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17-Deliberate and act on a Resolution approving a change order, final payment and closing the contract with Stephens Concrete for the Downtown Sidewalk Replacement ProjectCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Otiginating Department: Presented By: Agenda Item No.: 09/24/10 Engineering, Planning Shawn Napier, P.E. City Engineer Council Date: & Development /Director of Public Works 17. 09/27/ 10 RECOMMENDED MOTION: Deliberate and act on a resolution approving a change order, final payment and closing the contract with Stephens and Sons Concrete Contractors for the Texas Capital Fund Main Street Improvement Project, TCF #72800239. POLICY ISSUE(S): Contract BACKGROUND: This project was funded from a Texas Capital Fund Main Street Improvement Grant with a$215,000 total budget. The sidewalk replacement portion of the contract was budgeted for $150,000 for sidewalk and lights. The remaining $65,000 was the City's match portion and included the engineering, administration, benches and trash receptacles. Because the original bid came in much lower than expected, the project was expanded to include the unimproved portion of sidewalk on the north side of Lamar Avenue between N. Main Street and NE 1 st Street. See the attached project expenditure sheet to see the project totals after the changes. The totals are still within the original project scope. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, change order, project expenditures ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $202,615.45 ❑ Department Report E Resolution Budgeted Amt. $65,000.00 (City's Portion) ❑ Presentation ❑ Ordinance y'I'D Actual $126,361.19 ❑ Public Hearing ❑ Other Acct. Name Texas Capital Fund Grant Acct. Number 25-0351-40-00 FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 . 177 PROJECT EXPENDITURES TEXAS CAPITAL FUND SIDEWALK REPLACMENT Engineering $38,000.00 City Admin $15,000.00 City Benches Trash $9,758.00 City Lights $27,348.21 Grant/City* Istephens $112,509.24 Grant Total $202,615.45 Grant Max $215,000.00 *Maximum reimbursable amout $27,000 Grant Max $150,000.00 Grant Actual $139,857.45 Difference $10,142.55 City Grant Match $65,000.00 City Actual $63,106.21 Remaining** $1,893.79 **To be applied to the contract cost 179 DRAFT S:\RESWORK\CURRENT\TCF-TDA - Main St. Sidewalk Improvement - Final Pymt & Closing Contract - RES 2010.docx RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER N0. 1, FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE TEXAS CAPITAL FUND GRANT MAIN STREET SIDEWALK REPLACEMENT PROJECT, TO STEPHENS & SONS CONCRETE CONTRACTORS, I1VC.; MAKING OTHER FIIVDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 8, 2010, the City Council of the City of Paris passed Resolution No. 2010-038, awarding a Texas Capital Fund Grant Project for Main Street Sidewalk Replacement to Stephens & Sons Concrete Contractors, Inc., of Paris, Texas; and, WHEREAS, during the construction of the Project additional quantity of sidewalk repair and replacement were added to the Project and additional trench drains were added necessitating this Change Order No. 1 to the contract; and, WHEREAS, the City Engineer has reviewed Change Order No. 1 attached hereto as Exhibit A, and recommends the amendment of the contract for said Texas Capital Fund Grant Main Street Sidewalk Replacement Project, and providing for a net increase of $22,501.85 in the contract price, for a total contract price of $112,509.24; and, WHEREAS, the City Engineer recommends that the contract now be closed and final payment made to Stephens & Sons Concrete Contractors, Inc. upon receipt of an executed Affidavit of Final Payment and Release of All Claims. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the form of Change Order No. 1 to the Contract for the Texas Capital Fund Grant Main Street Project, attached hereto as Exhibit A, and providing for a net increase of $22,504.85 in the contract price, for an amended total contract price of $112,501.85, be, and the same is hereby, approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, said Change Order No. 1, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That the closing of the contract for the Texas Capital Fund Grant Main Street Sidewalk Replacement Project and final payment be made to Stephens & Sons Concrete Contractors, Inc., be, and the same is hereby, approved upon receipt of an 180 executed Final Payment and Release of All Claims Affidavit by Stephens & Sons. Section S. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, any necessary documents. Section 6. That this resolution shall be effective immediately upon passage. PASSED AND APPROVED this 27th day of September, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 181