HomeMy WebLinkAboutPR 19831: CHANGE ORDER 1 CONTRACT WITH INLAND ENVIRONMENTS, LTD. City of cZ
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Texas
INTEROFFICE MEMORANDUM
Office of the Department of Code Compliance
Demolition Division
Date: October 31,2017
To: Brian McDougal,City Manager
Mayor and City Council
From: Darlene Thomas-Pierre, Director of Inspections&Code Compliance
Re: A contract between the City of Port Arthur and Inland Environments, Ltd, of Kingwood, Texas, for the
demolition of the Old Water Treatment Plant located at 1401 E. 19t Street,Port Arthur,Texas.
COMMENT
Nature of the Request:
A proposed resolution authorizing the City Manager to approve Change Order No. 1 to the contract between the City of
Port Arthur and Inland Environments,Ltd,of Kingwood,Texas,for the demolition of the Old Water Treatment Plant
Project located at 1401 E. 19th street, decreasing the contract about by $90,000.00, to a new contract total of
$696,343.00; accept the Engineer's Certificate of Completion, Contractor's Certificate and Release, Contractor's
Certificate of Guarantee, execute the Certificate of Acceptance and authorize payment of the final invoice in the
amount of$34,817.15.Funding is available in Ike Round 2.2 Commercial Demolition Account no. 145-1201-532.59-
00,Project No. I22WP
StaffAnalysis/Considerations:
City staff attended the Final Inspection of this facility to verify conformance with City Standards.
Recommendation:
Staff recommends that City Council approve P.R.No. 19831,thereby authorizing the City Manager to approve Change
Order No. 1, accept the Engineer's Certificate of Completion, Contractor's Certificate and Release, Contractor's
Certificate of Guarantee, execute the Certificate of Acceptance and authorize fmal payment for the completion of
demolition of the Old Water Treatment Plant—Ike Round 2.2 Demolition Project and authorize payment of the final
invoice to Inland Environments,Ltd,
Budget Consideration:
This project is funded by the Texas General Land Office; funds allocated by U. S. Dept. of HUD through
CDBG (GLO Contract# 13-339-000-7653/DRS220148). Acceptance of this recommendation will not require a
budget amendment. Funding is available in Commercial Demolition Account No. 145-1201-532.59-00, Project#
I22WP.
DTP
cc: Ron Burton
Mary Essex
Clifton Williams
"Remember we are here to serve the Citizens of Port Arthur"
1
P.R. No. 19831
10/31/17 DTP/HT
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND INLAND
ENVIRONMENTS, LTD, OF KINGWOOD, TEXAS, FOR THE
DEMOLITION OF THE OLD WATER TREATMENT PLANT
PROJECT LOCATED AT 1401 E. 19TH STREET, DECREASING
THE CONTRACT AMOUNT BY $90,000.00, TO A NEW
CONTRACT TOTAL OF$696,343.00;ACCEPT THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S
CERTIFICATE AND RELEASE,CONTRACTOR'S CERTIFICATE
OF GUARANTEE, EXECUTE THE CERTIFICATE OF
ACCEPTANCE AND AUTHORIZE PAYMENT OF THE FINAL
INVOICE IN THE AMOUNT OF $34,817.15. FUNDING IS
AVAILABLE IN IKE ROUND 2.2 COMMERCIAL DEMOLITION
ACCOUNT NO. 145-1201-532.59-00,PROJECT NO. I22WP
WHEREAS, pursuant to Resolution No. 16-212, the City Council awarded a contract for the
demolition of the Old Water Treatment Plant located at 1401 E. 19th Street to Inland Environments,Ltd,of
Kingwood, Texas in the total amount of$786,343.00 with a total contract time of 306 calendar days;and
WHEREAS, Inland Environment, Ltd has completed the project satisfactorily without any
unexpected issues or delays and as a result,the contingency allowance were not used during the demolition
process; and
WHEREAS,Arceneaux Wilson&Cole,LLC has recommended the execution of Change Order
No. 1 for the deductive amount of$90,000.00 from the original contract amount, bringing a new total
contract amount of$696,343.00, attached hereto as Exhibit"A"; and
WHEREAS,the City of Port Arthur has received an Engineer's Certificate of Completion dated
October 18, 2017 from Joe Wilson, Jr, P.E., of Arceneaux, Wilson & Cole LLC (Exhibit "B"); a
Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from Jed Landrey, of
Inland Environments, Ltd. (Exhibit"C"), certifying that the Old Water Treatment Plant—Ike Round 2.2
Demolition Project have been completed satisfactorily according to City standards.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and
THAT,the City Manager is hereby authorized to execute on behalf of the City of Port Arthur the
Certificate of Acceptance attached hereto as Exhibit"D",accept the Engineer's Certificate of Completion,
Contractor's Certificate and Release, Contractor's Certificate of Guarantee and authorize payment of the
final invoice to Inland Environments, Ltd. for the completion of the Old Water Treatment Plant— Ike
Round 2.2 Demolition Project and; and
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THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ,ADOPTED,AND APPROVED this the 7th day of November,A.D.,2017,at a Regular Meeting
of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: MAYOR:
Councilmembers:
NOES:
MAYOR
ATTEST: APPROVED A TO FORM:
CITY SECRETARY CITY ATTO W EY
V
APPROVED FOR ADMINISTRATION:
CITY MANAGER P a, CTOR OF INS CTION & CODE
•MPLIANCE
APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING:
PN/ k (t} kliteu:h
DIRECT R OF FAL ANCE PURC 'ASING MANAGER
3
Exhibit "A"
4
CONTRACT FOR CONSTRUCTION
OF
19TH STREET WATER PLANT DEMOLITION
TO SERVE
City of Port Arthur
CPA-875
OWNER: City of Port Arthur CONTRACTOR: Inland Environments Ltd.
444 4th Street P.O. Box 6751
Port Arthur,TX 77642 Kingwood,TX 77325
AW&C Job No. CPA-875 Date: September 18,2017
AW&C Construction Phase No. CPA-875 Invoice Period: 5/1/2017 - 8/2/2017
Monthly Invoice No. 7(FINAL) Contract Date: September 16,2016
Contract Amount $ 786,343.00 Notice to Proceed: October 3,2016
Change Orders: $ (90,000.00) Contract Time: 306 Calendar Days
$ -
Change Order No. 1 $ (90,000.00)
Total Contract Amount
to Date: $ 696,343.00 Approved Time Extensions: Days
Amount Placed to Date: $ 696,343.00 Revised Contract Time: 306 Calendar Days
Material on Hand Not
in Place: $ - Days to Date: 304 Days
Subtotal: $ 696,343.00 Original Completion Date: August 4,2017
Less 0%Retainage: $ - Revised Completion Date: August 4,2017
Balance: $ 696,343.00 Percent Time Used:* 99%
Less Amounts on Percent Complete:* 100%
Previous Invoices: $ 661,525.85
TOTAL AMOUNT DUE $ 34,817.15
TEXAS REGISTERED ENGINEERING FIRM *Percent Time Used and Per h'('�;om`Yl;ta;tased on Final
* 18194 * Completion Dgfark s12< 01 i
se
Recommended for Approval: N �y
0 * " • 6°
JOE M. 'WILSON, JR. 0
Eg -o v 92067 .. v
Iif Ip�../CENS�49 �,r�
0.4111Mil IU-/9 /7- ,t. 8lONA1-S��.s
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.1„.
VSs•
alt. , Ail
ONT', TOR
MONTHLY INVOICE NO.7
19TH STREET WATER PLANT DEMOLITION
City of Port Arthur
CPA-875
September 18,2017
Quantity Total
Item Description of Bid Item Unit This Quantity To Unit Price Amount This Estimate Total Amount To Date
Estimate Date
Base Bid Items
Mobilization,Bonds,Insurance,Onsite Facilities,
Project Sign.Contractor shall be responsible for
performing all work indicated in the Construction
Plans,which include but are not limited to the
following:demolition;management,removal,and
disposal of wastes(hazardous and non-hazardous);
abatement;protection of sensitive utilities;storm
sewer;sanitary sewer;waterlines;site grading;hydro-
mulch;and installation of new fencing.Contractor
shall provide Storm Water Pollution Prevention Plan
1. (SWP3). 1 LS 1 . $ 679,983.00 $ - $ 679,983.00
2. Traffic Control 1 LS 1 $ 8,880.00 $ - 5 8,880.00
3. Vibration Monitoring 5 Per Day 5 $ 1,496.00 $ - $ 7,480.00
Supplemental Items
4. Contingency Allowance 1 L.S. $ 90,000.00 $ -
TOTAL $ - $ 696,343.00
1 Change Order No.1
Exhibit "B"
5
ENGINEER'S CERTIFICATE OF COMPLETION
Project: 19th Street Water Plant Demolition
Date Of Issuance: October 18, 2017
Owner(s): City of Port Arthur
Owner's Project No.: CPA-875, Contract No. 1
Engineer: Arceneaux Wilson&Cole LLC
Contractor: Inland Environments Inc.
