HomeMy WebLinkAboutPR 23255: LAKESIDE PIPEBURSTING PROJECT, CHANGE ORDER NO. 1 AND CLOSEOUT clr\
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INTEROFFICE MEMORANDUM
Date: July 21, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 23255 —Lakeside Pipebursting Project, Change Order No. 1 and Closeout
Introduction:
The intent of this Agenda Item is to seek City Council's approval of deductive Change Order
No. 1 and close out documents for the City of Port Arthur Lakeside Pipebursting Project with
Horseshoe Construction, Inc., and to authorize the City Manager to accept the engineer's
certificate of completion, contractor's affidavit, certificate of guarantee and certificate and
release, and release of final payment, and pay the release of retainage invoice of$17,340.90.
Background:
On October 25, 2022, the Council passed Resolution No. 22-484, which awarded Horseshoe
Construction, Inc. with the construction phase of the Lakeside Pipebursting Project contract, in
the original contract amount of$346,896.00.
Change Order No. 1 has a decrease of$78.00 on the total cost, by adding an open cut trench, 4
manholes, 2 service line cleanouts, and 3 point repairs, and removing post closed-circuit
television(CCTV), resulting in a new contract amount of$346,818.00.
Bucket Impact:
Change Order No. 1 will decrease the total project cost by $78.00, resulting in a new contract
amount of $346,818.00, without extending the completion date. Funds are available in
Account No. 405-40-000-8516-00-00-000, Project No. WS-0014-CON.
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 23255, to adjust the
project scope and total contract price, authorize the release of retainage, and close out the
project, as described/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 23255
7/21/23 bw
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE CHANGE ORDER NO. 1 TO THE
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND HORSESHOE CONSTRUCTION, INC. OF LA PORTE,
TEXAS FOR THE LAKESIDE PIPEBURSTING PROJECT,
DECREASING THE CONTRACT AMOUNT BY $78.00,
BRINGING CONTRACT TOTAL TO $346,818.00 AND
ACCEPT THE ENGINEER'S CERTIFICATE OF
COMPLETION, CONTRACTOR'S AFFIDAVIT,
CERTIFICATE OF GUARANTEE AND CERTIFICATE
AND RELEASE OF FINAL PAYMENT AND RELEASE,
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CERTIFICATE OF ACCEPTANCE;
ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.
WS-0014-CON.
WHEREAS, pursuant to Resolution No. 22-484, City Council awarded a contract to
Horseshoe Construction, Inc. of La Porte, Texas for the construction phase of the Lakeside
Pipebursting Project for the amount of$346,896.00; and,
WHEREAS, Horseshoe Construction, Inc. has submitted Change Order No. 1 for the
construction of the Lakeside Pipebursting Project, with a decrease of $78.00 as delineated in
Exhibit"A",bringing the new contract amount to $346,818.00; and,
WHEREAS, Horseshoe Construction, Inc. has completed the contracted project to the
satisfaction of the Project Engineer and the City staff; and,
WHEREAS, the City has received the Engineer's Certificate of Completion, dated May
25, 2023, from Soutex Surveyors & Engineers of Port Arthur, Texas, stating that to the best of
their knowledge, the Lakeside Pipebursting Project 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, Certificate of Guarantee, and Certificate and Release (Exhibit
PR No. 23255
7/21/23 bw
Page 2 of 4
"C"), executed by Horseshoe Construction, Inc.; and,
WHEREAS, the retainage for this project is due, as the work is completed and billed,
and the project engineer, Soutex Surveyors & Engineers, approves release of retainage to
Horseshoe Construction, Inc., in the amount of$17,340.90 (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 of the City of Port Arthur is hereby authorized and directed to
execute Change Order No. 1 (Exhibit "A") to the contract with Horseshoe Construction, Inc. of
La Porte, Texas, decreasing the contract amount by $78.00, to a new contract total of
$346,818.00 and to accept on behalf of the City the Engineer's Certificate of Completion
(Exhibit "B"), the Contractor's Affidavit, Certificate of Guarantee, and Certificate and Release
(Exhibit "C"), execute the Certificate of Acceptance (Exhibit "D") for the completion of the
Lakeside Pipebursting Contract, and authorize the Release of Retainage to Horseshoe
Construction, Inc., in the amount of$17,340.90 (Exhibit"E").
