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Home My WebLink About1992-252 CCR1 1 Member Celia Scott moved its adoption: introduced the following resolution and RESOLUTION NO. 92 -252 RESOLUTION ACCEPTING WORK PERFORMED, APPROVING FINAL PAYMENT, AND APPROVING SETTLEMENT AGREEMENT WITH BONDING COMPANY FOR WATER DISTRIBUTION SYSTEM IMPROVEMENT PROJECT NOS. 1990 -03 AND 1990 -03A, AND REPLACEMENT OF ENTRANCE DRIVE TO LIFT STATION #1, IMPROVEMENT PROJECT NO. 1992 -11, CONTRACT 1992 -H WHEREAS, the City Council adopted Resolution No. 90 -13 on January 8, 1990, which established Improvement Project No. 1990 -03, Water Distribution System Improvements; and WHEREAS, the City Council adopted Resolution No. 91 -165 on June 24, 1991, which accepted the bid and awarded a contract to Glendale Contracting, Inc. for Improvement Project No. 1990 -03; and WHEREAS, in April of 1992, Glendale Contracting, Inc., as Principal, and USF &G as Surety, jointly advised that the City undertake the completion of Improvement Project No. 1990 -03, Contract 1991 -C; and WHEREAS, the City Engineer subsequently declared Glendale Contracting, Inc. in default of Contract 1991 -C; and WHEREAS, the City Council adopted Resolution No. 92 -89 on April 13, 1992 which established Contract 1992 -H, Completion of Water Distribution System, Improvement Project No. 1990 -03A and Replacement of Entrance Drive to Lift Station No. 1, Improvement Project No. 1992 -11; and WHEREAS, certain items of work not foreseen by the original plans and specifications for Improvement Project No. 1990 -03A were added to Contract 1992 -H upon recommendation by the City Engineer; and WHEREAS, pursuant to the written contract signed with the City of Brooklyn Center, Minnesota, Thomas Sons Construction, Inc., has satisfactorily completed the following improvements in accordance with said contract: COMPLETION OF WATER DISTRIBUTION SYSTEM, IMPROVEMENT PROJECT NO. 1990 -03A AND REPLACEMENT OF ENTRANCE DRIVE TO LIFT STATION NO. 1, IMPROVEMENT PROJECT NO. 1992 -11, CONTRACT 1992 -H; AND 1 1 1 RESOLUTION NO. 92 -252 WHEREAS, USF &G, as Surety for the original contractor, Glendale Contracting, Inc., has proposed a monetary settlement to the City for costs incurred for Improvement Project Nos. 1990 -03 and 1990 -03A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: Contract Contingency 1. The work completed under Contract 1991 -C, Water Distribution System Improvement, Improvement Project No. 1990 -03 is accepted and approved according to the following schedule: Subtotal Construction Professional Services Staff Engineering (8 Legal Admin. (2 Total Est. Project Cost Contract Contingency Subtotal Construction Staff Engineering (8 Admin. Legal (2 Material Testing (1%) Total Estimated Cost Improvement Project 1990 -03A As Amended For Low Bid Approved As Established Change Orders $409,017.00 61.353.00 $470,370.00 8,679.00 37,630.00 9.408.00 $526,087.00 $577,323.00 $504,672.17 2. The work completed under Contract 1992 -H, is accepted and approved according to the following schedule: Improvement Project No. 1990 -03A, Completion of Water Distribution System As Established Per Low Bid $70,034.80 3.501.74 $73,536.54 5,882.92 1,470.73 735.37 $81,625.56 $492,332.76 $450,902.88 24.616.24 -0- $516,949.00 $450,902.88 8,679.00 8,679.00 41,356.00 36,072.23 10.339.00 9.018.06 As Amended Per Approved Change Orders $71,666.59 -0- $71,666.59 5,733.33 1,433.33 716.67 $79,549.92 As Final Per Contract Termination As Final $76,255.53 -0- $76,255.53 6,100.44 1,525.11 762.56 $84,643.64 1 1 1 RESOLUTION NO. 92 -252 Improvement Proiect No. 1992 -11. Replacement of Entrance Drive to Lift Station No. 1 Contract 23,041.50 21,796.06 Contingency 1.152.08 -0- Subtotal Construction Staff Engineering (8 Admin. Legal (2%) Material Testing (1%) Total Estimated Cost Improvement Project 1992 -11 Total Estimated Cost Contract 1992 -H As Established Per Low Bid As Final 24,193.58 21,796.06 1,935.49 483.87 241.94 1,743.68 435.92 217.96 26,854.88 24,193.62 5108.480.44 S108.837.26 3. The actual value of work for Improvement Project No. 1990 -03A, Completion of Water Distribution System is $4,588.74 more than the original contract plus approved change order due to an underestimation of quantities. 4. The actual value of work for Improvement Project No. 1992 -11, Replacement of Entrance Drive to Lift Station No. 1 is $1,245.44 less than the original contract due to an overestimation of quantities. 5. It is hereby directed that final payment be made on said contracts, taking the Contractors receipts in full. The total amount to be paid for Improvement Project No. 1990 -03 under Contract 1991 -C shall be $450,902.88. The total amounts to be paid for Improvement Project No. 1990 -03A and Improvement Project No. 1992 -11 under Contract 1992 -H shall be $76,255.53 and $21,796.06, respectively. 6. The settlement as proposed by USF &G, as Surety for Glendale Contracting, Inc., is hereby accepted and approved for reimbursement of costs in conjunction with Contracts 1991 -C and 1992 -H. The City Manager is hereby directed to execute said settlement agreement, as submitted and amended on October 13,1992. 1 1 1 RESOLUTION NO. November 9, 1992 Date ATTEST: 92 252 Deputy Clerk Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.