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HomeMy WebLinkAboutPR 11707: BOARDWALK - PHASE IIPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO: FROM: SUBJECT: DATE: Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E., Director of Public Works P.R. #11707 March 25, 2002 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 11707 authorizing the Mayor and City Manager to execute Change Orders No. 1, 2, 3, 4, 5, 6 and Final to the contract dated July 24, 2001 between the City of Port Arthur and SeTEX Construction Corporation of Beaumont, Texas for the construction of the Boardwalk, Phase II increasing the contract amount by $6,893 from $280,000 to a new contract total of $286,893, authorizing the City Manager to execute a Certificate of Acceptance for the work and authorizing final payment of $14,344.65 from FY2002 Budget Account No. 301-1601-591.89-00, ClP 101. BACKGROUND: Advertisements for Bids were published on June 17, 2001 and June 24, 2001, with the contract being awarded to SeTEX Construction Corporation on July 24, 2001 in the amount of $280,000 for the Base Bid only. Change Order No. 1 has been issued for a time extension of six (6) days for the month of August, 2001 for lost work days due to rain, for a new completion date of December 6, 2001. Change Order No. 2 has been issued for planter irrigation additions, for a total increase of $617 for a new contract amount of $280,671. Change Order No. 3 has been issued for a time extension of 4 days for lost work days due to rain, for a new completion date of December 10, 2001. Change Order No. 4 has been issued for the pressure washing and application of one (1) coat of ICl deck stain at the existing Boardwalk Phase I deck area, for a total increase of $3,927 for a new contract amount of $284,598. Change Order No. 5 has been issued for a time extension of 14 days for lost work days due to rain, for a new completion date of December 24, 2001. Change Order No. 6 has been issued for Boardwalk Phase I lamp replacement (to match lamps on Phase II) and investigation of planter No. 2 on Boardwalk Phase I in order to locate and repair water leak under planter box, for a total increase of, for a total increase of $2,295 for a new contract amount of $286,893. P.R. No. 11707 Page #2 A Certificate of Substantial Completion was issued on January 14, 2002 and the boardwalk has been useable since that time, and no additional funds haye been expended as a result of the contract time overruns. ~ The project is now complete, SeTEX has submitted its Final Pay request in the amount of $14,344.65. BUDGETARY/FISCAL EFFECT: Funding is available in FY 2002 Account No. 301-1601-591.89-00, ClP 101. EMPLOYEE/STAFF EFFECT: Acceptance of this recommendation will have no effect on staffing levels at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 11707 authorizing the Mayor and City Manager to execute Change Orders No. 1, 2, 3, 4, 5, 6 and Final to the contract dated July 24, 2001 between the City of Port Arthur and SeTEX Construction Corporation of Beaumont, Texas for the construction of the Boardwalk, Phase II increasing the contract amount by $6,893 from $280,000 to a new contract total of $286,893, authorizing the City Manager to execute a Certificate of Acceptance for the work and authorizing final payment of $14,344.65. Funding is available in the FY 2002 Budget Account No. 301-1601-591.89-00, CIP 101. Leslie E. McMahen, P.E. Director of Public Works LEM/vkl c:~word~cams~setexbwiicJoseout P.R. No. 11707 03/25/02-vkl RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CHANGE ORDERS NO. 1, 2, 3, 4, $, 6 AND FINAL TO THE CONTRACT DATED JULY 24, 2001 BETWEEN THE CITY OF PORT ARTHUR AND SETEX CONSTRUCTION CORPORATION OF BEAUMONT, TEXAS FOR THE CONSTRUCTION OF THE BOARDWALK PHASE II, INCREASING THE CONTRACT AMOUNT BY $6,893 FROM $280,000 TO A NEW CONTRACT TOTAL OF $286,893, AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR THE WORK AND AUTHORIZING FINAL PAYMENT OF $14,344.65; FUNDING BEING AVAILABLE IN FY 2002 ACCOUNT NO. 301-1601-691.89-00, CIP NO. 101. WHEREAS, The LaBiche Architectural Group, Inc., has issued a Certificate of Substantial Completion stating that construction of the Boardwalk Phase II has been completed, copy attached hereto and made a part hereof as Exhibit "A", together with the Contractor's Certificate and Release, copy attached and made a part hereof as Exhibit "B", and Contractor's Certificate of Guarantee, copy attached and made a part hereof as Exhibit "C", both having been executed on behalf of SeTEX Construction Corporation