HomeMy WebLinkAbout#18 - Torre Pines Street & Utilities Pay Request 9 STAFF REPORT
DATE: November 6, 2024
CONSENT
AGENDA ITEM: Approve Pay Request No. 8 (Final) for the Torre Pines Street and Utility
Improvements
SUBMITTED BY: Chad Isakson, Project Engineer
REVIEWED BY: Nicole Miller, City Administrator
Sarah Sonsalla, City Attorney Clarissa Hadler, Finance Director Marty Powers, Public Works Director
Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 8 (Final) for the Torre
Pines Street and Utility Improvements?
BACKGROUND: Jacon, LLC was awarded a construction contract on January 4, 2022 to complete the
Torre Pines Street and Utility Improvements. The contractor has completed the work in accordance with
the contract, plans, and specifications, including all punch list items. The warranty period has expired and
final payment effectively closes out the project.
PROPOSAL DETAILS/ANALYSIS: Jacon, LLC has submitted Partial Pay Request No. 8 (Final) in the
amount of $31,138.19. Final documentation has not been provided by the contractor, which includes the
consent of surety, contractor lien waivers, and IC-134s. These documents are required by the contract to
release final funds. The city has received communications from the surety company demanding project
funds to be held or, if released, paid to the surety. The city has also received communications from
subcontractors informing the city that they have not been paid by the general contractor for their work on
the project.
The city has been seeking resolution on the matter from the general contractor but has received limited
communication in return. On October 2, 2024 the city attorney sent communications to the surety company
to verify they will accept funds in exchange for a release from all outstanding payment claims. A formal
response has not yet been received. In order for the city to seek reimbursement for all Project expenditures,
it is critical that final payments be processed prior to the MPCA Grant Agreement expiration on December
31, 2024. Therefore, staff is recommendation that the city council approve the final payment subject to
making the payment to contractor’s surety, provided that the surety accepts payment and releases the city
from all outstanding claims or future payment obligations related to the Project.
FISCAL IMPACT: None. Final payment is being recommended within the authorized project scope and
budget. The final total project cost is projected to be $1,794,700 of which $875,000 is related to street
improvements, $622,800 is public watermain improvements and $296,900 is private water connection and
well sealing costs. The project is being paid through the MPCA Grant (3M Settlement funds) and the total
project costs have come in below the authorized grant amount of $2,243,000.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, Pay Request No. 8 (Final) for the Torre Pines Street and Utility Improvements subject to making
the payment to contractor’s surety, provided the surety accepts payment and releases the city from all
outstanding claims or future payment obligations related to the Project. If removed from the consent
agenda, the recommended motion for the action is as follows:
“Move to approve Pay Request No. 8 (Final) in the amount of $31,138.19 for the Torre Pines Street
and Utility Improvements subject to making the payment to contractor’s surety, provided the surety
accepts payment and releases the city from all outstanding claims or future payment obligations
related to the Project”.
ATTACHMENTS:
1. Partial Pay Estimate No. 8 (Final).
2. Certification of Completion.
3. Surety Correspondence.
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO.
PERIOD OF ESTIMATE
TO
PROJECT OWNER:CONTRACTOR:
1. Original Contract Amount
2. Net Change Order Sum
3. Revised Contract (1+2)
4. *Work Completed
5. *Stored Materials
6. Subtotal (4+5)
7. Retainage*
8. Previous Payments
9. Amount Due (6-7-8)
*Detailed Breakdown Attached
START DATE:ON SCHEDULE
SUBSTANTIAL COMPLETION:X
FINAL COMPLETION:
ENGINEER'S CERTIFICATION:FOCUS Engineering, inc.
