3/3/1992 - Laserfiche WebLink

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I MAR 0 3 199 BOOK of the fastest notices to proceed ever made, not on a hospital project that would have been an emergency matter, but on the construction of a golf course. Rather than waiting to make sure just what had occurred and making sure that the Board had acted appropriately under the circumstances, the County issued a notice to proceed and the contractor is now geared up to perform the work. In conclusion, Attorney Lawrence emphasized that all they are asking is an 8-dsy delay so that the County does not potentially encounter further costs from Guettler & Sons that would have to be paid and at the same time have to pay Prince Contracting Company who was supposed to have done that work if Judge Smith so rules. On that basis, he believed a delay would be a sound business decision, both legally and morally. He thanked the Board for the opportunity to speak today. Attorney Lyman Reynolds, representing the Board of County Commissioners in this matter, advised that the suit filed by Prince Contracting Company for a temporary injunction is an extraordinary legal relief which seeks to maintain the status quo. In the present situation involving a contract, there is a status quo where the contract was issued and executed on behalf of the county on February 18, 1992. A pre -construction was noticed February 21, 1992 and held on Wednesday, February 26, 1992 at 2:00 o'clock P.M. Following that pre -construction conference, a notice to proceed was issued February 26, 1992 to Phillip Guettler, president of Guettler & Sons. That is the status quo at the present time and should remain. Chairman Eggert asked Deputy County Attorney William Collins if he had anything to say before she opened the matter up for questions or comments, but Attorney Collins preferred to let Attorney Reynolds speak with one voice for the Commission. If asked, he would answer, but he would prefer that we speak with one voice. Commissioner Bird stated that one of his main concerns was the timing of this project so that this project would get started as soon as possible and be completed as expeditiously as possible in order to get the course developed, grown in, and open for the winter season of 1992/93. He felt a further delay in the project would make that time table much more difficult to attain. Commissioner Bird felt he was looking for a little bit more legal guidance from our Legal Department about placing ourselves in a position of least jeopardy or vulnerability with both contractors in mind. He inquired about the financial down side if Guettler proceeds to work during the next 8 days and the Court makes some - sort of a ruling that causes the County to change -to Prince 18