HomeMy WebLinkAboutPR 15231: TROY CONSTRUCTION - CERTIFICATE OF COMPLETIONMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Steve Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations /`jD i DATE: April 28, 2009 ~i~"~ SUBJECT: Proposed Resolution No. 15231 COMMENTS RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 15231 accepting a Certificate of Completion, Contractor's Certificate and Release, and Certificate of Guarantee for the 27" Sanitary Sewer Rehabilitation by Removal & Replacement Method Project, approving Change Order No. 1 and Final, and approving the final payment of $25,047.31. BACKGROUND: This project provided for the replacement of 514 LF of 27" sanitary sewer line along Twin City Highway in the Lake Arthur Manor area. We have experienced four (4) major cave-ins on this line in the last few years, with the lazgest/deepest costing over $100,000 in contractor fees alone. Rehabilitation of this line was part of our Phase II SSES projects. The remainder ofthis line segment will be rehabilitated by acured-in-place-pipe (CIPP) method at substantially reduced cost. Upon our earlier cleaning and televising of this line, we discovered a couple of major line failures, and were able to limit the scope of repairs to the failed sections. The change order adjusts quantities to actual usage, and reduces the final contract amount by $10,903.82. BUDGET/FISCAL EFFECT: Funds for this final payment are available in account no.426-1625-532.83-00, Project No. 426012. STAFF/EMPLOYEE EFFECT: None. SUMMARY: Approval of Proposed Resolution No. 15231 is recommended. P.R. No. 15231 04/28/09 RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE 27" SANITARY SEWER REHABILITATION BY REMOVAL AND REPLACEMENT METHOD PROJECT, APPROV ING CHANGE ORDER NO. I AND FINAL; AND APPROVING FINAL PAYMENT OF $25,047.31 TO TROY CONSTRUCTION, L.L.C., AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. FUND NO. 426-1625-532.83-00, PROJECT NO. 426012. WHEREAS, the City has issued a Certificate of Completion dated November 13, 2008, copy attached hereto and made a part hereof as Exhibit "A", together with a Contractor's Certificate of Release (Exhibit "B")and Contractor's Certificate of Guazantee (Exhibit "C"),both dated Mazch 30, 2009 and executed by Daniel O'Hare of Troy Construction, L.L.C., certifying that the project has been completed; and, WHEREAS, the City of Port Arthur's contract amount with Troy Construction, L.L.C. is decreased by $10,903.82, making the final contract amount $196,946.18, as shown in 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 Troy Construction, L.L.C., in the amount of Twenty Five Thousand Forty-seven and 31/100 Dollazs ($25,047.31); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: 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 (1) 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. 15231 04/28/09 Page 2 behalf of the City of Port Arthur, a Certificate of Acceptance for the 27" Sanitary Sewer Rehabilitation by Removal & Replacement Method Project, copy attached hereto and made a part 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 2009 at a Regulaz Meeting of the City Council of the CiTy- of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: ATTEST: Deloris Prince Mayor APPROVED AS TO FORM: i~ ~~ Tem Hanks City Secretary Mazk Sokolow City Attorney P.R. No. 15231 04/28/09 Page 3 APPROVED FOR ADIVIINI5TRATION: Stephen Fitzgibbons City Manager _/ .