Gage County supervisors give Volkscapes until June 1 to finish six culvert projects after contractor cites utility delays

The Gage County Board of Supervisors voted 4–3 on April 2 to move the completion date for six county box-culvert projects performed by Volkscapes to June 1, 2025, after the contractor said utility interference and earlier mobilizations had delayed work.

The board’s decision followed more than an hour of discussion in which Volkscapes owner Tim Vogt and project manager Keith Sunderman outlined logistics and disputed the size of liquidated-damages exposure. “We’re asking for June 1 and start LDs and we’re hoping we’re done and we’re gonna do our best to get them done,” Vogt said. He told the board the contractor lost a $4,100 bond on a box removed from the scope and incurred roughly $23,000 in remobilization costs after Windstream delayed lowering lines adjacent to work sites.

The vote was driven by the contractor’s request to account for a roughly 25-day delay while Windstream lowered lines near a DeWitt site; Volkscapes asked the board to reduce the project time by 45 days for the removed structure and then add back about 30 days for the utility delay. “If the Windstream line wasn’t in the way, we wouldn't have any argument about the LD starting on May 1,” Vogt said. He also said the company could hire additional workers or subcontract portions to meet an accelerated timetable.

Supervisors pressing for accountability said repeatedly that moving deadlines sets a precedent and that the county had already extended the original November 1 completion to May 1 last fall because of a prior six-month extension. “We’re seven months down the road now from when it was supposed to be completed,” Supervisor Adams said. Supervisor Jurgens argued the county should keep May 1 as the formal completion date while agreeing to withhold enforcement of liquidated damages if the work finished by June 1 — a compromise several supervisors supported in discussion.

The board formalized that compromise by voting to extend the completion date to June 1, 2025. The motion passed with Supervisors Adams, Teman, Dorn and Jurgens voting yes and Supervisors Claybaugh, Haxby and Lytle voting no. County staff and Volkscapes agreed to provide a progress update at the board’s April 30 meeting; the contractor also said it would appear before the board if requested on May 1.

County staff and supervisors repeatedly raised the practical consequences for local residents where roads are closed during box installation and pressed the contractor for a clear execution plan. Sunderman said the crews could stage multiple boxes simultaneously if allowed, but acknowledged doing so would make traffic detours and access more difficult for some residents. Board members asked staff to check the project schedule and to document all delays tied to third parties such as utility companies.

The board’s discussion noted specific financial impacts asserted by the contractor: a $4,100 forfeited bond for a removed box, an estimated $23,000 remobilization cost, and vendor mobility and personnel costs tied to repeated starts and stops. The contractor also described 12 weather-related snow days in January and February and said Windstream’s response time had effectively stopped progress on at least one box for about a month.

The board did not rescind the original contract or call the bond at the April 2 meeting. Supervisors said they would review photographic and field updates and decide whether to impose liquidated damages if work extended substantially past June 1. A follow-up progress item is scheduled for the April 30 meeting. If the work is incomplete after that review, the board indicated it would take further action at that time.

Ending: The board’s decision gives Volkscapes a formal June 1 deadline and asks county staff to return with progress documentation at the special April 30 meeting. The county’s road and bridge staff will continue to coordinate with the contractor on traffic management and with utilities on relocations.