HomeMy WebLinkAboutPR 14759: CLEANSERVE, INC - CLEAN & TELEVISION INSPECTION OF SANITARY SEWER SYSTEM.. 6 ..
MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Steve Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations f~`~! ~D
DATE: June 3, 2008 F vCO~
SUBJECT: Proposed Resolution No. 14759
COMMENTS
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 14759 accepting a Certificate
of Completion, Contractor's Certificate and Release, and Certificate of Guarantee for the Cleaning
and Television Inspection of the Sanitary Sewer System, approving Change Order No. 1 and Final,
and approving the final payment of $32,529.50.
BACKGROUND:
This project provided for the cleaning and television inspection of sanitary sewers for our last Phase I
project and the beginning of our Phase II projects. Two line inspections were completed under this
project, yielding the best method of rehabilitation for these lines. While we discovered a couple of
major line failures, we were able to limit the scope of repairs to the failed sections, and one of the
larger projects is currently being advertised for bids, Others will be ready within the next month or
so. The change order eliminates unused bid items. The TWDB has approved this project and will
have to approve the change order and final payment.
BUDGET/FISCAL EFFECT:
Funds for this final payment aze available in account no. 426-1625-532.33-00, Project No. 426011.
STAFF/EMPLOYEE EFFECT:
None.
SUMMARY:
Approval of Proposed Resolution No. 14759 is recommended.
P.R. Na. 14759
06/03/08
RESOLUTION N'O.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, AND
CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE CLEANING
AND TELEVISION INSPECTION OF THE SANITARY SEWER SYSTEM.
APPROVING CHANGE ORDER NO. 1 AND.FINAL; AND APPROVING
FINAL PAYMENT OF $32,529.50 TO CLEANSERVE, INC., AND
AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OP
ACCEPTANCE ON BEHALF OP THE CITY OF PORT ARTHUR, TEXAS.
FUND N0. 426-1625-532.33-OQ, PR07ECT NO. 426011.
WHEREAS, the City has issued a Certificate of Completion dated May 22, 2008, copy
attached hereto and made a pari Hereof as Exhibit "A", together with a Contractor's Certificate of
Release (Exhibit "B") and Contractor's Certificate of Guarantee, both dated May 22, 2008 and
executed by Mark Robertson of C1eanServe, Ina (Exhibit "C"), certifying that the project has been
completed; and,
WHEREAS, the City of Port Arthm~'s contract amount with C1eanServe, hic. is decreased by
$ 11,095.50, making the final contract amount $32,529.50, as shown i^ Change Order No. One (1)
and Final, copy attached hereto and made a part hereof as Exhibit "D"; and,
WHEREAS, it has been recommended by the Utility Operations Department that Final
payment should be made to CleanServe, Inc., in the amount of Thirty Two Thousand Five Hundred
Twenty-nine and 50/100 Dollars ($32,529.50); NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHURr
THAT, the City Manager of the City of Port Arthur be and is hereby authorized to execute,
on behalf of the City of Port Arthur, Change Order No. One (i) and Final copy attached hereto and
made a part hereof as Exhibit "D"; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to execute, on
P.R No. -14759
06/03/08
Page 2
behalf of the City of Port Arthur, a'Certificate of Acceptance for the Cleaning and Television
Inspection of the Sanitary Sewer System, copy attached hereto and made a par[ hereof as Exhibit
"E"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of
2008 at a Regular Meeting of the~City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor
Councihnembers
NOES:
ATTEST:
Terri Hanks
City Secretary
Deloris Prince.
Mayor
APPROVED AS TO FORM:
6
C ~ _.
