01/18/1989 - 00006740t){ 1!�fi
' THE MINUTES OF THE SPECIAL EMERGENCY MEETING OF THE FRIDLEY CITY
COUNCIL OF JANUARY 18, 1989
The Special Emergency Meeting of the Fridley City Council was
called to order at 9:43 p.m. by Mayor Nee.
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson,
Councilman Schneider, Councilman
Fitzpatrick and Councilman Billings
MEMBERS ABSENT: None
OTHERS PRESENT: Bill Burns, City Manager
Virgil Herrick, City Attorney
Jock Robertson, Community Development Director
Rick Pribyl, Finance Director
Ross Daly, Fridley Focus
David Kroos, Boarman and Associates
Thomas Sackett, Kraus-Anderson Construction
The purpose of this meeting was to review problems that have arisen
with Bossardt-Christenson, the contractor for the Civic Center
project.
� Mr. Burns, City Manager, stated he learned about the split of
Bossardt-Christenson Construction shortly after the Christmas
holiday season and staff has had two weeks to respond.
Mr. Robertson, Community Development Director, stated he had heard
rumors the Friday before New Year's about this problem and it was
confirmed the following Tuesday.
Mr. Burns stated meetings were held with Mr. Bossardt and Mr.
Christenson separately. He stated in the meeting with Mr.
Bossardt, he was emphatic about not wanting to accept this job.
Mr. Burns stated with this split, the Construction Manager, Ken
Braun, became an employee of Mr. Bossardt. He stated Mr. Bossardt
was asked about the possibility of using Mr. Braun's services until
the project was completed. Mr. Burns stated he was advised iP the
City wished to retain Mr. Braun, additional fees would have to be
paid even though he began this project with the City.
Mr. Burns stated meetings were held with Mr. Bossardt and Mr.
Christenson present and it was indicated to both of them that the
City was looking at another contractor and obtaining quotes. He
stated it seemed at that point they were willing to get together
and recottsider their position. He stated the City demanded the
services of Ken Braun, Jim Eichman, and Mary, the Secretary, at the
same contract price.
� Mr. Hurns stated in responding to the City's request, it was
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 2
indicated that Mr. Christenson would continue the project with his
employee, Bob Scarsdon, to serve as a replacement for Mr. Braun.
He stated if the City wanted to rea5sign the contract to Mr.
Bossardt, the additional cost would be between $25,000 to $27,000
for these services.
Mr. Burns stated, at this point, meetings were held with Mr. Tom
Sackett, Project Manager, for Kraus-Anderson Construction Company
to determine his terms for taking over the Civic Center contract.
He stated a final meeting was held by staff and the conclusion was
the City had three choices to either (1) reassign the contract to
Mr. Bossardt; (2) reassign the contract to Mr. Christenson; or (3)
reassign the contract to Kraus-Anderson.
Mr. Burns stated several questions were raised by staff, as shown
in the outline submitted to the Council, regarding Bossardt-
Christenson's work and the capabilities of the newly created
company headed by Mr. Christenson. He stated one question was if
there was doubt about the Christenson firm, if it warranted paying
additional costs to involve the services of either Mr. Bossardt or
Kraus-Anderson and would a conversion to either of these persons,
benefit or detract from the successful completion of the City's
project. He stated another question considered was if there was
a change of construction managers, if it would create tension and
delays among the contractors. Mr. Burns stated another
consideration was if construction materials were stored off-site
and to what extent there may be a legal contest.
Mr. Burns stated in answer to some of these questions, staff
reviewed the deficiencies in Bossardt-Christenson's work, the
future capability of the Christenson firm, cost benefit from a
change of construction management firms, potential delays and other
problems, and possible legal problems. He stated different persons
were asked to identify deficiencies they felt existed in the
Bossardt-Christenson work.
Mr. Burns stated Rick Pribyl identified the lack of conformance in
providing comparative bids for each of the contracts that were let
and the inability or willingness to provide pay estimates in a
timely and accurate manner. Mr. Burns stated in every case,
vouchers were late and were not accurate.
