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HomeMy WebLinkAbout1989-11-20-1000AM-Special• BRAZO§S COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING MONDAY, NOVEMBER 20, 1989, 10:00 A.M. 1. Discuss Chappell Hill Construction Company contract in regard to the construction of the Minimum Security Jail. 2% Adjourn. i COMMISSIONERS' COURT SPECIAL MEETING NOVEMBER 20, 1989 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Monday, November 20, 1989, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge Bea Green Secretary to Commissioners Rhonda Seaton Auditor's Office Travis Nelson District Clerk Elizabeth Sharp Bryan/College Station Eagle Alice Brown KBTX-TV Sal Rios KBTX-TV Ramiro Quintero Brazos County Resident Patricia Meronoff Vance, Bruchez & Goss Emmett Trant, Emmett Trant & Associates Phillis Nelson Contract Procurement Office The County Judge opened the meeting stating that the Court would discuss the contract for the construction of the minimum security jail. He then turned the meeting over to Commissioner Sims who gave a summary of events which led up to today's meeting. Commissioner Sims explained that Chappell Hill had submitted the standard AIA contract which had in turn been submitted to legal counsel for review due to some problems in the wording. Commissioner Sims, attorney Patricia Meronoff and architect Emmett Trant reviewed the contract and tried to come to an agreement that would be accepted by both the owner and the contractor. Commissioner Sims then enumerated the problems encountered in the General Conditions of Contract for Construction. Retainage - Commissioner Sims had asked architect Emmett Trant to inquire about withholding five percent (59) retainage. Mr. Trant stated he had spoken with the legal counsel of the V®l r~ • Commissioners' Court meeting November 20, 1989 general services office in Austin and had been informed that all contracts currently used five percent (58) retainage. Patricia Meronoff suggested changing the retainage to ten percent (108) to comply with state law and invest the retainage held with the interest going to the general contractor. If the county invested 5 percent retainage, the county could keep the interest earned. Bonding of the Sub-Contractors - due to the high number of sub-contractors declaring bankruptcy and not finishing a job, the contractor should arrange to furnish bond for those sub- contractors receiving $225,000.00 or those subcontractors should submit unaudited financial statements for the last two years. The County Judge asked why bond was needed from a subcontractor when the general contractor assumes responsibility of the bond and payment of all claims. Attorney Patricia Meronoff explained that it was insurance on insurance and that the surety company would cover the extra cost of the failure of the subcontractor to complete the job. Comnissioner Sims stated that he would like the Auditor to review any unaudited financial statements. Commissioner Norton said that whenever possible, we should protect ourselves. Option one offered the most protection whereas option two anything can be claimed on an unaudited financial statement. The County Judge asked how many subcontractors come under the $225,000.00 category whereupon Emmett Trant answered that there were only three and that the subcontractors are bonded to the General contractor not the property owner. -1'6 Page 2 of the addendum to the AIA Contract Document A201- Contractor is liable for repairs. The question was raised as to the length of liability on a leakage. Emmett Trant stated the roof had an extended five year warranty on leaking. The extended warranty remains in effect if the leakage is not the owners fault. Patricia Meronoff stated leakage can occur from areas other than the roof, for instance floors, windows etc. and that a one year warranty is standard on roofs. Emmett Trant stated the contract was bid with the one year standard warranty, not an ~E i J 77 a Commissioners' Court meeting November 20, 1989 extended warranty from the contractor which would cost additional money. Commissioner Sims continued by outlining other articles of the contract that were successfully negotiated and the three articles in the contract that could not be agreed upon. Bonding Liquidated Damages Extended Warranty on resultant damages Bonding of Subcontractor or submission of financial statement-Subcontractor wants financial statement submitted thirty days after commencement of project submission prior to commencement of project would delay start. Commissioner Norton stated that bonding of the subcontractor would offer the best protection whereas an unaudited financial statement hardly any. Commissioner Sims said to take the Contractors bond if bonding the sub contractor is going to cost more or delay the construction. The members of the Court agreed to the suggestion. obligation on leakage - Mr. Trant felt that contractor would have trouble with the bonding company if this issue was not addressed in the bid specifications. The Contractor wants a reasonable length of time on the warranty but not over one year. Commissioner Sims suggested twelve months after the first year. Liquidated Damages - stay at $300 per day. It was the consensus of the Court that Ms. Meronoff re- negotiate those three items with the contractor. Mr. Walt Shoenenvogel, representing the contractor, stated that the contractor could not guarantee the subcontractor's would honor their bids considering the length of time taken in negotiating the contract. There being no further business to come before the Court, the meeting was adjourned. The foregoing minutes have been examined and approved in open Court this theJJ- day of in Bryan, Brazos County, Texas. • • R. !to mgree County Judge Walter Wilcox- Commissioner, Precinct 2 Meson Turner Commissioner, Precinct 4 Gary r on Com i stoner, Precinct 1 Randy S s Commis loner, Precinct 3 JA' 1 J Flank Bo[ S e County Clerk i` 1 l Vr L