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<br />INASMUCH AS REMAINING ITEMS OF WORK ARE OF SUCH A NATUR~ THAT COMPLETION OF
<br />THESE ITEMS IS NOT POSS~BLE DURING THE ~AINY SEASON, AND/OR ARE BEING DELAYED DUE TO
<br />DELIVERY OF MATERIAL, WE WOULD, THEREFORE, RECOMMEND THAT YOU ACCEPT THE PLANT AS
<br />CONSTRUCTED, EXCEPT F"OR THE ITEMS LISTED ABOVE.
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<br />IN A CONFERENC~ BETWEEN OURSELVES AND THE GENERAL CONTRACTOR~ A~ ~MOUNT O~
<br />$4,500 WAS AGREED UPON AS A FAIR AMOUNT FOR THE VOLUME OF THE UNCOMPLETED WORK.
<br />PARAGRAPH G-2 OF THE GENERAL CONDITIONS OF THE CONTRACT DOCUMENTS PROVIDES THAT WHERE
<br />THE CONTRACTOR HAS COMPLETED THE CONSTRUCTION IN ALL RESPECTS, EXCEPT FOR ITEMS WHICH
<br />HE IS UNABLE TO COMPLETE DUE TO CONDITIONS BEYOND HIS CONTROL, THAT THE PLANT BE
<br />ACCEPTED AND FINAL PAYMENT BE MADE IN ACCORDANCE WITH ITEM F-4 OF THE GENERAL CONDI-
<br />TIONS~ EXCEPT THAT AN AMOUNT THREE TIMES THE ESTIMATED VALUE OF THE UNCOMPLETED WORK
<br />WILL BE WITHHELD TO GUARANTEE ITS COMPLETION. WE WOULD RECOMMEND, THEREFORE, THAT AN
<br />AMOUNT OF $13,500 BE WITHHELD FROM THE AMOUNT OF THE F'INAL ESTIMATE TO COVER THE CON-
<br />STRUCTION OF THE MAIN ITEMS OF WORK LISTED ABOVE.
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<br />THE CONTRACT- FOR THE CONSTRUCTION OF THE SEWAGE TREATMENT PLANT PROVIDED THAT
<br />THE CONSTRUCTION WORK WOULD BE COMPLETED WITHIN 390 DAYS. ACCORDING' TO THE CONTRACT
<br />DOCUMENTS THE WORK ON THE CONSTRUCTION OF THE TREATMENT PLANT SHOULD, THEREFORE, HAVE
<br />BEEN COMPLETED ON OCTOBER 24, 1953. THE CONTRACT PROVIDES, HOWEVER, THAT SHOULD THE
<br />CONTRACTOR BE DELAYED DUE TO STRIKES, UNAVOIDABLE CASUALTIES, OR CAUSES BEYOND lHE
<br />CONTRACTOR'S CONTROL, THEN THE DATE OF COMPLETION OF THE WORK SHALL BE EXTENDED F'OR
<br />SUCH REASONABLE TIME AS THE ENGINEER MAY DECIDE AND WHICH THE ENGINEER WILL APPROVE.
<br />ACCORDING TO THE RECORDS KEPT DURING THE PROGRESS OF THE WORK, THERE WERE THREE DAYS
<br />LOST IN THE CONSTRUCTION WORK DUE TO FLOOD CONDITIONS ON JANUARY 19, 20, AND 21, 1953.
<br />THERE WERE 19 DAYS LOST DUE TO A MASON TENDER'S STRIKE BETWEEN FEBRUARY 24 AND MARCH
<br />17, 1953. THERE WERE 12 DAYS LOST DUE TO A TEAMSTER'S STRIKE FROM JUNE 3, TO JUNE 16,
<br />1953. THE CONTRACTOR. HAS REQUESTED IN WRITING AN EXTENSION OF TIME FOR THESE PERIODS
<br />OF DELAY. WE HAVE REVIEWED THE CONDITIONS OF WORK UNDER THESE PERIODS AND RECOMMEND
<br />THAT 34 DAYS EXTEN~ION OF TIME BE GRANTED THE CONTRACTOR. THIRTY-FOUR DAYS EXTENDED
<br />TIME WOULD PROVIDE FOR COMPLETION OF THE CONSTRUCTION WORK-ON OR BEFORE DECEMBER 5,
<br />1953. WHILE THERE ARE THE NINE REMA'INING ITEMS OF WORK TO BE COMPLETED CONDITIONS ARE
<br />NOT FAVORABLE TO COMPLETION OF THIS WORK AT THIS TIME AND WE WOULD, THEREFORE, RECOMMEND
<br />THAT THE COMPLETION OF THE REST OF THE WORK-BE CONSIDERED FINAL AS OF MARCH 16, 1954.
