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JOTiAlSON, �OHtiSON At�D DOUGLAS Page 14 <br /> Al1URt�CYS AT LAW <br /> 1lG '�urt}i G�ntral A�cnue <br /> �1'zlt�r�.Tohn�on Ruffalu, 1linncsota 5�313 TcicThone <br /> F:im Ii..)uhn�n (Gl2) (�82-]3-�3 <br /> Eruce R. Uuu�lu+ Alctro 47i-2103 <br /> August 1, 1980 <br /> Popnam, Halk, Schnobrich, <br /> Kaufrran & Doty, Ltd. <br /> 434� IDS Center. <br /> 2`,inneapolis, r`innesota 554�2 <br /> City of Grono <br /> P. 0. Box 66 <br /> C;ystal Bay, 2�`innesota 55323 <br /> Gentlemen: <br /> Buffalo Bi'��rinous respectfully allege�- <br /> l. ihat the City of Orono delayed in mak�ng its award of contract and notice <br /> to proceed. 1^his delay was of a i'��a weeks. Eitiher inadvertently or through <br /> risunders;�nding, the City of Orono did not indicate that such Celay would <br /> also ea�end peri'orrrance time. B�ffalo Bituminaus feels this was imnlied <br /> and understood that performance t�r,�e would be ���ended. A consequence of <br /> delay in ataard and notice to proceed �as� that the entiire,se.�uence of perfor- <br /> mance was delayed, including mobilizing, beginning and so on. rlir�her, <br /> this delay resulted in late inforrration to Elk niver Concrete to proceed <br /> with culverts. Also, this probably caused the engineer to delay in rraldng <br /> final specification corrections as to culverts. <br /> 2. As a consequence of the foregoing, �Lk River Concrete was late in delivery <br /> of culverts as specified and the whole job was irrmeded considerably. <br /> 3, During various portions oi' the sur�ner, particularly at grading ti�ne, there <br /> was unusually wet wea�her so that grading had to cease for several days. <br /> 1�. The i:iruiesota custom as expressed in I�,innesota S��.ate Higrr�aay Department <br /> Specifications is that no "2361 wearing course mix" shall be laid after <br /> September 15, unless there is 2 specific order from the engineer. Obviously, <br /> this work could not be done in the winter or spr� weather an3 everything <br /> had to wait until spring of 1980. In passing, it is also the t`.innesota custom <br /> and practice not to count such ti�leather delay tirr�e as penalty day time. <br /> Other work �cept layi.ng 2361 wearing course mix, did proceed. <br /> 5. On November 1, all work autorn3tically cuts ofi' (in addition to the earlier <br /> cut-off for 2361 wearing course mi�c) unless there is a specific direction from <br /> the engineer to proceed. This is both custom in 1`�nnesota Highway Specificatio <br />