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. . . ARDEN HILLS CITY COUNCIL - AUGUST 10, 1998 6 Council member Larson inquired regarding the mobilization funds which were withheld, Mr. Brown explained that the contractor was to be paid $30,000 for mobilization, has received only about $5,000. Typically, payment of the mobilization money is part of Pay Estimate #1 but the City withheld that. In addition, the original completion date is coming up shortly. Mr. Brown explained that so far with interim completion dates, the contractor was late by ten or more days on all segments except for Edgewater Avenue. The final completion date is a week from this Friday. The City could get liquidated damages of $500 per day ifthe project is not completed by this date. However, a damage claim would require legal action. Councilmember Larson asked if there was some other way to capture the contractor's attention in paying this request, and if it is possible to further withhold payment. Mr. Brown said this could be done, but the City only paid about $5,000 of the $30,000 mobilization which would normally have been 100% paid with Pay Estimate #1. Mr. Fritsinger advised that the Council has, in the past, withheld payment above and beyond the typical retainage. However, the City Attorney has expressed concern about the legal ability to do that for an extended period of time and indicated the City cannot arbitrarily withhold funds. Councilmember Aplikowski suggested the Councilmembers remember this when considering the next contract award. She stated Mr. Schifsky should be informed ofthe Council's concern either by a letter or verbal comment. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve Pay Estimate #2 to T.A. Schifsky & Sons, Inc. for 1998 Street Improvements in the amount of $212,464.96 subject to a 5% retainage. The motion carried unanimously (4-0). ADMINISTRATOR COMMENTS Mr. Fritsinger advised the Council that Mr. Post and Mr. Stafford visited the maintenance facility that the City of Hutchinson shares with the State and County, This was a fact finding effort related to the financing agreements and operations. He advised that some good information was received which will be helpful for the Finance Committee. Mr. Fritsinger said the Planning Commission approved the site plan and Special Use Permit for the proposed City Hall. The Commission's discussion centered on the size of the facility and whether it was large enough for future expansion and the size and use for the community room. Other key areas with the entry area into the facility, the roof slope down to the entrance, and concern about ice and snow accumulation. The architects will be looking at these concerns and staff will meet with them next week. A further report will be made at the August 31, 1998, Council meeting. Mr. Fritsinger raised the issue of the need for a larger capacity copy machine for the administrative offices since current machines are not adequate for the number of copies being made and there have been many breakdowns. Mr. Fritsinger reported on the number of machines which have been viewed and the proposal from Xerox for a copier that is quicker and offers more time-saving advanced features. However, $10,000 had been budgeted for a new copier and the