1992-05-04 Water & Sewer53
MINUTES OF REGULAR MEETING, MAY 4, 1992
ASSEMBLY
The District Board of Commissioners of the New Hanover County
Water & Sewer District met in Regular Session on Monday, May 4,
1992, at 7:06 P.M. in the Assembly Room of the New Hanover
Courthouse, 24 North Third Street, Wilmington, North Carolina.
Members present were: District Commissioners E. L. Mathews,
Jr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G.
Greer; Chairman Jonathan Barfield, Sr.; County Manager, Allen
O'Neal; County Attorney, Wanda M. Copley; and Clerk to the District
Board, Lucie F. Harrell.
Chairman Barfield called the meeting to order.
NON-AGENDA ITEMS
Chairman Barfield asked if anyone from the general public
would like present an item not listed on the Regular Agenda.
No items were presented.
LIQUIDATED DAMAGES IMPOSED AT $500 PER DAY TO JACOBS BUILDERS, INC.
County Engineer, Wyatt Blanchard, stated on November 16, 1990,
Jacobs Builders, Inc. was issued a Notice to Proceed effective <
November 24, 1990, with a completion date of June 12, 1991.
Subsequently, a change order was issued on May 17, 1991, that
provided 15 additional calendar days compensation for design
changes associated with the change order. The date of completion'
was deferred to June 27, 1991. In a letter dated June 14, 1991,
Jacobs Builders, Inc. requested 36 additional days for losses
associated with poor weather and the District Board approved 34
additional days extending the completion date of the contract to
July 31, 1991. The project was completed and the District received
beneficial use on September 16, 1991.
In view of the fact that the contractor was granted sufficient
additional time to compensate for both design changes and adverse
weather conditions, no justification can be established for the
project's 47 calendar day overrun beyond July 31, 1991; therefore,
Staff recommends imposing liquidated damages at a rate of $500 per
day for 47 days totaling $23,500.
Staff Engineer, Don Lefler, stated the Engineering Department
received a fax this morning (May 4, 1992) requesting a 10-day delay
on tpis matter in order to give the company time to prepare the
necessary paper work to defend their position.
Motion: After discussion of negotiation with Jacobs Builders for
several months in trying to close out the project, District
Commissioner Retchin MOVED, SECONDED by District Commissioner
Mathews to impose liquidated damages at a rate of $500 per day for
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54
MINUTES
OF REGULAR MEETING, MAY 4, 1992
47 days as recommended by Staff.
UNANIMOUSLY.
ADJOURNMENT
Motion: Vice-Chairman Greer
Commissioner Mathews to adjourn.
UNANIMOUSLY.
Upon vote, the MOTION CARRIED
MOVED, SECONDED by District
Upon vote, the MOTION CARRIED
Chairman Barfield adjourned the meeting at 7:08 P.M.
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Lucie F. Harrell
Clerk to the District Board
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