Minutes-8 /21/1984

Stevens: If we don't extend the contract, they'll owe us more money than we'll owe them. They'll owe us $5400.00 if they take until September 22nd. Baker: The tower has a one year guarantee regardless. But we don't want a stalemate with arguing back and forth. Spivey: The completion date is August 27th. It's their problem now. Who can we look to to make them work? Kobold: I wasn't here when this all started, but I agree with no more extensions. Motion Stevens second Spivey to deny request by Service Enterprise Corporation for 30 day extension to September 22, 1984 for completion of water tower project and to hold to original extention agreement for August 27, 1984. Roll call vote: Morgan, aye; Kobold, aye; Spivey, aye; Stevens, aye. Morgan: What about fixing the pits? Baker: We will not approve painting the tower until the pits are fixed. The contract specifications do not require them to repair the pits. That's the contract they bid on. The contractor is not obliged to do with work without being paid. Spivey: We've been midled by Shive-Hattery. Schneider: Kammerer said he did not make statement that pits would be repaired. He said that a tower consultant was brought in by the City and this is where statement came from. Baker distributed report by Master Tank Company who inspected tower before bidding process began. Clerk reported that she could not find a statement from Kammerer in the minutes that pits would be repaired for this price, although she remembers it that way. She did find a statement by Cox that Master Tank would repair pits for one bid price. Clerk read the motion on June 22, 1984 granting the first 30 day extension. Stevens: If we don't agree to the extension, does that mean they won't fix it right? Baker: We won't agree to something like that. But it could reach an impasse. Potter: It will cost them $100.00 per day for their procrastination. Stevens: The contract doesn't say they will repair pits. But there's no way they can finish the project without repairing the pits. Baker: We will not agree to painting over the pits without fixing them. They are working on the outside now.