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[:1 <br />7. <br />OLD BUSINESS (Cont'd <br />hrough Mr. Butler's office yet. He didn't know what the situation <br />onstitutes on the advance as he has not as yet responded. The <br />otice to Proceed was issued to Newbill Construction on 9th of April <br />o do some emergency work which included replacing a hot water heater <br />hat was leaking and also some laboratory fixtures that were leaking. <br />hese were part of the contract specifications, and checking with <br />ewbill, he was assured on approximately April 20th (checking several <br />imes before with them), that the work would be completed by April <br />1; and on April 22, Mr. Schaller said he went into the structure <br />nd the work had not even been started. Mr. Butler asked if that was <br />he one he had talked to him about and Mr. Schaller answered in the <br />ffirmative. Mr. Butler said he had instructed Mr. Schaller to go <br />head and give the contractor a specific deadline of a day or two, <br />nd that if he didn't do it, to get somebody else to do it. That <br />mount has now been deducted from his contract. Mr. Schaller advised <br />hat has been done, and on another contractor the plumber was hired <br />o do the work and that work has been accomplished -- within the same <br />ay the plumber was contacted. <br />he Chair's response was that we do have a record of nonperformance, <br />nd it looks like the longer it goes, the worse it gets. <br />ommissioner Robinson said he has one more question to ask and then <br />e will mace a motion so we can move on: "If we would take action <br />nd say, right now, today, and cancel out the contract Newbill thought <br />e almost.had, would this make it twice as hard for you to get the <br />oney for these other people who had done work for him in the past <br />n this other contract, or do you still want that lever over his head <br />or two weeks, hoping you can get the money out of him? Mr. Crighton <br />dvised the only lever we are holding right now is this check for <br />11,347 and that it is his opinion that if the Commission takes action <br />oday and would rescind those contracts, that there would be a Notice <br />f Dispute filed, by the contractor. Mr. Butler advised he is aware <br />f that. Further statements followed as to whether or not we could <br />ebid these contracts or how long they could possibly be tied up. Mr. <br />utler advised that would depend on whether he was able to obtain some <br />ind of injunctive relief or not, and that his recommendation would be <br />hat the Commission move to require Newbill Construction Company to ob- <br />ain all documentation that has to be obtained in order to get the four <br />4) contracts executed by the next Commission meeting, and the performance <br />ond, time payment bond, if not done by that time, the Commission will <br />escind those contracts; withdraw the award of the bids on Rehabilitation <br />ontracts ll /SECD, 12 /SECD, 15 /SECD and 18 /SECD. <br />he motion, as recommended above by Commission Legal Counsel, Mr. Butler, <br />as made by Mr. Robinson, seconded by Mr. Cira and unanimously carried. <br />NEW <br />BUSINESS <br />Contract Set No. 4; for Rehabilitation <br />Contract Nos: 30 through <br />37, <br />BIDS <br />a. <br />n Southeast Communit Development <br />Pro <br />ram: Commission approval <br />was <br />REJECTED, <br />'equestea lo reject all i s <br />received <br />on Contract Set No. 4, for <br />Re- <br />CONTRACT <br />abilitation Contract Nos. 30 <br />through <br />37, per recommendations of <br />the <br />SET #4, <br />outheast Advisory Committee <br />as the bids <br />received were in excess <br />of <br /># 30 THRU <br />he acceptable bid limits on <br />the work <br />required. <br /># 37, SE <br />- <br />14 - <br />CD PROGRA <br />