HomeMy WebLinkAboutPR 15566: 9TH AVENUE SANITARY SEWER EXTENSION PROJECTMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ~~ Q~~
DATE: October 9, 2009 *t
SUBJECT: Proposed Resolution No. 15566
COMMENTS
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15566 accepting a Certificate
of Completion, Contractor's Certificate and Release, and Certificate ofGuarantee for the 9"' Avenue
Sanitary Sewer Extension, approving Change Order No. 1 and Final, releasing retainage, and
approving the final payment of $19,140.26.
BACKGROUND:
This project provided for the extension of our gravity sanitary sewer line along 9`" Ave. from the
YMCA south to near Our Lady of Guadalupe Church. On August 26, 2008, this project was awazded
by Resolution 08-366 and a property owner assessment for the cost of these improvements was
approved by Ordinance 08-083. A Notice to Proceed was issued on 10/20/08 and the project was
declazed substantially complete on 03/31/09. Change Order No. 1 and Final adjusts quantities to
actual usage, and reduces the final contract amount by $113,839.74 to $382,805.26.
BUDGET/FISCAL EFFECT:
Funds for this final payment aze available inaccount no.419-1622-532.83-00, Project No. 419803.
The Finance Department can proceed with collection of assessed fees for this project.
STAFF/EMPLOYEE EFFECT:
None.
SUMMARY:
Approval of Proposed Resolution No. 15566 is recommended.
P.R. No. 15566
10/09/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, AND
CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE 9`" AVENUE
SANITARY SEWER EXTENSION PROJECT, APPROVING CHANGE
ORDER NO. 1 AND FINAL; AND APPROVING FINAL PAYMENT OF
$19,140.26 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 N0.419-1622-
532.83-00, PROJECT N0.419803.
WHEREAS, the City has issued a Certificate of Completion dated September 30, 2009, copy
attached hereto and made a part hereof as Exhibit "A", together with a Contractor's Certificate and
Release (Exhibit "B") and Contractor's Certificate of Guarantee (Exhibit "C"), both dated October 6,
2009 and executed by Daniel J. 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 Constmction, L.L.C. is
decreased by $113,839.74, making the final contract amount $382,805.76, 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 Nineteen Thousand One
Hundred Forty and 26/100 Dollazs ($19,140.26); 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. 15566
10/09/09
Page 2
behalf of the City of Port Arthur, a Certificate of Acceptance for the 9`~ Avenue Sanitary Sewer
Extension 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
Councihnembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
Tem Hanks ~ ""
Ci Secre Mark Sokolow / ~
~ ~ City Attorney l ~ ~~'~'~
P.R No. 15566
10/09/09
Page 3
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
~~
Ross Blackketter, PE
Director of Public Works
Ke ly El dge~~~~-
Director of Utility Operations
APPROVED AS TO AVAILABILITY OF FUNDS:
l~/~
i~ ~~~,~
Deborah Echols
Director of Finance
Account No. 419-1622-532.83-00, Project No. 419803
EXHIBIT "A"
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Sanitary Sewer System Extension along 9ei Avenue
(Between Lake Arthur Dr. & 60"' St) City Project #419803
Date of Issuance:
Owner(s): CITY OF PORT ARTHUR, TX (Jefferson County)
ENGINEER: Mumtaz A. Qureshi, P.E. City of Port Arthur, TX
CONTRACTOR: Troy Construction, LLC
Houston, 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
Tro Constmction L.L.C. Houston 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 Sent. 30.2009.
Mumtaz A. Qureshi P.E.
~ZA. q(tgESHI
46784 • ...a..
~,
~o~z(z~a~
EXHIBIT "B"
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Troy Construction. L.L.C.
(Name of Contractor)
TO• City of Port Arthur
(Local Public Agent)
CONTRACT NO. 419803 ENTERED INTO THE
DAY OF Ausust 26, 2008 ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Tmy Construction, LLC
(Name of Company)
OF Houston Texas
(CIT17 (STATE)
FOR THE 4th Ave. Sanitary Sewer Extension 419803
(Name of Project) (Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS.
KNOW ALL MEN BY THESE PRESENTS:
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 $19,140.26.
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 c]aims are 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
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 amour 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
~-~1 day of ~C.~~i~ . 20~_.
r7i1 ~nn`sh'L1L~10~1, LLB (sue.)
QCo~actor~ - lac,('.
( gnature an itle of Officer)
I~u(11~-I .~. ~~ ~('F~ ,being first duly sworn on oath, deposes and says, (Affiant)
first that he is the V°i/,Z I~fPSi 1~' ~~I (7 of the
(Title)
(Name of Company)
Page 2 of 3
second, that he has read the foregoing certificate by him subscribed as
~t(,~Yi~IGI~~~'~C~ of the
(T'itle)
(Name of Company)
Affiant further states that the matters and things stated herein are trnue.
AAA~J// Gant)
Subscribed and sworn to before me this 1~_ day of 20~.
My commission expires ~~~ °Gt]~7i _
(Date)
Sh~~-~°
~,u•• SHNtlFNGHES
NOTARYPUSIJC, STATE OFTF7(AS ~O4 )
MYCOMMISSIDN EXWHFS \L, "•`J
p5,N3p2012
Page 3 of 3
EXHIBIT "C"
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Tmv Construction. L.L.C.
(Name Contractor)
TO• City of Port Arthur
(Local Public Agent)
CONTRACT NO. 419803 ENTERED INTO THE
26 DAY OF Aueust 2008 BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Trov Construction. L.L.C.
OF Houston Texas
(CITY) (STATE)
FOR THE 9th Ave. Sanitary Sewer Extension #419803
(Name of Project) (Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Troy Construction. L.L.C. does hereby guarantee all of the work done under the above
referenced contract to be free from faulty materials in every pazticulaz, and &ee 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.
This Certificate is given in connection of the final payment under the contract between the
City of Port Arthur and Tmv Construction. L.L.C. 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
Ip~ day of ~~~i' .201.
~~611SlYilC~7tR1~ u.(:(~
1,( C.
-^
(Sfgnahue and (title of Officer)
17.fi11Ll ~ ~ J~.lru .being fast duly sworn on oath, deposes and says,
(Affiant)
first, that be/she is the ~'/.~ ~iQcSiC~t",91~~~ of the
second, that he bas read the foregoing certificate by him subscribed as
(Title)
(Name o~Company)
of the
Affiant further states that the matters and things stated herein tt~
(Affant)
Subscribed and sworn to before me this ~ day of ~k'~~1Zf . 20(~
My commission expires ~-~'~~Z!
(Date)
6j° BHABI HUGHES
. NOTARY PUBLIC, STATE OFTENAS
aW AIY COMMISSION E]~IHEB
osroano~x 5~~~ ~
(Notary)
Page 2 of 2
EXHIBIT "D"
CHANGE ORDER NO. 7 8r FINAL
DATE: Seot.30.2009
AGREEMENT DATE: August 26, 2008
NAME OF PROJECT: 9th Avenue Sanitary Sewer Extension Project
OWNER: City of Port Arthur
CONTRACTOR: Trov Construction. LLC
The following changes are hereby made to the CONTRACT DOCUMENTS:
Adjustment of Final Quantities per the following:
9th Avenue Sanitary Sewer Extension Project #419803
Bid Paekage #11AIL #1
Est Unit Fianl Final
Item Description of Work Unit City Price Total gly Total Difference
18" PVC,C905/RJ,
DR25,Certa-LOk or Equal,
Directional Bore, Complete
1 to in Place per Spec. LF 480 $ 189.00 $ 90,720.00 1035 $ 195,615.00 $ 104,895.00
6" PVC,C900/RJ, OR25,
Certa-Lok a Equal,
Directional Bore, Complete
2 in Place per Spec. LF 135 $ 94.00 $ 12,690.00 128 $ 12,032.00 $ (658.00)
16" PVC, C905/RJ,DR25,
Cena-Lok Complete in Place
per Spec. or Equal, inU.
Bedtling Matedaf, Backfll,
Surface, Restoration, etc.
