May 18, 2023 |
Photo – Lewis & Lewis Logo – Bigfoot99 file photo
Saratoga’s Spring Avenue Utility and Street Improvement Project is nearly complete. Payment was discussed at Tuesday’s town council meeting.
Caleb Tygum is the construction manager for Lewis and Lewis, the contractor responsible for the Spring Avenue project. At Tuesday’s town council meeting, Tygum asked the town not to take liquidated damages out of the next payment. He said Lewis and Lewis would end up owing the town money if the liquidated damages were assessed.
The project was originally scheduled to be finished by the end of last October. Multiple delays caused the job to go past the completion date. The contract between the town and Lewis and Lewis states liquidated damages would be charged for every day the job continued past October 31st. Work progressed into winter. When the weather forced the contractor off the job, the previous town council voted to charge liquidated damages of $1,750 a day until Lewis and Lewis returned.
The liquidated damages were put in place to protect the town in case the contractor was unable or unwilling to complete the job.
Tygum said after a nearly seven-month delay, the project is almost done. If the weather holds out, Tygum said the job should be finished next week.
Tygum said the town needs to perform a final walkthrough and agree that the job is completed to its satisfaction. Mayor Chuck Davis said Lewis and Lewis has already finished many of the secondary items the town requested.
Councilman Jerry Fluty said he wasn’t satisfied with a portion of River Street. Councilman Fluty said Lewis and Lewis did not repave a section of the road. He asked how the contractor intended to remedy it.
Tygum said the unpaved section was purposely left to prevent water from pooling on the road. He said the area would be filled with rocks and remain unpaved.
The town voted to pay Lewis and Lewis without the liquidated damages being taken out. A $100,000 retainer will still be withheld, though. Retainers are common in construction contracts and are put in to ensure the contractor does quality work. If the project begins to show signs of shoddy workmanship, the town can use the retained money to repair the damage. The retainer money will be returned at a later date if the town is satisfied with the project.
