By Mari Radtke
After years of battles the changes and repairs to Drainage District 5, now in southeast Osceola County and northeast O’Brien County is reaching its final stages. A required completion hearing was held at the O’Brien County Supervisors’ meeting on Tuesday July 13. The supervisors are the trustees for the Drainage District. Landowners affected by the project were welcome to attend and present any remaining concerns about their land related to this project.
A completion report of the project was presented by Collin Klingbeil, P.E. who served as the project engineer with Don Etler of Bolton & Menk, Spencer, Iowa. Also present was James Hudson who served as attorney for the project. The contract this time was King Excavation, LLC out of Cylinder, Iowa.
Klingbeil explained his methodology in arriving at a liquidated damage figure. Damages come from the number of days late from contracted completion date to actual completion date, additional engineering services due to the delay, additional interest accrued due to the delay and physical damages to property outside of the right of way. Liquidated damages were greater than the actual damages, but a claimant can only be paid actual damages. The current estimate for those actual damages is $33,217.83.
A handful of landowners were on-hand in an effort to get some additional work included that they say left their land damaged. According to both Klingbeil and Hudson, the trustees are required by law to give the contractor an opportunity to properly repair the damage they claim. All present prefer to have their own contractors complete the work. The effort is reach an agreement with the contractor to allow both damage claims for these issues and allow a different contractor to take care of the problem. That negotiation fell to Klingbeil. The contractors bond issuer may also play a role in finalizing these last few pieces.
The Trustees accepted the completion report but the project was not accepted as complete. The quarterly report to FEMA is due July 20. Another extension for 2018 claims may need to be requested. Property assessment will not take place until May 2022.