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HomeMy WebLinkAboutPR 17107: ACCEPTANCE AND PAYMENT FOR PIPE BURSTING AND SLIPLINING METHODS PROJECT - PA64C & PA66 MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: John Comeaux, P.E., Acting City Manager FROM: Kelly Eldridge, Director of Utility Operations /(fe DATE: May 30, 2012 SUBJECT: Proposed Resolution No. 17107 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 17107 authorizing the acceptance of the project for the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & PA66, Contract No. 6, City Project No. 404PB6 from ALLCO, Inc., of Beaumont, Texas, and authorizing final payment (release of retainage). BACKGROUND This project was for the cleaning, television inspection, and rehabilitation of sanitary sewer mains in the areas shown in red below, plus a short section along Jimmy Johnson Blvd. near 9 Avenue. We conducted a final inspection on the project last month and Arceneaux & Gates Consulting Engineers has issued an. Engineer's Certificate of Completion. This is an ARRA/TWDB grant project. - --z4„,;, ; /%'''. ( i tii , $.4 ' ' k' - :',.. ' I . 0. � �' ...... - /sr / , i,„,, sk, r _-__-_-!I i i ii 3 ` ? *'/ `I * ,.mot .. _. - ,A..--- . - .tea € -f i i +_ x „e BUDGET/FISCAL EFFECT This action finalizes the project. STAFF/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17107. P.R. No. 17107 05/30/12 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE PROJECT FOR THE SANITARY SEWER REHABILITATION BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT, BASINS PA64C & PA66, CONTRACT NO. 6 FROM ALLCO, INC. AND AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $174,224.75, ACCOUNT NO. 404 - 1625 - 532.83 -00, PROJECT NO. 404PB6. WHEREAS, the City is currently under an Agreed Order with the TCEQ to rehabilitate its sanitary sewer system; and, WHEREAS, there exists a need to reduce flows and eliminate sanitary sewer overflows in our collection and treatment systems; and, WHEREAS, on October 20, 2009, by Resolution No. 09 -489, the City Council awarded the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & PA66, Contract No. 6, City Project No. 404PB6 to ALLCO, Inc.; and, WHEREAS, the work on this project is complete, a Final Inspection has been conducted, and Arceneaux & Gates Consulting Engineers, Inc. has issued an Engineer's Certificate of Completion dated May 16, 2012 (attached as Exhibit "A "), and recommends acceptance and final payment by the City; and, WHEREAS, the contractor has executed a Contractor's Certificate and Release (attached as Exhibit "B ") and a Contractor's Certificate of Guarantee (attached as Exhibit "C "); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby authorizes the City Manager to issue a Certificate of Acceptance for the project (attached as Exhibit "D ") and authorizes final P.R. No. 17107 05/30/12 Page 2 of 3 payment in the amount of $174,224.75 to ALLCO, Inc. for the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & 66, Contract No. 6, City Project No. 404PB6; and, THAT, the City Secretary shall provide a certified copy of this Resolution to Arceneaux & Gates Consulting Engineers for forwarding to the TWDB for processing and approval; 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 2012 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: -" Deloris Prince Mayor ATTEST: APP ' 0 1 AS TO FORM: 1.I ilk. Sherri Bellard Valecia "ize o fri low City Secretary City Attorney P.R. No. 17107 05/30/12 Page 3 of 3 APPROVED FOR ADMINISTRATION: John Comeaux, P.E. Acting City Manager ta/ Ross Blackketter, P.E. Director of Public Works t� a )/ Kelly Eldridg �` Director of Utility Operations APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols fr Director of Finance Account No.: 404 - 1625 - 532.83 -00 Project No.: 404PB6 EXHIBIT A (Engineer's Certificate of Completion) L ENGINEER'S CERTIFICATE OF COMPLETION Project: Sanitary Sewer Rehabilitation by Pipe Bursting and Slip Lining Methods, Basins PA64C & 66 to Serve the City of Port Arthur Date Of Issuance: May 16, 2012 Owner(s): CITY OF PORT ARTHUR Owner's Project No.: CPA -490, Contract No. 6 Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC., A BURROW GLOBAL COMPANY Contractor: ALLCO, L.L.C. 