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HomeMy WebLinkAbout4E, Paving Project at 1315 Red Fox Road�I�EN HILLS Request for Council Action Prepared By: Greg Hoag Council Meeting Date: September 28, 2009 Paving Project at 1315 Red Fox Road Budgeted Amount: Actual Amount: Funding Source: $0 $8,450.00 PIR Capital Recommendation: Motion to complete the paving project at 1315 Red Fox Road, and to authorize staff to sign an agreement with Frattalone Companies Inc. / Tower Asphalt Inc. to complete the work. Supporting Documents: 1. Memorandum dated September 28, 2009 from Public Works Director. Its. — EN HILLS MEMORANDUM DATE: September 28, 2009 TO: Honorable Mayor and City Council Members Ron Moorse, City Administrator FROM: Greg Hoag, Public Works Director SUBJECT: Paving project at 1315 Red Fox Road Backiround As part of the 2005 PMP project, the frontage road which connected Red Fox Road and Grey Fox Road was eliminated to provide for a ponding area to meet the storm water requirements for the project. As a result, Red Fox Road became a cul-de-sac. The building on the property at 1315 Red Fox road is currently accessed by a gravel road which extends off of the end of the cul-de-sac. The original PMP construction plans called for the current gravel road to be paved with asphalt. After the project began, the property owner contacted the City Engineer to discuss possible options for expanding their parking lot into the area of the gravel road. These discussions led to a mutual agreement not to pave the area pending the possibility of the parking lot expansion. In November of 2006, the property owner at 1315 Red Fox Road notified the City of a possible sanitary sewer leak. Public Works staff responded to determine if it was a City issue. The leak was in the property's private force main and not a City responsibility. The property owners had the leak repaired at their cost. In May of 2007, a second leak occurred in the private force main. The property owner once again had repairs completed at their cost. In August of 2007, the City received a letter from the property owners asking for reimbursement of their costs for the repairs. They felt that the leaks which they had repaired were a direct result of the construction project in 2005. As part of this letter they also requested that the gravel road now be paved. City staff turned over this issue to the League of Minnesota Cities for resolution. The League denied the sanitary sewer claim, and when the property owner filed a claim in district court, the paving of the driveway was included in the claim. The PMP contactor, through its insurer, has agreed to defend and indemnify the City from the property owner's sanitary sewer leak damage claims. Final resolution regarding the sanitary sewer claim is still ongoing between the property owners, the League of Minnesota Cities, and the PMP contactor. The parties are currently working to resolve the issue through mediation. The paving issue has been separated from the sewer issue, so that the paving of the driveway can move forward. The City's paving of the driveway is subject to the property owner being responsible for the ongoing maintenance of the driveway. A settlement and release agreement, which calls for the driveway to be paved as per the original 2005 PMP project and the property owner to be responsible for ongoing maintenance of the driveway, has been prepared by an attorney from the League. Commencement of the paving will not occur until the settlement and release agreement is signed by the property owner. Financial Implications Staff asked three local contractors to provide quotes to complete the final grading work and to pave the area. The quotes are summarized in the table below. Contractor Grading Cost Paving Cost TOTAL COST Frattalone Companies, Inc./ Tower Asphalt Inc. $1,950.00 $6,500.00 $8,450.00 T. A. Schifsky & Sons, Inc. $2,650.00 $6,700.55 $95350.55 Bituminous Roadways, Inc. $2J30.00 $900.00 $11,130.00 While this is currently an unbudgeted project it is recommended that the funding source be from the PIR Capital Fund. Recommendation It is recommended that this project be awarded to Frattalone Companies, Inc. / Tower Asphalt Inc. as they have provided the lowest quote to complete the work. Council Action Requested Motion to complete the paving project at 1315 Red Fox Road, and to authorize staff to sign an agreement with Frattalone Companies Inc. / Tower Asphalt Inc. to complete the work.