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<br />12/19/68 u ,_ ' " _... ." ~,
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<br />.., ., .,.'.., .. '-<;'---" - ___d :-r----
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<br />substantial disagreements which would ,result in claims and counterclaims, ,the City :
<br />hired Cor.nell,' Howland, Hayes & Merryfield to'review the entire record as a disin:-'.
<br />terestedthird party. The report resulting from that review, copies of which, were
<br />previously dif:ltributed to Council members, was read, stating the co'nc1usion that the
<br />contractor failed to accomplish the work according to specifications prepared by the
<br />Public Works Department' to meet the minimum standard requirements set forth by the
<br />Federal Aviation Administration for, airfie1d.construction. '
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<br />The City Manager recommended award of the ,cqntraci, subject to FAA approval, for, i
<br />apron and runway over1ay'and taxiway renovation to Wi1dish Construction Company on
<br />their alternate low bid based on the CH2M report and the following factors: (1) ,The
<br />project being bid is similar to the one on which the report was made, except that
<br />there is a higher percent of asphaltic conrete work in the present bid; ,(2) there
<br />was continual dissatis~~ction,on the project ,now under .contract; (3) the work must
<br />be acceptable to the FAA to assure receipt of grant funds; (4) incomplete status of
<br />the present project; and (50 litigation between Montag (M&S Construction) and the
<br />city of Salem on sewer construction. The Manager recommended contract award to
<br />Steeck Electric for the taxiway lighting. it
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<br />Mr. James Harrang, speaking for Montag, said compaction was the main problem and that
<br />Montag claims the engineers'. requirem~nts were not adequate with regard to removal of
<br />materials, resusting in necessity for'more excavation than .specified. He said per-
<br />formance on the present ,project would not. interfe~,e with Montag's ao.ility .to ,perform
<br />on the new work. ',' .f
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<br />Mr. C. J. Montag, presiden. t of the company., .said a report obtained from another engineer- I r.'
<br />ing firm, would probably be in direct opposition to the CH2M,report. He further ex- -;;;;/
<br />p1ain~d his Company's position as outlined in a 'letter addressed to Council members and "
<br />previously distributed 'to them.
<br />In answer to questions from Council members, Vaughn .G.. Sterling of CH2M, the Pub lic I
<br />Works Director, and the City Manager outlined the general practice and relationship I
<br />between contractor and owner for extra excavation, grad'e of material used, condition I
<br />of equipment used, testing methods, etc., and touched on operation of Montag's pit I
<br />on West 11th on whichcpmp1aints, have been r.eceived ,from owners of abutting properties 'I
<br />with regard to silting of ditches.
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<br />Mr. Art Woods said soil conditions in the airport area ,are not average, resulting in I
<br />the compaction problem.: He said, h~, felt ~onttact award should not be based on per-
<br />formance on the current proje ct. 1P
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<br />'On question from Councilman McDonald as to whether the City feels the CH2M conclusion
<br />is correct, - that the contractqF, failed .tq aC;,complish the work ,as SRecified - the
<br />Public Wor~s Direc:tor said it is the City's opinion that the contract was b'rought to
<br />the asphalt stage in an acceptable manner. Mr. Sterling said that in forming 'an
<br />opinion on acceptability of a project, {t is considered that if anyone part fails I
<br />in testing, the .total wou~d be considered as not meeting sPecifications. He said the, '
<br />asphalt portion, they felt, did not meet specifications, and 'that' the underlying ,soil
<br />is assumed to have met specifi~ations through a series of ,reworking and retesting., I
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<br />The City Manager said the conditions under which this job was completed to the present I ~
<br />time have some bearing upon the asphalt problem - it is the City's contention that had the' ~
<br />, work progressed ,more ,rapidly, befor,e the rainy weather., there would 4ave been no problem i r
<br />with the ~sphalt. He outlined the difficulties experienced5n airport operation because I I
<br />of the contractor's perform"!nce, and said the contractor. should not be relieved of re- I I
<br />sponsibility for doing the work according to specifications. I I
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<br />Mr. Richard .LaD:i,ck, Moontag' s .constru:ction foreman, said they ,felt the City should !.
<br />have taken tests each.day on compaction. On question from Councilman Purdy, the . I '.
<br />Public Works Director said although the City did not ,take daily tests, ,it was known I
<br />the contractor was having continual trouble on obtaining a proper mix and that he did II
<br />not hesitate to test on gradation and other problem areas and should have taken com- '
<br />paction tests. In answer to question-from Councilman Anderson as to whether lack of
<br />daily tests resulted in not meeting specifications, Mr. Sterling said even though ,daily
<br />tests would have assisted the contractor, it does not relieve the contractor of the re- I
<br />sponsibility to provide the proper material. The City Manager commented that tests on
<br />gradation required continual correction but still asphalt was.. being laid and not meet-
<br />ing tests. I
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<br />II Mr. George Goodfellow of McKenzie Road and Dri~~way' said he i~lt '.15eca~~e -oCthe con- j. I
<br />struction time element and elapsed time since t~e initial bid call, all of the, bids . I. '
<br />submitted on this, project should be rejected and another bid call issued. The City fI'
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<br />Manager said under FAA permission the City has 60 days in which to award a contract ,
<br />after the bid opening. He said three of the bidders, exclud~ng McKenzie Road and i I
<br />Driveway, have agreed to hold their present bid rates for 30 days in addition to the I '.
<br />30 days called for in the original specifications.
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<br />In answer to a question from Counyilman Lassen,. the Pu151ic Works 'Direcfor said that
<br />if the construction. schedule had, been kept, the projec:t could have been completed I.
<br />in the allotted time plus extension for rainy weather. I
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<br />~ ,I 12/19/68 - 3 II ..
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