Mark Sokolow
City Attorney (~i.n ~~ h ~-~ ~~~
P.R. No. 14759
06/03/08
Page 3
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
i~~~~~ ,
Kelly El dge
Director of Utility Operations
APPROVED AS TO AVAILABILITY OF FUNDS:
Rebecca Underhill
Director of Finance
Account No.426-1625-532.33-00, Project No. 426011
EXHIBIT "A"
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Cleaning and Television Inspection of Sanitary Sewer System
Date of Issuance: May 22, 2008
O~~mer(s): CITY OF PORT ARTHUR
ENGINEER: CITY OF PORT ARTHUR
CONTRACTOR: C1eanServe, Inc.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specifed parts thereof:
To: CITY OF PORT ARTHUR
AND TO C1eanServe, Inc.
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance
with the Contract Documents on
Mav 22, 2008
Date of Completion
Executed by Engineer on Mav 22, 2008
sy: `moo ~ti
Engineer
EXHIBIT "B"
CONTRACTOR'S CERTIFICATE OF GUARANTEE
of Contractor)
TO: City of Port Arthur
(Local Public Agent) .
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND. ~~l{La~1~~.YU2- 1~1c.
OF
(CITY)
FOR THE
(Name of Operations)
Save to r~~
OF THE ~ T~ i n i or S rs
ame of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Cleanserve. Inc does hereby guarantee all of the
work done under the above referenced contract to be free from faulty materials in
every particular, and free from improper workmanship, ahd against injury from
proper and usual wear; and agrees to replace or re-execute without cost to the
Owner such work as may be found to be improper or impertect, and to make good
all damage caused to other work or materials, due to such required replacement or
re-execution.
2. This guarantee shall cover a period of one (1) year from the date of acceptance of
all work under this Contract, as evidenced by the (~~Qs- certificate.
3. This Certificate is given ih connection of the final payment under the contract
between the City of Port Arthur and ~J P ca h 4 rve, ~-c~c . and
with the knowledge that it will be relied upon in making such payment and that such
payment would not be made except upon the truth of the matter contained in this
affidavit.
Page 1 of 2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this a a day of (~ ~,.1 , 20~.
~~~~~ (SEAL)
~-President)
~~~5~~_
(Signature and Title of Officer)
~ l Q f k, R D{~ev-(sov, , being fiist duly swom on oath, deposes and says,
(Affiant)
first, that he is the G" ~c~ s ~ ~ e vi t of the
(Title)
G2an ~r,P, =n~.
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
of the
(Title)
of
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and swom to before me this ~~ ~ day of
20
My commission expires v,2 ~ l 7 ~v
(Date)
i11 ff,~~. a~.~
(Notary)
Page 2 of 2
EXHIBIT "C"
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ~> ~ FR ~1 S~ VU2~ 1 ~L.
e (Name of Contractor)
Public Agent)
REFERENCE CONTRACT NO. ENTERED INTO THE
DAY OF
BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND
(Name of Company)
of A I,), ~. ~x
(CITY) (STATE)
FOR THE IV 1~
(Name of Operations)
Sa~!}a*
OF THE C~eetv~~nc ~ T~1 i~s0ectivr" o~ SewcvSy y
of Project) " (Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certifies that there is due from and payable by the Local
Public Agency to the Contractor under the contract and duly approved Change
Orders and' mod cations the balance of Q 3a~Sag ,SD.
2. The undersigned further certifies that in addition to the amount set forth in
paragraph 1, there are outstanding. and unsettled the following items which he
claims are just and due and owing by the City to the Contractor;
(b)
Page 1 of 3
(~) ~~~
(d)
(Itemize claims and amounts due) (if none, so state)
The undersigned further certifies that all work require under this contract including
work required under change orders numbered ~_ has been performed in
accordance with 'the terms thereof, and that there are no unpaid claims for
materials, supplies orequipment and no claims of laborers or mechanics for unpaid
wages arising out of the performance of this contract, and that the wage rates paid
by the Contractor and all Subcontractors were in conformity with the contract
provisions relating to said wage rates.
4. Except for the amounts stated under paragraphs 1 and 2 hereof, the undersigned
has received from the City of Port Arthur all sums of money payable to the
undersigned under or pursuant to the above mentioned contract or any modification
or change thereof.
