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07/06/1993 - City Council Special t AGENDA SPECIAL CITY COUNCIL MEETING Tuesday July 6, 1993 5:00 p.m. Eagan Municipal Center Building I. ROLL CALL & ADOPTION OF AGENDA II. CONSTRUCTION MANAGER SELECTION III. TREE PRESERVATION GUIDELINES IV. WESCOTT SQUARE COMMONS V. OTHER BUSINESS VI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 2, 1993 SUBJECT: SPECIAL CITY COUNCIL MEETING/JULY 6, 1993 A Special City Council meeting is scheduled for Tuesday, July 6, 1993 at 5:00 p.m. Pizza and soda will be provided for the Council and staff. Construction Manager Selection At its meeting of June 15, 1993, the City Council received the screening committee recommendation and selected E & V Inc. to be the City's construction manager on the public safety/municipal center expansion project. Subsequent to that selection, but prior to • the execution of the contract with the firm, the City was informed that E& V had been the construction manager for the Burnsville Municipal Center and Police Department construction. This reference had been omitted from E & V's list of references and list of representative projects. As a consequence, staff contacted representatives of the City of Burnsville requesting a reference and were told .the circumstances about Burnsville's relationship with E & V which led them to conclude that they would not hire the firm again in the future. As a consequence of this information, staff and the City Attorney met with a representative of E & V to discuss the omission and the reasons behind the reference. Bob Struve, on behalf of E & V, apologized for not highlighting the Burnsville experience and noted that while the Burnsville project did not appear in the body of the firm's proposal,Burnsville was one of the clients listed on the back of one of the brochures submitted with the proposal. In addition, Mr. Struve has submitted correspondence, which is enclosed on pages it through L5" for your review. In it, he outlines the firm's perceptions of the Burnsville experience and their response to the concerns raised by staff. Before moving forward with execution of the contract, staff felt it appropriate to return this issue to the Council in light of the additional information. In general terms, the City of Burnsville indicated that it would not hire the firm again although the only member of the team who worked on the Burnsville project who is also committed to the Eagan project was recognized by Burnsville for his ability. In addition, Burnsville indicated that the project team had difficulty in working together and that E & V personnel were not effective in resolving those issues. The City of Burnsville did acknowledge that the project was completed on time and under budget, but felt that the scope of their project was modified significantly in order to accomplish the outcome. In the meeting with staff, E& V responded to certain of these concerns and has represented some of their perceptions of the circumstances in the attached letter. • July 6, 1993 Special City Council Meeting Page Two While the Request for Proposal did not require proposers to submit all previous municipal experience for consideration, it did indicate that the selection would be based in P art on "demonstrated previous experience in construction management with other municipal centers/law enforcement/public safety facilities"and"the demonstrated ability to effectively and efficiently manage the project within the owner's stated requirements." The choice of E & V to not emphasis a substantially similar project in a City immediately adjacent to Eagan caused sufficient concern for staff to bring the item before the City Council. It is anticipated at the present time that a representative of E & V will be present to respond to Council questions directly. Legal Counsel has advised the City that it is under no obligation to execute a contract or exercise a selection if the Council feels that omission of the information relative to the Burnsville project is sufficient to consider selection of another construction management firm. If the Council feels satisfied that E & V's responses in this regard are sufficient, staff will move forward with negotiations and execution of the consultant contract in this regard. If not, staff would request direction from the Council with respect to second interviews for two or more of the other finalist firms. Tree Preservation Guidelines The draft tree preservation guidelines are included in the regular Council packets for consideration as part of the regular meeting. Parks & Recreation Director Vraa, Parks Superintendent VonDeLinde and Acting Community Development Director Hohenstein will be present at Tuesday's meeting to answer questions the Council may have and discuss applications of the Guidelines to the development process. This opportunity for discussion is being provided to permit the Council to address its questions in an informal workshop setting which may be more conducive to understanding portions of the policy than would be the case in a formal Council presentation. It is not intended to limit Council discussion at the time it is formally considered on the agenda and staff will remain present for the regular meeting if additional questions should arise. Wescott Square Commons Parks & Recreation Director Vraa and Acting Community Development Director Hohenstein will also be present to discuss progress on the Wescott Square Park property acquisition and guidelines and expectations with respect to the Wescott Square Park planning and development. One of the concepts currently being considered is naming the facility Wescott Square Commons to underscore the identification of the area with its open space and recreational opportunities. Other design aspects relative to the facility will focus on the needs identified by the residents themselves in light of the area's unique circumstances. July 6, 1993 Special City Council Meeting Page Three Other Business There is no other business at this time. /S/ Thomas L. Hedges City Administrator my/ RECEEVED June 29, 1993 M, u 1 i993 Construction Services Holland•r r neopolis•Sacramento Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Jon: As Tom said today, the thing that he dislikes most as an administrator is a "surprise". I couldn't agree with his statement more. I'm both surprised and disappointed because this is not only difficult to know how to deal with, but also hard to keep in perspective. I do appreciate your forthrightness and know that this matter can be positively resolved. For my part I will work to provide you the information you need to reaffirm your choice of E&V as your Construction Manager. I have reviewed your request for proposal and our proposal to you dated June 2, 1993. The representative projects listed in our proposal section 1 and the references given in our proposal section 5 are current. Exceptions to this are the Anoka County project and the IDS Learning Center which reach back into the late 80's but have special significance because Michael Stowe was the project manager. The City of Burnsville project was not highlighted because Michael Stowe was not the project manager. This does not mean that it was omitted. The City of Burnsville is noted as a client in E&V's brochure presented in the Exhibits section of the proposal and was prominently • mentioned in E&V's previous proposals to you dated June 20, 1988 and January 6, 1989. My research into this issue makes it more complex than what apparently has been suggested. E&V was given the specific task of moving the City. of Burnsville project to completion after it had stalled. E&V completed all of it's contractual and professional obligations fully. In fact, the project was completed ahead of schedule and under budget. At the time that the project was dedicated, Mayor McElroy had nothing but compliments for E&V. I do understand that there was a personality conflict among the team members before and after E&V joined the team. This is certainly unfortunate because I understand how cooperative relationships benefit a project. "Building Relationships Through Performance" E &V INCORPORATED 12800 Industrial Park Blvd.•Suite 210•Minneapolis,MN 55441-3900•612/559-4111 •. f Page 2 City of Eagan June 29, 1993 Last year Michael Stowe talked with Greg Konat of the City of Burnsville. He reported to me that Greg had a favorable opinion of Mike Stowe and could recommend him to prospective E&V clients. As the facts are examined, I see E&V's ability to perform for you still intact and we look forward to doing just that. I trust that this letter answers your questions and concerns but I remain available if needed. Very truly yours, E&V, INCORPORATED Robert 2ef- '). Struve, P.E. Vice President RJS/rjr . cc: Mr. Thomas Hedges City Administrator L5 -