HomeMy WebLinkAboutPR 22763: SABINE PASS PIPEBURSTING CONTRACT NO. 1 CLOSEOUT nrt rt it;
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INTEROFFICE MEMORANDUM
Date: September 13, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22763 —Sabine Pass Pipebursting Contract No. 1 Closeout
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for Change Order No. 2
which reduces the final cost of the project to$374,870.00,to close out Sabine Pass Pipebursting
Contract No. 1, and to authorize the City Manager to pay the release of retainage invoice of
$18,743.50.
Background:
On February 15, 2022, City Council passed Resolution No. 22-073, awarding Sabine Pass
Pipebursting Contract No. 1 to Horseshoe Construction, Inc. of La Porte, Texas. The project
was designed and managed by Golden Triangle Consulting Engineers and City Water Utilities
staff The original contract amount was $315,200.00. City Council approved Change Order No.
1 for $78,574.00 on June 21, 2022. The contract amount after Change Order No. 1 was
$393,774.00. Change Order No. 2 reduces the contract by $18,904.00 bringing the final cost of
the project to $374,870.00. The reason for the reduction was the reduction of manhole
rehabilitation to be completed,that would be replaced by new manholes in the second contract.
Budget Impact:
Funds are available in Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON.
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 22763, which closes out
the project, authorizing the City Manager to accept the project and authorize the release of the
retainage of$18,743.50.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 22763
9/13/22 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 2,DECREASING THE CONTRACT AMOUNT BY
$18,904.00 TO A NEW CONTRACT TOTAL OF $374,870.00, ACCEPTING
THE ENGINEER'S CERTIFICATE OF COMPLETION,CONTRACTOR'S
AFFIDAVIT OF GUARANTEE,CONTRACTOR'S AFFIDAVIT OF FINAL
PAYMENT AND RELEASE,AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CERTIFICATE OF ACCEPTANCE FOR THE
SABINE PASS PIPEBURSTING CONTRACT NO. 1 BY HORSESHOE
CONSTRUCTION, INC. OF LA PORTE, TEXAS AND AUTHORIZING
THE RELEASE OF RETAINAGE IN THE AMOUNT OF$18,743.50 FROM
CAPITAL IMPROVEMENT ACCOUNT NO. 405-40-000-8516-00-00-000,
PROJECT NO. WS-0006-CON.
WHEREAS, per Resolution No. 22-073, the City Council awarded a contract for the
Sabine Pass Pipebursting Contract No. 1 to Horseshoe Construction, Inc. of La Porte, Texas, in
the amount of$315,200.00; and,
WHEREAS, per Resolution 22-276, the City Council approved Change Order No. 1,
which increased the contract amount of this project to $393,774.00; and,
WHEREAS, Horseshoe Construction, Inc. has completed the contracted project, and
submitted Change Order No. 2, reducing the contract amount by $18,904.00, bringing the final
project cost to $374,870.00, and to the satisfaction of the Project Engineer and the City staff; and,
WHEREAS, the City has received the Engineer's Certificate of Construction and
Completion, dated September 4, 2022, from Golden Triangle Consulting Engineers of Beaumont,
Texas, stating that to the best of their knowledge, Sabine Pass Pipebursting Contract No. 1 has
been completed in general accordance with City standards, a copy is attached hereto and made a
part hereof as Exhibit "B", together with a Contractor's Affidavit of Guarantee and Contractor's
Affidavit of Final Payment and Release (Exhibit"C"), executed by Horseshoe Construction, Inc.;
and,
PR No. 22763
9/13/22 bw
Page 2 of 3
WHEREAS,the retainage for this project is due, as the work is completed and billed, and
the project engineer, Golden Triangle Consulting Engineers, recommends the release of retainage
to Horseshoe Construction, Inc., in the amount of$18,743.50 (see Exhibit"E").
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute Change Order No. 2 (Exhibit
"A"), decreasing the contract amount by $18,904.00 to a new contract total of $374,870.00,
accepting the Engineer's Certificate of Completion (Exhibit "B"), Contractor's Affidavit of
Guarantee, Contractor's Affidavit of Final Payment And Release (Exhibit "B"), and authorizing
the city manager to execute the Certificate of Acceptance (Exhibit "C") for the Sabine Pass
Pipebursting Contract No. 1 by Horseshoe Construction, Inc. of La Porte, Texas and authorizing
the release of retainage in the amount of$18,743.50; 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 , 2022 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Thurman"Bill"Bartie
Mayor
PR No. 22763
9/13/22 bw
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
t}didC4 kaztVZ
Sherri Bellard Valecia izeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
LA,
Ronald Burton Cli i n Williams, CPPB
City Manager Purchasing Manager
ee/i
Calvin Matthews, P.E.
