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Home My WebLink AboutItem 06.nDecember 13, 2010 DECEMBER 20, 2010 CITY COUNCIL AGENDA ITEM JAMESDALE ESTATES 1 ADDITION FINAL ACCEPTANCE OF PUBLIC STREETS Proposed Action Staff recommends adoption of the following motion: Move to approve the final acceptance of public streets within Jamesdale Estates 1 Addition. Overview Jacob H. Fick of Tradition Development Corp. submitted a letter, dated November 11, 2010, requesting acceptance of the public streets within Jamesdale Estates 1 Addition. The major contractors performing work on this project were: UTILITIES: Enebak Construction Company STREETS: McNamara Contracting, Inc. The curb and gutter along with the first lift of bituminous pavement were installed in 2007. The final wear course was completed in 2010. The street improvements for the above - referenced project have been inspected by WSB and the Public Works Department. The required one -year maintenance bond and final lien waivers have been received from Enebak Construction Company and McNamara Contracting, Inc. Engineering recommends approval of final acceptance of the public streets for this project. Primary Issues to Consider None. Supporting Information ® Letter from Jacob H. Fick, Tradition Development Corp. • Mainte ance Bond 1 / 4d Keith H. Nelson City Engineer Financial Impact: $ None Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: Item No. November 11, 2010 Zach Johnson City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Dear Mr. Johnson, Sincerely, acob H. Fick, P.E. Project Manager Tradition Development Corp. TRADITION Re: Jamesdal.e 1st Addition LOC and Street Acceptance yD {; V 010 D.1. of Edina currently has an active Letter of Credit with the City of Lakeville to account for the installation of public infrastructure for the Phase 1 ofjarnesdale Estates and associated improvements. These items have now all been completed. We'd also like to request that the City formally accept the streets therefore allowing the associated Letter of Credit be released. It is our understanding that a maintenance bond will not be required should these streets be accepted as they have been installed for over two years. If this is not the case please let me know and we will promptly address any concerns. I've attached the final pay estimates and corresponding Mechanics Lien Waivers from the appropriate contractors as required for acceptance and reduction. We would like to request that these items as noted above be addressed at the next City Council meeting. Please contact me if you have any questions during your review and I'll be glad to answer any questions you may have about my assumptions for the reductions. Thank you for your assistance in addressing these items. Please contact me with any questions or concerns as you review this information. A T R A D I T I O N C O M P A N Y deY /l Esc es•/ /7€ r - e ® yea ca 6800 France Avenue South, Suite 1.78, Edina, Minnesota 55435 + Phone: 952.920.5100 0 Fax: 952.920.8900 ® Toll Free: 888.920.0031 KNOW BY ALL THESE PRESENTS, that we, McNamara Contracting, Inc., 16700 Chippendale Avenue, Rosemount, MN 55068 (hereinafter called the "Principal "), as Principal, and Western. Surety Company a South Dakota Corporation of Sioux Falls, SD (hereinafter called the "Surety "), as Surety, are held and firmly bound unto the City of Lakeville, 20195 Holyoke Ave., Lakeville, MN 55044 (hereinafter called the "Obligee), as Obligee in the amount of Thirty seven thousand six hundred seventy five and 00 /100 ($ 37,675.00) 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, firmly by these presents. Sealed with our seals and dated this 9th day of December , 2010 . WHEREAS, the said Principal has heretofore entered into a contract with Enebak Construction Company for Jamesdale Phase 1- Streets 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 December 21, 2010 to December 21, 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 ( 1 ) year 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: MAINTENANCE BOND Bond No. 929514708M Western Surety Comp B y Brian J. Q'estreich, Attorney -in -Fact State of MINNESOTA ) ) ss. On this 9th day of December County of HENNEPIN ) before me appeared ittithel to me personally knpwn, who, being by me duly sworn, did say that he is the f�a'� of MCNAMARA CO RACTING, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of sai corporation by authority of its Board of Directors; and that said said instrument to be the free act and deed of said corporation. SANDRA M. DOZE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2 011 State of MINNESOTA ) ) ss. On this 9 day of December 2010 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 -in -Fact of WESTERN SURETY COMPANY 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. SANDRA M. DOZE NOTARY PUBLIC - MINNESOTA My Commission Expiros 3t, 2411 ACKNOWLEDGMENT OF CORPORATION Notary Public county, My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY Notary Public My commission expires 1IVL unty, 2010 a 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 haying its principal office in the City of Sioux Faris, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauter, 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 [awful Attorneys)-in -Fact with full power and authority hereby conferred to sign, teal 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 Attorney 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. En 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 on this 15th day of October, 2010. State of South Dakota County of Minnehaha My commission expires November 30, 2012 Fore F4280- 09 -t)6 1 SS }sssbsa..y5shsssssss SSSh,,,%. + s D. KRELL s r NOTARY PUBLIC �� a s s SEAL SOUTH DAKOTA SEA-- s *SSSSSyuahsh + CERTIFICATE WESTERN SURETY COMPANY Paul °. Bruflat, Senior Vice President On this 15th day of October, 2010, before me personally came Paul T. Bruflat, to ore 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 affixed 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 acknowled;?es same to be the act and deed of said corporation. D. Krell, No.ary Public 1, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinahove set forth is stilt in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 9TH day of DECEMBER 2010 WESTERN SURETY COMPANY QT. kda_„,,..../ L. Nelson, Assistant Secretary