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e PDM HYDROSTORAGE'S PROBLEM WAS THAT OF COORDINATION WITH THE SUB— CONTRACTOR, AND THEY HAD NO ONE HERE TO TAKE CARE OF THIS. MR. VOTAPKA STATED THAT HE IS SORRY THIS HAPPENED, BUT DID NOT FEEL WE COULD WAIVE THE LIQUIDATED DAMAGES. HE STATED THAT HE HAS WRITTEN THEM LETTERS ADVISING THEM OF THE LATE DATE AND WHEN WE WOULD START CHARGING.THEM FOR LIQUIDATED DAMAGES. HE NOTED THAT PDI HYDROSTORAGE WAS THE PRIME CONTRACTOR FOR THE ELEVATED STORAGE TANK, COMMISSIONER LYONS AGREED THAT HYDROSTORAGE HAD A PROBLEM AND STATED THAT HE IS SORRY FOR THEM, BUT.THAT IS ALL. CHAIRMAN WODTKE NOTED THAT APPARENTLY WE STILL HAVE SOME PROBLEMS AND POSSIBLY A PROBLEM WITH LITIGATION WITH WEBB. MR. FOSTER STATED THAT THE COUNTY IS PROTECTED AND HELD HARM— LESS FROM THE LITIGATION. HE STATED THAT THE PAINTING WILL BE REPAIRED. ADMINISTRATOR JENNINGS ASKED HOW WE ARE HELD HARMLESS, AND ATTORNEY COLLINS STATED IT IS POSSIBLE WE COULD BE NAMED, BUT THAT IS ALL. HE FELT THE REAL DIFFICULTY IS TO SATISFY FMHA AND SUPPLY RELEASE OF LIENS. MR. VOTAPKA STATED THAT THEY HAVE RECEIVED A RELEASE FROM THE PAINTING CONTRACTORS, BUT IT IS MUTUALLY AGREED WE WILL NOT RECEIVE ONE FROM WEBB. MR: FOSTER INFORMED THE BOARD THAT THEY HAD DONE JOBS WITH WEBB OVER THE YEARS, AND HE ALWAYS HAD BEEN RESPONSIBLE BEFORE. THEY DID NOT REALIZE HE WAS GOING INTO BANKRUPTCY AND WAS HAVING PROBLEMS. ATTORNEY COLLINS DID NOT FEEL THE COMMISSION NEEDS TO MAKE A .FINAL DECISION NOW AND STATED HE WOULD LIKE TO SEE EVERYTHING FINISHED BEFORE THEY ADDRESS THE LIQUIDATED DAMAGES. HE NOTED THERE ARE PROBLEMS WITH THE PAINTING AND RUST. MR. VOTAPKA STATED THAT THEY ACCEPTED THE LINE FROM THE DATE OF OCTOBER 27TH, THE DATE THEY HAD THE TESTS PASS, WHICH IS THE DATE OF SUBSTANTIAL COMPLETION. HE STATED WE DID THIS SO WE COULD,USE THE LINE AND HAVE A ONE YEAR WARRANTY FROM THAT TIME. PDM HYDROSTORAGE IS RE— SPONSIBLE TO REMEDY ANY DEFECTS. MAY 2 31979 0 40 MOK 40 PAGE 3�8 I