3 Complete in Place per Spec. LF 270 $ 140.00 $ 37,800.00 4 $ 560.00 $ (37,240.00)
6" PVC,SOR 26, ASTM
02241 intludirg Bedtling,
Barkfill, Surface Restoration
etc., Complete in Place per
4 Field. - LF 15 $ 89.00 $ 1,335.00 50 $ 4,450.00 $ 3,115.00
6" PVC, SDR 26. Service
Connection From New
Manhole up to 25 LF,
5 Complete in Place F1~CH 2 $ 1,410.00 $ 2,820.00 3 $ 4,230.00 $ 1,410.00
New Fiberglass MH, ASiM
03573 Complete in Place
per Plans antl Specs per
6 Fieltl DepMS EACH 5 $ 3,200.00 $ 16,000.00 3 $ 9,600.00 $ (6,400.00)
Crushetl Stone Support
Under MH Base inG. Fxt2
Excavation Complete in
7 Place per Dwg LS 1 $1,180.00 $ 1,180.00 1 $ 1,180.00 $ -
Piling SuDDoR under MH
Base inG. Fxtre F~rcevafion,
8 Complete in Place per Owg. LS 1 $ 2,480.00 $ 2,480.00 D $ - $ (2,480.00)
Well Pointing/ Dewatedng
System Installation antl
Operations Requiretl per
9 Field Condi4ons LS 1 ~## $ 18,000.00 0 $ - S (18,000.00)
Installation of Trench Safety
System for All Deplhs Over
10 5', Complete LF 500 $ 2.00 $ 1,000.00 250 $ 500.00 $ (500.00)
Flagman for Traffic Control
Uniformed Peace Officers,
when Required antl
11 Approved per Fieltl HOUR 40 $ 42.00 $ 1,680.00 0 $ - $ (1,680.00)
Remove & Replace 12-24"
Conc. Culvert Aprons, when
Required and Approved per
12 Field LF 100 $ 240.00 $ 24,000.00 54 $ 12,960.00 $ (11,040.00)
Fxtra C S Sand BaGcfill
where Approved, Complete
13 in Place TON 100 $ 42.00 $ 4,200.00 125 $ 5,261.76 $ 1,061.76
Extra Bahama Stone a
Equal when Approvetl,
14 Complete in Place TON 100 $ 30.00 $ 3,000.00 60.5 $ 1,815.00 $ (1,165.00)
Ex r Bank Santl or Equal
when Approved, Complete
15 in Place TON 100 $ 29.00 $ 2,900.00 15 $ 435.00 $ (2,465.00)
Extra Excavation b/ Madrine
or Hand, when Approved per
16 Field CY 50 $ 30.00 $ 1,500.00 46.5 $ 1,394.70 $ (105.30)
Extra Sod Replacement,
Surface Restoration where
17 Approved SF 1000 $ 5.00 $ 5,000.00 0 $ - $ (5,000.00)
Extra Conc., 3590 psi, wNro
Reinf. when Requiretl per
18 Field CY 10 $ 420.00 $ 4,200.00 0 $ - $ (4,200.00)
Cash Allowance for Misc.
Work as Approved, Invoiced
19 by Others LS 1 $5,000.00 $ 5,000.00 0.31 $ 1,545.00 $ (3,455.00)
P-11A-1 Subtotal $235,505.00 $ 251,578.46 $ 16,073.46
Bid Package M2
EsG Unit Fianl Final
Item Descriofion of Work Unit C1yt Price Total ~ Total Difference
1B" PVO,SOR 26, ASTM
03634,E 679, inGuding
Bedding, Backfill, Surface
Restoration etc. Complete in
1 Place per Oc'+9. LF 1050 $133.00 $139,650.00 762 $ 101,346.00 $ (38,304.00)
B"PVC, C900R2J, DR25,
Certa-LOk a Equal,
Directional Bore Complete in
2 Place per Spec LF 135 $196.00 $26,460.00 0 $ - $ (26,460.00)
New Fiberglass MH, ASTM
03573 Complete in PWce
per Plan and Specs per
3 Field Depths EACH 4 $3,170.00 $12,680.00 3 $ 9,510.00 $ (3,170.00)
Cmshetl Stone Support
Untler MH Base incl. Extra
Excavation Complete in
4 Place per Dwp. LS 1 $1,500.00 $1,500.00 1 $ 1,500.00 $ -
Piling Support untler MH
Base inG. EMre Excavation,
5 Complete in Place per Dwg. LS 1 $2,600.00 $2,600.00 0 $ - $ (2,600.00)
Well Pointlng/Dewatenng