Mr. Burns stated Mr. Kroos, Project Manager for Boarman and
Associates, indicated there was poor management of the bidding
process, lack of familiarity with construction documents, poor
en£orcement of submittal and approval processes, absence of a
construction schedule, and lack of commitment to the project on
the part of the Bossardt-Christenson management.
Councilman Schneider asked if they were paid every month, if all
of these problems were occurring.
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SPECIAL EMERGENCY MEETING OF JANUARY 18 1989 PAGE 3
1 Mr. Burns stated payments were stopped in September, not
necessarily because of these problems, but because of the
scheduling problem.
Mr. Burns stated in reqard to the future capability of the
Christenson firm, the staff does not feel that the City's project
will be well served by continued reliance on this firm. He stated
the problems and deficiencies experienced to date would seem to
indicate a complicated project future. Mr. Burns stated although
the potential additional cost is high (up to $29,000), it is felt
there is sufficient reason to absorb this additional cost and
proceed with another project management firm.
Mr. Burns stated he believed in the long run, a new project
management firm would actually speed up the project and permit its
completion at the earliest possible date. He stated while a change
to a new project management firm may create some tensions among
contractors, he believed, for the most part, the opposite will be
true and most contractors would welcome the change. He stated a
new project management firm will examine the contracts and pay-
outs, as we11 as provide a highly coordinated process.
Mr. Burns stated it is difficult to say whether or not the City
� will have problems with the Christenson firm if the decision is
made to change to a new project manager. He stated staff has
learned that no construction materials are stored off-site and
believed there are no records or other materials that could
potentially be withheld to delay the project. He stated the City
Attorney, Virgil Herrick, feels very confident the City has a
strong legal defense for any actions that may be taken against the
City. He stated staff has not seriously discussed any legal action
that could be taken against the contractor.
Mr. Burns stated it is recommended that the project manaqement
contract be assigned to the Kraus-Anderson Construction Company
and that a letter of contract cancellation be sent as soon as
possible to both Bossardt and Christenson.
Mr. David Kroos, Project Manager, Boarman and Associates, stated
in regard to Bossardt-Christenson's performance, there was poor
management of the bidding process and 47% of the items were either
not bid or had to be re-bid because they were over budget. He
stated they had no information on bid results until two weeks after
they were received. He stated Bossardt-Christenson was told the
bids had to be put together in a clear, concise manner and
information was incomplete and not formatted. Mr. Kraos stated
Bossardt-Christenson was asked to make a thorough review of the
documents before they went out to bid. He stated when a meeting
� was held for this purpose, Mr. Christenson did not attend and Mr.
Bossardt's comments were minimal. Mr. Kroos stated he felt it was
obvious they did not thoroughly review the documents.
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 4
Mr. Kroos stated there was poor enforcement and control of the
submittal and approval process, as stated in the specifications for
all contractors. He stated Bossardt-Christenson was not reviewing
shop drawings which was part of their responsibility. He stated
concrete pours had started before shop drawings had been approved
and, in several cases, contractors ordered materials prior to shop
drawing submittals and approval. He stated from his point of view,
they were strictly operating at their own risk as they were not
enforcing the process. Mr. Kroos stated on the concrete pours,
testing was required and tests were not taken at all or taken under
irregular conditions.
Councilman Schneider asked if there is a problem with the concrete
that was poured.
Mr. Kroos stated as it turned out, there was not a problem, but
the concrete strength is a little less than specified, but adequate
for the structure.
Councilman Schneider asked if the City staff was made aware of this
problem.
Mr. Kroos stated they would have been advised if something had to
� be removed. He stated in these cases it is not unusual for early
testing samples to fail and there is a 21 day waiting period before
final testing. He stated if these samples had failed, it would
have been necessary to take samples of the actual core. He stated
the fact remains they were doing this work at great risk and no one
was forcing the contraotor, Park Construction, to comply with the
testing procedures.
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Mr. Kroos stated no construction scheduled has been submitted and
it negatively affects contractors and adds uncertainty to the
schedule of items outside the initial contract, such as furniture,
equipment, and the telephone system.
Councilman Schneider stated the Council has requested reports every
few weeks on how this project was proceeding. He stated he was
upset as he was led to believe everything was going smoothly.
