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DON T AGREE,.BUT THEY APPEAL TO THE BOARD MORE AS AN ACT OF MERCY OR AN <br />ACT OF UNDERSTANDING TO KNOW THAT THERE WERE CONTRIBUTING FACTORS -BEYOND <br />THEIR CONTROL - THE GOVERNMENT EDA PROGRAM, WHICH HE DID NOT WISH TO <br />CRITICIZE DIRECTLY, THE SUBCONTRACTOR WHO THEY HAVE A LAWSUIT AGAINST, <br />AND LATE DELIVERY OF SOME STEEL WHICH WAS BEYOND THEIR CONTROL. HE <br />STATED THAT THEY WERE AT THE MERCY OF OTHERS AND COULDNIT HANDLE ALL OF <br />IT. MR. FOSTER CONTINUED THAT THEY ARE REALLY KNEELING AT THE BOARD'S <br />FEET RATHER THAN ARGUING AND WILL APPRECIATE WHATEVER CONSIDERATION CAN <br />BE GIVEN. HE.STATED THAT HE THOUGHT THEIR TOTAL INVOLVEMENT FOR PENALTIES <br />WAS FOR 102 DAYS AND HOPED THE BOARD COULD SEE THEIR WAY CLEAR TO ASSESS <br />ONLY A PART OF THAT. <br />CHAIRMAN WODTKE ASKED IF THEY WERE IN LITIGATION WITH ANY <br />OTHER SUBCONTRACTORS, AND MR. FOSTER STATED THEY WERE ONLY IN LITIGATION <br />WITH WEBB, BUT UNDERSTOOD THERE WERE SOME OTHERS IN LITIGATION WITH HIM. <br />CHAIRMAN WODTKE ASKED IF THERE ARE ANY OTHER SUBCONTRACTORS <br />THEY ARE RESPONSIBLE TO WHO HAVE NOT BEEN PAID AND SATISFIED. <br />MR. FOSTER SAID THERE WERE NONE WHATSOEVER AND THAT THEY HAVE <br />EVEN PAID WEBB BEYOND HIS CONTRACT. <br />ATTORNEY COLLINS ASKED IF THERE WASN'T A DISPUTE AND IF WEBB <br />DID NOT FEEL HE IS ENTITLED TO MORE. <br />MR. FOSTER STATED THAT WEBB CLAIMED THERE WAS ADDITIONAL MONEY <br />DUE TO HIM BECAUSE OF EXTRA TESTING, BUT HYDROSTORAGE FELT THIS WAS <br />MOSTLY HIS FAULT FOR NOT ATTACKING THIS WORK AND COMPLETING IT IN THE <br />TIME SCHEDULE. A JOB THAT SHOULD HAVE TAKEN 3 DAYS TOOK HIM 34 DAYS <br />TO COMPLETE. HE TRIED TO CHARGE HYDROSTORAGE FOR THE EXTRA TIME IT TOOK <br />HIM TO TEST THE LINE, AND HYDROSTORAGE DOES NOT ACKNOWLEDGE THAT AT <br />ALL AND FELT THEY HAD OVERPAID HIM. <br />COMMISSIONER LYONS ASKED HOW MANY DAYS WEBB HELD THEM UP. <br />MR, FOSTER STATED 38 PLUS, AND EXPLAINED THEY -FIGURED IT FROM <br />THE TIME WHEN THE TANK COULD HAVE BEEN FILLED WITH WATER; THEY LOST 34 <br />DAYS AT THE END OF THE JOB DUE .TO WEBB`S NEGLIGENCE TO GETTING THIS <br />ON LINE. <br />COMMISSIONER LYONS ASKED HOW LONG THEY WERE HELD UP BECAUSE <br />OF,THE PROBLEM WITH THE MINORITY SUPPLIER. <br />37 <br />MAY 2 31979 <br />RUGK 40 PAGE 325 <br />