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RM 05-21-76
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RM 05-21-76
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6. OLDIBUSINESS (Cont'd <br />and 18 /SECD). On March 3rd, we requested he submit documents and <br />the contractor has not completed these documents yet. There have <br />been numerous times when we have requested the documents and Ken <br />Schaller has the complete breakdown for Counsel to review if he <br />wishes. <br />Mr. Butler advised, that, frankly, everything that he has heard, <br />over the past, since January, with the conditional award at that <br />time, about this contractor would indicate that they are just simply <br />not able to do the work and are not able to meet their contract commit- <br />ments. Mr. Crighton further advised we still require the E.E.O. docu- <br />ments before we can issue the Notice to Proceed, and that we have not <br />received those from the contractor as yet. Mr. Butler stated that <br />amounts to 2 -1/2 months involving our request for basic documents to <br />get the contract completed. With the possibility that the longer we <br />delay - -if he can't do the work- -then we are going to have to rebid <br />and the costs are going to go up. Perhaps we won't have to rebid. <br />depending on other bids that were received on the contracts. <br />Commissioner Robinson asked several questions: Is the performance <br />bond the contractor put up, is that for one dwelling and is it <br />enough to take care of the financial irresponsibility on the part <br />of the contractor with the subcontractors? Mr. Crighton advised, <br />No. About the money that has been retained - -Yes. In the E -6 Project <br />area now, we have enough money now. That is why we are withholding <br />payment at the request of the City Attorney. The retainage will cover <br />the subcontractors' bills and they are protected. We are withholding <br />one check for $11,347 and he has additional work amounting to approxi- <br />mately $10,000 that will be shortly owed to him that we will not make <br />payment on until the matter with the subcontractors is straightened <br />out. <br />Commissioner Wiggins asked if it would be in line with, not only our <br />responsibilities, but entitlements to advise the contractor at this <br />point that unless all these things can be straightened out by our <br />next Commission meeting that we will take action to remove him; that <br />would be on June 4th. Mr. Butler advised that it certainly is in line. <br />Mr. Gene Evans asked, "Is the money that is owed to the subcontractors <br />as a result of their work on contracts that have been awarded by this <br />Redevelopment Commission ?" Mr. Butler said it is not; this is in the <br />E -6 Project area; that is not the Commission's jurisdiction. As to <br />whether or not we are on good solid ground here withholding payment <br />that someone else has contracted, Mr. Butler advised that 'we' are <br />not withholding payments; again, it is not related to our contracts. <br />Commissioner Wiggins added what we are trying to determine here is <br />whether or not the man has sufficient responsibility that we can allow <br />him to go ahead with this other package that he was awarded in our <br />Southeast Community Development Program. <br />Mr. Crighton advised Mr. Schaller just reminded him-of-an additional <br />point, and that is we had an emergency situation on one of these <br />contracts that the Commission awarded the contractor and a Proceed <br />Order was issued on just the emergency item, with the agreement that <br />we would pay him -- although the contract was not formally approved <br />mm <br />
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