[00:00:03]
ALL RIGHT, WE'LL GO AHEAD AND GET STARTED.WELCOME EVERYONE, UH, TO, UH, THE MONDAY DECEMBER 20, UH, DECEMBER 2ND, 2024, REGULAR SESSION OF LAKE JACKSON CITY COUNCIL, UH, AT, UH, 25 OAK DRIVE, LAKE JACKSON, TEXAS.
[PLEDGE OF ALLEGIANCE]
WE'LL BEGIN THE EVENING WITH PLEDGES, UH, GIVEN BY, LED BY, UH, MR. SONYA, THANK YOU TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, JUSTICE ROLE, HONOR, TEXAS FLAG.I PLEDGE TEXAS, ONE STATE UNDER GOD, ONE INDIVIDUAL.
THE INVOCATION DEC SEATING WILL BE, UH, PROVIDED BY COUNCILMAN BAKER.
YOU MUST HAVE ME, FATHER, JUST THANK YOU FOR THIS WONDERFUL DAY THAT YOU BLESSED US TO SEE.
AND, UH, THANK YOU FOR THE WONDERFUL, GREAT THANKSGIVING THAT WE WAS ALL FORWARD TO SEE AND SHARE WITH EACH ONE OF OUR FAMILIES.
EVEN THOUGH THE AGGIES DID NOT BEAT THE LONGHORNS, WE STILL GONNA PRAISE YOU ANYWAY,
BUT, UH, JUST BLESS US AS WE GO OUT FOR OUR MEETING.
JUST BE WITH US AND GIVE US STRENGTH, AND THAT WE'LL BE ABLE TO MAKE WISE AND GREAT DECISIONS FOR THIS GREAT CITY.
[PRESENTATIONS]
UH, NEXT TIME ON THE AGENDA IS PRESENTATION.UM, WE'RE HERE TONIGHT TO PRESENT YOU WITH AN UPDATE OF OUR, UH, SCHOOL DISTRICT ARRANGEMENT.
FOR THOSE OF YOU WHO NEED A QUICK REMINDER, THIS INVOLVES OUR PEG FUNDS THAT WE EARMARK FOR THE SCHOOL DISTRICT IN EXCHANGE FOR VIDEOS FOR OUR TV CHANNEL.
THIS IS THE SECOND YEAR THAT WE'VE BEEN WORKING WITH THE FREEPORT HIGH SCHOOL AND TEACHER ALEX MOLINA.
AND, UH, LAST YEAR THE STUDENTS DID THE TRICK OR TREAT OPEN HOUSE.
THEY DID A VIDEO ON FESTIVAL OF LIGHTS, WHICH I THINK YOU MIGHT REMEMBER, AND THEY ALSO DID A HISTORY VIDEO.
AND THIS YEAR THEY'VE STARTED DOING THEIR VIDEOS FOR THIS PART OF THE ARRANGEMENT, AND THEY FINISHED THEIR HALLOWEEN VIDEO.
AND SO TONIGHT WE'RE HERE TO SHOW YOU THAT VIDEO.
BUT BEFORE I DO, I WOULD LIKE FOR JASMINE BROOKS TO HELP ME SHOW THAT VIDEO AND INTRODUCE THE STUDENTS TO YOU.
ANYTHING COUNSEL? MY NAME IS JASMINE BROOKS, AND I WOULD JUST LIKE TO SAY THAT I AM VERY HAPPY TO HAVE GOTTEN THE OPPORTUNITY TO WORK ON THESE VIDEOS FOR Y'ALL.
IT HAS BEEN A GREAT OPPORTUNITY TO GET THE EXPERIENCE TO WORK WITH, UH, MY TEAM AND GET TO MAKE COOL STUFF.
UM, I PLAYED A ROLE AS THE MAIN DIRECTOR AND EDITOR IN MAKING THESE VIDEOS.
I'M TABATHA AND I DID THE RECORDING ALONG WITH SOME RECORDING AS WELL, SOME OF THE, UH, SCRIPT WRITING AND RECORDING.
ALL I DIDN'T EXPECT THEM TO DO THAT.
UM, I THINK, UH, WITH THAT, ANA, IF YOU CAN SHOW THE VIDEO, WHAT IS YOUR FAVORITE PART ABOUT TRICK OR TREAT? OOH, I LIKE TO SEE THE COSTUMES.
I REALLY LOVE THE CANDY 'CAUSE WHO DOESN'T LOVE CANDY? I LOVE SEEING HOW EVERYBODY DECORATES THEIR HOUSE.
IT'S THE FIRST TIME I'VE SEEN A BUCKY BEAVER
THIS IS MY FIRST YEAR HAVING A KID TRICK OR TREATING.
THE HOLIDAYS GET A LITTLE BIT MORE ECSTATIC WHENEVER YOU HAVE A KID.
SO JUST THE IDEA OF LETTING HIM SEE EVERYTHING AND SEE ALL THE LIGHTS AND BEING DRESSED UP.
IT'S REALLY FUN TO EXPERIENCE THAT.
EVERYTHING ABOUT EVERYTHING TO KNOW
I LOVE TO SEE ALL THE COSTUMES OF ALL THE LITTLE KIDS.
[00:05:06]
WHAT'S YOUR FAVORITE COSTUME YOU'VE SEEN SO FAR? I'M NOT SURE WHAT THE GREEN THING IN THERE WITH THE GIANT HEAD IS, BUT I LOVE IT.IT IS, ISN'T IT? FROM PLANTS VERSUS ZOMBIES.
I KNOW, OBVIOUSLY THIS LITTLE WITCH.
OH, WELL, IT'S TOO HARD TO DECIDE.
ALL OF THEM ARE SO CREATIVE AND SO GREAT.
UM, THERE WAS AN ADORABLE TACO.
THERE'S A KID DRESSED UP AS A TACO AND HE'S GOT LETTUCE ON HIS HAIR.
WHAT ARE YOU DRESSED AS TODAY? A UNICORN.
WHAT'S YOUR FAVORITE CANDY? UH, OOH, THAT'S TOUGH.
THE YELLOW ONE AND THE PURPLE ONE.
ANY OR ANYTHING? SOUR? UM, SWEET TARTS.
WHO SCHOOL WAS IT AT TAKEN? I'M SORRY? WHICH SCHOOL WAS THIS COME FROM? THE, THEY'RE FROM FREEPORT HIGH SCHOOL.
WAS IT THE, THE VIDEOS ARE FROM HERE.
OH, THE VIDEO FROM HERE? IT'S FROM OUR LIBRARY AND CITY HALL.
IT'S OUR, UM, ANNUAL TRICK OR TREAT OPEN HOUSE.
AND THEN ANDY WILL BRING ALL OF THE STU ALL THE KIDDOS OVER HERE.
SO THEY'RE ALL, UM, UNDER FIRST GRADE.
YOU RECOGNIZE OUR FINANCE DIRECTOR,
YOU GONNA RECOGNIZE OUR FINANCE DIRECTOR? YEAH.
SO I, BEFORE I SIT DOWN, I JUST WANNA SAY, UM, I THINK, UM, A LOT OF TIMES THE TEACHERS DON'T GET ENOUGH CREDIT FOR WHAT THEY DO WITH THE STUDENTS.
AND SO I DEFINITELY WANNA POINT OUT THAT, UM, ALEX MOLINA TEACHES THEM AND SHOWS THEM HOW TO DO THESE ANGLES AND HOW TO DO THIS KIND OF VIDEO STORYTELLING.
AND I'LL TELL YOU, WHEN I OPENED UP THIS PARTICULAR ONE, I IMMEDIATELY THOUGHT WITHIN THREE MINUTES OR THREE SECONDS, I SHOULD SAY, UM, THAT I REALLY NEED TO UP MY GAME BECAUSE THAT WAS A 100% PROFESSIONAL VIDEO.
YEAH, FEEL FREE, IF YOU WANT TO, Y'ALL CAN LEAVE AND FOR, IF YOU DON'T WANT, I MEAN, YOU'RE WELCOME TO STAY FOR THE WHOLE COUNCIL MEETING.
KEEP UP THE, KEEP UP THE GOOD WORK.
WE'VE GOT REALLY EXCITING STUFF.
ALRIGHT, WE'RE GONNA MOVE ON TO VISITOR'S COMMENTS.
THIS IS AN OPPORTUNITY FOR ANYBODY IN THE AUDIENCE THAT WOULD LIKE THAT TO ADDRESS COUNCIL ON AN ISSUE THAT'S NOT ON THE AGENDA, IS ANYONE THAT, UH, WOULD LIKE TO, I THINK IT'S ALL STAFF AND, UH, PRESENTERS.
DECLARATION OF CONFLICT OF INTEREST IS AN OPPORTUNITY WHERE ANY MEMBER OF CITY COUNCIL CAN DECLARE THEY HAVE CONFLICT OF INTEREST ON ANY ITEM ON EITHER THE CONSENT OR REGULAR AGENDA.
DOES ANYBODY NEED TO DECLARE A CONFLICT OF INTEREST?
[CONSENT AGENDA]
NOT HEARING ANY.WE'LL MOVE ON TO THE CONSENT AGENDA.
CONSENT AGENDA IS APPROVAL OF MINUTES OF NOVEMBER 18TH, 2024.
UH, ITEM TWO IS ACCEPT BOARDS AND COMMISSION MINUTES FOR THE LIBRARY AND KEEP LAKE JACKSON BEAUTIFUL.
ORDINANCE NUMBER 2 2 9 2 AMENDING CHAPTER 10, ANIMALS OF, UH, THE LAKE JACKSON CODE OF ORDINANCES PREVENTING CATS FROM RUNNING AT LARGE.
AND ITEM FOUR IS AWARD CONTRACT FOR SANITARY SEWER.
RE, RE REHABILITATION FOR LIFT STATION NUMBER 23 TO LIFT STATION NUMBER 24, UH, CITY PROJECT 24 11 16 65.
ANYBODY ON COUNCIL WOULD LIKE TO, UH, REQUEST ANY OF THESE ITEMS TO BE REMOVED? FURTHER DISCUSSION, NOT A HEARING.
ANY, I'LL TAKE A MOTION ON THE CONSENT AGENDA AS PRESENTED.
I HAVE A MOTION BY COUNCILMAN HANYA AND A SECOND BY COUNCILMAN BUELL.
[1. Discussion and presentation by MC2 Civil regarding the contract closeout and liquidated damages assessment by staff for the Downtown Revitalization Project, Phase 3. – Brian Manning]
[00:10:01]
MOVE ON TO REGULAR AGENDA.ITEM ONE, DISCUSS AND PR, UH, DISCUSSION AND PRESENTATION BY MC TWO, UH, CIVIL, UH, REGARDING THE CONTRACT, UH, CLOSEOUT AND LIQUIDATION DAMAGES AS ASSESSMENT BY STAFF FOR THE DOWNTOWN REVITALIZATION PROJECT NUMBER THREE.
MAYOR, CITY COUNCIL, MR. MANNING IS HERE TODAY, UH, WHERE A LITTLE STAFF HAS GONE OVER, UM, THE RETAINAGE AMOUNT AND, UH, THE LIQUIDATED, UM, DAMAGE, UM, DAMAGE APPLICATION ON OUR SIZE BY THE CONTRACT.
UM, THEY'VE, UH, DURING THAT TIME, THEY'VE HIGHLIGHTED, UH, SEVERAL OTHER DAYS FOR US TO TAKE INTO CONSIDERATION.
WE'VE AGREED TO A MAJORITY OF THEM, BUT THERE ARE STILL SOME THAT, UH, WE HAVE NOT AGREED TO.
AND SO RIGHT NOW WE ARE KIND OF A LITTLE AT A IMPASSE OF, UM, WE HAD LIQUIDATED DAMAGES AT 183.
WE'VE, IT'S GONE DOWN TO 108, UH, THOUSAND.
BUT THEN THEY WANTED, UH, TO MAKE, UH, THEIR CASE, UH, TO YOU THAT, UH, WE'VE DISCUSSED, UH, WITH STAFF.
AND I SAID THEY WERE MORE THAN FREE TO COME AND, AND TALK TO YOU.
AND THEN WE WOULD WAIT TO SEE, UH, AFTER YOU HEARD MR. MANNING, UH, IF YOU DIRECT THE STAFF TO RE UH, RECONSIDER AND LOOK AT IT, THEN WE WILL DO SO.
THANK YOU, UH, MAYOR, COUNCIL AND, UH, CITY MANAGER.
WE, WE APPRECIATE THE OPPORTUNITY TO PRESENT TO YOU, UH, THIS EVENING.
AND, UM, I'VE GOT, UH, RYAN SCHWARTZ WITH ME, WHO WAS THE PROJECT MANAGER ON THE, ON THE PROJECT.
UH, A LITTLE HISTORY ABOUT, UM, MY BACKGROUND.
SO YOU, SO YOU KNOW WHERE I'M COMING FROM.
UM, I'M BEEN IN THE BUSINESS ABOUT 34 YEARS.
UH, I'M AN ENGINEER BY, BY TRADE.
UM, WAS AN EXECUTIVE FOR A COMPANY CALLED STERLING CONSTRUCTION, WHICH IS A LARGE PUBLIC COMPANY THAT DOES ABOUT $6 BILLION IN, IN REVENUE, UM, NOW.
AND, UM, ABOUT 10 YEARS AGO, UH, PURCHASED A COMPANY CALLED, UM, MAIN LANE, AND WHICH IS A SUBSIDIARY OR A MC SQUARED CIVIL.
SO, UH, A LOT OF DIFFERENT BACKGROUND.
UM, ONE OF THE PROJECTS THAT I DID, UH, WHEN I WAS YOUNG AS A PROJECT MANAGER WAS THE LIGHT RAIL SYSTEM IN DOWNTOWN HOUSTON.
SO LOTS OF COMPLEXITY IN THE DIFFERENT PROJECTS THAT I'VE SEEN ACROSS, UH, MY, MY CAREER.
UM, WHY WE'RE HERE TODAY IS, UH, WE ARE AT, UH, AN IMPASSE.
UM, AND, UH, WANTED TO DISCUSS THAT WITH YOU, UH, FROM OUR PERSPECTIVE AS TO, UM, WHY WE FEEL LIKE WE'RE EN ENTITLED TO ADDITIONAL COMPENSATION FOR THE, THE PROJECT THAT, UM, UM, AND, UH, THE WHERE WE'RE AT AT DIFFERENCES, UH, IN ROUND NUMBERS IS THE, THE CITY WOULD LIKE TO CHARGE US A HUNDRED THOUSAND DOLLARS LIQUIDATED DAMAGES.
AND, UH, WE FEEL THAT WE'RE ENTITLED TO ABOUT $300,000 IN, UH, EXTENDED GENERAL CONDITIONS FOR THE CHANGE ORDERS THAT, UM, OCCURRED DURING THE COURSE OF THE PROJECT.
UH, SO, UM, THE, UH, THE CITY'S POSITION IS 150, UH, TOTAL ADDITIONAL DAYS, UM, THAT WERE AWARDED OUTSIDE THE, UH, MC C CIVILS CONTROL.
UM, LAKE JACKSON WOULD LIKE TO, UH, CHARGE $108,000 IN, IN LIQUIDATED DAMAGES.
AND, UM, WE, UM, WE STILL HAVE $273,000 OUTSTANDING THAT THAT IS DUE TO, UM, MC TWO CIVIL UNDER THAT SCENARIO, UM, WITH THE $108,000, UH, LEFT OUT.
UM, AND, UM, SO, UH, FOR MC TWO CIVIL SIDE, WE'RE LOOKING FOR 251 ADDITIONAL DAYS OUTSIDE OF, UH, OUR CONTROL.
UM, AND, UM, 305,000 IN EXTENDED GENERAL CONDITIONS.
AND THE FULL FINAL RETAINAGE OF 381,000, UH, BE, UH, BE AWARDED TO MC TWO CIVIL.
UM, THERE'S THREE AREAS OF, OF, UH, CONCERN ON THE, ON THE PROJECT OR WHERE WE FEEL LIKE WE'RE ENTITLED TO.
THIS IS THE ADDITIONAL WORK THAT WAS REQUIRED.
UM, UH, LATE RESPONSES ON, UH, RFIS OR NO RESPONSES TO RFIS AND, UM, UH, DESIRE R PARDON ME, RFI BEING, OH, I'M SORRY, A REQUEST FOR INFORMATION.
AND THEN, UM, THE OWNER'S SCHEDULING REQUIREMENTS.
SO UNDER ADDITIONAL WORK, UM, THERE WAS A SIGNIFICANT INCREASE IN STORM SEWER, UM, SCOPE ON THE, ON THE JOB, UM, UH, ON THAT WAY.
UM, ON THE NORTHERN PART OF THE PROJECT, UH, 45 CHANGE ORDERS, WHICH IS AN EXTRAORDINARY AMOUNT OF CHANGE ORDERS FOR A PROJECT OF,
[00:15:01]
UH, THIS SMALL MAGNITUDE SEVEN AND A HALF MILLION, UH, DOLLAR PROJECT, ROUGHLY AND 45 CHANGE ORDERS WERE A, UH, QUITE A FEW TO WORK THROUGH.AND THOSE 45 CHANGE ORDERS, IN OUR OPINION, DISRUPTED OUR SCHEDULE.
WE WERE NOT ABLE TO WORK EFFICIENTLY.
SO THERE'S ANO A LOT OF DAYS THAT WE WERE ACTUALLY DOWN HERE AND WORKING, BUT NOT ON CRITICAL PATH ITEMS, WHICH WOULD'VE ADVANCED THE PROJECT THROUGH THROUGHOUT THE, UM, UH, THE COURSE OF THE PROJECT AND, AND ALLOWED US TO FINISH EARLIER.
UM, UNDER RESPONSE TIME, IT WAS, UM, DIFFICULT.
UM, AND, UH, THE ENGINEER OF RECORD KIMLEY HORN, UH, AT, AT SOME POINT, UM, UH, OCTOBER OF 2022, WE WERE INSTRUCTED NOT TO COMMUNICATE, UH, WITH THE, UM, ENGINEER.
I'M NOT SURE IF THEY WERE FIRED OR IF THEY WERE, UM, OR TAKEN OFF THE PROJECT OR, OR THE, HOWEVER THE COMMUNICATION GOT CHANGED AT THAT POINT.
BUT THAT DISRUPTED OUR ABILITY TO, TO GET ANSWERS AND, AND CLEAR CLARIFICATION IN THE FORM OF REQUEST FOR INFORMATION, UM, AND, UH, ALLOW US TO, UH, CONSTRUCT OUR WORK, UH, IN A, IN A LOGICAL PHASE.
UM, UH, THE CRITICAL PATH, UH, ON, ON SEVERAL OCCASIONS WAS, UM, WAS DISRUPTED.
ONE OF THE, ONE OF THE HANDOUTS THAT WE HAD IS THE, UH, THE CRITICAL PATH SCHEDULE AND, AND, UH, UH, I'LL, I'LL PASS THESE AROUND A LITTLE BIT LATER, AND WE CAN GET INTO THE ACTUAL DELAYS THAT WE ENCOUNTERED THROUGHOUT THE COURSE OF THE PROJECT.
BUT ON HERE, ESSENTIALLY WE SHOW IN BLUE THE REGULAR PROGRESSION OF THE SCHEDULE, AND THEN THE DELAYS THAT, UH, WE FELT LIKE, UH, WERE ENCOUNTERED.
THESE WERE PRESENTED BEFORE TO THE, TO THE CITY MANAGER AND, UH, IN A MUCH LARGER FORMAT, A BOOK FORMAT WHERE WE HAD, UH, UM, QUITE A, QUITE A BIT OF JUSTIFICATION FOR, UM, WHAT WE FELT LIKE WE WERE ENTITLED TO.
UM, SO AS, AS WE PROGRESSED, UM, IT WAS DIFFICULT FOR, TO GET SUBCONTRACTORS OUT UNDER THE JOB AS WELL, BECAUSE TYPICALLY WE HAVE TO HAVE DEFINED SET OF, UH, CONTRACT DRAWINGS FOR THEM TO PROCEED, ORDER THEIR MATERIALS AND DO THEIR WORK.
UH, AND THAT WAS, UH, PART OF THE DELAY, ESPECIALLY TOWARDS THE END WITH THE, UM, WITH THE, UH, THE CONTRACTOR THAT WAS DOING THE LANDSCAPING.
THERE WAS NO ELECTRICAL TO, UH, UH, ALLOW FOR IRRIGATION OF THE LANDSCAPING, SO THE LANDSCAPER WOULDN'T COME DOWN AND PLANT PLANTS WITHOUT HAVING THAT.
AND THAT WAS SOMETHING THAT WAS AT THE VERY END OF THE PROJECT.
UM, SO A LOT OF, UM, A LOT OF BACK AND FORTH.
UM, MC SQUARED HAD, UM, GONE TO THE OWNER AT THE END OF THE PROJECT AND, UM, OR AT VARIOUS TIMES THROUGHOUT THE PROJECT, UM, PROCESS CHANGE ORDERS.
AND THEN, UM, THE DAYS WERE ALWAYS SAID, OH, WE'LL DISCUSS THOSE LATER.
WE'LL DISCUSS THOSE, THOSE LATER.
SO WE HAD WRITTEN ON EACH, EACH CHANGE ORDER THAT WAS PROCESSED, UM, THAT THESE THINGS WOULD, YOU KNOW, WERE, WE TALKED ABOUT THE TIME IMPACT DELAYS AS WE WENT ALONG.
AND THEN, UM, WHEN WE GOT THROUGH WITH THE PROJECT, THEN IT WAS THEN IT WAS ALL TALKING ABOUT THE, ABOUT THE DAYS.
UM, WE FEEL LIKE THE PROJECT WENT VERY, UH, WELL, FROM THE STANDPOINT OF WHAT YOU SEE OUT THERE TODAY, I THINK, UH, IT, IT'S A JOB THAT WE CAN, WE CAN ALL BE PROUD OF.
IT'S JUST A MATTER OF CLOSING OUT THE CONTRACT AND, UM, COMING TO A SETTLEMENT ON THE, THE ACTUAL DOLLARS.
UM, I'VE, THROUGHOUT MY CAREER HAVE ALWAYS, AND THAT'S WHY THE REASON THAT WE'RE HERE TODAY TO TALK TO YOU.
I HAVE ALWAYS TRIED TO, UM, WORK, WORK THINGS OUT.
IT'S, UH, BEEN VERY RARE THAT WE'VE GOTTEN INTO ANYTHING, UH, FROM A, UH, LEGAL STANDPOINT BECAUSE WE'VE ALWAYS BEEN ABLE TO PRESENT OUR CASE.
