Ordinance No. 15,660ORDINANCE NO.15,660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,ACCEPTING THE DRAINAGE IMPROVEMENTS FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
FUNDED (CDBG-bR),LINCOLN CEDARS AND JULIA ANN VILLA
DRAINAGE IMPROVEMENT PROJECT;AUTHORIZING FINAL PAYMENT
OF THE SUM OF NINETY-NINE THOUSAND THREE HUNDRED TWENTY-
SEVEN AND 03/100 DOLLARS ($99,327.03)TO MAR-CON SERVICES,LLC.,
FOR SAID PROJECT;AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS,the City of Baytown contracted with Mar-Con Services,LLC.,for
Community Development Block Grant Disaster Recovery Funded (CDBG-DR),Lincoln Cedars
and Julia Ann Villa Drainage Improvement Project (the "Project");and
WHEREAS,all of the said improvements,as provided in the plans and specifications
heretofore prepared by the City's engineer and as approved and adopted by the City Council,have
been performed and completed in full accordance with all of the tenns and conditions of the
aforesaid contract;and
WHEREAS,the City's engineer,in the manner provided by the terms of the said contract
and the plans and specifications tliereof,has approved the Project,has heretofore issued his
Certificate of Final Acceptance,has certified same to the City Council, and has recommended that
it accept and receive said work and improvements as constructed and completed by the contractor;
and
WHEREAS,there remains due and owing to Mar-Con Services,LLC.,the sum of
NINETY-NINE THOUSAND THREE HUNDRED TWENTY-SEVEN AND 03/100 DOLLARS
($99,327.03).NOW,THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council hereby accepts and approves the above-described work
and improvements, and finds and detennines that all of said improvements have been completed
as provided in the plans and specifications thereof,and in full accordance with all of the terms and
provisions of the aforesaid contract.
Section 2:That the Certificate of Final Acceptance heretofore issued by the City's
engineer and certified to the City Council is hereby accepted and received.
Section 3:That final payment to Mar-Con Services,LLC., the sum of NINETY-NINE
THOUSAND THREE HUNDRED TWENTY-SEVEN AND 03/100 DOLLARS ($99,327.03)is
hereby authorized.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
PROJECT:
OWNER Project
Address:P.O. No.
Original Contract Time 180 days
ATTN:Current Approved Extensions + or -days
Previous Approved Extensions + or -270 days
Estimate No: 12 Ret.Total Contract Time 450 days
Start Date: 11-Jan-22 Spent Days 450 days
Current Contract Completion Date:9-Aug-23 Days Remaining 0 days
Estimate Cut Off Date: 12-Sep-23
Date of Estimate: 12-Sep-23 Rain Days To Date days
Percent Work Completed:100.00 %100.00%%
A. Contract Amount to Date:
1. Contract Price:
Date Amount
2. Approved Change Orders:2/17/2023
8/7/2023
Total Changes to Date:2 + or -
Total Contract Amount:
B. Earnings to Date:
1. Previous Work Completed:100.00 %Previous Earnings:
2. Work Completed this Period:0.00 %Earnings This Period:
Total Earnings:
Plus:
3. Materials on Site:
C. Reductions:
1. Retainage of Complete Work:of
2. Retainage of Stored Materials:0.00%of
Total Payments Due:
Less Previous Payments:
Total Amount Due Contractor This Estimate:
Prepared By:Date:
Contractor:
The foregoing estimate of work completed is true and correct to the best of my knowledge and belief.
Agreed:Date:
Construction Manager:
Approved by:Date:
Engineer:
Approved by:Date:
Project Manager:
Approved by:Date:
Asst Director,CIP Public Works & Engineering
Approved by:Date:
Director of Public Works & Engineering
$99,327.03
The undersigned Contractor certifies that to the best of his knowledge, information, and belief that the Work has been completed in
accordance with the Plans and Specifications and the current payment shown on this Application for Payment is now due.
CITY OF BAYTOWN
2401 Market Street
Baytown, TX 77520
$0.00 $0.00
$0.00 $0.00
$1,986,540.69
$1,887,213.66
$1,986,540.69
$1,986,540.69
$0.00
$1,986,540.69
Earnings + Materials on site $1,986,540.69
$1,792,161.90
$44,243.77
$150,135.02
$194,378.79
CONTRACTOR
Address 1
City State Zip
Phone
Percent Time Used:
DR2004
2201416
Lincoln Cedars and JV
Estimate and Certification for Payment
Construction 1 of 1 D27 Revised 2022
09/12/2023
0.00%
21-Nov-23
22-Nov-23
2023.11.22
11/28/2023
11-28-23
Mar-Con Services, LLC.
