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15-Contract closeout with Intercon Construction Co.CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07/20/09 Council Date: City Council Shawn Napier, P.E. 15. 07/27/09 RECOMMENDED MOTION: Deliberate and act on a resolution to close the contract with Intercon Construction Co., Inc. for the tear down and removal of Case Bonita apartments; authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Contract closeout BACKGROUND: The project is now complete, we have paid the last invoice and all that remains is to close out the contract and pay the retainage ($27,909.80). The original contract amount was $558,196.00 and the project had no change orders. At the last meeting there was some discussion about what the contractor was responsible for in the contract, the contract reads as follows: "CONCRETE REMOVAL: After demolition of the remaining buildings, there will be numerous building slabs (approximately 29) and parking lots and associated driveways on the property. All bidders should additionally bid the cost of breaking up and removing all slabs, parking lots, and driveways from the property". The contractor's scope of work did not contain leveling the lot after removal. The City's abatement crew was on site July 201" to shred the lot and remove any remaining concrete or bricks found on the lot. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $601,486.53 ❑ Public Hearing ❑ Other Acct. Name Casa Bonita Demolition Acct. Number 11-0329-40-00 FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 . 000086 DRAFT attorney\reswork\current\Intercon Demolirion Contract - Final Pmt & Release 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF THE BUILDINGS AT THE CASA BONITA APARTMENT COMPLEX LOCATED AT 7TH STREET NW AND HENDERSON STREET IN THE CITY OF PARIS TO INTERCON CONSTRUCTION COMPANY, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of September, 2008, in Resolution No. 2008-078, award the contract for the demolition and disposal of structures at the Casa Bonita Apartment Complex located in the City of Paris to Intercon Construction Company, Inc. of Garland, Texas; and, WHEREAS, the City Engineer, Shawn Napier, acting as project engineer, recommends the final payment and the closing of the contract for said project based upon the completion of said demolition project; and, WHEREAS, the final payment to Intercon Construction Company, Inc. and the closing of said construction contract should, in all things, be approved and the City manager should be authorized to execute any necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the closing of the contract for the demolition and disposal of structures at the Casa Bonita Apartment Complex and final payment be made to Intercon Construction Company, Inc., be, and the same is hereby, approved upon receipt of an executed Final Payment and Release of All Claims Affidavit by Intercon. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, any necessary documents. Section 4. That this resolution shall be effective from and after the date of passage. - 0OCfl8i PASSED AND APPROVED this 27th day of July, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, Ciry Attorney 000088