UH, AND, AND, UM, WE TYPICALLY, UH, MAKE OUR MONEY BY MOVING A PROJECT ALONG.
UH, IN, UNDER THE SCHEDULING, WE PRESENTED A NUMBER OF DIFFERENT SCHEDULES WHERE WE WOULD, UM, BRING MULTIPLE CREWS AND, UM, SHOWED THE IMPACT OF JUST DOING ONE CREW.
THERE WAS DIFFERENT AREAS WHERE WE COULD NOT WORK ON THE JOB IN NOVEMBER AND DECEMBER IN PARTICULAR.
AND, UM, YOU KNOW, IT'S LOVELY DOWN HERE.
WE, WE DROVE AROUND AND LOOKED AT THE PROJECT AND, UM, AND ALL THE CHRISTMAS LIGHTS, WE, WE KIND OF UNDERSTAND THAT.
UM, BUT WE WERE ALSO, UM, DELAYED ENOUGH WHERE WE COULD HAVE COMPRESSED THE TIME PERIOD IN ORDER TO COMPLETE ON TIME.
SO THESE ARE THE, THE THREE MAIN REASONS THAT WE'RE, YOU KNOW, UH, COMING TO YOU AND, AND, UH, WANT TO HAVE A REASONABLE DISCUSSION ABOUT CONTRACT CLOSEOUT.
AGAIN, WE'RE STILL OUT, UM, QUITE A BIT OF MONEY IN, UM, IN AS A COMPANY, AND, UM, WE'RE JUST LOOKING FOR A PEACEFUL RESOLUTION TO THE OVERALL, UH,
[00:20:01]
DISCUSSION.WHAT ARE SOME OF THE CHANGE ORDERS THAT, UH, THAT YOU HAVE A LARGE NUMBER OF 45 CHANGE ORDERS? SO CAN YOU GIMME AN EXAMPLE OF SOME OF THE CHANGE ORDERS THAT YOU'RE TALKING ABOUT? I'LL, I'LL LET RYAN SPEAK TO THAT A A LITTLE BIT.
UH, ONE OF THE SIGNIFICANT ONE WAS, WAS THE STORM SEWER THAT I MENTIONED.
SO I, AND, AND THEY RANGE FROM LARGE NUMBERS TO TO, TO SMALLER ONES, DOING TEMPORARY U-TURN LANE, THINGS OF THAT NATURE.
UH, WE HAD A REDESIGN ON THE NORTH PARKING RETAINING WALL.
UH, SO THAT, THAT WAS A CHANGE ORDER THERE.
UM, UH, THE, THE ELECTRICAL SYSTEM TO GET POWER TO THE IRRIGATION, THAT WAS AN ANOTHER CHANGE ORDER.
UM, SO I, I WOULD HAVE TO, TO RUN THROUGH THE LIST, BUT, UH, THERE, THERE'S 45 OF THEM THAT WERE AGREED ON.
I MEAN, YOU CAN'T TELL ME, I MEAN, THAT WAS THE ONLY ONES THAT YOU CAN TELL OUT OF 45.
I MEAN, I THOUGHT SOMETHING WOULD STICK OUT.
I MEAN, THAT YOU CAN COME HERE AND TELL ME ABOUT, I MEAN, I MEAN THAT, YOU'D BE PROUD TO SAY THAT IN THE CONTRACT THERE WAS, UH, THEY HAD TWO DIFFERENT PAGES WITH JOINING LAYOUTS ON IT, SO WE ENDED UP HAVING TO REDO THAT.
UM, THERE, THERE WAS, UH, ADDITIONAL DAYS FOR, UH, HARDSCAPE REDESIGN.
UM, THE, THE WHOLE LANDSCAPING CHANGED, UH,
UM, THERE WAS STORM SYSTEM ON CIRCLE WAY THAT ENDED UP HAVING JUNCTION BOXES WITHIN THE PAVING.
SO THAT WAS CHANGED ON THE WEST SIDE.
AND THERE WAS ADDITIONAL CHANGES ON THE EAST SIDE OF THE STORM SYSTEM AS WELL.
HARDSCAPES AND THE BENCHES, HARDSCAPE ON THE BENCHES.
UM, UH, THE BODEGA DRIVE THAT WAS THAT COM LOOKS COMPLETELY DIFFERENT NOW THAN WHAT WAS IN THE PLANS.
UM, SO I
UH, AND SPECIFICALLY WE'RE TALKING ABOUT DAYS HERE AND THE, AND THE EFFECT THAT, THAT HAD ON, UH, OUR MOBILIZING DOWN HERE FOR ON, ON SEVERAL DIFFERENT OCCASIONS, WORKING INEFFECTIVELY.
SO THAT PART OF THE DISCUSSION, UM, WHILE, UM, WE WERE ALLOWED SOME DAYS FOR, FOR WEATHER, UM, WE'RE STILL QUITE A BIT APART ON THE NUMBER OF TOTAL DAYS.
SO NORMALLY DURING THE PROJECT, ANY CHANGE ORDER THAT'S SUBMITTED, YOU GET A REQUEST BACK SIGNED REQUEST, THE OWNER ACCEPTING A CHANGE ORDER.
DO YOU HAVE DOCUMENTATION AS THE OWNER ACCEPTED THOSE CHANGE ORDERS BEFORE YOU? UH, WELL, THE, THE ACCEPTANCE WOULD'VE BEEN IN THE FORM OF, OF PAYMENT, BUT ON EACH DOCUMENT WE, UM, EXPRESSED THE CONCERN ABOUT THE, THE DAYS, AND WE, WE SAID WE, WE DIDN'T AGREE TO THE, THE NUMBER OF DAYS OR THE EXTENDED GENERAL CONDITIONS, BUT THEN, UH, PAYMENT CAME BACK IN THE, UH, FROM THE, FROM THE OWNER TO THE CONTRACTOR.
UM, SO THERE, THERE WAS SOME SORT OF, UM, YOU KNOW, IT WASN'T A, IT WASN'T A FINAL SETTLEMENT OF EACH CHANGE ORDER.
IN MY PREVIOUS LIFE, I MANAGED A LOT OF CONTRACTS, YOU KNOW, CONSTRUCTION CONTRACTS, ANY CHANGE ORDER HAS TWO PLACES.
THE SIGNATURE, THE, THE CONTRACTOR, YES, SIR.
PENDING CHANGE ORDER, AND THE OWNER ACCEPTED THE CHANGE ORDER YES, BEFORE ANY WORK TO BEGIN.
UNTIL THEN IT'S, YOU KNOW, IT'S NOT, IF IT'S NOT ACCEPTED, THEN IT'S A WHOLE DIFFERENT GAME.
SO A LOT OF THINGS FOR THIS PARTICULAR PROJECT WITH THE, WITH THE ENGINEER ESSENTIALLY BEING OUT OF THE PICTURE IN THE, IN THE MID-CONTRACT, UH, A LOT OF THINGS WERE DECIDED IN THE, IN THE FIELD, EVEN THOUGH WE HAD A SET OF PLANS WITH A JOINT LAYOUT PLAN OR SOMETHING LIKE THAT, THEY, THEY WOULD NOT, UM, HAVE A LAY IT OUT IN THAT PARTICULAR MANNER.
SO A LOT OF THINGS ON THIS PARTICULAR CONTRACT, AND THAT'S WHY I, I MENTIONED SOME OF MY EXPERIENCE ON PREVIOUS CONTRACTS, UM, OR, UH, MY, MY HISTORY, THIS WAS EXTRAORDINARY FOR US, FOR, FOR A JOB OF THIS SIZE, THAT MANY CHANGE ORDERS.
UH, AND, UM, THE, THE UNDERSTANDING WAS DAYS WERE ALWAYS GONNA BE NEGOTIATED AT THE END OF THE END OF THE PROJECT.
OBVIOUSLY, WE ARE NOT IN AGREEMENT ON THE NUMBER OF DAYS THE SCOPE HAS, WHEN WE HAVE THE SCOPE OF THE PROJECT, EITHER DEFINES THE SCOPE OF THIS SCOPE IS UNCLEAR, THEN IT HAS SOME VERBIAGE IN THERE THAT, YOU KNOW, UH, CERTAIN MARK ABOUT SCOPE DISCOVERIES WILL BE PAID, YOU KNOW, AGREED UPON, YOU KNOW, AS THEY ARE DISCOVERED.
SO YOU HAD TO HAVE SOME KIND OF DOCUMENTATION RATHER THAN WAITING TILL THE END OF THE PROJECT AND SAY, HEY, THESE ARE THE 45 CHANGE ORDERS AND WE NEED, UH, SO AS EACH, AS EACH CHANGE ORDER WAS
[00:25:01]
PRESENTED, IT WAS PRESENTED WITH DAYS ASSOCIATED WITH IT.UM, AND THEN THE RFIS, WHILE WE WOULD BRING UP THE MATTER TO THE CITY, THE CITY, UM, WOULD NOT, WOULD NOT, UM, NECESSARILY, UH, REPLY, UH, TO THE RFIS.
AND WE GET 'EM IN VARYING EITHER VERBAL OR, UM, OR IN THE FORM OF AN EMAIL OR SOMETHING LIKE THAT.
SO A LOT OF THINGS WERE DIFFERENT FOR, FOR US IN DEALING WITH THIS CONTRACT, BUT WE TRIED TO PROGRESS THE PROJECT THE BEST WE COULD, GIVEN THE CONDITIONS.
WHY WERE THEY ASKED NOT TO SPEAK WITH THE, WITH KIM KIMBERLY HORN? UH, WITH KIMBERLY HORN, UH, SAL, AND CORRECT ME IF I'M WRONG, UH, IT JUST, OUR BUDGET, YOU KNOW, THEY HIT THEIR ALLOTMENT ON THEIR BUDGET.
SO WE STARTED TO ANSWER, YOU KNOW, THE QUESTIONS AND WE WERE IN THE FIELD.
AND SO A LOT OF THE QUESTIONS WERE FIELD CHANGES THAT THE ENGINEER JUST WASN'T HERE EVERY DAY AND COULD ANSWER 'EM.
SO THERE WAS A LOT OF QUESTIONS THAT STAFF FELT THAT WE COULD BETTER ANSWER THEM BECAUSE THEY WERE FIELD QUESTIONS, AND EDDIE WAS THERE EVERY DAY.
AND THEN, AND THEN SAL WOULD, SO WE WERE ANSWERING THE QUESTIONS TIMELY.
UH, I GUESS THAT'S GONNA BE A MATTER OF DISAGREEMENT.
DISAGREEMENT THERE OF, YOU KNOW, WHAT, YOU KNOW, WHAT'S TIMELY ON EACH OTHER'S, YOU KNOW, RADAR.
THAT'S WHY IT'S ALWAYS CLEANER WHEN YOU HAVE A DOCUMENT, A CHANGE ORDER, AND YOU SIGN OFF ON THE CHANGE, THEN THERE IS NO AMBIGUITY.
YOU KNOW, HERE IT IS, THIS IS WHAT'S GONNA COST YOU, YOU AGREE, WE'LL DO IT.
IF YOU DON'T AGREE, WE'RE NOT GONNA DO IT.
THE BIGGEST, CORRECT ME IF I'M WRONG, UH, RYAN, A LOT OF, A LOT OF TIMES THE CHANGE ORDERS WOULD HAPPEN AFTER THE, AFTER THE FACT.
IN, IN ORDER FOR US TO PROGRESS THE PROJECT, WE WOULD JUST, WE WOULD KEEP MOVING IT FORWARD.
SO I DON'T THINK IT WAS A, IT WAS A, IT WAS A QUESTION OF THE, THE DOLLAR AMOUNT, UH, FOR THE ACTUAL CHANGE.
IT WAS A, YOU KNOW, THOSE THINGS WERE AGREED TO, BUT THE EXTENDED GENERAL CONDITIONS, THE AMOUNT OF TIME THAT IT TOOK THE, THE CONTRACT, UM, BUT ULTIMATELY IT DOES COME DOWN TO THE DOLLARS ASSOCIATED TO EACH ONE.
YEAH, THAT'S A TRUE, YOU KNOW, YOU MENTIONED DISCOVERIES OF DRAINAGE, OF COURSE, YOU KNOW, SO, YOU KNOW, UH, THAT SHOULD BE PART OF THE PROJECT WHEN YOU'RE DOING THAT KIND OF PROJECT THAT, YOU KNOW, THERE ARE GOING TO BE DRAINED ISSUES.
SO WHEN YOU ARE BIDDING THAT KIND OF JOB, YOU PROBABLY HAVE SOME TYPE OF, UH, CONTINGENCY BUILT INTO IT.
UH, I, I THINK, UH, CONTRACTORS USUALLY HAVE CONTINGENCIES BUILT IN, BUT OUR NORMAL CONTRACT OF THIS SIZE HAS TWO OR THREE CHANGE ORDERS, NOT 45.
WELL, DEFINING THE CHANGE ORDER IS, YOU KNOW, WHAT YOU MAY BE DEFINING AS A CHANGE ORDER IS REALLY NOT NECESSARILY A CHANGE ORDER.
I MEAN, YOU JUST SAID 45 AND THEN, UH, COUNCILMAN ASKED YOU AND YOU DESCRIBED SIX OF 'EM.
SO, UH, IT'S, IT IS NOT CLEAR TO ME THAT WHAT, WHAT, WHAT CONSTITUTES A CHANGE ORDER AND HOW THE CHANGE ORDER WAS HANDLED, UH, BECAUSE THAT'S WHY WE ARE HERE TODAY TALKING ABOUT, UH, MAYBE YOU TRY TO, UH, LIKE YOU SAID, YOU WANTED TO MOVE THE PROJECT ALONG, SO YOU WANTED TO GET IT DONE, GET PAID, AND, AND WE WANT TO GET THE PROJECT DONE.
BUT IN, IN ANY CASE, UH, WE HAD AN IMPASSE BECAUSE OF, UH, LACK OF PROPER DOCUMENTATION.
MR. MAY JUST ASK A QUESTION, JUST, UH, WHERE WE'RE STUCK, WHETHER WE HAD A DIFFERENCE IN OPINION.
IS IT ON BIG CHANGE ORDER ITEMS OR ACCUMULATION OF A BUNCH OF LITTLE BITTY ONES? ACCUMULATION IS ACCUMULATION? BECAUSE YOU MENTIONED THE ONE ABOUT THE, THE, UH, SHUTDOWN FOR BASICALLY THE CHRISTMAS HOLIDAYS AND STUFF THAT WE REQUESTED AND THAT YOU HAD, THAT Y'ALL HAD RECOMMENDED.
I THINK WHAT I HEARD FROM YOU JUST NOW, YOU SAID THAT Y HAD RECOMMENDED, WELL, WE COULD, UH, PUT MORE FORCES AT IT AND SQUEEZE IT IN AND GET IT DONE BEFORE THOSE HOLIDAYS.
IS THAT CORRECT? OR WHERE WERE WAS Y'S FEELINGS ON THAT PART? I THINK PART OF IT SPAN SPANNED, UM, THE HOLIDAYS AS WELL.
FOR US TO FINISH WITHIN CONTRACT TIME, WE PROVIDED A SCHEDULE OF TWO CREWS, BUT THAT WOULD'VE BEEN WORKING IN THOSE ZONES, UM, BECAUSE ALL RECOMMENDED WE DID NOT, I THINK YOU USED THE COMPRESSED CIRCLE AWAY IN THE PARKING.
SO I THINK WE WOULD'VE DONE, UM, AT THE TIME IT WAS, UH, THAT WAY AND THEN A NORTH PARKING FROM, FROM MY OBSERVATION OF JUST WHAT I HEARD AND HOW I WAS OUT IN THE FIELD.
'CAUSE I WAS OUT IN THE FIELD AND SEEING HOW THINGS WERE PROGRESSING AND NOT PROGRESSING, WAS THAT ONE OF THE CONCERNS WAS, IS THAT, I KNOW I HAD, WAS IS THAT, I DON'T KNOW THAT Y'ALL, FROM WHAT I WAS SEEING IN THE FIELD AND WHAT WAS GOING ON, I DIDN'T FEEL COMFORTABLE THAT, THAT Y'ALL COULD SPEED THINGS UP AND CLOSE THE PROJECT OUT BEFORE THAT HOLIDAY SEASON.
AND JUST AN EXAMPLE IS, I MEAN, I WOULD GO OUT THERE ON DAYS WHEN YOU, YOU KEEP ON TALKING ABOUT LANDSCAPING, OKAY? I GO OUT THERE ON DAYS AND I WOULD SEE A CREW OF FOUR OR FIVE GUYS
[00:30:01]
SHOW UP, AND THEY'RE SUPPOSED TO BE GETTING THE, THE DIRT OFF THE ROAD BACK INTO THE FLOWER BEDS.OKAY? SO I SEE THREE GUYS STANDING AROUND AND ONE GUY WITH A SHOVEL, AND INSTEAD OF USING A BROOM TO SWEEP IT UP, HE WAS HAVING TO USE A SHOVEL TO SCRAPE DUST OFF THE CUT.
SO HE SPENT THE WHOLE DAY SCRAPING DUST WITH A SHOVEL.
SO WHERE WAS THE, YOU KNOW, I'M SURE IT'S A SUB.
SO I THINK YOUR SUBS CREATED A LOT OF THE PROBLEMS FOR US.
I KNOW WE HAD SUBS THAT SHOWED UP AND THEY SAID, HEY, WE CAN'T COME IN AND DO YOUR PAVERS, OR WHATEVER IT WAS, BECAUSE IT'S, YOU KNOW, EVERYBODY'S GOT COVID.
AND SO WE LOST DAY, WE LOST DAY.
SO I DON'T KNOW IF THAT'S PART OF THE EQUATION OF, OF THAT'S SOMETHING YOU'RE EXPECTING US TO PAY FOR, OR, OR YOU'RE GONNA TAKE, TAKE THE HIT ON IT.
UH, YES, BODEGAS, WE CHANGED THE, UH, THE DRIVEWAY ON IT.
THAT SHOULD HAVE BEEN A CLEAN CUT.
THIS IS WHAT IT'S GONNA COST, IS HOW MANY DAYS IT'S GONNA TAKE.
UM, YOU KNOW, I I, I CAN SIT HERE AND I CAN TALK ABOUT, YOU KNOW, SEVERAL DIFFERENT THINGS THAT I JUST, I JUST SAW THAT I DIDN'T SEE, ESPECIALLY AS LONG AS THIS THING MOVED ON AND WE GOT INTO SOME OF THE SUBS.
THERE WAS NO EMPHASIS TO CLOSE OUT THIS PROJECT.
I MEAN, WE HAD, WE HAD SITUATIONS WHERE WE COULDN'T OPEN UP, YOU KNOW, YOU'RE TALKING ABOUT, WE, WE CHANGED THE PATTERN ON STREETS.
WELL, PART OF THE PROBLEM WAS ALSO AS ON OUR SIDE WAS, IS THAT YES, YOU HAD THE STREET POURED, BUT WE COULDN'T OPEN UP THE STREET BECAUSE WE PUT, COULDN'T PUT CURBING IN BECAUSE YOUR SUB WOULDN'T COME OUT UNTIL THEY HAD SO MANY LINEAR FEET OF CURBING THEY HAD TO PUT IN.
THEY WOULD WOULDN'T COME IN FOR SHORT SECTIONS.
IS THAT MY PROBLEM? OR IS THAT YOUR PROBLEM? IT'S YOUR PROBLEM BECAUSE, BECAUSE YOUR CON SUB DID NOT COME IN AND DO THE WORK IN A TIMELY MATTER SO THAT WE COULD OPEN THE STREETS UP SO THEN YOU COULD GO WORK ON THE OTHERS.
SO THERE'S A COMBINATION OF, OF ISSUES HERE.
AND I DON'T THINK THE CITIES DESERVES TO TAKE ALL THE HIT ON THIS.
AND, AND, YOU KNOW, I DON'T KNOW WHAT THE DIFFERENCES ARE, AND WE'LL FIND OUT BECAUSE WE'LL TALK TO STAFF.
UH, BUT YOU KNOW, HERE WE'RE, WE'RE HERE TO HEAR YOUR STORY AND YOUR SIDE OF THINGS AND WHY YOU THINK THAT, UH, YOU SHOULD SEE MORE.
UH, BUT YOU KNOW, AGAIN, LIKE A STORM SEWER, I MEAN, IT'S AN OLD CITY AND WE'RE OPENING IT UP AND, YOU KNOW, WE DON'T KNOW WHERE GAS LINES ARE.
WE RAN INTO A GAS LINE ISSUE AND ALL THOSE TYPE OF THINGS, DRAWING SHOWS IT'S HERE AND IT'S ACTUALLY OVER THERE TYPE STUFF, OR IT'S, IT'S THIS PIPE OR IT'S THAT PIPE AND ALL THIS KIND OF STUFF.
SO THOSE ARE THINGS YOU RUN INTO ON PROJECTS LIKE THIS.
BUT, AND I'M SURE YOU'RE AWARE OF THAT, BUT AGAIN, CORRECT ME IF I'M WRONG, THE, THE DISCREPANCY WE HAVE RIGHT NOW HAS NOT BEEN ON COST FOR A RFI ITEM.
IT'S ON DAYS OUTSIDE OF ONE ITEM.
I'VE HEARD WHERE WE HAVE THE DEBATE ON THE PLANS WAS THE CONCRETE UNDER THE PAPERS.
THAT WAS THE ONLY ONE WHERE I'VE HEARD WHERE THERE WAS AN ACTUAL COST, UH, COMPONENT, UH, ON THAT.
BUT EVERYTHING ELSE HAS BEEN, HAS BEEN DAYS.
IS THERE ANY DISCREPANCY THAT WE, I I HAVE NOT BEEN AWARE OF ONE ON ANY OF THE 4 45 CHANGE ORDERS FOR COST? AM I CORRECT OR? YEAH, THAT'S CORRECT.
AND SO HOW MANY DAYS ARE WE, UM, A PART THAT THEY'VE REQUESTED THAT WE DID NOT AWARD? WE, WE FINALLY, WE ARE CHARGING 216 DAYS THAT WE'RE APART.
THAT WE'RE APART, YEAH, 216 DAYS.
BUT THE ISSUE IS BECAUSE THE CONTRACT SPECIFIED LIQUIDATED DAMAGE.
SO WE ARE GOING ON THE CONTRACT, $500 PER DAY, LIQUIDATED DAMAGE THAT COMES TO $108,000.