DATE
CONTRACTOR'S CERTIFICATION:CONTRACTOR
DATE
APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA
DATE DATE
No.Approval
Date
Amount $1,344,107.16
Additions Deductions -$98,579.50
CO-2 12/20/2022 $0.00 $0.00 $1,245,527.66
CO-1 7/19/2022 $9,927.00 $0.00 $1,245,527.66
$1,245,527.66
CCO-3 4/1/2024 $108,506.50 $0.00
$1,214,389.47
$0.000.0%
CONTRACT TIME
TOTALS $9,927.00 $108,506.50 $31,138.19
NET CHANGE ($98,579.50)
CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY
8 (FINAL)
4/1/20248/1/2023FROM
TORRE PINES STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 2020.122
CITY OF LAKE ELMO
3880 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
ATTN: JACK GRIFFIN, CITY ENGINEER
JACON, LLC
3900 Labore Road
Vadnais Heights, MN 55110
ATTN: Dwight Johnson
6/1/2022
10/14/2022
REVISED DAYS
REMAINING
135
Per CO-29/2/2022
ORIGINAL DAYS
BY
BY
YES
NO
The undersigned Contractor certifies that to the best of their
knowledge, information and belief the work covered by this payment
estimate has been completed in accordance with the contract
documents, that all amounts have been paid by the contractor for
work for which previous payment estimates was issued and payments
received from the owner, and that current payment shown herein is
now due.
The undersigned certifies that the work has been reviewed and to the
best of their knowledge and belief, the quantities shown in this
estimate are correct and the work has been performed in accordance
with the contract documents.
ENGINEER
4/1/2024
BY
FOCUS Engineering, inc.PROJECT PAYMENT FORM
10/10/2024
PARTIAL PAY ESTIMATE NO. 8 (FINAL)
TORRE PINES STREET AND UTILITY IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2020.122
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 EA 20
$250.00 $5,000.00 0.00 $0.00 20.00 $5,000.00
2 LF 1,785
$3.00 $5,355.00 0.00 $0.00 93.00 $279.00
3 LF 80
$3.00 $240.00 0.00 $0.00 80.00 $240.00
4 EA 23
$200.00 $4,600.00 0.00 $0.00 22.00 $4,400.00
5 EA 34
$253.68 $8,625.12 0.00 $0.00 28.00 $7,103.04
6 EA 34
$253.68 $8,625.12 0.00 $0.00 1.00 $253.68
7 SY 600
$19.17 $11,502.00 0.00 $0.00 507.00 $9,719.19
8 EA 4
$500.00 $2,000.00 0.00 $0.00 4.00 $2,000.00
9 LF 40
$120.00 $4,800.00 0.00 $0.00 40.00 $4,800.00
10 EA 1
$577.31 $577.31 0.00 $0.00 1.00 $577.31
11 EA 9
$6,129.00 $55,161.00 0.00 $0.00 9.00 $55,161.00
12 LF 5
$1,528.00 $7,640.00 0.00 $0.00 0.00 $0.00
13 SF 90
$23.00 $2,070.00 0.00 $0.00 90.00 $2,070.00
14 EA 9
$2,128.00 $19,152.00 0.00 $0.00 9.00 $19,152.00
15 EA 7
$2,785.00 $19,495.00 0.00 $0.00 7.00 $19,495.00
16 LF 16
$92.00 $1,472.00 0.00 $0.00 5.00 $460.00
17 EA 23
$674.00 $15,502.00 0.00 $0.00 23.00 $15,502.00
18 EA 1
$633.00 $633.00 0.00 $0.00 1.00 $633.00
19 EA 23
$682.00 $15,686.00 0.00 $0.00 23.00 $15,686.00
20 EA 1
$868.00 $868.00 0.00 $0.00 1.00 $868.00
21 LF 850
$26.04 $22,134.00 0.00 $0.00 839.00 $21,847.56
22 LF 11
$126.70 $1,393.70 0.00 $0.00 16.00 $2,027.20
