HomeMy WebLinkAbout1970 CS City Hall Contractor Escapes PenaltyCS City Hall Contractor Escapes Penalty
By FRANK GRIFFIS
Eagle Staff Writer
The College Station City
Council Monday night decided
not to penalize Barsh Con-
struction Co. of Waco for delay
in building the new city hall
and police -fire station.
Councilman Jim Dozier cast
the . only negative vote, saying
he thought the council was
making a mistake.
The contract with Barsh in-
cluded a penalty clause of $100
per day for each day past the
deadline. The contractor was 71
days late in completing the
project, and was granted a 74-
day extension by the council.
Architect C. R. Watson of C.
R. Watson Associates had
granted an extension of 20 days
earlier without consulting the
council. The council agreed
during a special meeting last
Feb. 3, that the architect was
the council's agent with the
contractor.
"In view of what has tran-
spired, it is my decided opinion
that the contractor ... has
dutifully and conscientiously
pursued the project construction
and has requested no ;lay
other than for that which was
beyond his control. The requests
for extensions for tir_:e have
been reasonable and with just
cause," Watson said in a memo
to the council
Watson listed the delays as:
—55 days for delay in receipt
of pre -cast concrete panels
"through no fault of the con-
tractor."
Caused by a request for
installation of a drive -in
counterette unit for which a
change order was issued Oct.
17, 1969 -unit was recieved a' the
job site Jan. 5, 1970.
— Caused by a request for
changes on the council room
seating platform which were
made Dec. 29, 1969, and "were
accomplished shortly thereaf-
ter."
Other delays were reported
caused by requests for adding
birch plywood paneling for the
city manager's and mayor's
offices on Dec. 29, 1969; and
the manufacturer's late ship-
ment of resilient floor covering
and a "mix-up" by the freight
company.
"No request was made to
delete the floor covering in
certain areas, however, score
the material had not been in-
stalled this deletion could be
accomplished without extra cost
or additional delay," Watson
siad.
Said Dozier, "It is not
justified. He ( Barsh) as much
as admitted that the delay was
not justified. He said it was due
to his supplier.
"He holds an indemnity bond
against his supplier just as we
hold one against him. He could
get damages from his suppher;
everyone admitted the supplier
was negligent," Dozier said.
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"It is a sad state of affairi
when a city cannot give an
extension, but we have to pay
him on time and not hold the
contractor to particular bids."
Dozier said. He added that he
was not criticizing the architecl
or the contractor.
"But it was caused by
someone along the line whc
should be subject to a penait5
and there is only one way tc
penalize him," Dozier said.
"We hired the architect, bul
don't always agree with him,
I hire my sons to mow the lawn,
but I don't always agree with
the damn job," Dozier said.