~, d rr.L~. Kelly El dge Director of Utility Operations APPROVED AS TO AVAILABILITY OF FUNDS: Rebecca Underhill Director of Finance Account No. 426-1625-532.83-00, Project No. 426012 «~~~ ZIgIHX~ ENGINEER'S CERTIFICATE OF COMPLETION Project: 27" Sanitary Sewer Rehabilitation by Removal & Replacement Method Project Date of Issuance: November 13, 2008 Owner(s): CITY OF PORT ARTHUR ENGINEER: CITY OF PORT ARTHUR CONTRACTOR: Troy Construction, L.L.C. This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: CITY OF PORT ARTHUR AND TO: Trov Construction, L.L.C. The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and that Work is hereby declazed to be complete in accordance with the Contract Documents on November 6.2008 Date of Completion Executed by Engineer on November 13, 2008 `\ Engineer Seal «g„ ,LIgIxX~ CONTRACTOR'S CERTIFICATE AND RELEASE FROM: Trov Construction LLC (Name of Contractor) TO: City of Port Arthur Texas (Local Public Agent) REFERRENCE COPA PROJECT NO. 426012 ENTERED ON DATE July 1.2008 ,BETWEEN THE CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS AND Trov Construction LLC (Name of Company) OF Houston Texas 7724 (CITY) (STATE) FOR THE Construction of " 27 in. Dia. San. Sewer Rehab. By Removal and Re lacement Method" 426012 (Name of Project) (Project No.) LOCATED IN THE CITY OF PORT ARTHUR, TEXAS: KNOW ALL MEN BY THESE PRESENTS: 1. 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 modifications the balance of $ 9 .31. (6% Retainage) }G~:l $4,841.31 ~/ ~'° ~~~~~~'` 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; (a) ~) Page 1 of 3 (e) (d) None. (Itemize claims and amounts due, if none, so state) 3. The undersigned further certifies that all work required under this contract including work required under change orders numbered N/A has been performed in accordance with the terms thereof, and that there aze no unpaid claims for materials, supplies or equipment 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 Part 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 pazagraph 2 hereof; provided, however, that if for any reason the City of Port Arthur does not pay in full the amount stated in pazagraph 1 hereof, said deduction shall not affect the validity of this release, but the amount so deducted shall be automatically included under pazagraph 2 as an amount which the Contractor has not released but will release upon payment therefore. The Contractor further certifies that upon the payment of the amount listed in pazagraph 2 hereof, and of any amount which may be deducted from paragraphl 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 therefore, 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 Md r(.}1 , 2009. ' f J (Contractor) ~p~ CFo (Signature and Title of Officer) Page 2 of 3 ~UYIIP.I ~ t~uY2i ,being first duly sworn on oath, deposes and says, first (Affiant) that he is the V (~i[i-~'~SI ~~~ of the (Title) Trov Construction, LLC (Name of Company) second, that he has read the foregoing certificate by him subscribed as ~IGf/ (~(P~p,VI{' of the Trov Construction. LLC. (Title) (Name of Company) ffiant further states that the matters and things stated herein are true. ~---. (Affiant) Subscribed and sworn to before me this mQIC-I ~ day of 2009. My commission expires ~-~'w~~~i (Date) swwlHUCNFs '~° N07Apy puOLIC, SrAiE OFTFXAS ~~~ ~ µy OpµMI551CN O(P~ '; p5~03fpt2 (Notary) «~» .LIgIHX~ CONTRAC'TOR'S CERTIFICATE OF GUARANTEE FRONT: Trot/ Construction. LLC. TO: City of Port Arthur (Local Public Agency) REFERENCE COPA PR03ECT NO. 426012 ENTERED ON _July 1, 2008 BETWEEN THE CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS AND Trot/ Construction. LLC OF Houston Texas (CITY) (STATE) FOR THE Construction of " 27 in. Diameter. Sanitary Sewer Rehabilitation. By Removal and Replacement Method" (Name of Project) LOCATED IN THE CITY OF PORT ARTHUR, TEXAS: KNOW ALL MEN BY THESE PRESENTS: .~ Troy Construction, LLC. Does hereby guazantee all of the work done under the above referenced contract to be free from faulty materials in every particular, and free from improper workmanship, and 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 imperfect, and to make good all damage caused to other work or materials, due to such required replacement or re-execution. 2. This guazantee shall cover a period of one (1) year from the date of acceptance of all work under this Contract, as evidenced by the certificate. This Certificate is given in connection of the final payment under the contract between the City of Port Arthur and Trot/ Construction, LLC. 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 LVHEREOE, the undersigned has signed and sealed this Instrument this ~(1 day of Tli,~'lC~l , 2C09. ~~" (Signature and Title of Officer) `~etnleP (~~ ~-~~Q/ ,being first duly sworn on oath, deposes and says, first (Affiant) that he is the U~Le ~IPCIG~,P,i"lc of the (Title) Trov Construction, LLC. _ (Name of Company) second, that he has read the foregoing certificate by him subscribed as Uf (,~ ~(P,~~~ta~ of the Trov Construction, LLC. ~ (Title) (Name of Company) Affiant further states that the matters and things stated herein are true. .--~ (Affiant) Subscribed and sworn to before me this (~QYLh <~ day of 2009. My commission expires S 3 ~~) 7/ ~Aair+uc~;Es ,~ ~ STATE OFT~S (Date) ~. ~r~ w~~'~~s (Notary) Page 2 of 2 «Q» 1.IgIHX~ MRR-26-2009 01:44P FROM:KATHY 4099838558 T0: 12813049107 P.2 ~~,~'inal DAB-: 3/26/09 __ ,~?`;', 426012 __ l Ali \'T \??'. ^'t :.. L _la i':Z ice. NA?d~ GF PROIcCT: 27 inch dial Sanitarv Sewer Rehab by R & R Method O6VNER: Ci t~ of Port Arthnr TX CONTRACTOR: Trn~ ('nnntrnrl-inns L.LG Hor~stnn~TX The following changes aze hereby made to the COAIT.YACT DOCUMENTS: Remobilization due to cave-in August 2008 $16,000.00 Adjustment of final quantities (26,903.82) Total Change Order amount ($10,903.82) CHANGE TO CONTRACT PRICE: ORIG rNAL CONTRACT PRICE: 6207 , 850.00 CURRENT CONTRACT PRICE adjurted by previous CHANGE ORDER: u / A The CONTRACT PRICE due to this CHANGE OP.DER will be ~RSG7~3~~t [decreased) by: _10,903.82 ~;~~~ The new CONTRACT PRICE, including this CI-LANGE ORDER, will be 61 96 , 946.1 8 ~jJ~+~) CHANGE TO CONTRACT TIhfE: ORIGL~fAL CONTRACT TLbfE: CURRENT CONTRACT TLtiIE adjusted by previous CHANGE ORDER: _n_ gays CL?ZENT L~ 4 L G: CO?vL~LE T IO\?: CONTRACT Ti:v1E due to this CH 4NGE O?:DER will be increased by New CONTRACT T~'ofE =zcluding tr is Cu ~.NGE CP.DEI? will be e s czle;.dar days. The New DATE OF CGt~1PLETION of all work: N / n AP ~,;; MRR-26-2009 01:44P FROM: KRTHY 4099838558 T0: 12813049107 P.3 ~G~?,sl?9a,°_'~,~.~;R?]D. 1 & Final ~a1~ 3 L~ Or'1~:. Td,';:;; "'C L-0IICiI_.9S 0` ~::2 C~O;?'hrT ['._ ••_ t ? ° ~ t;c ,~acP G'e`~0:'. Cvrz~.a::*.~r's 2CC°~^.i~.?CC CF C_:eI'_}° C'1'~Zl' 7Cii?.°S C)ti~17~JZ Cr 2.^.4 J: ^'~'TV f •~ '~i S.