23 LF 12
$134.00 $1,608.00 0.00 $0.00 14.00 $1,876.00
24 LF 150
$65.00 $9,750.00 0.00 $0.00 122.00 $7,930.00
25 LF 4,400
$63.75 $280,500.00 0.00 $0.00 4,158.00 $265,072.50
26 LB 2,100
$4.28 $8,988.00 0.00 $0.00 1,796.00 $7,686.88
27 EA 34
$1,417.00 $48,178.00 0.00 $0.00 26.00 $36,842.00
28 SF 100
$9.98 $998.00 0.00 $0.00 128.00 $1,277.44
29 LF 35
$44.36 $1,552.60 0.00 $0.00 11.00 $487.96
30 EA 1
$1,725.00 $1,725.00 0.00 $0.00 1.00 $1,725.00
31 EA 3
$1,600.00 $4,800.00 0.00 $0.00 3.00 $4,800.00
32 LF 24
$195.00 $4,680.00 0.00 $0.00 8.00 $1,560.00
33 LF 7
$250.00 $1,750.00 0.00 $0.00 3.00 $750.00
34 EA 1
$750.00 $750.00 0.00 $0.00 1.00 $750.00
35 LS 1
$4,200.00 $4,200.00 0.00 $0.00 1.00 $4,200.00
36 EA 1
$11,500.00 $11,500.00 0.00 $0.00 1.00 $11,500.00
37 EA 18
$683.31 $12,299.58 0.00 $0.00 18.00 $12,299.58
38 EA 5
$575.00 $2,875.00 0.00 $0.00 5.00 $2,875.00
39 EA 7
$657.14 $4,599.98 0.00 $0.00 7.00 $4,599.98
40 LF 500
$17.48 $8,740.00 0.00 $0.00 500.00 $8,740.00
41 CY 40
$150.00 $6,000.00 0.00 $0.00 40.00 $6,000.00
42 SY 13,200
$10.16 $134,112.00 0.00 $0.00 13,200.00 $134,112.00
43 CY 2,200
$22.41 $49,302.00 0.00 $0.00 2,200.00 $49,302.00
44 CY 800
$11.00 $8,800.00 0.00 $0.00 185.00 $2,035.00
45 CY 800
$23.00 $18,400.00 0.00 $0.00 185.00 $4,255.00
46 CY 2,550
$20.00 $51,000.00 0.00 $0.00 2,300.00 $46,000.00
47 TN 1,310
$96.85 $126,873.50 0.00 $0.00 1,237.71 $119,872.21
48 TN 1,750
$101.74 $178,045.00 0.00 $0.00 1,432.88 $145,781.21
49 GAL 970
$2.00 $1,940.00 0.00 $0.00 725.00 $1,450.00
50 EA 3
$690.00 $2,070.00 0.00 $0.00 3.00 $2,070.00
51 EA 7
$51.75 $362.25 0.00 $0.00 7.00 $362.25
52 EA 1
$189.75 $189.75 0.00 $0.00 1.00 $189.75
53 SF 56
$69.00 $3,864.00 0.00 $0.00 56.00 $3,864.00
54 EA 2
$201.25 $402.50 0.00 $0.00 2.00 $402.50
55 EA 1
$402.50 $402.50 0.00 $0.00 1.00 $402.50
56 EA 1
$322.00 $322.00 0.00 $0.00 1.00 $322.00
57 SY 810
$2.85 $2,308.50 0.00 $0.00 496.00 $1,413.60
58 HR 20
$150.00 $3,000.00 0.00 $0.00 17.00 $2,550.00
$1,209,419.41 $0.00 $1,082,630.34
SIGN PANELS TYPE C
STREET NAME BLADE SIGN (2 BLADES)
STREET NAME BLADE SIGN (2 BLADES), INCLUDING POST
STREET NAME BLADE SIGN (3 BLADES)
SEED MIXTURE 35-241 & EROSION CONTROL BLANKET
STREET SWEEPER WITH PICK UP BROOM
SUBTOTAL BASE BID
TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,C)
BITUMINOUS MATERIAL FOR TACK COAT
CONCRETE APPROACH NOSE
REMOVE SIGNS & POST
SALVAGE AND REINSTALL SIGN PANEL
COMMON EXCAVATION (EV) (P)
SUBGRADE EXCAVATION
GRANULAR BORROW (CV)
AGGREGATE BASE, CLASS 6 (CV)
TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C)
PATCH DOGHOUSES
PATCH INVERT
JET AND CLEAN STORM PIPE
RANDOM RIPRAP CL III WITH FABRIC
REMOVE AND DISPOSE OF BITUMINOUS PAVEMENT
15" RCP STORM SEWER, CL 5
SALVAGE & REINSTALL 12" RCP FLARED END SECTION
SALVAGE & REINSTALL 18" RCP STORM SEWER
6' DIA CBMH WITH CASTING PER DETAIL 406
SALVAGE AND REINSTALL CASTING WITH NEW RINGS
