Avenue, Wickliffe, Ohio 44092, in connection with the Oak Tree Boulevard North

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1 RESOLUTION NO.: INTRODUCED BY: COUNCILPERSON ASSEFF, COUNCILPERSON TRAKAS, COUNCILPERSON WAGNER A RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 AND FINAL PAYMENT TO THE TRAX CONSTRUCTION COMPANY CONTRACT IN CONNECTION WITH THE OAK TREE BOULEVARD NORTH EMERGENCY CONDUIT REPLACEMENT AND IMPROVEMENTS WHEREAS, through Resolution , the City entered into a contract with TRAX Construction Company, Euclid Avenue, Wickliffe, Ohio 44092, in connection with the Oak Tree Boulevard North Emergency Conduit Replacement and Improvements, in an amount not to exceed Three Hundred Fifty-Five Thousand Two Hundred Twenty-Six Dollars ($355, ); and WHEREAS, the City has received a request for Change Order No. 1 and Final Payment to the contract with TRAX Construction Company, Euclid Avenue, Wickliffe, Ohio 44092, in connection with the Oak Tree Boulevard North Emergency Conduit Replacement and Improvements, for extra work and materials required during construction, in an amount not to exceed Thirty-Five Thousand Dollars ($ 35, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Three Hundred Ninety Thousand Two Hundred Twenty-Six Dollars ($ 390,226.00); and WHEREAS, the City Engineer has reviewed the request for Change Order No. 1 required during construction, and recommends its acceptance; and WHEREAS, pursuant to Ohio Revised Code Section , the Finance Director certifies that both at the time the contract or order for these services was made and at the current time, sufficient funds are available to the credit of a proper fund to authorize payment of these services; and WHEREAS, the services provided were required due to the emergency created by the sewer collapse on Oak Tree Boulevard North; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Independence, State of Ohio, that:

2 Section 1. The Mayor is hereby authorized to enter into Change Order No. 1 required during construction, in an amount not to exceed Thirty- Five Thousand Dollars 35, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Three Hundred Ninety Thousand Two Hundred Twenty-Six Dollars ($ 390,226.00). Section 2. This Resolution provides for the usual and ordinary operation of the Engineering Department. Wherefore, this Resolution shall take effect and be in force at the earliest time allowed by law. Introduced: March 8, 2016 First Reading: March 8, ApPIL20 g t Ao l( Attest: Anthony9iattio r Debra J. Be I Clerk of Council CERTIFICATE OF POSTING 1, the undersigned, Clerk of the City independence, Ohio, hereby oertify thamild foregoing : was posted on the / Altr day of : 1: All and for the period of fifteen days thereafter, by duly posting true copies thereof In three of the most pubtio places within the City, being the same as determined and

3 RESOLUTION NO.: INTRODUCED BY: COUNCILPERSON ASSEFF, COUNCILPERSON TRAKAS, COUNCILPERSON WAGNER A RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 AND FINAL PAYMENT TO THE TRAX CONSTRUCTION COMPANY CONTRACT IN CONNECTION WITH THE OAK TREE BOULEVARD NORTH EMERGENCY CONDUIT REPLACEMENT AND IMPROVEMENTS WHEREAS, through Resolution , the City entered into a contract with TRAX Construction Company, Euclid Avenue, Wickliffe, Ohio 44092, in connection with the Oak Tree Boulevard North Emergency Conduit Replacement and Improvements, in an amount not to exceed Three Hundred Fifty- Five Thousand Two Hundred Twenty-Six Dollars ($ 355,226.00); and WHEREAS, the City has received a request for Change Order No. 1 Payment to the contract with TRAX Construction Company, and Final Euclid Avenue, Wickliffe, Ohio 44092, in connection with the Oak Tree Boulevard North Emergency Conduit Replacement and Improvements, for extra work and materials required during construction, in an amount not to exceed Thirty- Five Thousand Dollars ($ 35, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Three Hundred Ninety Thousand Two Hundred Twenty-Six Dollars ($ 390, ); and WHEREAS, the City Engineer has reviewed the request for Change Order No. 1 required during construction, and recommends its acceptance; and WHEREAS, pursuant to Ohio Revised Code Section , the Finance Director certifies that both at the time the contract or order for these services was made and at the current time, sufficient funds are available to the credit of a proper fund to authorize payment of these services; and WHEREAS, the services provided were required due to the emergency created by the sewer collapse on Oak Tree Boulevard North; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Independence, State of Ohio, that:

4 Section 1. The Mayor is hereby authorized to enter into Change Order No. 1 Emergency Conduit Replacement and Improvements, for extra work and materials required during construction, in an amount not to exceed Thirty-Five Thousand Dollars 35, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Three Hundred Ninety Thousand Two Hundred Twenty-Six Dollars ($ 390, ). Section 2. This Resolution provides for the usual and ordinary operation of the Engineering Department. Wherefore, this Resolution shall take effect and be in force at the earliest time allowed by law. Introduced: March 8, 2016 First Reading: March 8, 2016 Passed: Attest: Anthony L. Togliatti, Mayor Debra J. Beal, Clerk of Council

5 ci of ICT, 4 I, nd gt* 0.10 City of Independence, Ohio THE HEART OF CUYAHOGA COUNTY" ENGINEERING DEPARTMENT 6335 SELIG DRIVE INDEPENDENCE, OH ) FAX ( 216) org InterOffice Communication TO: cc: FROM: Mayor Togliatti/ City Council John M. Veres Director of Finance Gregory J. O' Brien Law irector D. Ramm - City Engineer DATE: February 18, 2016 RE: Oak Tree Boulevard North enc Conduit Re lacement& Improvements g. y tit i& P,., 4k116` rȧ1/ 1. J. R: t?.,,, t; r Ak }. ya t g4 R<" r 4I,6 l of od, di S A Trax Construction Company was authorized last November for the captioned emergency pipe repair project. They worked one ( 1) full week in December on the field- paved invert work on the downstream- most 114-feet of conduit. Work was then suspended through the holidays, and resumed again on Wednesday, January 6th when they began to install the 380-foot stretch of replacement sewer. All pipe work was complete by the end of January, and the concrete roadway pavement replacement 6th. work was completed by February with their 45-calendar day contract duration. Final Completion was achieved on February 12th in compliance The project was a success, and the risk of future pipe failures at this location has been permanently abated. The original contract award for the project was $ 355, Extra work and materials were required during construction for a variety of reasons which I plan to expand upon at the February 23k' Streets Sidewalks Committee Meeting. At this time, we are still working through the final quantities and costs with the contractor, however, additional funds, upwards of 10% of the original contract value, will likely be required in order to pay the final invoice and to close the project out. I request legislation be placed on the March 8th Council meeting to authorize Change Order Final to the TRAX Construction Company in the final amount of$ No. 1 & We intend to have the exact amount of the change order in the coming weeks in order that action can be taken at the April Council Meeting. This total contract cost, once determined, along with all prior costs for mitigating the two (2) separate pipe collapses, will be included as the Law Department begins discussions for reimbursement with the engineers of record. I will be available to answer any Council Caucus. questions at the Streets & Sidewalks Committee Meeting and at the