by James R. Shell, President; and, WHEREAS, the original Contract amount was $280,000; and, WHEREAS, Change Order No. 1 dated September 7, 2001 increased the contract time by six (6) days, Change Order No. 2 dated September 14, 2001 increased the contract amount by $671, Change Order No. 3 dated October 10, 2001 increased the contract time by four (4) days, Change Order No. 4 dated November 2, 2001 increased the contract amount by $3,927, Change Order No. 5 dated January 2, 2002 increased the contract time P.R. No. 11707 Page//2 by fourteen (14) days and Change Order No. 6 and Final increased the contract amount by $2,295, copies of all Change Orders being attached hereto and made a part hbreof as Exhibit "D"; and, WHEREAS, the date of Substantial Completion for the work was January 14, 2002; and, WHEREAS, construction under said Contract is now complete; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager be and he is hereby authorized to execute Change Orders No. 1, 2, 3, 4, 5, 6 and Final which collectively increased the original contract amount of $280,000 by $6,893 to the final contract amount of $286,893, and increased the contract completion date by twenty-four (24) days to a new completion date of December 24, 2001, as outlined in detail in said Change Orders; and, THAT the City Manager be and he is hereby authorized to execute on behalf of the City of Port Arthur a Certificate of Acceptance for the construction of the Boardwalk Phase II in the City of Port Arthur, attached hereto and made a part hereof as Exhibit "E"; and, THAT the Substantial Completion date being January 14, 2002; and, THAT the Final Contract Amount for the subject contract is $286,893; and, THAT Invoice No. 8 and Final in the amount of $14,344.65 from the Contractor be and is hereby approved; copy attached hereto as Exhibit "F"; and THAT a copy of this Resolution be s~nt to the Contractor along with the check in FINAL payment; and, P.R. No. 11707 Page #3 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of. A.D., 2002, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Coucilmembers NOES: ATTEST: Acting City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINIST~.~TION: Leslie E. McMahen, P.E. Director of Public Works ~ROVED A'~- .O AVAILAB, J,LITY OF FUNDS: Finance Director file c:~res~setexbwllcloseout Mayor CERTIFICATE OF SUBSTANTIAL COMPLETION E)~hibit'A" P.R. No, 11707 t nfl PROJECT: City of Port Arthur Boardwalk, Phase II TO: City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77641-1089 DATE OF ISSUANCE: January 14, 2002 ARCHITECT: The LaBiche Architectural Group, Inc. PROJECT NO: 00020 CONTRACTOR: SeTEX CONSTRUCTION CORP. CONTRACT FOR: New Constrdction CONTRACT DATE: July 24, 2001 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 January 14, 2002 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 Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Wo.r-k in accordance with the Contract Documents The date of commencement of warranties for items/~,~ t,h'~a,c/oe~ st will be the date of final payment unless o the rwise ag reed to in writing. The LaBiche Architectural Group, Inc. ~////'~///'/~'~.~. ///7,~ ?. ARCHITECT "By/ ' DA~'E The Contractor will complete or correct the Wor.l~ the list of items attached hereto within fifteen (15) days from the Date of Substantial Completion.// t~ The Owner accepts the Work or'cr~signated portion thereof as substantially complete and will assume full possession thereof at 8:00 a.m. on January 15, 2002. OWNER '~" ' BY , 3~ 77- 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 r~sponsibility 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 iesurance of the Project on January 15, 2002. 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 February 15, 2002. CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS AIA /)oct/me/t/ G7()6A Exhibit'B' OWNER P.R. No: 11707 [] ARC I II'I'I':CI' I of 2 [-I CONTRACTOR ~-J SURI'.'TY [] OTI IF.I{ I~ TO OWNI{I{: City of Port Arthur P. O. Box 1089 Port Arthur, Texas I'RQJ EC'I': Boardwalk - Phase II Port Arthur, Texas 77641-1089 ARCHI'I'HCI"S PR~IiCI' NO.: 00020 CONTRACT FOR: New Construction - Boardwalk Phase CONTRACI' DATED: July 24, 2001 II STATE OF: Texas COUNTY OF: Jefferson I{XCI':PTIONS: NONE SUIH~ORTING I)OCt IMENTS ATI'ACI lED I ll!Rl'71'O: rcquirc(I by thc Owner, ;Ic(.'on~p;inicd by a list thcrc()£. CONTIOXCI'OR: SeTEX Construction Corp. ,,v,,,,,,.,,,,,/,,,~a,,.