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Home My WebLink About2011-117 Council Resolution• • Council Member Rafferty introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -117 APPROVING PAYMENT REQUEST NO. 2F (FINAL) AND COMPENSATING CHANGE ORDER NO. 1, 2011 SEALCOAT PROJECT WHEREAS, pursuant to the resolution of the Council adopted April 11, 2011, awarding the contract for the 2011 Sealcoat Project to Pearson Bros, Inc.; WHEREAS, a complete breakdown is detailed in Payment No. 2F (Final) and Compensating Change Order No. 1; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that Payment Request No. 2F (Final) and Compensating Change Order No. 1 is approved for a final contract amount of $93,926.85. Jeff Rei e , ayor Adopted by the City Council of Lino Lakes, Minnesota this 28th day of November, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council MemberGallup and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Gallup, Roeser, O;Donnell, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 6B STAFF ORIGINATOR: Jason C. Wedel, City Engineer MEETING DATE: November 28, 2011 TOPIC: Consider Resolution No. 11 -117 Approving Pay Request 2F (Final) and Compensating Change Order No. 1, 2011 Sealcoat Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND At the April 11, 2011 meeting, City Council awarded the 2011 Sealcoat Project contract to Pearson Bros., Inc. The contractor for the 2011 Sealcoat Project, Pearson Bros., Inc. is requesting City approval of Payment Request 2F (Final) in the amount of $4,696.34. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. Also included with the request for Final Payment is Compensating Change Order No. 1 in the deduct amount of $654.15. A copy of the Compensating Change Order is attached. With this change order, the final project amount is $93,926.85, which is below the contract amount of $94,581.00. Approval of the Final Payment will begin the two year warranty period. RECOMMENDATION Approve Resolution 11 -117, Approving Payment Request No. 2F (Final) and Compensating Change Order No. 1, 2011 Sealcoat Project. 0 The right time. The right people. The right company TKDA ENGINEERING • ARCHITECTURE • PLANNING • 110 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Proj. No. 14817.001 Cert. No. 2F St. Paul, MN, September 19 , 2011 To City of Lino Lakes, Minnesota This Certifies that Pearson Bros. Owner , Contractor For 2011 Sealcoat Is entitled to Four Thousand Six Hundred Ninety Six Dollars and 34/100 ($4,696.34) FINAL being 2nd estimate for paftial payment on contract with you dated April 11 , 2011 Received payment in full of above Certificate. 1\00. zCCUAi Pear on Bros. , 2011 TKDA e „2561:4-k-- s E. Studenski, P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 94,581.00 All previous payments $ 89,230.51 All previous credits Compensating Change Order No. 1 $ (654.15) 0 0 0 II It II Credit No. $ - II II ft I1 II II II II AMOUNT OF THIS CERTIFICATE $ 4,696.34 Totals $ 93,926.85 $ 93,926.85 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ - $ 93,926.85 $ 93,926.85 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • 1 • TKDA Engineers - Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2F Period Ending September 19 , 20 11 Page 1 of 1 Proj. No. 14817.001 Contractor Pearson Bros. Original Contract Amount $94,581.00 Project 2011 Sealcoat Location City of Lino Lakes, Minnesota Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ Total Amount Earned This Estimate Less Approved Credits Less 0 % Retained Less Previous Payments Total Deductions Amount Due This Estimate 0.00 89,230.51 $ 93,926.85 89,230.51 4,696.34 Contractor ( Date Pearson Bros. ?? Engineer 1' Date James E. Studenski, P.E. ESTIMATE NO. 2F PERIOD ENDING: September 19, 2011 2011 SEALCOAT PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14817.001 ITEM NO. DESCRIPTION 2011 SEALCOAT 1 BITUMINOUS SEALCOATING W/ 1/8" TRAP ROCK 2 CRACK SEALING - (MATERIAL SUPPLIED BY CITY ) CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE SY LBS 83,600 81,500 $ 1.08 $ 88,020.00 2,700 3,715 $ 1.59 $ 5,906.85 TOTAL ESTIMATE NO. 2F $ 93,926.85 • • CHANGE ORDER TKDA Engineers - Architects - Planners Compensating Saint Paul, MN September 19 20 11 Proj. No. 14817.001 Change Order No. 1 To Pearson Bros. for 2011 Sealcoat for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated April 11 , 20 11 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (inerease) (decrease) (not chango) the contract sum by Six Hundred Fifty Four Dollars and 15 /100 ($ 654.15 ). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = Amount of Original Contract Additions approved to date (Nos ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (No Change) Revised Contract Amount Approved City of Lino Lakes, Minnesota By J i4s er.