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Council considers $24,500 in liquidated damages on Walnut Street project while approving adjusted pay estimates
Summary
Staff told council that TK remobilized on Walnut Street but finished 49 calendar days past contract completion, generating $24,500 in liquidated damages at $500/day; council discussed holding the contractor to that amount while approving pay estimates to contractors (Norris Asphalt and TK Concrete) with adjustments and performance holdbacks.
Council reviewed pay estimates and contract compliance for the Walnut Street project after staff said the contractor remobilized and completed phase two but is 49 calendar days past the contract completion date.
Staff calculated liquidated damages of $24,500 (49 days × $500 per day) and recommended holding the contractor to the full amount. Council discussed tabling pay estimates, processing change orders, and netting any liquidated-damages deduction against final payments. The council approved final quantity pay estimates for Norris Asphalt (approximately $13,936.50) and TK Concrete with an adjusted net payment after the proposed liquidated-damages offset (transcript discussion produced a net figure of about $13,240.62 after subtracting the $24,500 holdback).
Council also noted past performance items such as final cleanup and reseeding obligations and a two-year performance fund to ensure remedial work. Staff said some items (grass reseeding) may require follow-up agreements with contractors to ensure completion.
Council members moved the motions and recorded affirmative votes from multiple members (Jennifer, Jake and others recorded as "yes"). The council discussed next steps to reconcile change orders and present a revised pay estimate reflecting the liquidated-damages decision.
