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City Council Resolution 2010-23CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2010-23 APPROVING FINAL PAYMENT AND ACCEPTING IMPROVEMENTS FOR GRADING AND DRAINAGE IMPROVEMENTS AT THE MONTICELLO MIDDLE SCHOOL AND A GLORIOUS CHURCH PONDS CITY PROJECT NO.06CO09 (2006-09C) WHEREAS, pursuant to a written contract with the City of Monticello awarded to Motzko Companies, LLC of Delano, Minnesota, the contractor has substantially completed the work for the grading and drainage improvements at the Monticello Middle School and A Glorious Church ponds, including other appurtenant work in accordance with the contract; WHEREAS, the final payment includes a deduction for items that were not completed by the contractor, which include: 1) Repair of the bituminous pathway near the Monticello Middle School pond. 2) Ditch cleaning near A Glorious Church pond. 3) Erosion repair and pipe replacement at the east end of the Middle School pond. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELL0, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax (IC 134); 2) 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 (lien waivers); 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to start and extend two years from the date of acceptance of the project by the City Council. ADOPTED BY the Monticello City Council this 26th day of April, 2010. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: J Bill, City Administrator