Mr. Kroos stated it is proceeding at a tolerable rate. He stated
if shop drawings are not checked, they are sent back to Bossardt-
Christenson. He stated people from his office and the City staff
are pushing to get these things done.
Counoilwoman Jorgenson stated she thought things were proceeding
on sohedule and all of a sudden there are problems and she wonders
why the Council was not informed.
Councilman Schneider stated if what they are hearing is true,
action probably should have been taken several months ago.
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5PECIAL EMERGENCY MEETING OF JANUARY 18. 1989 PAGE 5
Mr. Kroos stated there were problems, but they were correctable.
He stated if Mr. Ken Braun had continued with Mr. Christenson,
these items would have been corrected. He stated Mr. Christenson
has not been involved in the project hardly at all, and with Ken
Braun now being an employee of Mr. Bossardt, all of the continuity
is lost.
Councilwoman Jorgenson stated if there have been some
irregularities in regard to the concrete testing, and problems in
the future, who would be responsible.
Mr. Kroos stated if all the testing procedures were followed, the
contractor responsible for that particular work would have to
replace it and this would be enforced by the Construction Manager.
Councilwoman Jorgenson asked who would be responsible if the City
changes Construction Managers.
Mr. Kroos stated the Construction Manager is not directly
responsible, but the contractor would be as he is under contract
to the City for the work.
Mayor Nee stated he understands the Construction Manager is an
agent for the City. Mr. Herrick stated that is correct and he is
like an employee of the City.
Mr. Kroos stated he felt there is a lack of commitment to the
project on the part of Mr. Christenson and he was operating on a
very superficial level. He stated Mr. Christenson attended the
construction meetings, but he did not have any contact with him
again until the next meeting. He stated Ken Braun has dealt with
the issues to the best of his ability.
Councilwoman Jorgenson asked Mr. Kroos if he could substantiate
these comments if it comes down to a legal confrontation.
Mr. Kroos stated he cannot substantiate these things himself
because he has not followed Mr. Christenson around. He stated
based on his knowledge of the issues, he sensed Mr. Christenson
was there to give the illusion of involvement. He stated he has
checked with others and they have confirmed that this was the level
at which Mr. Christenson was operating.
Mr. Kroos stated Bossardt-Christenson was not aggressively pursuing
the best prices on the City's behalf. He stated some minor
modifications were made and felt the price for these changes was
too high. He stated, in one case, he contacted the contractor
directly which resulted in a price reduction.
Councilman Billings stated a meeting was held in June of 1988 at
the City Hall with Nasim Qureshi, Jock Robertson, Councilman
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 6
Schneider and himself in attendance. He stated they met with Mr.
Christenson, Ken Braun, Dave Kroos and Mr. Boarman. He stated at
that point, there were rumblings regarding some coordination
problems between the architectural firm and construction management
firm. He stated he left the meeting with the feeling that Mr.
Boarman was unhappy with the work of Christenson. He stated with
Ken Braun on the project, the situation improved greatly and it was
felt the project would move along expeditiously with a minimum
number of problems. He stated the architect at that time was not
100� behind Bossardt-Christenson, but it seemed to be the consensus
the project was far enough along that the City should not change
construction managers. He stated the reason the contract remained
with Bossardt-Christenson was because of Ken Braun's involvement.
Mr. Kroos stated he believed Councilman Billings statement is a
fair assessment of this meeting. He stated they requested Ken
Sraun become mora involved, but did not feel Bossardt-Christenson
fulfilled the commitment made at that time.
Mr. Robertson stated if the City would have changed firms, at that
point, the work would have had to be re-bid.
Councilman Schneider stated with all these uncertainties and
deficiencies, he felt the Council should have been informed.
Mr. Robertson stated not all things were going smoothly with
Bossardt-Christenson, but by working with the architect, the
project was proceedinq. He stated items were coming in late, but
all the extra work that needed to be done was beinq completed.
Mr. Kroos stated the work was proceeding, but others had to cover
areas that were Bossardt-Christenson's responsibility.