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
BASE BID
INLET PROTECTION
16" X 8" WET TAP, INCL 8" GATE VALVE & BOX
HYDRANT
HYDRANT EXTENSION
SILT FENCE, MACHINE SLICED
SEDIMENT CONTROL LOG, TYPE WOOD FIBER
TEMPORARY MAILBOX
CLEARING
GRUBBING
CLEAR BRUSH
DITCH GRADING (AT FLARED END)
DITCH GRADING
CONCRETE HYDRANT SPLASH PAD
6" GATE VALVE AND BOX
8" GATE VALVE AND BOX
VALVE BOX EXTENSION
1.5" CORPORATION STOP W/ SADDLE
2" CORPORATION STOP
1.5" CURB STOP & BOX
2" CURB STOP & BOX
1.5" TYPE "K" COPPER WATER SERVICE
2" TYPE "K" COPPER WATER SERVICE
4" DIP, CL. 52 WATERMAIN, INCL POLY WRAP
6" DIP, CL. 52 WATERMAIN, INCL POLY WRAP
10" HDPE WATERMAIN, DIRECTIONAL DRILL
DUCTILE IRON FITTINGS
10" HDPE TO 8" DIP TRANSITION FITTINGS
4" INSULATION
REMOVE AND DISPOSE OF EXISTING STORM SEWER PIPE
REMOVE AND DISPOSE OF EXISTING STORM SEWER STRUCTURE
CONNECT TO EXISTING STORM SEWER PIPE
12" RCP STORM SEWER, CL 5
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
74 LS 1
$9,000.00 $9,000.00 0.00 $0.00 1.00 $9,000.00
75 LS 1
$5,117.50 $5,117.50 0.00 $0.00 1.00 $5,117.50
76 LF 225
$5.00 $1,125.00 0.00 $0.00 172.00 $860.00
77 LF 50
$8.00 $400.00 0.00 $0.00 50.00 $400.00
78 SY 80
$10.35 $828.00 0.00 $0.00 90.00 $931.50
79 SY 35
$32.00 $1,120.00 0.00 $0.00 0.00 $0.00
80 LF 2,000
$6.18 $12,360.00 0.00 $0.00 2,099.00 $12,971.82
81 SY 80
$75.90 $6,072.00 0.00 $0.00 90.00 $6,831.00
82 SY 35
$113.85 $3,984.75 0.00 $0.00 0.00 $0.00
83 LF 2,000
$32.49 $64,980.00 0.00 $0.00 2,111.00 $68,586.39
84 CY 300
$30.00 $9,000.00 0.00 $0.00 393.00 $11,790.00
85 SY 150
$7.67 $1,150.50 0.00 $0.00 1,233.00 $9,457.11
86 SY 1,700
$11.50 $19,550.00 0.00 $0.00 2,350.00 $27,025.00
$134,687.75 $0.00 $152,970.32
TOTALS - BASE CONTRACT $1,344,107.16 $0.00 $1,235,600.66
CO1-1 LS 1
$9,927.00 $9,927.00 0.00 $0.00 1.00 $9,927.00
$9,927.00 $0.00 $9,927.00
CO 3-1 LS 1
-$108,506.50 -$108,506.50 0.00 $0.00 0.00 $0.00
-$108,506.50 $0.00 $0.00
TOTALS - REVISED CONTRACT $1,245,527.66 $0.00 $1,245,527.66
SUBTOTAL BID ALTERNATE 2
BID ALTERNATE 2 - SPOT CURB REPLACEMENT
MOBILIZATION
TRAFFIC CONTROL
SAWCUT BITUMINOUS PAVEMENT
SAWCUT CONCRETE PAVEMENT
REMOVE AND DISPOSE OF BITUMINOUS PAVEMENT (DRIVEWAY)
REMOVE AND DISPOSE OF CONCRETE PAVEMENT (DRIVEWAY)
REMOVE AND DISPOSE OF CONCRETE CURB & GUTTER - SPOT REPAIR
BITUMINOUS DRIVEWAY PAVEMENT
6" CONCRETE DRIVEWAY PAVEMENT
B618 CONCRETE CURB & GUTTER - SPOT REPAIR
SODDING, TYPE LAWN
TOPSOIL BORROW (LV)
SEED MIXTURE 25-131 & HYDRAULIC MULCH
SUBTOTAL - CHANGE ORDER NO. 1
ADD TRACER WIRE FOR ALL PROJECT SERVICES AND HYDRANTS
SUBTOTAL - COMPENSATING CHANGE ORDER NO. 3
COMPENSATING CHANGE ORDER NO. 3
COMPENSATING CHANGE ORDER
CHANGE ORDER NO. 1
CITY OF LAKE ELMO, MN TORRE PINES STREET,
AND UTILITY
IMPROVEMENTS
PROJECT NO. 2020.122
CERTIFICATE OF COMPLETION
DATE OF ISSUANCE: October 29, 2024
OWNER: CITY OF LAKE ELMO, MN
CONTRACTOR: JACON LLC
