HomeMy WebLinkAboutPR 13028:BOARDWALK ELEV. TOWERPUBLIC WORKS DEPARTMENT
COUNCZL ACT1'ON MEMO
TO
FROM
SUB3ECT
DATE
Steve Fitzgibbons, City Manager
John A. Comeaux, P.E., Director of Public Works
P.R. #13028 - Release of Retainage for Mc-O
February 9, 2005
RECOMMENDATION:
! recommend that the City Coundl approve Proposed Resolution No. 13028, authorizing the
final acceptance and release of the retainage in the amount of $28,944.1! for the contract
with Hc-O Construction (Hc-O) for construction of the Boardwalk Elevator Tower.
BACKGROUND:
A contract was awarded to Mc-C) for the construction of the Boardwalk Elevator Tower on
:~2 May 2004. Notice to proceed was given on 0~ June with a completion date of 30
September. Due to delays in receiving the bridge and handrail panels, the completion date
was extended to 29 October, and SUBSTANTIAL COHPLEI-~ON occurred on that date. This
met the General Land Office's requirement to receive the participatory funding. F!NAL
COMPLETION occurred on 12 January 2005 with installation of the flooring in the elevator
car after the elevator was inspected. This was delayed to an unanticipated requirement
for fire detection equipment at the elevator tower.
BUDGETARY/FI'SCAL EFFECT:
Funo$ are available in the Capital ]~mprovement Projects (C!P30~) budget (303-!603-
591.89-00) for the payment for this service.
EMPLOYEE/STAFF EFFECT:
None
SUMMARY
! recommend that the City Council approve Proposed Resolution No. 13028, authorizing the
City Manager to sign a Certificate of Acceptance and release the !0% retainage in the
amount of $28,944.1! for the contract with Hc-O Construction (Mc-O) for construction of
the Boardwalk Elevator Tower.
This release will constitute final payment for this contract.
Director of Public Works
.1AC/feb
Z:\engineer\docu ments\CAMS\McORetRel.doc
P.R. 13028
02/10/05 reb
RESOLU'I'ZON NO.
A RESOLUTION AUTHORIZt'NG ACCEPTANCE OF THE
BOARDWALK ELEVATOR TOWER & BRIDGE FROM Mc-O
CONSTRUCTI'ON AND AUTHORZZt'NG THE CITY MANAGER TO
St'GN THE CERTTFI~CATE OF ACCEPTANCE ON BEHALF OF THE
Ct'TY OF PORT ARTHUR, TEXAS AND RELEASt'NG THE RETAt'NAGE
FOR THIS CONTRACT [N THE AMOUNT OF $28,944.11.
WHEREAS, the City has previously received a Certificate of Substantial
Completion, dated October 29, 2004, from The LaBiche Architectural Group, Inc., copy
attached hereto and made a part hereof as Exhibit A, said document certifying the
project sufficiently complete for use by the City with certain punchlist items remaining
and retainage being held until all punchlist items are complete; and,
WHEREAS, all punchlist items have been completed and the elevator has been
inspected and certified as operational by a licensed elevator inspector of the State of
Texas; and,
WHEREAS, the City has received a Contractor's Certificate of Release of Liens,
dated February 7, 2004 and executed by Wyman Ogden of Mc-O Construction (Exhibit
B) and a Contractor's Consent of Surety, dated February 8, 2004 and executed by Scott
Chapman of Gulf Insurance Company {Exhibit C), certifying that the project has been
completed; and,
WHEREAS, funding is available in C[P 301, 303-1603-591.89-00; now,
therefore,
BE TT
ARTHUR:
P.R. 13028
Page 2
RESOLVED BY THE CZTY COUNCIL OF THE CZTY OF PORT
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to
execute, on behalf of the City of Port Arthur, a Certificate of Acceptance to Mc-O
Construction for the completion of the Boardwalk Elevator Tower and Bridge, copy
attached hereto and made a part hereof as Exhibit "D" and to release the retainage for
this project in the amount of $28,944.:ll; and
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the
at a
Ayes:
day of , A.D. 2005
meeting of the City of Port Arthur, Texas by the following vote:
__ Mayor:
Councilmembers:
Noes:
P.R.!3028
Page 3
Attest:
Mayor
City Secretary
APPROVED AS TO FORM:
},
City Attor~ney ~f P ~ ~/'5 +,-~x'.(- )
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
..lohn A. Comeaux, P.E.
Director of Public Works
Rebecca Underhill
Director of Finance
Z:\engineer\Documents\Resolutions\PR13028.doc
EXHTB[T A
CER I'IFICATE OF SUBSTANTIAL COMPLE flON
PROJECT: Boardwalk Tower and Bridge
for the City of Port Adhur, Texas
TO:
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
DATE OF ISSUANCE: October 29, 2004
ARCHITECT:
PROJECT NO:
CONTRACTOR:
CONTRACTFOR:
CONTRACT DATE:
The LaBiche Architectural
Group, Inc.
03008
Mc-O Construction
New Construction
May 11, 2004
PROJECT OR DESIGNATED PORTION SHALL INCLUDE: All Work
The Work performed under this Contract has been reviewed and found to be substantially complete.
The
Date of Substantial Completion of the Project or portion thereof designated above is hereby established as
October 29, 2004, which is also the date of commencement of applicable warranties required by the
Contract documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The date of Substantial Completion of the Work or designated portion thereof is the Date certified by the
Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the
Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as
expressed in the Contract Documents.
A list of items to be completed or corrected, prepared by the Contra~c~d verified and amended by the
Architect, is attached hereto. The failure to include any items o~ot alter the responsibility of
the Contractor to complete all Work in accordance witl-j~'~_~.._PaotO~uments. The date of
commencement of warranties for items on the attzachecyJ~j~t~i~i~F;~e~"~f final payment unless
otherwise agreed to in writing.
