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They had felt most of these items listed could have been done <br />after substantial completion, and that is why they called for the <br />inspection. <br />Mr. Dean informed the Board that near the completion of <br />Phase 1, the architect held an inspection with the D.O.C. present <br />and issued a substantial completion, but it was three months <br />later before we could move into that jail because of the <br />electronics. It, therefore, has been his instruction to the <br />architect that we would in no way accept a substantial completion <br />this time until we could move into facility and use it as <br />designed in the contract documents and until those electronics <br />work properly. <br />Mr. Disney presented the Board with the following three <br />options and their consequences: <br />1) Remove the contractor from the project. The consequences are <br />the possibility of additional time above and beyond whatever it <br />will take right now to complete the project and also possible <br />loss of all of the warranties, as well as very probably a fight <br />with the contractor's bonding company, a continuing problem with <br />the D.O.C., and an inevitable legal battle with the contractor. <br />2) Leave the project qo_as it is right now and simply wait for <br />Schopke to finish_it_at the_continuing pe6a1ty_2f_$250 a day. <br />The consequences are unknown completion time, which has been <br />stated as being January 5th, possible problems with the D.O.C., <br />and continued possible non-performance of subcontractors when <br />other items are found to be faulty. <br />3) Leave the project as itis now at $250 a day damages and go <br />ahead and contact Shopke's bonding' company_ and start_ a separate <br />legal action for any damage's that_have been incurred. <br />consequences 6e ng tFie same unknown timeframe, prooTems with <br />D.O.C., possible non- performance of subcontractors, legal fights <br />with contractor and his bonding company, etc. <br />Commissioner Wheeler asked how much money we are holding <br />back now, and Mr. Disney stated 100 or the contract, or about <br />$190,000. <br />Commissioner Wheeler felt that would seem ample incentive to <br />move this thing along and finish the job. <br />87 HOK 7Q 467 <br />