HomeMy WebLinkAboutResolution - 2008-R0320 - Partial Release Of Retainage Regarding Drainage Project - Utility Contractors - 08_28_2008Resolution No. 2008—RO320
August 28, 2008
Item No. 5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes a partial release
of retainage to Utility Contractors of America, Inc., of Wolfforth, Texas, due to
substantial completion of the South Lubbock Drainage Improvements Project —Package
No. 1. and directs the City staff to retain not more than $100,000 until final completion
and acceptance by the City.
Passed by the City Council this 28th day of August , 2008.
ATTEST:
ca Garza, City Secretary
APPROVE D AS TO CONTENT:
Mike Keenum, Stormwater Engineer
APPROVED A&J—O FORM:
City
DDres/UCAdrainageCon08 PartRetainageRes
August 19, 2008
TOM MARTIN, MAYOR
Resolution No. 2008—RO320
MEMO
TO: Mike Keenutn, P.E., Stornnwater Finaineer
FROM: Paul W.Notillen, P.E. PM
SUBJECT: South Lubbock Drainage Itnprovements, Package No, I -- Substantial Completion
DATE: August 14, 2008
Mike:
PSC Job No: 01-2668-06
It has come; time to try to wrap-up the South Lubbock Drainage Improvements Package TI.
As is often the case at substantial completion of large civil projects, there are usually a few items that remain to be
finished. However, I have only one item listed as remaining on this project. The item that I have on my list is
primarily from our progress meeting held on August 13, 2008, and a review of the progress made in clearing out the
small tasks. Also, the project was opened to tratl`ic on the last segment of 98`I' Street on June 26, 2008 when the
last piece of'98`I' Street asphalt test reports were f6und acceptable. The storm sever also was observed to be
functioning at some of the inlet intake ports after some precipitation in April 2008. "Thus, the major components
along with the right-of-way restorations are in service, or nearing completion.
I would recommend that project rtainage can be reduced immediately to not more than S 100.000.00 total, This will
be $57_7j6_ 30 in overall project retainao his S42233.70 fractional line -item remaining payment once the
vegetation establishment is accgpted. Thus the City will still be holding a little over 2.3 times the value 1f thework
remaining i.e. $100,000.00 divided by_542 233.79
_.__
Miscellaneous Items to Complete:
1. Vegetation establishment. Necessary areas have had seed applied or sod installed. Establishment
period undenvay.
Once the above item is completed, then we will be ready to final -out the project, issue a Certificate of Project
Completion and release the remaining monies.
Attached are the following:
1. Certificate of Substantial Completion in triplicate originals. Once all are executed, retain one original
for the C:ity's records, forward one original to the Contractor, and forward one original to PSC.
2. Contractor's notarized warranty in duplicate originals. PSC has retained a photocopy fir our records_
3. Contractor's letter of request for release of rrainage.
4. Pay Request Application 146 that reflects reduction in withheld monies to S100.600.00 total in
quadruplicate originals. Once all are executed, retain two original, fin the City records, forward one
original with payment to the Contractor, and forward one original to PSC: for our records.
'['hank you for your assistance and please let me know if you have any questions.
X ::r,.d ^5P'). i•1 G:I I:..:¢Fer::a iCr:nyi1a,n !&nw 5,;Wnn r>(W.'
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects - Planners
4222 85th Street, Lubbock. Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock ElPaso Midland Amarillo Odessa
UTILITY CONTRACTORS OF AMERICA, LTD.
927 Highway 62 - Woftrth, Texas 79382-9778 (806) 866-9380, Fax # (806) 866-9530
August 14, 2008
Parkhill, Smith & Cooper Inc.
Attn: Paul McMillen, P.E.
4222 8e Street
Lubbock,Texas
Re: South Lubbock Drainage Improvements Project
Mr. McMillen,
Utility Contractors of America, Ltd. respectfully request the release of retainage on the abovementioned project due to
substantial completion of the project.
Please contact our office if you have any questions or if require anything additional.
re
y a e, G.M.
