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Council accepts Buffalo Springs roadway project; staff seeks escrow confirmation from Home Depot and First American Title

2113549 · January 15, 2025
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Summary

Council accepted the Buffalo Springs Roadway Improvements Project into the city’s maintenance system while staff continues to seek confirmation of escrow deposits and Home Depot sign-off before final retainage/refund actions.

The Montgomery City Council on Jan. 14 accepted the Buffalo Springs Roadway Improvements Project, closing out construction and entering the one-year warranty period. Staff reported the final construction cost at $610,730.75 and said a negative change order during the project would result in a refund to Home Depot once final reconciliation is complete.

Why it matters: Accepting the roadway transfers responsibility for maintenance and begins the warranty period for contractor work. However, staff reported that escrow and title confirmations for funds held with First American Title (deposited by Home Depot) remain outstanding; those confirmations are required before the city can finalize fund releases or refunds related to the project.

What staff said: Staff confirmed the city’s contract with the site contractor (Scythe/Site Construction) is current and payments to the contractor have been made; the remaining administrative step is reconciling escrow deposits and Home Depot sign-off so the escrowed funds can be released. Mary Anne (finance staff) said she is actively reaching out to First American Title and Home Depot and plans phone follow-ups later this week.

Council action and next steps: Council accepted the roadway by voice vote and authorized staff to continue efforts to obtain title/escrow confirmations. Staff said the contractor was paid by the city and that there remains a final pay estimate (retainage) to be issued after acceptance; the city received a maintenance bond from the contractor that covers the warranty period.

Ending: Staff will continue to pursue Home Depot and First American Title for confirmation and will return to council with any required actions regarding final retainage or refunds.