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HomeMy WebLinkAboutItem 06.qDecember 13, 2010 `j DECEMBER 20, 2010 CITY COUNCIL AGENDA ITEM SPIRIT OF BRANDTJEN FARM 3 4 & 5 ADDITIONS FINAL ACCEPTANCE OF PUBLIC UTILITIES AND STREET IMPROVEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve the final acceptance of public utility and street improvements within Spirit of Brandtjen Farm 3rd, 4th & 5 Overview Jacob H. Fick of Tradition Development submitted a letter, dated November 11, 2010, requesting acceptance of the public utility and street improvements within Spirit of Brandtjen Farm 3` 4 and 5th Additions. The major contractor performing work on this project were: UTILITIES: Enebak Construction Company STREETS: McNamara Contracting, Inc. The utilities were constructed in 2009, and the curb and gutter along with the first and final lift of bituminous pavement were installed in 2010. The utility improvements for the above- referenced project have been tested and 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 utility and street improvements for this project. Primary Issues to Consider None. Supporting Information • Letter from Jacob H. Fick, Tradition Development • Maintenance Bonds ry/ //6{F/4- Keith 'H. Nelson City Engineer 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, ,f/g acob H. Fick, P.L. Project Manager Tradition Development TRADITION Re: SBF 3'cl Addition LOC and Street /Utility Acceptance :71/0eV 5:1 SBF Development Corp currently has an active Letter of Credit with the City of Lakeville to account for the installation of public infrastructure for Spirit of Brandtjen Farm 3 Addition and associated improvements. All. of the items have now all been completed. We'd also like to request that the City formally accept the Streets, Sanitary Sewer, Waterrnain, and Storm Sewer utilities allowing the associated Letter of Credit to be released 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 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 TRADITION COMPANY dEYe� -sste �s2 ' i rte / y C-6 9 ® 4, 6800 France Avenue South, Suite 178, Edina, Minnesota 55435 o Phone: 952.920.5100 d Fax: 952.920.8900 ® Toll Free: 888.920.0031 November 11, 2010 Zach Johnson City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Re: SBF 4 Addition LOC and Street /Utility Acceptance Dear Mr. Johnson, SBF Development Corp currently has an active Letter of Credit with the City of Lakeville to account for the installation of public infrastructure for Spirit of Brandtjen Farm 4 Addition and associated improvements. All of the items have now all been completed. We'd also like to request that the City formally accept the Streets, Sanitary Sewer, Waterinain, and Storm Sewer utilities allowing the associated Letter of Credit to be released 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 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 nee 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. Sincerely, pIgni Jacob H. Fick, P.E. Project Manager Tradition Development TRADITION A TRADITION COMPANY RECEIVED NOY °52,010 01Y . LAKEVILLE • hNGI . NEER.NG DEPT, / G 6800 France Avenue South, Suite 178, Edina, Minnesota 55435 • Phone: 952.920.5100 • Fax: 952.920.8900 • Toll Free: 888.920.0031 November 11, 2010 Zach. Johnson City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Re: SBF 5 Addition LOC and Street /Utility Acceptance Dear Mr. Johnson, SBF Development Corp currently has an active Letter of Credit with the City of Lakeville to account for the installation of public infrastructure for Spirit of Brandtjen Farm 5t Addition and associated improvements. All of the items have now all been completed. We'd also like to request that the City formally accept the Utilities allowing the associated Letter of Credit to be released 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 requireinent. Please review this calculation and if in agreement we'll order the bond right away. 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 infonnation. Sincerely, Jacob H. Fick., P.E. Project Manager. Tradition Development A TRADITION COMPANY 6800 France Avenue South, Suite 178, Edina, Minnesota 55435 ® Phone: 952.920.5100 0 Fax: 952.920.8900 ® Toll Free: 888.920.0031 TRADITION RECIFj NOV MAINTENANCE BOND Bond No.: 105517105 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 SIXTY -SIX THOUSAND, FIVE HUNDRED TWENTY AND NO /100 U.S. Dollars ($66,520.