HomeMy WebLinkAboutPR 19544: EDC ALLCO FOR SITE GRADING TO SERVE THE PORT ARTHUR SPUR 93 BUSINESS PARK Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO -
Date: October 11, 2016
Subject: P. R. No. 19544; Council Meeting of October 18, 2016
ATTACHED IS PROPOSED RESOLUTION NO. 19544
APPROVING CHANGE ORDER NO. 3 TO THE
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND ALLCO FOR SITE GRADING TO
SERVE THE PORT ARTHUR SPUR 93 BUSINESS PARK
JOB NO. EDC-220 AND AUTHORIZING ACCEPTANCE
OF THE ENGINEER'S CERTIFICATE OF COMPLETION
FROM ARCENEAUX WILSON & COLE, THE
CONTRACTOR'S CERTIFICATE OF GUARANTEE AND
CERTIFICATE OF RELEASE FROM ALLCO FOR FINAL
PAYMENT AND RELEASE OF RETAINAGE
P.R. No. 19544
10/06/2016 KVM
RESOLUTION NO.
A RESOLUTION APPROVING CHANGE ORDER NO. 3 TO
THE CONTRACT BETWEEN THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND ALLCO FOR SITE GRADING TO
SERVE THE PORT ARTHUR SPUR 93 BUSINESS PARK
JOB NO. EDC-220 AND AUTHORIZING ACCEPTANCE OF
THE ENGINEER'S CERTIFICATE OF COMPLETION
FROM ARCENEAUX WILSON & COLE, THE
CONTRACTOR'S CERTIFICATE OF GUARANTEE AND
CERTIFICATE OF RELEASE FROM ALLCO FOR FINAL
PAYMENT AND RELEASE OF RETAINAGE
WHEREAS, on April 14, 2015, Resolution No. 15-151 was approved by the City
Council of the City of Port Arthur (the "City Council"), awarding the Contract for site grading to
serve the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC")
Business Park located at 9555 W. Port Arthur Road to ALLCO in the amount of $291,615.60
with a contract time of 90 days; and
WHEREAS, on January 26, 2016, per Resolution No. 16-031,the City Council approved
Change Order No. 1 to the Contract providing a six-month extension to allow for any and all
future weather delays; and
WHEREAS, on June 14, 2016, per Resolution No. 16-160, the City Council approved
Change Order No. 2 to the Contract increasing the amount by $1,500.00 to allow ALLCO to fill
in a sink hole exposing water and gas lines within the right-of-way of Jade Avenue that was
outside of the original project scope; and
WHEREAS, ALLCO has submitted Change Order No. 3 (attached as Exhibit "A")
requesting to extend the Contract time by sixty (60) additional days and decreasing the Contract
amount by $3,343.60 for bid items in the Contract that were not used in the project; and
WHEREAS, PAEDC has also received for the site grading project, an Engineer's
Certificate of Completion from Arceneaux Wilson & Cole, a Contractor's Certificate and
Release from ALLCO, and a Contractor's Certificate of Guarantee from ALLCO all certifying
that the site grading project has been completed (attached as Exhibit "B"); and
WHEREAS, Arceneaux Wilson & Cole recommend the release of retainage and final
payment be made to ALLCO for the site grading project in the amount $14,488.60 (attached as
Exhibit "C"); and
WHEREAS, at their regular Board meeting of September 6, 2016, the PAEDC Board of
Directors approved Change Order No. 3 and the release of retainage and final payment to
ALLCO in the amount of$14,488.60.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorizes PAEDC to execute Change Order No. 3
extending the Contract time by sixty (60) additional days and decreasing the Contract amount by
$3,343.60; Change Order No. 3 decreases the Contract amount to a new total of $289,772.00;
and final payment shall be made to ALLCO in the amount of$14,488.60.
Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2016,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
#1324278 Page 2
Councilmembers
•
NOES:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CE
APPROVED S TO F•RM:
Guy N. Goodson, PAEDC Atto hey
APPROVED AS TO FORM:
�.
Valecia R. T'►'.�o, Ay"rney
#1324278 Page 3
EXHIBIT " A "
•
1_1'
.fesARCENEAUX WILSON&COLE
CHANGE ORDER No. 3
DATE: July 12, 2016 JOB NO. EDC-220
AGREEMENT DATE: April 21, 2015
NAME OF PROJECT: Site Grading to Serve the Port Arthur Business Park
OWNER: CITY of PORT ARTHUR / PORT ARTHUR ECONOMIC
DEVELOPMENT CORPORATION
CONTRACTOR: ALLCO
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Delete to Adjust the following Items to the Contract and Scope of Work:
a. Remove 11 1000/GAL, Vegetative Watering
Bid Item No. 14. ($167.60/1000/GAL) [-] $ 1,843.60
b. Remove 1 L.S., Rock Filter Damn
Bid Item No. 13. ($1,500.00/L.S.) [-] $ 1,500.00
c. Extend contract time by 60 days
TOTAL $ 3,343.60
11l` avoc CHANGE ORDER NO. 3
July 12, 2016
4_' Job No. EDC-220 Contract No. 1
.MM '
ARCENEAUX WILSON&COLE
engineering i surveying I planning
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $291,615.60
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $293,115.60
The CONTRACT PRICE due to this CHANGE ORDER will be [increased] [decreased]
by: $3,343.60 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $289,772.00
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 90 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 200 Calendars Days
CURRENT DATE OF COMPLETION: June 1, 2016
CONTRACT TIME due to this CHANGE ORDER will be increased by 60 Days
The New DATE OF COMPLETION: July 31„ 2016
No other Terms and Conditions of the Contract are changed as a result of this Change Order.
Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs
incurred by Contractor in his performance of the work covered by the Change Order.
RECOMMENDED BY ENGINEER: ACCEPTED BY:
- —.10....te- g(1,______
ARCENEAUX WILSON & COLE LLC [CONTRA TOR,OFFICER OR OWNER]
ALLCO
ACCEPTED BY:
0,A2:,-.;&
City of Port Arthur/ Port Arthur Economic Development Corporation
2 of 2
EXHIBIT " B "
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Site Grading to serve the Port Arthur EDC Business Park
Date Of Issuance: July 12,2016
Owner(s): City of Port Arthur
Owner's Project No.: EDC-220,Contract No. 1
Engineer: Arceneaux Wilson&Cole LLC
Contractor: Allco
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO City of Port Arthur
[OWNER]
AND TO Allco
[CONTRACTOR]
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance
with the Contract Documents on
c /5 a0/6
DATE OF COMPLETION
Executed by Engineer on j4/7 >2 , 2016
KEESTAN X. COLE
..Z.-114225
114VONAL @�titi^^"
BY: �ctaxwx ,%
•RCENEAUX WILSON & COLE LLC [SEAL]
II
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Allco
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO. EDC-220,Contract No. 1 ENTERED INTO THE 21st
DAY OF April, 2015 ,BETWEEN THE City of Port Arthur
AND Alico
(Name of Contractor)
OF Beaumont TX
(City) (State)
FOR THE Site Grading to serve the Port Arthur EDC Business Park
(Name of Project)
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
Fourteen Thousand Four Hundred Eighty Eight Dollars and Sixty Cents ($14,488.60)
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:
(a)
(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 Order(s)numbered 1-3 ,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.
1
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 modifications or change thereof.
5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, 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 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.
`````INT,W('TNE REOF,the undersigned has signed and sealed this instrument this I L•-'f\ day
`\' 't ° L,< `,: , 201 .
-SEA , '`. — ALLCO
S
\, (C. tracto
//1I , ��*HO",\\\<\� BY:
(Signature and Title of Officer) T.W. HARRISON — PRESIDENT
T.W. HARRISON , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the PRESIDENT of ALLCO
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as PRESIDENT
(Title)
of ALLCO
(Name of Company)
Affiant further states that the matters and things stated er in are e. —�
T.W. HARRISON (Affiant) PRESIDENT
Subscribed and sworn to before yme this , . ,qay of C ,
20 tit.) . t „s,p„, MARY BETH DELORD t
t z '4otary Pubiic,State Of Texas t
t fn, , y Common Expires t
I '74-OF F=�.; 04-12-2019 t
My commission expires _ ,-,..., t .
(Date)
Yteille 6r—i--461(°611(261/-
(Notary Public)
2
•
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Allco
TO: City of Port Arthur
FOR: Site Grading to serve the Port Arthur EDC Business Park
REFERENCE CONTRACT NO. EDC-220, Contract No. 1 ENTERED INTO THE 21ST DAY OF
April, 2015 BETWEEN THE City of Port Arthur
AND Allco
OF Beaumont, TX
FOR: Site Grading to serve the Port Arthur EDC Business Park
KNOW ALL MEN BY THESE PRESENTS:
1. Allco does hereby guarantee all of the work done under the above referenced contract
to be free from faulty materials in every particular, and free from improper workmanship, and
against injury from proper and usual wear; and agrees to replace or re-execute without cost to the
Owner and Operator such work as may be found to be improper or imperfect, and to make good all
damage caused to other work or materials,due to such required replacement or re-execution.
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 Engineer's Certificate of Completion.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and Allco 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 contained in this affidavit.
1/2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 12f1\ day
of � � ,20 `6
```��tt►►►tIjs
PLIC 0
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[CORPORATE SEAL]� E .� ALLCO
1—•
/ 7[ _ (Contractor)
1 •
BY: J
►►►►►��\\``` T.W. HARRISON — PRESIDENT
T.W. HARRISON ,being first duly sworn on oath, deposes and says, first that
he is the PRESIDENT
second,that he has read the foregoing certificate by him subscribed as PRESIDENT
of ALLCO
Affiant further states that the matters and things stated herein are true.
