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HomeMy WebLinkAbout02/02/1970 - Regular Minutes - City CouncilMINUTES INFORMAL COUNCIL MEETING CITY OF COLLEGE STATION, TEXAS February 2, 1970 Members Present: Mayor D. A. Anderson; Councilmen O. M Holt; Dan R. Davis, James H. Dozier, Bill J. Cooley, Joseph J. McGraw, and C. H. Ransdell; City Manager Ran Boswell; Assistant City Attorney Tom Giesenschlag; and City Secretary Lynda Swoveland Visitors Present: Dave Mayo, Frank Griffis, F. Charles Spunham, Timothy W. Keneipp, Robert Cornish, Don A. Swofford, C. R. Watson, and W. H. Barsh Mayor Anderson opened the meeting at 5:00 p.m. in the Council Room of the City Hall in College Station. He explained that the purpose of the informal meeting was to discuss the reasons for the delay in completion of the new municipal facilities and what might be done to expedite their completion. Mayor Anderson stated that he felt the citizens, as well as council members, who represent the citizens, had a right to know why the delay was caused. Councilmen then directed questions to W. H. Barsh, the contractor, as to causes for delay in completion of the facilities. Barsh explained that he had had difficulty with several of his sub -contractors and in obtaining materials. He further explained that his precast components for the two facilities caused him considerable delay. Barsh related that until the precast components were delivered from Waco, there was really nothing they could do on the facilities. They also experienced some inclement weather during this time period, which he said caused some delay. He explained that the precast components could not be poured when it was raining. The architect, C. R. Watson, explained that after some of the precast panels were shipped, and delivered, they had to have some repair done to them because they had not been poured correctly. Barsh stated that the precast panels on the two facilities are a "sophisticated" type and have to be put up a certain way. Barsh stated that he did not feel they were negligent or at fault in awarding the sub -contract for the precast panels to this sub -contractor in Waco. He stated that because of the inclement weather, it was understandable. Barsh stated that as contractor, he did not feel it was his place to notify the Council of all the delays he had had. He stated that he worked directly through C. R. Watson, agent for the city. He stated that he made the architect aware of all of these delays. Minutes of Informal Council Meeting Page 2 February 2, 1970 The architect explained that the only time the "time element" or delays had been discussed, was with the City Manager, when he was dropping by the City Hall for another reason. City Manager Boswell stated he was in receipt of but one letter dated December 11, 1969, which was from the architect and which granted extensions of time to the contractor. These requests were for May 1, May 13, June 5 and June 10. one of the councilmen asked Barsh when he felt the facilities would be complete. He stated that he was pushing for a completion date of February 6. The question of liquidated damages then was brought up by Councilman Holt. He asked the contractor where we stood money wise. Barsh stated that under the conditions of the contract and as a matter of right, he felt the contractor was entitled to an extension of time if reasons are justifiable. He explained that his sub -contractors should have the same responsibility that he has to the city. If his sub -contractors are delayed, then they are supposed to give him notice and reason of delays. He explained that at present, he has received no notices from his sub -contractors. He stated this included the sub -contractor who furnished the precast panels. Mr. Barsh stated that at the time of bid submittal, he felt the time of calendar days spelled out in the contract was sufficient to build the two facilities, barring, of course, unforseen circumstances, such as weather and difficulty in obtaining supplies and materials. After much discussion, the Council asked the legal opinion of the city attorney. Tom Giesenschlag, Assistant City Attorney, stated that the perogative lies with the Architect in regard to these delays. The Contractor has complied with his part of the contract by notifying the architect for the causes of delay. He stated that the whole key to a situation is "what is a delay" that Barsh has no control over? Councilman Holt asked Mr. Watson if he was in a position to determine whether the contractor is justified in his job? Mr. Watson stated that because of the circumstances involving the delay of the precast panels shipment, and because of weather conditions, he felt the contractor had done all he could and felt his requests for time extension were justifiable. Watson stated that the first 15 days extension had already been approved. Mr. Giesenschlag stated that under the A. I. A. contract, anything that is a "justifiable delay" is considered "anything beyond control of the contractor". He further explained that it will be in Mr. Watson's province to determine what is valid and invalid. t ER Minutes of Informal Council Meeting February 2, 1970 Page 3 Watson stated that, as agent for the city, he would critically review all the requests for time extension and would come to a decision on them when the building is complete and will communicate with the Council as to any amount due the city for failure in contractual obligations. Another meeting will then be set at that time. APPROVED: -6z a",AmA Mayor ATTEST: City Secretary las � � y THE STATE OF TEXAS X COUNTY OF BRAZOS X CITY OF COLLEGE STATION X Notice is hereby given that a n informal meeting will be held by the College Station City Council at 5:00 p.m. on Monday, February 2, 1970. Said meeting is for the purpose of an informal discussion with the architect and contractor concerning the new city hall and police fire station facilities. APPROVED: C� r/ y) YJ D. A. Anderson, Mayor ATTEST: 4citretary Posted January 28, 1970 VOW l�.