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HomeMy WebLinkAbout5.A.3. Greenfield West Neighborhood Park Semi-Final Pay Authorization s: f/.:J . CITY OF SHAKOPEE MEMORANDUM CONSENT To: City Council and Mark McNeill, City Administrator From: Andrea Weber, Parks and Recreation Landscape Designer Meeting Date: June 6,2006 Subject: Greenfield West Neighborhood Park Semi-final Pay Authorization Introduction This item is to request City Council's authorization for the semi-final payment to the General Contractor of Greenfield West Neighborhood Park, Sunram Construction Inc. Final payment would be made after the final punchlist of items is completed. Discussion Construction of Greenfield West Neighborhood Park is nearing completion six months after the initial substantial completion date required in the contract. There are several items that City Council needs to be aware of: . Punch List: The contractor has requested a punch list of final items for the park. Bill Egan, Jim Henderson, and I met at the site and completed a punch list, but we are holding the punch list until we receive documentation on the water line testing from the contractor. . Tax Forms and Lien Release Waivers Semi-final payment will not be made until the tax forms and lien releases waivers have been provided to the City. Although it is typical to receive these prior to final payment, we are requesting them now as we already have a sub-contractor trying to draw on the Contractor's payment bond. . Liquidated Damages The Contractor is also being charged with $13,000 in Liquidated Damages for failure to complete the work on time. The specifications and contract allow the City to assess liquidated damages for failing to meet project requirements and timelines. In this case, we extended the substantial completion deadline 31 additional days in order to provide the contractor additional time to complete the project.. However, even during the 31-day extension, the contractor failed to make significant progress in completing the project. Although substantial completion was due on October21, 2005, we consulted with the City Attorney and determined that Liquidated Damages should be assessed during the construction season, since some items could not be completed when construction was suspended due to winter weather. Therefore, damages are being assessed November 1 - November 28 and April 25 - May 18. . Semi-Final Pay Amount The contractor has submitted a request for payment for all but the retainage. I am recommending (and the City Attorney has affirmed that it is legal to do so) that we retain the entire liquidated damage amount from the semi-final pay. In addition, in preparing the semi-final payment, I discovered that we had double paid for concrete and drain tile. This previous overpayment would also be withheld from the semi-final payment. With these deductions, most of the contractor's request for semi-final payment has been fulfilled: ; Contract: $ 240,304.80 Liquidated Damages: $ (13,000.00) Retainage: $ (13,504.22) Amount Paid to Date: $(210,411.65) Semi-Final Payment $ 3,388.98 Visionina Relationship F. Housekeeping Reauested Action If Council concurs, authorize the Semi-final payment for Greenfield West Neighborhood Park to Sun ram Construction Inc. for the total of $3,388.98, contingent on the Contractor's submittals of required testing results and Lien waivers.