HomeMy WebLinkAboutPR 11777: CHANGE ORDERSPUBL]*C WORKS DEPARTMENT
COUNC]'L ACT/ON MEMO
TO:
FROM:
SUBIECT:
DATE:
Steve Fitzgibbons, City Manager
Leslie E. McMahen, P.E., Director of Public Works
P.R. #11777
May 9, 2002
RECOM MEN DATZON:
It is recommended that the City Council approve Proposed Resolution No. 11777
authorizing the Mayor and City Manager to execute Change Orders No. 1, 2, 3, 4, 5 and
6/Final to the contract dated August 27, 2001 between the City of Port Arthur and
Elliott Equipment & Construction of Groves, Texas for construction of Cells 44A, 44B
and 45 at the City's Landfill Site increasing the contract amount by $9,974.35 f~om
$898,459 to a new contract total of $908,433.35, authorizing the City Manager to
execute a Certificate of Acceptance for the work and authorizing payment of Invoice
No. 9 in the amount of $75,041.22 and Invoice No. 10/Final in the amount of
$45,421.67. Funding available from FY2002 Budget Account No. 301-1601-591.89-00,
CIP 203.
BACKGROUND:
Advertisements for Bids were published on .lune 17, 2001, .lune 24, 2001 and .luly 2,
2001, with the contract being awarded to Elliott Equipment and Construction on .luly
24, 2001 in the amount of $898,459 for Option B.
Change Order No. 1 has been issued for an addition of 3000 gallon tanks at Cell No. 43
as well as new cells, for a contract increase of $4,360.02 to a new contract amount of
$902,8:].9.62.
Change Order No. 2 has been issued for additional work in sump areas due to excessive
groundwater for a contract increase of $2,595 for a new contract amount of
$905,414.02.
Change Order No. 3 has been issued for a time extension of 87.5 days for lost work
days due to weather delays, for a new completion date of March 22, 2002.
Change Order No. 4 has been issued for a time extension of 30.8 days for lost work due
to weather delays, for a new completion date of April 23, 2002.
Change Order No. 5 has been issued for additional work in sump area for Cell No. 44A
to remove excessive groundwater for a contract increase of $],367.74 for a new
contract amount of $906,782.36.
P.R. No. 11777
Page #2
Change Order No. 6/Final has been issued to adjust line item quantities to actual
amounts used for a contract increase of $1,650.99 for a new contract amount of
$908,433.35.
A Certificate of Substantial Completion was issued on April 25, 2002 by .lack C. Und of
T&N Laboratories, Inc.
The project is now complete, EIliott Equipment & Construction has submitted Invoice
No. 9 in the amount of $75,041.22 and Invoice No. 10/Final in the amount of
$45,421.67.
BUDGETARY/FzSCAL EFFECT:
Funding is available in FY 2002 Account No. 301-1601-591.89-00, CIP 203.
EMPLOYEE/STAFF EFFECT:
Acceptance of this recommendation will have no effect on staffing levels at this time.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 11777
authorizing the Mayor and City Manager to execute Change Orders No. 1, 2, 3, 4, 5 and
6/Final to the contract dated August 27, 2001 between the City of Port Arthur and
Elliott Equipment & Construction of Groves, Texas for construction of Cells 44A, 448
and 45 at the City's Landfill Site increasing the contract amount by $9,974.35 from
$898,459 to a new contract total of $908,433.35, authorizing the City Manager to
execute a Certificate of Acceptance for the work and authorizing payment of Invoice
No. 9 in the amount of $75,041.22 and Invoice No. 10/Final in the amount of
$45,421.67. Funding available from FY2002 Budget Account No. 301-1601-591.89-00,
CTP 203.
Leslie E. McMahen, P.E.
Director of Public Works
LEM/vkl
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P,R. No. 11777
05/09/02 -vkl
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE blAYOR AND CITY MANAGER
TO EXECUTE CHANGE ORDERS NO, 1, 2, 3, 4, 5 AND 61FINAL TO
THE CONTRACT DATED AUGUST 27, 2001 BETWEEN THE CITY
OF PORT ARTHUR AND ELLIOTT EQUIPMENT & CONSTRUCTION
OF GROVES, TEXAS FOR THE CONSTRUCTION OF CELLS 44A,
44B AND 45 AT THE CITY'S LANDFILL SITE, INCREASING THE
CONTRACT AMOUNT BY $9,974.35 FROM $898,459 TO A NEW
CONTRACT TOTAL OF $908,433.35, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR
THE WORK AND AUTHORIZING FINAL PAYMENT OF INVOICE NO.
