Repository: UIHistories Project: Board of Trustees Minutes - 1984 [PAGE 161]

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152

BOARD OF TRUSTEES

[February 17

T h e construction manager, Pepper Construction Company, has agreed to settle its $170,418.00 claim through the exchange of mutual releases with the University with regard to any claims asserted by contractors on the project, and through relieving Pepper from any obligation to coordinate or supervise the execution of the few remaining "punch list" items of work which Pora Construction Company has yet to perform. Coordination and supervision of Pora's punch list work will be done by University personnel. T h e Pepper settlement will not require the allocation of additional funds. A change order will be issued to Mississippi Valley for $34,570.80 in settlement of its $70,735.77 claim. Funds for this change order are not available in the construction budget, and an additional allocation of funds will be required. Pora Construction Company, the contractor for general work and poured-inplace concrete, has indicated that it will consider settling its $60,862.20 claim relating to work delays, changes, and additions for the sum of $197,500. Pora will promptly complete the punch list items, and the University will retain sufficient funds under the existing contract to insure performance of the work. An additional allocation of funds to the Pavilion construction budget will be required to pay the Pora settlement. If the above settlements are approved, it is recommended that the board authorize the following: 1. An amendment to the November 18, 1982, action of the Buildings and Grounds Committee to permit the retention of $300,000 in the Series N Construction Fund. (The committee initially approved the assignment of $2.9 million in Series N balances as follows: project enhancements — $1.2 million; transfer of $1.0 million into the R&R Fund to support the structural upgrade of the Stadium; and the transfer of $700,000 of unassigned balances into the R&R Fund.) T h e transfer of the $700,000 to the R&R Fund would be reduced by this action to $400,000. 2. An increase in the project budget for the Pavilion from $9.8 million to $10.1 million to permit the payment of the settlements approved by the board which have arisen from the construction of the Pavilion and associated legal costs (settlement costs and legal fees are estimated to not exceed $300,000). T h e acting vice president for business and finance, the university counsel, and the special counsel have recommended approval of the foregoing settlements on the terms indicated and by the allocation of funds as requested. I concur.

On motion of Mr. Madden, this recommendation was approved by the following vote: Aye, Mrs. Day, Dr. Donoghue, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Logan, Mr. Madden, Mr. Stone; no, none; absent, Mrs. Shepherd, Governor Thompson. (The student advisory vote was: Aye, Mr. Bandala, Miss Forsyth; no, none; absent, Mr. Cobb.)

Employment of Special Counsel for Drainage District Proceedings

(4) T h e Upper Embarras River Basin Drainage District which involves a watershed in southeastern Champaign and southwestern Urbana was reactivated in 1982. T h e district has planned a project which involves the construction of a number of drainage improvements, including: constructing a storm sewer for the west branch; relocating, deepening, and widening the west branch; and deepening and widening the east branch and the main stem of the river. A substantial portion of the land in the present district is owned by the University; and the district has indicated that it intends to annex additional land, some of which is owned by the University, into the district. T h e district has indicated that it plans to file the annexation proceedings, a