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HomeMy WebLinkAboutPR 23111: SABINE PASS PIPEBURSTING CONTRACT NO. 2 CLOSEOUT Fors n nrt rthur INTEROFFICE MEMORANDUM Date: May 9, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23111 — Sabine Pass Pipebursting Contract No. 2 Closeout Introduction: The intent of this Agenda Item is to seek the City Council's approval to close out Sabine Pass Pipebursting Contract No. 2, and to authorize the City Manager to pay the release of retainage invoice of$31,134.69. Background: On July 5,2022,City Council passed Resolution No.22-300,awarding Sabine Pass Pipebursting Contract No. 2 to Global Drilling,Inc.of Winnie,Texas. The project was designed and managed by Golden Triangle Consulting Engineers and City Water Utilities staff. The original contract amount was $498,623.90. City Council approved Change Order No. 1 for $107,070.00 on January 9, 2023 by Resolution No. 23-006. City Council approved Change Order No. 2 for $17,000.00 on March 30, 2023 by Resolution No. 23-140. The final contract amount after Change Order No. 2 is $622,693.90. 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. 23111, which closes out the project, authorizing the City Manager to accept the project and release of the retainage of $31,134.69. "Remember, we are here to serve the Citizens of Port Arthur" PR No. 23111 5/9/23 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S AFFIDAVIT, CONTRACTOR'S CERTIFICATE OF GUARANTEE AND CONTRACTOR'S CERTIFICATE AND RELEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE FOR THE SABINE PASS PIPEBURSTING CONTRACT NO. 2 BY GLOBAL DRILLING, INC. OF WINNIE, TEXAS AND AUTHORIZING THE RELEASE OF RETAINAGE IN THE AMOUNT OF $31,134.69, FROM THE RETAINAGE ACCOUNT FOR CAPITAL IMPROVEMENT ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO. WS-0006- CON. WHEREAS, pursuant to Resolution No. 22-300, City Council awarded a contract to Global Drilling, Inc. of Winnie, Texas for the construction phase of the Sabine Pass Pipebursting Project No. 2 for the amount of$498,623.90; and, WHEREAS, pursuant to Resolution No. 23-006, City Council authorized the City Manager to execute Change Order No. 1, which included a contract time extension of 85 days and contract price increase of$107,070.00, bringing the new contract amount to $605,693.90 for the rehabilitation of 3 manholes, 1,020 feet of 8" sewer line, and 400 feet of 6" sanitary sewer installed by sliplining; and, WHEREAS, pursuant to Resolution 23-140, Change Order No. 2 increased the contract time by 23 days due to delays by Entergy to stabilize a power pole and increase the contract amount by 17,000.00, to a new total contract amount of$622,693.90, due to the need to open cut the section on Gulfway at S. 15th Street; and, WHEREAS, Global Drilling, Inc. has completed the contracted project to the satisfaction of the Project Engineer and the City staff; and, 4 PR No. 23111 5/9/23 bw Page 2 of 3 WHEREAS, the City has received the Engineer's Certificate of Completion, dated May 9, 2023, from Golden Triangle Consulting Engineers of Beaumont, Texas, stating that to the best of their knowledge, Sabine Pass Pipebursting Contract No. 2 has been completed in general accordance with City standards, a copy is attached hereto and made a part hereof as Exhibit "A", together with a Contractor's Affidavit, Contractor's Certificate of Guarantee, and Contractor's Certificate and Release (Exhibit `B"), executed by Global Drilling, Inc.; and, WHEREAS, the retainage for this project is due, as the work is completed and billed, and the project engineer, Golden Triangle Consulting Engineers, approves release of retainage to Global Drilling, Inc., in the amount of$31,134.69 (see Exhibit "D"). 