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 ALLCO, L.L.C. [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 May 16, 2012 ... �, .cE o; TF � ` 4 DATE OF COMPLETION f � • �r • • Executed by Engineer on 5' -1 , 2012 fiOEM. WILSON, JR. 4 ti 92067 : CC e y t? •- : E ,0 /1 eENS .. 1 %% ��'ON = lt?C BY: ARCEN • GATES COI ING ENGINEERS, INC. [SEAL] 1/1 EXHIBIT "B" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ALLCO, L.L.C. (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) REFERENCE CONTRACT NO. CPA - 490, CONTRACT NO. 6 ENTERED INTO THE 13 DAY OF NOVEMBER, 2009, BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, L.L.C. (Name of Contractor) OF BEAUMONT, TEXAS (City) (State) FOR THE: SANITARY SEWER REHABILITATION by SLIP LINING METHODS, BASINS PA64C & 66 TO SERVE THE CITY OF PORT ARTHUR 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 ONE HUNDRED SEVENTY FOUR THOUSAND TWO HUNDRED TWENTY FOUR Dollars and SEVENTY FIVE Cents ($ 174,224.75) 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) (Itemize claims and amounts 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 1 -7 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. 1/2 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. 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, p �a p � 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 WI SS WHEREOF, the undersigned has signed and sealed this instrument this 1 0kday i of ('4 , 2012. (COR SEM,) y ALLCO, L.L.C. (Contractor) BY: .►.rte. /, (Keith Burrell) 1 Keith Burrell , being first duly sworn on oath, deposes and says, first, that (Keith Burrell) he is the Vice President of ALLCO, L.L.C. (Title) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Vice President (Title) of ALLCO, L.L.C. (Name of Company) Avant further states that the matters and things stated herein are true. i ..1./ (Keit' urrell) "---- - �` Subscribed and sworn to before me this 1 W kday of ` , 2012. My commission expires 510 7,/c olf . (Date) a ti IL 1 At i„�i, (No ry Pub 2/2 EXHIBIT "C" (Contractor's Certificate of Guarantee) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: ALLCO, L.L.C. (Name of Contractor) TO: CITY OF PORT ARTHUR REFERENCE CONTRACT NO. CPA - 490(491), Contract No.6 ENTERED INTO THE 13 DAY OF November, 2009 BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, L.L.C. OF BEAUMONT, TEXAS (City) (State) FOR THE SANITARY SEWER REHABILITATION by PIPE BURSTING and SLIP LINNING METHODS, BASINS PA64C & 66 to SERVE the CITY OF PORT ARTHUR, CPA -490, CONTRACT NO. 6 LOCATED IN THE CITY OF PORT ARTHUR, TEXAS KNOW ALL MEN BY THESE PRESENTS: 1. ALLCO, L.L.C. 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 of the final payment under the contract between the Owner and ALLCO, 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. IN W SS WHEREOF, the undersigned has signed and sealed this instrument this /(e-4, day of , 2012. (CORPORATE SEAL) ALLCO, L.L.C. (Contractor) BY: W , Vice President (Keittt`Burrell) 1/2 Keith Burrell, being first duly sworn on oath, deposes and says, first that he is the Vice President of ALLCO, L.L.C. (Title) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Vice President (Title) of ALLCO, L.L.C. (Name of Company) Affiant further states that the matters and things stated herein are true. (Keith Burrel r Subscribed and sworn to before me this ) ( (3,.1 day of anj , 2012. My commission expires: t / ! /d/5 (Date) .11 f r ., =•�� ANABELLE 0 DRAKE 11 No • .1 .l ,* Notary Public l� ' !? w ah . 4.0 STATE OF TEXAS 1 Cpmm Minch 29, 2015 2/2 EXHIBIT "D" (Certificate of Acceptance) f CERTIFICATE OF ACCEPTANCE FOR SANITARY SEWER REHABILITATION BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT, BASINS PA64C & PA66, CONTRACT NO. 6 IN THE CITY OF PORT ARTHUR TO: ALLCO, Inc. Date: Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the SANITARY SEWER REHABILITATION BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT, BASINS PA64C & PA66, CONTRACT NO. 6 on the basis of the Engineer's Certificate of Completion by Joe M. Wilson, Jr., P.E., of Arceneaux & Gates Consulting Engineers, the Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed by Keith Burrell, Vice President, of ALLCO, Inc. John Comeaux, P.E. Acting City Manager ATTEST: Sherri Bellard City Secretary