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Home My WebLink AboutPR 17115: CHANGE ORDER 5 ACCEPTANCE AND FINAL PAYMENT FOR PRIMARY GENERATORS MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: John Comeaux, P.E., Acting City Manager FROM: Kelly Eldridge, Director of Utility Operations )46 DATE: June 26, 2012 + SUBJECT: Proposed Resolution No. 17115 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 17115 authorizing the execution of Change Order No. 5 (Final) to the contract between the City and T. Johnson Industries, Inc., of Lumberton, Texas, decreasing the contract amount $904.61 an increase the contract time by 61 calendar days, for the Primary and Secondary Generators for the Main Wastewater Treatment Plant and Primary Generator for the Main Outfall Lift Station Project. This PR also accepts the project and authorizes final payment (release of retainage). BACKGROUND This project is for the provision of emergency generators at the above facilities. The TDRA has provided grant funds for this work. This change order provides for additional electrical surge protection equipment at the WWTP, waterproof coating to the electrical switchgear building, deletes unused supplemental items, and also provides a short time extension for this work. The new contract date of completion is July 31, 2012. A Final Inspection was conducted on this project and A &G issued an Engineer's Certificate of Completion dated June 22, 2012. BUDGET/FISCAL EFFECT The Change Order decreased the contract amount by $904.61, Project No. ORPRIM, ORMSEC, & ORMAIN. For Finance: ($452.305) ORPRIM ($452.305) ORMSEC $0 ORMAIN STAFF/EMPLOYEE EFFECT City staff will operate and maintain these generators. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17115. 1 P.R. No. 17115 06/26/12 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 5 (FINAL), THE ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT FOR THE PRIMARY AND SECONDARY GENERATORS FOR THE MAIN WAS "1'EWATER TREATMENT PLANT AND PRIMARY GENERATOR FOR THE MAIN OUTFALL LIFT STATION PROJECT, ACCOUNT NO. 141 - 1201 - 532.59 -00, PROJECT NO. ORPRIM, ORMSEC, & ORMAIN. WHEREAS, the City is currently under an Agreed Order with the TCEQ to rehabilitate its sanitary sewer system; and, WHEREAS, the City is in need of upgrading key lift stations and WWTP'S to provide electrical power during emergency conditions in order to continue to provide service and to meet TCEQ Design Criteria; and, WHEREAS, the City applied for, and received, a grant from the Texas Department of Rural Affairs for such emergency generators; and, WHEREAS, on June 28, 2011, by Resolution No. 11 -239, the City Council awarded the Primary and Secondary Generators for the Main Wastewater Treatment Plant and Primary Generator for the Main Outfall Lift Station project to T. Johnson Industries, Inc. in the amount of $1,192,605.70; and, WHEREAS, during the course of the project, the City has requested additional work to install surge protection equipment that will facilitate the operation and maintenance of the Main WWTP generator supplied under this project; and, WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. prepared and recommends Change Order No. 5 (attached as Exhibit "A ") to include such work and decreased the contract amount by $904.61 and increase the contract time by 61 calendar days, and a Final Inspection has been conducted, and Arceneaux & Gates Consulting Engineers, Inc. has issued an EXHIBIT A (Change Order No. 5) CB ARCENEAUX GATES CONSULTING ENGINEERS, INC. CHANGE ORDER No. 5 DATE: June 27, 2012 JOB NO. CPA -570 AGREEMENT DATE: July 5, 2011 NAME OF PROJECT: PRIMARY & SECONDARY GENERATORS for MAIN WWTP and PRIMARY GENERATOR for MAIN OUTFAL LIFT STATION OWNER: CITY of PORT ARTHUR CONTRACTOR: T. JOHNSON INDUSTRIES, INC. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Delete /Adjust the following Bid Items to actual quantities used: a. Bid Item No. 2, Extra Reinforcing Steel 200 LB. @ $0.75. [ -] $ 150.00 b. Bid Item No. 3, Extra Class "A" Concrete 20 C.Y. @ $150.00. [ -] $ 3,000.00 c. Bid Item No. 4, Extra- Cement Stabilized Sand 20 C.Y. @ $30.00. [ -] $ 600.00 SUB -TOTAL ($ 3,750.00) 2. Add the following Items to the Contract and Scope of Work: a. Paint the Exterior of the new ATS Building at the Main WWTP with Watertite Latex Concrete Masonry [ +] $ 2,193.53 b. Install One Surge Protector on Main Plant Secondary Service ATS [ +] $ 651.86 SUB -TOTAL ( +] $ 2,845.39 TOTAL ($ 904.61) CHANGE ORDER NO. 5 I ED June 27, 2012 ARCENEAUX Job No. CPA -570, Contract No. 1 GATES CONSULTING ENGINEERS, INC. CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $1,192,605.70 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,260,288.49 The CONTRACT PRICE due to this CHANGE ORDER will be [increased] [decreased] by: $904.61 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $1,259,383.88 i CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 150 Calendar Days CURRENT CO adjusted by previous TIME adjusted b revious CHANGE ORDER: 316 Calendar Days CURRENT DATE OF COMPLETION: May 31, 2012 CONTRACT TIME due to this CHANGE ORDER will be increased by 61 Days The New DATE OF COMPLETION: July 31, 2012 No other Terms and Conditions of the Contract are changed as a result of this Change Order. Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs incurred by Contractor in his performance of the work covered by the Change Order. RECOMMENDED BY ENGINEER: ACCEPTED BY: 4 %) ARCENE & GATES [CONTRACTOR, ! <' ER OR OWNER] CONS LTI G ENGINEERS, INC. T. JO SON INDRUSTRIES, INC. ACCEPTED BY: CITY of PORT ARTHUR 2 of 2 EXHIBIT "B" (Engineer's Certificate of Completion) • ENGINEER'S CERTIFICATE OF COMPLETION Project: PRIMARY & SECONDARY GENERATORS FOR MAIN WWTP AND PRIMARY GENERATOR FOR MAIN OUTFALL LIFT STATION Date Of Issuance: June 27, 2012 Owner(s): CITY OF PORT ARTHUR Owner's Project No.: CPA -570, Contract No. 1 Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC., A BURROW GLOBAL COMPANY Contractor: T. JOHNSON INDUSTRIES, 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 T. JOHNSON INDUSTRIES, 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 June C 2012 4. 0 F T 4: LN DATE OF COMPLETION c .• • • • • • •.� ! •• Executed by Engineer on June 27, 2012 i * • % * JOE M. WILSON, JR. f -0 92067 �cr E • 1 � .! / DENS 0 2 11 \\ o ALs9r BY: 1111111k IMIO ARCENEAUX & � TES. * -TING ENGINEERS, INC., [SEAL] A BU • OW GLOBAL COMPANY 1/1 EXHIBIT "C" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: T. JOHNSON INDUSTRIES, INC. (Name of Contractor) TO: CITY OF PORT ARTHUR REFERENCE CONTRACT NO. CPA -570, Contract No.1 ENTERED INTO THE 5th DAY OF July, 2011 BETWEEN THE CITY OF PORT ARTHUR AND T. JOHNSON INDUSTRIES, INC. OF LUMBERTON, TEXAS (City) (State) FOR THE PRIMARY & SECONDARY GENERATORS FOR MAIN WWTP AND PRIMARY GENERATOR FOR MAIN OUTFALL LIFT STAION to SERVE the CITY OF PORT ARTHUR, CPA -570, CONTRACT NO. 1 . LOCATED IN THE CITY OF PORT ARTHUR, TEXAS KNOW ALL MEN BY THESE PRESENTS: 1. T. JOHNSON INDUSTRIES, 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 of the final payment under the contract between the Owner and T. JOHNSON INDUSTRIES, 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 W ESS WHE' OF, the undersigned has signed and sealed this instrument this .. ZA - -1 day of _ /, ! , 2012. (CO h/ ORATE SEAL) T. JOHNSON INDU J IES, INC. (Contractor) BY: , Owner ( Terry Johns. • 1/2 Terry Johnson, being first duly sworn on oath, deposes and says, first that he /she is the Owner of T. JOHNSON INDUSTRIES, INC. (Title) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Owner (Title) of T. JOHNSON INDUSTRIES, INC. (Name of Company) Affiant further states that the matters and things stated herein are true. �•` • ANAHE D DRAKE ,1 4 , . , t.t.E t - I Z , , Notary Public I *� STATE OF TEXAS ( erry Johnson 1L `'"' � COMM. _ March 29, 2015 1) Subscribed and sworn to before me thisOv day of j .1� , 2012. My commission expires: -3 /c0/he (Date) 1.0 11 (Nota usl) 2/2 EXHIBIT "D" (Contractor's Certificate of Guarantee) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: T. JOHNSON INDUSTRIES, INC. (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) REFERENCE CONTRACT NO. CPA - 570, CONTRACT NO. 1 ENTERED INTO THE 5 DAY OF JULY, 2011, BETWEEN THE CITY OF PORT ARTHUR AND T. JOHNSON INDUSTRIES, INC. (Name of Contractor) OF LUMBERTON, TEXAS (City) (State) FOR THE: PRIMARY & SECONDARY GENERATORS FOR MAIN WWTP AND PRIMARY GENERATOR FOR MAIN OUTFALL LIFT STATION 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 SIXTY SIX THOUSAND NINE HUNDRED THIRTY EIGHT DOLLARS and FORTY SIX CENTS ($ 66,938.46) 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 - 5 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 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 WI , SS I :REOF, the undersigned has signed and sealed this instrument 4i-cra y of , 2012. (CORP. =`i SEAL) T. JOHNSON INDUST _.i�c:� , C. iii • (Contractor) BY: ./ `, - — - (Terry Johnson) Terry Johnson , bei • first duly sworn on oath, deposes and says, first, that (Terry Johnson) he is the Owner of T. JOHNSON INDUSTRIES, INC. (Title) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Owner (Title) of T. JOHNSON INDUSTRIES, INC. (Name of Company) giant further states that the matters and things stated herein are . (Terry o , so Subscribed and sworn to before me this ____ day of , 2012. My commission expires Q 3 -9 7 �� • ( Da 0. - - •A K 0 DRAKE , 110 . )l �` , 1 '%;. 41 STATE OF TEXAS (Notary Pub ic 1 ._. °` __ Comm. T . March 29, 2015 , I 2/2 EXHIBIT "E" (Certificate of Acceptance) CERTIFICATE OF ACCEPTANCE FOR PRIMARY AND SECONDARY GENERATORS FOR THE MAIN WASTEWATER TREATMENT PLANT AND PRIMARY GENERATOR FOR THE MAIN OUTFALL LIFT STATION PROJECT IN THE CITY OF PORT ARTHUR TO: T. Johnson Industries, Inc. Date: Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the PRIMARY AND SECONDARY GENERATORS FOR THE MAIN WASTEWATER TREATMENT PLANT AND PRIMARY GENERATOR FOR THE MAIN OUTFALL LIFT STATION PROJECT 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 Terry Johnson, Owner, of T. Johnson Industries, Inc. John Comeaux, P.E. Acting City Manager ATTEST: Sherri Bellard City Secretary