-)
(Affiant)
> T.W..HARRISON — PRESIDENT
Subscribed and sworn to before me this 12-41' \ day of _
20 it
MARY BETH DELORD
Notary Public,State Of Texas
My commission expires q �Q`' My Commissionn4PpE��xpires
`� �4-�2-2�IJ
/ / SLG bit ,&I
(Notary Public)
2/2
EXHIBIT " C "
AIM
.vailkr;
+NAT ARCENEAUX WILSON&COLE
e girwenrry I surveying I panning
July 12, 2016
Mr. Floyd Batiste
Port Arthur EDC
501 Procter Street
Port Arthur,Texas 77642
RE: RECOMMENDATION for FINAL PAYMENT and RELEASE of RETAINAGE
Site Grading to Serve Port Arthur Business Park
Job No. EDC-220
Dear Mr. Batiste:
Attached for your records are the project completion documents for the Site Grading
Project These documents include the Engineer's Certificate of Completion, Contractor's
Certificate of Guarantee and the Contractor's Certificate of Release.
These documents were executed showing a balance due the Contractor from the City. This
balance is the retainage withheld from the monthly estimates as well as any payments due
from completion of work. As stipulated in the contract documents the retainage for this
project is five percent (5%) of the work completed and billed. It is our recommendation
that the retainage held by the City be released to the Contractor and final payment made.
This will result in a final payment to ALLCO,LTD. from the City of Port Arthur in the amount
of Fourteen Thousand Four Hundred Eighty Eight Dollars and Sixty Cents
($14,488.60). Should you have any questions or require further information please do not
hesitate to contact me at 409-724-7888.
Very truly yours,
ARCENEAUX WILSON & COLE LLC
_
Keestan Cole, PE
Vice-President
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Final Pay Estimate No 5
409.724.7888
2901 Turtle Creek Dr,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
CONTRACT FOR CONSTRUCTION
OF
SITE GRADING
TO SERVE
PORT ARTHUR BUSINESS PARK
EDC-220
CONTRACT NO. 1
OWNER: City of Port Arthur CONTRACTOR: ALLCO
444 4th Street P.O.Box 3684
Port Arthur,Texas 77641 Beaumont,TX 77704
AW&C Job No. EDC-220 Date: July 12, 2016
AW&C Construction Phase No. EDC-220 Invoice Period: 2/1/2015 - 2/11/2015
Monthly Invoice No. 5(FINAL) Contract Date: April 21,2015
Contract Amount S 291,615.60 Notice to Proceed: August 17,2015
Change Orders: $ (1,843.60) Contract Time: 90 Calendar Days
Change Order No. 1 $ -
Change Order No. 2 S 1,500.00
Change Order No.3 $ (3,343.60)
Total Contract Amount Approved Time Extensions: 260 Days
to Date: $ 287,928.40
Amount Placed to Date: S 289,772.00 Revised Contract Time: 350 Calendar Days
Material on Hand Not
in Place: S - Days to Date: 330 Days
Subtotal: $ 289,772.00 Original Completion Date: November 14,2015
Less 5% Retainage: S - Revised Completion Date: July 31,2016
Balance: $ 289,772.00 Percent Time Used:* 94%
Less Amounts on Percent Complete:' 1000/0
Previous Invoices: S 275,283.40
TOTAL AMOUNT DUE $ 14,488.60
TEXAS REGISTERED ENGINEERING FIRM 'Percent Time Used and Percent Complete based on
* 16194 * Substantial Completion Date of June 8,2016
Recommended for Approval: `��11Ltitttl
CT TeLtz
Zb
r-^KEESTAN X. CUE
�-� 114225
KEESTAN COLE, PE [SEAL]
MONTHLY INVOICE NO. 5
SITE GRADING
PORT ARTHUR BUSINESS PARK
EDC-220
CONTRACT NO. 1
July 12, 2016
Quantity Total
Approx. Amount This Total Amount To
Item Description of Bid Item QTY Unit This Quantity To Unit Price Estimate Date
Estimate Date
Waterline Items
•
1. Mobilization 1 LS 1 $ 13,500.00 $ - $ 13,500.00
2. Silt Fencing and Inlet Protection 1 LS 1 $ 28,008.33 $ - $ 28,008.33
3. Remove Silt Fencing and Inlet Protection 1 LS 1 $ 4,415.92 $ - $ 4,415.92
8. Area"A", Seeding and Grading 1 LS 1 $ 75,215.67 $ - $ 75,215.67
9. Area"B", Seeding and Grading 1 LS 1 $ 19,872.33 $ - $ 19,872.33
10. Area"C", Seeding and Grading 1 LS 1 $ 60,199.19 $ - $ 60,199.19
11. Area"D",Seeding and Grading 1 LS 1 $ 83,373.36 $ - $ 83,373.36
1000/
12. Vegetative Watering 22 GAL 22 $ 167.60 $ - $ 3,687.20
13. Rock Filter Damn 3 L.S. $ 1,500.00 $ - $ -
1000/
14. Vegetative Watering 3 GAL $ 167.60 $ - $ -
Change Orders
Change Order No.2
Fill in sink hole, located outside scope of
15. work 1 L.S. 1 $ 1,500.00 $ - $ 1,500.00
TOTAL $ - $ 289,772.00
3 Change Order No.3