Consideration of accepting improvements and approving final payment for North Commons improvements

On May 28th, the HRA authorized staff to direct County Line Excavating to remove all unused materials from the 13 unit residential lot development parcel bounded by Bunker Lake Boulevard, Zeolite Street and 148th Lane NW, and to spread the existing stockpiles of fill and topsoil back out on the site, then to seed and mulch the parcel in accordance with the proposal received from County Line Excavating for abandoning the project.

On Thursday, June 13th, County Line Excavating completed the requested work and they have since requested final payment in the agreed upon amount of $103,889.25.

Below is a summary of the partial payments made to date to County Line Excavating for work previously completed on the North Commons project:
• Partial payment #1 - approved 1/22/13 in the amount of $19,723.42
• Partial payment #2 - approved 2/26/13 in the amount of $13,210.07
• Partial payment #3 - approved 5/28/13 in the amount of $13,988.75

Upon making final payment in the amount of $103,889.25, the contractor will have received a total of $150,811.49 for their work on this project.  Staff from the engineering department reviewed all pay applications and punch lists to ensure that all work paid for has been completed.

Regarding the contractor's ongoing obligations for work completed, it is staff's opinion that upon acceptance of the improvements and approval of final payment, County Line Excavating should be released from all future obligations for work completed on this project. The storm sewer they installed on the 13 unit parcel is not connected on either end and will therefore not be subject to maintenance considerations.  In addition, the final seeding that was completed was not part of the initial contract.

No notifications were necessary in relation to this case.

Because the work that was completed falls outside the executed contract, staff believes the contractor has fulfilled their obligations and therefore final payment should be made and the work should be accepted as complete with no further obligations being required of the contractor in the future in relation to this project.

The Engineering Technician IV has inspected the completed work and the City Engineer recommends accepting the improvements and approving final payment to County Line Excavating for IP 12-25, North Commons, in the amount of $103,889.25.

Funds for this work will be paid through the project.

Council is being asked to accept the improvements and approve final payment in the amount of $103,889.25.