HomeMy WebLinkAboutPR 19483: CHANGE ORDER NO. 2 , CONTRACT WITH EXCAVATION AND CONSTUCTION, LLC REDUCING AMOUNT BY $42,475.69 TO NEW AMOUNT OF $301,285.25 , ,
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: July 12, 2016
To: Brian McDougal, City Manager
From: Hassan Shomalzadeh, Public Works Engineer 4..4
RE: Proposed Resolution No. 19483
RECOMMENDATION
I recommend that the City Council approve P.R. No. 19483 authorizing the City Manager to execute
Change Order No.2 with Excavators and Constructors, LLC of Nederland, Texas for the South Hwy 87 6"
Waterline Replacement from South 15th Avenue to Westward 6300 LF project decreasing the contract by
the amount of-$42,476.69 to a new contract amount of $301,285.25 and authorizing acceptance of the
Contractor's Certificate of Guarantee, Contractor's Certificate and Release, authorizing the final payment
(5% Retainage Fee) of $15,064.26,1 and authorizing the City Manager to sign the Certificate of
Acceptance on behalf of the City of Port Arthur, Texas.
BACKGROUND
Per Resolution No. 16-037 a construction contract was awarded to Excavators and Constructors, LLC for
the South Hwy 87 6" Waterline Replacement from South 15th Avenue to Westward 6300 LF project in the
amount of $296,103.26. Resolution No. 16-206 authorizing Change Order No.1 increasing the contract
amount by $47,657.68 with the addition of 30 calendar days, resulting to a new contract amount of
$343,760.94 and a new term of 120 calendar days. Change Order No.2 in the amount of-$42,476.69 is
necessary to adjust the quantities actually used during the performance of the construction, decreasing the
contract amount to a total amount of $301,285.25. The project has been inspected by Public Works —
Engineering Division and meets all requirements set out in the City of Port Arthur technical specifications
and requirements.
BUDGET/FISCAL EFFECT
v Funds are available in account no. 419-1622-531.85-00.
STAFFING/EMPLOYEE EFFECT
None
"Remember we are here to serve the Citizens of Port Arthur"
SUMMARY
I recommend that the City Council approve P.R. No. 19483 authorizing the City Manager to execute
Change Order No.2 with Excavators and Constructors, LLC of Nederland, Texas for the South Hwy 87 6"
Waterline Replacement from South 15th Avenue to Westward 6300 LF project decreasing the contract by
the amount of-$42,476.69 to a new contract amount of$301,285.25 and authorizing acceptance of the
Contractor's Certificate of Guarantee, Contractor's Certificate and Release, authorizing the final payment
(5% Retainage Fee) of $15,064.26, and authorizing the City Manager to sign the Certificate of
Acceptance on behalf of the City of Port Arthur, Texas.
/nt
"Remember we are here to serve the Citizens of Port Arthur"
P. R. 19483
08/05/16 nt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 2 TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND EXCAVATION AND CONSTRUCTION, LLC, OF
NEDERLAND, TEXAS REDUCING THE AMOUNT OF THE CONTRACT
BY $42,475.69 TO A NEW CONTRACT AMOUNT OF $301,285.25
AND ACCEPTANCE OF THE CONTRACTOR'S CERTIFICATE OF
GUARANTEE AND CONTRACTOR'S CERTIFICATE AND RELEASE
FOR THE SOUTH HWY 87 6" WATERLINE REPLACEMENT FROM
SOUTH 15TH AVENUE TO WESTWARD 6300 LF AND AUTHORIZING
THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE
ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS AND
APPROVAL OF FINAL PAYMENT (5% RETAINAGE FEE) IN THE
AMOUNT OF $ 15,064.26; ACCOUNT NO. 419-1622-531.85-00.
