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ITEM 5.1 Final pay estimate0 OtsF TY o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner November 10, 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 5.1 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends approval of Final Pay Estimate to Asphalt Surface Technologies of St. Cloud, MN. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: As per the 2014 CIP, a micro -surfacing project meeting State Aid requirements and being funded by State Aid was approved on July 28, 2014. The project had a completion date of September 15th, 2014 in accordance with the MNDOT specification. Construction began on September 22nd. The actual substantial completion was on September 26th when all of the fog seal was completed. The micro - surface portion was completed on the September 24th. Up to 9 days of liquidated damages may be assessed to the contractor as per the contract. This is the 2nd micro -surfacing project Asphalt Surfacing Technologies has completed for the City of Otsego and they are the only contractor who has supplied the City of Otsego with a bid for either project. The City of Otsego requested a reduction in cost change order by extending the completion date and the contractor agreed by reducing the bid by $15,000 and adding one month to the completion date. Even with the completion date extension, the construction occurred after the completion date. The weather cooperated and the contractor completed the work satisfactorily. Two different final pay estimates are presented for the council to consider, both approved by the contractor. One is with liquidated damages and the other without liquidated damages. The council can approve either signed final pay estimate or something in between zero and nine days of liquidated damages. Each day of liquidated damages assesses an additional $600. The only reason I would like the council to consider leniency is that Astech Corporation is the only micro -surfacing contractor in the state that I know of and they have performed good work at a reasonable price. It is very likely the City of Otsego will likely need to work with them again and I would prefer to continue the good working relationship and reasonable pricing MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Final Pay Estimate to Astech Corporation of St. Cloud in the amount of $153,650.48 with nine days of liquidated damages assessed for the 2014 City of Otsego Micro -Surface Project or Motion to approve Final Pay Estimate to Astech Corporation of St. Cloud in the amount of $159,050.48 with liquidated damages waived for the 2014 City of Otsego Micro -Surface Project or Motion to approve Final Pay Estimate to Astech Corporation of St. Cloud in the amount of $159,050.48 less _ days of liquidated damages at $600 per day for the 2014 City of Otsego Micro -Surface Project BUDGET INFORMATION FUNDING: BUDGETED: X YES State Aid NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: FINAL PAY ESTIMATE CITY OF OTSEGO 2014 Otsego Micro Surfacing Project October 30. 2014 Honorable Mayor . City Council City of Olselin 13400 301h Street Otsego. LIN 55330 RE: 201.1 Otsego I.licro Surfacing Projecl Contractor: Asphalt Surface Technologies Guilt. Contract Amount: S 150• 14 1.63 Dear Honorable Mayor and Council Members: The following work fins been completed on IIIc above -referenced projecl by Asphall Smface Technologies Guilt ff1TE1.1 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNITPRICE CONTRACTAMOUNT�-DATE— USED TO EXTENSIONULlif EXTENSION _ 1.ODO.CIO 10US f1ATC-RInL FOR 1tICRO SURF:CRIGi15.°00� 4" COURLE SOLID Lit IE YELLO'A' - PATI IT G;•L S3 87� S 55.88500 7 I(i 780 5131.5€2 1651041 10.010 S SURFACING SCRATCH COURSE • TYPE 2 AGGREGATE 251 TOii 5157 ,53 407 GO -010 S EDRO 3 MICRO SURFACING SURFACE COURSE • TYPE 2 AGGREGATE 251 TON 1 tit C_,I CIO ( 2.12301 5 28C.:i 10' 1 L S DITUtiIt70U57tATERI'LFOR FOG SEAL •CSS SH rGILUTE01520 TRAFFICCO11TROL 11 L12 11 1"... S3001S ,"0.401 2.76000 283 151 S 8101 5 4 4G7 55 TO CD ?4'O iC�3i uur 11 S 5cco Go Tolai Did Schedule "A" S _ _ 1.13,459.00 5 _ 151,508.25 _ ITEM NO. NO. G ITEM DESCRIPTION PAVEMENT I.IFSS.AGE tARROLA' -PAINT ESTILfATED _ QUANTITY i 14 UNIT EACH CONTRACT UNIT PRICE C011TRACT ARIOUNT S5000 5 700.00 1 USED TO DATE 201 S EXTENSION _ 1.ODO.CIO _ 7 4" COURLE SOLID Lit IE YELLO'A' - PATI IT i 7032.7 LF I 50 16 S 1651041 10.010 S 1 7.17.04 8 •i" SOLID LINE YELLO'P:. PAINT i .20 LF -010 S 112001 01 S 9 10 4' SOLID LINE• Va OTE -PAINT 12"'SOLID Lit IE IPAMTE• PAINT 21.584 90 LF LF Soil S 5440 S 2.374701 7.2000 20.03911 S EGl S 2_292 291 378.•101 11 L12 3.1" SOLID LIME 4YHITE •PAINT 62 LF S550S 341 00 51 S 280 S01 24"SOL ID Lit :E YELLMY-PUNT 53 LF SS SOTS ".75001 152 S 826 CO 13 CROSS:!!:LK LIARKING 13'%6' BLCCHSI • P' INT E0.1 I SF S200 5 LDOB 00 so -11 S 1.000 G0 ..,.„ -n. .cu 0 0 6.082.63 Did Schedule "A" Bid Schedulc'B' TOTAL Total Work Completed to Date NO RETAINAGE LIQuidated Damages (9 days at SGOOrper day) 4VE RECOMMEND FINAL PAYMENT OF Please verily the amount of previous payments, and the receipt of the following dents prior to making payment. I. Certificale of claims payment (lien waiver). 2. Affidavit of paymom Of Slates taxes (LIN State TAX Fonn IC 134). 3. Letter of consent from surety ficin APPROVALS: CONTRACTOR: ASPHALT SURFACE TECHNOLOGIES CORP. Ceilification h ac or. I certify Ilett all lie Its d ant it s are collect for the work,, completed to date. Signed .......... SY�L— OPP Till.: Vice—PresidentD le Oct ENGINEER: HAKANSON ANDERSON Certification by Engineer. 41le racomnienB final payment for viork and rluantilies as sho•rnt Tflla: L_L 7"i+�.'�k' �a1c EK• - Date OWNER: CITY OF OTSEGO OT287.2014 MS - PE,zisx PE- 1 S 1.13,159.00 5 6,082.63 $ 150,141.63 S 7.642.23 $ 151,500.25 $ 7,542.23 S 150,050.48 5 159,050.48 5 5 5,400.00 S 153 650.48 •i A]- AA_ 10) on ciu «n n <<, GN 0 7 1994 Consent of Surety to Final Payment PROJECT: (Asante and dddress) 2014 Otsego Micro Surfacing Project No. 14-05 TO OWNER: (Name and address) City of Otsego 13400 90th Street Otsego, MN 55330 ARCI]I T EC T'S PROJECT NUMBER: CONTRACT FOR: Construction CONTRACT DATED: August 5, 2014 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER ❑ In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address ofSures) .) Travelers Casualty and Surety Company of America One Tower Square - 2SHS Hartford, CT 06183-6014 ,SURETY, on bond of (Insert name and address of Conti-aclan) Asphalt Surface Technologies Corporation PO Box 1025 St. Cloud, Mlv 56302 ,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 Otsego 13400 90th Street Otsego, MN 55330 , OWNER, as set forth in said Surety's bond. 1N WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 30, 2014 (Insetl in tailing the month followed by the nunteric dale rind year) KCEIN AGENCY INC, Travelers Casualty and Surety Company =9NOTARY =AN3 No t exin �) of meric Sian Ave, Ste 206St. 5au14MN 55126 4!_7 484-6461 (Si nafww of audtorized representalive) Attest. /�'% jl / John C. Klein, Attorney -in -Fact (Seal) ►/ li.Vc-k'�" ' `— (Printed name and title) CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document G707TM' —1994. Copyright @ 1970 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casually and Surely Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company or America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company St. Paul Guardian Insurance Company Allorney-In Fact No. 223887 Certificate lNo. 005976669 KNOW ALL \MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire ,in([ Nlarine 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 are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized tinder the laws of the State of Iowa, and that Fidelity and Guaranty Instuance 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 zinc] appoint John C. Klein, John D. Klein, Stephen M. Klein, Kristin M. Bakes, and Clint Rodningen, Jr. of the City of St. Paul , State of Minnesota , their true and lawful Altomey(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 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 or permitted in any actions or proceedings allowed by law. IN WPPNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 901 day of July 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underm•iters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Pal Mercury Insurance Company Trovelers Casualty and Surety Company 'n•avelel;s Casualty and Surety Company of America United States Fidelity and Guaranty Company GASH,, tYay�SI�E 4 TM ikS H54�4 r' �• � (� � `+ ro Tn wC�fORiltO� x J! �. At(;� WeGORPORATf :.Pt y f + G '� IkO: [!A Z 1982 O � "19�' ui jm is •-..• alit m HANTfORD, tnl9TFOFD, � •` 1896 •' �iSEAL,'3 ... CONN. n 4 d y Ada oi,� T\t� ^fs xTeaet eo `�Is.. ..i s ° *� Slate of Connecticut City of Hartford ss. By: '44a� Robert L. Raney.. enior Vim President On this the 9t11 clay of July 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farminglon Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lac., St. Paul Fire and Marine Insurance Company, Sl. Paul Guardian Insurance Company, Sl. Paul mercury Insurance Company, Travelers Casualty and Steely Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that Ie, as such, being authorized so to do, executed the foregoing insinnnent for the purposes therein contained by signing on behalf of the cognorations by hinnself as a duly authorized officer. p,T!•t In Witness Whereof, I hereunto set lily hand and official seal. �itWTA V My Commission expires tile 301h clay of June, 2016. it A1/nt ►G n4 Marie C. Tcucault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Page I of I "r1 I I-,! "^I L, Si ? A — Ii.F. i I Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-894-473-344 Submitted Date arrd Time: 29 -Oct -2014 8:23:20 A\9 Legal Name: ASPHALT SURFACE TECHNOLOGY CORP Federal Employer 1D: 41-1581447 User Who Submitted: Macypopp Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Num ber: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 330711040 3921215 CITY OF OTSEGO 14-05 22 -Sep -2014 27 -Oct -2014 CITY OF OTSEGO $159,050.48 Subcontractor Summary Name ID Affidavit Number TRAFFIC MARKING SERVICE INC 8462102 1544519680 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholdine.tax@state.nm.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please 1-Lrint 1Iris con irncitioii wn-,e for your records using the print or save functionality built into your browser. haps://%NrNN,w.inndor.state.mn.us/tp/eservices/ /Retrieve/Q/b-/FJHQGhY5h3ADD1I-IrT15V... 10/29/2014 page I of I MINNESOTA- RfWNUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-304-012-928 Submitted Date and Time: 28 -Oct -2014 3:24:24 PM Legal Name: TRAFFIC MARKING SERV INC Federal Employer ID: 41-0744761 User Who Submitted: Traffic2011 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1544519680 8462102 CITY OF OTSEGO CrIY OTSEGO 2014 17 -Oct -2014 21 -Oct -2014 CITY OF OTSEGO $6,880.55 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this coniin»AUUii I?age for your records using the print or save functionality built into your browser. https:!/www.triridor.state.rrrn.us/tp/eserviccs/ /Retrieve/0/b-/RzgIKoz0GHNIG_Wxjm8H... 10/28/2014 DOCUi NEWT 00660 RECEIPT AND WA-IVER OF MECHANIC'S LIEN RIGHTS 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in co -partnerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. 3. A receipt siunilar to this or legal waiver of lien rights will be required for all plumbing, heating, plastering materials, etc. 4• NO ERASURES OR ALTERATIONS MUST BE MADE. DATE: 10/30/14 The undersigned hereby acknowledges receipt of the sum of $ 6,880.55 CHECK ONLY ONE 1) ❑ as partial payment for labor, skill, and material furnished or to be furnished 2) El as payment for all labor, skill, and material furnished or to be famished or to be furnished (exce t the sum of $ retainage or holdback) p 3) as full and final payment for all labor, skill, and material furnished or to be furnished to the following described real property: (legal description, street address, or project name) 2014 MICRO SURFACING PROJECT - CITY OF OTSEGO, MLN and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill, or material famished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown in 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, EXCEPT: Traffic.J Servic RE'T'URN THIS FORM TO: n viie Inc (Company ASTECH CORP. P 0 BOX 1025 ST CLOUD MN 56302 (Signamrc) or FAX to 320-363-8700 or email: mlpopp@astechus.com 621 Division Street East (Address) :lanle Grove MA) 55358 (Address) (Addrass) FINAL PAY ESTIMATE CITY OF OTSEGO 201.11 Otsego Micro SRrfacinU Project October 30, 2014 Honorable I,layor S City Council City of Otsego 13400 90th Street Olsego.1,lhl 55330 RE: 201.3 Otsego Llicro Surfacing Project Conlractor. Asphalt Surface Tecim010gies Core. Cmdract Ainou it: S150,141.63 Dear Honorable f.tayur and Council 61eolbers: The folloviing work has been completed on the above -referenced project by Aspholl Surface Technologies Corp. nnr c.r....r..r.. ..,,.. --.."--.. . ITEM NO. -- _ --' - _. __••• ITEt.1 DESCRIPTION ES71I.IATED COrITRACi USED TO DATE _ - 201 S USED TO _ _ -__ _ UJlli UNIT PRICE_ CONTRACT AR10U11T G PAVEMENTt.IESSAGE JARRO'Ai-P;.it1T -- I.', I EACH i z=GGo 5 Ail CO-- i _ QUANTITY UNIT _UNIT PRICE CONTRACTAG10Utli 1,05104 10.91515 E%TENSIOiI 1 SITU; 11ftOUS MATERIAL FOR rMCRO SURF.AClt!G 15 Eco I G. -L I 50.10 S I12.00 _DATE _ 9 (MICRO � 21 599 LF $367 S EG e35.Co I 1G 1160' S 61 ES2 60 2 SURFACING SCRATCH COURSE - I YPE 2 AGGREGATE 251 I TO;1 515700 S 39 407 C-31 � O! :190-:1 101 3 MICRO SURFACIr7G SURF;.C'c CCURSE • TYPE 2 AGGREGATE i 251 iI I TO. i 5157 CO! 5 39 •107 CO 1521 S 55 _ 4 SITU:tIIIOUS LL;TERIAL FOR FCG SEAL -CSS-IH IDILUTEDI ego -,I II r,,I � _ 530015 2.750 Ca 8101 S 2.520 C0� 5 TRAFFIC CONTROL I LS I 3501000 S 5Cu000I t o 50,," ,..u., ..0 u,.nwmc n 5 143 •1150.00 5 4 151,500.25 ITEM 110• ITEM DESCRIPTION ESTII•IATEO QUANTITY COUTRACT USED TO DATE _ - 201 S EXTENSION _ 1,ci:0.C9 _ _ -__ _ UJlli UNIT PRICE_ CONTRACT AR10U11T G PAVEMENTt.IESSAGE JARRO'Ai-P;.it1T -- I.', I EACH i z=GGo 5 Ail CO-- i •1- DOUBLE SOLID LINE YELLO'A'. PAINT i 1032.1 I LF SO.IGIS 1,05104 10.91515 1.7.170.11 8 -1-SOLID LINE YELLOW. PAIt1T I 1,120 LF 50.10 S I12.00 OI $ 9 4- SOLID UNE WHITE -PAINT � 21 599 LF SO it S 2 374 79 20.6391 S 2 292 29 10 11 12" SOLID UNE'6,HITE - PAINT 2.1" SOLID LIRE b4HITE - PAINT 50 62 LF I LF S....101 S 55 50 $ 220 CO 341 Ce511 _ EGi 5 S 370.401 200 50 12 24" SOLID LINE YELLG::' -PAINT 50 LF <5 501 $ 275 CO 1521 S 835 Co 13 CROSS'i:'.1LK MARKING (3'%G' BLOCVSI • PAIJJ7 I _=0.1 SF I $2 OOI 5 LC�5 CO EOa S 1 000 OD Bid Schedule "A' Bid Schedule "B'• TOTAL Total V!ark Completed to Date NO RETAINAGE VJE RECOMMEND FINAL PAYMENT OF Please verify the amotnll of previous payments• and the receipt of lire following items prior to making payment. I. Cerlifrcafe of claims paymenl (lien vraiverl. 2. Affidavit of payment of Stales taxes (1,11.1 State TAX Form IC 134). 3. Letter of consenl from surely firm. APPROVALS: CONTRACTOR: ASPHALT SURFACE TECHl' LOGIES C RP. Cerlificalior U ontractor. I certify Mat all items 1d a no rills • to correct for Ilse work conmleted to date.. Signed: � � Tine: ae4 a 'SPP ale_ octob 0�-20.1,4 .ENGINEER: HAKANSON ANDERSON Certification hy_ERr. gineet e rOcii /meud final payment for vrork and quantities as shovai. r Title: f. _i_v .<' l(!,z.,j-•?f-y�. Date /G /„'1rLi 1 1 OWNER: CITY OF OTSEGO 07307.ZO14-MS-PE.Asr PE- i S 1.13,459.00 _ $ 6,602.63 $ 150,141.63 S_s 7542.23 $ 151,500.25 S 7,542.23 $ 159,050:16 5 159,050.40 S S 159,050.40