City of Oak Creek

Common Council Report

 

Meeting Date:  09/05/06

 

Item No.: 18   

 

Recommendation:  That the Common Council approve Resolution No. 10669-090506, accepting the workmanship and authorizing final payment to Musson Brothers, for Project Nos. 04008 and 05026.  These projects involved the installation of storm sewer improvements in S. Shepard Avenue and at St. John’s Estates (5th and 6th Aldermanic Districts).

 

Background:  These projects were authorized by the Common Council as part of the Capital Improvement Program, and were awarded on August 1, 2005.

 

Fiscal Impact:  Final payments of $4,355.55 (04008) and $4,926.79 (05026) are to be paid with CIP provided funding.

 

Prepared by:

 

 

 

J. John Ozolins

Senior Engineering Technician

Respectfully submitted,

 

 

 

Patrick DeGrave

City Administrator

 

Approved by:

 

 

 

Wayne St. John, P.E.

City Engineer

 

 

 

Fiscal review by:

 

 

 

Beverly A. Buretta, CMC

City Clerk

 

 

 

 

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RESOLUTION NO. 10669-090506

 

BY:________________________________________

 

RESOLUTION ACCEPTING THE WORKMANSHIP OF

MUSSON BROTHERS

AND AUTHORIZING FINAL PAYMENT

 

S. SHEPARD AVENUE & ST. JOHN’S ESTATES

 

PROJECT NOS. 04008 & 05026

 

(5TH AND 6TH ALDERMANIC DISTRICTS)

 

WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and Musson Brothers, hereinafter referred to as the contractor, entered into a contract whereby the Contractor agreed to perform certain public works under Project Nos. 04008 and 05026 for the installation of storm sewer improvements in the City of Oak Creek, in accordance with plans and specifications prepared by the City Engineer for the agreed price of $129,494.00 (04008) and $93,299.00 (05026); and,

 

WHEREAS, said total final contract price has been determined to be $131,510.96 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 sums of $4,355.55 (04008) and $4,926.79 (05026).

 

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 storm sewer installation 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 vouchers in the sum of $4,355.55 (04008) and $4,926.79 (05026) 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 September, 2006.

 

Passed and adopted this 5th day of September, 2006.

 

 

                                                                                                                                                                                                                                                ___________________________________

                                                                                    President, Common Council

 

 

Approved this 5th day of September, 2006.

 

                                                                                                                                                                                                                                    ___________________________________

                                                                                    Mayor, City of Oak Creek

 

 

ATTEST:

 

 

__________________________                                VOTE:    AYES ______  NOES ______

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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