9 IN THE AMOUNT OF $75,041.22 AND INVOICE NO. 101FINAL IN
THE AMOUNT OF $45,421.67; FUNDING BEING AVAILABLE IN FY
2002 ACCOUNT NO. 301-1601-591.89-00 CIP 203.
WHEREAS, T&N Laboratories, Inc. has issued a Certificate of Substantial Completion
stating that the construction of Cells 44A, 44B and 45 at the City's Landfill Site has been
completed, copy attached hereto and made a part hereof as Exhibit "A", together with the
Contractor's Certificate and Release, copy attached and made a part hereof as Exhibit "B",
and Contractor's Certificate of Guarantee, copy attached and made a part hereof as
Exhibit "C', both having been executed on behalf of Elliott Equipment & Construction of
Groves, Texas by Jerry Youngblood, President; and,
WHEREAS, the original Contract amount was $898,459; and,
WHEREAS, Change Order No. 1 dated November 12, 2001 increased the contract
amount by $4,360.62, Change Order No. 2 dated December 26, 2001 increased the
contract amount by $2,595, Change Order No. 3 dated December 28, 2001 increased the
contract time by eighty-seven and one-half days (87.5) days, Change Order No. 4 dated
March 27, 2002 increased the contract time by thirty and 8/10 (30.8) days and the amount
P.R. No. 11777
Page
by $3,927, Change Order No. 5 dated April 24, 2002 increased the contract amount by
$1,367.74 and Change Order No. 6/Final dated May 9, 2002 increased the contract
amount by $1,650.99, as shown in Exhibit "D" attached hereto and made a part hereof by
reference a complete copy of which is available for review in the City Secretary's office;
and,
WHEREAS, the date of Substantial Completion for the work was April 25, 2002; and,
WHEREAS, construction under said Contract is now complete; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager be and he is hereby authorized to execute Change Orders No.
1, 2, 3, 4, 5 and 6/Final which collectively increased the original contract amount of
$898,459 to the final contract amount of $908,433.35, and increased the contract
completion date by one-hundred, eighteen and 3/10 (118.3) days to a new completion date
of April 23, 2002, as outlined in detail in said Change Orders; and,
THAT the City Manager be and he is hereby authorized to execute on behalf of the
City of Port Arthur a Certificate of Acceptance for the construction of Ceils 44A, 44B and
45 at the City's Landfill Site in the City of Port Arthur, attached hereto and made a part
hereof as Exhibit "E"; and,
THAT the Substantial Completion date being April 25, 2002; and,
THAT the Final Contract Amount for the subject contract is $908,433.35; and,
THAT Invoice No. 9 in the amount of $75,041.22 and Invoice No. 10 and Final in the
amount of $45,421.67 from the Contractor be and is hereby approved; copy attached
P.R. No. 11777
Page #3
hereto as Exhibit "F"; and
THAT funding is available in FY2002 Budget Account No. 301-1601-591.89-00, CIP
203; and,
THAT a copy of this Resolution be sent to the Contractor along with the check in FINAL
payment; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED this day of
A.D., 2002, at a Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote: AYES: Mayor.
Coucilmembers
NOES:
ATTEST:
Acting City Secretary
APPROVED AS TO FORM:
City Attorney
Mayor
P.R. No. 11777
Page#4
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Leslie E. McMahen, P.E.
Director of Public Works
/A~PROVED AS TO AVAILABILITY OF FUNDS:
Rebecca Underhill
Finance Director
file c:Ves~elliottconscloseoutlandflll
Exhibit "A"
T.A:BOILTI'I'OIU:ES, Ig FC. P.R. No. ,77
5020 JERRY WARE DR. (S.ET. REGIONAL AIRPORT) BEAUMONT, TX 77705
PHONE: (409) 727-6291 / FAX: (409) 722-6961
May 9, 2002
Mr. Leslie E. McMahen, P.E.
Director of Public Works
P. O. Box 1089
Port Arthur, Texas 77641-1089
RE:
Certificate of Completion, Construction of Cell Nos. 44A, 44B & 45, City of Port
Arthur Landfill
Dear Mr. McMahen:
This letter is provided to serve as a Certificate of Completion for the above referenced project.
