Goodrich- The debate rages on as to who is at fault for problems with the pathway on Hegel Road.
Following an announcement at the June 12 village council meeting that the performance bond of pathway contractor Oakland Excavating Company would be called in if the project was not completed by June 16, things have once again stalled.
The project to create a paved, non-motorized pathway bordering Hegel Road west of the Goodrich Country Club to Oaktree elementary has been rife with problems.
Oakland Excavating Company of Pontiac was originally supposed to have the 10-foot wide pathway finished by Aug.5, 2005. The pathway came at an estimated cost of $403,400, which includes Goodrich paying $80,700 in matching funds, with Atlas Township paying an estimated $30,000.
Representatives of WadeTrim engineering claimed to have 22 pages of photographic evidence of failures on the part of Oakland Excavating.
However, Tom Sparks, operations manager for Oakland Excavating Company, says both poor planning by WadeTrim and pre-existing conditions not favorable to the construction of a pathway are to blame for the trouble.
‘The project was built according to their (WadeTrim’s) plans,? said Sparks. ‘All of the work was inspected and tested by WadeTrim.?
Sparks said existing storm water drainage patterns were responsible for the soil erosion that has proved so troublesome in the project.
Additionally, Sparks stressed that Oakland Excavating has responded to every request WadeTrim has made. The next step for the company is having a fence contractor scheduled to come out and repairs said Sparks.
‘We intend to make the project right,? said Sparks.
‘There hasn’t been any further work done on the path,? said Becky Baker, Project Manager for Wade Trim. ‘The next step is to schedule a time to complete the work, then to actually do it.?
Sparks expressed concern for work done by the company he feels should be reimbursed.
As pre-existing conditions was became evident, said Sparks, WadeTrim authorized Oakland Excavating to make corrections at a cost of up to $30,000.
Sparks said the company began the work in what he called a ‘good faith effort?, but was later told they would not be reimbursed for their effort.
‘Legally, we should not have done that work without (the proper) paperwork in place,? said Sparks. ‘But, due to nature of the work and due to relationship we had with WadeTrim at the time, went ahead and did it. Now they are refusing to pay for that work that was previously authorized. They say it is the village that is refusing to pay for it.?
‘There have been some contract modifications that have been submitted back and forth,? said Baker. ‘We haven’t been able to come to an agreement.?
Sparks said Oakland Excavating will continue to work on the pathway.
‘We’re doing what the contract says we have to do,? said Sparks. ‘We have offered a few alternatives to WadeTrim. They have not been approved. We’re trying to evaluate the situation and come up with alternatives that will work.?
For their part, Baker said Wade Trim is keeping ‘force account records?, which Baker described as ‘documentation of when a contractor goes out to a site and how many personnel are there when they do.?
‘They go out to the site to make these upcoming repairs, then we come to an agreement of what the payment should be, if any,? said Baker. ‘There is some additional work that has been done that they will be payed for,? Baker added.
Ultimately, the of reimbursement will be up to the Michigan Department of Transportation..
Mike Hemmingsen, transportation service center manger for MDOT for Genesee and Lapeer Counties, said representatives of Wade Trim and Oakland Excavating are in the initial stages of trying to come to some resolution.
If no resolution may be found, Hemmingsen said the contractor and engineers enter what is called a claims process. The next step in that process is to sit down with a representative of MDOT, and try to reach some acceptable decision. If resolution is still not obtained, Hemmingsen said an appeal is made at a central office in Lansing.
‘Wade Trim and the Village of Goodrich are working hard with Oakland Excavating to get the path completed to everyone satisfaction,? said Baker. ‘We’re estimating it should take 30 days from now to complete everything.?