09-15-1980 Council Minutes - Laserfiche WebLink

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. , Page 16 5 . Buf.alo Bituminous asserts: "Gn hove-�ez 1 , all Uork sutomatically cuts eff tin addit:on to the earlier cut-off foz 23b1 �earing course mix) un- less there is a specific direction fror tne er.gineer to proceed. This is bath custom in Minneso.a Nigh_ay specifications and con..,on sense as obvi- ously, such vork cannot proceed tt-i*'ough the winter , nor did the engineer direct that work should proceed _through the winter. In addi[ion , tne- Cit�� of Orono and the City Engineer recognized this and requested Buffalo Bitu- mirous to do any necessary Uinter maintenance, which was done." ; . ?ebuttal : The November 1 , 1979 , cut-off d�te alleged in eifect was obvi- ously never in effect for tnis project , since you finisned paving the base course on the Ring Route on November 16 , 1979 . The project c:as to have been completed on ?vove�ber 15 , 1979. Tne Cit�• never told vou not to pro- ceed through the winter or late fall if tnat is what vou desired to do. The maintensnce procedures uhicn were estab'_isned b� the Git} on the proj- ect weze necessitated because of your failure to complete the project on time. 6 . Buffalo Bitu�inous asserts: "'ihe City caused right-o`-»a� problems in not naving sone easements ready when necessar}�. A*�ong other thi.^.gs , in tne sp:ing of 1980 some of the easements were not read}• �nd Buf.`alo bituminous had to pull off tne job until tney were procured. �air. , obviously they couid not h�ve warked on these items dur:ng tne winter for the above rea- sons, plus lack of easement reasons ." 6 . Rebuttal: The alleged right-of-�a� prob;em alluded to probably involved Ti�othy Sweezo property on Co. Rd. 6. As �ou ray recall , at the precon- struction meeting on June 13 , 1979, before any construction� in fact had ta}:en place on tne project , we info:r.;ed �•ou t;:at we we:e considering the construction of a retaining wall on tne S::eezo property instead of the g:ading of tne erilbankment over onto the S;:eezo property. ke asked ;�ou ic�r an i�nediate response to a suggested char.ge order and we did nat receive that cn�nge order from �ou with prices noted thereon until Feor�ary 4 , - i980. Even as to that cnange order, you cid not note �ny probiem with any ease�ents or an}- need for ex�easions . Moreoyer, the City as of *".ay 12, :980, had the rignt of entry agreement si�-ned for Swe2zo so that you could - have gone on the property as early as *'.a} 12, 1980. 'r.o»ever, as you know, � tne contrsct betueen vou and tne City provides t;,at no work could take p.ace on Co. Rd. 6 until the Ring Route �:as first opened and you did not complete tne Ring Route until spring, 1980 . Tnere�ore , tne Caser.,ent was available at all times if you had gotten to ti-�at portion of the project but you iailed to do so. Even if the ease:�,ent �-,ad not been a�ailable, you were not in a position to do vor�: on Co . Rd. 6 vntil 1980. 7 . Buffalo Bituminous asserts: "The Cit}' of Qrono suffered no loss of usP. Tne project , with adequate surface, was �vailable for use by the City of Crono and was used by the City of Orono for the entire winter of 1979 and 1�80." Page 3. SOOa