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 Inland Environments Ltd.
[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
August 2,2017
DATE OF COMPLETION ...0,•AN•N t`t,
E O F TFNE
Executed by Engineer on /0- /9 , 2017 �®*�',P.•' ••.'T9•
*4
* . . *
i JOE M. WILSON, JR.
/1 '139 92067 •. 5
F G S
BY: Ak, /ON .t..
ARCENEAUX SON & COLE LLC [SEAL]
1/1
Exhibit "C"
6
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Inland Environments Ltd.
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO CPA-875, Contract No. 1 ENTERED 16th DAY OF
September, 2016 BETWEEN THE City of Port Arthur
AND Inland Environments Ltd.
(Name of Contractor)
OF Kingwood,Texas
(City) (State)
FOR THE 19th Street Water Plant Demolition
(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
Thirty Four Thousand Eight Hundred Seventeen Dollars and Fifteen Cents ($34,817.15)
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 , 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.
IN WITNESS WHEREOF th undersigned has signed and sealedthis instrument this
aft 1d day of C)C; r ,20 -
/S, Inland E iro , � d.
„ i'tZ;., ALLISON MOLINA (Contract-.r) rom
My Notary ID#129593607
-11,4,z,;.,4, Expires October 15,2021 BY:
(Signatures .nd Title o • r car)
Aq
,Lc ndi y , being first duly sworn on oath,deposes and says,first,
(Affiant)
that he is the r c SSI Q en of Inland Environments Ltd.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as V i C.P_PCeS>;ct r\+-
(Title)
of Inland Environments Ltd.
(Name of Company)
Affiant further states that the matters and things stated h- ei - -
•ffian
Subscribed and sworn to before m: this day of
OCA .e`C- ,20 �, .
My commission expires ID'IS-d.I
(Date) telfrnit--)
( o ry Public)
2
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Inland Environments Ltd.
TO: City of Port Arthur
FOR: Arceneaux Wilson &Cole LLC
REFERENCE CONTRACT NO. CPA-875 , Contract No.1 ENTERED INTO THE 16th DAY
OF September,2016 BETWEEN THE City of Port Arthur
AND Inland Environments Ltd.
OF Kingwood,Texas
FOR: 19th Street Water Plant Demolition
KNOW ALL MEN BY THESE PRESENTS:
1. Inland Environments Inc. 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 Inland Environments Ltd. and with the knowledge that it
1/2
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.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this d A day of Odl)b-Cr , 20 t 7
[CORPORATE SEAL] Inland En ro " d
(Contractor Ai ftei
BY:
leA. A,L_Gr A ey , being first duly sworn on oath, deposes and says,
first that /
he is the V k C.0_,Pre , aent of Inland Environments Ltd. second,that he has read
the foregoing certificate by him subscribed as \I CC _PresideOA—
of Inland Environments Ltd.
Affiant further states that the matters and things state• h .'' - true.
"kALLISON MOLINA
1
*° My Notary ID#129593607
%':a,o,,'+" Expires October 15,2021
(A-ant)
Subscribed and sworn to before me this f-1 Ca_ day of
CkO0r , 20 M
My commission expires IGH 5-;-),1
(Date)
• l!/ Jd I/ A /A
Notary Public)
2/2
Exhibit "D"
CERTIFICATE OF ACCEPTANCE
FOR
Completion of the Demolition of Old Water Treatment Plant
1401 E. 19t`' Street
IN THE
CITY OF PORT ARTHUR
TO: Arcenueax Wilson&Cole LLC
This document is to certify that the City of Port Arthur, Texas, accepts the completion of the demolition
of the Old Water Treatment Plant located at 1401 E. 19th Street, Port Arthur, Texas, on basis of the
Engineer's Certificate of Completion as executed by Joe Wilson, Jr., P.E. and the Contractor's Certificate
of Guarantee and Contractor's Certificate and Release,both executed by Inland Environments,Ltd.
Brian McDougal,
City Manager
ATTEST:
Sherri Bellard,
City Secretary