysis. Wickstr6i said that our auditor looked at the appropriate costs that shoe be, included in calculating the actual costs for service and tbAtls what Option 2 does. He said if the Committee went with Option. -2-, we would want 1 0 to rewrite the contract to clear up any ambiguities in the contract so the situation could not reocecut. Wickstrom explained option 3 am incorporating all the contractor costs that he (the contractor) felt were appropriate and incorporating them into the proposed rate increase. Wickstrom said that Option 2 resulted in a 22% increase in the service portion of the rate which essentially is 11.4% in the total cost. Wickstrom said there are two parts to the contract; a dump fee and a service cost. He said that these costs affect all service related so if 22% is added onto the service cost than over all it really is only an 11.44% increase. Wickstrom said that similarly in option 3, it is really a 39-1/4% increase in the service cost which would relate to a 19-1/2% increase in the overall rate. Wickstrom referred to a table of comparable rates in the packet; some being provided by the contractor and some provided by staff. Wickstrom said we summarized these and tried to compare basic rates excluding any recycling costs, utility tax and toter fee rentals. Mann stated he had some concerns in that a vendor would submit a bid and it would become the low'bid; be accepted by the City and then in a short time (within a few months) ask for an increase. Mann said it appears that the vendor knew that there would be an increase coming up shortly and submitted a low bid intentionally. Mann also stated that he is concerned with the fact that a contract was put together so that it could be interpreted ambiguously and there would be loopholes within' that contract. Wickstrom stated that attorneys interpret contracts in different ways. He said this would be something that the courts would have to determine as to what is right. He said that thim• corresponds to Option 1. Mann said the Committee is encouraged in whatever option we take, to make sure that the new contract doesn't afford any loopholes that are evident in this particular contract. He than said we would be looking at a different contract,,worded differently. Wickstrom said that we could go with. Optioft 1. subject to them taking it to court and subject to our attorneys sustaining our opinion of it. Wickstrom said that with Option 1, they will get an automatic cost of living increase, which is in the contract and the only thing that we could justify, based on ail the information we saw, and how we interpret the contract, is the 3.26% increase attributed to our instituting a recycling incentiu�o rate, which essentially would push their customers down to the small container and would be less profitable. Mann stated that according to Vickstrom's memo of March 28 which references the auditor's report,'.,..."the first option basically follows the contract as we interpret and it should be noted that the contract languages is basically not clear so with this option, comes a high potential for litigation." Mann stated that the auditor points out that the react by the service rate is an honest one and that this was a good audit. He further said that because of the ambiguity in the language, that we are put into a 2 position of accepting Option 2, which is datable for the committee. Lubovich referenced the contract stating that 'basically, this contract was negotiated as the result of the settlement we had a few years ago and all parties agreed to the startn:,Fate. He said there was adjustment to rate in order to have the ia similar rate throughout the city. Lubovich said this contrast allows for adjustments in three or four areas only; one is a change in dump fees and there hasn't been any change in dump fees so'there is no area for adjustment there. He said the second is unusu4al cost such as changes in law; Public Works has determined that the impact of the recycling is such a change that would alloti'for a certain factor to be put into the rate and accordingly has provided a figure for that in that option. He said the third area for adjustment is change in C.P.I. which is also inclu4ied,and is very clear. He said the last item is, a petition may b6 suds to reflect justified increases and operating expenses not asiso4tated with the other changes. Lubovich stated that as he understands it, the audit did not show any significant changes such as that which would justify an increase. As such, based on the intorprota'tion of this contract from the legal department, there are -no significant changes other than those provided in that one option to allow the rate increase. Lubovich stated that whether or not they made a good decision when they entered into this agreement' to begin with and came in with a low figura, is not the issue. He said from the legal department's point of view from this contract, unless there is a justified increase or some other factor that meets one of these four just described, there is no basis in increase. Lubovich said we have identified two of those;".fir.»p.I. and the recycling factor, which we computed. Lubovich said,. thing beyond that, is beyond the contract. Lubovich said 'that their interpretation of the contract is that it covers anything and we do not agree with that. Bennett said that based on what Lubovich said and What he has read, what bothers him is the inconsistency of the information provided to the Committee as decision makers from the staff., Bennett again referred to the letter of March 28th and refer0ced the "high potential for litigation." Lubovich reiterated ,the fact that anytime there is a dispute on a contract, there ,is, 4'potential for litigation. Wickstrom stated he merely pointed ,t at,out so when Committee makes their decision, that is a fact th ;ittee would have to consider. Clark questioned if we change the contract, are We li le to suits from other bidders for services? Wickstrom respond d saying we negotiate the contract and there never was an,. option of bidding involved. Bennett stated that this all began last July an;r,re should be some consideration, no matter who the vendor is, to capture that 7 0 gap in time. Bennett further stated that he felt this is a bigger issue than this committee can discuss so rather than choosing an Option, he suggested recommending this entire packet (all three Options) go to the full Council. Clark recommended making a decision on an Option, however also agreed to Bennett's recommendation of taking the entire packet to the full Council. Committee voted 2-1 that the three options go before the full Council with Clark's ,amendment that Option 2 be recommended. Wickstrom stated that we have been selected to receive a $72,052 grant from the state for which these funds will help pay for our Recycling Coordinator position. He said these funds are good until December of 195 and this Will be the last time we will be getting a grant to offset the cost of that position. Committee unanimously recommended authorizing the execution of the agreement for the receipt of grant funds. Wickstrom stated that this project was contracted with Robison Construction. He said there isi about $50,000 over the contract amount, specifically because we replaced three additional lines for $15,000; two of them were on the infrastructure study; one on Third Ave between Saar & Titus. Wickstrom said by doing this, we saved money because we did not have to do a re -design and we did more of the infrastructure program. Committee unanimously recommended the project be accepted as complete and release of retainage,after receipt of state releases, r_ Wickstrom said that the staters islanning to advertise the project of adding the HOV lanes and esseeiisally carrying on their existing project starting at'84th Avenues (Central Avenue) and continuing down to W. Main Street in Auburn. He said the contract is for 460 working days. Wickstrom said that in that project, they will be redoing bridges at Green River,, Willis, Meeker, James, both railroad bridges and at Central, Avenue, and that this will all result in some lane narrowing on various city streets. He also stated that there will, be detours' in our city streets as well as detours on the interurban trail. He stated that part of the agreement packet enclosed, is the detour plan for that trail. Wickstrom said there will also be some on-ramp closings. He said 4 1P there is significant work involved that Council.is#ould be fully aware of. In response to Bennett's question on th0 , 4*wnside of not signing the agreements, Wickstrom said that under various overpasses some of the streets are on their limit*d access. He said we do want the HOV lanes because this stretch is heavily conjested during peak hour traffic. He said this was that "windfall" money that the state reallocated back to the highways so we need to go for it if we want to see the HQ's lanes on that system. Wickstrom said we have some minor modifications related to time, such as James Street. He said we are overlaying James this year and we won't let them in before we have finisiid the overlay. He said there is also some additional signing we want for detours. Committee unanimously recommended authorizing the signing of the agreement subject to some minor changes and subject to the City Attorney's review and approval. Meeting Adjourned: 5:10 P.M. 5