City of Oak Creek

Common Council Report

 

Meeting Date:  February 6, 2007

 

Item No.:        

 

Recommendation:  That the Common Council approve Resolution No. 10731-020607, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc, for Project Nos. 04011 – 04019 and 05012 - 05018.  These projects involved the installation of street improvements in various locations citywide under the 2004 and 2005 street paving programs (All Aldermanic Districts).

 

Background:  These projects were authorized by the Common Council as part of the Capital Improvement Program, and were awarded on May 18, 2004 (2004 Paving Projects) and May 17, 2005 (2005 Paving Projects).

 

Fiscal Impact:  Final payment of $37,918.52 ($34,418.52 - 2004 Projects and $3,500 - 2005 Projects) is to be paid with CIP and/or Utility provided funding, as applicable.

 

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

 

 

 

 

 

 

 

RESOLUTION NO. 10731-020607

 

BY:________________________________________

 

RESOLUTION ACCEPTING THE WORKMANSHIP OF

PAYNE & DOLAN, INC.

AND AUTHORIZING FINAL PAYMENT

 

VARIOUS LOCATIONS CITY WIDE

2004 & 2005 ASPHALT PAVING PROJECTS

 

(2004 Paving Projects) 04011-04019

(2005 Paving Projects) 05012-05018

 

(ALL ALDERMANIC DISTRICTS)

 

WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and Payne & Dolan, Inc., hereinafter referred to as the contractor, entered into a contract whereby the Contractor agreed to perform certain public works under Project Nos. 04011 – 04019 and  05012 - 05018 for the installation of street improvements in the City of Oak Creek, in accordance with plans and specifications prepared by the City Engineer for the agreed price of $1,584,221.08 ($1,042,849.13, 2004 Projects & $541,371.95, 2005 Projects); and,

 

WHEREAS, said total final contract price has been determined to be $1,605,460.05 ($1,066,362.12, 2004 Projects & $539,098.45, 2005 Projects) 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 $37,918.52 ($34,418.52, 2004 Projects & $3,500, 2005 Projects).

 

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 street improvements 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 $37,918.52 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 6th day of February, 2007.

 

Passed and adopted this 6th day of February, 2007.

 

                                                                                                                                                                                                                                                ___________________________________

                                                                                    President, Common Council

 

Approved this 6th day of February, 2007.

 

                                                                                                                                                                                                                                                ___________________________________

                                                                                    Mayor, City of Oak Creek

 

 

ATTEST:

 

 

__________________________                                VOTE:    AYES ______  NOES ______

City Clerk