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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 ' ' ' iJC�"� o" 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. �lY4J�7 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. L_ J tiU�'� 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. � 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. � � � c �(9:��+D 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 ��i ' IJ ���� 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. L)(�:�� 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 �LP �:3 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. tl(�� � 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 ' � � tk( 6'��� 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 � 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 � f)[R,",3� 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. � 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 � � � c)+[4;? f 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 tic���e� 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. tH�k'�3.� 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: �