WHEREAS, per Resolution No. 16-037, the City entered into a contract with
Excavation and Construction, LLC of Nederland, Texas, for the South Hwy 87 6"
Waterline Replacement from South 15th Avenue to Westward 6300 LF, for the contract
amount of $296,103.26 and a term of 90 calendar days;and,
WHEREAS, per Resolution No. 16-206, the City Council authorized Change
Order No. 1 between the City and Excavation and Construction, LLC, for a time
extension of thirty (30) calendar days, increasing the term of the contract to 120
calendar days, and increasing the amount of the contract by $47,657.68; and,
WHEREAS, Change Order No. 2 in the amount of -$42,475.69 is being
submitted to the contract, attached as Exhibit "A", due to adjustments of quantities
actually used during the performance of the project, decreasing the final contract
amount to $301,285.25, and;
WHEREAS, the City of Port Arthur has received for the South Hwy 87 6"
Waterline Replacement from South 15th Avenue to Westward 6300 LF the following:
P. R. 19483
Page 2
Contractor's Certificate of Guarantee and the Contractor's Certificate and Release, dated
from Excavation and Construction, LLC, attached as Exhibit "B", certifying that the
project has been completed in accordance with the directions received; and,
WHEREAS, Exhibit "C" shows a final balance due to Excavation and
Construction, LLC, in the amount of $15,064.26; and,
WHEREAS, Excavation and Construction, LLC has completed the project
satisfactorily and has been accepted by the Utilities Department; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance for Excavation and Construction, LLC for the
South Hwy 87 6" Waterline Replacement from South 15th Avenue to Westward 6300 LF,
attached as Exhibit "D"; and,
THAT, final payment be made to in the amount of $15,064.26 is approved; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2016 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
P. R. 19483
Page 3
Noes:
Derrick Freeman
Mayor
Attest:
Sherri Bellard
City Secretary
AP'/'OVED AS TO FORM: APPROVED AS TO AVAILABILITY OF
Aagaser _ , A, /
a FUNDS:
Valecia o F Jerry Dale, PA, GFOA
City Attorney Director of Finance eit gk�s�t�
APPROVED FOR ADMINISTRATION:
c � cc c - 9�=
1%- `G��"te
l _ 1
Brian McDougal Rawetts T. Ba eth, Sr.
City Manager Interim Director of Public Works
(,01),,,
Clifton Williams, CPPB
Acting Purchasing Manager
Exhibit "A"
Attachment#1
South Hwy 87 6" Waterline Replacement from South 15th Ave to Westward 6300 LF
Change Order #2
Item Added to the Contract
ITEM DESC UNIT EST. UNIT TOTAL
NO CODE DESCRIPTION MEASUREMENT QUANTITY PRICE AMOUNT
Traffic Control Plan, DC 1 through 12,
2 Complete MON 1 $1,100.00 $1,100.00
6 Inch PVC(C-900)Waterline(Bored&
4 Cased), Complete in place LF 7 $161.40 $1,129.80
12 6 Inch 450 Elbow,Complete in place EA 3 $825.37 $2,476.11
Service Line Assembly 2" (Near side),
26 Complete EA 1 $1,714.91 $1,714.91
TOTAL ADDED TO THE CONTRACT $6,420.82 v.
Item Deleted from the Contract
ITEM DESC UNIT EST. UNIT TOTAL
NO CODE DESCRIPTION MEASUREMENT QUANTITY PRICE AMOUNT
6 Inch PVC (C-900)Waterline,Complete
3 in place LF 790 $13.25 $10,467.50
12 Inch A-36 Steel Casing(Bored),
5 Complete in place LF 166 $41.73 $6,927.18
6" Gate Valve&Valve Box,Complete in
7 place EA 3 $1,058.91 $3,176.73
8"Gate Valve&Valve Box,Complete in
8 place EA 2 $1,560.52 $3,121.04
8 Inch by 6 Inch Reducer,Complete in
13 place EA 2 $844.94 $1,689.88
14 8 Inch Cross,Complete EA 1 $3,158.49 $3,158.49
19 Re-Grade Existing Ditch,Complete LF 650 $4.90 $3,185.00
Remove& Replace Asphalt Drive,
21 Complete SY 59 $115.80 $6,832.20
Remove&Replace Concrete Drive,
22 Complete SY 20 $41.49 $829.80
Remove&Replace Rock Drive(use Flex
23 Base),Complete SY 1 $153.09 $153.09
Service Line Assembly 3/4"and 1" (Near
25 side),Complete EA 8 $1,169.45 $9,355.60
TOTAL DECREASE TO THE CONTRACT $48,896.51 v
Total for Change Order# 1 $6,420.82 - $48,896.51 = -$42,475.69 V
Exhibit "B"
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE DAY OF 20 16 ,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
OF NEDERLAND, TEXAS
(City and State)
FOR THE: SOUTH HWY 87 6" WATERLINE REPLACEMENT FROM SOUTH 15TH AVENUE TO
WESTWARD 6300 LF
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned does hereby guarantee all of the work done under the above referenced contract
to be free from improper workmanship and free from faulty materials, and that all work was
performed in accordance to the guidance and instructions received from the City of Port Arthur
according to the terms of the aforesaid contract.
2. This guarantee shall cover a period of one (1) year from the date of acceptance of all work under
this Contract, as evidenced by the action taken by the City Council of the City of Port Arthur
accepting this work.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and LD Construction and with the knowledge that it will be relied upon in making such payment
and that such payment would not be made except upon the truth of the matter concerned in this
affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this i'l*.
day of Nuf-jGi4iT , 20 16 .
EXCAVATION AND CONSTRUCTION, LLC
(Contractor)
BY: /9%/ v �
(Delbert Mires)
1 of 2
iber j I1/lG S , being first duly sworn on oath, deposes and says, first,
that he is the g.),;wr' /IC/1J.1 r/3 of EXCAVATION AND CONSTRUCTION, LLC
(Title) (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as ,etss;a--t Ref 1;%i
(Title)
of EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
Affiant further states that the matters and things stated herein are true.
,e,i idt/
(Delbert Mires)
-}l1
Subscribed and sworn to before me this 1 I day of 1A6U5I , 20 16 .
My commission expires ('1 I
(Date)
YPLoA,cv,c3u
�'= RHONDA LYN BELL
r �`o
=I My Commission Expires (Notary Public)
c May 15,2018
2 of 2
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 3rd DAY OF March 20 16 ,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND EXCAVATION AND CONSTRUCTION,LLC
(Name of Contractor)
OF PORT ARTHUR, TEXAS
(City and State)
FOR THE: SOUTH HWY 87 6" WATERLINE REPLACEMENT FROM SOUTH 15TH AVENUE TO
WESTWARD 6300 LF
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned hereby certifies that there is due from, and payable by, the Owner to the
Contractor under the contract and duly approved change orders and modifications the balance of:
FIFTEEN THOUSAND SIXTY FOUR DOLLARS AND TWENTY-SIX CENTS($15,064.26)
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
Owner to the Contractor:
NONE
3. The undersigned further certifies that all work required under this contract, including all Change
Orders, has been performed in accordance with the terms thereof, 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 this contract, and that the wage rates paid by the
Contractor were in conformity with the contract provisions relating to said wage rates.
4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned has received
from the Owner all sums of money payable to the undersigned under, or pursuant to, the above
mentioned contract or any modification or change thereof.
5. That, in consideration of the payment of the amount stated in Paragraph 1 here of, the
undersigned does hereby release the Owner and Operator from any and all claims arising under, or
by virtue of this contract, except the amount listed in Paragraph 2 hereof due from the Owner;
provided, however, that if for any reason, the Owner does not pay in full the amount stated in
Paragraph 1 hereof, said deduction shall not affect the validity of this release, but 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 Owner and Operator from any and all claims
1 of 2
S:\engineer\Documents\Forms\Cert and Release.docx
of any nature whatsoever arising out of said contract or modification thereof, and will execute such
further releases or assurances as the Owner and Operator may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this
day of , 20 16 .
EXCAVATION and CONSTRUCTION, LLC
(Contractor)
BY: all4/4/2&7''
(Delbert Mires)
De /L 'r 1 I1,4 c c- , being first duly sworn on oath, deposes and says, first,
that he/she is the g•, .L-rs fria .�, of EXCAVATION AND CONSTRUCTION, LLC
(Title) J (Name of Contractor)
Second, that he/she has read the foregoing certificate by him/her subscribed as t -u AA-,)r'4
(Title)
of EXCAVATION AND CONSTRUCTION, LLC .
(Name of Contractor)
Affiant further states that the matters and thin s stated herein are true.
k Ali 4V,,,L.,-.-
(Delbert Mires)
ri A
Subscribed and sworn to before me this 1 1 day of (+\uta US-T , 20 16 .
My commission expires \ r-) r A. b y 2 () 1 '6 .
(Date)
o �` RHONDA LYN BELL
q . 71-4)lit • 31-1V
4-,� My Com i X1Expires (Notary Public)
�a
2 of 2
S:\engineer\Documents\Forms\Cert and Release.docx
Exhibit "C"
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Exhibit "D"
City of Port Arthur, (Texas
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
South Hwy 87 6" Waterline Replacement from South 15th Avenue
to Westward 6300 LF for the City of Port Arthur, Texas
To: Excavation and Construction, LLC
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the waterline replacement for the above mentioned project on the basis of the City of
Port Arthur, Texas - Public Works Department, the Contractor's Certificate and Release
and the Contractor's Certificate of Guarantee from PM Construction & Rehab, LLC.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary