After hearing frustrations from the city council, project engineering firm, and residents (as noted by council members), it appears that Rushford Village’s frustrations with work in the south Rushford area of the city continue to mount. At the Tuesday, September 20 Rushford Village Council meeting Bolton & Menk Engineer Josh Pope gave the council an update and project progress as well as liquidated damages for the contractor exceeding the substantial completion date of September 17.
“I’ve read the emails. You folks have had your hands full,” said Rushford Village Mayor Gordon Johnson to Pope.
“The entire Village has had their hands full,” retorted Pope. While Pope stated it was indicated that concrete work was expected to be completed by September 21, with paving done September 22, he believes it’s more likely at least three to four working days before the project is at that state. “Provided they continue on this path, it’s more likely next week.” Pope indicated he’s had to tell residents he’s just not sure when work, currently scattered throughout south Rushford, will be completed. “I hate doing it, but I have to tell them. Hopefully, the contractor adheres to that, but given their track record…” he continued.
Liquidated damages within the contract equaling $850 per day beyond the September 17 and until substantial completion is met, has spurred a sense of urgency in the contractor, McHugh Excavating. “There’s been more urgency in the last few days than in the last month,” added Pope. “It’s helping us.” While Pope admits that additional contract time is warranted for some weather delay and additional portions of the project. According to the contract, the contractor must submit paperwork with justification in order to be considered for additional time. Pope says McHugh is seeking additional days to the contract timeline, but hasn’t formally filed since the request did not include any type of justification for the extension. McHugh has requested an extension to October 25, more than five weeks, to the contract. “We’re not even going to attempt to look at that without justification,” added Pope.
Councilor Chad Rasmussen cited his frustrations with the contractor and why the extension was needed. “There was two weeks with sun and no rain and they weren’t there,” he said. “Why wasn’t there a sense of urgency before? They should have had a sense of urgency when the project started. It’s gonna be tough to give them an extension. A lot of what they’ve done has not been good.”
Pope indicated that his firm has been charting all of the weather during the contract period, as well as any detail changes to the project. “It’s all part of the discussion. But, we’re not going to give credit for days that weren’t warranted.”
At the preconstruction meeting, prior to the project start, Pope stated McHugh have not indication that any extra days would be needed and that the firm indicated a hopeful mid-July project finish. “It’s very early in the change order process, so we’re trying to keep an open mind. They haven’t given us anything to go on. It’s doing them no good to sit on this. They have a set window in which they can seek additional days. By delaying, they’re not doing themselves any favors.”
Pope acknowledged that while McHugh did contact them occasionally to let them know they wouldn’t be on site working, there were times they did not show up. In these instances, when inspectors and engineers do also come on site, the city is still required to pay them for their time, regardless of whether the contractor is on site. “The city and engineers were acting in good faith. They didn’t really seem to have the full firepower to get the job done.”
“Nobody expected to be here today with this project running late. We have a contractor that flat hasn’t performed,” added Pope.
“That’s what’s going to make it hard, giving an extension. There’s a whole lot more people out there going, ‘What in the world?’ It’s frustrating. It’s beyond frustrating,” added Rasmussen.
Pope hopes to have any extension change order and details wrapped up for the October council meeting. Liquidated damages will begin from the date of substantial completion until the work is completed. A reduction in the amount will be taken off the final pay application for the project.
The council did approve a pay application to McHugh in the amount of $323,503.03 for work completed through August 29.
In other news, the city is revisiting a Featherstone Farm Interim Use Renewal and the 2016-2017 Bare Land Lease. According to Mayor Johnson, Featherstone owner/operator Jack Heddin is seeking some assurances regarding renewal for any improvements made to the property. “There’s a lot more questions than answers and there’s a lot of things I think we’re going to have to ask of Tom,” said Johnson, referring to legal recommendation from the city’s attorney, Tom Manion.
Manion indicated an understanding of where Heddin is coming from, but stating concern with conditional zoning and lack of control for the city. “Jack is very creative; entrepreneurial in his mindset. The public worries, ‘Is this something we’re going to lose control over?’ How do we manage that?”
The renewal date is October 15. Manion will look into the handling of similar agricultural endeavors in other municipalities and states. Futher clarification as to plans for Featherstone will also be gathered.
The council has opted to change the current practice of snow plowing or grading for hire by the city for Rushford Village residents. According to Public Works/Maintenance Supervisor Travis Scheck, the city has previously allowed Public Works to clear snow and grade areas by public request for hire. The council questioned whether or not the city should be contracted for these services outside of emergency situations. The rate has been $75 per hour, for man and machine, for the last 15 years and City Treasurer Judy Graham indicated the amount does not cover the city’s costs.
Seeing that there could be added liability, as well as loss to or competition with private plowing/grading companies or individuals, the council opted to make the work emergency situation only for law enforcement, ambulance, or fire access. A listing of companies and individuals willing to do the work will be made accessible to the public.
The next regularly scheduled council meeting is Tuesday, October 4, at 7 p.m., at the Village Hall. The public is encouraged to attend.
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