Mr. Pribyl, Finance Director, stated his major concern was, in the
bidding process, the City needed information to substantiate the
awarding of the bids in reqard to who obtained the award and the
price. He stated this information was not submitted. Mr. Pribyl
stated pay estimates were not submitted on time which placed his
department in a bind for their review. He stated numerous errors
were discovered and detailed summary sheets did not correspond with
the figures. He stated the errors being found should not exist.
Mayor Nee questioned if the low bid was actually awarded if there
was a lack of documentation in the bidding process.
Mr. Kroos stated he has never seen the actual bid forms submitted
by the contractors. He stated he has seen the summary sheets which
list the contractors and their respective bids.
Mr. Burns stated he understands contracts were awarded to low
bidders that have not been able to provide the performance bond.
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SPECIAL EMERGENCY MEETING OF JANUARY 18. 1989 PAGE 7
� Mr. Burns introduced Mr. Thomas Sackett, Project Manager for Kraus-
Anderson Construction Company, to explain his proposal to the City.
Mr. Sackett thanked staff and the Council for allowing him to
present Kraus-Anderson's proposal. He stated he has met with staff
and has walked through the project. He stated he has reviewed the
last change orders and some that have already been implemented.
Mr. Sackett 5tated their construction management proposal to
complete the addition and remodeling of the Civic Center and the
two-level parking facility under construction would be for a fee
of $42,500. He stated this fee would cover the project accounting
that is required as there are still some items left to bid. He
stated they would review all contracts, change orders, performance
bonds, and insurance certificates. Mr. Sackett stated they would
check pay requests for accuracy for work done to date. He stated
shop drawings will have to be reviewed to make sure they are
coordinated with sub-contractors.
Mr. Sackett stated Kraus-Anderson would prepare a construction
schedule. He stated suggestions will be made to expedite this
project and get it completed. Ae felt if materials have been
procured in a proper manner, completion for the entire project
� could be obtained in 10 to 12 weeks. Mr. Sackett felt if there is
a delay in delivery of materials, they could work around that area.
Mr. Sackett stated they have done business with 70% of the sub-
contractors on a regular basis and have a good rapport with these
contractors. He felt they could have a very comprehensive schedule
within two weeks. He stated they would have to meet with the sub-
contractors to check their projected times far delivery of
materials and meet with staff to determine their needs. He stated
the timetable for delivery of the furniture, office systems, and
equipment for the Council Chambers would also be included in the
schedule.
Mr. Sackett stated if the City accepts Kraus-Anderson's proposal,
he and an on-site Superintendent, Brian Turnquist, would be the
ones involved with this project. He stated Mr. Turnquist is very
experienced and has just finished work on a bank in Bloomington.
Councilwoman Jorgenson asked Mr. Sackett if he has ever takan over
a project before as in this situation.
Mr. Sackett stated he has taken over projects where the needs of
the owner have not been met. He stated contracting is a real
different business and a lot of people who consider themselves
professionals really are not, as they do not understand the
� process. Mr. Sackett stated he has done a lot of public work and
knows how pay requests have to be applied. He felt contractors
need to be paid on time and is the key to motivation for the work
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SPECIAL EMERGENCY MEETING OF JANUARY 18. 1989 PAGE 8
� to be completed.
Mr. Sackett stated they did submit a bid for this project, but
their bid was $2,000 over the Bossardt-Christenson bid. He stated
he knows the requirement is for the City to accept the low bid.
Mr. Robertson stated the most desirable situation would be £or the
on-site Superintendent to remain during the transition period.
Mr. Sackett stated this is one possibility and it would probably
be beneficial, however, he did feel they would need to have their
own Superintendent.
Mr. Robertson stated he was referring only to the transition
period.
Councilman Billings stated the Construction Superintendent is an
independent contractor and specifically hired for this project.
He stated Bossardt-Christenson may not have a place for him and he
may need the work.
Councilman Billings asked if there would be some advantage to
retain Jim Eichman for three or four weeks during the transition.
� Mr. Sackett felt they could make the transition in the seven day
notice period. He felt Kraus-Anderson would provide more
dedication and the remaining 10 to 12 weeks will be most critical.
Mr. Sackett stated it is not much of a problem to step in and
motivate the contractors. He felt a lot of them probably want to
have a schedule and more direction provided.