PROJECT NAME: TORRE PINES STREET AND UTILITY IMPROVEMENTS
PROJECT NO.: 2020.122
This Certification of Completion applies to all work under the Contract Documents
This Certification of Completion applies to the following specified parts of the Contract Documents
I do hereby certify that the work to which this Certificate applies has been constructed in accordance
with the Contract dated January 6, 2022. The above-mentioned improvement is hereby declared to
be complete and acceptance of this work is recommended.
DATE OF COMPLETION: September 29, 2023
Chad Isakson Reg. No. 49028
FOCUS Engineering, inc.
THE WARRANTY PERIOD BEGINS September 29, 2023 AND ENDS September 29, 2024
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
MICHELLE E. WEINBERG
Attorney at Law
Direct Dial: (612) 337-9227
Email: mweinberg@kennedy-graven.com
October 2, 2024
VIA FEDEX OVERNIGHT DELIVERY
Tim Taylor
Granite Re, Inc.
14001 Quailbrook Drive
Oklahoma City, Oklahoma 73134
RE: Demand to Freeze Contract Funds for Torre Pines Street and Utility
Improvements Project and Whistling Valley Street Project (Project No.
2020.123)
PRINCIPAL: Jacon LLC
BOND NO. GRMN45745A
Dear Mr. Taylor:
We represent the City of Lake Elmo (“City”), the obligee under the above-reference bond, which
was provided by Jacon, LLC (“Contractor”) in connection with the City’s Torre Pines and
Whistling Valley Street Projects. On August 24, 2023, the City received two letters from Granite
Re, Inc. (“Surety”) instructing the City to freeze the contract funds because the Surety had
received potential bond claims. A copy of these letters are enclosed for your convenience. The
City has frozen the Project funds as requested, and currently holds the following amounts:
$31,138.19 (Torre Pines) and $74,339.16 (Whistling Valley), or a total balance of $105,477.35.
Copies of the final pay applications and change orders are also enclosed.
The City is now ready to close out the Projects. All work has been completed, but the City has
been unable to obtain the final paperwork indicating that all outstanding subcontractor contracts
have been paid. It is the City’s understanding that the Contractor has declared bankruptcy and
will not be addressing the subcontractor claims. The grant obtained by the City for these Projects
requires that they be completely closed out before the end of this calendar year.
The City is prepared to transmit the remaining Project funds to the Surety in exchange for a release
from all outstanding payment claims. Please contact me as soon as possible to discuss the release
of funds and close-out of these Projects.
DOCSOPEN\LA515\1\979602.v1-9/30/24
Thank you for your prompt attention to this matter.
Regards,
KENNEDY & GRAVEN, CHARTERED
/s/ Michelle E. Weinberg
Michelle E. Weinberg
Enclosures
cc: Sarah Sonsalla, City Attorney
Chad Isakson (Chad.Isakson@focusengineeringinc.com)