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l�'�, <br />Jy <br />REQUEST FOR COUNCI L ACTI ON <br />Department Approval <br />�-. <br />Date: 2/8/10 <br />I tem N o.: 7. I <br />Ci ty M anager A pproval <br />I tem Descri pti on: Adopt a Resol uti on to Accept the Work Compl �ed, A uthori ze Fi nal <br />Payment of $44,715.70 and commencethe On�Ye�ar Warranty Period on the Rose�vood <br />Nei ghborhood D rai nage I mprovements Proj ect. <br />BACKGROUND <br />On September 14, 2009 the City Counci I awarded the Ros�wood Neighborhood Drai nage <br />I mprovements Proj ect to TM S Constructi on, I nc., of Pri or L ake, M i nnesota. Thi s proj ect <br />consi sted of the constructi on of 16 rai n gardens. The rai n garden eaccavati on and preparati on was <br />to occur pri or to N ovember 30, 2009, wi th pl ants to be del i vered i n the spri ng, 2010. As of <br />November 30, 2009, the contractor had onl y compl �ed a porti on of the work requi red at 14 rai n <br />gardens. The contractor di d not compl ete the work i n a ti mel y manner, was often absent f rom <br />the proj ect si te, I e�avi ng work parti al I y compl �ed, and di d not keep to the schedul e he had <br />provi ded the City. Staff recommends the contractor be paid for the work he has compl e�ed and <br />the contract be cl osed out. Staff recommends r�bi ddi ng the remai ni ng work to be compl �ed thi s <br />spri ng and awardi ng a ne�v contract to a more responsi ve, responsi bl e contractor. <br />POLICY OBJECTIVE <br />Ci ty pol i cy requi res that the fol I owi ng i tems be compl eted to f i nal i ze a constructi on contract: <br />• Certi f i cati on f rom the Ci ty Engi neer veri fy i ng that al I of the work has been compl �ed i n <br />accordance w i t h pl ans and speci f i cati ons. <br />• A resol uti on by the Ci ty Counci I accepti ng the contract and begi nni ng the on�ye�ar warranty. <br />FI NANCIAL I M PACTS <br />The f i nal contract amount, $44,715.70, is approxi mately 43% of the contract amount of <br />$103,222.40. Staff recommends the remai nder of the proj ect be r�bi d and awarded thi s spri ng <br />to another contractor. Ci ty staff wi I I bri ng thi s recommendati on to a f uture City Counci I <br />me�i ng. <br />S�AFF RECOM M ENDATI ON <br />Si nce the work that was compl �ed was i n accordance wi th proj ect pl ans and speci f i cati ons, staff <br />recommends the Ci ty Counci I approve a resol uti on accepti ng the work compl �ed as the <br />Rose�vood Nei ghborhood D rai nage I mprovements Proj ect and authori ze f i nal payment of <br />$44,715.70. <br />Page 1 of 2 <br />