HomeMy WebLinkAboutPR 15407: SIMCO ENTERPRISES - 39TH STREET LS FORCE MAIN DIVERSION PROJECTMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ,`~Q ~ ~~
DATE: July 31, 2009 ~`~
SUBJECT: Proposed Resolution No. 15407
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15 accepting a Certificate of
Completion, Contractor's Certificate and Release, and Certificate of Guarantee, and approving
Change Order No. 1 & Final to the contract between the City and Simco Enterprises, Ltd. related to
the 39s' St. LS Force Main Diversion Project No. 426013. This change order increases the total
contract amount by $2,607.64 to $123,257.64 and approves final payment of $8,640.14.
In December 2008, the City Council awazded a construction contract to Simco Enterprises, Ltd: for
the 39~' St. LS Force Main Diversion Project No. 426013. This project is part of Phase II of the
City's wastewater system improvements program. It included the construction of approximately 1700
feet of 6" force main to divert the flow from the 39`h Street LS to a more direct dischazge point and
eliminate this flow from two other lift station basins. This flow diversion will eliminate the lazgest
wet-weather overflow (SSO) in town (9s' Ave. & 38s' StJ.
Change OrderNo. 1 (& Final) adjusts the estimated bid quantities to actual final quantities used for
each bid item, totaling $2,607.64. The positive change in cost was mainly due to KCS changing their
crossing location requirements after we had received bids. They simply made us move down the
railroad about 100 feet from their signals. The contractor worked very well with us to allow us to
suspend his contract time while we worked out this change with the railroad.
BUDGET/FTSCAL EFFECT
This Change Order adds $2,607.64 to the original contract amount. Final payment, which includes
Change Order No. 1 & Final and releases all retainage, is recommended in the amount of $8,640.14.
Funds for this final payment aze available in account no. 426-1625-532.83-00, Project No. 426013.
STAFF/EMPLOYEE EFFECT
None.
SUMMARY
Approval of Proposed Resolution No. 15407 is recommended.
P.R No. 15407
07-31-09 KE
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
CERTIFICATE OF COMPLETION, THE CONTRACTOR'S
CERTIFICATE AND RELEASE, AND THE CONTRACTOR'S
CERTIFICATE OF GUARANTEE; AND AUTHORIZING
EXECUTION OF CHANGE ORDER NO.1 AND FINAL FOR THE
39"' ST. LS FORCE MAIN DIVERSION PROJECT NO. 426013
AND APPROVING FINAL PAYMENT OF $8,640.14 TO SIMCO
ENTERPRISES, LTD. 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 N0.426013.
WHEREAS, the City has received a Certificate of Completion dated July 10, 2009 from
Mumtaz Qureshi, PE, copy attached hereto and made a part hereof as Exhibit "A", together with a
Contractor's Certificate and Release and Contractor's Certificate of Guarantee, both dated July 24,
2009 and executed by Mazk Simon, Executive Vice President of Simco Enterprises, Ltd., copy
attached hereto and made a part hereof as Exhibit "B", certifying that the project has been completed;
and,
WHEREAS, the City of Port Arthur's contract amount with Simco Enterprises, Ltd. is
increased by $2,607.64, making the final contract amount $123,257.64, as shown in Change Order
No. 1 and Final, copy attached hereto and made a part hereof as Exhibit "C"; and,
WHEREAS, it has been recommended by Mumtaz Qureshi, PE that Final payment should be
made to Simco Enterprises, Ltd. in the amount of Eight Thousand Six Hundred Forty and 14/100
Dollars ($8,640.14) and that the City of Port Arthur execute the Certificate of Acceptance as Exhibit
"D"; NOW THEREFORE,
BE TT RESOLVED BY THE CITY COUNCII, OF THE CTfY OF PORT
ARTHUR:
P.R. No. 15407
07-31-09 KE
Page 2
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. l and Final copy attached hereto and made a
part hereof as Exhibit "C"; and,
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, a Certificate of Acceptance copy for the 39~' St. LS Force Main
Diversion Project No. 426013, copy attached hereto and made a part hereof as Exhibit "D"; and
THAT, the City Council further authorizes the final payment in the amount of $8,650.14 to
SIMCO.
