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The PMP contactor, through its insurer, has agreed to defend and indemnify the City <br />from the property owner's sanitary sewer leak damage claims. Final resolution regarding <br />the sanitary sewer claim is still ongoing between the property owners, the League of <br />Minnesota Cities, and the PMP contactor. The parties are currently working to resolve <br />the issue through mediation. <br />The paving issue has been separated from the sewer issue, so that the paving of the <br />driveway can move forward. The City's paving of the driveway is subject to the property <br />owner being responsible for the ongoing maintenance of the driveway. A settlement and <br />release agreement, which calls for the driveway to be paved as per the original 2005 PMP <br />project and the property owner to be responsible for ongoing maintenance of the <br />driveway, has been prepared by an attorney from the League. Commencement of the <br />paving will not occur until the settlement and release agreement is signed by the property <br />owner. <br />Financial Implications <br />Staff asked three local contractors to provide quotes to complete the final grading work <br />and to pave the area. The quotes are summarized in the table below. <br />Contractor <br />Grading Cost <br />Paving Cost <br />TOTAL COST <br />Frattalone Companies, Inc./ <br />Tower Asphalt Inc. <br />$1,950.00 <br />$6,500.00 <br />$8,450.00 <br />T. A. Schifsky & Sons, Inc. <br />$2,650.00 <br />$6,700.55 <br />$95350.55 <br />Bituminous Roadways, Inc. <br />$2J30.00 <br />$900.00 <br />$11,130.00 <br />While this is currently an unbudgeted project it is recommended that the funding source <br />be from the PIR Capital Fund. <br />Recommendation <br />It is recommended that this project be awarded to Frattalone Companies, Inc. / Tower <br />Asphalt Inc. as they have provided the lowest quote to complete the work. <br />Council Action Requested <br />Motion to complete the paving project at 1315 Red Fox Road, and to authorize staff to <br />sign an agreement with Frattalone Companies Inc. / Tower Asphalt Inc. to complete the <br />work. <br />