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Clay County transportation program shows progress — and schedule disputes; some projects past contractual completion
Summary
County staff said several bonded road projects are underway but noted schedule disputes: one segment was 44% paid with 103% of contract time used and another showed 122% of time elapsed. County and contractors are negotiating time extensions; possible liquidated damages were discussed.
County staff gave the Board of County Commissioners an update Sept. 9 on bonded transportation and capital transportation projects, reporting steady field progress on multiple corridors but flagging schedule disputes and time-extension negotiations with contractors.
Warwick Sams, deputy director of Capital Projects, led the monthly update and listed work progress across the county’s bonded program. His briefing included pay-out and elapsed-time figures that prompted questions from commissioners: project pay-out percentages ranged from roughly half to nearly complete, while several contracts had used more calendar days than originally allotted.
Key status details reported by staff: - County Road 218 (Project 1): about 50.1% paid, 79% of scheduled time used. - County Road 209 (Project 2): about 59% paid, 41% of scheduled time used. - Project 3B (east connection through Sand Ridge/roundabout work): 44% paid, 103% of contract time used — staff said the contractor has requested additional days and the county is negotiating the appropriate revised schedule. - Cathedral Oak Parkway (project 6B): 99% paid, 122% of contract time used; listed as under contention by contractor. - As of Sept. 2, 2025, the bonded transportation program had expanded by $138,000,000 (program-wide expansion figure cited by staff).
Commissioners pressed staff for completion estimates and for clarity on the meaning of “103% of time used.” County officials explained that 103% indicates the contractor has exceeded the originally contracted number of calendar days; staff are negotiating extensions to determine how many of those days are compensable. Once a negotiated time extension is agreed, staff said the percent of contract days used will be updated and liquidated-damage assessments may apply if contractors exceed the newly negotiated schedule.
Kiewit and other contractors cited permitting, weather and site-start timing as reasons for time disputes, and county staff said each disputed schedule is being negotiated on a project-by-project basis. Commissioners asked staff to return with firm estimated completion dates and to follow up on liquidated damages where appropriate.
A separate petition from a business owner (hosted on change.org) asked for a change to a median design on one project; staff said they were working on a potential accommodation and would bring options back to the board if the change required a contract modification.
Why it matters: Bonded transportation projects account for major capital spending and local traffic impacts. Contractual schedule disputes can increase costs or delay safety and congestion relief measures.
What’s next: County staff will continue negotiating time extensions with contractors, provide updated completion estimates to the board on request, and report any negotiated contract amendments that affect schedule or cost.