Water Utilities Director
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Danie
Acting Finance Director
PR No. 22763
9/13/22 bw
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton Clifton Williams, CPPB
City Manager Purchasing Manager
Calvin Matthews, P.E.
Water Utilities Director
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel
Interim Finance Director
EXHIBIT A
(Change Order No. 2)
CHANGE ORDER NO. 2
ORIGINAL AGREEMENT DATE: September 13, 2022
PROJECT DESCRIPTION: Sabine Pass Pipebursting Contract No. 1
CHANGE IN SCOPE: Decrease in number of manhole rehabilitations
CHANGE TO CONTRACT AMOUNT:
ORIGINAL CONTRACT PRICE: $315,200.00
CURRENT CONTRACT PRICE(adjusted by previous CHANGE ORDER):$393,774.00
The Contract Amount due to this CHANGE ORDER will decrease by: $18,904.00
The new CONTRACT AMOUNT including the CHANGE ORDER will be: $374,870.00
ORIGINAL CONTRACT DAYS: 120
NEW CONTRACT DAYS: 120
SIGNED AND AGREED TO on the day of , 2022.
HORSESHOE CONSTRUCTION, INC.
Print Name:
Title:
SIGNED AND AGREED TO on the_day of , 2022.
CITY OF PORT ARTHUR
BY:
RONALD BURTON,
CITY MANAGER
EXHIBIT B
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: SABINE PASS PIPEBURSTING CONTRACT NO. 1
Date of Issuance: SEPTEMBER 14, 2022
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: N/A
Engineer: GOLDEN TRIANGLE CONSULTING ENGINEERS
Contractor: HORSESHOE CONSTRUCTION, INC.
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
[OWNER]
AND TO HORSESHOE CONSTRUCTION, INC.
[CONTRACTOR]
The Work to which the 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
August 28, 2022
DATE OF COMPLETION
Executed by Engineer on September 14 , 2022
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BY: Dr. Hani Tohme, P.E.
GOLDEN TRIANGLE CONSULTING ENGINEERS
1/1
EXHIBIT C
Horseshoe Construction, Inc.
(Contractor's Affidavit of Guarantee
And
Contractor's Affidavit of Final Payment and Release)
AFFIDAVIT OF GUARANTEE
THE STATE OF TEXAS
COUNTY OF Harris
Before me, a Notary Public in and for the State of Texas, on this day personally appeared _ James R.
Holt of HORSESHOE CONSTRUCTION, INC., well known to me to be the person making this
affidavit,being by me first duly sworn and deposed to say:
I am James R. Holt the President of HORSESHOE
CONSTRUCTION, INC. and have personal knowledge of the matter stated in this affidavit. HORSESHOE
CONSTRUCTION, INC. does hereby give notice to the owner, CITY OF PORT ARTHUR, that work for the
Owner, known as Sanitary Sewer System Rehabilitation Contract 1 has been substantially completed effective
August 31,2022. In accordance with the General Conditions of Agreements, HORSESHOE CONSTRUCTION,
INC. does hereby guarantee all of the work under the contract to he free from faulty materials and improper
workmanship in every particular,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 improper or imperfect,and to make good all damage caused t
other work or materials due to such required replacement or re-completion of all work under this contract, as
evidenced by the Engineer's Certificate of Substantial Completion. This guarantee will expire on August 31,2023.
This affidavit is made in connection with the final payment under the contract between CITY OF PORT ARTHUR
and HORSESHOE CONSTRUCTION, INC. 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.
