Rich Pedersen, SEH engineer, explained that many streets in the 1995 project have exhibited raveling (breaking up). In a discussion with Bauerly Brothers, they said they would be willing to donate some granite chips for a seal coat. To seal coat the entire project would require 170 ton of granite chips and 3,400 gallons of oil, costing about $6,800.
Bauerly Brothers have offered to provide 45 tons of granite chips at a cost of $900. The Public Works Committee met prior to the council meeting and felt Bauerly Brothers should pay for the entire seal coating.
Ron Mergen, public works director, said two streets would not require the sealcoating, Washburne Drive and Koronis Avenue, as they received an overlay and showed no signs of raveling.
"We feel part of the problem is the weather was too cold when they laid the tar. It cooled down too quickly," Pedersen said. Dennis Wilde, city administrator, said Bauerly Brothers never came to the city stating it was too cold to lay tar. Mayor Joe Voss said the tar on Maple Street was really laid poorly.
Mergen added a walk through inspection with Bauerly Brothers and an inspector showed the only way to fix the streets was a seal coat.
Pedersen also added possible liquidated damages could be assessed from Nov. 1 to 7, 1995, and April 15 to June 22, 1996....a total of 74 days at $700 per day totals about $51,800.
"A bone of contention is that they placed the sidewalks and driveways on May 6 and 7 and the top soil on May 21. Why did it take until June 15 for the sod to be placed?" he stressed. "I don't know if we can assess for all the liquidated damages, but we should try to get something," he added. Councilmen Bert Stanley and Harlan Beek suggested the liquidated damages be dropped if Bauerly agrees to pay for all of the sealcoating.
Mayor Voss felt the city had the sealcoating coming to them. "We need to seek some damages. How many times this spring did Bauerly Brothers say they would lay the sod and didn't show up. The sealcoating and liquidated damages are two separate issues," he added.
Councilman Dennis Zimmerman expressed the desire not to aienate the contractor but it is only good business not to give in. "We need to expect something from the contractor that wasn't upheld. What is the next step?" Zimmerman asked. "Is there a reason why the sod wasn't laid or was it just delays on their part?"
The council delayed any action on the liquidated damages but will still request Bauerly pay for the sealcoating.
In other business, the council approved a resolution to enter into the grant agreement with the Minnesota Pollution Control Agency to conduct the Paynesville Wellhead Protection Project.
Mergen explained the grant has been approved. The budget totals about $32,000. Of that total, the city is responsible for about $4,000. The state grant share equals $12,000.
As part of the grant, a 10-year map showing where the water comes from will be developed. Then the city can sit down and determine how to protect that zone.
Taking part in the plan are Stearns County Environmental Services, North Fork Crow River Watershed District, Rice Lake Association, Koronis Lake Association, Minnesota Rural Water Association, Paynesville Township, and the Minnesota Pollution Control Agency.
Quotes were opened for the Evergreen Court Cul-de-sac. The council approved accepting the low quote from Bauerly Brothers for $11,063 for paving, curb and gutter to complete Evergreen Court.
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