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ARDEN HILLS CITY COUNCIL—November 9, 2009 6 8. Unfinished Business Public Works Director Hoag stated that this had not been discussed directly. Staff would be sure to let the contractor know that smaller loads would be required on the trail. Councilmember Holden asked how the agreement worked. Public Works Director Hoag stated that the City would give Mr. Nelson a check within five days of the agreement being approved and Mr. Nelson would pay the contractor. City Attorney Jerry Filla clarified that he did not know if this was the best deal for the City. He had not done any negotiation with Mr. Nelson but rather been provided with the information that these were the terms. Councilmember Holden asked how many bids Mr. Nelson had gotten. Public Works Director Hoag stated that he had received one bid. Councilmember McClung clarified that the agreement would absolve the City of any future liability. City Attorney Filla stated that this was correct. Councilmember Holmes clarified that the amount being requested would be paid before the work was completed and the amount being paid was the final price regardless if the actual amount would be higher or lower. City Attorney Filla stated that this was correct and the City would pay the funds within five days of approving the agreement. Mr. Nelson did not want to front any of the funds required for the proj ect. Councilmember Holden asked if there was a time frame that the work had to be completed. City Attorney Filla stated there was no time frame. He is required to use the money for the - purpose of building the retaining wall. Councilmember Grant asked Mr. Nelson if the construction of the retaining would start from the top. He clarified that Mr. Nelson understood that there would be some damage to his lawn as well during this project. Mr. Ron Nelson, 4504 Keithson Drive, Arden Hills, stated that he understood this and this had been taken into consideration in the quote that he had received. He also stated that he understood that by signing the release he was accepting responsibility that the contractor was going to complete the work as they had stated and he would receive a warranty. He expected that this project would be done before mid-December. Councilmember Holmes stated that the plan does outline that the boulders would be brought in on the trail.