New site superintendent promises completion in two months; council considers 30-day extension vs. liquidated damages
BRUSLY — The town’s troubled sewer lagoon project is now operating without a valid contract after Spinks Construction missed its December 31 deadline, leaving the council to decide tonight whether to grant another time extension or begin accumulating liquidated damages against the contractor.
Kyle Downey, a Spinks Construction superintendent who took over the project after Thanksgiving, told the council at last week’s committee meeting that the polishing reactor could be completed within two months, weather permitting.
“I really believe if they really push on it, they probably can get it done by the end of this month, or be super close where y’all be very satisfied where the production’s at actually,” Downey said.
The project has been plagued by delays since its original May 2024 contract date. The council previously approved a four-month extension in September and another three-month extension through December 31, 2025. Neither deadline was met.
“Don’t Misunderstand Kindness for Weakness”
Council Member Chris “Fish” Kershaw delivered a pointed message to the contractor.
“So don’t misunderstand kindness for weakness,” Kershaw said. “If we extend this contract, to me it’s out of the kindness because it’s not costing us money, it’s costing us just time. But don’t misunderstand that for the fact that we’re just letting you do whatever you need to do. We want this damn thing finished.”
Mayor Scot Rhodes said he’s observed more progress in recent weeks than in previous months, but noted that contractor Spinks’ September assurance that a three-month extension would provide “plenty of time” proved false.
“Apparently that’s not going to happen,” Rhodes said.
Council Member Opposes Further Extensions
Council Member Rusty Daigle, who cast the lone dissenting vote on the original $70,000 change order last July, said he cannot support another extension.
“Each time that we keep kicking that can down the road, it’s just going to extend it,” Daigle said. “I can’t support another extension. I’m sorry. Spinks sat up here and told us we can get it done. He was adamant about it.”
Daigle also challenged the notion that extensions don’t cost the town money, pointing to approximately $6,400 in monthly engineering inspection fees that continue accumulating during delays.
“It does cost us money,” Daigle said. “That’s $6,400. And it’s been like that, you know, with some specificity, I guess, since September each month.”
Contract Options
Town Attorney Thomas Acosta explained the council’s options: extend the contract through a change order, or formally notify the contractor they’re in default and begin accumulating liquidated damages of $300 per day once substantial completion is claimed but work remains.
Rhodes recommended a 30-day extension to the February 9 council meeting rather than the two months requested, with a progress report required.
“I’m not a fan of doing more than 30 days,” Rhodes said. “And at the end of the month, report back to us and tell us where we stand.”
The town currently holds $150,000 in retainage on the project.
Payment Questions Raised
The council also scrutinized a $259,445 contractor payment request for work completed between June and November. Daigle questioned a $35,000 line item from a previously approved $70,000 change order for bridge access issues.
The original change order included $35,000 for extra concrete costs if smaller trucks were needed due to the bridge weight limit. Since the contractor is now using full-size concrete trucks, that expense was never incurred.
Rhodes directed town engineer Toby Frugé to obtain detailed documentation on what the remaining $35,000 covers before tonight’s vote.
“Let’s find out about that line item,” Rhodes said. “Tell them we want detail on that line item.”
Bridge Concerns Resurface
The council also raised concerns about undocumented bridge repairs the contractor made without permission or engineering approval.
“He has assumed the risk,” Attorney Acosta said of the contractor’s decision to proceed without authorization.
Frugé noted for the record that he was never asked about or signed off on the bridge work.
“For the record, I’m not his engineer on that bridge portion of this,” Frugé said. “I want that in the minutes.”
The council will vote on both the time extension and contractor payment tonight.
Other Business
The council also addressed several other items at the January 5 committee meeting:
Variance Request: Cody Acosta requested a variance to reduce the side setback from 10 feet to 8 feet at 253 West Main Street for home reconstruction after a fire. Planning and zoning approved the request with conditions including a letter of no objection from the neighbor and a firewall on the east wall. The council will vote tonight.
LGAP Grant: The council reviewed a resolution for the $35,000 LGAP grant application, which the town plans to use for drainage improvements—the first year the grant allows drainage work.
Drainage Partnership: Mayor Rhodes announced a partnership with the parish for drainage improvements. The parish will provide labor for culvert installation on Orleans Quarters Drive and Arlene Drive while the town pays for materials. The parish also agreed to install a second 30-inch pipe alongside the existing one behind Arlene Drive rather than replacing it with a larger 48-inch pipe.
Street Projects: Overlay projects are planned for North Labauve Avenue from Main Street, portions of Arlene Drive, and spot repairs on Labauve Avenue. Engineering should be complete by mid-February.
Public Works Report: December saw 6.1 inches of rainfall across four events with no drainage issues. The sewer treatment facility operated at 35% capacity for the year. Street gutters were cleaned on South Labauve Avenue. Bulk pickup is scheduled for the week of January 12.
Town Hall will be closed Monday, January 19 for Martin Luther King Jr. Day.
Payment Questions Raised
The council also scrutinized a $259,445 contractor payment request for work completed between June and November. Daigle questioned a $35,000 line item from a previously approved $70,000 change order for bridge access issues.
The original change order included $35,000 for extra concrete costs if smaller trucks were needed due to the bridge weight limit. Since the contractor is now using full-size concrete trucks, that expense was never incurred.
Rhodes directed town engineer Toby Frugé to obtain detailed documentation on what the remaining $35,000 covers before tonight’s vote.
“Let’s find out about that line item,” Rhodes said. “Tell them we want detail on that line item.”
Bridge Concerns Resurface
The council also raised concerns about undocumented bridge repairs the contractor made without permission or engineering approval.
“He has assumed the risk,” Attorney Acosta said of the contractor’s decision to proceed without authorization.
Frugé noted for the record that he was never asked about or signed off on the bridge work.
“For the record, I’m not his engineer on that bridge portion of this,” Frugé said. “I want that in the minutes.”
The council will vote on both the time extension and contractor payment tonight.
Other Business
The council also addressed several other items at the January 5 committee meeting:
Variance Request: Cody Acosta requested a variance to reduce the side setback from 10 feet to 8 feet at 253 West Main Street for home reconstruction after a fire. Planning and zoning approved the request with conditions including a letter of no objection from the neighbor and a firewall on the east wall. The council will vote tonight.
LGAP Grant: The council reviewed a resolution for the $35,000 LGAP grant application, which the town plans to use for drainage improvements—the first year the grant allows drainage work.
Drainage Partnership: Mayor Rhodes announced a partnership with the parish for drainage improvements. The parish will provide labor for culvert installation on Orleans Quarters Drive and Arlene Drive while the town pays for materials. The parish also agreed to install a second 30-inch pipe alongside the existing one behind Arlene Drive rather than replacing it with a larger 48-inch pipe.
Street Projects: Overlay projects are planned for North Labauve Avenue from Main Street, portions of Arlene Drive, and spot repairs on Labauve Avenue. Engineering should be complete by mid-February.
Public Works Report: December saw 6.1 inches of rainfall across four events with no drainage issues. The sewer treatment facility operated at 35% capacity for the year. Street gutters were cleaned on South Labauve Avenue. Bulk pickup is scheduled for the week of January 12.
Town Hall will be closed Monday, January 19 for Martin Luther King Jr. Day.
The council votes on the contract extension and payment tonight, Monday, January 12, at Brusly Town Hall.
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