<br />THIS COMPLETION DATE IS SOME 83 DAYS FOLLOWING THE COMPLETION DATE AS.REVISED ACCORDING
<br />TO THE CONTRACT DOCUMENTS. THE CONTRACT DOCUMENTS FURTHER PROVIDE F"OR LIQUIDATED DAM-
<br />AGES IN THE AMOUNT OF. $50.00 PER DAY FOR EACH AND EVERY DAY THAT THE COMPLETION IS
<br />DELAYED BEYOND THE DATE ESTABLISHED IN THE CONTRACT. THE AMOUNT OF LIQUIDATED
<br />DAMAGES TO BE WITHHELD, IN CONFORMANCE WITH THE CONTRACT DOCUMENTS, WOULD BE $4,150.
<br />WE WOULD FURTHER RECOMMEND, THEREFORE, THAT THE AMOUNT SHOWN BELOW AS NOW DUE AND
<br />PAYABLE TO THE CONTRACTOR BE PAID AT SUCH TIME AS THE CONTRACTOR COMPLIES WITH ITEM
<br />D-15 OF THE GENERAL CONDITIONS, AND FILES WITH THE CITY OF EUGENE, A LETTER FROM HIS
<br />BOND COMPANY STATING THAT THEIR MAINTENANCE PROVISIONS SHALL BE IN EFF"ECT F'OR 12
<br />MONTHS FOLLOWING THE COMPLETION OF THE REMAINING NINE ITEMS OF WORK. ITEM D-15 PRO-
<br />VIDES THAT THE CONTRACTOR SHALL, IN ONE OF SEVERAL WAYS, INSURE THAT THE CITY WILL
<br />NOT BE LIABLE FOR PAYMENT OF ANY BILLS FOR LABOR, EQUIPMENT, OR MATERIAL SUPPLIED
<br />DURING THE(CONSTRUCTION WORK.
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<br />WE HEREBY CERTIFY, THEREFORE, THAT THE AMOUNT OF" SEVENTY THOUSAND NINE HUNDRED
<br />EIGHT DOLLARS AND FORTY-SIX CENTS ($70,908.46) IS THE AMOUNT DUE AND PAYABLE TO LEE
<br />HOFFMAN, GENERAL CONTRACTOR, IN ACCORDANCE WITH THE TERMS AND THE CONDITIONS SET F"ORTH
<br />IN THE CONTRACT."
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<br />IT WAS MOVED BY CRUMBAKER, SECONDED BY BOOTH THAT THE PROPER-CITY OFFICIALS BE
<br />AUTHORIZED TO MAKE THE PAYMENT OF $70,908.46 ON CONDITION THAT A LETTER OF" ASSURANCE FROM
<br />THE BONDING COMPANY EXTENDING MAINTENANCE PROVISIONS FOR 12 MONTHS ON UNCOMPLETED ITEMS BE
<br />RECEIVED. ROLLCALL VOTE. MOTION CARRIED.
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<br />REPORTS OF BOARDS AND COMMISSIONS
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<br />A REPORT OF THE BOARD OF ApPEALS - RE: REQUESTS OF MRS. EMMA V. TJADER; MR. & MRS.
<br />B. A. CAMPBELL; MR. JESS D. STEVENS; AND A. B. SCARLETT CO. WAS SUBMITTED AND READ AS
<br />F"OLLOWS:
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<br />"THE BOARD OF ApPEALS HELD A MEETING AT THE CITY HALL, MARCH 18, 1954, TO
<br />CONSIDER THE FOLLOWING REQUESTS FOR WAIVERS or THE PROVISIONS or THE ZONING ORDINANCE.
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<br />I. MRS. EMMA V. TJADER, 2324 FRIENDLY STREET, OWNS A LOT AT THE SOUTHWEST CORNER OF"
<br />23RD AVENUE AND FRIENDLY STREET AND THE CITY IS SECURING A TEN FOOT STRIP ON THE
<br />NORTH SIDE FOR THE OPENING OF" 23RD AVENUE WEST OF FRIENDLY STREET.
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<br />THIS LOT 15 57.5 FEET BY 110 FEET IN DIMENSION-AND IN DEEDING THE TEN FOOT
<br />STRIP TO THE CITY, THERE WILL REMAIN A PIECE OF PROPERTY WITH A FRONTAGE OF" 47.5
<br />FEET W~ICH WILL BE LESS THAN THE ORDINANCE REQUIREMENTS IN FRONTAGE. IT WilL CONTAIN
<br />5,225 SQUARE F"EET.
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<br />MRS. TJADER IS REQUESTING PERMISSION TO BUILD ON THIS REMAINING PIECE or PROPERTY
<br />BEFORE DEEDING THE TEN FOOT STRIP TO THE CITY.
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<br />THE BOARD RECOMMENDED THAT MRS. TJADER BE PERMITTED TO BUILD ON THE REMAINDER
<br />OF THIS LOT PROVIDING THE STRUCTURE COMPLIES WITH THE BUILDING AND SETBACK REQUIREMENTS
<br />or THE CITY.
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