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:
Deloris Prince, Mayor
P.R. No.15407
07-31-09 KE
Page 3
ATTEST:
Terri Hanks
City Secretary
APPROVED AS TO FORM:
C~ l V
Mazk Sokolow / _~ ~~ ._ n ,L ~)
City Attorney l ""~t
APPROVED FOR ADMINiISTRATION:
Stephen Fitzgibbons
City Manager
Ross Blackketter, PE
Director of Public Works
Kelly EI 'dge
Director of Utility Operations
APPROVED AS TO AVAILABILITY OF FUNDS:
I~ ~,~- Qe.~._~-P _~
Deborah Echols ~-
Director of Finance
Account No.426-1625-532.83-00
Project No. 426013
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
Project: 39~' Street Lift Station Force Main Diversion . City Project # 426013
Date of Issuance: August 11, 2009
Owner(s): CITY OF PORT ARTHUR, TX (Jefferson County )
Mumtaz A. Qureshi , P.E. City of Port Arthur, Tx
CONTRACTOR: Simco Enterprises Ltd. Groves , Tx
This Engineer's Certificate of Completion applies to all Work under the Contract
Documents and Specification for the above project, between:
CITY OF PORT ARTHUR TX
AND
Simco Enterprises, Ltd. Groves. TX
The Work to which this Certificate applies has been inspected by the authorized
representatives of the Owner, and that Work is hereby declazed to have been completed
in accordance with the Contract Documents and Specification as of July 10. 2009.
Mumtaz A. Qureshi P.E.
:_ ;,.
_i
~- ~'rESHI
1' 1
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Simco Enterprises, LTD
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. 426013 ENTERED INTO THE
DAY OF
BETWEEN THE
CTI'Y OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Simco Enterprises, LTD.
(Name of Company)
OF
(CITI~ (STATE)
FOR THE 39ei Street Force Main Diversion 426013
(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 $8,640.14.
2. The undersigned further certifies that in addition to the amount set forth in paragraph 1, there
aze outstanding and unsettled the following items which he claims aze just and due and owing
by the City to the Contractor;
(a) N/A
(b) N/A
(c) N/A
(d) N/A
(Itemize claims and amounts due) (if none, so state)
Page 1 of 3
The undersigned further certifies that all work required under this contract including work
required under change orders numbered # 1 has been performed in accordance with the
terms thereof, and that there are 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 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 if for any reason the City of Port Arthur does not pay in full the amount stated
in paragraph 1 hereof, said deduction shall not affect the 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 certifies 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 1,.~~ 20 0~_.
SlMCO Cn~exortSeS ~ LTA (SEAL,)
y~ / (Contractor)
(Signature and Title of Officer)
Q.Y~L SI MO n being first duly sworn on oath, deposes and says, (Affiant)
first that he is the _E~V t C2 Pfe51 G~ Pr\~" of the
(Title)
S IMCO Fy~~2xartSeS t LTD
(Name of Company)
Page 2 of 3
second, that he has read the foregoing certificate by him subscribed as
~~ y l CP 'YC PS 1C~e~n.~" of the
(Title)
(Name of
S
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this 2~{ ~ day of 20~.
My conunission expires ~4 ~2~ /2p i 2
(Date)
(Notary)
Page 3 of 3
~~A•r~•s'9~,z',
~:'~tpRY,o .,.~
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~jO.!RES ..•'~ ~`
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Simco Enterprises LTD
(Name Contractor)
TO: City of Port Arthur --
(Local Public Agent)
REFERENCE CONTRACT NO. 426013 ENTERED INTO THE
DAY OF
BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Simco Enterprises Ltd
OF Groves Texas
(CIT1~ (STATE)
FOR THE 39~' Street Force Main Diversion #426013
(Name of Project) (Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Simco Enterprises, Ltd. does hereby guarantee all of the work done under the above
referenced contract to be free from faulty materials in every pazticulaz, 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 guarantee shall cover a period of one (1) year from the date of acceptance of all work
under this Contract, as evidenced by the City of Port Arthur's Engineer's final certificate.
