City of Oak Creek
Common Council Report
Meeting Date: July 5, 2005
Item No.: 9
Recommendation: That the Common Council approve Resolution No. 10528-070505, accepting the workmanship and authorizing final payment to CW Purpero, Inc., for Project No. 00037. This project involved the construction of a detention basin in the Shepard Hills Subdivision area (5th Aldermanic District)
Background: This project was authorized by the Common Council as part of the Capital Improvement Program, and was awarded on March 31, 2003.
Fiscal Impact: Final payment of $3,851.88 is to be paid with CIP and/or Utility provided funding, as applicable.
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Prepared by:
J. John Ozolins Senior Engineering Technician |
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Approved by:
Wayne St. John, P.E. City Engineer |
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Fiscal review by:
Beverly A. Buretta, CMC City Clerk |
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T:\Shared\WPFILES\CCREPORT\2005\00037 Final Payment.doc
RESOLUTION NO. 10528-070505
BY:________________________________________
CW PURPERO, INC.
AND AUTHORIZING FINAL PAYMENT
SHEPARD HILLS SUBDIVISION
DETENSION BASIN CONSTRUCTION
PROJECT NO. 00037
(5th ALDERMANIC DISTRICT)
WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and CW Purpero Inc., hereinafter referred to as the contractor, entered into a contract whereby the Contractor agreed to perform certain public works under Project No. 00037 for the installation of storm improvements in the City of Oak Creek, in accordance with plans and specifications prepared by the City Engineer for the agreed price of $313,873.50; and,
WHEREAS, said total final contract price has been determined to be $326,809.58 as computed by the City Engineer using actual quantities, as measured, additions and deletions to the contract, and contract unit prices; and,
WHEREAS, the Contractor has completed all of the work set out in the specifications; and,
WHEREAS, the Contractor has filed with the City an affidavit stating that he has complied fully with the provisions and requirements of Section 66.0903, Wis. Stats.; and,
WHEREAS, the City Engineer has submitted his final report certifying that the workmanship of the Contractor is satisfactorily completed and recommends a final settlement be made and that the City accept the work and authorize the payment of the balance presently outstanding and due the Contractor, and that there remains a balance on account, the sum of $3,851.88.
NOW, THEREFORE, BE IT RESOLVED that the recommendation and report prepared by the City Engineer be accepted.
BE IT FURTHER RESOLVED that the City of Oak Creek does hereby accept the workmanship furnished by the Contractor, subject, however, to all guarantees and other obligations set out in the contract which the City of Oak Creek hereby reserves, if any, and subject to the right of the City of Oak Creek to commence an action or file a third party claim against the Contractor in the event that an action is commenced by anyone against the City of Oak Creek as a result of alleged injuries or wrongful death as a result of the condition of the work site or any other condition related to this project.
BE IT FURTHER RESOLVED that in order to guarantee said workmanship and materials on the detention basin construction for a period of 12 months after the acceptance of the work, the performance or contract bond, which has been made a part of the contract, shall be in effect until 12 months after the passage of the resolution.
BE IT FURTHER RESOLVED that the City, through its proper officials, issues its voucher in the sum of $3,851.88 to the Contractor in full and final payment of the City’s obligations under this contract.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 5th day of July, 2005.
Passed and adopted this 5th day of July, 2005.
___________________________________
President, Common Council
Approved this 5th day of July, 2005.
___________________________________
Mayor, City of Oak Creek
ATTEST:
__________________________ VOTE: AYES ______ NOES ______
City Clerk
T:\Shared\WPFILES\CCREPORT\2005\00037 Final Payment.doc