HomeMy WebLinkAbout6.u. Payment #6 & Final - Eastside Watermain Extension, City Project #320CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: October 7, 2003
AGENDA ITEM: Payment #6 &Final = Eastside Watermain AGENDA SECTION:
Extension Improvements, City Project #320
Consent r"A 6 LL
PREPARED BY: Andrew J. Brotzler,P.E., City Engineer
AG
EN
ATTACHMENTS: Payment #6 & Final, Mutual Release of all Claims APPROVED BY:
from the Court /10000,
This item is on the agenda to request approval of Payment No. 6 and final to Design Excavating, Inc. in the
amount of $16,353.32 for the Eastside Watermain Extension, City Project #320.
Staff recommends that Council approve Payment #6 and final for the project and accept the project for perpetual
maintenance subject to the receipt of the following:
1. Original executed final Construction Pay Voucher in triplicate.
2. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92
requiring withholding State income tax.
3. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have
been fully paid or satisfactorily secured.
RECOMMENDED ACTION: MOTION TO APPROVE PAYMENT #6 AND FA E AL TO EXTENSION
EXCAVATING, INC., THE AMOUNT OF $16,353.32 FOR THE EASTSIDE
IMPROVEMENTS, CITY PROJECT #320, AUTHORIZE THE NECESSARY SIGNATURES OF THE
ATTACHED MUTUAL RELEASE OF CLAIMS AND ACCEPT FOR PERPETUAL MAINTENANCE.
COUNCIL ACTION:
T1
Voucher No. 6 Date:. May 28, 2002
Period Ending: May 28, 2002
Project: Eastside Watermain Extension & Appurtenant Work
City of Rosemount, MN
City Project No. 320
WSB Project No. 1252 -00
Contractor: Design Excavating, Inc.
PO Box 86
Belle Plaine, MN 56011
Contract Dater May 1, 2001
Work Started:
Completion Date:
Work Completed:
Original Contract Amount
$904,709.00
Total Additions
1 $42,900.00
Total Deductions
($29,500.00)
Total Funds Encumbered
$918,109.00
Total Work Certified to Date
$887,566.45
Less Retained Percentage
0.00% $0.00
Less Previous Payments
$871,213.13
Total Payments Incl. This Voucher
$887,566.45
Balance Carried Forward
$30,542.55
Approved for Payment This Voucher
WSB & Associates, Inc.
In accordance with field observation, as performed in accordance with industry standards, and based on our professional opinion, the
materials installed are satisfactory and the work properly performed in accordance with the plans and specifications.
The total work estimated to be completed as of May, 2002 is as indicated herein and we hereby recommend payment
of this voucher. 100
Signed: Signed:
Construction Observer v Project Manager /Engineer
Design Excavating, Inc.
This is to certify that to the best of my knowledge, information, and belief, the quantities and values of work certified herein is a fair
approximate estimate for the period covered by this voucher.
Contractor. Signed:
Date: Title:
City of Rosemount
Checked by:
Approved for Payment:
Authorized Representative
Date:
Date:
F:lwpwin 11252 -00\Excellvouchers61VO6 -Cover
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Administrator
September 10, 2003
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SEP � � Zp03
MR BRET WEISS
WSB & ASSOCIATES INC
4150 OLSON MEMORIAL HWY STE 300
MINNEAPOLIS MN 55422
Re: Our File: 31741 (872)
Court File: 02 -3 467 ADM/JSM
American Cast Iron Pipe Company v. Granite Re, Inc. v.
Design Excavating, Inc. v. City of Rosemount
Dear Mr. Weiss:
Enclosed please find a Mutual Release of All Claims. Please obtain the signature of
an authorized representative of the City of Rosemount. I would then ask that you
return the signed document to me, along with payment for the retainage. The check
should be made payable to Granite Re, Inc., Design Excavating, Inc. and Myles A.
Schneider as co- payees.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
JARDINE, LOGAN & O'BRIEN, P.L.L.P.
