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ETNA GREEN - Actual damages resulting from the contractor's failure to complete the town's wastewater treatment facility on schedule amount to more than $40,000.
Mark Sullivan of Commonwealth Engineering presented invoices for his work during Tuesday's Etna Green Town Council meeting. Between inspection costs and construction engineering costs for the job, there is a total overrun of about $44,000, Sullivan said. That amount reflects the time spent on the project after the target completion date of Nov. 6 and is greater than the amount still owed the company for the job.
Sullivan said HRP Construction Inc. of South Bend says the punch list for the job is 90 percent complete and final inspection of the job site could be scheduled as early as next week.
Throughout the discussion of the matter, Sullivan referred to the additional costs incurred as "liquidated damages," but town attorney Jay Rigdon said the expenses should be considered "actual damages."
The seven-month project called for the engineers to be on-site for 84 days. The project is now six months past the completion date and it is still not finished. Sullivan said that while the project has run past its time frame, the work has been of high quality.
"HRP made good on the project," Sullivan said, "it just took them forever."
Rigdon previously sent a letter to HRP regarding questions the town has for the delays in the project. HRP contends that there were more than 40 delays and the town is asking the company to explain how those delays were not the contractor's fault.
"If HRP has justifiable delays beyond their control ... tell us what they are and how or why it isn't their fault," Rigdon said.
Council president Eileen Hall will contact HRP to let them know that until there is justification not to use the liquidated damage clause in the contract, that the town will stand by its numbers.
In connection with that discussion, the council voted to replace an amendment to the engineering contract to reflect current billing rates. The prior amendment gave 1997 rates for the company.
In other business, the council got into a heated discussion about choosing a contractor to paint the interior of the Heritage Park building.
Although Baker & Sons of Etna Green presented the lowest bid for the job, council member Ruben "R.B." Conley argued that the bids weren't "apples to apples."
Hall assured Conley and council member Jeff Klinefelter that she walked each of the four contractors through the building and told each exactly the same thing as to what work the town wanted done.
Baker's bid was $720 and the next lowest was $1,450. The highest bid was for $1,800.
Klinefelter motioned to accept Baker's bid for the job and the contract was awarded after the motion was seconded by Hall. Conley abstained from the vote.
In additional matters, the council:
• Voted to waive the fees for use of the Heritage Park building to allow Girl Scout Troop 481 to meet two evenings a month for about 1-1/2 hours. The Scouts usually meet at Triton High School but do not have a summer meeting place. The girls will use the building six times.
• Will send a letter to Randy Burkholder informing him he has 10 days to remove an illegally placed mobile home on his property. Town ordinance allows for a $10 per day fine from the first day of placement of the home and the town will pursue those fees if the mobile home is not removed from the property.
• Plans to send letters to property owners where there are abandoned or junk vehicles. Once notices are sent out, the town will have the vehicles towed at the owners' expense if they are not moved. Some of the vehicles have not moved since June, town officials said.
• Approved approximately $6,000 for Phend & Brown to grade, fill and re-stone all of the gravel alleys in town.
• Announced that consumer confidence reports regarding the town's water supply will be hand-delivered to each residence.
The Etna Green Town Council comprises Eileen Hall, Ruben "R.B" Conley and Jeff Klinefelter. The council meets at 7 p.m. the second Tuesday of each month in the fire station meeting room.
