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C070901MClosed Session (Item M) - July 9, 2001 At 6:55 p.m. the Board went into closed session to discuss matters that require attorney-client privilege between the County Attorney and the Governing Board concerning potential claims resulting from the construction of the courthouse from Crutchfield Plumbing & Heating Co., Inc. and Amwest Surety Insurance Company, pursuant to North Carolina General Statute 143-318.11(a)(3). Commissioners Kemp, Frye, Davis, Holmes, and Mason were present. Also present were Frank Willis, County Manager; Alice Dawson, Clerk to the Board; Alan Pugh, County Attorney; David Townsend, Public Works Director; Patty Brown, Assistant to the Public Works Director; and Bill Moser of Moser, Mayer, Phoenix, architectural firm for the new courthouse. Alan Pugh explained that several weeks ago Mr. Townsend began receiving information that Crutchfield Plumbing & Heating, the HVAC contractor for the new courthouse under construction, had begun falling behind the revised schedule that they and the other three contractors had agreed to, thereby hampering J.H. Allen, the general contractor, from moving ahead with their work. Our contract with Crutchfield was for a February, 2002 completion date, not November, 2001. We understand that Crutchfield has not been paying their subcontractors, and on July 2, Crutchfield called all their employees off the job. On July 2 the County received notice that Crutchfield's bonding company, Amwest Surety Insurance Company, is in the process of being liquidated as of June 7, and the County had to respond with any claims against Crutchfield by July 7. The County Manager sent a letter to Crutchfield on July 3 notifying them of the County's intention to terminate their contract. Crutchfield appears to be in bankruptcy. Our contract with them was for $1,340,000, and we have paid out approximately $850,000. Mr. Pugh stated that North Carolina General Statutes allow us to negotiate with another contractor to finish the job. Our biggest exposure is delaying other contractors in completing their work. We have three alternatives: 1) let the general contractor, J.H. Allen, negotiate with someone else to finish the job; 2) the County can negotiate directly with another company to finish the job; 3) let the supplier of the equipment, Hoffman & Hoffman, finish the job since they are licensed to do so. Mr. Pugh asked the Board to do the following: 1) ratify the Manager's letter to Crutchfield; 2) terminate their contract effective July 10; 3) authorize the Manager and the Chairman to enter into a contract to finish Crutchfield's work; and 4) authorize the Manager and Attorney to retain construction and bond counsel to assist them. Mr. Moser said that the general contractor had already talked to Hoffman & Hoffman, and Hoffman & Hoffman is not interested in completing Crutchfield's work. On motion of Frye, seconded by Davis, the Board voted unanimously at 7:30 p.m. to return to regular session. Phil Kemp, Chairman Robert B. Davis Darrell L. Frye Robert O. Mason J. Harold Holmes Alice D. Dawson Clerk to the Board