DATE: September 12.2022
ames R.Holt
THE STATE OF TEXAS
COUNTY OF Harris
BEFORE ME, the undersigned, a Notary Public, in and for the State of Texas, on this day personally appeared,
James R. Holt known to me to be the person whose name subscribed to the foregoing instrument,
and acknowledge to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 12th day of September 12,2022
Notary Signature
Si nature
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Notary Seal � <� ar �,,
Printed Name �'�
e•�� TAYLOR JONES My Commission expires f vp.rGw 31r ` ��ZS
�/�� Notary ID#129632584
s IN My Commission Expires
rr��+� November 20,2025
CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me,the undersigned authority,on this day personally appeared James R. Holt (Affiant"),who,
after being by me duly sworn, deposes and says that Horseshoe Construction, Inc. a Corporation (corporation,
partnership, trade name) of Harris county, State of Texas (the "Contractor"), which said Contractor was
awarded the contract dated the 5th day of April , 2022 , for the construction of Sanitary Sewer System
Rehabilitation Contract 1 the ("Work"), for a total consideration of Three Hundred Seventy Four Thousand
Eight Hundred Seventy Dollars and Zero Cents (S 374,870.00) Dollars to be paid to the said Contractor (the
"Contract"),and the Affiant has full power of authority to make this affidavit.
That City of Port Arthur(the"Owner")has approved the final estimate on said Work, and that the said
Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property
Code,and Article 5160 of the Revised Civil Statutes of the State of Texas,or any other applicable statutes or charter
provisions, and that all just bills for labor and materials have been paid and discharged by the Contractor insofar as
they pertain to the Work in question.
The Contractor has received 1 payments pursuant to 2 payments of Contractor Payment Estimates,
presented to the Owner and paid during the progress of the job referred to in the Contract between the parties, and
hereby waives and releases the Owner and/or the Contractor may have to pursue claims of any nature against the
Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including
but not limited to claims of third parties that supplied material and/or labor for the Work for or through the
Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated
damages which may have been withheld by the Owner. The Contractor shall defend,hold harmless and indemnify
the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim
or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is
given pursuant to the final payment provisions of the Contract,and shall not be deemed to alter or modify the terms
and provisions of said contract.
Horse oe Constructions Inc.
By
(Affiant)
James R.Holt
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME,this the 12th day of September 12.2022
(Notary Public, ' nd r the State of Texas)
(Notary Seal)
(Printed N!t{ne of Notary)
*aY Pos TAYLOR JONES -�`�
Notary ID#129632584 ` My Commission Expires l\Joe /(.�t/Ze S
4,.$ My Commission Expires
1 '4707?1} November 20,2025
EXHIBIT D
(City of Port Arthur Certificate of Acceptance)
City of Port Arthur, Texas
Department of Utility Operations
CERTIFICATE OF ACCEPTANCE FOR
SABINE PASS PIPEBURSTING CONTRACT NO. 1
FOR
THE CITY OF PORT ARTHUR
To: Horseshoe Construction, Inc., of La Porte, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the Sabine Pass Pipebursting Contract No. 1 on the basis of, the Engineer's Certificate
of Completion, the Contractor's Affidavit of Final Payment and Release, and
Contractor's Affidavit of Guarantee from Horseshoe Construction, Inc. of La Porte,
Texas.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
EXHIBIT E
(Release of Retainage Invoice)
DATE: 9/13/2022
Owner: City of Port Arthur
Project: SSSR In Sabine Pass Contract#1
GENERAL CONTRATOR: Horseshoe Construction,Inc.
SUB CONTRATOR:
ESTIMATE Retainage FROM Retainage
CONTRACT TIME: 120 Calendar Day
EXTENSIONS: 0 Calendar Day TOTAL: 120 CD
TIME USED: 120 Calendar Day
Percent Completion: 119% Percent Time Completed: 100% Change Order No. Add_W.D.
ANALYSIS OF CONTRACT AMOUNT
Original Contract Amount $315,200.00
Plus Additions: $ 78,574.00
Deducts:
Adjusted Contract Amount: $ 393,774.00
Work Performed to Date: $374,870.00
Less 5%Retainage
Net Amount Earned to Date:
Original Materials Stored:
Stored Materials Used Previous Periods:
Stored Materials Used This Period: $
Total Materials Stored Close of This Period: $
Less 15%Retained on Stored Material: $
Sub-Total:
Less Previous Payments:
****5%Retainage**** $ 18,743.50
RECOMMEND APPROVAL
Payment Due Contractor: AGREED:
City of Port Arthur Horsesho strut on Inc
By:
Owner CONTRACTOR
Date: Date: September 13,2022
Engineer
By:
Engineer
Date:
'1