3. This Certificate is given in connection of the final payment under the contract between the
City of Port Arthur and Simco Enterprises, LTD. 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
~_ day of ~ A ~ ~I , 20 0~.
51 nAC o E ~~-c,r,nn SeS, EAL)
(Signature and Title of Officer)
MQ.r k SI rno n ,being first duly sworn on oath, deposes and says,
(Affant)
first, that he/she is the ~1C • ~~ iCe Pf2S IdeK~ of the
(Name
second, that he has read the foregoing certificate by him subscribed as
~~ y t CE Yr@SIGIC'~'~ of the
(Title)
Slnnco ~h~ecpriSeS ~ 1~_
(Name of Company)
Affiant further states that the matters and things stated herein ate true.
(Affiant)
Subscribed and sworn to before me this ~_ day of 20~.
My commission expires bV ~2K / ZA 12
(Date)
2,~p,RY pG~~E
~:
5 '
a~ OF ~E~'P
Page 2 of 2
EXHIBIT C
CHANGE ORDER No. 1 & FINAL
Page I of 2
DATE: July 31, 2009
AGREEMENT DATE: December , 2008
NAME OF PROJECT: 39`" St. LS Force Main Diversion Project No. 426013
OWNER: City of Port Arthur
CONTRACTOR: SIMCO ENTERPRISES, LTD.
The following changes aze hereby made to the CONTRACT DOCUMENTS:
Add: 3. 100 LF 6" HDPE FM @ $47/LF= $4,700.00
7. 57 CY Extra Sand @ $42/CY= $2,394.00
11. Cash allowance reimbursable $1,813.64
f/relocations, fees
Delete: 4. 500 SY R&R HMAC @ $8/SY= ($4,000.00)
5. 1600 LF Saw cut asphalt @$0.50/L.F= ($ 800.00)
10.50 HRS Flagman @$30/HR= $15f • 00.001
Net Change: $2,607.64
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $120,650.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER: $120,650.00
The CONTRACT PRICE due to this CHANGE ORDER will be increased by: 0 days
The new CONTRACT PRICE including this CHANGE ORDER will be: $123,257.64
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 60 days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 60 days
CURRENT DATE OF COMPLETION: July 10, 2009
CONTRACT TIME due to this CHANGE ORDER will be increased/decreased: by 0 Calendaz
Days
New CONTRACT TIME including this CHANGE ORDER will be 60 calendaz days
The DATE FOR COMPLETION of all work will be: July 10, 2009
Page 2 of 2
CHANGE ORDER NO.: 1 & FINAL
NAME OF PROJECT: 39`h St. LS Force Main Diversion Project No. 426013
No other Terms and Conditions of the Contract aze 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:
Engineer:
~~,,jQq~
7 2°~~ 1
REQUESTED BY:
Contractor: SIMCO ENTERPRISES, LTD.
e
CONTRA OR, OF~F/ICE/R~, OR OWNER
. Vial aWX,~.e.h~
ATTEST FOR CONTRACTOR
ORDERED BY:
CITY OF PORT ARTHUR
ACCEPTED BY:
CITY OF PORT ARTHUR, CITY MANAGER
CITY SECRETARY
CORPORATE SEAL
CITY SEAL
CITY ATTORNEY
APPROVED AS TO FORM
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR THE
39th St. LS Force Main Diversion
Project No. 426013
IN THE
CITY OF PORT ARTHUR
TO: Simoo Enterprises, Ltd.
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the 39'~ St. LS Force Main Diversion
Project No. 426013 on the basis of the Engineer's Certificate of Completion, and the Contractor's
Certificate and Release and Certificate of Guarantee executed by Mazk Simon, Executive Vice
President of Simoo Enterprises, Ltd.,
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Harilcs
City Secretary