Jerre E Logan (1923 -1983)
Donald M. J ardine (Retired) Susan Steffen Tice , 1
Direct Dial: (651) 290 -6571 vv
E -mail Address: stice @jlolaw.com` Cr
SST:lls
Enclosure
Established 1918
Equal Opportunity Employer
o v
IN THE UNITED STATES DISTRICT COURT
DISTRICT COURT OF MINNESOTA
JUDGE ANN D. MONTGOMERY /MAGISTRATE JUDGE JANIE S. MAYERON
AMERICAN CAST IRON PIPE COMPANY, Civil File No. 02 -3 467 ADM /JSM
Plaintiff,
V.
GRANITE RE, INC.,
Defendant,
V.
DESIGN EXCAVATING, INC.,
Defendant and
Third -Party Plaintiff,
V.
CITY OF ROSEMOUNT,
Third -Party Defendant:
MUTUAL RELEASE OF ALL CLAIMS
For and in consideration of the sum of Sixteen Thousand Three Hundred Fifty -three and
32/100 Dollars ($16;353.32), the receipt of which is hereby acknowledged, Shawn Kluver,
President, on behalf of Design Excavating, Inc.,
(Address), being of lawful age, for himself, and his heirs, administrators, executors, successors
and assigns, principals, agents, servants and legal representatives, do hereby frilly and forever
release, acquit and discharge the City of Rosemount, its past, present and future officers,
directors, officials, attorneys, principals, representatives, insurers, administrators, executors,
successors and assigns, employees and agents from any and all past, present or future actions, at
law or in equity, whether arising by statute, common law or otherwise, claims, costs, loss of
services, attorneys' fees, expenses and compensation and demands of whatsoever kind or nature,
on account of, or in any way growing out of, all known and unknown personal injuries, property
damage, losses and damages, claims for anticipated and unanticipated injuries and/or damages,
and claims of whatever nature, including compensatory, consequential, or punitive damages,
sustained or received arising out of a public construction project known as Eastside Waterman
Extension and Appurtenant Work, City Project No. 230; all as more frilly set forth in the
Complaint in File No. 02 -3 467, U.S. District Court, District Court of Minnesota.
Granite Re, Inc. does hereby fully and forever release, acquit and discharge City of
Rosemount, its past, present and future officers, directors, officials, attorneys, principals,
representatives, insurers, administrators, executors, successors and assigns, employees and
agents from any and all past, present or future actions, at law or in equity, whether arising by
statute, common law or otherwise, claims, costs, loss of services, attorneys' fees, expenses and
compensation and demands of whatsoever kind or nature, on account of, or in any way growing
out of, all known and unknown personal injuries, property damage, losses and damages, claims
for anticipated and unanticipated injuries and/or damages, and claims of whatever nature,
including compensatory, consequential, or punitive damages, sustained or received arising out
of a public construction project known as Eastside Waterman Extension and Appurtenant Work,
2
City Project No. 230; all as more fully set forth in the Complaint in. File No. 02 -3 467,
U.S. District Court, District Court of Minnesota.
The City of Rosemount does hereby fully and forever release, acquit and discharge
Design Excavating, Inc., its past, present and future officers, directors, officials, attorneys,
principals, representatives, insurers, administrators, executors, successors and assigns,
employees and agents from any and all past, present or future actions, at law or in equity,
whether arising by statute, common law or otherwise, claims, costs, loss of services, attorneys'
fees, expenses and compensation and demands of whatsoever kind or nature, on account of, or
in any way growing out of, all known and unknown personal injuries, property damage, losses
and damages, claims for anticipated and unanticipated injuries and/or damages, and claims of
whatever nature, including compensatory, consequential, or punitive damages, sustained or
received arising out of a public construction project known as Eastside Waterman Extension
and Appurtenant Work, City Project No. 230; all as more fully set forth in the Complaint in File
No. 02 -3 467, U.S. District Court, District Court of Minnesota.
The City of Rosemount does hereby fully and forever release, acquit and discharge
Granite Re, Inc., ; its past, present and future officers, directors, officials, attorneys, principals,
representatives, insurers, administrators, executors, successors and assigns, employees and
agents from any and all past, present or future actions, at law or in equity, whether arising by
statute, common law or otherwise, claims, costs, loss of services, attorneys' fees, expenses and
compensation and demands of whatsoever kind or nature, on account of, or in any way growing
out of, all known and unknown personal injuries, property damage, losses and damages, claims
for anticipated and unanticipated injuries and/or damages, and claims of whatever nature,
including compensatory, consequential, or punitive damages, sustained or received arising out
3
of a public construction project known as Eastside Waterman Extension and Appurtenant Work,
City Project No. 230.
It is further specifically understood and agreed that this release includes the release and
discharge of any and all unnamed potential tortfeasors, and that the releasing parties accept the
compensation stipulated in this release in full satisfaction of any and all injuries and/or damages
which have heretofore arisen or which may hereafter arise.
The releasing parties specifically represent and warrant that no person, firm, corporation,
governmental entity or other entity has any right to proceed by way of subrogation, enforcement
of a lien or otherwise against the parties hereby released.
Granite Re, Inc. and Design Excavating, Inc. hereby agree to indemnify and hold
harmless the City of Rosemount and hereby release from any liability whatsoever to any person,
firm or corporation beyond the consideration already paid as part of this release, including,
without limitation, liability for claims made by Plaintiff, American. Cast Iron Pipe Company, or
others for any other claims by reason of matters referred to in the Complaint or other pleadings
g
or any other potential claims which could have been brought by other third- parties in this
matter. Granite Re, Inc. hereby.agrees to indemnify and hold harmless the City of Rosemount
and hereby release from liability, including, without limitation, liability for claims made by
Plaintiff, American Cast Iron Pipe Company, for claims made by reason of matters referred to
in the Complaint in this matter. In addition, Granite Re, Inc. hereby agrees to indemnify and
hold harmless the City of Rosemount and hereby release from any liability which may be
occasioned by or associated with the release of contract funds by the City of Rosemount.
The terms of this settlement are fully understood; that the amount stated herein is the
sole consideration of this release; and that said sum is voluntarily accepted for the purpose of
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making a full and final compromise, adjustment and settlement of all claims for injuries, losses
and damages of any sort resulting or to result from said matter.
It is further understood and agreed that this settlement is the compromise of a disputed
claim, and that this payment is not to be construed as an admission of liability on the part of the
parties released herein, by whom liability is expressly denied.
This release contains the entire agreement between the parties hereto, and the terms of
this release are contractual and not a mere recital.
I filrther state that I have carefully read the foregoing release and know the contents
thereof, and I sign the same as my own free act, and it is my intention to be legally bound
hereby.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this /iS day of
2003.
RE CAREFULLY BEFORE SIGNING
Witness: (SEAL)
awn Kluve
President of Design Excavating, Inc.
STATE OF MINNESOTA )
) SS.
COUNTY OF y )
On this day of , 2003, before me personally appeared
Shawn Kluver, President of Design EUavating, Inc., to me known to be the person named in
and who executed the above release and acknowledged that he executed the same as his own
free act and deed.
My term expires
MYLES A. SCHNEIDER
0
i Notary Public
Minnesota
5 v� ` °y` My Commission Expires Jan 31, 2005
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
2003.
READ CAREFULLY BEFORE SIGNING
CITY OF ROSEMOUNT
Witness:_ _— — — (SEAL)
By:
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF )
On this day of , 2003, before me personally appeared
of City of Rosemount, to me known to be the person named
in and who executed the above release and acknowledged that he executed the same as his own
free act and deed.
My term expires
Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
2003.
READ CAREFULLY BEFORE SIGNING
GRANITE RE, INC.
Witness: &V4- SEAL'
—.. _ _ —� )
By: -�r�r . �JfF ci 7 —/
Its:
O� 1c�,lnom.o,.
STATE OF A )
) SS.
COUNTY OF (�)\Mateo
On this 5_� day of 2003, before me personally appeared
P.Ylile. ts_ lJh'+E t vno rpf Granite Re, Inc., to me known to be the person named in
and who executed the above release and acknowledged that he executed the same as his own
free act and deed.
My term expires _0 r z)
JOYCE HOLLIDAY f Notary Public
SEAL Logan county ;
Notary Public in and for
State of Oklahoma
Commission # 01001714 Expires 3117/0.5 i
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