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1973 07 17 CC Minutes, Special5466 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 17, 1973 The City Council of the City of Baytown met in special session, Tuesday, July 17, 1973, at 5:00 p.m.. The following members were in attendance: Jody Lander Charles Pool Fred Bednarski,Jr. Mary E. Wilbanks Henry Dittman Tom Gentry Neel Richardson Edna Oliver Howard Northcutt Absent: Fritz Lanham Allen Cannon Councilman Councilman Councilman Councilwoman Councilman Mayor City Attorney City Clerk Administrative Ass't. City Manager Councilman Mayor Gentry called the meeting to order and the following business was transacted. Consider Authorization for Final Payment for Police & Court Building Mr. Bitsy Davis, architect for the Police & Court Building, reviewed with Council the situation with Mr. Van Cleve, who is requesting final payment, beginning with the day Council inspected the building. Council inspected the building on June 5, 1973, and that was the day the Certificate of Substantial Completion was issued. A Certificate of Substantial Completion is the time a building can be put to its intended use; that began a 30 -day period in which 10% of the funds due the contractor were withheld insuring the city would be protected against any claims for unpaid bills, or work that is not done. A part of the contractor's responsibility in asking for a Certificate of Substantial Completion was the submitting of a list of discrepancies. However, Mr. Davis felt the list that Mr. Van Cleve submitted was not complete; therefore, Mr. Davis made an additional list and gave it to Mr. Van Cleve. Mr. Davis recommended Council retain the worth of all items that have not yet been corrected, until all work has been completed satisfactorily. Mr. Van Cleve and Council then reviewed the list of items that have not been corrected to Mr. Davis's satisfaction: 1) Exterior sitework - backfill to level with top of curb at all locations. Mr. Van Cleve dit not feel this was noticeable, but will correct it if Mr. Davis wishes. 1 2) Masonry - remove discolored mortar and re -point to blend all exterior masonry. Mr. Van Cleve agreed to correct this. 3) Masonry - remove excess grout from face brick, particularly at the north side Mr. Van Cleve could not find any excess grout, but agreed to correct it if Mr. Davis will point it out. 4)' Terazzo - remove stains where cane, grease, etc., were left too longr. Mr. Van Cleve could not find any stains, but agreed to correct them If Mr. Davis will point them out. 5) Vinyl Asbestos & Flooring Base - restick base where unglued. Mr. Van Cleve is awaiting the sub - contractor's arrival to correct this. 6) Miscellaneous - correct carpet work where rough. Mr. Van Cleve stated this should not be his responsibility because the carpet contractor was chosen by Mr. Davis, and he-has never seen this manl. Mr. Davis explained that Mr. Van Cleve had originally chosen the contractor for this work, however he failed to respond to inquiries regarding pricing on carpeting, etc. Therefore, Mr. Davis was forced to choose the second bidder on this job in order to have the work completed on time. Mr. Van Cleve stated the corrections in carpet work should be between Mr. Davis and the carpet contractor. - Council concurred to skip over this item, and it will be taken into consideration should payment be authorized. 7) Quote credit on brick wing wall not constructed (near Judge's office). July 17, 1973 5467 One item of previous controversy is the wing wall, and has been discussed with the contractor for several months. Mr. Davis was of the opinion that the drawings adequately portray the wing wall to be 818" high, 14' long, with a 4' return; it is shown on the floor plans and on the elevations. Mr. Davis placed the value of the wall at $350.00, and stated that he has no privilege to forgive any amount of money for something that was clearly shown in the specifications, but was not built. Mr. Van Cleve then referred to the plans and specifications with the Council, and explained why the masonry contractor did not figure the wall into his bid; he thought this was a draftman's error since it was not shown to have a foundation. In being questioned, Mr. Van Cleve stated that the contractor never questioned if the wall was an error or not. Mr. Davis contended that the brick wall was adequately shown on the architect's drawings and that he has never known a masonry contractor to figure a bid strictly on the foundation's plans. Following discussion, Councilman Bednarski moved to withhold money for all items that have not been corrected to Mr. Davis's satisfaction, until a Certificate of Final Acceptance is issued. Councilman Pool seconded the motion. For clarification, Councilman Bednarski stated his motion does include the expectation of credit for the wall to the city. The vote follows: Ayes: Council members Bednarski, Pool, Wilbanks, and Dittman Mayor Gentry Nays: None Abstain: Councilman Lander Mr. Van Cleve will be paid $48,947.47 and the City will retain $1,000 until all other items are corected. Proposed Ordinance No. 30712 -16, Delivery of Certificates of Obligation This ordinance will authorize payment for the jail facilities in the police building. However, Mr. Richardson explained that action cannot be taken on the ordinance at this time because one of the doors in the jail will not work. Mr. Richardson suggested this be considered at the next Council meeting, to give Southern Steel time to correct the door, and final payment may then be authorized. Council concurred with the suggestion. Councilman Pool moved to adjourn the meeting; Councilman Bednarski seconded the motion; the vote was unanimous in favor. APPROVED: Tom Gentry, Mayor ATTEST: �44 2 j/�� L ) F Oliver, City Clerk