HomeMy WebLinkAboutResolution No. 86-19 CITY OF THE COLONY, TEXAS
RESOLUTION NO. ~'1~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS MAKING FINDINGS REGARDING THE CUR-
RENT STATUS OF THE CITY'S CONTRACT WITH TELAMON
CONSTRUCTION SERVICES, INC. FOR CONSTRUCTION OF THE
COLONY AQUATIC PARK; AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ISSUE A LETTER REGARDING THE CUR-
RENT STATUS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the "City") has heretofore
entered into a contract (the "Contract") with Telamon Construction Services,
Inc. ("Telamon") on December 16, 1985 for the construction of The Colony
Aquatic Park; and
WHEREAS, after the letting of the Contract, a number of change orders
have been submitted and approved by the City Council; and
WHEREAS, the Contract and related documents require Telamon to
secure and provide for the benefit of the City and Telamon's subcontractors a
performance bond and a payment bond, neither of which have been submitted or
provided by Telamon; and
WHEREAS, having failed to provide such performance and payment bonds
as required by the Contract, the principals of Telamon submitted to the City a
personal Guaranty Agreement relative to the Contract, which Guaranty
Agreement the City has relied and is relying upon for the performance of ail
terms, agreements and obligations of the Contract, including the payment by
Telamon of all subcontractors; and
WHEREAS, the specified completion date called for and required in the
Contract was May 27, 1986; and
WHEREAS, the City's architect concluded that construction on The
Colony Aquatic Park had been substantially completed on May 31, 1986, after
which date the City took possession of the same; and
WHEREAS, the Contract provides for liquidated damages in the amount of
$750.00 per day for each day past the specified compIetion date that The Colony
Aquaticl Park has not been substantially completed, there being therefore
$3,000.00 in liquidated damages under the Contract; and
WHEREAS, the City has made an ongoing effort to work with Telamon to
complete all of the terms, agreements and obligations set forth in the Contract,
but has been unabIe to obtain final completion of the same; and
WHEREAS, the City has received numerous claims from subcontractors in
relation to the construction of the Aquatic Park, as follows:
Subcontractor Amount of Claim
AlIied Fence Co. $4,800.00
Glenn A. O'Banion 2,733.00
Colony Hardware 1,163.19
Homebuilders Ready Mix 3,913.00
Intercity EIectric, Inc. 12,113.71
Strawn Rentals 14,080.61
Power Concepts 11,261.24
Lattimore Materials 1,729.00
Overhead Door Co. 6,390.00
R.J. DeWees & Son, Inc. 5,078.00
Tarrant Building Specialties 5,015.44
U.S. Southland Supply Co. 4,233.80
Pioneer Metal Specialties, Inc. 4,453.00
Wayne Kelly & Associates 64,868.00
Total Subcontractors' Claims $141,831.99
and
WHEREAS, there remain a substantial number of items not yet completed
by Telamon as required by the Contract, and items that have been completed but
have become nonfunctional or unsatisfactory and which are items which are
under warranty, as follows:
A. Items to be completed as required by the Contract and cost of
completion:
1. Side mount one meter diving board - $7,000.00;
2. Depth markers - markers in the wrong location (one-half foot
short); no horizontal depth markers in the tile coping; no shallow end sign in the
tile indicating "no diving" - $3,000.00;
3. Vanity in restrooms have pulled away from the wall and have no
floor support - $300.00;
4. Eyebolt for chains between bollards not installed pursuant to
Contract specifications - $1,000.00;
5. Deck - not properly constructed; pools of water on deck surface -
$20,000.00.
B. Items which have become nonfunctionaI or unsatisfactory and
which are under warranty:
1. Gas chlorinator pump:
(a) No vacuum Iine gauge to measure in inches and/or pressure gauge
to measure in pounds the outgoing discharge;
(b) Pump does not work automatically;
(c) No closure valve to isolate vacuum;
(d) Shaft on pump is not true;
(e) Filter and pump fill up with milky paste which halts venturi action;
2. Natatorium Pump:
(a) Constant PVC pipe leak;
(b) No automatic water level controller;
(c) Flow meter does not work;
(d) No pressure gauge on automatic backwash line.
3. Lagoon Pump:
(a) Pump is not level on floor and not bolted down;
(b) Large fracture has appeared at pipe junction;
(c) Large PVC pipe not supported;
(d) No automatic water level controller;
(e) No closure valve to isolate pump;
(f) Leaks in incoming water valve and in the backwash filter.
4. Wading Pool:
(a) Self-priming pump installed but not operational;
(b) Backwash site glass needs to be replaced.
5. General:
(a) Natatorium steps into pool are broken or cracked due to faulty
installation;
(b) Miracote covering in restrooms not applied properly and concrete
is showing through;
(c) Poor quality of miracoting on deck at the south end of the
natatorium deck and deck saw cuts should be caulked;
(d) Diving board anchor bolts do not match the holes drilled in the
deck;
(e) Sleeve for the handicapped lift is not correct (not deep enough);
6. Undue rusting has occurred in the following:
(a) Diving block bolts;
(b) Restroom doors;
(c) Metal fence around pool area;
(d) No key for the sanitary napkin box in women's restroom;
(e) Overhead doors need adjustment and additional weather stripping;
and,
WHEREAS, the City Council desires that all terms, agreements and
conditions of the Contract be completed and all nonfunctioning items under
warranty be repaired on or before November 1, 1986; and
WHEREAS, upon the failure to so complete the above described items and
honor the warranties on or before November 1, 1986, including the payment of
all subcontractors, the City shall consider Telamon to be in breach of the
Contract, the Contract terminated and shall withhold any and all amounts
necessary to fully complete the Aquatic Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body of this resolution as if copied in their
entirety.
Section 2. That the City Manager is hereby directed to submit a letter
to Telamon Construction Services, Inc. and all other parties with an interest in
the Contract, as determined by the City Manager, outlining the nature and the
terms of this resolution.
Section 3. That this resolution shall take effect immediately from and
after its date of passage.
PASSED AND.. APPROVED by the City Council of the City of The Colony,
Texas on this the _~{~,day of (~'T~"~E.~,.' , 1986.
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas