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gr00090_000037_pg137
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-4- <br />July 16, 1975 <br />He said he remembers standing in the area of the new addition being concerned <br />about water. Again, he thought they could waterproof and when they began excavation, <br />the water, soil and sand moved into the area. When it is dewatered it becomes very <br />firm. He said he discussed the problem with Mr. Skiba. The first excavations <br />for the basement were clean cuts and you could see where the water had once <br />stood, it appeared the sewer had taken the water down in the area and he felt <br />that thinks were in our favor and thinks it will begin to lower in the future. <br />He said Mr. Skiba had told him about a sanitary sewer pipe being 50' down with <br />gravel and the pipe being laid in gravel. With that, he speculated the water <br />problems would be taken care of. He said what happened here was an act of God. <br />We were blessed with rain that broke all records in June. Others have had <br />water problems also, it is unfortunate situation. To complicate things we <br />were caught with the excavation beside the building not being back filled enough <br />leaving a depression that gathered surface water and drew water into the <br />excavated area and caused real turbulance in underground water. Tremendous <br />water action caused a real load to the underground system. The water came <br />up 8" above the floor and then seemed to stop. The fluctuation and movement <br />of underground water caused the floor to heave. To save money he had limited <br />the landscaping to cover the excavated area. <br />Mr. Erickson of B -E said the west side of the building has an existing problem <br />beyond the area mentioned. A lot of water is still ponding there and it <br />needs to be filled or some type of swale installed to get rid of that water. <br />Mr. Walijarvi said that this was not included in the contract, and that <br />they admit fault for this as designers of the building. He said he thought <br />grading would be sufficient because the areas was so flat and he didn't anti- <br />cipate the percolation of water so rapidly. <br />Mr. Walijarvi said they are to supply B -E with what is to be done to take <br />care of the situation. <br />Mr. Miller said that a solution is underway. B -E is concerned about whether <br />the City is going to take a firm stand at this point. <br />Attorney Meyers said the City is regulated by statutes and the contract and that <br />he can't see where there has been any evidence that the City is at fault. <br />Mr. Miller said it is the City's property, and until someone can point to who <br />is at fault what happens in the meantime. <br />Attorney Meyers said a court of law may have to determine who is at fault. The <br />City if bound by contract. <br />Mr. Miller said B -E had all the confidence in the world with Mr. Walijarvi and <br />that the contract is with the City. They are being asked to do work with <br />no assurance where payment is to come from. <br />Attorney Meyers said that B -E must complete its contract with the City. If <br />they won't then the City would have to go and get someone else to do it under <br />the terms of the performance bond. We don't know who is going to pay for it, <br />and it may take a couple of years before it is determined who is going to pay. <br />Mr. Walijarvi said they are probably as responsible as anybody. Whether <br />he can plead no experience in this particular instance he doesn't know. <br />B -E already indicated they will finish their part of the contract. <br />
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