09-15-1980 Council Minutes - Laserfiche WebLink

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� � -. , . Fage 15 2 . Buffalo B;tum�nous asserts: "As a conseouence of tne fo:egoing , Elk River Coc�cre�e was Iate in delivery of culver[s as specified and tne w7ole �ob vas iWpeded conside:ably." 2. Rebuttal : The alieged culvert pzoblems vith Elk River Concrete was be- cwe�n you and Elk River and did not involve the City• Moreover, you never indicated to the City there was an} problem with any of your suppliers. In fact Elk River Concrete once called me and told me you had not provided to them the aodemdum concerning the culvert specificatior.s which ::as part of the contract . 3. Buffalo Bituroinous asserts: "During various portior.s of the surcer, par- ticularly at g:ading time, there �:as unu�ually wet »e�ther so that �racing nad to cease for several davs.'� 3. Rebuttal: Tne su��,.,er was not unusually uet and it is our opinion that the grading work could have been co�pleted by the end of :�vgust nad your grad- ing subcontractor rerained on tne project. '?'he completion date in tne contract does not allow adjustment for wet weather and no request for a ti�e extension on tne project �;as received from you until Novcmber 28, 1979 , 13 cays after the deadline had passed. In fact , our records show onl�• five rain da}•s out of ZO for the ti�e p2riod of the end of August and t;-�e e�rly part of September. The es�irnate submitted on August 1 , 1979, b}' Robasse Construction Co�pany, your grading subcontractor, indicated that severt�-one �71) percent of the grading was completed on the Ring Route. Your grading sub�ontractor moved off tne project the week of Ai;gust 6 and did not resume work until the week of September 10, 1979. T'he grading on the Rir.g Route was not compie- ted to a paint whcre class 4 could be placed on it until the week of Octo- der 25, 1979. You are responsible for your subcontracters and insuring that they re�.,ain on the job as necessary. In fact , you later admitted at a meeting last winter that you had other jobs �or Robasse to work on for ' you in other Cities and you made the �usiness decision to .pull Robasse off this job. You must live by your own business decisions. 4. �uffaio Bituminous asserts : "The Minnesota custom as expressed in Minne- sota Sta�e Highway Department Specifications is t'r,at no "2351 �e�ring course mix" sha11 be laid after Septe*�ber 15 , unless there is s speciiic order from the engineer. Obviousiy, this work could not be done in the winter or spring weather and everything had to wait until spring of 1980. In passing , it is also the Minnesota custom and practice not te count such weather dealy time as penalty day titae. Other Uork except laving 2361 wearing course mix, did proceed." 4. Febuttal: The important item as far as p:ace:�ent of the 2361 wearing is concerned is that tnere was no opportunity for the City Engineer to make sny decision as to c:nether or not to place the 2341 binder course until the spring of 1980. As you knov, the binder cou:se �:as not laid by you until 1980 , so we never had the option as to G;-,ether or not to lay the 2361 wearing course in the fall of 1974. Page 2. 500a