System Installation and
Operation as requiretl per
6 Field Conditions. LS 1 $18,000.00 $18,000.00 0 $ - $ (18,000.00)
Installation of Trench Safety
System for all Depms Over
5', Complete in Place, and
7 as per OSHA Std. LF 1125 $2.00 $2,250.00 862 $ 1,724.00 $ (526.00)
Flagman for Traffic Control
Un"rfortned Peace Officers,
when Requiretl and
8 Approved HOUR 200 $42.00 $8,400.00 0 $ - $ (8,400.00)
Remove 8 Replace 12-24'
Conc. Culvert Aprons, when
9 Required and Approved LF 20 $200.00 $4,000.00 0 $ - $ (4,000.00)
Remove 8 Restore
Driveway, Parking, etc Saw
Cut All Depths, indudes
base Preparation. Concw/
10 Reinforcement per Field. SF 350 $12.00 $4,200.00 0 $ - $ (4,200.00)
Remove antl Replace with
New Chain Link Fence
Materials, where and when
11 Approved LF 100 $42.00 $4,200.00 0 $ - $ (4,200.00)
Site Clearing 8 Grubbing.
Remove All Shrubs, Trees
& Roots from Work Areas as
12 Necessary LS 1 $14,400.00 $14,400.00 1 $ 14,400.00 $ -
Fxtm C SSantl Backfll
where Approved, Complete
13 in Place TON 100 $42.00 $4,200.00 0 $ - $ (4,200.00)
Ezua Bahama Srone or
Equal when Approvetl,
14 Complete in Place TON 100 $30.00 $3,000.00 D $ - $ (3,000.00)
E#ra Bank Santl or Equal
when Approvetl, Complete
15 in Place TON 100 $29.00 $2,900.00 0 $ - $ (2,900.00)
Extra Excavation by Machine
or Hand, when Approved per
16 Field CY 50 $30.00 $1,500.00 28.6 S 858.80 $ (643.20)
Extra Sotl Replacement,
Surtace Restoration where
17 Approved SF 1000 $5.00 $5,000.00 0 $ - $ (5,000.00)
Extra Conc., 3500 psi, wMro
Reinf. when Requiretl per
18 Field CY 10 $420.00 $4,20D.00 4.5 $ 1,890.00 $ (2,310.00)
Extra Cash Allowance for
Works as Approved,
19 Inwicetl W Omer LS 1 $2,000.00 $2,000.00 0 $ - $ (2,000.00)
P-2 Subtotal 5261,140.00 $131,226.SD 5(129,913.20)
Contract Total $496,645.00 $382,805.26 $(113,839.74)
CHANGE TO CONTRACT PRICE: ($113.839.74)
ORIGINAL CONTRACT PRICE: $496.645.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER: $496.645.00
The CONTRACT PRICE due to this CHANGE ORDER will be increased by: 0 davs
The new CONTRACT PRICE including this CHANGE ORDER will be: $382,8050.26
CHANGE TO CONTRACT TIME: None
DATE OF COMPLETION; March 31.2009 (Substantial Completion). Certified 09/30/09
CHANGE ORDER NO. 1 & FINAL
NAME OF PROJECT: 9th Avenue Sanitary Sewer Extension Project
No other Terms and Conditions of the Contract are 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
Mumtaz Qureshi, PE
REQUESTED BY:
Contractor
CONTRATOR, OFFICER, OR OWNER
ATTEST FOR CONTRACTOR
CORPORATE SEAL
ACCEPTED BY CITY OF PORT ARTHUR
MAYOR
CITY SECRETARY
CITY MANAGER
CITY ATTORNEY
APPROVED AS TO FORM
CITY SEAL
EXHIBIT "E"
P.R No. 15566
10/09/09
CERTIFICATE OF ACCEPTANCE
FOR
Stn Avenue Sanitary Sewer Extension Project #419803
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 9th Avenue Sanitary Sewer
Extension Project, on the basis of the Contractor's Certificate and Release, executed by
Daniel O'Hare, Vice President & CFO, of Trov Construction, L.L.C.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary