SPECIAL COUNCIL MEETING, WEDNESDAY, NOVEMBER 5, 2008, 6:00 P M

 

 

1. CALL TO ORDER: Mayor Robin S. Border called the Special Council Meeting of the City of Hilshire Village to order at 6:00 P.M. at 8301 Westview, Houston, Texas 77055.

 

1.1 Present were Mayor Robin Border, Council Members Cheryl Wolfe, John Denninger, Shannon Whiting, Zandra Anderson and Mayor Pro Tem Connie Castro. Also present were Efrain Him, P.E., Harry Walker and Chris Claunch all of Claunch & Miller, Inc., (CMI) Engineering Firm for the City.

 

2. CITIZENS COMMENTS/PUBLIC FORUM): NONE

 

3. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION ON):

 

3.1 A motion was made by Council Member Whiting to authorize additional Engineering and Construction Observation Fees associated with the Ridgeley Drive Projects in the amount of $68,318.00, seconded by Mayor Pro Tem Castro.

 

Mayor Border stated that on two different occasions Claunch and Miller came to him and wanted to put the request for additional funds on the agenda and he asked them not to make the request because of the full agenda Council already had with the budget and tax increase and then Hurricane Ike. Mayor Border also stated he had always looked at the Engineering contract as a set price.

 

Harry Walker addressed Council by thanking them for allowing the special meeting and for their consideration. He stated that the contract was not a fixed rate. He also stated that the paving and culvert construction was taking a lot longer than originally planned. The construction was scheduled originally to be completed in nine (9) months and the construction administration and observation was tied to the actual time it would take for construction. Harry Walker also stated that since the contract had to be rebid there were three contractors to supervise instead of one. With three contractors you have three (3) sets of meetings, three (3) contractors to watch and supervise and three sets of accounting to perform. Harry stated that they had no control over how long it would take the Contractors to perform their job nor did they have control over the Hurricane. He stated that rebidding the job was successful for the City. However, it increased Claunch and Miller’s cost considerably. Harry Walker stated that they would not be able to continue to service the job because the job is out of money.

 

Council Member Whiting stated that she wished they had brought up the request sooner. Harry Walker told her it was a business decision not to and that was a mistake. Council Member Whiting agreed that the City owes money for the Urban Forester and she felt the survey should be split between the two contractors.

 

Council Member Denninger thought the contract was a fixed quote and the City had not planned on spending any more money and he did not think the contract was not a fixed quote. He stated that City did not guarantee Claunch and Miller that they would make money on the contract. Harry Walker stated that the contract was not a lump sum contract for every item and that Claunch & Miller would not proceed without further authorization from Council. Chris Claunch stated that there was a change in scope and that is one reason they were asking for more money. Council Member Denninger asked why the different contractors did not start at the same time. Harry stated that they could not have the contractors falling all over each other.

 

Council Member Anderson stated that she understood that three (3) contractors would take more time to supervise but she wanted to know what was taking AAA Contractors so long to complete the job. She wanted to know if it was because they had no experience in residential ravines, just in commercial ravines. Council Member Anderson wanted to know who was at fault; engineering or construction on the drainage problems with the culverts. Efrain Him stated that it was a construction problem and it was being corrected. Council Member Anderson also stated that the statement that the contract came in under budget was incorrect. It actually came in over budget from the original numbers given to council. She also stated that Claunch and Miller should have made sure the City understood that their contract was not a fixed contract and that there might be extras. Harry Walker stated that he should have realized that Hilshire Village Council was not used to dealing with construction jobs and that is why Council assumed the contract was a fixed rate.

 

Council Member Wolfe asked when the cost occurred that they were asking for reimbursement. Harry Walker stated “in August 2008”. Council Member Wolfe stated that Claunch and Miller were asking for a 50% increase and that 9 months to 14 months should not be a 50% increase. She also stated that Claunch and Miller had said the job would take 9 to 11 months and that the extra cost should not start until after that 11 months.

