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Home My WebLink AboutItem 06.dJuly 28, 2010 - Item No. AUGUST 2, 2010 CITY COUNCIL AGENDA ITEM CHADWICK FARM FOURTH ADDITION FINAL ACCEPTANCE OF PUBLIC STREETS Proposed Action Staff recommends adoption of the following motion: Move to approve the final acceptance of public streets constructed within Chadwick Farm Fourth Addition. Overview D.R. Horton, Inc.- Minnesota submitted a letter, dated June 30, 2010, requesting acceptance of the public streets constructed within Chadwick Farm Fourth Addition. The general contractor performing work on this project was Enebak Construction Company. The subcontractor completing the street construction was McNamara Contracting, Inc. The curb and gutter along with the first lift of bituminous pavement were installed in 2008. The wear course was installed in 2010. The street improvement was inspected by WSB & Associates and the Public Works Department. The required one -year maintenance bond and final lien waiver has been received from McNamara Contracting, Inc. Engineering recommends approval of the final acceptance of the public street improvements constructed with this project. PrimaryIssues to Consider None. Supporting Information • Letter from Ron Mullenbach, D.R. Horton, Inc. - Minnesota, dated June 30, 2010 • Maintenance Bond 4 �e. Kei h H. Nelson City Engineer cc: Chris Petree, Operations & Maintenance Director Troy Grossman, Streets Superintendent Ron Mullenbach, D.R. Horton, Inc. - Minnesota Financial Impact: $ None Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: June 30, 2010 Zach Johnson Assistant City Engineer City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: Chadwick Farm Fourth Addition Dear Zach: ffiw) CITY OF LAKEVILLE E NG I NEER I NG Please accept this letter as a request for City acceptance of the public streets within Chadwick Farm Fourth Addition. Since escrows for finish grades are now being collected with building permits, it is also requested that the City release in its entirety the letter of credit for this subdivision (SLCMMSP05276), which has a current balance of $200,901.79. Enclosed is a copy of the final pay application for this subdivision. Please let us know dates and amount for the required maintenance bond and we will forward it to you along with copies of the final lien waiver and the lot iron certification. Should you have any questions, please feel free to contact me at 952 -985 -7827. Thank you. Sincerely, Ron Mullenbach Acquisitions & Development MAINTENANCE BOND Bond No. 929506664 KNOW BY ALL THESE PRESENTS, that we, McNamara Contractin Inc. 16700 Chippendale Avenue Rosemount MN 55068 (hereinafter called the "Principal "), as Principal, and _Western Surety Cornpany_,..._. w a South Dakota Corporation of Sioux Falls, SD (hereinafter called the "Surety ") as Surety, are held and firmly bound unto the City of Lakeville_ MN hereinafter called the "Obligee"), as Obli ee in the .,,, { g amount of Seventy thousand two hundred fifty and 001100 $ 74,255.00) payment of which are well and truly to be made, we, the said Principal, and the said Surety, bind. ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fir4nly by these presents. Sealed with our seals and dated this 19 day of J. uly , 2010 WHEREAS, the said Principal has heretofore entered into a contract with Enebak Construction for Chadwick Farm 4` Addition Streets On and, WHEREAS, the said Principal is required to guarantee to the City of Lakeville, MN said contract against possible future repairs or replacement costs because of defaults in materials or workmanship which may develop during the period of one { 1) years(s) from the date of acceptance of said work under said contract. This bond shall be effective from August 3, 2010 to Au ust 3 2011 NOW, THEREFORE, if the Principal shall repair any defects in said work occasioned by and resulting from defects in materials furnished by, or workmanship of, the Principal in the performing of the work covered by said contract, occurring within a period of one ( l ) years after date of acceptance of said work by the Obligee, then this obligation shall be null and void, otherwise to remain in full force and effect. Witnesses: McNamara Contractin I B / Western Surety Coin an B Brian J . est is , Attorney -in -Fact -- ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. On this 19 day, of Jul 20 County of HENNEPIN ) before me appeared Advl J to me personall.- known, who, being by me duly sworn, did say that he is the of NCb VARA CO TRACTING, INC. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (Sf no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that sai acknowledged said instrument to be the free act and ee „.of,.,.. said corporation. SANDRA M. DOZE NOTARY PUBLIC •M €NNESOTA Notary Public Co unty, 4 My Commission Expires Jan. 31,2011 My commi expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 19 day of July 20 County of HENNEPIN ) before me appeared Brian J. Oestreich to me personally known, who, being by me duly sworn, did say that he is the Attorney of WESTERN SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. Notary Public � ounty, My commission expires SANDRA M. DOZE x NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2011 it � Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does l by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P 1VMartinsen, R Scott Eggintoin, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Nelson, Rachel 'Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed onthis 7th day of May, 2010. WESTERN SURETY COMPANY s'�E r �Pa aeoR' 0 ' ► st AV''17 �pN �° Paul . Bruflat, Senior Vice President State of South Dakota ss County ofMinnehaha On this 7th day of May, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal axed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires {bb bb444bb4444444444ti4444 t s D. KRELL November 30, 2012 $ NOTARY PUBLIC + S SEAL SOUTH DAKOTA S EAL 1 +44444b444444M44b•444444Y CERTIFICATE Xat-4 k4-,ejj D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 9 m day of _JULY 2 WESTERN SURETY COMPANY Nc rWi. ; xii L. Nelson, Assistant Secretary Form F4280 -09 -06