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract wit-li-the-GNigee.dated July 8 2009 €ef. with SBF Development Corporation for Utilities, Spirit of Brandtjen Farms 3r`l, 4th and 5th Additions, 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 one (1) 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) Cfkkt By: James H. Dockstader, Vice President of Operations Travelers Casualty and Surety Company of America Linda K. Fren•h, Attorney -in -Fact TRAVE ERS ] Attorney -In Fact No. KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine insurance Company, St. Pant Guardian Insurance 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 Maryland, 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 Minnesota . their true and lawful At!:orney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory m the nature thereof ou behalf of the Companies in threir_busuness of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permipied m any actions or-;proceedings allowed by law. IN WITNESS WHEREOF, the Companies have cause day of February 2009 State of Connecticut City of Hartford ss. 220902 58440 -4 -09 Printed in U.S.A. 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 Farmington Casualty Coaripiny Fidelity and Guaranty iranc Company Fidelity and Guaranty Insuradce`Underwr''iters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. WARNING: THIS POWER OF ATTORNEY 1S INVALID WITHOUT THE RED BORDER WARNING: THIS is instrUnsent to be signed. trad Ihpi? c orp5orate seals to be hereto affixed, this POWER OF ATTORNEY DPW .. . � r57;;; ., 4` l tpRPORa;gr., , �J4 qP ➢RFTf'yC`° SEft( ,c?) 5E34.1,4' ± " �H t s .........e. By: OWER OF ATTORNEY IS INVALID WITHOUT THE RED 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. 0 0 3 8 013 6 2 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 0 DER 25th Georg Thompson 'enior L ice President On this the 25th day of Fe bruary 2009 , before me personally appeared George W. 'Thompson, who acknowledged himself to he 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. Marie C. Tetrearlt, Notary Public Bond No. 929518701 MAINTENANCE BOND 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 eight thousand seven hundred fifty and 00 /100 ($ 38,750.00) 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, finnly by these presents. and, Witnesses: 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 Brandtien Farms 3" Addition, Brandtien Farms 4 Addition, Brandtien Farms 5 Addition 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. 2 ,(A4,(A _dAidd McNamar <. Contra Inc. Western Surety Company By: Brian .1. 0 streich, Attorney -in -Fact State of MINNESOTA ) ) ss. On this 9 day of December 2010 County of HENNEPIN ) before me appeared Midi el J to me personally known, who, being by me duly sworn, did say that he is the c . r of MCNAMARA C 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 said corporation by authority of its Board of Directors; and that said said instrument to be the free act and n eed of said corporation. SANDRA M. DOZE NOTARY PUBIC- MINNESOTA My Commission Expires Jan- 31, 2011 W of WESTERN SURETY COMPANY 1 SANDRA M. DOZE NOTARY PUBL1C•MNNESOTA My Commission Expires Jan. 31, 2011 ACKNOWLEDGMENT OF CORPORATION Notary Public M commission expires ACKNOWLEDGMENT OF CORPORATE SURETY tor State of MINNESOTA ) ) ss. On this 9t 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 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. 2/(414/(A, 04( Notary Public Co My commission expires Y, 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 by virtue of the signature and seal herein affixed hereby ma.ke, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, 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 Attorney(s) -in -Fact with Full power and authority hereby conferred to sign, seal and execute for and ota its behaif bonds, undertakings and other obligatory instruments of similar nature and to bind it €hereby as fully and to the sane 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, 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 on this 15th day of October, 2010. State of South Dakota County of Minnehaha On this 15th day of October, 2010, before me personally crane Paul T. Bruflat, to the 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 WF,STERN 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 t.o like authority, and acknowledges same to he the act and deed of said corporation. My commission expires November 30, 2012 Form F4280 -09 -06 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-EN-FACT tiS +,,,,, ",,yyss44s + • 0. }CRELL $ ✓ � • NOTARY PUBLIC s ✓ SOUTH DAKOTA s + ''.', + I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still 0 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 9TH day of DECEMBER 2010 In Unlimited Amounts - SSSEAL CERTIFICATE WESTERN SURETY COMPANY Paul ' . Bruflat, Senior Vice President D. Krell, NoTiiry Public WESTERN SURETY COMPANY L. Nelson, Assistant Secretary