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HomeMy WebLinkAboutRES 05-169 RESOLUTION NO. 05-169 I WHEREAS, bids were received for a post-tension concrete tennis court resurfacing at Central Park; and, WHEREAS, Courts-N-Stuff, Brookshire, Texas, submitted a bid in the amount of $104,936; and, WHEREAS, City Council is of the opinion that the bid submitted by Courts-N-Stuff, Brookshire, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Courts-N-Stuff, Brookshire, Texas, in the amount of$104,936 for a post-tension concrete tennis court resurfacing at Central Park be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of August, 2005. UM it w i - Mayor m Audwin Samuel - IN~ INTER-OFFICE MEMORANDUM oftem City of Beaumont,Texas 'Ma c Internal Services Department Date: June 14,2006 To: Rose Ann Jones, City Clerk From: Brenda Dean,Administrative Assistant Subject: Central Park Tennis Court Construction Project COMMENTS Attached for permanent record are the following documents pertaining to the above referenced project: 1) one (1) fully executed Certificate of Substantial Completion, 2) Warranty/Affidavit/Lien Release, 3) Consent of Surety to Final Payment, 4) Power of Attorney. If you have any questions,please do not hesitate to call. /bd Attachment cc: Brenda Beadle, Purchasing Lewis Hiltpold, Parks &Property Services C:':14tumenls aM SesinysVrmxlarMy Iwtumerns W PIXK'W'unslruCl.PmjeasK'emnl Part Tennis CouMV'Itr4 Mtmu-Esec Cen of Sub Cwnpl{'emml P4"rtnnis Cuans.wpl V Dq INTER-OFFICE MEMORANDUM City of Beaumont, Texas Internal Services Department Date: June 13,2006 To: Kyle Hayes, City Manager From: Brenda Beadle, Purchasing Manager Subject: Central Park Tennis Courts On August 2,2005,by Resolution No.05-169,City Council awarded the original contract for a post-tension tennis court resurfacing at Central Park to Courts-N-Stuff,Brookshire,Texas. The contract was awarded to Courts-N-Stuff in the amount of$104,936. Attached for your review and approval is the Certificate of Substantial Completion for the above referenced project. This Certificate designates April 18, 2006 as the date of warranty commencement. This was determined after an inspection of the project by the Building Services Project Planner,the project engineer, and representatives from Courts-N-Stuff. As a result of this inspection, the project was determined to be substantially complete. All items which were in need of final completion or correction have been completed by the contractor. Your signature on the attached certificate will signify your acceptance and approval. If you require any additional information,please call. BB:bd Attachments CAD --na MSatingsWrenda\My Docu U\WPD0CSCm t.Pm.WC-,1 Park Tm,is Courts\Mem Mp-E,e.w Cato(Sub CanplC,nl IPk Tennis Court pd 1 � A 1A Document G704 TM - 2000 Certificate of Substantial Completion PROJECT: PROJECT NUMBER:04-419/ OWNER: (Name and address): CONTRACT FOR:General Construction ARCHITECT: City of Beaumont New Tennis Courts CONTRACT DATE:August 18,2005 640 South 4th Street CONTRACTOR: Beaumont Texas FIELD:❑ TO OWNER: TO CONTRACTOR: (Name and address): (Name and address): OTHER:❑ City of Beaumont Courts-N-Stuff 801 Main P.O.Box 158 Beaumont,Texas 77701 Brookshire,Texas 77423 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: New tennis courts at Central Park The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge,information and belief, to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate,which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: Warranty Date of Commencement Material and Workmanship(One ye pril 18,2006 Sigma Engineers,Inc. ARCHITECT DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective:$o.00 The Contractor,will complete or correct the Work on the list of items attached hereto within Zero(0)days from the above date of Substantial Completion. Courts-N-Stuff � 0,Iv Y CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (time)on April 18,2006(date). l City of Beaumont OWNER BY DATE The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be as follows: (Note:Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) AIA Document G704TM—2000.Copyright ©1963,1978,1992 and 2000 by The American Institute of Architects. All rights reserved. Wd.eF,fMNG:This Ale Ducument is prclecled by U.S.Copyright Law and rirrnational Treaties.Unauthorized reproduction or distribution of this AIA-' Document,or 1 ray rsa*lion of€t,may ri�suit in severe civil and crimii al Penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:19 on 05/25/2006 under Order No.1000197340_1 which expires on 9/9/06,and is not for resale. User Notes: (1190475633) courts® - Courts & Tracks for Texas Schools & Parks P.O. Box 15 8, Brookshire, Texas 77423,Phone & Fax 281-578-9906 Letter of Transmittal June 7, 2006 To: Terri Sigma Re: Tennis Courts for City of Beaumont Terri, Enclosed please find two originals and one copy of the certificate of completion. The truth is I mistakenly signed one where the City of Beaumont folks were to sign so I kept that one. The other two are presumably for the City and Sigma. I really don't need one as I have already submitted the consent of surety to final payment and have been paid in full as a result of Ms. Dean's magic. If you feel you must we will accept the copy. Hang in there kid and don't let the monkeys get all your peanuts. Signed,, Robin Melton,Proprietor JUN-5-2006 17:49 FROM:SIGMR ENGINEERS INC 409 898-3420 TO:8803747 P.4/9 COURTS-N-S F.O.Box 158 535 Purdy Street, Brookshire,Texas 77423 Phone dt Fax 281578-9906 WARRANTY/AFFIDAVIT/LEIN RELEASE To:The City of Beaumont,Texas Re:New Tennis Courts at Central Park WARRANTY We warrant that the above referenced project was completed per the contract documents_We further warrant that the project shall be free of defects in material and/or workmanship for a period of one year from date of completion. There are no subcontractor or supplier warranties that exceed this warranty. AFFIDAVIT We warrant that all materials, services and labor furnished to Courts-N-Stuff has been paid for in full and the above referenced project can not be made subject to a valid lein or claim by anyone who furnished materials,labor or services to Courts-N-Stuff for use in the project. LEIN RELEASE This release is given in order to induce payment of Fifty Two Hundred,Forty Six and 80/10013ollars($5,246.80). The owner may materially rely on the accuracy and completeness of the enclosed final request for payment and in consideration thereof we agree that receipt of payment pursuant to the enclosed request for payment shall constitute a release of The City of Beaumont,Texas,and all affiliates,parent companies,board members, partners,sureties, vendors,sub-contractors,owners,managers,employees et al of any further claim or liability relating to the above referenced project to date. r' Given under hand and seal this 1p�day of 200le 6 Robin R.Melton Construction dba Court Stuff by Robin elt Proprietor Sworn to and subscribed before me this � day of � 2004'6 ��4 \ D+P, FIOHOLLAH A.SEDDlQ Notary Pub is NOTARY PUBLIC STATE OF TEXAS 4W My Comm.Exp. 12-15-07 JUN-5-2006 17:49 FROM:SIGMA ENGINEERS INC 409 898-3420 TO:eeO3747 P.5/9 CONTINENTAL CASUALTY COMPANY 5151 San Felipe St. Houston, TX 77056-3607 OWNER ❑ CONSENT OF SURETY ARCHITECT ❑ CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ _ OTHER ❑ BOND NO.: 929365804 TO OWNER: City of Beaumont ARCHITECT'S PROJECT NO.: (Name and Address) P.o.Box 3827 Beaumont,TX 77704 CONTRACT FOR: City of Beaumont,Texas PROJECT: CONTRACT DATED: (LVame and Address) Central Park Ncw Tennis Courts 640 Fourth Street Beaumont,TX In accordance with the provisions of the Contract between the Owner acid the Contractor as indicated above,the (Tnsert name and address of Surety) Continental Casualty Company, 5151 San Felipe St., Houston, TX 77056-3607 ,SURETY, on bond of (Insert none and address of Contractor) Courts-N-Stuff, P.O. Box 76 1., Brookshire, TX 77423 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contact shall not relieve the Surety of any of its obligations to (Tnseri name and address of Owner) Cityof Beaumont, P.O. Box 3827, Beaumont,TX 77704 OWNER, as set forth in said Surety's bond. TN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: April 19,2006 (Insert in writing the month followed by the numeric date and year) Continental Casualtv Com an (Surety) (Signature of auth ized 6representr4lve) Attest: Gary F Banks,Attorney---Fact (Seal): (Printed name and title) Form G707—1994 730006 JUN-5-2006 17:50 FROM:SIGMA ENGINEERS INC 409 898-3420 TO:eeO3747 P.6/9 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Bond No . 929365804 Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint J R Mitchell,Henry D Childers,Ken Kapelka,Gary F Banks,J Boyce Love,Michael W Turner,William Lewis Kottwitz Jr.,James Byron Kottwitz,Individually of Houston,TX,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 1st day of March,2006. r,AS >wsua� a Continental Casualty Company National Fire Insurance Company of Hartford ooNOa�r� S�FOpoyr�C a American Casualty Company of Reading,Pennsylvania .T My u, °v SEAL r . I9a2 1197 HAIt�" • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this Ist day of March,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' MARIA M.MEDP A j ) • v C IUalk,.lt•N of 1150 .C. i�M,Cann�iaion liri••111 N00 • . My Commission Expires March 15,2009 ^Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hercby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 19th day of April 2006 CASU44 ra Continental Casualty Company cA National Fire Insurance Company of Hartford ooMalarrr '�,reotrat�aro a American Casualty Company of Reading,Pennsylvania s MY n. � SM 1197 HAttgr Mary A.R16ikaQkis Assistant Secretary Form F6853-11/2001 JUN-5-2006 17:51 FROM:SIGMA ENGINEERS INC 409 898-3420 TO:8803747 P.7/9 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 929365804. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944