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Commissioners review $281,100 contract for Passai River drainage study, counsel flags renegotiation language

Bertie County Board of Commissioners · June 16, 2025
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Summary

Staff recommended awarding part A of a Passai River Drainage RFQ to Deal & Associates for $281,100 to perform drainage-shed modeling and feasibility work; county counsel raised concerns that a contract clause would allow renegotiation of costs after 12 months and urged firmer deadlines or remedies.

Staff told the board that Deal & Associates scored highest on an RFQ for the Passai River Drainage project and presented a proposed Part A contract for $281,100 that would include drainage modeling, feasibility reports and identification of up to 13 potential impoundment locations. The work would cover areas between Hoggard’s Mill and Koplumaker Swamp, the presenter said.

County counsel and a commissioner expressed concern about contract language in which the consultant could seek renegotiation for cost increases after 12 months. Counsel said that contracting "to agree" with an open renegotiation clause risks leaving the county without remedies if the firm delays or fails to perform, and recommended negotiating firmer deadlines or liquidated‑damages provisions. Staff said Part B (a geotechnical assessment) would proceed pending grant decisions; total program figures were discussed in the presentation packet (transcript gave a total figure of about "$1.57"). The board asked staff and counsel to tighten contract terms before final execution.