MC TWO CAME UP WITH THEIR OWN LIQUIDATED DAMAGE AND SAID, NO, IT'S GONNA BE $1,700 BECAUSE WE HAVE OVERHEAD COSTS.
ALL THOSE THINGS, WHICH WE DIDN'T COMPLETELY AGREE WITH IT.
LIQUIDATED DAMAGE GOES BOTH WAY.
IF I DELAY YOU, I WILL PAY YOU $500 AND YOU CAN CHARGE ME $500.
AND SO OF THE PROJECT STARTED IN JANUARY 3RD, 2022.
IT FINISHED IN MARCH 26TH, 2024.
SO TOTAL DAYS IT TAKES 812 DAYS.
THE INITIAL CONTRACT WAS 375 DAYS.
WE GIVE 81 DAYS FOR WEATHER DELAYS, AND THEN WE GIVE ANOTHER 231 DAYS, UH, BECAUSE OF ALL THESE ISSUES.
SO WE END UP IN SETTLING 216 DAYS TIMES $500, 108,000.
SO THE ISSUE WHERE WE'RE PART IS A LITTLE BIT ON THE NUMBER OF DAYS, BUT IT'S ACTUALLY, IT'S WHAT THE COST SHOULD BE VERSUS 500 A DAY VERSUS
[00:35:01]
1700.SO THEY SIGNED A CONTRACT THAT SAID $500 MM-HMM,
SO WHY DO YOU THINK YOU NEED $1,700 VERSUS 500 IF IT WAS A CONTRACT YOU SIGNED? SO THERE, THERE'S A, THERE'S A, UM, SHE SCROLLED THROUGH THE HIGHLIGHTED YELLOW, UH, PORTION OF THE, OF THE LETTER THAT, THAT I WROTE.
UM, AND, UM, IT, IT, IT TALKS TO THIS, UH, THAT THE CONTRACT, UM, DOES NOT, UH, FOLLOW TEXAS LAW ESSENTIALLY.
UM, WHEREIN, UM, UH, THERE'S A, THERE'S A, UM, THERE'S A REQUIREMENT AND, AND I THINK MR. UM, MUNOZ, UM, RE REPLIED AFTER THIS LETTER, UH, TO JUSTIFY THE, THE DOLLAR, UM, DOLLAR AMOUNT THAT, UM, THEY WERE CLAIMING IN, IN, UH, LIQUIDATED DAMAGES.
NOW, UM, CERTAINLY IT COST US MORE TO COME, COME DOWN HERE.
I DIDN'T READ IT THE SAME WAY THAT, UM, WAS, IT WAS JUST DESCRIBED AS, AS FAR AS THE EXTENDED GENERAL CONDITIONS, OUR CONCERN THAT IT'S A COST TO COME, UH, TO, UH, BRING, UH, MOBILIZE CREWS AND, AND WORK EFFECTIVELY.
UM, AND TO ONE OF YOUR EARLIER COMMENTS ABOUT, UM, UH, YOU KNOW, THE TIME AND THE CURB AND, UM, THERE WERE, THERE WAS ALSO DIFFERENCES IN, IN, UM, ALLOWING US TO GET ON THE CONCRETE ONCE IT WAS CURED.
UM, THEY WERE, UM, REQUIRING US TO WAIT TO, TO, UH, ACHIEVE 4,200 PSI AND, UM, WHO'S THEY? WHICH IS EXCESSIVE WHO? THE CITY.
UH, AND SO, SO THAT WOULD DELAY OUR ABILITY TO COME DOWN AND, AND WORK EFFECTIVELY MORE MOBILIZATIONS FOR THOSE, THOSE SUB CREWS THAT YOU WERE TALKING ABOUT WOULDN'T COME OUT UN UNLESS THEY HAD A, A LENGTH TO DO.
UH, IT JUST WASN'T EFFECTIVE FOR THEM TO, UH, TO DO THAT.
UM, AND, AND ALSO WE DID, WE DID PRESENT SCHEDULES TO, UM, TO SHOW, UH, WHERE WE COULD, WHERE WE COULD MAKE THINGS UP.
UM, SO, UM, THAT'S, UM, ESSENTIALLY WHERE WE'RE A PART IS ON THOSE, THOSE DAYS AND THE COST FOR THOSE FOR THOSE DAYS.
SO THE CONTRACTOR SPECIFY WHAT STRENGTH CONCRETE THERE'S GONNA BE UNDER THE ROAD, RIGHT? THE CONTRACT, UM, YEAH, THE SCOPE OF WORK SHOULD, SHOULD CLARIFY THAT.
TYPICALLY IT'S 3,500 PSI AND THEN WE, WE NEVER SAW A 4,200, UH, PSI IN THE CONTRACT.
I THINK IF YOU GO BACK AND LOOK IT, IT STATES 4,200.
WOULD THAT JUST BE, AND IF, IF, IF THE INITIAL CONTRACT THAT STATED THE $500 PER DAY OF LIQUIDATED DAMAGES DOESN'T FOLLOW TEXAS LAW AND YOU'RE VERY EXPERIENCED, WHY DID YOU SIGN IT? UH, THERE'S A LOT OF STANDARD CONTRACTS THAT WOULD, THAT, UM, YOU KNOW, THAT WE WORK, WORK THROUGH.
AND I MEAN, YOU CAN'T JUST GO BACK AFTER THE FACT AND JUST PICK A NUMBER.
I MEAN, IT'S PARTICULARLY IF YOU'RE CONTRACT SPECIFY.
NO, THERE, I MEAN, THERE'S A COST ASSOCIATED WITH THE, WITH, WITH, WHICH SHOULD BE AGREED UPON AHEAD OF TIME.
AND USUALLY NOT IN, IN THE CASE.
USUALLY THEY'RE STANDARD CONTRACTS THAT CANNOT BE NEGOTIATED.
UM, AND THEN IT, THE, THE, THE, THE WORDING OF THE CONTRACT, JUST LIKE WITH ANYTHING ELSE THAT YOU, THAT YOU DO, IF YOU HAVE WORK DONE IN YOUR HOME OR SOMETHING, THAT'S WHEN YOU STUDY IT, UH, UH, OR, OR REALLY GET DOWN TO IT ABOUT, UM, YOUR LEGAL POSITION AND, AND WHERE YOU STAND AND IN, IN THAT.
SO IT'S JUST, BUT DID YOU SUGGEST ANY CHANGES TO THOSE CONTRACTS? I MEAN, DID YOU, WE WE SUGGESTED CHANGES TO ADVANCE THE CONTRACT.
WHAT DO YOU MEAN TO, TO SPEED IT UP? OKAY.
I MEANT WORDING IN THE CONTRACT, BECAUSE THAT $500 IS STANDARD AND IT DOES FOLLOW TEXAS LAW.
AND MODESTO ALSO CAN ITEMIZE AND HE HAS ITEMIZED.
NO, THEN THAT'S WHAT, THAT'S WHAT I WAS SPEAKING TO.
HE AFTER, AFTER THE, THE, THE FACT, YOU KNOW, YOU SAW IT AFTER THE FACT.
THAT DOESN'T MEAN THAT HIS THOUGHTS DIDN'T GO INTO THE CONTRACT AND THE CHOICE OF THE $500.
SO, SO I CAN'T REALLY SPEAK TO THE, TO THE FACTS THAT MUCH.
'CAUSE I'M, I WASN'T IN THE FIELD LIKE THE MAYOR WAS, BUT I, UM, SOME HIGH LEVEL FACTS WOULD REALLY HELP ME OUT HERE.
AND THAT IS HOW MANY DAYS THIS WAS ORIGINALLY SUPPOSED TO TAKE? EIGHT? NO, THREE HUNDRED SIXTY FIVE, THREE HUNDRED SIXTY, THREE HUNDRED AND SIXTY FIVE.
AND HOW MANY DAYS DID IT ACTUALLY TAKE? EIGHT.
AND WHAT'S THE DELTA? IF SOMEBODY'S GOOD AT THAT? 360 6.
SO IT TOOK TWICE AS LONG AS IT WAS PROMISED TO TAKE IN THE CONTRACT.
SO OUT OF THAT 366 DAYS, HOW MANY DAYS DO YOU THINK MC SQUARED SHOULD BE TAKING CREDIT FOR? IS IT ZERO DAYS? NO, I, I, IT'S NOT, IT'S NOT ZERO DAYS.
[00:40:01]
WE, WE WORK THROUGH THE CONTRACT.UM, I, I DON'T HAVE A NUMBER ON THE, ON THE TOP OF MY HEAD RIGHT NOW, BUT AS WE WORK THROUGH THE CONTRACT, WE RECOGNIZE INEFFICIENCIES IN, IN, UM, YOU KNOW, WE MAY HAVE HAD A SUB THAT DIDN'T SHOW UP OR, YOU KNOW, DIFFERENT, UM, DIFFERENT THINGS.
BUT WE, WE WORK TO MAKE THAT UP ON THE CONTRACT.
SO WE, WE PRESENTED A PLAN WHERE WE COULD FINISH ON, ON TIME, BUT RIGHT NOW, HOW MANY DAYS ARE WE RESPONSIBLE FOR? AND HOW MANY DAYS ARE YOU RESPONSIBLE FOR? WELL, WE'RE A, WE'RE APART.
YOU'RE, YOU'RE CHARGING US 150 AND WE'RE ASKING FOR 251, AND WE'VE ALREADY GONE DOWN.
YOU DIDN'T, OKAY, WAIT, HOLD, WE'VE ALREADY GONE DOWN.
I MEAN, WE'VE, WE'VE GONE AND WE'VE LISTENED TO YOU AND WE'VE LOOKED AND WE'VE GONE LISTENED TO YOU, AND THAT'S WHY WE'RE AT 108,000 NOW.
WE HAVE COMPROMISED, WE HAVE LISTENED AND WE HAVE ADJUSTED, AND YOU'VE DONE NOTHING.
SO I, YOU HAVE NOT ADJUSTED YOUR, YOUR COMPROMISE IS, IS PENALIZING OUR COMPANY FOR DELAYS THAT WERE OUT OF OUR CONTROL.
SO HOW MANY DELAY, HOW MANY DAYS OF DELAY WERE IN YOUR CONTROL? THAT'S MY QUESTION.
I I DON'T HAVE A, AN ANSWER FOR YOU.
SO YOU COME TO VISIT US AND YOU DON'T HAVE THAT INFORMATION.
WELL, THE SECOND SLIDE, HE'S REQUESTING 251 DAYS.
WE GIVE THEM 150, THAT MEANS WE ARE DIFFERENT 101 DAYS.
WE ARE AND THE DOLLAR AMOUNT PER DAY, NOT DOLLAR AMOUNT, JUST THE DAYS, DOLLAR AMOUNT.
THEY ARE COMPLETELY DIFFERENT.
ARE WE SAYING IT'S $500? THEY SAYS, I SAID THOSE ARE THE TWO DISAGREEMENTS NUMBER OF DAYS YES.
AGREE WITH 101 DAYS WAS THE DISAGREEMENT.
SO WE'RE OFF BY 366 DAYS AND 251 OF THOSE DAYS WERE OUTSIDE OF NC TWO CIVIL CONTROL.
THAT MEANS THAT 150 15 OF THEM WERE INSIDE.
AM I INTERPRETING THAT CORRECTLY? THAT I'M LOOKING AT THE TOP BULLET ON THAT SECOND SQUARE BECAUSE THE DAY IT WAS DONE AND THE DAY IT STARTED, THAT'S, THOSE CAN'T BE MOVED.
AND THAT'S 366 DAYS LATER THAN IT WAS SUPPOSED TO BE.
AND IF ONLY 251 DAYS OF THE 366 EXTRA DAYS WERE OUTSIDE YOUR CONTROL, THAT WOULD MEAN THAT 115 DAYS WERE WITHIN YOUR CONTROL.
IS THAT CORRECT? MY, I INTERPRETING YOUR BULLET THERE CORRECTLY, SOMETHING'S NOT ADDING UP.
WHAT WE'RE SAYING IS WE'RE STILL 251 DAYS APART.
I'M, I'M SORRY, I'M NOT FOLLOWING YOUR, SO WE'RE 251 DAYS APART, OR ARE WE 101 DAYS APART? YEAH.
OR ARE WE ONE DAYS? OH YEAH, YOU'RE A HUNDRED, 101.
IS THAT CORRECT? WE'RE 101 DAYS, ONE DAYS APART.
BUT WHAT THE PROBLEM IS IS WE'RE SAYING 101 DAYS AT $500 A DAY, AND YOU'RE SAYING 101 DAYS AT $1,700 A DAY.
IS THAT CORRECT? THAT'S CORRECT.
SO MR. MAY I'M STILL CONFUSED, I'M SORRY.
YEAH, THAT DOESN'T MAKE ANY SENSE.
Y'ALL, Y'ALL WANNA PAY US 1700 A DAY.
I JUST WANT TO CLARIFY REAL QUICKLY.
YOU ASKED FOR 251 DAYS, THAT'S WHAT YOU IDENTIFIED AND WE'VE ONLY APPROVED YEAH.
251 THAT WERE OUTSIDE OF OUR SCOPE.
AND WE'VE ONLY HAVE APPROVED 150 50.
EVEN THOUGH THE CONTRACT WENT 360 6, Y'ALL GOING WAY TOO FAST.
RIGHT? THEY'VE REQUESTED 251 DAYS.
SO HOW MANY DAYS ARE THEY TAKING CREDIT FOR CREDIT FOR 101 OFF, 115, ACCORDING TO THAT, IT'S 101 DAYS OFF IS YOU'RE GIVING THEM A HUNDRED, 150 DAYS.
YEAH, Y'ALL DOING TOO MUCH MATH.
I'M JUST, IS 366 MINUS 251 115? OH, YEAH.
SEE, I DIDN'T DO VERY GOOD IN MATH.
YOU GO BACK TO THE ORIGINAL PURPOSE 360 6, THEY'RE SAYING 115 DAYS WERE BY THIS, YOU COULD ARGUE IT WAS WITHIN, THEY'RE SAYING WAS WITHIN THEIR CONTROL.
YEAH, THAT'S WHAT I'M 2 51 WAS.
HEY, ON US, ON US, WE'VE ONLY AGREED TO 150 OF THOSE.
UH, THIS IS BY THEIR CALCULATION.
251 DAYS ARE ON US, RIGHT? IS THAT, AND
[00:45:01]
BY OUR NOW WE'RE REPRESENTING YOUR 'CAUSE I DON'T WANNA BE MISINTERPRETING THIS, THIS SLIDE AND, AND NO, I THINK I, I, UM, UM, MR. MUNDO HAD, HAD, UH, DESCRIBED IT AS CORRECT.SO 115 DAYS WERE WITHIN MC TWO, CIVIL CONTROL 115 OF THE LATE DAYS.
I GUESS THE, THEY'RE NOT WANTING US TO COMPENSATE THEM.
WHY, WHY WOULDN'T YOU JUST TAKE 115 AND MULTIPLY IT BY 500? WHY DOES THAT NOT ACCURATELY CALCULATE THE AMOUNT OF THE LIQUIDATED DAMAGES THAT ARE DUE TO THE CITY THAT, SO THEY'RE SAYING IT'S 117 HUNDRED PER DAY INSTEAD OF 500.
I'M JUST READING SECTION TWO AND IT SAYS FIVE SECTION TWO, THAT THE 251 WERE OUR, WHAT WE WERE SAYING WAS OUTSIDE OF OUR CONTROL.
THE 115 WERE INSIDE YOUR CONTROL.
WERE WERE, UM, THE, WHAT WAS THE DELTA IS, IS THAT HOW YOU DESCRIBED IT? YES.
SO IF WE AGREED THAT THE TWO 15 AT THE 500, WE WOULD, THE LIQUIDATED DAMAGE AMOUNT WOULD BE 57,500.
IF YOU TOOK THE 360 6 MINUS 2 51, THEN YOU HAVE THE 115 TIMES 500, THAT'S 57,500.
THE CITY IS TAKING A DIFFERENT, THEY'RE, THEY'RE SAYING'S NOT 2 51, IT'S ONE 50.
AND THAT'S AFTER SEVERAL ROUNDS OF BACK AND FORTH.
SO, SO HOW MUCH THEN, IN LIQUIDATED DAMAGES IS THE CITY OWED BY YOUR CALCULATIONS? YES.
YEAH, THEY WANT 300,000 BUCKS PER MONTH.
WELL, NO, I MEAN, I, SO I UNDERSTAND THE ARGUMENT THAT YOUR DUE MONEY UNDER SOME OTHER PROVISION FOR SOME OTHER REASONS.
AND THEN WE ARE, THE CITIES DO MONEY FOR LIQUIDATED DAMAGES, AND YOU CAN OFFSET THOSE NUMBERS AFTER YOU FIND OUT WHAT THEY ARE.
BUT I'M, I JUST WANT TO KNOW UNDER SECTION TWO, WHAT ARE THE LIQUIDATED DAMAGES FOR DELAY? AND THEN WE CAN, AND THEN THE OTHER STUFF YOU CAN SORT OF WORK OUT SEPARATELY.
WHAT AM I MISSING? SO, SO PER UH, UM, MR. RUSSELL'S MM-HMM.
SO THAT THAT WOULD BE SO, SO ONE, WE HAVE TO AGREE TO THE, THE, THE NUMBER OF DAYS AND THEN TWO, THE THE DOLLAR AMOUNT THAT WE APPLY TO THOSE DAYS.
AND, AND WHAT COUNCILMAN BROUGHT US IS TRYING TO DO IS LET'S JUST TALK ABOUT ONE THING AT A TIME, ONE PIECE OF THE EQUATION AT A TIME.
SO LET'S, HE'S TALKING ABOUT THE NUMBER OF DAYS.
WELL, I'M SAYING, YEAH, NO, YOU'RE CORRECT.
I'M SAYING THEN WE'LL TALK ABOUT WE OWE YOU 400 AND YOU OWE US A HUNDRED, AND THEN WE ULTIMATELY WRITE A CHECK FOR 300.
THAT'S, THAT'S HOW I'M ENVISIONING IT.
SO THAT'RE SAYING THAT YOU HAVE A CLAIM FOR, NO, I DON'T, I DON'T, I DON'T THINK THAT'S WHAT, UM, I DON'T THINK THAT THOSE TWO ARE, THOSE TWO AREN'T OFFSETTING, THOSE TWO ARE THE TOP IS LAKE JACKSON'S POSITION THAT I OWE A HUNDRED THOUSAND AND I'M, I'M DISAGREEING WITH THAT.
AND I'M SAYING, NO, LAKE JACKSON OWES US 300,000.
HOW'D YOU GET TO $1,700? I'M SAYING, BUT YOU'RE DOING, YOU'RE, YOU'RE DOING TWO THINGS AT ONCE.
YOU'RE, YOU'RE IN YOUR, IN YOUR THING, YOU'RE OFFSETTING, THESE ARE NOT OFFSETTING.
THESE ARE, THESE ARE TWO DIFFERENT, THAT THE TOP IS YOUR POSITION AND THE, THE BOTTOM'S MY POSITION.
BUT THE, YOU'RE SAYING THAT ALL OF THE DELAY SOMEHOW GETS YOU, IT, IT, THERE'S NO, IT, I'M JUST, UM, CONFUSED THEN THEM BY THE LIQUIDATED DAMAGES CLAUSE IN HERE.
BECAUSE IT SHOULD BE AS SIMPLE AS SAYING, THIS IS THE DAY IT WAS DUE.
YOU SUBTRACT THOSE NUMBERS AND MULTIPLY BY A DOLLAR FIGURE AND THAT'S HOW MUCH IT DAMAGES THE CITY IS OWED.
AND THAT'S, THAT'S THE WAY THE CITY IS, IS, IS VIEWING IT.
RIGHT? AND, AND, UM, TYPICALLY IF, IF I HAVE EXTENDED A CONTRACT BEYOND, AND IT'S MY FAULT MM-HMM,
[00:50:02]
THE, THE, THE CASE HERE IS WE DON'T FEEL LIKE IT'S OUR FAULT FOR, BUT YOU ARE SAYING 115 SOMETHING DAYS OF IT'S YOUR FAULT OF OVER THE 365 MM-HMM.THAT'S WHAT I'M CONFUSED ABOUT.
YOU, YOU ARE SAYING THAT A PORTION OF THE OVERAGE PASSED THE INITIAL CONTRACT FOR 365, WHICH IS HOW MANY DAYS? 360 360 DAYS.
YOU ARE NOT DISPUTING THE FACT THAT NOT ALL 366 DAYS WERE THE FAULT OF THE CITY.
CORRECT? IS YES OR NO IS THAT THE 251 ARE THE DAYS THAT WERE, THAT'S NOT WHAT I'M ASKING.
SO THAT DELTA, SO YOU'RE NOT, YOU'RE NOT DISPUTING THE FACT THAT 366 DAYS WERE NOT ALL THE FAULT OF THE CITY, CORRECT? YES OR NO? CORRECT.
IF THAT'S THREE, SIX DAYS, SO ACCORDING TO THIS CLAUSE, THEN THE PART THAT WAS YOUR FAULT, YOU OWE LIQUIDATED DAMAGES.
AND THAT'S WHAT MATT'S SAYING.
AND THEN YOU'RE SAYING THAT THE PART THAT WAS OUR FAULT, WE OWE LIQUID.
AND THAT'S WHAT HE'S SAYING, THAT THERE'S AN OFFSET THERE.
SO THIS ISN'T JUST, IT WAS 366 DAYS OVER AND ONLY YOU GET PAID FOR THE PART THAT YOU WERE OVER THE INITIAL CONTRACT.
THAT'S NOT, IT'S RETAINAGE, IT'S A RETAINAGE ISSUE THOUGH.
IT GOES BOTH WAYS ACCORDING TO THIS CONTRACT GET PAID.
THE RETAINAGE IS JUST DOWN PAYMENT THOUGH, RIGHT? IT'S NOT, IT'S NOT THE END ALL.
IF THERE WAS NO DISPUTE, THEN WE WOULD JUST, THE RETAINAGE WORKS IS WE WITHHOLD IS IT 5% OR 10% ON 10%? IT'S GENERALLY 10% MOST EVERY PAYMENT.
AND SO THAT IS PAID AT THE END OF THE PROJECT ONCE IT, IT'S FINISHED.
SO UN UNLESS YOU'RE SAYING THAT THE CITY IS RESPONSIBLE FOR ALL 366 DAYS THAT WERE OUTSIDE OF THE INITIAL AGREED CONTRACT, THEN SURE YOU DO OWE MONEY.
