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