Councilman Billings stated he understands Mr. Turnquist would be
working full-time on this project and Mr. Sackett's maximum time
on the project would be part-time for 12 weeks. He stated if Mr.
Sackett does not need to spend as much time on the project as was
anticipated, he understands part of the fee would be returned to
the City.
Mr. Sackett stated he expected the first two weeks he would be
working full-time. He stated within the next 12 weeks, he does
not have direct responsibility for any other projects.
Councilman Billings stated he understands the City would pay
$11,250 for Mr. Saakett's and Mr. Turnquist's salaries and the
$42,500 is the overhead, accounting, and secretarial work.
Mr. Sackett stated he wants the City to feel comfortable they will
� not have problems. He stated they have procedures they follow and
would have to convert where this project is now to close it out
under those guidelines.
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SPECiAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 9
� Councilman Billings asked Mr. Sackett if they have worked with the
architect, Boarman and Associate5, in the past. Mr. Sackett stated
they have and Boarman and Associates is a good firm.
Councilman Schneider asked the total contract price with Bossardt-
Christenson.
Mr. Robertson statied it was for $78,000 and they have been paid
70% of this figure or $54,600. He stated all of Bossardt-
Christenson's services, Ron Christenson's salary, and Ken Braun's
salary was paid from this $78,000. He stated Jim Eichman's salary
was paid out of the $175,000 general expense budget of which a
little over $43,000 has been spent.
Councilman Schneider asked the additional cost if the City would
make a change in construction management firms.
Mr. Robertson stated taking these two budgets into consideration,
he felt they could work it out where the total contract would not
change. He stated the construction management fee would be
increased, but the general expenses would be less than what they
budgeted.
� Mr. Kroos stated it is a mat�er of how this expense fund is managed
which determines how much will be spent.
Mr. Robertson stated he and Mr. Sackett discussed placing a cap on
how much more would be spent for general expenses.
Councilman Schneider asked how much additional would be spent.
Mr. Robertson stated if the general expenses were the same for
either Bossardt-Christenson or Kraus-Anderson, the additional
amount spent is up to $29,000.
Councilman Schneider asked if the City has legal recourse to
recoup the additional costs which were caused by Bossardt-
Christenson not complying with their contract.
Mr. Herrick, City Attorney, stated his office is not involved in
these contracts on a day-to-day basis. He stated he reviewed the
initial contract and made some comments and suggestions as to
modifications on the contract, most of which were incorporated into
the contract. He stated he raised questions on whether there would
be a problem with coordination between the Project Manager and
architect. He stated the questions were not answered at the time,
but answers were emerging that, in this situation, there were some
problems.
� Mr. Herrick stated he and Dave Newman have become involved from
time to time when Jock Robertson came to him with problems that
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 10
could have involved some legal issues such as contracts issued
without the prevailing waqe_ u� ,tated he thought some contractors
had beaun *.��-�- • - ' cts were signed. He stated this
r
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n Braun. Mr. Herrick stated he
lscovered that one of the sub-
formance bond.
ally, his involvement until the
:hristenson was going to split.
ad a fair amount of involvement
gs. He stated the question was
�unds, as far as canceling the
a outlined the valid reasons in
comfortable, from a defensive
ct.
ired at this time to give an
the contractor seek to recover
-e are grounds the contractor
zg to the contract. He stated
City would have a claim for
erformance. Ae stated the
Ir. Herrick stated he did not
il the project is completed.
>oks will have to be done and
is within the budget. He
ie question will have to be
ith the way the project was
a lot of accounting work,
le who are experts in the
City could make a claim for
if the project is completed
ird to justify such a claim.
�rtable with the Council's
gement firms, if they so
- ay� o e asked who the City would sue since Bossardt-Christenson
no longer exists.
Mr. Herrick stated because the City's contract is with Bossardt-
Christenson and if they cease to exist, it may very well be a
problem.
Councilwoman Jorgenson cited Article XII, Section 6.1 of the
agreement with Bossardt-Christenson and felt they are bound by this
Article.
Mayor Nee stated the City awarded the contract for this project to
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 11
the low bidder which is, generally, good public policy.
Mr. Herrick stated there was no way to anticipate that Bossardt-
Christenson was going to dissolve the partnership.