The LaBiche Architectural Group1 Inc. /
ARCHITECT ' 'I~Y / ~6",2,~~*/ DA'I'E
The Contractor will complete or correct the Work on the list of ite~reto within fifteen (15) days
from the Date of Substantial Completion.
CONTRACTOR ~ ~' - ' · DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full
possession thereof at 8:00 a.m. on October 30~/~004.
City of Port Arthur ~_ <~, ~
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance shall be as follows: Owner will assume responsibility for maintenance, security, and damage to the Work on
the Date of Substantial Completion except for damage done by Contractor or Subcontractors during final completion.
Owner assumes responsibility for insurance of the Project on October 30, 2004. The Contractor will submit to the
Owner the executed warranties, maintenance agreements, inspection certificates, record documentation, maintenance
manuals, tools, spare parts, keys and similar operational items by November 30, 2004.
EXHI'BIT B
C, ONTi%~'TOR'S AFFIDAV~, OF
RF~ ~=ASE OF MENS
TO OWNE~
The City of Port Arhtur
444 4th St.
Port ~rthur, TX 77642
ARCH~CTS PROJECT NO.: 03008
CONTRACTFOR:
~ardwalk Tower & Bridge
Boardwalk Tower and Bridge
CONTRACT DATED: June 1 , 2004
STATE 0~:Texas
COUNTY OF: Jefferson
EXCEPTIONS:
.SUPFgfEINGDOCUMENTSATTACHED
HERETO:
M¢-o Construction
P.O.Box 13072
Wyman Ogden/ Vice President
F~~ usa k DF_JC~
CONTRACT~ AFFIDAVIT OF PAYMENT OF D~ AND CLAJ~
The City of Port Arthur
444 4th Street
Port Arthur,'TX 77642
Board Walk Tower & Bridge
Board Walk Tower & Bridge
444 Lake Shore Dr.
Port Arthur, TX 77642
COl~l~L~TDAIb3~r-June 1, 2004
~T~ekTE Of:: Texas
C~ C)~: Jefferson
....~J~)I~ill',IG D(XitJMENTS ATTAG'H,SD
~O:
~;C~l~(~ Mc-O Construction
{Nameaed_~ P.O.Box 13072
Beaumont,TX 77726
Wyman Ogden/ Vice President
/I
EXHIBIT C
02/09/05 11:40 FAZ 713 956 26[0 BROWN & BR0~ INS[FRANC~ ~oo2
CONSENT OF
SURETY COMPANY
TO FINALPAYMENT
BOND NQ.: AI8667884 . ..'. .'
'~'-PI~OJ EC;T,;
(name, address)
ConstrucQon of the Boardw-alk Elevator Towel and Pedes~arl Bridge
(Contract #O~-151) . .' , ..... . ·
TO (Owner)
[ ]
City of Port Arthur
4;44 4~h St. .'
Port Arthur, TX 77640 .'.
[
CONTRACTOR: Mc-O Construction
ARCHITECTS PROJECT NO:
CONTRACT FOP.: $2~9,441.17
CONTRACT DATE: May 24, 2004
In accordance with the previsions of the Contract between the Owner and the Contractor as indicated above, the (here
insert name a.d address {=f Sural7 Cemp~ny)
Gulf Insurance Company
10700 North Freeway, gte. 300
Houston, TX 77037
SURETY COMPANY
on bond of (here ir,~ert name and addre, s5 ot Contraclor}
Mc-O Construction
5718 Pat Dr.
Orange, -r-x 77630
, CONTRACTOR,
hereby appreves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve
the sure~ Company of any of its obligations to (here insert name and addrass of O~nmr)
City of Port Arthur
4~4 4~ St
Port Arthur, TX 77640
, OWNER,
as set forth in the said Surety Company's ~ond.
1N WITNESS WHEREOF,
the Surety Company has hereunto set its hand this
Attest:
(Seal):
8th day of February
Gulf Insurance Company
Attorney-In-Fact
2005
D. Chapman
Title
02/09/05 11:40 F~ 71s 956 2610 BRO~ & BR0~ INS~U~R.~N_ CE
"GUL~.INSURANCE COMPANY
· ' HAre i ~RD,. CONNECTICUT
· POWER OF A~-tORNEY
31NAL~ OF, T]KIS ~ OF ~ ~ ~D ON B~ .,,
BOND
NUMBER Al
8667884
" I AL: 'NAME' ODRESS ,
PRINC P .... CITY, STATE. ZiP "
]ricO. Con~Y-..~ar~om.' ............ ': .'. '
$718 l~at
0r~ge, ~ 77630' ~' :' ':" "' ' '
EFFECTIVE DA'TI-' ~
~ebz-~ary 8. 2005
CONTRACT AMOUNT
289,441,17
BOND AMOUNT <
289,441.17 - Consenl; to Final Paymer~t
Richard H. B'aker, S~tt D. Chapman, Elaine Lewb, Roy E. Simmons
~nd d~-~mcnt~ ~hting to tach ~ =nd/oe ~dcn~. ~'~ were ':n=a
OF NEW YORK
I'"Y OF NE~V YORK ·
OF NEW YORK )
)
EXHZBIT D
P,R. 13028
02/10/05 reb
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Boardwalk Elevator Tower and Bridge
IN THE
CITY OF PORT ARTHUR
TO: Mc-O Construction
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the
Boardwalk Elevator Tower and Bridge, on the basis of the Contractor's Certificate of
Release of Liens and the Contractor's Consent of Surety, executed by Wyman Ogden of
Mc-O Construction.
Steve Fitzgibbons
City Manager
Al-rEST:
Evangeline Green, City Secretary