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 accept on behalf of the City the Engineer's Certificate of Completion (Exhibit "A"), the Contractor's Affidavit, Contractor's Certificate of Guarantee, and Contractor's Certificate and Release (Exhibit "B"), execute the Certificate of Acceptance (Exhibit "C") for the completion of the Sabine Pass Pipebursting Contract No. 2, and authorize the Release of Retainage to Global Drilling, Inc., in the amount of $31,134.69 (Exhibit"D"); 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 , 2023 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: PR No. 23111 5/9/23 bw Page 3 of 3 NOES: Thurman Bill Bartie Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Tize o City Secretary City Attorney APPROVED FOR ADMINISTRATION: (//\06k 4)40‘41/* (00/14,t Ronald Burton O on Williams, CPPB City Man•i;er Purchasing Manager Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel Finance Director EXHIBIT A (Engineer's Certificate of Completion) ENGINEER'S CERTIFICATE OF COMPLETION Project: SABINE PASS PIPEBURSTING CONTRACT NO. 2 Date of Issuance: MAY 9, 2023 Owner(s): CITY OF PORT ARTHUR Owner's Project No.: N/A Engineer. GOLDEN TRIANGLE CONSULTING ENGINEERS Contractor: GLOBAL DRILLING, 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 GLOBAL DRILLING, 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 March 28, 2023 �000004p DATE OF COMPLETION `} Executed by Engineer on May 9 , 2023 )( ° HANI J. TEHME Q °p °90326C,11 �o ?� ��°°S T° Nvtiag IaNAL �� BY: - GOLDEN TRIANGLE CONSULTING ENGINEERS [SEAL] 1/1 EXHIBIT B Global Drilling, Inc. (Contractor's Affidavit of Guarantee And Contractor's Affidavit of Final Payment and Release) Contractor's Affidavit PROJECT: PIPEBURSTING OF THE SANITARY SEWER MAINS(Contract No.:22-300) LOCATION : Sabine Pass,Port Arthur Texas OWNER: City of Port Arthur State of Texas Country of Jefferson The undersigned hereby certifies that, except as listed below, all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. �. Signature Print BAKER MOHAMMAD Date 0-i-f 2 f 2O Z Sworn to and subscribed before me,a Notary public,this Z day of ,2023 46-8L't C..../(?PLC, ary Public) ,ov.,�,,, JAMIE C.DOHERTY j:11404 a.Notary Public.Sato et Ti�W ti ii.. =Comm.Explr.s 00-2$262E My comt'nrostbn pleglITY le 3154721 Ar '% != • 0HERTY 1= M.Hc! �:lc,State of Texas '' "' ,•i:s s 08-26.2026 ,aq,,r` . . i) 3164721 CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM : CITY OF PORT ARTHUR TO : GLOBAL DRILLING, INC. FOR : PIPEBURSTING OF THE SANITARY SEWER MAINS REFERENCE CONTRACT NO. 22-300 ENTERED INTO THE 5th DAY OF JULY, 2022 BETWEEN THE CITY OF PORT ARTHUR AND GLOBAL DRILLING, INC. OF WINNIE, TEXAS FOR : PIPEBURSTING OF THE SANITARY SEWER MAINS KNOW ALL MEN BY THESE PRESENTS: 1. GLOBAL DRILLING, 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, and against injury from proper and usual wear, and agrees to replace or re- execute without cost to the Owner and Operator 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 evidence by the Engineer's Certificate of Completion. 3. This Certificate is given in connection of the final payment under the contract between the Owner and GLOBAL DRILLING, 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. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this A, /day of ,2023. (CORPORATE SEAL) GLOBAL DRILLING, INC. (Contractor) BY: BAKER MOHAMMAD being first duly sworn on oath,deposes and says,first that he is the PRESIDENT second,that he has read the forgoing certificate by him subscribed as PRESIDENT of GLOBAL DRILLING, INC. Affiant further states that the matters and things stated herein are true. R '4 *IrOr ,fir/, (Affiant) Subscribed and sworn to before me thisI, day of ,2023 My commission expires a;�► i A i w (Dat ) �.