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6. NEW BU$INESS (Cont'd <br />Mr. Brownell stated that the letter attached from Nautilus Construc- <br />ts )n Corporation, dated May 4, 1976, states that things were' beyond <br />th it control. Commissioner Robinson further .added, "All I can tell <br />yoj is what I read in The South Bend Tribune that the vandals tore <br />up the railroad ties and then threw them in the St. Joseph River. <br />If he had been taking what I think is his responsibility, in hiring <br />security guards, the probability of this happening would not have <br />existed. If those ties weighed that much I think they would have <br />caught several kids in trying to lift up this kind of weight before <br />they got it in the river, so I think he is neglecting his responsi- <br />bi ity. He is saying the reasons are due to delays and things beyond <br />his control. I think this is part of it; it is just not written in <br />there." Commissioner Wiggins stated that is possible too, but we <br />have yet to collect from anybody on a penalty clause for running late. <br />"We have been liberal, I believe, with every contractor that we have <br />ever had. If they have had trouble, we have gone along with their <br />troubles; we have paid them extra money. In fact; I am personally <br />inclined to believe that we have been too liberal. Not just this <br />guy, but about every other guy. But to some degree you can appreci- <br />ate that unexpected circumstances do arise if what he says here is <br />true. If we fail to give him an extension, it will not necessarily <br />mean that he will get the project completed on the date it was supposed <br />to be, and although it may render him liable for whatever penalties <br />art required as a result of failure to complete, I don't know that it <br />wi l get the job done any sooner." <br />Commissioner Robinson said; "Just because the Commission has gone <br />along with.this in the past, doesn't make it right." He requested <br />the Commissioner to refer to Nautilus' letter, specifically to Item <br />2, "We have been delayed in our work on the floating piers and the <br />timber steps because we had to return about 13,000 board feet of <br />lumber to the supplier because of a mix -up on the interpretation <br />of the Specifications." He further added, "Now if he is a responsi- <br />ble contractor, you tell me how he can get mixed up on what they are <br />talking about on the interpretation of the specifications. I think <br />at that time, he would be questioning what the specifications were." <br />He directed the next question to Mr. Slabaugh, "On this lumber we <br />arE talking about, is that the lumber that was going to go across that <br />olc railroad trestle ?" Answer was that part of it was. Next question, <br />"Is this the same lumber that is in the specification that was supposed <br />to be treated under pressure that we are talking about and that was just <br />on the job? Rather than being pressurized- treated like it was supposed <br />to be as noted on the specifications ?" Mr. Slabaugh advised, "No. This <br />wa pressure- treated, but it didn't have the required amount of the <br />ch mical in it. They offered us money to give back to the Commission, <br />and you should have the letter; it is $7.00 per thousand board feet; we <br />said that wouldn't satisfy the requirement and we made him send it back. <br />I think that it is probably his fault, but it's not his fault that he <br />has to wait for the supplier, is what he is trying to say. The lag <br />screws that were put in the plan were too long and would have gone <br />th ough the peg, and the contractor requested they shorten them up . <br />So a were found that were too short that had to be lengthened. I do <br />no know how long that delay was." <br />Tho Chair requested votes on the motion: Dissenting vote was cast by <br />- 11 - <br />