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, e e e ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 13 MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to adopt Resolution #98-73, Reappointment of Assessments. The motion carried unanimously (5-0). G. Pay Estimate #7 and Change Order #4, Lametti & Sons, Gateway Business District Mr. Brown stated that BR W and Lametti & Sons have been negotiating the details ofthe change order over the past several months. Some of the change order items resulted earlier this year but were not items specifically included in the contract and were negotiated on a time and materials basis. This was tracked and Larnetti' s submittal of costs were negotiated to come to a mutual agreement on what was suitable for the work performed. This change order addresses storm water pond relocation, acquisition and excavation of the pond's new site, and an additional storm water run to the MnJDOT ditch. He advised that the pond is now located under the power lines as opposed to the center of the lot. It also includes extension of a 12 inch watermain from the end of the cul-de-sac to a point 500 feet east, hydrant relocation, small lateral watermain extensions, sanitary sewer work resulting from an unforseen condition at the south end of 13th Street where the existing main was lower than the downstrearn manbole by eight inches to one foot, replacement of an existing eight inch watermain lead which should be reimbursed by Welsh Company, poor soil excavation, and importing suitable soils. Mr. Brown stated that he feels the prices negotiated with Larnetti were generally competitive and he recommends the Council approve Pay Estimate #7 to Lametti and Sons in the amount of $208,796.54 for work in the Gateway Business District. Change Order #4 included additional work for the stormwater pond, watermain, sanitary sewer, and soil corrections and totals $182,973.53. He noted aretainage of 2% will be held. Mayor Probst asked if the costs of replacing the existing eight inch watermain lead will be recovered from the Welsh Company. Mr. Brown stated that the Welsh Company is aware of it and it is expected that all but $500 or so would be reimbursed. Mayor Probst asked if it has been confirmed that the City is not duplicating aIlY payment for soil corrections. Mr. Brown stated that this is correct and has been confirmed by painstaking review. He advised of negotiations which occurred that resulted in lower costs for this work. Mr. Brown advised that additional bills from the contractors' subcontractors were submitted but they were modified and reduced after discussion. Mayor Probst asked if the Council will receive a statement that upon execution of this the City is not subject to additional claims. Mr. Brown stated that this can be added and he does not think it will be a problem. He noted that the contractor will have to provide lien waivers from all subcontractors. Mayor Probst asked whether Staff thinks it would be appropriate to have discussion with the City's former City Engineer since this includes a number of items that were discoverable before the proj ect proceeded and about 60% of the contract is in change orders. Mr. Fritsinger stated that based on his work with the Midwest case and those conversations, one of the things that was very clear when the City transitioned from the previous engineering firm to BRW was that Howard Green made some assurances that the City reviewed the plans and