1410 Preston Rd. Suite H
Pasadena, TX 77503
(713)473-1800
Lincoln Cedars and Julie Ann Villa Drainage
Construction 1 of 1 D31. Revised 9/20
CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE
CDBG-DR Lincoln Cedars and Julie Ann Villa Drainage Improvement Project DR004
OWNER: City of Baytown CONTRACTOR: Mar-Con Services LLC
2123 Market Street 1410 Preston Rd
Baytown, Texas 77520 Pasadena TX 77503
A Final Completion inspection of the captioned project was conducted September 30th 2023, and the work
appeared to be complete in accordance with the Plans and Specifications, and in accordance with the
agreement made between the City of Baytown and Grand Parkway Infrastructure, LLC. The City of
Baytown accepts the work of this contract as complete and final.
In accordance with the terms and conditions of the Contract, the Contractor is notified that the required
Maintenance Bond shall remain in effect for a period of one year from the date of Substantial Completion
in this instance April 11th 2023.
The City shall conduct a One Year Walk-through on or before the anniversary date of the substantial
completion of the project and shall generate a list of all non-conforming work requiring correction at that
time. The contractor shall attend this Walk-through and receive this list and correct all items within thirty
days, or as otherwise agreed, per the terms of the original contract.
Approved for Owner: Recommended by Ruben. Q De La Rosa, PE:
CITY OF BATYOWN Costello, Inc
By: _________________________ By: __________________________
Date: ________________________ Date: _________________________
Approved for Contractor: Recommended by Construction Manager:
Mar-Con Services LLC Freeze and Nichols LLC, Scott Nevotti
By: __________________________ By: __________________________
Date: _________________________ Date: ________________________ 11/22/2023
2023.11.27 11/22/2023
11/27/2023
Construction 1 of 2 D30 Revised 2016
CERTIFICATE OF SUBSTANTIAL COMPLETION
04/11/2023
CITY OF BAYTOWN
CDBG-DR Lincoln Cedars and Julie Ann Villa Drainage Improvement Project
DR2004
OWNER: City of Baytown CONTRACTOR: Mar-Con Services, LLC
2123 Market Street 1410 Preston Rd, Suite H
Baytown, Texas 77520 Pasadena, TX 77503
A substantial completion inspection of the captioned project was conducted on April 11th 2023,
and the Project was found to be substantially complete in accordance with the Plans and
Specifications, and in accordance with the agreement made between the City of Baytown and
Mar-Con Services, LLC.
In accordance with the terms and conditions of the Contract, the Contractor is notified that he
shall furnish the City with the required Maintenance Bond for a period of one year from the date
of this certification. Contractor shall notify Costello Inc, in writing, when the list of incomplete
and unaccepted work items has been completed and/ or corrected and are ready for re-inspection.
Contractor shall submit to the Costello Inc, prior to final acceptance of the Work, his field record
set of drawings for the Costello Inc’s use in producing the Project Record Drawings.
DEFINITION OF COMPLETION OF THE WORK
The term “substantially completed,” as used in this Contract, means that the structure or project
contemplated by the contract documents has been made suitable for use or occupancy or the
facility is in a condition to serve its intended purpose, but shall require minor miscellaneous work
and adjustment. (00700 1.09)
A list of all items remaining to be completed or corrected is appended hereto. All such work
shall be completed or corrected to the satisfaction of the Owner within 30 calendar days after the
above Substantial Completion date; otherwise, the Contractor does hereby waive any and all
claims to all monies withheld by the Owner under the contract to cover the value of all such
uncompleted or uncorrected items.
Approved for Owner: Recommended by Ruben. Q De La Rosa, PE:
CITY OF BAYTOWN Costello, Inc
By: _________________________ By: __________________________
Date: ________________________ Date: _________________________
The Owner accepts the Project as substantially complete and will assume full possession of the
Project at 5:00 p.m. on April 11th 2023. The Owner will assume the responsibility for utilities,
security, and insurance under the Contract Documents after the aforementioned date.
2023.11.27 11/22/2023
Construction 2 of 2 D30 Revised 2016
Approved by Contractor: Recommended by Construction Manager:
Mar-Con Services, LLC Freese and Nichols, Inc, Scott Nevotti
By: __________________________ By: __________________________
Date: _________________________ Date: ________________________
The Contractor hereby accepts the above Notice of Substantial Completion and agrees to
complete and correct all of the items on the appended list within 30 days or waives any and all
rights to any monies withheld therefore.
11/22/202311/27/2023