Jail project completed

New beds ready for occupancy, no reservations needed

Wayne White
Managing Editor

A project that added a work release holding cell and six beds to the Osage County Jail is now officially completed.

Jay Zimmerschied, of Treanor Architects, reported to the Osage County Commission that the only remaining work to be done on the $129,129 project is replacing a door handle.

“That item is not precluding them from using the jail,” Zimmerschied said.

The original contracted completion date was to be May 29, but a change order added a 52-day extension to allow the contractor to obtain a toilet fixture suitable for the security facility.

That change extended the completion date to July 20. Zimmerschied said jail records show the cell in question was occupied on July 24.

He explained that according to the contract, the county could claim liquidated damages in the amount of $100 per day of the project overrun. But, he said, the contract was based upon the date of “substantial completion” which could be disputed by the contractor if the county chose to seek damages.

“They were able to use that [cell] for its intended purposes,” he said.

Another consideration, Zimmerschied said, was that the county had not signed the change order approving the time extension. The change benefited the county by reducing the project cost by over $1,000, and it was a necessary change, he explained.

Collecting the liquidated damages could be more costly than $400, he said.

“You’ve got to have guidelines, though,” said Osage County Commissioner Carl Meyer. With the contractor not meeting the deadline, he said, “It was basically denying us income from the jail.”

Requesting advice from county counselor Delton Gilliland, the commission was told, “I don’t even know if you’ve been damaged.”

Zimmerschied said the contractor could request proof of damages.

“You’re not talking about that much money,” Gilliland said.

Osage County Commissioner Larry Woodson argued that every dollar should be considered, but commissioners agreed they would not want to pay legal fees to try to collect for the possible damages.

On a motion from Woodson, commissioners decided not to pursue damages, and accepted the previously unsigned change order. In addition to the jail cells, the project also included minor renovations in the courthouse.

In other discussion, Zimmerschied also told the commission that his company had reviewed plans provided by the city of Lyndon outlining proposed repairs to a sewer line that runs under the courthouse.

His company determined that relining the sewer line “seems like an appropriate solution. This is an appropriate approach for this problem.”

With commissioners requesting Zimmerschied to sign off on the plans, Gilliland noted the company was not being paid a fee for reviewing the plans, and it was the commission’s decision on how to proceed.

“I think I would convey to the city that the county would accept … a sleeve in the pipe properly installed – the county will accept that solution,” Gilliland said.

At a previous meeting, commissioners discussed the plan with Lyndon City Administrator Larry Thurston, who indicated the city was considering two options for the sewer line that serves most of the north side of Lyndon. One option was to repair the line and leave it in place; a second option was truncate the line upstream from the courthouse and reroute the flow to a nearby line, leaving the line as a service line from the courthouse. Lyndon has hired an engineering consultant to determine whether rerouting is an option.

Still to be considered is whether the county will participate in paying for the repair. It was noted that since the line is still a city sewer main, the city remains responsible for the repair.

“I think the cost part of it is undetermined,” Gilliland said. “The amount and who’s going to pay is unknown.”

In other business, the commission:

• heard from Zimmerschied that Treanor had reviewed safety violations at the courthouse cited by the state fire marshal. A proposal is being prepared to define a project based on the fire marshal’s concerns. Zimmerschied recommended that the county develop a preservation plan, or a document outlining the historical features of the courthouse. The document could be used for all future projects at the courthouse. Zimmerschied was reluctant to discuss the cost of developing the preservation document, but agreed to attend a future meeting with a cost estimate.

• approved a donation to Grace Community Church in the amount of $150 for use of the church for the Northeast Kansas Officials Conference that the county is hosting Oct. 10.

• approved paying $27,330.89 to Kansas State Bank, for a payment on the Osage County Sheriff’s Office building.

• approved employment of Nancy Durbin as part-time personnel for Osage County Economic Development. Durbin is to work less than 20 hours per week.

• presented a certificate of appreciation to county appraiser Marg Archer, who recently resigned after nine years of service to Osage County.

• heard from road and bridge supervisor Glen Tyson that bids have been reviewed for replacing Mineral Springs Bridge on old U.S. 75, or Topeka Boulevard, about two miles north of Carbondale. Midwest Construction, Inc., of Holton, submitted the low bid of $510,403.97. The Kansas Department of Transportation is administering the project with the county responsible for 20 percent of the cost. Construction is expected to begin early next year.

• learned from Tyson the county had received a grant of $6,500 through the Lake Region Authority for recycling purposes. Osage County plans to purchase storage pods to be used for electronic waste collection.

• approved an inter-local agreement with Rural Water District #6 for the purpose of obtaining government funds for a water system improvement project. The $987,690 cost of the project will be funded by the water district, a community development block grant, and a USDA loan and grant.