Based on the final inspection conducted on April 23, 2002 and submittal of final reports to the
Texas Natural Resource Conservation Commission (TNRCC), excluding final acceptance and
approval from TNRCC, I hereby certify that the project has been completed. Any revisions to
the final reports required through TNRCC comments will be promptly provided as necessary.
If you have any questions, please do not hesitate to contact our office. As in the past, it is
always a pleasure to be of service to the City of Port Arthttr.t Thanks ['or your continued
support!
Sincerely, ?~.~..~..
T & N LABO~TO~ES, INC. ¢! ....................................
j~p~~~ ~ JACK C. kIND
::,%~ 79555
Vice President/Engineering Manager .... .....
MAY-- 1 0--E)2
CONTRACTOR'S CERTIFICATE AND RELEASE
Exhibit "B"
~No. 11777
1 of 2
FROM:
TO:'
REFERENCE CONTKACT NO. CPA-073
ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
(Name of
CITY OF PORT ARTHUR, TEXAS
(Local Public Agent)
ENTERED INTO THE
24th
DAY OF July, 2001 , BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
OF Groves, Texas
(CITY) (STATE)
FOR THE CONSTRUCTION
(Name of Operations)
OF THE LANDFILL LINER ON CELL NOS. 44A,44B, &
(Name of Project)
OF NORTH LEVEE AND DITCHES
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS.
45 AND RESHAPING/REGRADIN(
(Pr'~3%ct No.)
CPA-073
KNOW ALL }~N BY ~HESE PRESENTS:
'1. The undersigned hereby certifies that there is due from
and payable by the Local Public Agency to the Contractor
under the contract and duly approved Change Orders and modifications
the balance of One hundred twenty thousand four hundred sixty.~.two
($ 120,462.89 ). dollars and eighty nine cents (Estimate ~9 & 10)
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 City to the Contractor~
(a) NONE
(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 orders numbered
1, 2, 3, 4, 5, and 6 has been performed in accordance
with the' ~rms the~'~of',""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
5his contract, and that the wage rates paid by the Contractor
and all Subcontractors were in conformity with the contract
provisions relating to said wage rates.
g~ Except for the amounts stated under paragraphs 1 and 2 hereof,
the undersigned has received from the City of Port Arthur all
~s of money payable to the undersigned under or pursuant to
the above mentioned con%tact or any modification or change
thereof.
5. That in consideration of the payment of the amount stated E~iblt"B"
in paragraph 1 hereof t.he undersigned does hereby release the 2of2
City of Port Arthur from any and all claims arising under or
by virtue of this contract, except the amount listed in paragraph
2 hereof; provided, however, that if for any reason the City of
Port Arthur does not ~ay in full the amount stated in paragraph
1 hereof, said deductzon shall not affect the validity of this
release, b.ut 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 City of
Port Arthur 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 City of
Port Arthur may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed
this instrument this 10th day of May ,X~92002.
Jerry Youngblood
(Affiant)
ELLIOTT EQUIPMENT AND CONSTRUCTION(~A]
(Contractor)
of fficer>
Jffrry Y~x~n~lood - Vice President
, being first duly sworn on oath,
deposes and says, first, that he is the
of the ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
(Name oY Company)
that he has read the
second,
subscribed as vice President
' '(Tl't'le)
the ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
(Name of Company)
Affiant further
herein are true.
,
Subscribed and sworn
My com.mision expires
Vice President
(Title)
foregoing certificate by him
of
states that the matters and things stated
COFFfRACTOR'S U~iTIFICATE OF G%I~RAh'fEE
Exhibit "C"
P.IL No. 11777
1 of 2
FROM: ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
(Name Of ~6ntractor)
CITY OF PORT ARTHUR, TEXAS
· ' fLocal Public Age~'cy)
R~'~CE ~r ~. CPA-073
· ENTERED INT0 THE 24th
DAY OF ...~uly, 2001
CITY OF POR~ AR~3R OF J~I.'~'~i~SON COU~fY, TEXAS
ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
(N~n~ of Contracto'~)
OF Groves, Texas
Construction
FOR THE
(N~n~ of Oper~at'ions)
OF THE Landfill Liner on Cell Nos. 44A, 44B & .~5 and Reshapinq/
(Namaof Pro~)'" Regrading of North Lev~Per~t~hes
LOCA~o IN THE CITY OF PORT ARYHUP,, T~iAS.
ALL ~N BY THESE PPZSS~TS:
CPA-(
1. ELLIOTT EQUIPMENT AND .C.QNSTRUCTION CO.
does hereby guarantee all of the work done under the above referenced contract
to be free frc~ faulty t~aterials in every particular, a~.d free from improper
work~a~ship, ~d against injury, from proper and usual wear; and agrees to
replace or re-execute wlthou[ cost to the O~,/%er such %~rk as may be found r~
be improper or ~.~perfect, e.~d to mmk~ good all damage caused to other work or
materials, due to such required replac~rent or re-execution.
2. This gumrantee shall cover a period of one (1) year from the date of
acceptance of all work ~nder this Contract, as evidm~ced by the City of
Port Arthur's Engineer's final certificate.
3. This Certificate is given in connection of the final paym~t under the
contrac~ betwaen the City of Port ~rthur and ELLIOTT EQUIPMENT AND
CONSTRUCTION COMPANY ~d with the knowledge that it w-ill
be relied upon in r~ ~'~ch payment a.nd that such pa}vne~t ~uld no~ be
made except upon the truth of the ma[ter contained in ~his affidavit.
IN WIT~F~SS WF~7{EOF, the undersigned has 'signed and sealed rJ~is
instrurmm~t this 10th day of May, 2002
Page Two
Contractor's Certificate of ~rantee
Exhibit "C"
P.R. No. 11777
2 of 2
ELLIO~T EQUIPmeNT AND CONSTRUCTION(SEAL)
(Contractor) COMPANY
Jerry Youngblood
(Affiant)
Jerry Youngblood - Vice President
.. , being first duly ~worn on oath,
deposes and says, first, that he is the
Vice President
(Title)
of the
ELLI~OTT EQUIPMENT AND CONSTRUCTION CONPANY
(Name of C~i~any)
second, that he has read the foregoing certificate by hL~. subscribed as
Vice President of
(Title)
the
ELLIOTT EQUIPMENT AND CONSTRUCTION CO.
(lqan~~
Affiant further states t/nat the matters and things stated herein
are true.
Subscribed and
>efore ~.m this
10tbday of May ,
20O2
.
(Notary)
Exhibit 'D"
P.R. No. 11777
COPIES OF EXHIBIT "D" ARE AVAILABLE FOR REVIEW
IN THE CITY SECRETARY'S OFFICE
CERTIFICATE OF ACCEPTANCE
FOP,
THE CONSTRUCTION OF
CELLS 44A, 44B AND 45 AT THE
CITY'S LANDFILL SITE
IN THE
CITY OF PORT ARTHUR
Exhibit "E"
P.R. No. 11777
TO:
Jerry Youngblood, President
Elliott Equipment & Construction
Dear Mr. Youngblood:
This is to certify that the City of Port Arthur, Texas, accepts the construction of Cells 44A,
44B and 45 at the City's Landfill Site in the City of Port Arthur as being completed on the
basis of the Certificate of Completion.
Steve Fitzgibbons
City Manager
Date
CITY OF PORT ARTHUR
LANDFILL LINER SYSTEM FOR CELL NOS. 44A, 44B, & 45,
AS WELL AS, RESHAPING/REGRADING OF NORTH LEVEE/DITCH SYSTEM
AT CITy OF PORT ARTHUR LANDFILL LOCATED ON HIGHWAY 73-- OPTION B
CONTRACT: 238.3 CALENDAR DAYS CALENDAR DAYS USED: 206
Exhibit
P.R. No. 11777
1 of 2
DATE: 4-25-02 ESTIMATE NO. 9
DESCRIPTION QUANTITY QUANTITI'Y PR/CE
1. Mobilization/Demobilization 1 LS I 15,000.00 15,000.00
2. Subgrade Excavation/
Backfill & Grading (including
abandonment/removal of
existing drain pipe & inter-
mediates containment berm) 15,000 C¥ 100% 7.50 112,500.00
2A. West Levee Reconstruction ILS 100% 20,000.00 20,000.00
3. North Levee/Ditch Reshap-
ing/ Regrading (including
insta/atlon of new drain pipe) 1 LS 100% 52,500.00 52,500.00
4. Geosynthetic Clay Liner CO :0 501,000 SF 501,928 0.362 181,697.94
5. Geomembrane Lin~)~
{5A) Smooth 406,000 SF 403,489 0.322 129,923.46
{EB) Textured ~U~6 95,000 SF 102,918 0.353 36,330.05
6. 6" Diameter, Perforated,
Schedule 80 PVC Leachate
Collection Pipes (including
proper connections,
elbows, etc.) 2,280 LF 2,280 10.00 22,800.00
7. Leachate Collection Sump
w/th 12" and 6' Diameter
PVC Pipes and Caps 1 LS 1 14,000.00 14,000.00
8. Gravel Backfill for Collection
Sump and Trenches
including 12 oz/s¥
geotextile) 420 CY 4:20 42.00 17,640.00
9. Leachate Drainage Layer
Geocomposite on Floor &
Slopes C0~6 501,000 SF 498,834 0.31C 154,638.54
10. Protective Cover Soil (2) 37,200 C¥ 37,200 2.30 85,560.00
11. Leachate Chimneys (3) 2,280 LF 2,280 9.01 20,520.00
12. Leachate Removal/Storage
System (including ail
pumps & tubing, electrical,
tank, etc. 1 LS 1 36,000.00 36,000.00
13. Nliscellane GUS Appu r ten-
ances (including guard
posts, tank pad, etc.) 1 LEI 1 1,000.00 1,000.00
CHANGE ORDER #1 4,360.69
CHANGE ORDER #2 2,595.00
TOTAL CONTRACT AMOUNT: 908,433.35
TOTAL BILLABLE TO DATE:
MATERIALS ON HAND:
LESS 5%3 RETAINAGE AMOUNT:
LESS PREVIOUS BILLINGS:
TOTAL ANIOUNT DUE THIS INVOICE:
908,433.35
0.00
45,421.67
787,970.46
75,041.22
CITY OF PORT ARTHUR E~ib~t
LANDFILL LINER SYSTEM FOR CELL NOS. 4.4A, 44B, & 45, P.R. No. 11777
AS WELL AS, RESHAPING/REGRADING OF NORTH LEVEE~DITCH SYSTEM 2 ol' 2
AT CITY OF PORT ARTHUR LANDFILL LOCATED ON HIGHWAY 73 - OPTION B
CONTRACT: 238.3 CALENDAR DAYS CALENDAR DAYS USED: 206
DATE: 4-25-02 ESTIMATE NO. 10-FINAL
ESTIMATED I COMPLETED UNITI AMOUNT
DESCRIPTION (~UANTITY (~UANTITIY PRICE
1.
Mobilization/Demobilization[ 1 LS 15,000.00 15,000.00
2. S ubgrade Excavation/
Backfill & Grading (includ ng
abandonment/removal of
existing drain pipe & inter-
mediates containment bern 15,000 CY 100% 7.50 112,500.00
2A. West Levee Reconstruction 1 LS 100% 20,000.00 20,000.00
3. North Levee/Ditch Reshap-
ing/ Regrading (including
instalation of new drain pip ILS 100% 52,500.00 52,500.00
4. Geosynthetic Clay Liner CC ~:6 501,000 SF 501,928 0.362 181,697.94
5. Geomembrane Liner
(5A) Smooth C0~:6 406,000 SF 403,489 0.32,~ 129,923.46
(SB) Textured C0:~6 95,000 SF 102,918 0.353 36,330.05
6. 6' Diameter, Perforated,
Schedule 80 PVC Leachate
Collection Pipes (including
proper connections,
elbows, etc.) 2,280 LF 2,280 10.00 22,800.00
7. Leachate Collection Sump
with 12" and 6" Diameter
PVC Pipes and Caps ILS I 14,000.00 14,000.00
8. Gravel Backfill for Collection
Sump and Trenches
(including 12 oz/sy
geotextile) 420 CY 420 42.00 17,640.00
9. Leachate Drainage Layer
Geocomposite on Floor &
Slopes C0~6 501,000 SF 498,834 0.310 154,638.54
10. Protective Cover Soil (2) 37,200 CY 37,200 2.30 85,560.00
11. Leachate Chimneys (3) 2,280 LF 2,280 9.00 20,520.0C
12. Leachate RemovE/Storage
System (including all
pumps & tubing, electrical,
tank, etc. ILS 1~ 36,000.00 36,000.00
13. Miscellaneous Appurten-
ances (including guard
posts, tank pad, etc.) 1 LS 1 1,000.00 1,000.00
CHANGE ORDER # 1 4,360.69
TOTAL CONTRACT AMOUNT:
908,433.35
JACt~ LIND i~ /O~
TOTAL BILLABLE TO DATE:
MATERIALS ON HAND:
LESS 5% RETAINAGE AMOUNT:
LESS PREVIOUS BILLINGS:
TOTAL AMOUNT DUE THIS INVOICE:
908,433.35
0.00
0.00
863,011.68
45,421.67