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 ;
PR No. 23255
7/21/23 bw
Page 3 of 4
Councilmembers •
NOES:
Thurman Bill Bartle
Mayor
ATTEST: APPROVED AS TO FORM:
b4;t4,vkel-.0-0
Sherri Bellard alecia T. no
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
Calvin Matthews, P.E.
Water Utilities Director
PR No. 23255
7/21/23 bw
Page 4 of 4
APPROVED AS TO AVAILABILITY
OF FUNDING:
I<C_A./N i F Xi P / ui4.4)44_
Kandy Daniel Clifto Wi liams, CPPB
Finance Director Purchasing Manager
EXHIBIT A
(Change Order No. 1)
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Change Order No. I - Final
Date of Issuance: June 6, 2023 Effective Date: June 6, 2023
Owner: The City of Port Arthur Owner's Contract No.: WS-00I4-CON
Contractor: Horseshoe Construction, Inc. Contractor's Project No.:
Engineer: Soutes Surveyors and Engineers Engineer's Project No.: 20-0182
Project. Sanitary Sewer Rehabilitation, Lakeside Drive Contract Name:
The Contract is modified as follows upon execution of this Change Order:
Description:Change in price to reflect final "as-built" quantities, including elimination of a length of line
replacement and the addition of a manhole. Also,one item,called item "Al"was added to eliminate a bend in
the line that previously existing outside of a manhole,which if left in place would inhibit future line
maintenance.
Attachments: [List documents supporting change]Change order proposal from Contractor,Change order Email
Chain, and Pay App Summary
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES
[note changes in Milestones if applicable]
Original Contract Price: Original Contract Times:
Substantial Completion:
$346,896.00 Ready for Final Payment:
days or dates
[Increase] [Decrease] from previously approved Change (Increase] [Decrease]from previously approved Change
Orders No. __ to No. Orders No. to No. .
Substantial Completion:
$ Ready for Final Payment:
days
Contract Price prior to this Change Order: Contract Times prior to this Change Order•.
Substantial Completion:
$ 346,896.00 Ready for Final Payment:
days or dates
[lrease] [Decrease] of this Change Order [Increase] [Decrease]of this Change Order
Substantial Completion:
$ 78.00 Ready for Final Payment:
days or dates
Contract Price incorporating this Change Order: Contract times with all approved Change Orders:
Substantial Completion:
$346,818.00 Ready for Final Payment:
days or dates
REC MMENDEi3s ACCEPTED: AC-C-CEPTED
By: By: By:
ngineer(if required) Owner(Authorized Signature) Co tractor..AetI'o zed Signature)
2i.3 Tilde Title r (7-(2 Date: 7f,e Date Date J//.,�7 )7
Approved bylFunding Agency(if
a pplica ble)
By: Date:
Title:
EJCOC'C-941,Change Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
EXHIBIT B
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: SANITARY SEWER SYSTEM REHABILITATION LAKESIDE
DRIVE
Date of Issuance: MAY 25, 2023
Owner(s): CITY OF PORT ARTHUR, PROJECT NO.WS-0014-CON.
Soutex Project No.: 2k0182
Engineer: SOUTEX SURVEYORS &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 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
APRIL 26TH 2023 MAY 25TH 2023
DATE OF SUBSTANTIAL COMPLETION DATE OF COMPLETION
Executed by Engineer on MAY 25TH .2023 .-�. C%i .. . +IN
i % �- 4.,r
941 ih ;45/i3
JE , Y TCHELL, P. .,RPLS— @; 0s: ` �•AT "��
Sy3U X RVEYORS&ENGINEERS iy"
1/1
EXHIBIT C
Horseshoe Construction,Inc.
(Contractor's Affidavit of Guarantee
And
Contractor's Affidavit of Final Payment and Release)
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
PROJECT: SANITARY SEWER SYSTEM REHABILITATION LAKESIDE DRIVE
OWNER: CITY OF PORT ARTHUR, PROJECT NO. WS-0014-CON
SOUTEX PROJECT NO.: 21-0182
STATE OF TEXAS, COUNTY OF JEFFERSON
The undersigned hereby certifies that except as listed below, payment has been made in full and
all obligations have otherwise been satisfied for all materials and equipment furnished, for all
work, labor, and services performed, and for all known indebtedness and claims against the
Contractor for damages arising in any manner in connection with the performance of the
Contract referenced above for which the Owner or Owner's property might in any way be held
responsible or encumbered.
Exceptions:
Contractor: H SESHOE CONSTRUCTION INC.