 

Mayor Pro Tem Castro stated that she agreed we should pay for the Urban Forester, and the survey should be paid for by the Contractors not the City and she did understand that the construction observation was based on 9 months and that the City should pay for extra observation charges.

 

Council Member Denninger asked if Claunch and Miller had already expended the $63,000.00 they were asking for. Harry Walker stated “yes and then some”. Council Member Denninger also asked if the construction crew needed to be supervised for four (4) hours a day. Harry stated that they could cut back.

 

Harry Walker stated that Claunch and Miller would not be able to continue supervising the construction without an increase in costs.

 

Mayor Border stated that he was pleased that Council caught the fact that construction observation was originally stated to be completed in 9-11 months.

 

A motion revised by Council Member Denninger to authorize payment to C&M/HDR in the amount of $11,467.00 for Construction Observation already expended by Claunch and Miller, $5,500.00 for Landscape Architect/Urban Forester and to pay the Construction Observation cost going forward, seconded by Mayor Pro Tem Castro. A vote was taken to authorize payment to C&M/HDR $11,467.00 for Construction Observation, $5,500.00 for Urban Forester and to pay the Construction Observation going forward, the motion passed 4 – 1. Council Member Whiting, Wolfe, Denninger and Mayor Pro Tem Castro voted yes and Council Member Anderson voted no.

 

Council Member Whiting suggested that Claunch and Miller be paid a Construction Administration fee using a percentage formula, seconded by Mayor Pro Tem Castro. Mayor Pro Tem Castro stated that the Construction Administration was a lump sum and was not a “not to be exceeded price”. After further discussion it was suggested a motion be made.

 

Council Member Anderson made a motion to not authorize any extra funds for Construction Administration, seconded by Mayor Pro Tem Castro. A vote was taken not to authorize any extra funds for Construction Administration. The motion passed 4 – 1. Council Member Anderson, Wolfe, Denninger and Mayor Pro Tem Castro voted yes and Council Member Whiting voted no.

 

Council Member Anderson made a motion to not authorize payment of additional survey services, seconded by Council Member Whiting. A vote was taken to not authorize payment of additional survey services and the motion passed unanimously.

 

Council Member Anderson made a motion to not authorize additional expenses of $200.00, seconded by Council Member Whiting. A vote was taken to not authorize additional expenses of $200.00 and the motion passed unanimously.

 

Harry Walker stated that Claunch and Miller appreciated Council’s time and consideration.

 

4. MAYOR AND COUNCIL COMMENTS: NONE

 

5. ADDITIONAL CITIZENS COMMENTS:

 

Alan Wolfe, 1314 Pine Chase Drive, stated that AAA had exceeded their time frame and asked if we were going to go back on them.

 

Paul Maddock, 8 Hilshire Oaks, stated that there was a mud hole at Wirt Road and Ridgeley that had not been repaired. He stated that a nearby sewer drain was damaged and a small child could fall into it. Paul Maddock also stated that the residences on Hilshire Oaks Court would like to landscape and add a sprinkler system to the Court entrance.

 

6. ADDITIONAL MAYOR AND COUNCIL COMMENTS:

 

Council Member Anderson made a motion to put clarification to building net area as a discussion and possible action on the agenda, seconded by Council Member Denninger.

 

 

 

Mayor Border stated that he is concerned about voting without a public hearing.

A vote was taken to place the clarification to building net area as a discussion and possible action on the agenda and the motion passed 3-2. Council Member Anderson, Wolfe and Denninger voted yes and Council Member Whiting and Mayor Pro Tem Castro voted no.

 

7. ANNOUNCEMENTS: NONE

 

8. ADJOURNMENT: It was moved by Council Member Whiting and seconded by Council Member Anderson to adjourn.

                                               

 

                                                                                                                        ____________________

                                                                                                                        Robin S. Border, Mayor

ATTEST:

 

__________________________

Susan Blevins, City Secretary