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HomeMy WebLinkAboutItem 06.oDecember 13, 2010 Proposed Action Staff recommends adoption of the following motion: Move to approve the final acceptance of public utilities only within Jamesdale Estates 2 Addition, Overview Jacob H. Fick of Tradition Development submitted a letter, dated November 11, 2010, requesting acceptance of the public utility improvements within Jamesdale Estates 2nd Addition. The major contractor performing work on this project is Enebak Construction Company, The utilities were constructed in 2010 and approved in 2010. The utility improvements for the above - referenced project have been tested and inspected by WSB and the Public Works Department. The required two -year maintenance bond and final lien waivers have been received from Enebak Construction Company. Engineering recommends approval of final acceptance of the public utilities only for this project. Primary Issues to Consider None. Supporting Information • Letter from Jacob H. Fick, Tradition Development • Maintenan e Bond / Keith H. Nelson City Engineer DECEMBER 20, 2010 CITY COUNCIL AGENDA ITEM JAMESDALE ESTATES 2 ADDITION FINAL ACCEPTANCE OF PUBLIC UTILITIES ONLY Item No. Financial Impact: $ None Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: 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 TRADITION C areZ77 �` Re: Jamesdale 2 114 Addition 1..00 reduction and Utilities Acceptance Thank you for your assistance in addressing these items. Please contact tale with any questions or concerns as you review this information. fit} 15 ZU 1 CITY Or ; K.EV1Lt.E. D.I. of Edina currently has an active Letter of Credit with the City of Lakeville to account for the installation of public infrastructure for the 2 Addition of Jamesdale Estates and associated improvements. All of the items have now all been completed except for the final lift of asphalt. We'd also like to request that the City formally accept the Sanitary Sewer, Watermain, and Storm Sewer utilities allowing the associated Letter of Credit to be reduced and the warranty period begin. It is our understanding that a maintenance bond will be required and I have included on the bottom of the LOC summary page a calculation for the Bond requirement. Please review this calculation and if in agreement we'll order the bond right away. I've attached the latest 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 1'11 be glad to answer any questions you may have about my assumptions for the reductions. A TRADITION COMPANY 6800 France Avenue South, Suite 178, Edina, Minnesota 55435 0 Phone: 952.920.5100 0 Fax: 952.920.8900 0 Toll Free: 888.920.0031 MAINTENANCE BOND Bond No: 105517104 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS: That we Enebak Construction Company, P.O. Box 458, 32825 Northfield Blvd., Northfield, Minnesota 55057, as Principal, and Travelers Casualty and Surety Company of America, a corporation organized and existing under the Laws of the State of Connecticut, as Surety, are held and firmly bound unto City of Lakeville, MN, as Obligee, in the total sum of SEVENTY THOUSAND, EIGHT HUNDRED TWENTY AND N0 /100 U.S. Dollars ($70,820.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract with the Obligcc dated July 19, 2010 ferr with D.I. of Edina for Utilities Jamesdale Estates 2nd Addition, Lakeville, MN ( "Work "). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of two (2) year(s) commencing on December 21, 2010 (the "Maintenance Period "), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. SIGNED this 8 day of December, 2010. Enebak Construction Company (Principal) James H. Dockstader, Vice President of Operations By: Travelers Casualty and Surety Company of America Linda K. Fre ch, Attorney -in -Fact State of MINNESOTA County of HENNEPIN On this to me personally known, who, being by me duly sworn, did say that (s) he is /are the Vice President of Operations of ENEBAK CONSTRUCTION COMPANY , a corporation, that the seal affixed to the forgoing 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 said corporation by authority of its Board of Directors; and that said James H. Dockstader acknowledged said instrument to be the free act and deed of said corporation. u RACHEL THOMAS ' NOTARY PUBLIC-MINNESOTA ` J My C00im'.5S Of Expires .;an. 31, 201 State of MINNESOTA County of HENNEPIN SS. ss. ACKNOWLEDGMENT OF CORPORATION } ACKNOWLEDGMENT OF CORPORATE SURETY } RACF THOMAS NOTARY PUBL C.M NNER0 iA My Commission Expires S211. 31, 2015 day of December , 2010 before me appeared James H. Dockstader Notary Public Ramsey County, MN My commission expires 01/31/15 5 day of December 2010, before me appeared Linda K. French to me personally known, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 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 __ Linda K. French acknowledged said instrument to be the free act and deed of said corporation. Notary Public , - • County, MN My commission expires 01/31 /15 TRAVELERS j Attorney -In Fact No. State of Connecticut City of Hartford ss. 58440 -4 -09 Printed in U.S.A. 220902 In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of Tune, 2011. WARNING: THIS POWER OF ATTORNEY 1S INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company KNOW ALL MEN BY THESE PRESENTS: That St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insuran Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Nlatyland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinsen, Linda K. French, R. Scott Egginton, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Nelson, Joshua R. Loftis, and Brian J. Oestreich of the City of Minneapolis , State of ►/ their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all ponds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required of pennttted in any actions or- allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrurtrettl tt'be sit nc and tluei' corporate seals to be hereto affixed, this 25th day of February 20(}9 Farmington Casualty Coitiphniy Fidelity and Guaranty Iisetrance Company„ Fidelity and Guaranty Insuiance'Underwilters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company On this the 2511 day of February 2009 , before me ersonal] appeared George W. Thompson, who acknowledged p' Y ' Pp George P' i? himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he as such, being authorized so to do, executed the foregoing instrument for, the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. WARNING: THIS POWER OF ATTORNEY 15 By: nY NVALID WIT St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 003801363 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company 'travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company OUT TH Georg Thompson, 'e for ice- President D BORDER C . m Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Pe; wet of A.t~.orney is granted under and by the authority of the following resolutions adopted by the Board.s of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in. the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -iri -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Cornpany, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United_ States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 8th, day of December WA o4P RAf0'%, '∎ :SEA ti3s ori, M. Johans KING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Assistant Secretary .20 10 _ To verify the authenticity of this Power of Attorney, call 1 -S00- 421 -3880 or contact us at www.travelersbond,eom. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached.