Laserfiche WebLink
-2- <br />July 16, 1975 <br />who is going to pay for this? It is a good point. He said he has tried to <br />ignore it early in the game. There are several involved, the city, his office, <br />general contractor, also mechanical contractor. He said he would not go into <br />that. Who should pay is going to be resolved. Mark Achen has asked several <br />times and he "pushed it aside to try to get problem resolved first ". His <br />office has omissions and errors insurance to cover any defaults in design <br />with a $5,000 deductable, because they believe they never make an error. <br />Whether B -E or Berghorst may be at fault, he hates to be judge of that. <br />He doesn't care to pass judgment . And whether his company is responsible <br />for $5,000 or $10,000, his insurance company will represent them and will want <br />to investigate the situation. They are going to want to recover whatever they can <br />if we are in error and find out whoever else is in error. They have already started <br />that in his office and the insurance company is going to send them a form to fill <br />out. He asked for a copy of Mounds View's insurance policy covering insurance <br />on the building. He said he talked to some insurance companies to see if Mounds <br />View's insurance will cover something that was done other than his office. There <br />is a substantial amount of money involved and it will have to be resolved. <br />Ommissions and errors insurance does cover a lot of items due to construction, <br />unfortunately, most insurance doesn't cover flood and he doesn't know whether this <br />is considered a flood or not. <br />Attorney Meyers asked B -E if there is any question in their minds that they <br />have to proceed to a conclusion of the project. <br />Mr. Miller said they will continue the work to complete the building. The <br />water problem is separate from the completion of the building. But they <br />will want some idea of how this thing is going to go. He thinks they would <br />have some question of proceeding with dewatering until they are sure what is <br />going to happen. <br />Attorney Meyers said he interprets the contract documents that B -E will have <br />to furnish a completed workable product. Change orders may be submitted <br />with the architect's approval. The City expects a finished building and at <br />this time doesn't see why the City should be involved in extra cost. The <br />City wants the building completed as soon as possible. And further, the <br />City is not in a legal position to pay more money than authorized by contract. <br />Mr. Miller stated he is not in a position to find fault with the city's <br />reasoning. They will proceed with completion of the building at this point, <br />other than the question of dewatering area, and will receive counsel on that <br />point and whatever counsel advises, they will do. They would like very much <br />to complete it. <br />Mr. Erickson said it will take a couple more days to dewater and he doesn't <br />look for anything to be dry until Monday. The second sandpoint was going <br />between 12:00 and 1:00 p.m. today. <br />Attorney Meyers asked Mr. Walijarvi what specific errors and omissions <br />he was talking about earlier. <br />Mr. Walijarvi said he thought that this was just another ordinary project. They <br />had soil investigations taken to find out where the water table was and it was <br />6.67" above the floor level of the proposed basement. They had perimeter <br />drain tile and sump pit included in basement plan to allow for this. The water <br />