Signature: ''''- ''
Printed Name: S 4,7 23Q%/
Date: _17._42-/Z4
Sworn to and subscribed before me, a Notary Public
This / day of jtt.. , 20 2.3 .
G/-A-----) /
/ Notar Public
My commission expires: 7'"�.3 2�7
"';' PAULA LEGER
o:
• _ ; ;:Notary Public,State of Texas
,",, 3 Comm.Expires 04-13-2027
;� o Ass.
,,,,,, Notary ID 130188571
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: HORSESHOE CONSTRUCTION INC.
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. WS-0014-CON ENTERED INTO THE 20TH
DAY OF FEBRUARY, 2023 BETWEEN THE CITY OF PORT ARTHUR
AND HORSESHOE CONSTRUCTION INC.
(NAME OF CONTRACTOR)
OF LAPORTE, TEXAS
(CITY) (STATE)
FOR: SANITARY SEWER SYSTEM REHABILITATION LAKESIDE DRIVE
(NAME OF PROJECT)
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 Orders and modifications the
balance of
$0.00
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) None
(b) None
(c) None
(d) None
(ITEMIZE CLAIMS AND AMONTS DUE) (IF NONE,SO STATE)
3. The undersigned further certifies that all work required under this contract,including work
required under Change Order(s) numbered ONE 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 stated 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.
1
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,that if for any reason the Owner 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 Owner and Operator 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 Owner and Operator may
request.IN WIT SS WHEREOF,the undersigned has signed and sealed this instrument this/.r�
day
ofJ&4 , 2023
HORSESHOE CONSTRUCTION INC.
(CONTRACTOR)
BY; 7
(PROJECT MANAGER'
CHRISTIAN BAHL ,being first duly sworn on oath,deposes and says,first,that he is the
(CHRISTIAN BAHL)
PRO►ECT MANAGER of HORSESHOE CONSTRUCTION INC.
(NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as PROJECT MANAGER
of HORSESHOE CONSTRUCTION INC.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein are true.
(----)
``�� ` /// (CHRISTIAN BAHL)
Subscribed and sworn to before me this U day of VLI , 20 23.
My commission expires `/`�/3j//Z1_
(DATE)
`Oly1.1,:i PAULA LEGER
:i' `irS.Notary Public,State of Texas
%.'. '�= Comm.Expires 04-13-2027
.� ... +
��•.�ao pmac
Notary ID 130188571 (NOT PM t' <%E/
7
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: HORSESHOE CONSTRUCTION INC.
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. WS-0014-CON ENTERED INTO THE 20th
DAY OF FEBRUARY 2023, BETWEEN THE CITY OF PORT ARTHUR _
AND HORSESHOE CONSTRUCTION INC.
(NAME OF CONTRACTOR)
OF LAPORTE, TEXAS
(CITY) (STATE)
FOR: SANITARY SEWER SYSTEM REHABILITATION LAKESIDE DRIVE
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. HORSESHOE CONSTRUCTION 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 evidenced by the Engineer's Certificate of Completion.
3. This Certificate is given in connection with the final payment under the contract
between the Owner 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.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
/.S day of Jlit7y , 2073 .
J
HORSESHOE CONSTRUCTION INC.
(CONTRACTOR)
BY:
(PROJECT MANAGER
CHRISTIAN BAHL ,being first duly sworn on oath,deposes and says,first,that he is the
(CHRISTIAN BAHL)
PROJECT MANAGER of HORSESHOE CONSTRUCTION INC.
(NAME OF COMPANY(
second,that he has read the foregoing certificate by him subscribed as PROJECT MANAGER
of HORSESHOE CONSTRUCTION INC.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein are true.
---------- (CHRISTIAN:BA^L.
Subscribed and sworn to before me this 45 day of tilt 20�)
,,�v,r,�, PAULA LEGER (DATE)
'i;•'' f.,;Notary Public.State of Texas
a: iq Comm.Expires 04-13-2027
''4;;;; ,`` Notary ID 130188571
(NOTARY P BLIC)
2
EXHIBIT D
(City of Port Arthur Certificate of Acceptance)
City of Port Arthur, Texas
Department of Water Utilities
CERTIFICATE OF ACCEPTANCE FOR
LAKESIDE PIPEBURSTING CONTRACT FOR
THE CITY OF PORT ARTHUR
To: Horseshoe Construction, Inc.,of LaPorte,Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the Lakeside Pipebursting
Contract 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 LaPorte,Texas.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
EXHIBIT E
(Release of Retainage Invoice)
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