Resolution No. 2008—RO320
Prow& South Lubbock Drainage
Certificate of Substantial Completion
•ot--Ad Na iTB #001-o4,b`K
contract: South Lubbock Drainage Improvements Package No. 1 !Cafe ofCoroa& NTP October 27, 2004
^ntxraaer Utility Contractors of America, Inc., Wolfforth, Texas c^y :eersnYccNt Vo.: G1-206&06
This definitive Certificate of Substantial Completion applies to:
❑ Alt Work under the Contract Documents: L The following specified portions:
All items of work except for items listed in Engineers Memorandum dated August 14, 2008.
June 26, 2008
Cale of substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer,
and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is
hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as
stated below.
A definitive list of items to be completed or corrected, is attached hereto. This list may not be ail -inclusive, and the failure to
include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the
Contract Documents.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as provided in the Contract Documents except as amended as follows:
❑ Amended Responsibilities r ] Not Amended
Owner's Amended Responsibilities: None
Contractor's Amended Responsibilities: None
The following documents are attached to and made part of this Certificate:
PSG Memorandum to Mike Keenum, P.E., from Paul McMillen, P.E. (Engineer's memorandum dated August 14, 2008),
Contractors Warranties, Contractor's lefter, and Application for Payment#46.
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of
Contractor's obligation to complete the Work in accprdance with the Contract Documents.
cxecufed by F gireer gate
Accepted by a9tfador Date
oepted by Arer Oale
t:.ICDC No. C-625 (21)(12 Edition) Page I of 1
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
;associated General Contractors of America and the Construction Specifications Instittite.
CONSTRUCTION PROJECT WARRANTY
Warranty for: South Lubbock Drainage Improvements Package No. 1 and change orders
thereto. City of Lubbock (Owner) ITB #001-04/VK
Utility Contractors of America. Ltd., 927 U.S. Highway 62-82, Wolfforth, Texas 79382 does
hereby warrant the South Lubbock Drainage Improvements Package No.1 and change
orders thereto against defects in materials and workmanship for a period of one year, said one-
year period beginning at 12:00 a.m. June 26, 2008.
Utility Contractors of America, Ltd. will replace, at no expense to the Owner, any or all work
that may prove to be defective in workmanship or materials, or that is discovered to not
substantially meet specification requirements, within the defined one-year period together with
any other work which may be damaged or displaced in so doing.
Exclusions: Not covered tinder this warranty are damages or destruction from third -parties,
Owner negligence, vandalism, acts of God, acts of the public enemy, acts front
civil unrest, fire, and/or flood. Also excluded from warranty are alterations to the
original work that are not conducted under the terms of the original construction
agreement between the City of Lubbock, Texas (as Owner) and perfonned by
Utility Contractors of America, Ltd. (as Contractor) or Contractor's agents.
In the event of Utility Contractors of America,, Ltd. failure to comply with the above mentioned
obligation within a reasonable time after being notified in writing of such defect(s) in
workmanship andlor materials, we, collectively and separately, do hereby authorize the Owner to
proceed to have the defective work and/or materials repaired and made good at our expense and
Utility Contractors of America, Ltd. will pay the costs and charges immediately upon demand.
This warranty binds Utility Contractors of America, _Ltd.'s successors, heirs and assigns to
correct defective workmanship and materials for the specifierd project named above for the above -
defined warranty period. , , L�J I--,—
For Utility Contractors of America, Ltd.:
-------.._.. _ -
(Signatur and 'Typed Name)
Signed before me by., a person known to me or presenting proper evidence of
identity, on this date:
Notary Signature: _............ _...._...-................ (Notary Seal)
_ F 4
3Vvb'14D
.. ,'Y�i�tdn,.�
OWNER: CITY OF I VBHOCK. rlXAS
SOUTH UMBOCK DRAINAGF11VIrPOVEMENTS
1>27 Ifigh,.vay 62-82
%loliTorth. rx 79382
Contract Date : 10, 2- 2 0, 4 ) 4
AJ)Pt.l('.\1"!O-N'F:OR PAYmr-,Nvr NO.: 46
Mile:
ion.og
Completion I'ime (calcrtdurtb)N:
1640
Completion Date:
Time Used in days-
1388
% offitne Used
85%
% Complete :
91M
For Peri4xi z 11 26,20G4 through
ANALYSIS OF WORK PERFOWMED'ro DAM
Lcs3 Previous Payments:
Total Value ofWork Performed to Date: S .10,403-778.92
Add Material~ Stored at of Period: S
Net Amount Famed on ("Ontract to Dare: S 30.403,773.92
less-. Amount Perained: S 57.766.30
Total Due to Date: S 30.346.012-62
I'Stimite No. Amount
Estimate No. Arnount
Estimate- No.
Amount
rstimate No.
Amount
I Ehru 24 S 19,219,690.98
30 S 745M6.05
36 $
538,290.60
42
S 382.856-14
25 S )83,286.qr
31 S 928,274.68
37 S
13503.()r
43
S 2.5,553.23-
26 S 2 () 1. 11 S. IRT
32 $ 246.194.77
38 9
44
S -392,6-0.27-
2,17 S 719.5261-9
33 S 7 , 31,410.70
39 S
399,497.4.T-
45
S 168732. 17-
18 S 104,614.
34 S S46,745.97
4() $
274372.96-
29 $ 411,39(1.
35 5 U2.593.18-
41 S
10,9557-
Original Contract Amount:
S
'J).691).455.50
Other Chatips:
S
1,193,181.00
$28.883.589.97
Other Changes:
S
655.180.00
Other Changes:
S
2,1)56.242.00
Adjusted Contract Amount.
8
30.704.058.50
Balance After ihis Pavrnent-
S
358,045.39
AMOUNT DUE THIS
PAYMU.N'r:
$1,462,422.65
Reviewed By.
PARKIIIIA,SMITH & COOPF,,R, INC.. Consulting Engineers
Don .McClenan,
Resident Project Representative
71ite)
R.Lcommended for Payment: PARKH ILL -SMITH &COOP rR. INC.. Consulting Frigineem
Rojic.rt P. McMillcn. P.E., Project rngincer
Accepted By: t-CA, 111c.
Bv:
I Y M lei Utility (datcl
Approved lox l'ay-Ment: CH YOF LUBBOCK, TFXAS, Owner
By"
%hebacl G. KLenum Stotin Water Engineer )
Vage I of 14
Agenda Item A##
Resolution — Stormwater : Consider a request by Utility Contractors of
America, Ltd. for a partial release of retainage on the South Lubbock Drainage
Improvements Project — Package No. 1.
MISSING DOCUMENTS - RESOLUTION
Item Summary
The South Lubbock Drainage Improvements Project - Package No. 1 is coming to
a close and has been certified by Parkhill, Smith & Cooper, Inc. (PSC) as
substantially complete in accordance with the contract. The contractor, Utility
Contractors of America, Ltd., is requesting that the City release a portion of the
retainage currently being held to assure project completion.
The contract states that the retainage will be released with the final payment;
however, staff is waiting on vegetation to be re-established in the construction
area before final payment can be processed.
PSC and staff recommends that $100,000 be retained on the project and that the
remaining retainage be paid to the Contractor. PSC's recommendation letter lists
revegetation items as the only outstanding items to be completed. The remaining
retainage will be released with the final payment upon final completion, final
acceptance and closeout of the project after all required vegetation is
re-established.
Contract Amount $30,704,059
Amount Earned To Date $30,403,779
Current Amount Retained (5%) $1,520,189
Recommended Retainage $100,000
Recommened Retainage to be Paid $1,462,423
$100,000 is more than double the estimated cost to establish the required
vegetation of the areas disturbed by construction. A memo from PSC listing the
remaining vegetation items is provided.
Fiscal Impact
There is no fiscal impact involved with the release of retainage.
Staff Submitting/Recommendation
James W. Loomis, Transportation and Public Works Assistant City Manager
Staff recommends partial release of retainage with $100,000 to be retained until
the satisfactory establishment of vegetation and subsequent final completion and
acceptance of the project.
City Council Meeting