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HomeMy WebLinkAboutPR 15554: TREVINO GROUP PAYMENT OF FINAL RETAINAGE FOR FIRE STATIONInteroffice MEMORANDUM ,~ -4 ~~ `~~" To: Mayor, City Council, and City Manager From: Valecia R. Tizeno, First Assistant City Attorney Date: October 14, 2009 Subject: P. R. No. 15554; Council Meeting October 20, 2009 Attached is P. R. No. 15554 approving the payment of the final retainage to Trevino Group, Account No. 301-1601- 591.82-00, Project GO-804. This was tabled at the October 6, 2009 Council Meeting. Also attached is a letter from the Guarantee Company of North America USA consenting to the release of the final retainage and guaranteeing that the City of Port Arthur will remain harmless therefrom. VRT:ts Attachment cc: Director of Public works z.pr15554_mem02 THE GUARANTEE COMPANY OF NORTH AMERICA USA 6351 Preston Rd. # 115 Frisco, Texas 75034 Phone 972-2946717 Fax 972-294-6714 Fax 877-533-2566 Mr. Mark Sokolow, City Attorney City of Port Arthur, Texas Re: The Trevino Group, Inc. Port Arthur Fire Station, Our Bond No. 75050988 Release of Retainage Dear Mr. Sokolow: The Guarantee Company of North America USA has issued a payment and pertormance bond on behalf of the Trevino Group which obtained a desigNbuild contract as it relates to a new Fire Station for the City of Port Arthur. The Trevino Group has requested from the City of Port Arthur the release of final retainage. Section 9.10.2 of the agreement delineates the procedures for payment wherein the City may release the funds upon receipt of the consent of surety to final payment with a bond to indemnify the City against liens. The Trevino Group has indicated that their subcontractors or contractors were the following of whom they owe monies and that they will pay the amounts due once they receive the final retainage. The Trevino Group, Inc. will obtain a Final Release from all subcontractors listed below. The Trevino Group, Inc. will also obtain a Final Release from White Cap Industries and DMJ. The Trevino Group, Inc. will pay DMJ and White Cap Industries via joint check to White Cap Industries and DMJ. SUBCONTRACTOR NAME: RETAINAGE: Simplex Grinnell $ 4,970.90 T. J. Morgan $ 3,143.50 Plumbing Specialties $ 9,721.00 Britain Electric $11,768.58 SKR Construction $10,552.44 Beaty Overhead Door $ 1,974.60 AAAbsolute Gutters $ 595.20 Tello Masonry $ 5,726.18 Absolute Insulation $ 658.70 Nederland Glass $ 550.45 National Networks $ 782.43 Marble Crafters, Inc. $ 644.65 Interior Selections $ 2,568.97 A G. Welding $ 448.00 nse ~ r.~__. 4...ion $22 000 00 to be oaid to DMJ and suoolier White Cao via joint check TOTAL 76105.60 The Guarantee Company of North America USA consents to the release of the final retainage and will hold the City of Port Arthur harmless therefrom. ~ncerely, Dani~ameso~ Regional Surety Manager The Guarantee Company of North America USA P. R. No. 15554 10/02/09 is RESOLUTION NO. A RESOLUTION APPROVING THE PAYMENT OF THE FINAL RETAINAGE TO TREVINO GROUP. Account No. Project GO-804, 301-1601-591.82-00 WHEREAS, the City Council approved Resolution No. 09-417 wherein the City Council approved the release of retainage of $149,554.40 on the condition that the Trevino Group document that the email dated September 22, 2009 is accurate; and WHEREAS, the Trevino Group is in the process of resolving the payments to subcontractors or suppliers of DMJ who have not been paid and WHEREAS, the Guarantee Company of North America USA issued the performance and payment bonds; and WHEREAS, the Guarantee Company of North America USA is aware of the issues involving the subcontractors or suppliers and has recommended the release of the Retainage as denoted in Exhibit "A" NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to release the Retainage of $149,554.40 to the Trevino Group. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. z.pr15554 READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: ,~ , YOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: / ~` ~~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED A3 TO THB AVAILABILITY OF FIINDS: DIRECTOR OF FINANCE z.pr15554 EXHIBIT "A" TIIE GUARANTEE COMPAiYI' OF NORTH AMERICA USA 6351 Preston Rd. # 115 Frisco, Texas 75034 Ftrone972-294-6717 Fax 972.294-6714 Fax 877-533-25(16 October 2, 2009 Mr. Mark Sokolow City Attorney City of Pori Arthur, Texas Re: The Trevino Group, Inc. Port Arthur Fire Station Our Bond No. 75050988 Release of Retainage Dear Mr. Sokolow: This is to confirm our various conversations and correspondence regarding The Guarantee Company of North America USA's awareness of the unpaid vendors/suppliers on the referenced project. This will also re-confirm our approval for the City to release the retainage owed to The Trevino Group, Inc. on this bonded project. Sincerely, ~~~~~ Daniel R. Jameson Regional Surety Manager The Guarantee Company of North America USA