City of Oak Creek

Common Council Report

 

Meeting Date: December 16, 2003

 

Item No.:         19

 

RECOMMENDATION:  That the Common Council approve Resolution No. 10321-121603, accepting the workmanship and authorizing final payment to Willkomm Excavating & Grading for Project Nos. 98036 and 00024.  These projects involved the replacement of box culverts in S. 10th Avenue and E. County Line Road  (5th Aldermanic District).

 

BACKGROUND:  These projects were authorized by the Common Council as part of the Capital Improvement Program, and were awarded on August 20, 2002.

 

FISCAL IMPACT:  Final total payment of $3,000.00 ($1,500.00 for 98036 and $1,500.00 for 00024) is to be paid with Capital Improvement provided funding.

 

Prepared by:

 

 

 

J. John Ozolins

Senior Engineering Technician

Respectfully submitted,

 

 

 

Robert L. Kufrin

City Administrator

 

Approved by:

 

 

 

Wayne St. John, P.E.

Director of Public Works

 

Fiscal review by:

 

 

 

Beverly A. Buretta, CMC

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S:\CLERK\COMMON COUNCIL AGENDAS\2003\12-16\98036 & 00024 Final Payment.doc

RESOLUTION NO. 10321-121603

 

BY:________________________________________

 

RESOLUTION ACCEPTING THE WORKMANSHIP OF

WILLKOMM EXCAVATING & GRADING

AND AUTHORIZING FINAL PAYMENT

 

S. 10th AVENUE & E. COUNTY LINE ROAD

BOX CULVERT REPLACEMENTS

 

PROJECT NOS. 98036 AND 00024

 

(5th ALDERMANIC DISTRICT)

 

WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and Willkomm Excavating & Grading, hereinafter referred to as the contractor, entered into a contract whereby the Contractor agreed to perform certain public works under Project Nos. 98036 and 00024 for the replacement of box culverts in the City of Oak Creek, in accordance with plans and specifications prepared by the City Engineer for the agreed price of $114,820.80 ($62,764.25 (98036) and $52,056.55 (00024); and,

 

WHEREAS, said total final contract price has been determined to be $103,788.43 ($58,175.93 for 98036) and ($45,612.50 for 00024) 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 $3,000.00 ($1,500 for 98036 and $1,500.00 for 00024).

 

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 box culvert replacement 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 $3,000.00 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 16th day of December, 2003.

 

Passed and adopted this 16th day of December, 2003.

 

 

                                                                                                                                                                                                                        ___________________________________

                                                                        President, Common Council

 

 

Approved this 16th day of December, 2003.

 

 

 

                                                                                                                                                                                                                        ___________________________________

                                                                        Mayor, City of Oak Creek

 

 

ATTEST:

 

 

__________________________                    VOTE:    AYES ______  NOES ______

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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