~ 2u... Ci 3~:~_li10%_ CC. ,_.Cli:_w Lj CUllil aCPJr :ri i :v ~2ri'CI':7a.7C2 O: vhC `;rCI?C COV2:.9L ~J is ~ ~}lni~v '~; C°I. RECOMMENDED BY ENGINc'ER: •,~, Cr--~Vti ~ ~'~ ~ REQLIiSTED BAY: , / ~~ ,l ~Y _® (( _~/~177XX1! (CONTRACTOR, OFFILER OR C4VNER( ~~c~,~ o~ ATTESTFOP.CON ^nACi [Corpor call ~.L•~ ORDERED BY: (CITY OF PORT ARTHURJ ACCEPTED BY: CITY OF PORT ARTHUR, MA4"OR CITY OF PORT ARTfIUR, RSANACT•;R CiT~' SECiLF.Tr~I": r':.3T1' SEAL.) APPROVED AS TO FOR1~1: CITY ATTORYEY r,P-rilL CITY OF PORT ARTHUR y r1~ 1 J 27-INCH SANITARY SEWER REHAB L~"riJ ,10~ IV•}, yr'ZL~7~2/ TROY JOB NO. 100-288 ~ ,'j1 ~f ~y~~~ ESTIMATE M4 FINAL ~V' ~~ 'd I in pX W i l~ ` ©~~P~ PERIOD FROM' 11/01/08th u 03/31/09 r A B C D E F G H I J Unit Ori final Ouantities To[al Total Unit Unit Work Item Of Unil Tlris Previous Quantities Ouantlties Price Pertormed No. Descri lion of Work Measure Ouanlil Estimate Estimates To Date Remainin To Date 1 27" PVC, SDR-26, 15-20f1. Deep Com ele and Covered in Place L.F. 500 514.00 514.0000 14.0000 $ 300.00 $154,200.00 2 Remove, Replace, Relocate Existing manhole wf 48" Diameter, New Fiber alss 15-20 h. Dee EA. 3 - 3.0000 $ 7,000.00 $0.00 3 Trench Safety System, Full Depth Over 5 ft., All Excavation as Per OSHA Standards L.F. '550 546.00 546.0000 4,0000 $ 1.00 $546,D0 4A Wellpoinling/ Dewatering System Mobilization And Set Up As Needed LS 1 2.00 2.0000 1.0000 $ 3,600.D0 $7200.00 4B Wellpoinl Lengths, All Depths as Re uired In Field LF 600 614.00 614.0000 14.0000 $ 20.00 $12 280.00 5 Diversion/Bypass Pumping w/one 8 inch Additional Pump, Cornplele Set Up As Re uired EA. 4 4.00 4.0000 $ 1,200.00 $4,800.00 6 Extra Cement Stabilized Sand for Backfll Where A roved TON 100 - 100.0000 $ 34.00 $0.00 7 Extra Granular Rock or Approved Equal For Pipe Bedding As Re uired - TON 150 7.50 7.5000 142.5000 $ 30.00 $225.00 8 Extra Concrete, 300 PSI Where Or As A proved CY 20 20.0000 $ 150.00 $0.00 9 Cash Allowance for Lab Tests, Relocations, Materials, As Approved Per Invoice b Others LS 1 1.00 1.0000 - $ 5,000.00 $1,695.18 Subtotal 5180,946.18 COpi Remobilizalion due to cave-in August 2006 LS 1.0000 1.0000 - '1.0000 - $ 16,000.00 $16,000.00 TOTAL $196,946.18 PO Box 450862, Houston TX 77245 APPLlCATlON FOR MONTHLY PAY ESTIMATE CLIENT: CITY OF PORT ARTHUR Troy Job No. 100-288 Project: 27-IN SANITARY SEWER REHAB ESTIMATE NO: 4 FINAL 281-835-9302 Fax DATE: MARCH 31, 2009 FROM ANALYSIS OF CONTRACT AMOUNT 11/01/08 thru 03/31/09 Original Contract Amount $ 207,850.00 Plus Additions: C e Lrder iiG• i $ 16,000.00 Deducts: ~ $ (26,903.82) Adjusted Contract Amount: F i AJ ~ L $ 196,946.18 Work Performeo to Date: $ 196,946.18 Less ~% Retainage: $ 9 S =31 Net Amount Earned to Date: $ 196,946.18 Add materials Stored Close of Period: $ - Less 5% Retained on Material: $ - `~b-Total: $ 196,946.18 i Less Previous (Net) Estimates (Payments Previously Due): ~:rce cc~ $ 171,898.87 ****AMOUNT DUE THIS ESTIMATE**** $ 25,047.31 RECOMMEND APPROVAL Payment Due Contractor: City of Port rthur , ~~ ~~ By Vti"" 1" " ~ Project Man erMUmiA~ ~URgk~ Date: ~ t'. 1 ~ ~ , 28:-437-1328 Phone AGREED Troy Construction, L.L.C. By: Contractor Date: 3/9!f 0 ~ _~ «~» .LIgIHX~ P.R. No. 15231 04/28/09 CERTIFICATE OF ACCEPTANCE FOR 27" Sanitary Sewer Rehabilitation by Removal & Replacement Method Project #426012 IN THE CITY OF PORT ARTHUR To: Troy Construction, L.L.C. Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the 27" Sanitary Sewer Rehabilitation by Removal & Replacement Method Project, on the basis of the Contractor's Certificate and Release, executed by Daniel O'Hare, Vice President & CFO, of Troy Construction, L.L.C. Steve Fitzgibbons City Manager ATTEST: Terri Hanks City Secretary