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Home My WebLink About2012-07-18 PACKET 04.O.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/18/12 • PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR I * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * * k * * * * COUNCIL ACTION REQUEST Consider adoption of a resolution approving final payment in the amount of $0 to Final Touch Excavating, Inc. for the Hamlet Pond Expansion Phase 3 project. STAFF RECOMMENDATION Approve the resolution approving final payment in the amount of $0 to Final Touch Excavating, Inc. for the Hamlet Pond Expansion Phase 3 project. BUDGET IMPLICATION BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Dave Hanson, July 9, 2012 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS l E- City Administrator Date ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER H: \COUNCIL FORMS\COUNCIL 2012 \Council 7 -18 -12 \Council Action Form Final Payment Hamlet Park Pond Phase 3.doc RESOLUTION NO. 2012- RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $0 TO FINAL TOUCH EXCAVATING FOR THE HAMLET POND EXPANSION PHASE 3 PROJECT. WHEREAS, The City Engineer has certified that work has been satisfactorily completed, and WHEREAS, the total contract amount is $771,949.79. The actual contract amount completed was $754,577.69. WHEREAS, the prior request of payment identified a retainage in the amount of $6,027.90; this has been reduced to zero due to liquidated damages and therefore payment shall be zero dollars, and WHEREAS, the project is accepted by the City of Cottage Grove as -is. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that $0 be paid to Final Touch Excavating for the Hamlet Pond Expansion phase 3 project. Passed this 18th day of July, 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk ® = Eac:>L- Consulting Engineers & Surveyors 2035 County Road D East, Suite B • Maplewood, MN 55109 -5314 Phone (651) 704 -9970 • Fax (651) 704 -9971 www.bolton - menk.com July 9, 2012 Ms. Jennifer Levitt City of Cottage Grove 8635_ Point _Douglas Drive Cottage Grove, MN 55016 Re: Hamlet Pond Expansion Phase 3 City Project No. 07267 Bonestroo Project No. 000048 - 07267 -0 Dear Jennifer, Enclosed please find five (5) copies of the 12th and Final Request for Payment for the Hamlet Pond Expansion Phase 3. The contractor for this project is Final Touch Excavation, Inc. Based on recent correspondence with the City Attorney and the Bonding Company, the IC -134's and Lien Wavier forms are not required for this project to be closed out. REVIEW OF PROEXT HISTORY The following is the history and background of the Hamlet Pond Expansion Phase 3 Project. The project began in April 2008. The contractor completed the grading and restoration of the ponds and drainage ways in late summer of 2008. As part of the contract under Alternate Bid No. 2, the excess pond excavation material was allowed to be temporarily stockpiled on -site and ultimately disposed of off -site. The completion date for this work was July 30, 2009. In the fall of 2008 and spring of 2009 the Contractor processed the excess material (crushed and screened) into a marketable product. The Contractor did not remove the excess material from the site by the specified completion date. Therefore, in October 2009 the contract was amended by Change Order No. 1 to include placement of the excess material by rough grading ball fields and parking lots in lieu of the hauling the excess pond excavation material off site. Change Order No. 1 was negotiated between the City, Final Touch Excavating, and their Bonding Company. Final Touch began the grading of the ball fields and parking areas in the fall of 2009 and the spring of 2010, except in the areas of the large stockpiled materials. In December 2009 as part of Change Order No. 2, the completion date was revised to July 10, 2010 due to the fall freeze - up and the stockpiles of processed material which were not removed from the site. In the spring of 2010 Final Touch hired the contractor for the Hwy 61 resurfacing project to reprocess and remove aggregate material from the site, thereby reducing the amount of stockpiled material. The Contractor returned to the site for a short period of time in early summer of 2011 to begin the final grading in the area of the stockpiles. As of 12/31/11 the final grading has not been completed and there has been no further grading performed in the past 6 months. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. City of Cottage Grove Hamlet Pond Expansion Phase 3 Page 2 July 9, 2012 CONSTRUCTION COST OVERVIEW As indicated on the final request for payment, the original contract amount was $627,222.65. The contract was amended to include four change orders, resulting in a revised contract amount of $771,949.79. The changes orders for the project are summarized below: • Change Order No. 1 (add), in the amount of $15,110.48 included the grading of four ball fields, three parking lots and connecting roadways. The completion date was revised to July 30, 2009. • Change Order No. 2 in the amount of $0.00, amended the completion date to June 30, 2010. • Change Order No. 3 (add), in the amount of $69,273.75 included the excavation of organic material within the north access roadway and parking areas. The completion date was revised to September 15, 2010. • Change Order No. 4 (add), in the amount of $13,025.25 included the excavation of organic materials within the south access roadway and parking area. The purpose of Change Order No. 1 was to address the Contractor's failure to haul the excess excavation material off -site by the specified completion date. This required finding a solution that utilized the large stockpiles of material that were still on the site. In doing so, the City prepared grading plans for the next phase of the Hamlet Park Ball Field Development, and negotiated the additional grading required as under Change Order No. 1. This was a win -win for both parties. The City received significant value in the rough grading of the ball fields and parking lots at a minimal cost. As a result, the Contractor removed the excess material that was stockpiled and placed it within the park to create the new ball fields and parking lots versus incurring additional cost to haul the material off -site. During the rough grading of the new parking areas and access roads, the Contractor encountered unstable organic materials which required removal. It should be noted that these areas were beyond the project limits and scope of the original contract. Therefore, soil borings had not been taken in these specific areas and encountering the isolated pockets of organic material was an unforeseen condition. As a result the Contractor was compensated for this excavation and backfill material under Change Orders No. 3 and No. 4. The final construction cost shown to date is $754,577.69 which is $17,372.10 less than the revised contract amount. The prior Request for Payment identified a retainage in the amount of $6,027.90; this has been reduced to zero due to liquidated damages and therefore payment shall be zero dollars. RECOMMENDATION There is some non - critical grading work that remains that can be incorporated into a future final phase of the ball field development. Therefore, it is recommended that this project be closed out with no additional payment being made to the Contractor, and the project be accepted by the City of Cottage Grove as -is. After acceptance, please distribute all copies of the Request for Payment as appropriate. If you have any questions or require further information please contact me. Respectfully, Page 3 July 9, 2012 Enclosures copy: Dave Sanocki File