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Breakdown is as follows: <br />lst floor treatment (complete) <br />Basement Treatment <br />Total <br />Original Contract <br />Amount of Amendment #1 <br />Recommendation and Funding: <br />$ 13,716.50 <br />$ 13,680.00 <br />$ 27,396.50 <br />(S 20,000.00) <br />$ 7,396.50 <br />Staff recommends approval of Amendment #1 in the amount of <br />$7,396.50. Funding is available in the Courthouse Construction <br />Budget Account #315-909-516-033.19 as set aside for moving <br />expenses. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously approved <br />Amendment #1 with The Restoration Company for <br />$7,396.50. <br />AMEND. #1 ON FILE IN OFFICE OF CLERK TO THE BOARD <br />C. Set Public Hearing for Proposed Ordinance on Limitation of Waiver of <br />Sovereign Immunity - Courthouse Construction <br />The Board reviewed the following memo dated 5/25/95: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien - Assistant County Attorney U <br />DATE: <br />SUBJECT: <br />May 25, 1995 <br />LIMITATION OF WAIVER OF SOVEREIGN IMMUNITY <br />As a result of three demands for arbitration in connection with the <br />construction of the new courthouse, our office feels that certain <br />ordinance limitations on County liability would be helpful if there should <br />be similar claims filed with respect to any future construction. <br />What has happened is that James Cummings, Inc., the prime contractor, <br />has filed three claims against the County on behalf of his <br />subcontractors, Martin Paving Company, Saraventures, Inc., and Ed <br />Ducar, Inc. None of these claims is based on written change orders <br />approved by the BCC and signed by the Chairman. however, there <br />may- be some recovery against the County because the arbitration <br />process is by its very nature a procedure that tries to give a little to <br />everyone even if there are valid legal defenses to recovery. <br />Hopefully, the proposed language will allow the County to seek a legal <br />prohibition against proceeding when the claim is outside the express <br />written terms of the contract or properly executed change orders. <br />In view of the foregoing, this office prepared the attached proposed <br />ordinance. A public hearing date of June 27, 1995 is suggested. <br />3= <br />June, 6 1995 nox 6 -5 <br />