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Delays and tension

Spring Park contractor misses another deadline

Kile Brewer
Posted 5/4/17

GREEN COVE SPRINGS – The Spring Park pool project made up the bulk of a four-hour meeting of the Green Cove Springs City Council Tuesday evening, after the project’s contractor, Core …

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Delays and tension

Spring Park contractor misses another deadline


Posted

GREEN COVE SPRINGS – The Spring Park pool project made up the bulk of a four-hour meeting of the Green Cove Springs City Council Tuesday evening, after the project’s contractor, Jacksonville-based Core Construction Co., failed to meet another deadline and will begin to incur additional liquidated damages.

Assistant City Manager Mike Null, who has been the city’s representative for the project since its inception, presented the council with evidence that Core still has not reached substantial completion on the project. Null proposed the council vote to enforce – as was agreed upon in a contract drafted in late February with Core – begin collecting $1,000 per day liquidated damages until the project is finished.

Core President Jay Chung was at Tuesday’s meeting after being absent at the council’s April 18 meeting. Chung disputed Null’s report to the council.

“The reason I’m here today is because in the previous meeting I believe you all had been hearing one side of the story so I came to enlighten you in exactly what’s going on,” Chung said as he took the podium.

Chung went on to provide a reason why each item on Null’s list has not been completed, many times blaming Null himself for, in Chung’s opinion, delaying the project. From his perspective, he and his team are behind schedule because of the city. City Manager Danielle Judd spoke up in support of Null.

“I think that some of the things that we’ve heard tonight, I would just say that, from what I’ve seen I don’t think that’s what occurred,” she said following Chung’s comments. She then addressed the letter writing campaign started by Core Construction’s attorneys as they got close to their deadline in April when the city would start collecting liquidated damages of $500 each day – except Sundays – until completion.

“I don’t think it’s productive to go back and forth, I think at the end of the day we’re just interested in getting the project done,” Judd said.

Chung was quick to respond.

“My attorney would not be having this letter campaign had we not had this liquid damage,” he said. “Liquid damage was to me not really necessary, it didn’t make us work any faster. We would’ve done what we’ve done out there without liquid damage. I mean liquid damage is very antagonistic.”

Chung continued, becoming noticeably more hostile, and attempted to justify the letter-writing campaign his attorneys started with the city.

“As long as [collection of liquidated damages] continues our attorneys will fight back and we’ll maybe have to hash it out legally, but that’s all I have to say,” Chung said.

Chung left the podium and walked out of the council chambers.

Judd, later in the meeting, discussed the letters they have been receiving.

“I’m tired of being threatened quite frankly, it’s childish,” she said. “I’ve never in my 30 years of management ever had to deal with a situation like this with anybody on any project.”

After a long pause to reflect on the discussion that had just taken place, the council voted 4-1 to approve Null’s report and impose liquidated damages of $1,000 per day retroactive to April 29. Council member Van Royal again dissented saying he believes the imposition is unnecessary since the damages are already outlined in the city’s contract with Core.

Later in the meeting, council members addressed Chung’s statement about the necessity of the damages.

“I certainly disagree with Jay,” Royal said. “I think that he has moved quicker since the liquidated damages meeting. It’s had an impact, I voted for it, I agree with it, and like I said at the end of the day we’ll hash it out.”

Vice Mayor Mitch Timberlake also spoke to the same point, adding that Chung had himself sent notices of liquidated damages to his subcontractors following the February 28 meeting where the damages were added to his contract with the city.

“From the citizen’s perspective, this project was originally due Dec. 20, it was then due February 28, and then another two months,” Timberlake said. “I will categorically disagree with Jay that the liquidated damages did not cause an increase in work. I know for a fact that he sent notices to every one of his subs saying that they were gonna’ face liquidated damages at a March 31 date.”

There are no future deadlines set in stone for the project as the extension of the third extended deadline had to be met before last Saturday. Council members are still optimistic that the pool could be open by the end of May, but Royal and Judd expressed concerns that the project could go on for another month at least.

Despite having no firm opening date, the council voted to set rates and hours for the pool, should it be completed this summer.

The pool will be open from 11 a.m. until 7 p.m. Tuesdays through Sundays, and will charge $4 for adults 18 and older, $2 for kids 2 through 17, and offer a discounted rate of $3 for military and guests age 65 and older. The vote for the hours passed 5-0, while the vote for the rates passed 4-1 with Timberlake disagreeing with the discounted rates for military and senior citizens.