~. P. O. Box 20678 . ~aumont, Texas 77720-0678 / ii MvCl,m, ss nl'.'xpircs: April 2, 2002 CAUIION: You should sign an original AIA document that has this caulion prinled in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. G70GA--19q4 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND" CLAIMS AlA I)oct/meul G706 (Instructions on r,evc~o side) OWNER Exhibit 'B' P.R. No. 11707 ARCHI']'ECT 2 of 2 CONTI~CTOR SURN1Y OTHER [] [] TO OWN F.R: City of BortArthur P. O. Box 1089 Port Arthur, Texas PROJ F. CT: Boardwalk Phase II Port Arthur, Texas 77641-1089 ARCHI]~CT'SPR~E~'NO.: 00020 CONTRACTFOR: New Construction _ CONTRACTDATED: July 24, 2001 Boardwhlk Phase II S'IWI'E OF: Texas COUNTY OF: Jefferson EXCEPTIONS: BRC Painting Gulf Coast Electric Lawn Specialties, Inc. Total Retainage Owed SUPPORTING I)OCIIMENTS A'ITACHED HEILETO: 1. Consenl of .";urcb, to Final Payment. Whenevel' Surety is 71,t'./bllou.iltk, stq¥)ortin;4 doclt;nents shot/Id be al/ached hereto ~/'reqldred I~1' the Ouvle17 rcquirud by thc Ownc.. cc mq~anicd by u list there(ff. ~ 852.00 1,600.00 991.50 $3,443.50 CONTRACTOR: BY: SeTEX Construction Corp. P. O. Box 20678 Beaumont, Texas 77720-0678 a~s R. Shell, President ,,,,,.., i{ MvCommission Expires- April 2, 2002 CAUTION: You should sign an original AIA document that has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced, See Instruction Sheet for Limited License for Reproduction of this document. G706--1994 CON UO iON CORP. Exhibit 'C" P.R. No. 1170g:ommercial I o[1 Municipal PROJECT WARRANTY FOR GENERAL CONSTRUCTION Whereas, SeTEX Construction Corp., P.O. Box 20678, Beaumont, Texas 77720-0678, 409-842-8181, has performed general construction work on the following project: Boardwalk Phase H City of Port Arthur- Port Arthur~ Texas Whereas, Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the Contmct Documents. Now therefore, Contractor hereby warrants said work in accordance with the terms hereof, complying with terms of Contract with Owner dated July 24~ 2001 that: Contractor agrees to repair or replace to the satisfaction of the Arehitect all work that may prove defective in workmanship or materials together with all other work which may be damaged or displaced in so doing: abuse, modifications not executed by Contractor, insufficient maintenance, improper operation, or normal wear and tear under normal usage excepted. All repairs or replacements shall have a correction period for nonconforming work equal to the original correction period for nonconforming work as herein stated, dated from the final acceptance of repaim or replacement. Nothing contained in this paragraph shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. THE NONCONFORMING WORK CORRECTION PERIOD IS ONE (1) YEAR, STARTING JANUARY 14~ 2002 THROUGH ,[ANUARY 14~ 2003. In the event of our failure to comply with the above mentioned conditions within a reasonable time after being notified by writing, we hereby authorize the Owner to proceed with having defects repaired and made good at our expense, and will pay the costs and charges promptly upon demand. In witness thereof, this instrument has been duly executed this 24'h day,~Januar¥ for Contractor by: , .... . .. My Commission Expires: April 2, 2002 P.O. BOX 20678 ., BEAUMONT, TX 77720-0678 · OFFICE: (40§) 842-8181 · FAX: {409) 842-2274 Exhibit'D' P.R. No. 11707 1 of 6 CHANGE ORDER PROJECT: CONTRACTOR: Boardwalk Phase II City of Port Arthur, Texas SeTEX CONSTRUCTION CORP. P. O. Box 20678 Beaumont, Texas 77720-0678 The Contract is changed as follows: 1. Extention of Time for the month of August 2001 CHANGE ORDERNO: DATE: ARCHITECT'S PROJECT NO.: CONTRACT DATE: CONTRACT FOR: 1 09-07-01 00020 Extention of Time Add 6 Days TOTAL: 123 Days **See attached breakdown Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was ........................................................................................................ $280,000.00 Net change by prev ous y au hor zed Change Orders ..................................................................................................... $ 0.00 The Contract Sum prior to this Change Order was ................................................................................................ $280,000.00 The Contract sum will be increased by this Change Order in the amount of ................................................................... $0.00 The new Contract Sum including this Change Order will be .................................................................................. $280,000.00 The Contract Time will be increased by six (6) days. The date of Substantial Completion as of the date of this Change Order therefore is December 6, 2001. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group 7999 Gladys Avenue Suit~ 1Q,1 SeTEX CONST[~I~TJON CORP. City of Port Arthur P. O. Box 206/7'8/ P.O. Box 1089 Bea~ 77720-0678 Port Arthur, Texas 77641~,-1089 Date: CHANGE ORDER Exhibit'D' P.R. No. 11707 2of6 PROJECT: CONTRACTOR: Boardwalk Phase II City of Port Arthur, Texas SeTEX CONSTRUCTION CORP. P. O. Box 20678 Beaumont, Texas 77720-0678 The Contract is changed as follows: I. Planter Irrigation Additions CHANGE ORDERNO: DATE: ARCHITECT'S PROJECT NO.: CONTRACT DATE: CONTRACT FOR: Add' 2 09-14-01 00020 Additions $671.00 TOTAL: $671.00 **See attached breakdown Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was .............................................................................................................................. $280,000.00 Net change by previously authorized Change Orders ..................................................................................................... $ 0.00 The Contract Sum prior to this Change Order was ................................................................................................ $280,000.00 The Contract sum will be increased by this Change Order in the amount of ............................................................... $671.00 The new Contract Sum including this Change Order will be .................................................................................. $280,671.00 The Contract Time will be increased by six (6) days. The date of Substantial Completion as of the date of this Change Order therefore is Decereber 6, 2001. NOTE: The suremary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group SeTEX CONSTRUCTION CORP. City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641-1089 Date: ~ ~i Date: 9/27/01 ~--'~* Exhibit 'D' ~' P.R. No. 11707 3of6 CHANGE ORDER PROJECT: CONTRACTOR: Boardwalk Phasell Ci~ ofPo~ A~hur, Texas SeTEX CONSTRUCTION CORP. P. O. Box 20678 Beaumont, Texas 77720~0678 The Contract is changed as follows: 1. Extension of 4 Days Time CHANGE ORDER NO: 3 DATE: 10-10-0! ARCHITECT'S PROJECT NO.: 00020 CONTRACT DATE: 07-24-01 CONTRACT FOR: New Construction Add 4 Days TOTAL 127 Days **See attached breakdown Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was .......................................................................................................................................... $280,000.00 Net change by previously authorized Change Orders .............................................................................................................. $671.00 The Contract Sum prior to this Change Order was ............................................................................................................ $280,671.00 The Contract sum will be increased by this Change Order in the amount of .................................................................................. $00 The new Contract Sum including this Change Order will be .............................................................................................. $280,671.00 The Contract Time will be increased by four (4) days. The date of Substantial Completion as of the date of this Change Order therefore is December 10, 2001. NOTE: The summa~' does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group SeTEX CONSTRUCTION CORP. Cib/of Port Adhur 7999 Gladys Avenue, ,~it,e 10/1~ P.O. Box 20678 P.O. Box 1089 Beaum~,~?~~. Beaumont, T~_ 77720-0678 ,. Port Arthur, Texas 77641-1089 CHANGE ORDER E~ibit 'D' P.R. No. 11707 4of6 PROJECT: CONTRACTOR: Boardwalk Phase II City of Port Arthur, Texas SeTEX CONSTRUCTION CORP. P. O. Box 20678 Beaumont, Texas 77720-0678 The Contract is changed as follows: 1. BRC Painting CHANGE ORDER NO: DATE: ARCHITECT'S PROJECT NO.: CONTRACT DATE: CONTRACT FOR: 4 11-02-01 00020 07-24-01 New Construction Add $3,927.00 TOTAL $3,927.00 **See attached breakdown Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was .......................................................................................................................................... $280,000.00 Net change by previously authorized Change Orders .............................................................................................................. $671.00 The Contract Sum prior to this Change Order was ............................................................................................................ $280,671.00 The Contract sum will be increased by this Change Order in the amount of ........................................................................ $3,927.00 The new Contract Sum including this Change Order will be .............................................................................................. $284,598.00 The Contract Time will be increased by four (4) days. The date of Substantial Completion as of the date of this Change Order therafora is December 10, 2001. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group By: ~ Date: SeTEX CONSTI~CTION CORP. P. O. Box 206.,7,~ / City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641-1089 Date: 11-15-01 Exhibit 'D' P.R. No. 11707 5of6 CHANGE ORDER PROJECT: Boardwalk Phase II CHANGE ORDER NO: 5 City of Port Arthur, Texas CONTRACTOR: SeTEX CONSTRUCTION CORP. DATE: 01-02-02 P. O. Box 20678 Beaumont, Texas 77720-0678 ARCHITECT'S PROJECT NO.: CONTRACT DATE: CONTRACT FOR: The Contract is changed as follows: 1. Extension of Time Request 00020 07-24-01 New Construction Add 14 Days **See attached breakdown Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was .......................................................................................................................................... $280,000.00 Net change by previously authorized Change Orders ........................................................................................................... $4,598.00 The Contract Sum prior to this Change Order was ............................................................................................................ $284,598.00 The Contract sum will be increased by this Change Order in the amount of .................................................................................. $00 The new Contract Sum including this Change Order will be .............................................................................................. $284,598.00 The Contract Time will be increased by foudeen (14) days. The date of Substantial Completion as of the date of this Change Order therefore is December 24, 2001. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group 7999 Beaumont By: SeTEX CONSTRUCTION CORP. P. O. Box 20678 Date: Gladys. Avenue/Sui~e 101. 'nont,.,'~X ~77J,0~ ' ,/,~/~ Beaumont, T.e~as 77720-0678 / City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641-1089 Date:_ Exhibit 'D' P.R. No. 11707 6of6 CHANGE ORDER PROJECT: CONTRACTOR: Boardwalk Phase II City of Port Arthur, Texas SeTEX CONSTRUCTION CORP. P. O. Box 20678 Beaumont, Texas 77720-0678 The Contract is changed as follows: 1. Boardwalk Phase I Lamp Replacement 2. Boardwalk Phase 1 Planter No. 2 CHANGE ORDERNO: DATE: ARCHITECT'S PROJECT NO.: CONTRACTDATE: CONTRACT FOR: 6 02-15-02 00020 07-24-01 New Construction Add $375.OO Add $1,920.00 TOTAL $2,295.00 **See attached breakdown Not valid until signed by the Owner, Architect, and Contractor. The odginal Contract Sum was ........................................................ i ....................................................................... $280,000.00 Net change by previously authorized Change Orders ......................................................................................................... $4,598.00 The Contract Sum pr or to th s Change Order was ............................................................................................................ $284,598.00 The Contract sum will be increased by this Change Order in the amount of ........................................................................ $2,295.00 The new Contract Sum including this Change Order will be .............................................................................................. $286,893.00 73.00 The Contract Time will be increased by fourteen (14) days· The date of Substantial Completion as of the date of this Change Order therefore is December 24, 2001. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time wh ch have been authorized by Construction Change Directive. · .,~_.,.,,.~ ,r". The LaBiche Architectural Group SeTEX CONSTRUCTION CORP. City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641-1089 7999 Gladys Avenue, Suite :101 P.O. Box 20678 ~, By: By: / - ~.~, ..: :3~ / ~ ~ ~/ ~. ¢~,~ .~ ~ __ Date: Exhibit 'E' P.R. No. 11707 1 of 1 CERTIFICATE OF ACCEPTANCE FOR THECONSTRUCTION OFTHE BOARDWALK PHASEII IN THE ClTY OFPORTARTHUR TO: James R. Shell, President SeTEX Construction Corporation Dear Mr. Shell: This is to certify that the City of Port Arthur, Texas, accepts the construction of the Boardwalk Phase II south of City Hall in the City of Port Arthur as being completed on the basis of the Certificate of Completion. Steve Fitzgibbons City Manager Date