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ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17, 2001 5 . contractor, and that the contract documents require the project to move forward. If the architect and City are in agreement regarding one of the options (A, B or C) for the Contract Change Directive, the contractor needs to comply with the chosen option as determined by the architect and City. Ifhe refuses or fails to comply with the contract, it can then be terminated and the City can find someone else to complete project. Under the current contract, Mr. Filla stated that there are no liquidated damages; and further stated that alternative force is the most time-consuming, and due to the disputed item being over $50,000, the City would need to go out on bid. Peter Vesterholt of Architectural Alliance expressed concern that if Rochon were released from their contract, the specified one (1) year warranty for Rochon as provided in the contract, would be of less concern for their compliance. Mayor Probst stated that the City was holding a substantial retainage, and that the original project schedule had already been extended at Rochon's request. Staff was directed to firmly provide specifIC instructions from the City Council to Rochon Corporation, with a one-day response from Rochon following the scheduled meeting on Tuesday, September 18,2001, as follows: . Rochon Corporation is directed to proceed with Option C (removal and replacement of the existing waterproofing materials as originally specified, with a five-year warranty); the architect is to be financially responsible for providing additional sand materials to be used during the backfill of the drainage area; on the south wall of the Council Chambers, Rochon is to either install an additional drain tile system or core fIll now, build it as specified, or initiate other options; and the building is to be available for move-in by October 15,2001. If Rochon Corporation is not in compliance, the City will take over the project and hire a new contractor to complete the project. Mayor Probst strongly suggested that no additional Pay Requests from Rochon Corporation be processed until the project is completed as specified. Councilmembers Rem and Grant individually expressed their concerns that no written background materials were provided regarding this issue, but rather a verbal report from staff was their only source of reference. Both stated that, in a case such as this, a bench handout would have been appropriate. City Administrator Lynch responded that due to the timing of the last meeting with the contractor, staff had not had time for preparation of a report prior to the Council packet delivery on Friday. . City Hall Room Naming/City Hall Building Usage It was the consensus of Councilmembers that the City Hall building not be used for "for profit" groups and that a building usage policy, as well as additional signage be placed on hold until after occupancy and further thought is given to the City's needs.