October 16, 2006 Special meeting minutes
A special meeting of the Ward County Commission was called to order by Vice-Chairman Watne at 9:04 am with Comms. Romine, Erickson and Lee present. Also present were Auditor/Treasurer Devra Smestad, County Engineer Roger Kluck, and Assistant County Engineer Dana Larsen.
Vice-Chairman Watne explained the meeting was in regards to the suspension of construction on County Road 9 at Berthold and to request permission to suspend liquidated damages and construction of the project until Spring of 2007.
Kluck explained that the contractor, Northern Improvement, have been behind schedule for the paving of County Road 9 and have been accruing liquated damages of $1,200 per day since September 15. Kluck informed the Board that three inches of hot bituminous pavement had been placed on the surface of CR 9 as of Saturday night. After discussion, it was moved by Comm. Erickson, seconded by Comm. Romine to follow the recommendation of the Engineer to suspend with project, and liquidated damages, effective immediately and until spring 2007 construction resumes, with the following conditions: 1) there must be two weeks of consecutive warm weather before paving can resume; 2) the Contractor is responsible for any breakup in the current paving; 3) the County is not responsible for any increase in oil prices that may occur and affect the Contractor’s cost of paving 4) the Contractor may not resume Construction in the spring of 2007 until after load limits are lifted and until conditions permit, but no sooner than May 15, 2007. Roll call: all present voted yes, except Comm. Lee who voted no; motion carried. Kluck explained that any action taken today by the Board would be subject to the approval of the ND Department of Transportation and the Federal Highway Administration; and that he would be writing a letter to the Contractor and to the NDDOT informing them of the Board’s decision today.
At 9:23 a.m. with no further business, Vice-Chairman Watne adjourned the meeting.
ACCEPTED AND APPROVED THIS 17th DAY OF OCTOBER, 2006.
s/Jerome Gruenberg, Chairman
Ward County Board of Commissioners
s/Devra SmestadWard County Auditor/Treasurer
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