Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENT TO THE LOCKHART CONCRETE COMPANY FOR THE FINAL COSTS ASSOCIATED WITH THE STATE ROUTE 303 SANITARY SEWER AND WATER MAIN PROJECT.
Brief Description City staff is requesting final payment be made to the Lockhart Concrete Company for City-approved work by the Contractor for the SR 303 Sanitary and Water Main Improvement Project in 2012.
Body
Legislative History
11-120 - Enter into a Contract with Floyd Browne Group for Design; 11/2/2011
12-66 - Permission to Receive Bids; 5/2/2012
12-84 - Enter into a Contract with Lockhart Concrete; 6/6/2012
Purpose & Explanation
The SR 303 Sanitary Sewer and Waterline Project was bid and awarded in June 2012 and the project included the replacement of approximately 1,850 feet of new sanitary sewer and 1,600 feet of new waterline. The construction of the project was completed at the end of 2012; and in early 2013, the Contractor requested additional payment for work and change orders, which the City did not approve.
In 2013, the Contractor provided a letter outlining remaining items for which they were requesting payment totaling $194,981.06. The City staff met with the Contractor’s representatives to discuss outstanding items in order to close-out of the contract for final payment. Between 2013-2020, the Contractor has submitted additional, written requests for payment for items encountered during the project. The City staff responded to each request and identified those items that were either approved or rejected. The City requested from the Contractor that in order to make payment, the contractor must agree to the terms as outlined in the contract and submit all outstanding affidavits of payment. In early 2020, the Contractor submitted the required affidavits and has agreed to the final payment of $61,598.56 to close-out this project.
Due to the length of dispute, the City staff returned the project balance of the budget to the respective funds in December 2017 to be available for other projects over the past 8 years, until the project could be closed-out by the City.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks
Joint or Cooperative Purchase Program
Professional Services
X Other
Fiscal Impact
Currently Budgeted
X Supplemental Appropriation Required (2nd Quarter Appropriation) Note: This was previously budgeted, but due to the length of the dispute, the funds need to be re-appropriated.
Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes
X No
Recommendation
Suggested Action
Staff recommends that City Council approve the recommended resolution authorizing the City Manager to make final payment to Lockhart Concrete Company for the SR 303 Sanitary Sewer and Waterline Improvement project in the amount of $61,598.56.
Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, P.E., P.S., CFM, Assistant City Manager - Professional Services
Bradley S. Kosco, P.E., P.S., City Engineer