IT JUST MAY BE OFFSET ONCE WE DECIDE WHAT NUMBER OF DAYS THAT WHO YOU'RE RESPONSIBLE FOR AND WE'RE RESPONSIBLE FOR.
AND THAT'S, WE'RE NOT AGREEING ON THAT.
AND THERE'S NO WAY, UNLESS YOU CAN SHOW ME ON PAPER WHERE YOU'RE COMING UP WITH $1,700 VERSUS THE CONTRACTUAL 500.
ANYBODY WOULD EVER AGREE TO THAT? WHO WOULD AGREE TO THAT? WHAT, WHAT I, I HAVEN'T, WHERE DOES THE 1700 COME FROM? 'CAUSE I'M JUST LOOKING IN THE VALUE.
THAT'S WHERE DOES IT COME FROM? THOSE ARE, ARE DETAILED AND, AND WAS PRESENTED IN THE, IN THE INITIAL CLAIM.
THIS IS, THIS IS JUST KIND OF A SUMMARY, UH, IF YOU WILL.
UM, THE, THE DOCUMENTS THAT WERE PRESENTED TO MI, MR. MINO WERE, ARE, WERE, UM, AND DID YOU DEMONSTRATED THAT? IS THAT FOR THE, I I'M NOT SURE WHAT EXTENDED GENERAL CONDITIONS CAUSED, BUT I, IT, IT, IT MEANS, BUT I'VE HEARD IT SAID A BUNCH OF TIMES.
SO MAYBE I NEED TO UNDERSTAND THAT IS THE 1700 FOR EXTENDED GENERAL CONDITIONS? YES.
AND YOU'RE SAYING THAT THERE'S SOME COMPONENT OF THAT, THAT TYP TYPICALLY YOU HAVE, YOU HAVE A CERTAIN AMOUNT OF OVERHEAD THAT YOU ALLOT TO A, TO A PROJECT.
WE CAN'T JUST GO ON INDEFINITELY AND NOT, NOT SURE.
AND THERE'S AN ADDITIONAL COST TO THE CITY INTO ALL THE BUSINESSES THAT WERE IMPACTED BY THIS, FOR IT TO GO OVER AS WELL.
NOT ASKING FOR THAT RIGHT NOW WE'RE A LITTLE BIT CONFUSED, IS THAT YOU'RE SAYING IT COSTS YOUR COMPANY $1,700 A DAY IN DAMAGES FOR EVERY DAY THAT WE DELAY YOU.
BUT IT'S UNREASONABLE AND AN, AND AN UNLAWFUL PENALTY FOR US TO CHARGE $500 FOR EVERY DAY THAT Y'ALL ARE LATE.
UM, I JUST SAY, LET'S PICK A NUMBER.
LET'S EITHER DO ALL OF 17 CONFUSED BY EVERYBODY.
I I THINK, I THINK YOU'VE SATISFIED THE POSITION ON, ON THE $500 A A DAY THAT CAME AFTER MY, AFTER MY LETTER.
AND HE SATISFIED THAT REQUIREMENT UNDER, UNDER, UH, TEXAS LAW.
SO WHAT ARE YOU GONNA PAY US FOR THE 115 OR 151 DAYS THAT Y'ALL CAUSE PROBLEMS? WELL, HE DEMONSTRATED $500 A DAY.
I SAY WE, YOU PICK ONE OR THE OTHER, I'M TO DO 500 OR 17.
I'M JUST READING THROUGH THE LETTER AND I'M, AND I'M, SO YOU'RE SAYING ALL THE SECTION TWO, WE CAN JUST IGNORE THIS CLAIM THAT THERE'S NO SUPPORT IN THE CONTRACT DOCUMENTS TO PROVIDE THAT LIQUIDATED DAMAGES CLAUSE APPLIES TO THE OWNER, WHICH I'M NOT EVEN SURE WHAT THAT MEANS, BUT, AND THEN THE SECOND THAT ALL THIS STUFF AND THE CITATION OF THE CASE LAW ABOUT HOW IT'S AN UNCONSCIONABLE PENALTY UNDER TEXAS LAW AND NOT ENFORCEABLE AND BLAH, BLAH, BLAH.
'CAUSE WE MET, I, I THINK, I THINK YOU'VE, YOU YOU MET THAT AFTER THE, AFTER THAT LETTER.
THE REQUEST WAS, EVEN THOUGH I STILL DIDN'T THINK THAT WE
[00:55:01]
HAD TO BECAUSE OF THE CONTRACT I THOUGHT WAS CLEAR OF $500, WE DID GO BACK AND LOOK FOR, YOU KNOW, THIS ADDITIONAL TIME, UH, LOOKING AT THE CONTRACT, WE PAID FOR OUR OWN INSPECTOR.AND THE ADDITIONAL TIME, YOU KNOW, FOR STAFF MOSTLY, YOU KNOW, UH, EDDIE.
EDDIE AND THAT CAME ROUGHLY UNDER, UH, YOU KNOW, THIS AMOUNT, BUT IT WAS CLOSE.
UM, BUT THAT'S NOT HOW WE CAME UP WITH THE ORIGINAL AMOUNT.
YOU SHOULDN'T BE REQUIRED TO DO THAT EVERY TIME.
THAT'S THE WHOLE POINT OF LIQUIDATED DAMAGES.
SO THAT YOU DON'T HAVE TO CALCULATE YOUR ACTUAL DAMAGE.
THEY JUST HAVE TO BE A REASONABLE PROJECTION OF WHAT THEY'RE GOING TO BE.
SO WE, WE DON'T FEEL LIKE THAT'S AN ISSUE, SIR.
SO THEN WE'RE JUST TALKING ABOUT, SO DON'T, SO WHAT'S AN ISSUE? THE 500 OR THE 1700 OR WHAT THE 1700 IS, IS STILL A COST TO, TO US.
AND WE, WE FEEL LIKE, OKAY, BUT NO, YOU GUYS DON'T GET LIQUIDATED DAMAGES.
'CAUSE EVERY TIME THERE'S A CHANGE ORDER, YOU TELL US HOW MUCH MORE IT'S GONNA BE.
EVERY TIME THERE'S A CHANGE, WE'RE STILL PAYING YOU FOR ALL OF THAT.
THAT'S THE POINT OF HAVING CHANGE ORDERS.
YOU DON'T COME UP AT THE END AND SAYING, GIMME 1700 A DAY, YOU'RE THE CONTRACTOR AND WE MAKE YOU DO EXTRA WORK.
AND YOU SAY THAT EXTRA WORK WILL COST THIS MUCH.
AND WE COME BACK TO COUNCIL AND SAY, PLEASE GIVE US MORE MONEY.
AND THEY DO APPROVED A LOT OF CHANGE ORDERS.
YOU DON'T THEN AT THE END, EVEN THOUGH WE'VE PAID YOU AND PAID YOU AND PAID YOU FOR CHANGE ORDERS, OH, AND BY THE WAY, $1,700 A DAY, THAT'S NOWHERE IN THIS CONTRACT.
AND WE'RE NOT OBLIGATED TO PAY YOU THAT.
WELL, IS IT IN WRITING SOMEWHERE THAT WE WOULD PAY YOU $1,700? NO, NOT ANYTHING THAT WE SIGNED.
NOT THAT, NOT THAT DOLLAR AMOUNT.
BUT THAT'S WHAT'S ITEM DAMAGE IN IS THAT WHEN THERE'S A CHANGE ORDER, AN AMOUNT WILL BE PUT ON THAT CHANGE ORDER AND WE'LL PAY THEM THAT.
SO ENTITLED TO AN EQUITABLE ADJUSTMENT IN THE CONTRACT TIMES AND CONTRACT PRICE, WHICH IS WHAT YOU DO WITH EVERY CHANGE ORDER.
USUALLY THE EQUITY OF THE ADJUSTMENT IS USUALLY DOCUMENTED.
THAT'S WHAT I WAS SAYING BEFORE.
JUST ON THE CHANGE ORDERS THAT, SO I'M NOT UNDERSTANDING WHERE DID WE PULL THIS 1700 FROM? IT IS JUST PULL OUT OF THE ERROR IS JUST CALCULATION THAT, SO OVERHEAD CALCULATIONS, I'M SURE THEY NO, NO SIR.
THERE'S A, THERE ARE, UH, ITEMIZED CALCULATION OF, OF WHAT IT COST US ON THE, ALL THE CHANGE ORDERS THAT WERE APPROVED, ALL 45 CHANGE ORDERS AND AGREED TO BY PRICE EVERY DAY.
THAT IS, UH, THE 2 51 COVERS ALL OF THOSE CHANGE ORDERS OF YOUR REQUEST.
IS THAT CORRECT? ARE THE THE OUT OF THOSE 251? THE 2 51, YES.
WELL THAT WOULD'VE, THOSE WERE APPROVED.
THAT WOULD'VE, UH, COVERED ALL OF THOSE CHANGE ORDERS HAD WE APPROVED THEM AND WITHIN, WITHIN THAT TWO EVERY TIME, RATHER THAN, WE'LL HOLD OFF AND NOT DO THEM.
THOSE 2 51 ARE ASSIGNED TO EVERY CHANGE ORDER.
CAN YOU SCROLL UP A LITTLE BIT? UH, I SORRY, THE OTHER WAY.
SO WHAT YOU WHAT I, SO WHAT, SO WHAT I'M HEARING FROM YOU MODESTA REAL QUICK, SORRY.
IS THAT WHAT YOU'RE SAYING IS, IS CHANGE ORDER WAS WRITTEN.
IT SAYS IT IS GONNA TAKE SO MANY DAYS, IT'S GONNA TAKE SO MANY DOLLARS.
WE DIDN'T ALWAYS AGREE TO THE DAYS.
AND THIS, SO THAT'S WHERE, THAT'S WHERE WE GET INTO THIS COMMENT THAT WAS MADE IS IS THAT WE'RE JUST WAITING UNTIL THE PROJECT'S OVER AND WE'LL TALK ABOUT DAYS.
AND SO WHAT I'M HEARING IS, HAD WE, SORRY, HAD WE AGREED TO ALL OF THOSE DAYS AS THEY SUBMITTED CHANGE ORDERS, IT WOULD'VE EQUALED 2 51.
RIGHT? AND SO AND SO THAT'S IMPORTANT BECAUSE CAN YOU SCROLL, LIKE MAKE THAT YELLOW A LITTLE BIT HIGHER? PLEASE.
THAT'S IMPORTANT BECAUSE OF THE PART OF THIS SENTENCE RIGHT HERE, 4.05, THIS WHOLE SECTION THAT'S NOT HIGHLIGHTED.
'CAUSE YOU DON'T ALWAYS GET AN EQUITABLE ADJUSTMENT BECAUSE THE ENTITLEMENT TO THE EQUITABLE ADJUSTMENT IS CONDITIONED ON THE FACT THAT THE ADJUSTMENT IS ESSENTIAL TO CONTRACTOR DISABILITY TO COMPLETE THE WORK.
SO FOR INSTANCE, IF YOU CHANGE THE PAINT COLOR FROM YELLOW TO WHITE, YOU DON'T GET EXTRA TIME FOR THAT.
RIGHT? AND SO THAT'S WHY THERE'S NOT ALWAYS GONNA BE A ONE FOR ONE AGREEMENT ON THE TIME.
BUT IT'S MY UNDERSTANDING THAT CITY STAFF HAS GONE THROUGH AND FIGURE IT OUT, AT LEAST IN THEIR POSITION, WHICH ADJUSTMENTS ARE ESSENTIAL TO THE ABILITY TO COMPLETE THE WORK WITHIN THE CONTRACT TIMES AND HAVE MADE THOSE AS PART OF THE, YOU KNOW, THAT'S PART OF THE OFFER.
MAYBE THAT'S NOT CORRECT, I DON'T KNOW.
BUT, BUT IT'S NOT LIKE, YOU KNOW, EVERY CHANGE ORDER ENTITLES YOU TO MORE TIME.
YOU, YOU ARE CORRECT COUNCILMAN.
THE REASON YOU SEE THE DIFFERENCE BETWEEN 2 51 AND 150 BECAUSE THERE WAS SOME, LIKE WE ARE HOLDING A CHANGE ORDER, REVIEWING IT, BUT THE WORK IS STILL GOING ON.
IT'S NOT THAT THE WORK IS COMPLETELY STOPPED, WHICH THEY ARE CLAIMING THAT THE WORK IS STOPPED.
[01:00:01]
SO YOU'RE GONNA GIVE ME 60 DAYS I SAY, NO, THERE WAS WORK GOING ON, SO I'M NOT GONNA GIVE YOU 60 DAYS.THE, THE ONE, THE ONE COMMENT TO THAT, SIR, IS, IS, IS PROGRESSING THE CRITICAL PATH, MAYBE OUT THERE DOING SOMETHING, BUT THE CRITICAL PATH IS WHERE THE PROJECT FLOWS THROUGH THAT ALLOWS YOU TO COMPLETE THE JOB ON, ON TIME.
SO, UM, YOU KNOW, I THINK MAYOR, YOU WOULD'VE BEEN MORE UPSET IF WE WEREN'T OUT THERE AT ALL TRYING TO PROGRESS SOME WORK.
UM, BUT IT WASN'T ALWAYS EFFECTIVE WORK, UH, WITH US BEING OUT THERE AND NOT HAVING THE PROPER ANSWERS THAT WE NEEDED.
SO YOU MENTIONED THAT, UH, YOU KNOW, YOUR SUB SUBCONTRACTORS GONNA SHOW UP BECAUSE THEY DIDN'T WANT TO COME A SHORT LENGTH OF TIME AND ALL THAT STUFF.
SO ARE YOU WILLING TO PAY LIQUIDATE DAMAGES TO ALL THE MERCHANTS OF LAKE JACKSON WHO SUFFERED? UH, BECAUSE THE BUSINESS LOST BUSINESS INTERRUPTION AND, UH, BUSINESS, UH, PROFITABILITY LOSS.
WE CERTAINLY SYMPATHIZE WITH THE, WITH THE, WE SYMPATHIZE WITH YOU TOO.
SO, WELL, SO SYMPATHY DOESN'T GO IN DOLLARS.
SO SYMPATHY IS IN THE DICTIONARY.
SO SYMPATHY, YOU KNOW, DOES NOT EQUATE DOLLARS.
SO IF YOU WANNA EQUATE DOLLARS, LET'S EQUATE DOLLARS ON BOTH SIDES.
'CAUSE WE, AS LAKE JACKSON AND THE CITIZENS OF LAKE JACKSON AND MERCK'S OF LAKE JACKSON SUFFERED A GREAT LOSS BECAUSE THIS PROJECT AS WELL, AND WE OUGHT TO LOOK AT IT AND COUNT UP ALL THOSE NICKELS AND DIMES AND SUBTRACT ALL THAT FROM YOUR RETAINAGE AND SEE HOW MUCH MONEY YOU OWE US.
UM, WHAT PERCENTAGE OF THE JOBS Y'ALL DO MISS THE DATE BY A HUNDRED PERCENT.
WHAT PERCENTAGE OF THE JOBS Y'ALL DO, THE THINGS THAT Y'ALL BUILD, MISSED THE, MISSED THE TIMELINE THAT FAR.
TWO X THE TIMELINE THAT LIKE 1% OF THE TIME, UH, IT'S VERY RARE THAT THAT IT, A CONTRACT WILL GO OVER THIS AMOUNT OF TIME.
BUT YOU'RE, BUT YOU'RE SAYING THAT IT WENT OVER THIS AMOUNT OF TIME BECAUSE OF US, NOT BECAUSE OF YOU, BECAUSE OF MAINLY BECAUSE OF US, IS WHAT YOU'RE SAYING? THAT'S THAT'S OUR, THAT'S OUR POSITION.
WHAT I SEE, ALL THIS BOILS DOWN TO Y'ALL TO READ THE $500.
NOW YOU WANT 1700, BASICALLY THAT'S WHAT WE'RE TALKING ABOUT ALL THIS TIME, DIDN'T IT? UH, NO SIR.
BECAUSE, UM, YOU SIGNED UNDER DEAL THAT THING THAT IT WORKED OVER OR WHATEVER DAY THAT'D BE 500, 500 BUSTER, BUSTER.
WE PAY, WE'VE ALREADY PAID THEM FOR THE EXTRA TIME.
THEY WANT EVEN MORE MONEY NOW FOR THE EXTRA TIME.
THEY, THEY WANT US TO PAY THEM $1,700.
THEY'RE GONNA PAY US 500, EVEN THOUGH WE'VE ALREADY PAID FOR ALL THAT EXTRA TIME AND ALL OF THE CHANGE ORDERS.
MY QUESTION TO THE CITY STAFF, WHOEVER WENT OVER THE DAYS, IS DID WE UNCOVER EVERY STONE AND DO EVERYTHING CORRECTLY AND RIGHT ON OUR END, WE, WE HAVE TO HAVE DONE EVERYTHING CORRECT.
I MEAN, IF YOU LOOK AT THE WEATHER DELAY AND SOME OF THE DAYS, WHATEVER THEY ASK, WE GIVE THEM ONLY THING WE ARE, WE DON'T AGREE THAT THE JOB WAS NOT COMPLETELY STOPPED.
I THINK 101 DAYS THAT WAS, THERE WAS SOME JOB THEY SAYS COMPLETELY STOPPED.
SO WE DIDN'T, WE DIDN'T AGREE.
AND THAT WOULD BE REALLY THE BIG DIFFERENCE IS, IS THAT IF WE JUST SAY WE WON'T ARGUE ON THE 2 51, YOU'VE, WELL ONLY YOU'VE CALCULATED.
THE ONLY TIME THAT WE, THE ONLY TIME THAT I KNOW THAT WE STOPPED WORK WAS OVER THE, THE HOLIDAYS.
WE SAID, WE WANT YOU TO PULL BACK AND NOT WORK.
IS THAT CORRECT? THAT'S CORRECT.
SO THAT'S A PERIOD OF TIME THAT WE, THAT WAS, YEAH.
AND SO THAT WAS IT, WAS THAT IN THE CONTRACT OR IS THAT OUTSIDE THE CONTRACT? WE JUST DECIDED 'CAUSE THE PROJECT WAS RUNNING OVER.
SO WE, WE SAID, OKAY, WE'RE AT FAULT FOR THOSE DAYS.
THE ONLY TIME THAT I KNOW THAT WE SAID, OR THAT WE HAD TO STOP WORK THAT I'M AWARE OF IS WHEN WE HAD THE GAS LEAK AND WE HAD TO SHUT EVERYTHING DOWN.
COULDN'T DO, COULDN'T DO UNTIL THAT WAS FIXED.
BUT I DON'T KNOW OF ANY OTHER DAYS THAT, YOU KNOW, I DON'T RECALL Y'ALL COMING TO US ABOUT ANY OTHER MAJOR EVENTS THAT SHUT 'EM DOWN FOR ANY PERIOD OF TIME.
IT WAS NOW, UH, I REMEMBER US HAVING CONVERSATIONS OF, YOU KNOW, CAN WE CHANGE THE PATTERN OF, BECAUSE SOME OF IT WAS AT THEIR REQUEST WAS THAT STUFF WAS MOVING FASTER AT LOCATE, YOU KNOW, THIS SECTION OF SLAB WAS MOVING FASTER.
CAN WE GO AHEAD AND JUMP OVER AND DO THIS ONE AND THAT, AND WE EITHER AGREED OR DIDN'T AGREE, AND IF IT WAS A POSITIVE THING AND MOVE THINGS ALONG, WE AGREED ON IT.
BUT I JUST DON'T KNOW THAT THERE WAS A WHOLE BUNCH
[01:05:01]
OF THINGS THAT WAS SAID, OKAY, Y'ALL DON'T SHOW UP TODAY.SO NOW MOST OF OUR CONSTERNATION WAS OVER, YOU KNOW, WHEN THE REQUEST TO CATCH UP.
AND WE WERE VERY JUST HESITANT ON ALLOWING MORE TO BE OPEN BECAUSE MM-HMM.
AND SO WE WERE FEARFUL OF HAVING TWO SIDES OF THE ROAD, EVEN THOUGH THEY MADE A PROMISE THAT WE'D GET IT DONE FASTER, WE JUST RIGHT.
WEREN'T CONFIDENT THAT IT COULD BE DONE.
SO, I MEAN, IS THAT PART OF YOUR, OR PART OF Y'ALL'S SAYING, WE DELAYED Y'ALL BECAUSE Y'ALL CAME BACK WITH A SECONDARY PLAN AND SAYING, IF YOU LET US OPEN UP, LET US GO AHEAD AND DO TWO LANES, UH, WE CAN MOVE QUICKER.
AND WE SAID, NO, WE WANNA STAY WITH THE ORIGINAL PLAN OF JUST TAKING ONE LANE AT A TIME.
DID YOU, DID WE GET A DING FOR THAT IN YOUR CALCULATION? NO, SIR.
UM, THE, THE, WHAT YOU'RE REFERRING TO IS A, A DING WAS WAS JUST THE, THE, THE AMOUNT OF DELAYS THAT ARE IN DAYS THAT WE THOUGHT WE WERE, WE WERE DAMAGED IN, IN, UM, IN, UM, BEING ABLE TO ADVANCE THE CONTRACT.
WELL, NO, THERE'S, BUT WE DID OFFER WAYS TO, TO RECOVER.
IF, AGAIN, I THINK I REMEMBER THE CONVERSATIONS OF IS THAT IF YOU ALLOW US TO, TO BREAK INTO MORE AREAS, WE COULD BRING BIGGER CREWS DOWN HERE AND BE ABLE TO DO THINGS QUICKER AND GET HERE, GET IN AND OUT.
AND AGAIN, WE SAID NO BECAUSE OUR CONCERN ABOUT THE DOWNTOWN BUSINESSES AND, AND THE FLOW IN THE CITY.
AND MY QUESTION IS, IS WHEN I SAY DING, DID YOU SAY, OKAY, WE'RE GONNA, THAT THAT ADDS DAYS BECAUSE WE COULDN'T NO SIR.
WE COULDN'T DO WHAT WE WANTED TO DO.
I THOUGHT I HEARD YOU SAY WEATHER, WEATHER DELAYS.
WE, WE, THEY, THEY ASK FOR DAYS.
WE GIVE THEM THOSE DAYS FOR WEATHER DELAYS.
ON WHAT GROUNDS? BECAUSE THE RAIN CAME IN SO THEY COULD NOT WORK.
BUT THIS SAYS, YEAH, BUT THAT SHOULD ALL BE BUILT INTO SCHEDULE, RIGHT? THERE'S LIKE A GENERAL YEAH.