�+�a",.., JAMIE C.DOHERTY Ili Vs Notary Public.Stets of Ts Comm.Expires 00-25-202d Notary ID 3154721 h 11111' (Notary Public) CONTRACTOR'S CERTIFICATE AND RELEASE FROM : CITY OF PORT ARTHUR To: GLOBAL DRILLING, INC. FOR: PIPEBURSTING OF THE SANITARY SEWER MAINS REFERENCE CONTRACT NO. 22-300 ENTERED INTO THE 5th DAY OF JULY, 2022 BETWEEN THE CITY OF PORT ARTHUR AND GLOBAL DRILLING, INC. OF WINNIE, TEXAS FOR: PIPEBURSTING OF THE SANITARY SEWER MAINS KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from, and payable by, the Owner to the Contractor under the contract and duly approved Change Order and modifications the balance of $ 31,134.69 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 Owner to the Contractor. (a) (b) (c) (d) 3. The undersigned further certifies that all work required under this contract, including work required under Change Order(s) numbered 2 , 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 were in conformity with the contract provisions relating to said wage rates. 4. Except for the amounts state under Paragraphs 1 and 2 hereof, the undersigned has received from the Owner all sums of money payable to the undersigned under,or pursuant to,the above mentioned contract or any modifications or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersigned does hereby release the Owner and Operator from any and all claims arising under or by virtue of this contract, except the amount listed in Paragraph 2 hereof due from the Owner, provided, however, 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 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 Owner and Operator from any and all claims of any nature whatsoever arising out of said contract or modification thereof, and will execute such releases or assurances as the Owner and Operator may request. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 2i day of L y3,4 AA7r,2023. (CORPORATE SEAL) GLOBAL DRILLING, INC. (Contractor)_ -,_ __. _ BY: ' BAKER MOHAMMAD ,being first duly sworn on oath,deposes and says,first that he is the PRESIDENT second,that he has read the forgoing'certificate by him subscribed as PRESIDENT of GLOBAL DRILLING, INC. Affiant further states that the matters and things stated herein are true. ..... .. .... n (Affiant) Subscribed and sworn to before me this 2i ' day of ,2023 `;p` =Noary Public,Stat. c •�Comm.Expires 08- c,:i ` � Notary ID 3154721 (61 ,,^, /Q 1 (1_/A.04-- -, (Notary Public) EXHIBIT C (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. 2 FOR THE CITY OF PORT ARTHUR To: Global Drilling, Inc., of Winnie, Texas This document is to certify that the City of Port Arthur, Texas accepts the completion of the Sabine Pass Pipebursting Contract No. 2 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 Global Drilling, Inc. of Winnie, Texas. Ronald Burton City Manager ATTEST: Sherri Bellard City Secretary EXHIBIT D (Release of Retainage Invoice) w Q , > _ \ z .. 8 a 8 8 { - - § 8 § \ } 1 § ® ® ~ 2 i , / $ 8 8 8 z \ § . 2 J 8 @ 8 8 k - , ] , .1 \ \ \ j 8 - § . $ . - k 8 @ 8 8 ® - ) § N j \ a , * 7 d \ k ) - - q , 9 \ $ § % ¥ r $ •. § 00 z , . - - / t = ° kk ) � ' § - . " - 4[.. \ _I % ( ) / \ - , . . G ; ,- « § 0 \ M j .g\ a • 22 - I a &42 ; a | ) _ | ! fk {}k .k Efj ■ k} b &2 .41tg i 2 aI2 . cL .se, _ - 5 = a 220,325 § ■ B % / f £ § ] - - e � 2y« f; �A / k L 0 / } C - ` E ■ % / - ,a ! a - # « - ! = o ; _ £22 � - I §! • , ; = 0. 2 . 8 o \ ■ ® c � ef � § § 2 \ I § ] - a2E � Z@ ,k CC ( o \ L. : a J 2 § � e ® ff= a - k ! ; )% 2 ) £! J®t 2r 2p © � 2 n ) \a � �a 5 w § # § f� , % «a � | ! k ( ` z ) ) § X I ! : - () 27gg - £) ) _ f) 1 .. ) \}{ k \ o\ � = � z � lk �� - . le ; , a ■ a ! § ■§ § _ ; , . - � ° r o • t = u . ! f » I £ I7lfl ;CeD i s a ! ! 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