► LA) & z2 Approved Pearson Bros. By $ (654.15) $ 94,581.00 $ - $ $ 94,581.00 $ (654.15) $ 93,926.85 TKDA By Ja es E. Studenski, P.E. White - Owner Pink - Contractor Blue - TKDA COMPENSATING CHANGE ORDER NO.1 2011 SEALCOAT PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14817.001 ITEM NO. DESCRIPTION 2011 SEALCOAT 1 BITUMINOUS SEALCOATING W/ 1/8" TRAP ROCK 2 CRACK SEALING - (MATERIAL SUPPLIED BY CITY ) TOTAL COMPENSATING CHANGE ORDER NO. 1 PERIOD ENDING: September 19, 2011 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE NET CHANGE • CONTRACT AMOUNT LS 83,600 81,500 $ 1.08 $ LS 2,700 3,715 $ 1.59 $ 88,020.00 $ 5,906.85 $ $ 93,926.85 $ (2,268.00) $ 1,613.85 $ 90,288.00 4,293.00 (654.15) $ 94,581.00 • HOME OFFICE 2100 FLEUR DRIVE DES MOINES, IOWA 50321-1158 (515) 243 -8171 FAX (515) 243 -3854 CONSENT OF SURETY TO FINAL PAYMENT MERCHANT'S BONDING COMPANY AUS11N OFFICE P. O. BOX 26720 AUSTIN, TEXAS 78755 (512) 343 -9033 FAX (512) 343 -8363 OWNER ARCHITECT CONTRACTOR SURETY OTHER Bond No. MNC 49356 TO OWNER: ARCHITECT'S PROJECT NO.: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 PROJECT: 2011 Sealcoat Project CONTRACT FOR: 2011 Sealcoat Project CONTRACT DATED: April 11, 2011 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 -1158 , SURETY, on bond of (Insert name and address of Contractor) Pearson Bros. Inc. 11079 Lamont Avenue NE Hanover, MN 55341 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: November 2, 2011 (Insert in writing the month followed by the numeric date and year.) Attest: (Seal): CON 0405 (1/09) Merchants Bonding Company (Mutual) (surety , OWNER, (Signature of authorized representative) Gail M Kummet (Printed name and title) Attorney -In -Fact • • • MERCHANT• BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Debra L. Koltes, Vicky M. Hesse, Carol A. Loberg, Gail M. Kummet, Steven R. Klaverkamp, Justin W. Pool of St. Cloud and State of Minnesota its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of March , 2010. STATE OF IOWA COUNTY OF POLK ss. • • 0. •009 •:°q• • I--.; ? -0- 0 3 • z: • a• 1933 •c y By • MERCHANTS BONDING COMPANY (MUTUAL) 7, /7, President On this 16th day of March , 2010 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. y CINDY SMYTH ;. Commission Number 173504 cw� My Commission Expires March 16, 2012 STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2nd day of December , 2010 , POA 0001 (1/09) 2.>, �/7: Secretary • • ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Steams On the 2nd } ss day of November , 2011 , before me, appeared Gail M. Kummet - Attorney In Fact to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney -in -fact of the surety company; that the seal affixed to the foregoing instrument is the corporate seal of the surety company, and that said instrument was signed and sealed in behalf of the surety company by the aforesaid officer, by authority of its board of directors: and the aforesaid officer acknowledged said instrument to be the free act and deed of the surety company. t) (Notarial Seal) MARY C. GENOSKY NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES 01/31/15 Notary Public Stearns County, MINNESOTA My commission expires 1 -31 -15 • • 09:09:39 a.m. 11 -04 -2011 1 /2 RECEIPT AND WAIVER OF MECHANICS LIEN RIGHTS DATE: 11/2/2011 The undersigned hereby acknowledges receipt of the sum of: CHECK ONLY ONE: I. As partial payment for labor, skill and materials furnished 2. As payment for all labor, skill and material furnished or to be furnished to (except the sum of $ retainage or holdback). 3._X As FULL & FINAL payment for all labor, skill and material furnished to Pearson Bros., Inc. pursuant to invoices #12617315-0 and #12615828 -0, totaling 73.38 tons of CRS -2, which as represented by Pearson Bros., Inc., was used for the following project: LINO LAKES And for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in fulL FOR: PEARSON BROS., INC. 11079 LAMONT AVE. N.E. HANOVER, MN 55341 -4063 SUPPLIER FLINT HILLS RESOURCES, LP. 2209 CHILDS ROAD SAINT PAUL, MN 55341 https://www.mndonstate.mn.us/wc/action/confirmationPrin MINNESOTA. REVENUE Contractor's Withholding Affidavit Confirmation PEARSON BROS INC ID 1232027 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number 416051 Wed Nov 02 10:52:27 CDT 2011 Project owner CITY OF LINO LAKES Project number 2447 Project begin date June 2011 Project end date July 2011 Project location VARIOUS CITY STREETS Subcontractors BARGEN INC 388841 41 • 1 of 1 11/2/2011 10:52 A • rage 1 or 1 MINNESOTA. REVENUE Contractor's Withholding Affidavit Confirmation BARGEN INC ID 3894913 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number 388841 Thu Jun 30 15:33:08 CDT 2011 Project owner CITY OF LINO LAKES Project number 21227 Project begin date June 2011 Project end date June 2011 Project location CITY OF LINO LAKES Subcontractors No subcontractors listed. https://www.mndor.state.mn.us/wc/action/confirmationPrint 6/30/2011