YOU KNOW, YOU GUYS GO LOOK AT THE SCHEDULE THING.
THIS SAYS IF OWNER ENGINEER, OR ANYONE FOR WHOM OWNER OWNER'S RESPONSIBLE DELAYS, DISRUPTS OR INTERFERES, SURELY NOT TAKING THE POSITION THAT OWNER'S RESPONSIBLE FOR THE WEATHER.
SO THESE EQUITABLE ADJUSTMENTS ONLY HAPPEN FOR DAYS THAT ARE THE FAULT OF THE OWNER, NOT YOUR FAULT AND NOT THE WEATHER'S FAULT.
AND ALL THAT WEATHER STUFF SHOULD BE BUILT INTO THE BID.
AND THERE'S FORCE MAJEURE AND THERE'S OTHER PROBLEMS THAT, THAT LAWYERS RELY ON TO RESOLVE THESE THINGS.
BUT GENERALLY SPEAKING, THEY'RE NOT GETTING YEAH.
WHETHER EQUITABLE ARE NORMAL TO, TO GIVE, I MEAN, IN EVERY, EVERY CON I MEAN THERE ARE SOMETIMES PRACTICAL TIMES THAT THE CONTRACTOR CAN'T COME OUT AND, AND WORK AND WE RECOGNIZE, YOU KNOW, WE TRY TO RECOGNIZE THOSE.
AND CERTAIN CONTRACTS, LIKE THE, THE CITY OF HOUSTON'S CONTRACTS WILL, WILL SPECIFY A CERTAIN NUMBER OF DAYS, UH, PER, PER MONTH THAT WE BUILD INTO OUR SCHEDULE.
UM, WE TYPICALLY, THAT'S A GOOD PRACTICE.
WE TYPICALLY, UM, SCHEDULE A A FIVE DAY WEEK AND IF IT, IF IT RAINS, THEN WE'LL MAKE UP ON A SATURDAY.
YOU KNOW, SO THAT, THAT'S, UM, A A LOT OF TIMES, UM, UH, WE'LL DO DIFFERENT THINGS TO ACCOUNT FOR, UM, FOR, UM, CERTAIN, CERTAIN DELAYS.
SO THE WEATHER DAY BUILT INTO OUR CONTRACT, ANYBODY IN THE INITIAL CONTRACT? YES.
NO, WE DON'T, WE ASSUME THAT THERE WILL BE A FEW WEATHER DAYS PROBABLY AROUND WHAT 30, RIGHT.
THAT, THAT SHOULD ALL BE, I GUESS WHAT I'M SAYING IS WEATHER DAYS AREN'T COMP AREN'T COMPENSATED AS PART OF 4.05 N NO.
NOW, IF THE CITY CHOOSES TO ADJUST SOMETHING FOR THAT OR, OR REMOVE, I MEAN THERE'S A DIFFERENCE BETWEEN REMOVING ONE OF THE LIQUIDATED DAMAGES DAYS AND NOT COUNTING IT AND A, YOU KNOW, PAYING ANOTHER 1700 AND OVERHEAD FOR A RAIN DAY, WHICH IS, YOU'RE NOT ENTITLED TO UNDER 4 0 5.
WE DON'T, YOU KNOW, HAD THERE BEEN NO, UM, THERE WOULD'VE BEEN JUST ADDITIONAL TIME ADDED TO THE CONTRACT RIGHT THERE, ADDED DAY ON HAD THERE BEEN NO LIQUIDATED DAMAGES AND THEY SAID THERE WERE 60, YOU KNOW, 30 DAYS OR 60 DAYS OF RAIN DAYS, WE WOULD'VE JUST AGREED TO EXTENDING THE, YOU KNOW, THE CONTRACT ON THOSE DAYS.
BUT WHAT I'M UNDERSTANDING THOUGH IS THAT EVERY DAY WE AGREED TO EXTEND THAT CONTRACT, THEY'RE SAYING THEY THAT WE NEED TO PAY 'EM $1,700 FOR OVERHEAD FOR THAT ADDITIONAL DAY.
AND THAT'S JUST NOT SMART WHAT THAT SAYS.
WELL, YOU CAN'T, CAN'T BE CHOOSY, YOU KNOW, SO WHAT, WHEN IT BENEFITS YOU, YOU TAKE A CITY SIDE WHEN IT, WHEN IT DOESN'T BENEFIT YOU, YOU KNOW, TAKE YOUR SIDE.
SO WELL JUST WANNA, RIGHT NOW WE HAVE, ON THE DAYS THAT WE AGREED TO, WE AGREED DID WE AGREE TO ALL WEATHER DAYS, WHATEVER DAY LIKE THEY ASK.
PLUS THOSE ARE NON-PRODUCTIVE DAY.
SO WE'VE AGREED TO 46 WEATHER DAYS AND DID THEY DOCUMENT EACH ONE? THEY'RE SUPPOSED TO DOCUMENT EACH ONE AND LET US KNOW IT'S A WEATHER DAY.
OUR INSPECTOR ALSO HAVE THEM, NOT THE WEATHER DELAY, NO WORK DONE TODAY.
[01:10:01]
ALL SO THAT PART OF THE 46 IS IN THIS 2 51 OR WHATEVER THESE YES.BECAUSE DID WE HAVE ANY DISCREPANCY ON THE WEATHERS? NO.
SO THERE'S NO DISCREPANCY THERE.
BUT THERE'S A DIFF THERE'S THERE, THERE THEY SHOULD NOT BE TREATED THE SAME IF WE TELL 'EM THEY CAN'T WORK AND THE RAIN MAKES IT TO WHERE THEY CAN'T WORK.
THEY GET AN EQUITABLE ADJUSTMENT OF THE CONTRACT PRICE CONDITIONED ON THE FACT THAT IT'S ESSENTIAL TO THEIR ABILITY TO COMPLETE THE WORK IF WE TELL 'EM TO STOP AND FOR THE WEATHER, THEY DON'T.
SO I DON'T, I NEED TO GO BACK AND FACTOR THOSE RAIN DAYS INTO THEIR 1700 A MONTH OR 1700 A DAY OR TO, OR TO WHATEVER.
BUT THAT, THAT'S JUST NOT WHAT THE CONTRACT SAYS.
SO MAYBE THAT'S, I MEAN THAT'S 46 DAYS RIGHT THERE THAT CLOSED THE GAP BY ALMOST HALF OF WHAT WE'RE ALL YEAH, I, AGAIN, I HAVEN'T LOOKED INTO DETAIL OF MR. MANNING $1,700.
I THINK THAT'S REALLY WHERE WE'RE GONNA, YOU KNOW, THAT'LL BE ONE OF THE BIGGEST THINGS THAT WE PROBABLY WILL BE AT AN IMPASSE.
WELL, IF YOU TAKE, WE'VE ALREADY ALREADY PAID THEM.
IF YOU SAY THAT THE PROJECT WENT 366 DAYS LONG, OKAY.
AND YOU TAKE $500 TIMES 360 6, IT'S ONLY $183,000.
WHAT IS YOUR ANSWER TO THAT WHEN SHE SAYS, WITH THE CHANGE ORDERS, YOU'VE ALREADY BEEN PAID FOR THE TIME AND THE CHANGE ORDER.
WHAT IS YOUR ANSWER TO THAT? WHY DO YOU FEEL ENTITLED TO ADDITIONAL PAYMENT FOR THE TIME? 'CAUSE 'CAUSE THE EXTENDED GENERAL CONDITIONS ARE, ARE A, ARE A, UM, TALK TO ME LIKE I'M NOT A CONTRACTOR.
UM, SO THE, JUST THE, WHEN I REFER TO EXTENDED GENERAL CONDITIONS, IT'S, IT'S, IT'S THE, THE COST OF A CREW TO, TO, UM, TO BE.
BUT DO YOU DISAGREE THAT WHEN YOU MAKE THAT CHANGE ORDER AND WHEN WE SET UP HERE AND APPROVE ANOTHER $50,000 THAT THAT CREW AND THE JOB ARE NOT BEING PAID FOR AND THAT THEY SHOULD BE PAID FOR AGAIN? NO, I WOULDN'T, I WOULDN'T VIEW IT AS A, AS A, AS A DOUBLE DIP.
IT'S, IT'S THE, I'M SURE YOU WOULDN'T, HOLD ON, LET ME, LET ME, LET ME, LET ME, LEMME UNDERSTAND THE CHANGE ORDER PROCESS.
THE WAY I ENVISION IT HAPPENING IS THE CITY COMES AND SAYS, I WANT YOU TO DO THIS INSTEAD OF WHAT WE TOLD YOU TO DO YESTERDAY.
AND YOU SAY, OKAY, WELL WE'RE HAPPY TO DO THAT FOR YOU AND IT'S GONNA COST YOU $15,000.
AND IT BUILT INTO THAT 15, IT'S MY ASSUMPTION THAT BUILT INTO THAT $15,000 PRICE IS YOU'RE $1,700 A DAY IN OVERHEAD.
YOU'RE GONNA HAVE TO, YOU'RE GONNA HAVE TO PAY.
WHY NOT? YOU'RE SHAKING YOUR HEAD NO.
THAT DID NOT INCLUDE THE, UH, OFFICE RENT OR TRAFFICKING AND BARRICADE, THINGS LIKE THAT.
THAT'S ON YOU FOR NOT PUTTING THAT IN YOUR SUM.
WELL THAT'S, THIS IS HOW MUCH YOU USED.
THIS IS GONNA COST ALL OF THOSE.
ALL OF THOSE COSTS SHOULD BE FACTORED INTO, OKAY, SO IF YOU HAVE AN ADDITIONAL $1,700 WORTH OF RENT OR WHATEVER, THEN IT SHOULD HAVE BEEN AN ADDITIONAL $1,700 ADDED ON RIGHT THEN TO THAT CHANGE ORDER.
IT WASN'T $15,000, IT WAS $25,000.
DO DOES THAT SOUND RIGHT? LIKE THE RIGHT THING TO YOU? SO I, I UNDERSTAND WHAT WHAT YOU'RE SAYING.
UM, SO INITIALLY WE HAD EVERYTHING TO BE OUT HERE, UH, A YEAR.
A LOT OF TIMES WHEN YOU'RE, WHEN YOU'RE MOVING THROUGH THESE THINGS AND YOU HAVE THE DIFFERENT DELAYS AND IT EXTENDS YOU BEYOND THE YEAR, THAT'S WHERE THE EXTENDED GENERAL CONDITIONS COME IN.
ARE, ARE, UM, OUR THINGS THAT WE DON'T, WE DON'T, UM, UM RIGHT.
BUT IF WE AGREE THIS PROJECT, THE WHOLE PROJECT'S GONNA BE 365 DAYS AND THEN WE HIT YOU WITH 45 CHANGE ORDERS, RIGHT? AND WE PAY YOU FOR THOSE 45 CHANGE ORDERS AND ALL OF A SUDDEN THE PROJECT IS 800 DAYS.
ARE WE ALL FOLLOWING ME SO FAR? THEN YOU'VE ALREADY BEEN PAID FOR THAT.
YOU AGREED TO THOSE ADDITIONAL DAYS WHEN YOU AGREED TO TAKE ON THE CHANGE ORDERS.
IT'S NOT LIKE WE SURPRISED YOU, HEY, BY THE WAY, YOU DID THIS CHANGE ORDER.
WE WANT YOU TO COME WORK AN EXTRA THREE DAYS FOR FREE.
YOU'VE GOT PAID FOR THOSE TYP.
TYPICALLY THE WAY A CHANGE ORDER IS, IS DONE IS YOU AGREE TO BOTH DAYS AND, AND THE THE COST OF THE, OF THE WORK.
DID YOU FACTOR, DID YOU FACTOR THAT IN WHEN YOU SAID, OKAY, THIS CHANGE ORDER IS GONNA COST IN TERMS OF DAYS? NO, THE THE 1700 WAS NOT APPLIED.
WELL THAT'S A DUMB WAY TO DO THINGS BECAUSE THEN WE END UP, UP HERE.
AND THAT IS NOT THE WAY THESE CONTRACTS ARE EVER DONE.
THEY DON'T COME BACK LATER AND SAY, THANKS FOR PAYING US EVERYTHING AND HERE'S $1,700 PER DAY THAT YOU OWE US AN ADDITION.
THERE'S NO EXTENDED GENERAL CONDITIONS.
$1,700 A DAY IN THAT CONTRACT.
[01:15:01]
THERE'S NO EXTENDED GENERAL CONDITIONS ANYWHERE IN THE CONTRACT.IT'S JUST CHANGE ORDERS AND THIS IS HOW MUCH THE CHANGE ORDER IS GONNA BE.
YOU DON'T GET TO COME BACK LATER AND SAY, YOU, YOU PAID US EVERYTHING, BUT YOU STILL OWE US MORE.
WE SAID DON'T OPERATE BECAUSE IT KEEPS OUR BUSINESS OPEN.
THE REST OF THIS HAS ALREADY BEEN FACTORED IN.
ANY OTHER QUESTIONS FOR YOU GUYS, FOR THESE GUYS, GENTLEMEN, BEFORE WE, UH, AGAIN, THIS WAS JUST, UH, DISCUSSION AND FOR THEM TO PRESENT THEIR SIDE OF THE STORY.
SO AS ANY MORE YOU WOULD LIKE TO SHARE WITH US.
NO, I, I APPRECIATE, I APPRECIATE THE AUDIENCE.
UM, AGAIN, UH, WE, IF WE FOCUS ON DAYS AND THEN, UM, THE, THE DOLLAR A MONTH THAT'S ASSOCIATED WITH THE DAYS, UM, WE UNDERSTAND THAT THERE'S, THERE'S DISAGREEMENT ON, ON THAT.
UM, BUT UM, IN, IN THE PAST THAT'S KIND OF THE WAY THINGS, UM, HAVE, HAVE WORKED WITH, WITH OUR CONTRACTS.
UH, AND WE DO, WE DO A LOT OF, OF CONTRACTS.
WELL, I UNDERSTAND, I UNDERSTAND YOU DO A LOT OF CONTRACTS.
IT'S JUST THAT WE'RE QUESTIONING THAT WE DO A LOT OF CONTRACTS THAT THAT PROCESS, UH, OR YOUR, OR YOUR THOUGHT PROCESS BECAUSE IT'S, IT SOME WAY IT'S, IT'S NOT MAKING SENSE.
AND LIKE WE'RE SAYING IS, IS THAT, UH, COUNCILWOMAN, UH, SETH WAS SAYING IS IS THAT WHENEVER YOU, A CHANGE ORDER IS DISCUSSED AND AGREED UPON, YOU'RE PAID.
THAT'S IT FOR THAT CHANGE ORDER.
AND TO COME BACK TO US AFTER THE FACT AND WANT TO GET REIMBURSED FOR YOUR ADDITIONAL TIME OR WHATEVER ADDITIONAL TIME YOU THINK THERE IS, IS, IS WE'RE HA WE, WE, WE, YOU KNOW, WE'RE, WE'RE IT, THERE'S THE FEELING IS THAT'S DOUBLE DIPPING.
THAT'S COMING BACK AND ASKING ON TOP OF WHAT YOU'VE ALREADY AGREED UPON.
I WOULD POSE THE QUESTION RESPECTFULLY BACK TO YOU.
ISN'T THE CITY DOING THE SAME THING WHEN THEY'RE SAYING WE OWE A CERTAIN AMOUNT OF, UH, DOLLARS FOR DAYS THAT WE'RE NOT? YEAH, BUT THAT'S 'CAUSE WHAT, THAT IS WHAT THE CONTRACT SAID AND WE'RE NOT, I DON'T THINK ANYBODY IS UP HERE ASKING YOU, HEY, YOU NEED TO WRITE US A CHECK.
I THINK WE'RE NOT THE ONE ASKING FOR THE CHECK.
YOU'RE JUST WITHHOLDING MONEY FROM MY CONTRACT.
NOBODY, NOBODY'S SIGNED TO AND AGREED TO WHAT YOU'RE ASKING FOR.
AND NOBODY WITH ANY COMMON SENSE WOULD AGREE TO IT.
FRANKLY, I THINK WHAT HE'S, WHAT HE'S TRYING TO SAY IS, I KNOW THE RETAINAGE WE ARE HOLDING AND WE ARE NOT AGREEING TO PAY, WE HAVEN'T PAID HIM ANY PART OF THE RETAINAGE.
BUT IS THAT CORRECT? YOU HAVE NOT ACCEPTED THE OFFER OFFER.
BUT THERE'S A DIFFERENT OFFER THERE.
THERE'S A COUPLE FACTORS IN THERE THAT, UM, WHERE WE, WE, UM, WANTED A, A PARTIAL RELEASE, UH, OF, OF RETAINAGE AND UM, UH, THAT, THAT WAS NOT RESPONDED TO.
WAS IT? UH, UH, NO, WE SENT YOU CLOSEOUT DOCUMENTS.
WE'RE MISSING CLOSEOUT DOCUMENTS, MAAM.
CITY COUNCIL, WE DID REQUEST A CLOSEOUT DOCUMENT TO RELEASE THE RETAINMENT.
BUT WE WERE NEVER PROVIDED A CLOSEOUT DOCUMENT.
THAT'S WHY WE COULD NOT RELEASE THE RETAINER.
AND THAT'S WHY I REMEMBER THAT DISCUSSION.
AND THE HANGUP IS, IS BECAUSE IN OUR LETTER, THE CLOSEOUT DOCUMENT TO THE FINAL AMOUNT, SO, SO IN, IN THE, IN THE AGREEMENT IN OUR LETTER WAS IF THEY SUBMITTED THOSE, THEN THEY ALL CLAIMS WOULD BE RELEASED AND IT WOULD BE OVER.
SO IN YOUR DOCUMENT CHANGE ORDERS, IS THERE ANYWHERE THAT YOU SUBMITTED THAT SAYS THAT, UH, ANY ADDITIONAL CHARGES FOR EXTENDING CONTRACT, UH, TERM TERMS WILL APPLY? MAY APPLY? YES, SIR.
AND DID YOU DEFINE THEM? WOULD THEY BE, WHAT WOULD THEY BE RELATED TO? NO, WE JUST, WE SAID THERE'S EXTENDED GENERAL CONDITIONS AND THERE'S DAYS, UM, THAT WE DON'T AGREE ON THIS PARTICULAR, UM, CHANGE ORDER AND THEN, UH, EACH TIME WE WERE JUST PAID TO ADVANCE THE WORK.
AND THOSE THINGS WOULD BE DISCUSSED AT THE END OF THE PROJECT.
WE'RE JUST GONNA, WHERE, WHERE DOES THE, WHAT'D YOU CALL 'EM EXTENDED CON, EXPANDED CONDITIONS, EXTENDED GENERAL EXTENDED GENERAL CONDITIONS.
WHAT DOES THE CONTRACT SAY ABOUT THAT? IS THAT A TERM WE'RE USE IN THE CONTRACT? 'CAUSE IT'S LIKE CAPITALIZED IN HERE.
LIKE IT'S A DEFINED CONTRACT TERM.
LIKE ME, YOU KNOW, MECHANICAL COMPLETION DATE OR TONS OF, IT'S TONS OF DEFINITIONS, RIGHT? IT'S A, IT'S A DAMAGE IF YOU WILL.
UM, IT'S A, IT'S, IT'S A COST WE INCURRED, BUT WHAT DOES THE CONTRACT SAY ABOUT IT? UH, WHAT DOES THE CONTRACT SAY? WE OWE IT.
[01:20:01]
I I'D HAVE TO, I'D HAVE TO GO BACK THROUGH IT, SIR.I THINK WHAT WE'RE PROBABLY GONNA HAVE TO DO IS, UH, ARE WE UP AGAINST A TIME CRUNCH ON ANYTHING? NO.
UM,
UH, WE'LL, I MEAN, WE'RE GONNA HAVE TO HASH THIS OUT WITH COUNSEL AND WE'LL, COULD YOU NOT RELEASE SOME OF THE, SOME OF THE, THE UNDISPUTED PART WITH THE CONDITIONAL WE COULD, IF WE TAKE BACK OUR REQUIREMENT THAT THEY, THAT RELEASE ALL CLAIMS, RELEASE ALL CLAIMS, THEY DON'T WANT TO RELEASE THEIR CLAIM.
SO WHY DO THEY NOT WANT TO DO THAT? BECAUSE, BECAUSE THEN THEY CAN'T, BECAUSE THEN THEY CAN'T ASK FOR THIS, THESE DISPUTED DAYS.
THEY DON'T WANNA, LIKE THIS WHOLE, THEY DON'T WANNA RELEASE THEIR CLAIM ON THE DISPUTED DAYS.
SO LIKE THIS WHOLE TIME WE'VE BEEN PAYING THEM AND THEY'VE BEEN GIVEN CONDITIONAL RELEASES PROBABLY.
CAN YOU, CAN THEY JUST DO ANOTHER CONDITIONAL RELEASE OR IS THAT WE WOULD HAVE TO DO IT, I THINK, IS THAT WHAT MODESTO COUNSEL HAS TO AGREE, DO IT.
AND ALSO WE NEED THE WHOLE HARMLESS CLAIM FROM THE SUBCONTRACTOR BECAUSE THEY DON'T OWE ANY OF THE MONEY.
SO WE NEED THAT BEFORE WE RELEASE THEM.
RETAINAGE, WHEN WE CAME BEFORE COUNCIL TO PARTIAL RELEASE, THAT WAS THE COUNCIL REQUESTED TO HOLD THIS ONE AND RELEASE IT BASED ON THE DOCUMENTATION.
'CAUSE IF THEY DIDN'T PAY THEIR SUBCONTRACTORS AND WE PAID THEM, THEN WE ON THE HOOK FOR WE'RE ON THE HOOK.
DO WE HAVE THE LIEN WAIVERS FROM THE SUBS THOUGH? YES.
MINUS, UH, BUT I SENT THAT DOCUMENTATION TO MARLENE, THE FULL RELEASE DOCUMENT.
SO, SO LAND PRO IS THE LANDSCAPING CONTRACTOR.
SO IF, IF YOU IMPOSE LIQUIDATED DAMAGE ON, ON US PER OUR CONTRACT, UM, WE'RE GONNA SHARE THAT WITH THE, WITH THE LANDSCAPE SUBCONTRACT.
WELL, JUST LIKE YOU'RE HOLDING OUR RETAINAGE, WE HAVE TO HOLD THEIR RETAINAGE IN ORDER TO MAKE SURE THAT THIS PROCESS WELL THEY DID A TERRIBLE JOB, BY THE WAY.
PARDON ME? THEY DID ALSO DID A TERRIBLE JOB IN GENERAL AND WERE DIFFICULT TO DEAL WITH.
SO YOU'RE SAYING YOU DON'T WANT TO PAY YOUR LANDSCAPE SUBS UNTIL THEY GET PAID? IF WE'RE GONNA WITHHOLD, I MEAN, WHAT THEY'RE SAYING IS THEY'RE, IT'S THEIR SUBS FAULT.
SO THERE'S SUB OWES THEM LIQUIDATED DAMAGES AND YET THAT'S SOMEHOW THAT DOESN'T NO, THAT'S EQUATE TO US.
THAT'S, THAT'S, THAT'S NOT WHAT I'M, I'M SAYING, I'M SAYING IF THAT'S YOUR POSITION, THEN THAT WITH MY CONTRACT WITH THEM, UM, I'LL HAVE TO ASSESS A CERTAIN NUMBER OF DAYS OF THOSE LIQUIDATED DAMAGES TO THAT SUBCONTRACTOR.
THAT'S THE ONLY ONE THAT WE'RE HOLDING ON.
I WOULDN'T, THAT'S NOT MY PROBLEM.
YOU KNOW, THEY HAVE TO SIGN OFF ON THE CHANGE ORDER.
YOU CAN SIGN OFF ON THE CHANGE ORDER THEN YOU'RE NOT OBLIGATED.
SO, CAN I ASK A QUESTION REAL QUICK, OR RYAN, ON THE FINAL COMPLETION OF APRIL 13TH, THAT WAS THE ACTUAL DAY EVERYTHING WAS DONE.
THAT'S, THAT WOULD BE A BRIEF, UH, DATE.
WHAT WAS THE DATE? UH, UM, WHAT WAS THE DAY THAT ALL THE, THE ROAD WAS DONE AND AND HOW, HOW MANY, IT'S A SUBSTANTIAL COMPLETION DATE, RIGHT? THAT, UH, THAT'S WHEN IT, BUT THAT INCLUDES THE, THAT INCLUDES THE LANDSCAPER.
THE SUBSTANTIAL COMPLETION DATE ALSO INCLUDES THE LANDSCAPER.
BUT I MEAN, HOW MANY MONTHS WENT BY? UH, WITH THE, THE LANDSCAPING WORK? JUST ALL, I ALL, I MEAN ALL I REMEMBER, YOU KNOW, TRYING TO URGE, YOU KNOW, IT WAS LIKE WE WANTED THE PROJECT TO END.
IT'S LIKE, CAN WE AT LEAST GET THE LANDSCAPER, YOU KNOW, TO FINISH? 'CAUSE EVERYTHING PRACTICALLY WAS DONE EXCEPT FOR THE LANDSCAPER.
WELL, AND THEN THERE WAS A PERIOD OF TIME WHERE THEY DIDN'T, THE LANDSCAPER DIDN'T WANNA PUT PLANTS IN BECAUSE IT WAS IN THE MIDDLE OF THE SUMMER AND THEY KNEW THAT THEY WOULD DIE.
SO AGAIN, IS THAT OUR DING OR IS THAT THE LANDSCAPERS? I MEAN, THE REASON WHY THEY WERE BEHIND SCHEDULE IS BECAUSE ALL THESE OTHER THINGS THAT, THAT WERE IN THE WAY.
I I'M ASSUMING THAT I, I, UH, COUNSEL HAS SOME, MAY HAVE SOME MORE QUESTIONS AND WANT TO HAVE SOME MORE DISCUSSION, BUT I THINK THAT'S GONNA BE WITH STAFF.
WELL, I'D LIKE TO SIT DOWN WITH, UH, SHERRY AND LOOK AT THE LANGUAGE IN THE CONTRACT FOR EXTENDED GENERAL CONDITIONS.
UM, I, OKAY, WE CAN DO THAT AND SEE IF THERE WAS ANYTHING ON THERE.
AND WE WILL LOOK, I DON'T THINK WE HAVE ANYTHING.
[01:25:01]
LOOK AT EVERY CHANGE, CHANGE ORDER.TO GET BACK TO YOU TO SEE IF THERE WAS, I MEAN YEAH, BUT THEY DON'T GET 1700 A DAY FOR THE WEATHER CONDITIONS.
SO WE CAN TAKE THAT RIGHT OUT.
WE'RE NOT GONNA, AND JUST TO BRING UP, UM, FOR THE DAYS AND THE DAYS ON CHANGE ORDERS, I, WE DID TRY ON THREE EVENTS TO COME WHOLE ON DAYS.
AND WE WERE TOLD TO DISCUSS THAT AT THE END OF THE TRIAL.
BY BY WHO? UH, CITY PERSONNEL.
SAL, YOU WANNA SPEAK TO THAT? EXCUSE ME.
I WAS NOTIFIED THAT THE ROAD WALKTHROUGH, THE ROADS THEMSELVES WALKTHROUGH WERE DONE ON OCTOBER 25TH.
THE ROAD WALKTHROUGH, ROAD WALKTHROUGH WAS OCTOBER 25TH FOR ROADS.
SO ALL THE WATER, ALL THE WATER, SEWER, EVERYTHING.
IT WAS ALREADY DONE OCTOBER 23.
SO IT WAS JUST LANDSCAPING AND LIGHTING, IRRIGATION.
AFTER THAT LIGHTING WAS OVER THERE.
UH, THERE WAS ELECTRICAL TO TIE IN.
IT'S GOT ONLY RELATED TO, ONLY RELATED TO THE, UH, ION.
SO, SO YOU, SO YOU SAY YOU, YOU DON'T KNOW OCTOBER WHO PERSON YOU TALKED TO? OCTOBER.
OCTOBER WHEN THEY TOLD YOU THAT? HAVE TO LOOK AT THE EMAIL.
BUT IT WAS, IT'S SEVEN MONTHS.
IT WOULD EITHER BEEN SALES OR YEAH, ALREADY EDDIE.
SO IS IS THAT, DOES A BULK OF THIS THESE DAYS, THE A BULK OF THE 360 6, IS THAT AFTER OCTOBER? YEAH.
AND THEN NOVEMBER, DECEMBER, JANUARY, MARCH, APRIL, MAY, LIKE SIX OR SEVEN MONTHS OF LANDSCAPING AND YEAH, 130 DAYS, 180 DAYS.
NOT, WELL, NOT, NOT, WE FOUND SOME SEWER IN THE WRONG PLACE.
I SAID NOT THIS GAS PIPE GOT LIT.
LIKE I SAID, I WAS OUT IN THE FIELD.
AND, AND I WENT OUT, YOU KNOW, I'D GO OUT THERE AND, BECAUSE AGAIN, THAT'S JUST, I HAD THE TIME TO DO IT.
BUT MY, AND WE TALKED ABOUT IT A LOT WAS IS THAT YES, ON OC OCTOBER 23RD, THE WALKTHROUGH WAS DONE ON THE BIG STUFF, THE BIG COMPANY, YOU FINISHED YOUR PIECE, THEN IT CAME ALL YOUR SUBS AND IT WAS LIKE THE WORLD STOPPED.
UH, MOST OF THAT WAS AN UNWILLINGNESS OF THE SUBS TO COME DOWN WITHOUT, IS THAT MY PROBLEM OR IS THAT YOUR PROBLEM? WHO HIRED THE SUBS? I DID.
BUT IF THEY DIDN'T HAVE A COMPLETE SET OF PLANS OR IRRIGATION, THEN WHAT, WHAT ARE WE TO DO ABOUT THAT? MANAGEMENT OF YOUR SUB IS NOT THE RESPONSIBILITY.
THAT'S WHY WE GOT HAVE CONTRACTOR.
WELL, I DON'T KNOW WHAT YOU MEAN BY PLANS AND HOW COMPLETE THEY GOTTA BE TO PLAN UP TO DO THAT.
THE FACTS MATTER AND ALL THIS STUFF.
THAT JUST SEEMS WEIRD THAT WE'RE TALKING ABOUT.
'CAUSE I'M, THIS WHOLE TIME I'M SITTING HERE THINKING IT'S LIKE BIG, BIG DELAYS AND EVERYTHING, BUT MORE THAN HALF OF IT WAS SUB PLANTS PUTTING IN PLANTS AFTER THE STREETS WERE ALREADY BUILT.
IT, IT WAS STRIPING AND YOU KNOW, AND AGAIN, STRIPING, A LOT OF TIMES IT WAS, THEY COULDN'T COME IN AND STRIPE BECAUSE OF WEATHER.
'CAUSE YOU CAN'T STRIPE IT IF THE STREET'S WET.
SO THEY HAVE, THEY COULDN'T COME IN AND, AND THOSE TYPE OF THINGS.
BUT IT'S AGAIN, IT JUST, IT, IT JUST, LIKE I SAID, ONCE TO ME, ONCE WE FINISHED THE BULK OF THE WORK, MC SQUARE WAS DONE WITH THE BULK OF THE WORK AND IT WAS ALL UP.
THE SUBS HARDLY SAW ANY MC SQUARE TRUCKS SITTING AROUND ANYWHERE OR NOTHING.
IT WAS, WE WERE JUST WAITING FOR SUBS TO SHOW UP AND A LOT OF TIMES IT WAS US CALLING THE SUBS TO FIND OUT WHERE THE HELL ARE YOU.
IT WASN'T YOUR GUY THAT WAS OUT THERE SAYING, WHERE IN THE HELL ARE YOU? SO I DON'T EVEN KNOW.
I, I MEAN, I'M QUESTIONING HOW WELL IT WAS MANAGED AFTER YOU FINISHED POURING YOUR CONCRETE.
SO, SO, UM, THE WEEKLY MEETINGS WERE ATTENDED BY OUR COO AND THE VICE PRESIDENT AND, AND RYAN.
UM, UH, WHILE ALL THOSE THINGS WERE GOING ON, THEY WOULD VOICE THEIR CONCERNS ABOUT THE THINGS THAT WERE NECESSARY RIGHT.
SO I, I DON'T, I DON'T WOULDN'T CREDIT IT WITH A, A LACK OF MANAGEMENT.
UM, BECAUSE WE, WE MANAGE CONTRACTS ALL DAY LONG AND, UM, DO THEM SUCCESSFULLY.
JUST, I, I GUESS MY PART ON LACK OF MANAGEMENT IS, IS THAT YOU'VE GOT A, YOU'VE GOT A CONTRACT.
YOU AGREED TO DO IT IN 365 DAYS.
WE'RE GOING TOWARD 366 DAYS AND THERE'S NOBODY OUT IN THE FIELD DOING ANY WORK.
[01:30:01]
ABOUT MANAGEMENT IS THEN YOU PICK UP THE PHONE, YOU CALL YOUR CONTRACTOR AND SAY, GET DOWN THERE AND DO THE JOB OR FIND ANOTHER CONTRACTOR TO SHORTEN THE DAYS.IF, IF WE'RE, IF, IF, IF AGAIN, IF, IF, IF FOR SOME REASON WE DIDN'T HAVE A PIECE OF INFORMATION, THEN OKAY, THAT'S ON US.
BUT I DON'T, I WOULD FIND IT HARD PRESSED TO SAY THAT ALL THE DELAYS THAT I SAW EMPTY STREETS OF NOTHING GOING ON IS BECAUSE WE DIDN'T GIVE YOU A PLAN OR WE DIDN'T UPDATE A PLAN.
THE, THE DETAILS OF OF THAT ARE IN THE, IN THE CLAIM BOOK THAT WE PROVIDED.
SO IF, IF YOU WOULD LIKE TO SEE THE, I CAN'T RECALL THEM FROM, DO WE HAVE A COPY OF THAT? UH, YES.
WELL THEN STAFF DOES, DO YOUR SUBS CHARGE YOU EXTENDED GENERAL CONDITIONS? LIKE HOW MUCH OF THE 1700 WE'RE PAYING YOU? ARE YOU PAYING TO THE SUB? 'CAUSE THEY DIDN'T WORK THAT DAY.
SO, SO THEY WERE JUST UNWILLING TO COME DOWN AND, AND NOT BE ABLE TO COMPLETE WORK, UH, BASED ON, ON WHETHER IT WAS INCOMPLETE PLANS OR, OR, UM, LACK OF IRRIGATION BECAUSE THEY KNEW THAT THEY HAVE A WARRANTY AND THEY WOULD HAVE TO REPLANT THE PLANTS, UH, IN THE EVENT THAT THEY DIED.
WELL, IT WAS ON UPON THE PLANS THEMSELVES THAT, UH, THAT WOULDN'T PROPERLY, THE PLANS WERE IS IS THAT ALREADY? DID WE HAVE PLANS OR WE JUST DIDN'T HAVE WIRES HOOKED UP? WE DIDN'T HAVE POWER HOOKED.
THERE WERE PLANS, BUT THEY DIDN'T SHOW THE LOCATION OF THE, UH, OF THE, OR THE METER ITSELF, UH, OF THE CONTROL BOX ITSELF.
BUT I ASSUME THAT'S ALREADY FIGURED INTO WHAT WE ARE SAYING WE'RE RESPONSIBLE FOR.
THAT'S ALREADY BEEN KNOW, WE'RE NOT TAKING A POSITION THAT THE, THAT STUFF'S NOT OURS.
AND WE'VE, IT'S ALREADY BUILT INTO THE FACT WE'RE GIVING 'EM SOMETHING AND WE'VE AGREED TO THOSE DAYS AND THAT'S WHAT I WAS THERE.
THEY'VE ASKED FOR THOSE DAYS THAT THE POWER COULDN'T BE CONNECTED TO THE CONTROLLERS THAT WE HAD TO GET CENTERPOINT INVOLVED TO DO THAT.
SO NOBODY'S TRYING TO BE UNFAIR TO YEAH.
BUT WE JUST WANT IT FAIR BOTH WAYS.
NO, BUT I, AND I UNDERSTAND THAT AND I UNDERSTAND YOUR, YOUR POINT.
UM, WE'VE DEMONSTRATED, UM, EVEN TOWARDS THE END OF THE PROJECT, A WILLINGNESS TO, TO, UM, UH, COMPROMISE.
UM, AND, UM, THIS IS OUR, OUR EXTREME POSITION, IF YOU WILL.
UM, IF THERE'S NO FURTHER COMPROMISE.
SO YOUR 251 DAYS, YOU'RE SAYING YOU COMPROMISED ON THE 250 YOU SAID IT SHOULD HAVE BEEN.
SO YOU'RE TELLING ME IT SHOULD HAVE BEEN MORE DAYS? NO, WE, WE ARE DEMONSTRATED A WILLINGNESS TO COME DOWN ON THE 251 DAYS.
SO WE, BY, BY, UM, YOU KNOW, COMING UP OUT OF A LIQUIDATED DAMAGE POSITION PUTS US IN A, IN A MUCH BETTER LIGHT, IF YOU WILL.
'CAUSE THAT WAS, I REMEMBER I'M NOT JUST THE TERM LIQUIDATED DAMAGES, BUT THE, THE ACTUAL MONEY DAMAGE OF THE A HUNDRED THOUSAND DOLLARS, $108,000.
UM, SO, UM, WE, WE OFFERED SOME FLEXIBILITY THERE THAT, UM, UH, I WOULD LIKE THE, THE COUNSEL TO ALSO PLEASE CONSIDER, SO I KNOW YOU, UH, CONTRACTORS USUALLY GO FOR TRYING TO GET THE MONEY PER, PER OWNERS.
WE HAVE DEEPER POCKETS, BUT I THINK IN THIS CASE, YOU NEED TO GO AFTER YOUR SUBCONTRACTOR AND LOOK FOR LIQUIDATED DAMAGES FROM THEM OR NOT THEM COMPLETING THE, THE LANDSCAPING JOB.
HAD THEY DONE THEIR PART AND COMPLETED THE JOB, WE WOULDN'T BE HAVING THIS DISCUSSION.
SINCE ALL THE WORK THAT WAS DONE WAS AFTER YOU COMPLETED YOUR PART.
SO, UH, I WOULD SUGGEST THAT, UH, UH, YOU KNOW, IT'D BE HARD FOR THIS COUNCIL TO SIT HERE AND TELL THEIR TAXPAYERS WHO AS WELL SUFFERED THE, UH, DELAYS OF DOWNTOWN, UH, GETTING BACK AND BUSINESS PEOPLE ARE ABLE TO GO SHOP WHERE THEY LIKE TO SHOP AND BUSINESS OWNERS TO TELL THEM THAT THEY'RE GONNA DO EXTRA PAY FOR THEIR TAXES, EXTRA REVENUE IN, UH, PENALTIES.
WHAT ARE THE KEY COMPONENTS? SORRY, GO AHEAD.
NO, AND I, I APPRECIATE YOUR POSITION AND, AND ALL OF YOU REPRESENTING YOUR, YOUR CITIZENS THE BEST INTEREST OF YOUR, OF YOUR CITIZENS.
UM, WE TRIED TO EXECUTE A CONTRACT WITHIN THE, THE CONTRACT DAYS AND WE OFFERED SOLUTIONS TO TRY TO DO THAT.
IT, IT GOT EXTENDED, EXTENDED OUT AND UM, YEAH, BUT YOU CAN'T SAY FOR WHATEVER REASON THAT REASON MATTERS.
45 REASONS 45 WHEN YOU GOT PAID FOR, YOU GOT PAID FOR.
DON'T BRING THAT UP AGAIN BECAUSE YOU GOT PAID FOR THAT.
MA'AM, I HAVE TO BRING IT UP BECAUSE WE DID NOT AGREE TO
[01:35:01]
THE, THE NUMBER OF DAYS, BUT WE AGREED.BUT YOU DID GET PAID FOR AT THE JOB, CORRECT? WHAT, WHAT, WHAT, WHAT, WHAT ARE THE, THE MAJOR COMPONENTS OF THE 1700, IF YOU CAN RATTLE OFF THE TOP THREE, TOP $3 COMPONENTS.
I'D SAY LEASE TRAFFIC CONTROL.
WHAT? TRAFFIC LEASE OF WHAT? UH, OFFICE AND YARD.
YOU TALKING ABOUT 1 29 WAY THEY'RE OVERHEAD.
IT'S, THEY'RE JUST TAKING FOR A JOB.
HEY CORY AND YOUR, FOR A JOB, THE OVERHEAD FOR A, FOR THEM, THEIR OVERHEAD IS $1,700 A DAY FOR A JOB.
AND THEN THE YARD THAT WAS LEFT A MESS OVER ACROSS FROM URBAN EVE.
NO, YOU TALKING ABOUT HE'S TALKING ABOUT THEIR YARD.
YOU, YOU'RE TALKING ABOUT YOUR YARD, NOT THE YARD THAT YOU HAD OVER HERE IN THE CITY.
NO, THE, THE YARD THAT WE HAD WOULD INVOLVE UPON, CORRECT.
YES, IT WAS, YEAH, YEAH, YEAH, YEAH.
SO LEASE FOR I'M GONNA, I'M GONNA TELL YOU THAT LEASE, NEITHER OF THOSE LEASES OR PAYMENTS EQUALED $1,700 A DAY.
WELL, HE WOULD'VE BACKED IT UP WITH INVOICES.
AND AS WELL AS OUR SUPERINTENDENT THAT, THAT'S JUST LIKE WHERE, WHERE YOU HAD IT ON RENT.
SO LIKE EVERY DAY YOUR, YOUR SUBS DON'T SHOW UP TO DO THE LANDSCAPING.
'CAUSE HE'S KEEPING THE YARD BECAUSE HE IS GOT KEEP NO, YEAH.
IF, IF WE'VE GOT RENT, HE'S KEEPING SKID STEER HERE.
HE IS KEEPING HIS DIDN'T GET CHARGED FOR THE YARD.
YOU GET CHARGED FOR THE, THE LEASE.
THE 1 29 CIRCLE WAY, BUT NOT FOR THE YARD.
WHAT'S THE DIFFERENCE? WE HAVE A LEASE FOR BOTH TWO DIFFERENT PROPERTIES.
HE, HIS STATEMENT WAS, WE HAVE A LEASE FOR BOTH.
AND, AND I MEAN THAT, THAT'S EASY ENOUGH TO, TO BACK UP.
Y'ALL HAVE ANY QUESTIONS FOR THESE GENTLEMEN? OTHERWISE WE NEED TO MOVE ON AND WE'LL HAVE, WE'LL FINISH THIS UP WITH STAFF AND THEN WE'LL HAVE TO DO THIS, UH, SOME MORE.
BUT WE GOTTA DO SOME MORE RESEARCH.
LET'S LOOK AT THESE TWO THINGS THEN GET BACK WITH COUNCIL AND THEN WE'LL GET BACK WITH, UH, EMPTY SQUARE.
AND WE MAY HAVE, WE MAY, MAYBE THE RIGHT ANSWER MIGHT BE IS JUST PULL A FEW COUNCIL MEMBERS TO WORK WITH STAFF TO WORK ON SOME OF THESE STUFF AND THEN BRING IT BACK TO US.
AND, UH, WE'D BE, WE'D WELCOME THAT.
I MEAN, WE, WE NEED TO, WE HAVE, IT'S OBVIOUS.
WE'VE GOT QUESTIONS AND WE NEED TO GET THOSE QUESTIONS CLEARED IN THEIR HEAD.
AND IF WE HAVE ANY QUESTIONS THAT, THAT YOU, THAT STAFF CAN'T ANSWER, WELL THEN WE'LL GO BACK TO THEM AND, AND GET THE ANSWERS.
BUT, UH, WE STILL GOT A LONG WAYS TO GO.
WELL WE, WE APPRECIATE THE, THE OPPORTUNITY HERE.
UM, AND THIS IS EXTRAORDINARY THAT, THAT, THAT YOU'VE, UH, ALLOWED US THIS MUCH TIME.
AND AGAIN, UH, YOU KNOW, OUR QUESTIONS WERE FOR CLARITY AND STUFF AND OUR COMMENTS WERE FOR CLARITY, TRYING TO GET CLARITY AND STUFF.
AND, AND, AND, UH, THAT THOSE ARE JUSTIFIED.
OKAY, SO WE'LL GET BACK, UH, MODESTA WE'LL GET BACK WITH, UH, COUNSEL ON YES.
WHAT, AFTER YOU LOOK AT SOME OF THESE, LET'S LOOK AT SOME MORE OF THIS STUFF.
DO I HAVE A COUPLE OF COUNCIL MEMBERS THAT WOULD LIKE TO VOLUNTEER WHERE WE HAVE THE INFORMATION TOO? SURE, I'LL HELP WITH IT.
[2. Approve Resolution No. 967 to increase building permit and Fire Marshal fees. – Sherri Russell/David Walton]
ALRIGHT, WE'LL MOVE ON TO, UH, ITEM TWO IS APPROVE, UH, RESOLUTION NUMBER 9 6 7 AND TO INCREASE BUILDING PERMIT AND FIRE MARSHAL FEES.DO YOU HAVE A RESOLUTION? I DO.
THE BUILDING DEPARTMENT FIRE FEES WERE AMENDED IN 2019, WHEREAS THESE FEES HELP COVER THE ADMINISTRATIVE COST, INCLUDING SALARIES AND OPERATING EXPENSES ASSOCIATED WITH PROCESSING PERMITS.
AND THE COST OF PROVIDE SERVICE HAS INCREASED NOW THEREFORE BE RESOLVED BY THE COUNCIL OF THE CITY OF LAKE JACKSON.
THAT THE BUILDING DEPARTMENT FEE SCHEDULE THAT IS ATTACHED AS EXHIBIT A AND THE FIRE MARSHAL'S OFFICE FEE SCHEDULE ATTACHED TO EXHIBIT B ARE HEREBY ADOPTED.
WE HAD QUITE A BIT OF DISCUSSION AT THE LAST COUNCIL MEETING ABOUT THIS.
ANYBODY HAVE ANY FURTHER QUESTIONS ABOUT IT? ANYBODY ON COUNCIL? IF NOT, I'LL TAKE A MOTION TO MOVE FOR RESOLUTION.
I HAVE A MOTION BY COUNCILMAN HANYA AND A SECOND BY COUNCILWOMAN SETH.
THE RESOLUTION HAS THE EFFECTIVE DATE.
DATE OF WHEN THIS WILL BE IMPLEMENTED.
OH, EFFECTIVE DATE? I THOUGHT WE TALKED ABOUT JANUARY 1ST AND COUNCIL
DOES IT I DIDN'T, I DIDN'T PUT THAT IN THE RESOLUTION.
[01:40:01]
NOT THIS ONE.WAIT, IT WAS THE BUILDING CODE ADOPTION, RIGHT? OF THE 2024 THAT WE WANTED TO PUSH BACK.
BUILDING CODE WE WANNA PUSH BACK, BUT RIGHT.
SO THIS IS, SO WHAT IS THE WE DON'T HAVE, WE HAVE TWO, THERE WAS TWO THINGS.
IT WAS THE FEES AND THE BUILDING CODE.
AND THE BUILDING CODE IS THE ONE, IS THAT WE WERE GOING TO PUSH IT TO SEPT.
HAVE WE HAVEN'T BROUGHT THAT TO YOU.
SO WHAT WAS STAFF THINKING ON THE EFFECTIVE DATE FOR WE, JANUARY 1ST.
ALRIGHT, SO SOMEBODY WANT TO, UH, SEE VINAY YOU YEAH.
YOU WANNA AMEND YOUR I'M MAKE MY MOTION TO DO THE EFFECTIVE JURY FOR 2025.
AND RHONDA, YOU'RE GOOD WITH THAT? YES.
WHICH STILL HOLDS YOUR SECOND.
ANY FURTHER DISCUSSION AGAIN? UH, THIS IS ON THE, UH, FEES, RIGHT? YES, SIR.
[3. Discuss and consider participating in the Kroger Opioid Settlement Agreement. – Sherri Russell]
AYE.WE'LL MOVE ON TO ITEM THREE, DISCUSS AND CONSIDER, UH, PARTICIPATING IN THE KROGER OPIOID SETTLEMENT AGREEMENT.
SHERRY, YOU WANNA TALK ABOUT THIS? I CAN ADD TO IT TOO, I GUESS.
SO, UM, THE ATTORNEY GENERALS CONTINUE TO FIND GUILTY PARTIES OR PEOPLE TO BLAME FOR THE OPIOID CRISIS.
KROGER PHARMACIES, AND I'M SURE OTHERS WILL COME, UM, TO THE FOREFRONT THAT THEY'RE PROBABLY NEGOTIATING WITH.
PHARMACIES ARE SUPPOSED TO NOT SHIP HUGE AMOUNTS OF OPIOIDS OUT.
YOU'RE SUP THEY'RE SUPPOSED TO FLAG PEOPLE.
THEY'RE SUPPOSED TO TELL THEM NOT TO.
THEY'RE SUPPOSED TO NOT REALIZE WHAT'S GOING ON AND, AND STOP GIVING OUT THE DRUGS AND STOP ORDERING THEM.
AND SO NOW THEY'RE PART OF THE SETTLEMENT AND WE'VE DONE THIS BEFORE.
WE DON'T KNOW HOW MUCH WE'RE GONNA GET.
A FEW THOUSAND, I GUESS, ISN'T THAT WHAT WE'VE GOTTEN SO FAR? AND, UM, WE DON'T HAVE TO DO ANYTHING EXCEPT FILL OUT THE FORM WITH Y'ALL'S APPROVAL AND WHAT IT, IT WON'T COST US ANYTHING.
AND WHAT IT DOES IS IT'S, IT'LL REIMBURSE US FOR COSTS IN THE PAST THAT WE'VE HAD ON, LIKE I SAID, THE TRAINING AND ALL THE STUFF THAT WE HAD TO DO AT EM S WITH PD AND THEN PUTTING ALL THE MEDICATIONS AND STUFF FOR, UH, WHATEVER IT'S CALLED, NARCAN WITH PATROL CARS, NARCAN, WHAT IS TO HELP US NALOXONE, THE PURPOSE OF IT IS TO REIMBURSE AND THEN IF YOU, IF YOU HAVE FUNDS LEFT OVER TO USE IT FOR EDUCATION AND ALL THIS KIND OF STUFF.
JAMES, DO YOU HAVE A NUMBER THAT WE'VE RECEIVED TO DATE? 28,004 17.
I THOUGHT IT WAS MORE THAN THAT.
YEAH, AT FIRST THEY TALKED IT WAS GONNA BE, I, GOD IT IS.
THREE YEARS AGO, I GUESS WE SAT WITH SHERRY AND I SAT WITH THE ATTORNEY GENERAL'S OFFICE.
WE WERE GONNA BE ROLLING ON IT.
WE, IT WAS GONNA BE, YOU KNOW, BUT ANYWAY, IT IS WHAT IT IS.
SO ALL OF ALL OF THE SUBDIVISIONS IN TEXAS GET THE, GET 15% OF THE $83 MILLION.
SO ALL POLITICAL SUBDIVISIONS IN TEXAS ARE ONLY GETTING 50% OF THAT $83 MILLION.
SO IT'LL GET DIVIDED UP AT, AT SOME POINT AND GIVEN TO US.
I DON'T KNOW WHAT THEY'RE GONNA DO WITH THE REST OF THAT 83 MILLION.
AT THE VERY BEGINNING THEY WERE TALKING ABOUT, THEY HAD ALL THE DATA THAT THEY COULD FIND THAT THEY COULD DETERMINE THAT THE IMPACT WAS THIS LARGE IN THE CITY OF LAKE JACKSON.
SO THAT'S HOW WE'RE GETTING THESE BIG NUMBERS AND STUFF.
AND NOW, I MEAN, HOW DID THEY COME UP WITH THIS? UH, IT'S JUST, BUT ANYWAY, IT'S THE, THE GOOD THING ABOUT IT IS THEY'RE HANDLING IT BETTER THAN THEY DID THE TOBACCO SEDIMENTS.
'CAUSE I THINK THE COUNTY STILL HAS FUNDS FROM THE TOBACCO SETTLEMENT, UH, SETTLEMENT THAT WAS MADE.
AND ANYWAY, BUT IT'S, WE'LL USE A, WE'LL USE THE MONEY WISELY, UH, AND STUFF, SO.
UH, SO A NEED, UM, I GUESS A MOTION TO MOVE FORWARD WITH THAT.
IS THAT RIGHT? SHERRY? YOU NEED A MOTION? YES.
A MOTION TO, TO APPROVE JOINING THE OPIOID SETTLEMENT FOR KROGER.
I WILL, WILL MAKE A MOTION TO, UH, APPROVE THE MOTION ORDINANCE, UM, OH WAIT, I'M ON THE WRONG ONE.
UH, TO MAKE A MOTION TO JOIN THE KROGER OPIOID SETTLEMENT AGREEMENT.
ALRIGHT, WE HAVE A MOTION BY COUNCILMAN SETH, SECOND BY COUNCILMAN BEE.
ANY FURTHER DISCUSSION? ALL IN FAVOR? AYE.
[4. Discuss and consider the first reading of Ordinance No. 2293, amending Ch. 98 of the Lake Jackson Code of Ordinances to reduce the length of the Willow Drive school zone. – Sherri Russell]
ALRIGHT, THANKS.WE'LL MOVE ON TO, UH, ITEM FOUR, DISCUSS AND CONSIDER FIRST READING OF ORDINANCE NUMBER 2 2 9 3 REMAINING CHAPTER 98 OF THE LAKE JACKSON CODE OF ORDINANCE TO REDUCE THE LENGTH OF WILLOW DRIVE SCHOOL ZONE.
AGAIN, THIS IS WHAT WE TALKED ABOUT IN DEPTH, UH, LAST COUNCIL MEETING.
SO WE HAVE ORDINANCE IN FRONT OF US.
[01:45:01]
DISCUSSION OR QUESTIONS ON THIS ONE? NO, I'M NOT, UH, YOU WANNA READ THE ORDINANCE? THIS IS AN ORDINANCE BY THE COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS AMENDING CHAPTER 98 TRAFFIC AND REDUCING THE LENGTH OF WILLOW DRIVE SCHOOL ZONE, PROVIDING FOR A PENALTY, PROVIDING A SAVINGS CLAUSE, PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE ENFORCED FIVE DAYS AFTER PUBLICATION.ALL RIGHT, UH, IF THERE'S ANY DISCUSSION, I'LL TAKE A MOTION ON FIRST READING.
I'LL MAKE A MOTION, UH, TO APPROVE THE FIRST READING ORDINANCE NUMBER 2 2 9 3 AMENDING CHAPTER NINE EIGHT OF LAKE JACKSON CODE ORDINANCES TO REDUCE THE LENGTH OF BELOW DRIVE SCHOOL ZONE.
SECOND, UH, I'LL GIVE COUNCILMAN BAKER.
HE JUST BEAT YOU BY PRETTY NIMBLE OVER THERE.
HAVE A MOTION BY COUNCILMAN SETH.
UH, COUNCILMAN SECOND BY COUNCILMAN BAKER.
ANY FURTHER DISCUSSION ON AYE.
[5. New Business Updates – David Walton]
ALL RIGHT.WE'LL MOVE ON TO THE DAVID WALTON HOUR.
UH, ERIC TOLD ME I HAD THREE AND A HALF, SO, UM, YOU'LL NOTICE THE
SO, UH, THE, UM, A COUPLE OF OF NOTED UPDATES, THE HOME TWO SUITES IS IN THE FINAL STAGES OF OBTAINING THEIR CERTIFICATES OF OCCUPANCY.
I KNOW THAT THEY'VE GOT JUST A COUPLE OF VERY MINOR THINGS TO DO ON THE SITE FOR ENGINEERING.
THEY HAVE A FEW MINOR THINGS TO DO, UH, IN THE BUILDING FOR THE BUILDING DEPARTMENT, AND I BELIEVE THE FIRE MARSHAL'S OFFICE DID PASS THEM.
SOME THINGS TO DO FOR THE FIRE MARSHAL'S OFFICE,
UH, THEY ARE AT A POINT WHERE THEY, THEY, UH, UH, COULD START TRAINING THEIR STAFF AND WHATNOT.
SO, UH, WE SHOULD START SEEING, UH, THEM GOING WITH US.
UH, AND THEN WE DID GIVE THE ANIMAL CONTROL FACILITY FOR THE CITY OF LAKE JACKSON THE GO AHEAD TO START ON THEIR SITE WHILE THAT'S HOW THEY WERE FLAGGING TREES AND STUFF.
WELL, WE'RE STILL JUST DIRT WORKING FOR A FEW THINGS, THINGS ON, ON THE BUILDING.
THEY, THEY'RE STARTING TO, TO MOVE DIRT AND FLAG TREES AND, AND GET READY TO START BUILDING THE FLAGSHIP.
SO WE'RE GONNA, WE'RE GONNA ADD TO THE TRAFFIC THAT THE LADY WAS COMPLAINING ABOUT.
AND ANY AMOUNT OF DIRT ON THAT SECTION OF THE ROAD, IT'S GONNA INCREASE TOO BECAUSE WE'RE GETTING INTO THE MUDDY SEASON.
AND YOU'VE GOT THE ANIMAL CONTROL FACILITY AND THE, UH, SBCA RIGHT NEXT DOOR TO EACH OTHER.
COMPETING FOR, UH, SLINGING MUD AIR, APPARENTLY.
ALRIGHT, ANY QUESTIONS, COMMENTS, OR CONCERNS? UH, THE MILLION DOLLAR QUESTION, WHAT IT'S GONNA TAKE TO PLACE OF LUBY.
OKAY, SO I KNOW THAT, UH, THAT, THAT THE BUILDING WAS SOLD TO A LOCAL GROUP.
UM, I DO BELIEVE THAT, UH, I HAVE NOT HEARD THAT THEY HAVE A SPECIFIC PLAN AS OF RIGHT NOW.
I THINK THAT THEY'RE LOOKING TO SEE, UM, HOW THE MARKET FAIRES, UH, GIVEN THE CURRENT POLITICAL, UM, CLIMATE.
AND, UM, AS SOON AS WE KNOW SOMETHING, WE'LL BE ABLE TO UPDATE MODESTO AND THEN HE CAN PUT THAT IN, IN, IN YOUR COMMUNICATIONS.
SO MY UNDERSTANDING IS THAT HE OFFERED LUBY TO STAY OR THE NEW RATE AND RUBY LUBY'S DECLINED.
SO THAT, THAT'S MY UNDERSTANDING ALSO, HOWEVER, LUBY'S DOES HAVE A HOME LOCAL, NOT NOT TOO FAR AWAY.
AND UH, IT, THAT IS THEIR, THEIR FOOTHOLD IN IN ANGLETON SEEMED TO HAVE TAKEN REAL WELL.
AND SO THEY'RE LOOKING AT, AT KEEPING THAT GOING.
JUST WANNA SAY THEY SOLD OUR FISH.
WHAT SOLD YOUR FISH? THEY SOLD OUR, THEY STOLE OUR FISH.
ANYTHING ELSE ON M OH, OKAY, I GET IT.
I THOUGHT MAYBE HAD STOLEN THEIR FISH.
[6. Staff Updates]
ALRIGHT.UH, WE'LL MOVE ON TO CITY MANAGER.
I DON'T HAVE IT IN FRONT OF ME.
UM, THEY'VE PAID APPROXIMATELY 75, UH, THOUSAND DOLLARS.
UH, THE BALANCE IS 35, WHICH INCLUDES JUST THE, THE NEXT THIS MONTH'S, UH, BILL.
BUT OUT OF WHAT WAS OWED, YOU KNOW, UH, OUT OF THE 77 THEY'VE PAID, YOU KNOW, THEORETICALLY 75.
THAT'S THE WAY THEY, YOU KNOW, WERE LOOKING AT IT.
UM, YOU KNOW, WE'VE REMINDED THAT WHAT WE'VE BEEN DOING IS APPLYING, YOU KNOW, THE BILL, WHATEVER PAYMENTS HAVE BEEN THE CURRENT BILL AND THEN THE BALLOTS.
THEY WERE LOOKING AT IT AS WE'RE WORKING AND CONCENTRATING ON THE, THE, THE, ON THE BALANCE.
AND SO RIGHT NOW THE BALANCE IS 35,000.
THEY HAVE, AND MOST OF THAT IS LATE FEES.
THERE ARE NO LATE FEES IN THAT.
UH, I DID CHECK WITH, UH, NOT PUT LATE FEES IN THAT THEY DID ASK US FOR, UH, WHEN YOU SAY LATE FEES, YOU'RE TALKING ABOUT LATE FEES OR WHAT THEY OWE US IN
[01:50:01]
FROM NOT PAYING IN THE PAST? WE'RE NOT PAYING, YEAH.WE HAVE NOT, UH, BECAUSE WE HAD AN AGREEMENT, WE DIDN'T HAVE, UH, THE LATE FEES.
THAT'S, WE WERE JUST TRYING TO GET THE BASIC AMOUNT.
SO THE 35 WE WAIVED THOSE THINGS.
THE 35,000 BALANCE INCLUDES MONTHS PASSED THAT THEY DIDN'T PAY.
SO WHAT HE'S TALKING ABOUT ON LATE FEES IS THAT WITH PUTTING AN ADDITIONAL PENALTY ON THEM, OH, WE, WE AGREED NOT TO DO THAT.
SO, UM, SO RIGHT NOW THE BALANCE IS, UH, 35.
AFTER THEY'VE MADE THAT, THEY SAID THEY WOULD UH, BE MAKING ANOTHER PAYMENT AND THE NEXT 15 DAYS THEY HAVE MET THEIR PROMISE OF, YOU KNOW, EACH TIME THEY SAID THEY HAVE GOING TO PAY US THE AMOUNT.
THEY HAVE DONE THAT, UH, THEY'VE ASKED BECAUSE THEY'VE MADE A, YOU KNOW, THIS EFFORT.
IF WE WOULD CONSIDER TAKING THE SIGN DOWN, I'M OKAY WITH THAT.
I'VE TALKED WITH STAFF, WE ARE OKAY WITH TAKING THE SIGN DOWN.
WE'VE BEEN HAVING A, YOU KNOW, OPEN CONVERSATION WITH THE RESIDENTS, LETTING THEM KNOW WHEN THEY MAKE A PAYMENT, WHAT IT'S 'CAUSE THEY'RE COMMUNICATING TO THE RESIDENTS WHEN THEY MAKE A PAYMENT.
AND THEN WE GET CALLS AND WE CON WE CONFIRM THAT.
SO, UM, AT THIS POINT, I MEAN WE'VE NOTIFIED EVERYBODY.
I, UM, WELL A AGAIN, YOU SAY THAT YOU'RE OKAY RIGHT NOW.
YOU'RE SAYING YOU AND STAFF ARE OKAY WITH TAKING THE SIGN DOWN? MY ISSUE WITH TAKING THE SIGN DOWN WAS, IS WE DID NOT GET ANY ACTION UNTIL WE PUT THAT SIGN UP.
I'D SAY THE SIGN COMES DOWN IF THEY'RE PAID IN FULL OR THE WATER'S OFF.
I MEAN IT'S, I DON'T WANNA TAKE IT DOWN TO PUT IT BACK UP.
AND ARE THEY GONNA END UP NOT, WE TAKE IT DOWN TOMORROW AND THEN THEY SIGN 20 NEW LEASES AND THEN WE STILL HAVE TO TURN THE WATER OFF IN JANUARY.
THAT'S NOT RIGHT TO THE PEOPLE.
AT LEAST SIGN LEAVE, LEAVE SIGN UNTIL WE HAVE ZERO AREAS MONEY.
I JUST, UM, I WAS JUST THINKING THEY'VE PAID US AND JUST AS A GOOD FAITH EFFORT TO TAKE IT DOWN.
'CAUSE WE CAN ALWAYS PUT IT BACK UP, BUT I DON'T, I DON'T KNOW HOW IT'S AFFECTING THEIR TENANCY RATE, BUT, AND THE MORE TENANTS THEY HAVE, THE EASIER IT IS.
THE DEAL IS IS THAT FOR THEM TO PAY US, I THINK OUR POSITION IS, IS THAT WE'VE GONE, WE'VE OFFERED THE OLIVE BRANCH FOR A LONG TIME.
AND THEY, THEY, THEY PUT THEMSELVES IN THIS POSITION.
WE DID NOT PUT THEM IN THIS POSITION AND WE DIDN'T GET ANY MOVEMENT UNTIL WE PUT THAT SIGN UP.
I DON'T THINK THEY WOULD'VE CARED ABOUT THE LETTER.
THEY WOULD'VE GOTTEN UPSET ABOUT IT, BUT WE PUT THAT SIGN UP THERE AND THAT'S PREVENTING THEM, YOU KNOW, IT'S, IT'S, AND THE ONLY PURPOSE WE PUT IT OUT THERE WAS JUST TO EDUCATE AND INFORM PEOPLE OF IS THESE GUYS HAVEN'T BEEN PAYING THEIR WATER BILL AND AS OF IF THEY DON'T CORRECT IT BY JANUARY, WHATEVER, WE'RE SHUTTING THE WATER OFF.
AND SO WE'RE BEING VERY TRANSPARENT.
THAT'S ALL THAT PURPOSE OF THAT IS TO BE TRANSPARENT AND THE EDUCATION NEEDS TO CONTINUE.
SO IT NEEDS, YOU KNOW, THEY, THEY ARE NOT, UH, THEY HAVEN'T RESOLVED THEIR ISSUE WITH THE CITY UNTIL, SO DO WE HAVE AN ILLEGAL KICKBACK IF WE DON'T TAKE THE SIGN DOWN? NO.
I MEAN, WE'RE JUST TELLING THE TENANTS WHAT'S GONNA HAPPEN AND IT'S, IT'S, THERE'S NOTHING FALSE IN THE SIGN.
SO THEY CAN'T SUE US FOR LEAVING IT THERE.
AND THEY HAVE PAID SOME OF THE, SOME OF THE FEES, BUT THEY HAVEN'T PAID ENOUGH TO PREVENT THE WATER FROM BEING SHUT OFF.
SO IT'S, I MEAN AS RIGHT NOW, AS RIGHT NOW THEY HAVE, THEY HAVE NOT PAID THEIR BALANCE.
IN OTHER WORDS, A GOOD FAITH WAIT, HOW MUCH IS THE MONTHLY BILL? BECAUSE YOU'RE SAYING 35 THAT INCLUDES THE BILL THAT ISN'T DUE YET.
HOW MUCH IS THAT? LIKE 14? IT'S 14 OR 17,000.
SO I'M JUST SAYING, I JUST WAS TRYING TO FIGURE THAT OUT.
WE'RE JUST, I DON'T HAVE A PROBLEM LEAVING IT UP, BUT I WAS JUST WONDERING COULD THEY COME BACK AND SAYING THAT THEY'RE SHOWING GOOD FAITH THAT WE, BUT OUR GOOD FAITH HAS ALREADY BEEN EXTENDED AND THEY DECLINED IT.
OUR, I MEAN WE DID, WE DID OUR PART TO OFFER THAT AND WE'VE GOT DOCUMENTATION OF, IS THAT, AGAIN, WE'VE TALKED TO 'EM OVER A PERIOD OF TIME AND THEY'VE, THEY'VE ACTUALLY SAID, WE'LL PAY YOU, WE'LL PAY YOU.
AND THEY SET UP THEIR OWN SCHEDULE AND THEY DIDN'T EVEN COMPLY WITH IT.
THEN AGAIN, WE DID NOT GET ANY ACTION UNTIL WE PUT THAT SIGN UP.
SO AGAIN, LEAVE THE SIGN UP THERE.
MY MY POSITION IS LEAVE THE SIGN UP UNTIL THEY ARE PAID IN FULL AND ALL THEY OWE US IS IF THEY RECEIVE THE BILL TODAY, THEY OWE US FOR THAT BILL.
SO THE REASON, I OPINION, THE REASON WE HAVE ASSIGNED THERE IS NOT
[01:55:01]
FOR THEIR BENEFIT OR THEIR, UH, DOWNFALL IS FOR INFORMING OUR RESIDENTS FOR THEIR PROTECTION.BECAUSE, YOU KNOW, WE DON'T WANT THEM TO GET BLINDSIDED.
SO THAT DOES NOT CHANGE THAT EVERYBODY'S IN AGREEMENT.
HAVE YOU RESPONDED TO THE, THE NO, I WANTED TO WAIT UNTIL THIS MEETING BEFORE I RESPONDED.
ALRIGHT, SOUNDS LIKE WE'RE GONNA LEAVE THE SIGN UP.
UH, BELIEVE ANY KIND OF ACTION, UM, BUT WE CAN WE LOWER THE LIEN? WE WOULD LIKE, DO YOU HAVE 77,000? YOU CAN ADJUST THE, I MEAN I, I I DON'T HAVE A PROBLEM WITH YOU ADJUSTING THE LIEN.
YEAH, WE WOULD'VE LIKED TO, TO ALSO, AND IT'S NOT A PROBLEM.
I MEAN, UH, AGAIN, I, I THINK IT WAS OKAY TO WAIT.
I MEAN, I DON'T, I DON'T KNOW WHAT IT COSTS TO CHANGE A LIEN AT THE COUNTY OR WHATEVER.
IT JUST A FILING FEE AND ALL THAT KIND OF STUFF.
BUT ANYWAY, IT'S, WE, WE, WE HAVE A, WE KNOW WHAT THE BALANCE IS AND SO JUST LIKE, YOU KNOW, IF THEY GO TO, IF, IF SOMEBODY WOULD GO SELL A PIECE OF PROPERTY AND WE'VE GOT A LIEN AGAINST IT, THEY'RE GONNA CONTACT US AND FIND OUT IS A LIEN STILL VIABLE? YOU KNOW, HAVE THEY PAID IT OFF OR WHATEVER.
SO THAT'S ORDER DEPOSIT ALSO, RIGHT? YEAH.
YEAH, WE HAVE THE IS NOT NECESSARY AT THIS POINT ANYWAY.
'CAUSE THERE 14,000, WE OWE US THIS DEPOSIT, COVERS THAT.
NO, YOU CAN'T CLAIM THE DEPOSIT UNLESS THEY STOP SERVICE.
SO THEY'RE NOT STOPPING SERVICE.
SO THE DEPOSIT IS OUTTA THE PICTURE.
I, SO THEY, THEY OWE US THE $35,000 AND IF THEY PAY THEIR BALANCE OFF, I THINK WHAT I'M HEARING IS ONCE THEY PAY THEIR BALANCE OFF, ALL THEY OWE US IS, IS THEIR NEXT BILL THAT'S COMING UP.
BUT ONCE THEY, IF THEY GO IN ARREARS AGAIN, THE SIGN GOES BACK UP.
I THINK WE'RE GONNA BE LESS, UH, LENIENT AS, UH, ON WHEN THE WATER GETS SHUT OFF.
WE'LL TALK TO
I WAS JUST TRYING TO MEET THEM, YOU KNOW, SOMEWHERE WHERE THEY'VE, UH, IT IS, I MEAN, YOU'RE RIGHT.
I, I CAN'T SAY THAT THE SIGN DIDN'T HURT.
I MEAN, IT, IT SPURRED, I DON'T KNOW IF IT WAS THE, THE LETTER OR, OR THE SIGN.
UM, I DID TELL THEM THAT, YOU KNOW, WE WOULD COMMUNICATE BACK AGAIN.
YOU KNOW, WE ALWAYS RESERVE THAT RIGHT.
TO COMMUNICATE DIRECTLY TO THE RESIDENTS.
UM, MY FEAR WAS, IS THAT, YOU KNOW, COULD A SIGN BE HURTING THEIR ABILITY TO, UM, YOU KNOW, IT'S A CONSTANT EVERYDAY REMINDER.
UH, PEOPLE NOT, YOU KNOW, RENEWING THEIR LEASE.
AS THEY'VE SAID, THEY'VE HAD EIGHT PEOPLE NOT RENEW THEIR, THEIR LEASE.
YOU KNOW, DO WE, DID WE PUT THEM IN THAT POSITION? OR DID THEY, THEY PUT THEMSELVES IN THAT POSITION.
THEY'RE, THEY'RE, THEY'RE, THEY'RE PAYING FOR THEIR, THEY'RE REAPING THE, THE CONSEQUENCES OF THEIR DECISION.
AND THEY, THEIR DECISION WAS, IS NOT TO PAY THEIR BILL.
SO THEY MADE THAT DECISION SO THEY CAN JUST AS EASILY MAKE THEIR DECISION TO PAY THE BILL.
SO, YOU KNOW, THEY'VE GOT ALL THESE ASSETS SITTING AROUND EVERYWHERE.
THEY OUGHT TO BE ABLE TO PICK UP THE PHONE AND MAKE A PAYMENT AND PAY THE WHOLE THING OFF.
SO LEAVE THE SIGN, BUT LOWER THE LIEN.
WE'RE GONNA LOWER THE LIEN TO WHATEVER THEY OWE US TODAY.
AND SO, WE'LL, YOU KNOW, AT LEAST THAT YOU CAN SHOW THAT AS GOOD FAITH.
AND I'LL ASK HIM IF IT'S OKAY THAT, UH, I THINK, YOU KNOW, WE DO HAVE CITIZENS THAT CALL US TO CONFIRM, YOU KNOW, IT'S OUT THERE MAYBE A LETTER TO THE RESIDENTS AT LEAST STATING THE FACTS OF THAT THEY'VE PAID THIS AMOUNT, HERE'S THE AMOUNT THAT THEY OWE, THEY'VE SHOWED SIGNIFICANT PROGRESS.
WE'RE HOPEFUL THAT THEY CAN GET IT DONE BY THIS DATE.
MAYBE THAT WILL HELP, YOU KNOW, ALLAY SOME OF THE CONCERNS.
I MEAN, WHEN I TALK TO THE, THE RESIDENTS, THEY'RE SPLIT.
SOME ARE VERY HAPPY AND THEY THINK IT'S SIGNIFICANT PROGRESS.
WELL, I WOULD BE DISAPPOINTED BECAUSE AGAIN, AS A RESIDENT, I'VE BEEN PAYING MY BILL.
SO YOU SHOULD HAVE THE MONEY IN THE BANK TO PAY THIS OFF IN THE ESCROW.
AND THAT'S THE QUESTION THEY SHOULD BE ASKING.
WHERE, WHERE THE MONEY ALL THAT MONEY GO? WHERE'D THE MONEY GO? SO AGAIN, IT'S, IF THEY DIDN'T PAY IT, THEY'D GIVE THEM A THREE DAY NOTICE.
SO ANYWAY, I THINK JUST STAY THE COURSE AND, UH, YOU KNOW, OKAY.
PAY US OFF WHENEVER THEY SAID THEY'RE GONNA BE, HAVE US PAID OFF AND WE WILL ALL BE GOOD.
WE'LL PUT IT IN THE CORNER SOMEWHERE, UH, IN THE SHOP.
UH, ANY KIND OF ACTIONS THAT WE HAVE, NO, OTHER THAN I WILL GIVE WITH STAFF.
AND THEN I WILL BRING, UH, MS. SETH AND MR. BROADUS, UH, TO MEET WITH US ONCE WE GET OUR, UH, PAPERWORK TOGETHER.
AND WE'LL GO OVER A REVIEW ON THE MC TWO, UH, CIVIL, UH, UH,
[02:00:01]
REQUEST.UH, THE, THERE WAS ONE OTHER ITEM I WANTED TO UPDATE YOU ON WAS THE, UH, DOW ENTRANCE RIGHT AT MEDICAL DRIVE.
WE HAD RECEIVED A COMPLAINT ON OF INCREASED TRAFFIC ON PLANTATION.
UM, MOST OF IT, UH, JUST KIND OF INPATIENT BEHAVIOR AT THE LIGHT.
UH, THERE, UH, I KNOW THAT THEY HAD OFFICER OUT THERE UNDER 2 88 AND PLANTATION WORKING A TRAFFIC LIGHT TODAY, RIGHT? YEAH.
SO, UH, PD REACHED OUT, UH, TO DOW AND THE CONTRACTOR, UH, ABOUT 10 DAYS AGO, AND THEY AGREED TO FUND THE OFFICER AT THE LIGHT, UH, TO CONTROL THAT LIGHT, TO GET THE TRAFFIC TO MOVE FASTER, MORE, UH, SEAMLESS.
LIKE, AND I RESPONDED TO THE, UH, THE COMPLAINT ON PLANTATION.
AND WE'LL MONITOR TO SEE IF THAT, UH, WORKS.
DID THEY SAY ANY TIME A FRAME THAT THEY WOULD BE USING THAT GATE THEY JUST STARTED USING? IT WASN'T MUCH TO IT THOUGH.
I'VE BEEN LONGING THAT YEAH, THEY CLOSED 40 DOWN.
IT'S PROBABLY AT LEAST BEEN, IT'S PROBABLY AT LEAST BEEN 12 MONTHS OR, OR MORE, MAYBE 15 MONTHS, SAYING THEY ONLY STARTED USING THAT GATE ABOUT MONTH OR TWO AGO.
NO, I THINK IT'S BEEN ABOUT 15 MONTHS.
IT THREE TO FIVE O'CLOCK, BECAUSE IT IS HARD TO, IT'S HARD FOR THE DEPARTMENT PEOPLE TO GET OUT THERE AND BUG EAT AND ALL OF THEM.
SO WE'LL SEE, YOU KNOW, IF THAT, IF THAT'S HELPED.
AT LEAST THERE WAS JUST A LOT OF, UH, CONTENTION OF OUR IMPATIENCE AT, YOU KNOW, AT THE LIGHT, YOU KNOW, STANDING ON LINE.
SO WE'RE, WE'RE TRYING TO CONTROL THAT.
AND AGAIN, BUT I GET AT THE END OF THE DAY IS, IS THAT, UH, THEY OWN A LEGAL ENTRANCE ONTO THAT ROAD AND SO THEY'RE AGREEING TO PUT ADDITIONAL TO PAY FOR THE OFFICER OUT OF THE KINDNESS OF THEIR HEART.
WE CANNOT DENY THEM ACCESS ONTO THE ROAD.
SO DOW HAS EVERY RIGHT, YOU KNOW, TO HAVE THE GATE OPEN AND GO EITHER, YOU KNOW, TRAFFIC CAN GO PLANTATION.
ARE WE FORCING THEM GO RIGHT, OR THEY CAN THEY GO MEDICAL? NO, WE HAVE NO ONE.
THEY'RE, EVERY DRIVER IS CHOOSING WHICH WAY THEY WANT TO GO.
WE'RE NOT FORCING THEM TO, IN THE PAST, WHENEVER THEY HAD THE HUGE MASSIVE AMOUNT, THERE WAS AGREEMENT THAT THEY WERE GONNA MOVE THE PEOPLE IN CERTAIN DIRECTIONS AND STUFF.
BUT THIS IS A SMALLER, SMALLER CONTINGENCY OF CONTRACTORS.
[7. Construction Updates]
OKAY.UH, CONSTRUCTION UPDATES NOW, SAL, ARE YOU CHARGING US 500 OR $1,700 A DAY? YEAH.
CAN WE JUST GET THAT STRAIGHT UP FRONT IS CLAUSE, I DON'T KNOW WHERE THAT EXTENDED CONDITIONS CLAUSE IS.
UH, AS FAR AS THE CON YOU COME BACK AND SHOW US THIS A 17 THAT'S RIGHT.
AS FAR AS THE CONSTRUCTION PROJECTS AS THEY'RE GOING, UH, THE ONLY ACTUAL PROJECT THAT REALLY DID HAD ANY PROGRESS, THIS, UH, THIS PARTICULAR, UH, PERIOD OF TIME WAS THE HT I, AS A MATTER OF FACT, TODAY, THEY, UH, THEY DID A LONG POUR DOWN ON PIN OAK ON THE NORTH SIDE OF PIN OAK.
UH, AND YOU KNOW, AS SOON AS THEY START PUTTING THE CURB OUT ON THE OTHER AREAS THAT THEY POURED, THAT WE WILL OPEN THOSE AREAS AND THEN MOVE INTO THE SOUTH SIDE OF, UH, OF PINUP.
UH, THAT IS PRIMARILY THE, THE MAJOR, THE MAJOR PROGRESS THAT WE'VE SEEN IN OF THE PROJECTS.
ALL THE OTHER ONES ARE STILL IN THE PROCESS OF BEING EITHER DESIGNED, UH, OR, UH, OR YEAH, BEING DESIGNED PRIMARILY.
UH, THE, UH, THE BOND PROJECT, THE, THE MAJOR MOLESTATION NUMBER ONE PROJECT IS, IS, UH, AT THIS TIME PROBABLY IN THE 90%, UH, UH, FACE.
AND, UH, WE ARE REVIEWING THAT IN IN HOUSE AND GIVING THEM LAST, UH, LAST COMMENTS FOR THEM TO COMPLETE THAT A HUNDRED PERCENT SET OF PROJECT FOR THEIR, FOR THAT PROJECT TO GO ON.
UH, AND OF COURSE, UH, R'S PROJECT, THE ANNUAL SHELTER,
AND, UH, THEY WE'RE TOUCHING BASE WITH THE, UH, CMAR, SO THAT THING BE, BE, UH, YOU KNOW, COMPLETED AT LEAST THE, UH, THE CONTRACT.
SO WE'RE, WE'RE ABOUT FINISHED WITH THE DOOMSDAY PROJECT BEACH BEACHWOOD.
THE SKY'S FALLING THE THE EMERGENCY PROJECT? YEAH, IT'S EMERGENCY PROJECT.
AND IT'S ABOUT WHAT, $700,000 OVER THE ORIGINAL AND, UH, SEVEN YEARS,
[02:05:01]
EIGHT YEARS IN THE MAKING.UM, ANYTHING ELSE? NO, THAT'D BE IT.
UH, THIS WEEKEND WE HAD, UH, SOME RUCKUS ABOUT, UH, UH, SPANISH OAKS ASKING ABOUT WHAT THE CON STATUS WAS AND WE WERE ABLE TO RESPOND TO THAT AND, AND, UH, TAKE CARE OF THOSE, ANSWER THOSE QUESTIONS AND GET THAT RESOLVED.
UH, I DID LATER GET AN EMAIL, UH, FROM THEIR MAIN CONTACT OVER THERE, UH, PUTTING IN GOOD WORDS TO ABOUT EDDIE.
THEY SAID THAT, UH, HE'S VERY GOOD TO WORK WITH AND ALL THE THINGS WE KNOW AND STUFF, SO MOST DEFINITELY.
I'VE SEEN HIM OUT IN THE FIELD STAND THERE.
BUT ANYWAY, HIS, HIS HEART'S IN THE RIGHT PLACE JUST LIKE ALL OF US.
BUT HE WAS A GOOD, IT WAS A GOOD COMMENT BACK FROM THAT GROUP.
WELL THANK YOU FOR, AND I'LL, I'LL PASS THAT WORD ALONG.
[ITEMS OF COMMUNITY INTEREST]
UH, ITEMS OF COMMUNITY INTEREST WE WANNA TALK WITH, START WITH MS. ELL.READY? MR. BRODIS? NOTHING I CAN THINK OF RIGHT NOW.
YOU GUYS DID A, A PHENOMENAL JOB ON FESTIVAL OF LIFE.
I KNOW IT'S A TREMENDOUS AMOUNT OF WORK.
GOOD JOB ON THE WEATHER AS WELL.
AND I'D LIKE TO ADD SOMETHING.
ROBIN'S GOT CONNECTIONS,
I DROVE THROUGH THERE THE SUNDAY MORNING AND THAT PLACE WAS, LOOKED LIKE NOTHING EVER HAPPENED THERE.
SO WHOEVER WAS IN CHARGE OF CLEANING DOWNTOWN, THEY DID A EXCEPTIONAL JOB.
THEY OUGHT TO BE COMMENDED FOR THAT.
MR. BAKER AND CHIEF, IF YOU CAN GET WHAT, UH, ASSISTANT CHIEF
I THINK I HAD A LARGE NUMBER OF DRONES UP IN THE AIR AT ONE TIME.
IF HE CAN GET US A, UH, OVERLOOK AND LET US LOOK AT THAT US SOME PICTURES AND STUFF LIKE THAT.
YEAH, THEY, UH, UH,
SO IF YOU SAW MY POST ON FACEBOOK, IT WAS A SCREENSHOT OF THE LIFE, JUST A SINGLE PAGE SHOT OF AND STUFF, BUT IT WAS, UH, PRETTY IMPRESSIVE HOW WELL WE CAN COVER DOWNTOWN WITH THE DRONES WE'VE GOT AND STUFF.
UH, WE GOT THE, UH, UH, PD EVENT HAPPENING ON, UH, NEXT WEEK.
WHAT'S THAT, SIR? I KNOW WHAT THAT IS.
YEAH, I'M GLAD I CAN COME THIS YEAR.
IT WORKED OUT JUST RIGHT, SO THAT'S GOOD.
UM, TOMORROW EVENING, UH, IF YOU HAVE, IF YOU'D LIKE.
AND, AND IS EVERYBODY'S INVITED TO, UH, THE AIRPORT? UH, IT STARTS AT FIVE, I THINK FIVE TO EIGHT OR SOMETHING LIKE THAT BECAUSE THEY HAVE THEIR CHRISTMAS, UH, EVENT OVER THERE.
IT'S A COME AND GO APPETIZERS, HOR D'OEUVRES AND STUFF.
AND JUST TO MEET OTHER PEOPLE IN THE, OKAY.
YOU HAVE, UH, SOME PEOPLE FROM CITY OF ANGLETON WILL BE THERE AND THE COUNTY WILL BE THERE IN THE AIRPORT AND ALL THAT KIND OF STUFF.
SO, AND THERE'LL BE SOME, YOU KNOW, PRIVATE, PRIVATE PLANE OWNERS IN THE AREA WILL BE THERE AND STUFF.
SO IF YOU WANT TO JUST STOP BY AND, UH, SAY HI AND HAVE A LITTLE NI CAN YOU KINDA ELABORATE ON THE PD EVENT? PD EVENT? UM, WE DON'T KNOW WHAT YOU'RE TALKING ABOUT CHIEF.
YOU WANNA STEP UP AND JUST TALK ABOUT REAL QUICK? SURE.
SO FOR THE LAST FEW YEARS, PROBABLY LONGER, BUT THE LAST FEW YEARS WE'VE KIND OF EXPANDED A LITTLE BIT.
WE HAVE A, A HOLIDAY BANQUET THAN WE ALWAYS INVITE COUNSEL.
YEAH, THAT'S WHAT I KIND OF THOUGHT.
THAT'S WHAT IT'S AND WHAT TIME IS THIS? BUT WHEN IS, WHEN IS IT, WHERE IS IT? IT IS TUESDAY.
I BELIEVE IT STARTS AT SIX O'CLOCK.
IT'S AT THE CIVIC CENTER TOMORROW NIGHT? NO, NO, NEXT TUESDAY.
THAT'S WHY WE NEED TO ELABORATE.
WE'VE BEEN DOING IT ON WEDNESDAYS, BUT WE MISSED SOME PEOPLE.
UH, SO WE, WE ARE TRYING SOMETHING DIFFERENT THIS YEAR TO SEE IF WE CAN YEAH, I WAS, I WISH IT WAS THIS, THIS TUESDAY.
WE, I THINK YOU'VE MADE IT EVERY YEAR AND WE APPRECIATE, PLEASE CONVEY THANKS AND, UH, BEST WISHES FOR THEM.
AND ARE THERE DOOR PRIZES? CAN YOU GET US SOMETHING OUT ON THAT PLEASE? ARE THERE DOOR PRIZES? THERE ARE.
SO I THINK THE INVITATION WENT OUT FROM VICKY ABOUT A COUPLE OF WEEKS AGO.
WE USUALLY, AND AGAIN, THIS YEAR WE ANNOUNCED OUR, UH, NON-SWORN EMPLOYEE OF THE YEAR AT THE DEPARTMENT
[02:10:01]
AS WELL AS OUR SWORN OFFICER OF THE YEAR.UH, WHO WILL REPRESENT US WITH THE A HUNDRED CLUB OF BRAZO BRAZORIA FOR, UH, OFFICER OF THE YEAR.
UH, AND AGAIN, JUST SAME COMMENTS ABOUT THE FESTIVAL LIGHTS.
I DON'T KNOW IF WE WERE ABLE TO DO ANY KIND OF ESTIMATE ON NUMBER OF BODIES THAT SHOWED UP FOR THE PARADE OR SOMETHING LIKE THAT, BUT IT SEEMED AS LARGE, IF NOT LARGER THAN, UH, WE'VE EVER HAD.
UM, IT WAS INTERESTING THE NEXT DAY I WAS, UH, SO I GUESS IT WAS SUNDAY I WAS FINALLY ABLE TO GO OUT AND DO SOME OF MY SHOPPING FOR, WE HAD 20 PEOPLE I HAD TO COOK FOR, FOR THANKSGIVING, SO I WENT SHOPPING AND ON SUNDAY AND, UH, I JUST, PEOPLE THAT I DON'T EVEN KNOW, BUT THEY KNEW I WAS MAYOR, THEY JUST, THEY STOPPED ME AT, AT THE HEB AND SAID, HEY, I JUST WANNA SAY WE KNOW YOU.
I KNOW YOU'RE THE MAYOR AND Y'ALL DID GREAT.
SO THAT THEIR FAMILY REALLY ENJOYED IT.
SO THAT, UH, MAKES US ALL FEEL GOOD.