5. That in consideration of the payment of the amount stated in paragraph 1 hereof the
undersigned does hereby release the City of Port Arthur from any and all claims
arising under or by virtue of this contract, except the amount listed in paragraph 2
hereof; provided, however, that rffor any reason the City of PortArthurdoes not pay
in full the amount stated in paragraph 1 hereof, said deduction shall notaffectthe
validity of this release, but the amount so deducted shall be automatically included
under paragraph 2 as an amount which the Contractor has not released but will
release upon payment thereof. The Contractor further cert~es that. upon the
payment of the amount listed in paragraph 2 hereof, and of any amount which may
be deducted from paragraph 1 hereof, he will release the City of Port Arthur from
any and all claims of any nature whatsoever arising out of said contract or
modification thereof, and will execute such further releases or assurances as the
City of Port Arthur may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this ~ day of , 20~.
PQ,~,~fvr 1~~ • (SEAL)
(Contractor)
(Signature and Title of Officer)
Page 2 of 3
11 IGIYI< ~Oheri-SOn ,being first duly sworn on oath, deposes and says,
(Affiant)
first that he is the t'Y? S i n~ c r'~ ~ of the
(Title)
l~~~nse~u~- Sn~.
(Name of Company)
second, tha''t{{he has read the foregoing. certificate by him subscribed as
IU\ ~ of the
. ,_... .
of
Affiant further states that the matters and things stated herein are true.
(Name
(Affiant)
Subscribed and sworn to before me this ~.~ day of
'r~.~OrI
My commission expires
(Date)
(Notary)
Page 3 of 3
EXHIBIT "D"
CHANGE ORDER NO. ONE (1) & FINAL
DATE: June 3, 2008
AGREEMENT DATE: February 12, 2008
NAME OF PROJECT: Cleaning and Television Inspection of Sanitary Sewer
System
OWNER: City of Port Arthur
CONTRACTOR: CleanServe, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Adjust final quantites to:
2833 LF Clean 6"-8" pipe
3697 LF Clean 27"-30" pipe
2833 LF TV 6"-8" pipe
3697 LF TV 27"-30" pipe
Delete all other bid items.
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $43,625.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER: $43,625.00
CONTRACT PRICE due to this CHANGE ORDER will be decreased by: $11,095.50
The new CONTRACT PRICE including this CHANGE ORDER will be: $32,529.50
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 30 days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 30 days
CURRENT DATE OF COMPLETION: May 22, 2008
CONTRACT TIME due to this CHANGE ORDER will be increased/decreased: 0 days
New CONTRACT TIME including this CHANGE ORDER will be 30 calendar days
The DATE FOR COMPLETION of all work will be: May 22, 2008
No other Terms and Conditions of the Contract are changed as a result of this Change
Order: Contractor's acceptance of Change Order relives City of any liability for
additional costs incurred by Contractor in his performance of the work covered by the
Change Order..
RECOMMENDED BY: REQUESTED BY:
Engineer:
ORDERED BY:
Contractor:
CONTRATOR, OFFICER, OR OWNER
ATTEST FOR CONTRACTOR
CORPORATE SEAL
CITY OF PORT ARTHUR
ACCEPTED BY:
CITY OF PORT ARTHUR, CITY MANAGER
SECRETARY
CITY SEAL
CITY ATTORNEY
APPROVED. AS TO FORM
EXHIBIT "E"
P.R No. 14759
06/03/08
CERTIFICATE .OF ACCEPTANCE
FOR
Cleaning and Television Inspection of Sanifary Sewer System
IN THE
CITY OF PORT ARTHUR
TO: CleanServe, Inc.
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the Cleaning and Television
Inspection of Sanitary Sewer System, on the basis of the Contractor's Certificate and
Release, executed by Mark Robertson, of C1eanServe, Inc.
Steve Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary
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