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File #: 24-1570    Version: 1
Type: Consent Agenda Status: Tabled
File created: 8/2/2024 In control: City Council
On agenda: 1/28/2025 Final action:
Title: Consideration for approval of the Fasken Community Center Tree House Project as complete by Studio Cortes, LLC. The final completion date was May 31, 2024 in accordance with the terms and conditions under contract. However, the contract time was increased by 15 days due to rain days and City Holidays, and actual work was completed on August 2, 2024 for an overall of 48 calendar days of liquidated damages at $200.00 per day for a total amount of $9,600.00. Original contract amount is $54,016.00, and final payment to Studio Cortes, LLC is $44,416.00. Funding is available in the District VII priority fund and Capital Improvement Fund. Contingent on the approval of File 24-1564.
Attachments: 1. City Form Letter- Project Completion 2024.10.23, 2. 2024.10.24 Fasken Community Center Tree House - Final Report

SUBJECT

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Consideration for approval of the Fasken Community Center Tree House Project as complete by Studio Cortes, LLC. The final completion date was May 31, 2024 in accordance with the terms and conditions under contract. However, the contract time was increased by 15 days due to rain days and City Holidays, and actual work was completed on August 2, 2024 for an overall of 48 calendar days of liquidated damages at $200.00 per day for a total amount of $9,600.00. Original contract amount is $54,016.00, and final payment to Studio Cortes, LLC is $44,416.00. Funding is available in the District VII priority fund and Capital Improvement Fund.  Contingent on the approval of File 24-1564. 

 

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PREVIOUS COUNCIL ACTION

On December 2, 2024, City Council approved through a motion Staff Report Item 77 - Discussion with possible action to accept and approve the Fasken Community Center Treehouse review by Internal Audit.

On December 2, 2024, City council approved through a motion Executive Session Item 84 - Request for Executive Session under Texas Government Code 551.071(1)(A) to discuss potential litigation concerning the Fasken Treehouse Project, and any other matter incident thereto.

On November 18, 2024, City Council tabled through a motion Item 33 - Consideration for approval of the Fasken Community Center Tree House Project as complete by Studio Cortes, LLC. The final completion date was May 31, 2024 in accordance with the terms and conditions under contract. However, the contract time was increased by 15 days due to rain days and City Holidays, and actual work was completed on August 2, 2024 for an overall of 48 calendar days of liquidated damages at $200.00 per day for a total amount of $9,600.00. Original contract amount is $54,016.00, and final payment to Studio Cortes, LLC is $44,416.00. Funding is available in the District VII priority fund and Capital Improvement Fund. Contingent on the approval of File 24-1564.

On October 28, 2024, City Council tabled through a motion Item 53, Consideration for approval of the Fasken Community Center Tree House Project as complete by Studio Cortes, LLC. The final completion date was May 31, 2024 in accordance with the terms and conditions under contract. However, the contract time was increased by 15 days due to rain days and City Holidays, and actual work was completed on August 2, 2024 for an overall of 48 calendar days of liquidated damages at $200.00 per day for a total amount of $9,600.00. Original contract amount is $54,016.00, and final payment to Studio Cortes, LLC is $44,416.00. Funding is available in the District VII priority fund and Capital Improvement Fund. Contingent on the approval of File 24-1564.

On April 2, 2024 City Council tabled through a motion Item 33 - Ratification of the agreement with Studio Cortes, LLC. In the amount not to exceed $54,016.00 for the completion of Fasken Tree House in accordance with established terms and conditions. The final completion date for this project is May 31, 2024, and no extension of time will be granted. In the event that the project is not completed on time, Studio Cortes will be responsible to pay liquidated damages in the amount of $200.00 for each consecutive calendar day after this deadline. Funding is available in the District VII priority fund and Capital Improvement Fund.

On March 18, 2024 City Council tabled through a motion Item 48 - Ratification of the agreement with Studio Cortes, LLC. In the amount not to exceed $54,016.00 for the completion of Fasken Tree House in accordance with established terms and conditions. The final completion date for this project is May 31, 2024, and no extension of time will be granted. In the event that the project is not completed on time, Studio Cortes will be responsible to pay liquidated damages in the amount of $200.00 for each consecutive calendar day after this deadline. Funding is available in the District VII priority fund and Capital Improvement Fund.

On January 22, 2024, City Council tabled through a motion Item 29 - Consideration for approval of Fasken Community Center Pool & Amenities Project, including the tree house and water feature project as complete, approval of change order No.3, a total decrease of $65,277.43 to balance quantities, release of retainage, and approval of final payment in the amount of $44,240.75 to Celso Gonzalez Construction, Inc., Mission, Texas. The final construction contract amount is $512,231.17. Funding is available in the Capital Improvement Fund and 2019 CO Bond.

 

BACKGROUND

The project consists of:
• Reinforced Concrete Tree House constructed by artist Studio Cortes, LLC.

 

COMMITTEE RECOMMENDATION

N/A

 

STAFF RECOMMENDATION

recommendation

Approval of this motion.

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Fiscal Impact

 

Fiscal Year:                                                                                                          2024

Budgeted Y/N?:                                                                                    Y

Source of Funds:                                                                                     CIP & 2019 CO BOND

Account #:                                                                                                          402-3118,402-4311,473-3118

Change Order: Exceeds 25% Y/N:                      N

 

FINANCIAL IMPACT:

Funding is available in the Capital Improvement Fund accounts 402-3118-555-9301, 402-4311-535-9301 and 473-3118-555-9301 with Project #D71830.