Councilman Billings stated from the figures presented in the
original bidding process, he would assume that Kraus-Anderson's
fee would have been $80,000 since they were $2,000 over Bossardt-
Christenson's bid. He stated their fee now to take over the
project is $53,750 which he felt was a little disproportionate,
since the project is about 65$ complete.
Mr. Sackett stated Kraus-Anderson feels they are taking the biggest
risk, as it will take a lot of expertise and professionalism to
aomplete the project. He stated this is a risk Bossardt-
Christenson will not even take and complete the project. Mr.
Sackett stated they have to duplicate services which were not done
in the first place.
Councilman Billings stated even though the project is probably 65�
complete, Kraus-Anderson's current proposal is about 70% of the
$80,000 fee quoted in their original bid.
' Mr. Sackett stated the fee is about one-half of what was submitted
when the project was originally bid, but does increase when you add
the hourly pay for the Project Manager. He stated this is a
different situation now than if they would have been awarded the
contract originally.
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Councilman Billings stated he did not feel that Kraus-Anderson
would have to duplicate almost 40� of the work already done by
Bossardt-Christenson.
Mr. Sackett stated he hoped that the project would not take as much
time as projected and some fees could be returned to the City. He
stated he felt the City has paid for something they did not
receive.
Councilman Schneider asked what would happen if there are major
construction problems.
Mr. Sackett stated the City would be in a better position to take
legal action against Bossardt-Christenson.
Mr. Herrick stated he did not know if major structural problems
would be encountered, but probably problems with the paperwork or
performance bonds.
Councilwoman Jorgenson asked Mr. Sackett if any information they
uncover would be substantiated by Kraus-Anderson and if they would
be willing to go to court with the City, if legal action is taken
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 12
against Bossardt-Christenson. Mr. Sackett answered in the
af£irmative.
Mr. Robertson stated when the City entered into the contract in
February, the concept was that Bossardt-Christenson would be paid
on a pro-rated basis based on the construction schedule. He stated
at that time, the preliminary contract schedule was for ten months
beginning in April and ending the first part of February,
therefore, there would be ten equal payments. Mr. Robertson stated
by September, it became clear the construction schedule would be
much longer. He stated staff was able to negotiate a verbal
agreement where they would not submit any more invoices until about
70� of the work was completed.
Mr. Herrick stated Bossardt-Christenson may sue for either the
balance of the fee or a percentage of it. He stated if that
happens, the City would undoubtedly file a connter claim. He
stated he would recommend Bossardt-Christenson not receive any
further payments at this time.
Mayor Nee asked how much has been encumbered under Bossardt-
Christenson's direction.
Mr. Robertson stated out of the total budget of $3,497,000, the
contracts awarded to date are $3,306,000.
Mr. Herrick asked what percentage of the work has been completed
and how much they have been paid to date.
Mr. Burns stated these figures were given to the Council in their
packet.
Mr. Pribyl stated the information given to Council was up to date
as far as listing all the contracts, change orders, and estimates
approved. He stated it does not include the fourth pay application
request which was received today.
Mr. Herrick stated they would probably argue they were entitled to
90% based on the original contract. He stated the City would argue
they did not perform or negligibly performed and would probably
enter into some compromise or lawsuit at some later date. He
stated one point he felt is siqnificant is the increase cost to the
City is less than 1� of the total.
MOTION by Councilman Billings to direct staff to immediately
terminate the contract with Bossardt-Christenson Corporation for
failure to adequately per£orm under the terms of the contract.
Seconded by Councilman 5chneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to receive the letter of January
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SPECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 13
� 16, 1989 from Kraus-Anderson Construction Company to William W.
Burns, City Manager. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Billings to direct staff to prepare a letter
of intent to hire Kraus-Anderson Construction Company as
Construction Manager to complete the Civic Center project along
the lines of the January 16, 1989 letter to William W. Burns, City
Manager. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to direct staff and particularly
the City Attorney to investigate the City's option for recourse
against Bossardt-Christenson, Bossardt and/or Christenson, and to
bring back a report to the Council at the appropriate time as to
their recommendation. Seconded by Councilwoman Jorgenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. Herrick stated they will submit a report, but should emphasize
the final figures will not be known for some time.
� Councilman Schneider felt if something is going wronq, the Council
should be advised. He stated he is upset with staff, not because
of Bossardt-Christenson's split, but because of things that were
happening and they were not notified.
Councilman Fitzpatrick stated in the list the Council received
twice a week, they were told everything was on schedule.
Mr. Robertson stated when the Council proceeded with this pro7ect
in August, 1988, a budget and a timetable for completion were
adopted. He stated from the report of Bossardt-Christenson at the
last construction meeting, indications were the project is still
within budget and on schedule.
Mr. Robertson stated, in response to Councilman Schneider's earlier
question if there was a concrete problem, they did have to wait
until the end of the curing period for the concrete stress tests.
He stated at the end of this period, it was concluded there was not
a problem.
Mr. Kroos stated the point is Bossardt-Christenson has not been
the party enforcing this process and his company, as the architect,
and Jock Robertson, as staff, has undertaken the task. He stated
Bossardt-Christenson has not been doing their job.
� Mr. Robertson stated there is a series of maddening questions every
week and the question is to what extent does he involve the
Council.
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3PECIAL EMERGENCY MEETING OF JANUARY 18, 1989 PAGE 14
' Mr. Kroos stated he has been involved in many construction projects
and staff and the architect are mutually confronted with problems
on a daily basis. He stated he felt it is their responsibility to
take care of those things and not bring them to Council.
Mr. Robertson stated he feels very responsible, however, if he
reports everything that may not be going smoothly, it may be
raising false problems. He stated he attempts to bring the big
policy issues to the Council. He stated except for the fire
station portion being late, they are generally on schedule and
within budget.
Mr. Kroos stated reflecting back on the meeting in June, wYiere they
had serious doubts about Bossardt-Christenson's ability to manage
the project, the decision was to proceed with that firm. He stated
although it was not an ideal relationship, it was decided it was
the best course of action.
Councilwoman Jorgenson stated next week the Focus will report some
of these problems which the Council was not even aware of up to
this point.
Mr. Herrick stated if Bossardt-Christenson had not split, he doubts
� that the Council would be meeting at all this evening.
Councilman Schneider stated he understands what to submit to
Council is a judgment call on staff's part.
Councilman Billings stated except for �.he problems the Finance
Department has encountered with the paperwork, he did not see any
major problems, but minor irritations and the loss of continuity
by losing Ken Braun. He stated he is not as disappointed with
staff as others on the Council. He stated he is thankful staff
does not come to them with every little problem.
Mr. Kroos stated the problems that were encountered with the
concrete and shop drawings are not unfamiliar to them. He stated
they encounter these things all the time. He stated in public
jobs, you may not get the contractor you want, but have to award
the contract to the lowest bidder and that may or may not prove to
be beneficial.
Mr. Burns asked Mr. Sackett how many weeks it would take to prepare
a construction schedule. Mr. Sackett stated l0 to 14 days.
Mr. Burns asked Mr. Sackett to oome back to the Council when the
schedule is completed.
' Mr. Burns stated the staff was made aware of another possible
problem today in that there may not be sufficient restrooms on one
of the floors. He stated Mr. Kroos is reviewing this matter.
t�i�l()
SPECIAL EMERGENCY MEETING QF JANUARY 18, 1984 PAGE 15
� Mr. Kroos stated if it is the desire to provide additional
restrooms, he felt there is sufficient space to locate these and
they are preparing the document and costs to add the restrooms.
He stated they hope to obtain two quotes for this work, one for
rough-in work and one to complete the work.
Mr. Daly, Editor of the Fridley Focus, stated he would like the
minutes to reflect that this was a rare emergency meeting, but
staff did notify the press so coverage could be provided and
thanked them for this notice.
ADJOURNMENT'
MOTION by Councilman Billings to adjourn the meeting. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Special Emergency
Meeting o£ the Fridley City Council adjourned at 11:50 p.m.
Respectfully submitted, / ��_
�� � �� ��
��/ , 1
� '`_ Y�z���{� l.r
Carole Haddad William J. Nee
� Secretary to the City Council Mayor
Approved:
