HomeMy WebLinkAboutPR 20241: 4TH STREET IMPROVEMENTS PROJECT - CLOSEOUT GuYo
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: July 9,2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Armando Gutierrez, Jr.,P.E., Director of Public Works
RE: P.R. 20241 —4th Street Improvements Project-Closeout
Introduction:
Completion and acceptance of the work for the 4t1i Street Improvements from Stadium Road
to Duff Drive Project involving the acceptance of the Engineer's Certificate of Completion,
Contractor's Certificate of Guarantee, Contractor's Affidavit of Payments of Debts and
Claims, Contractor's Affidavit of Release, release of the retainage in an amount of
$48,640.55 and Certificate of Acceptance of 4th Street Improvements from Stadium Road to
Duff Drive. Copies of Acceptance documents are attached.
Background:
Excavation and Construction, LLC of Port Arthur, Texas was awarded the 4th Street
Improvements Project at a cost of $888,612.74. The new contract amount due to Change
Order No.1, No. 2 and No. 3 total to $974,511.48. Requiring a reduction in the construction
quantities, Change Order No. 4 (Final) in the amount of$1,700.35 is compelled to adjust the
estimated quantities during the performance of the project decreasing the final contract
amount to $972,811.13.
Budget Impact:
Funds are available in the following account: 105-1431-552.86-00 CDBG, Project No.
4THST1
Recommendation:
Approval of P. R. No. 20214 Resolution. Attached are the Engineer's Certificate of
Completion from Alberto Elefano, P.E. of the City of Port Arthur, Texas, Contractor's
Certificate of Guarantee, Contractor's Affidavit of Payments of Debts and Claims and the
Contractor's Affidavit of Release and release of the retainage in an amount of$48,640.55 to
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 * Port Arthur,Texas 77641-1089 * 409.983.8182 * FAX 409.983.8294
Excavation and Construction, LLC for the 4th Street Improvements Project in Port Arthur,
Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 •x Port Arthur,Texas 77641-1089 n 409.983.8182 n FAX 409.983.8294
P.R. 20241
7/11/2018 anw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 4 TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND EXCAVATION & CONSTRUCTION LLC OF
BRIDGE CITY, TEXAS, DECREASING THE CONTRACT AMOUNT BY
$1,700.35 TO A NEW CONTRACT AMOUNT OF $972,811.13 AND
AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE
OF COMPLETION, THE CONTRACTOR'S AFFIDAVIT OF PAYMENT
OF DEBTS AND CLAIMS, THE CONTRACTOR'S AFFIDAVIT OF
RELEASE, THE CONTRACTOR'S CERTIFICATE OF GUARANTEE,
THE CONTRACTOR'S CERTIFICATE AND RELEASE AND EXECUTE
THE CERTIFICATE OF ACCEPTANCE AND RELEASE OF
RETAINAGE IN THE AMOUNT OF $48,640.55 FOR THE 4th STREET
IMPROVEMENTS PROJECT: STADIUM TO DUFF ACCOUNT NO.
105-1431-552.86-00, PROJECT No. 4THST1.
WHEREAS, on December 27, 2016, the City Council of the City of Port Arthur,
Texas, passed Resolution No. 16-351 awarding a contract in the amount of $888,612.74
to Excavation and Construction, LLC, of Port Arthur, Texas for the, 4th Street
Improvements Project; and,
WHEREAS, on June 20, 2017, the City Council of the City of Port Arthur, Texas,
passed Resolution No. 17-152 authorizing Change Order No. 1, in the amount of
$26,929.70 to add bid items for type C inlets and 15 inch HDPE pipes, concrete curb
and gutter and asphalt pavement and increasing the contract time by 15 days, thereby
increasing the total contract amount to $915,542.44 and contract term to 165 days;
and,
WHEREAS, on August 1, 2017 the City Council of the City of Port Arthur, Texas
passed Resolution No. 17-198 authorizing Change Order No. 2 increasing the contract
term by 34 days, thereby increasing the new contract term to 199 days; and,
P.R. 20241
WHEREAS, on November 21, 2017 the City Council of the City of Port Arthur,
Texas passed Resolution No. 17-301 authorizing Change Order No. 3 in the amount of
$58,969.04 for addition and deletion in the bid quantities and increasing the contract
term by 20 calendar days, thereby increasing total contract amount to $947,581.78 and
contract term to 219 calendar days. However, the change order amount of $ 58,969.04
was added to the original contract amount $888,612.74 instead to Change Order No. 1
of total contract amount $915,542.44. The correction to Change Order No.3, the new
total amount shall be $974,511.84; and,
WHEREAS, this proposed Change Order No. 4 is for a negative amount of
$1,700.35 due to adjustment of estimated quantities to reflect the actual quantities
used in the completion of the project attached hereto as Exhibit "A"; and,
WHEREAS, approval of Change Order 4 will decrease the contract amount by
$1,700.35 to a new contract amount of $972,811.13; and
WHEREAS, the City of Port Arthur has received the 4th Street Improvements
Invoice for release of retainage in the amount of $48,640.55, attached hereto as Exhibit
"B"; and,
WHEREAS, the City has received the Engineer's Certificate of Completion with
substantial completion and punchlist, attached hereto as Exhibit "C", the Contractor's
Affidavit Of Payment Of Debts And Claims and Final Payment Affidavit, attached hereto
as Exhibit "D", the Contractor's Certificate Of Guarantee attached hereto as Exhibit "E",
the Contractor's Certificate And Release attached hereto as Exhibit"F"; and,
P.R. 20241
WHEREAS, Excavation & Construction LLC has completed the project
satisfactorily and has been accepted by the Public Works Department of the City of Port
Arthur, Texas.
NOW THERFORE, 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, Change Order No. 4 is herein approved and the City Manager is hereby
authorized to execute said Change Order No. 4 (Final) to the contract decreasing the
contract amount by ($1,700.35) for a revised final total contract amount of
$972,811.13; and,
THAT the City Manager is hereby authorized to execute on behalf of the City of
Port Arthur a Certificate of Acceptance (Exhibit "G") for the completion of the 4th Street
Improvements Project (Stadium to Duff); and,
THAT the Release of Retainage of $48,640.55 is approved attached hereto as
(Exhibit "B") for the completion of the 4th Street Improvements Project (Stadium to
Duff); and,
THAT the City Manager is hereby authorized to make final payment of the
retainage in the amount of $48,640.55 to Excavation and Construction, LLC for the
completion of the 4th Street Improvements Project (Stadium to Duff); and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
P.R. 20241
READ, ADOPTED AND APPROVED this day of , A.D. 2018
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes: .
Derrick Freeman
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVE FOR ADMINISTRATION:
(y,(
Valecia izeno Harvey Robinson
City Attorney Interim City Manager
P.R. 20241
APPROVED AS FOR AVAILABILITY OF
FUNDS:
%/i/ e/s/be4,
Andrew Vasquez, CPA Clifto Williams
Director of Finance Purchasing Manager
Armando Gutierrez, Jr., P.E.
Director of Public Works
EXHIBIT "A"
CITY OF PORT ARTHUR
DATE: July 7 ,2018
PROJECT: 4TH STREET IMPROVEMENTS(STADIUM ST.-DUFF DR.)
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: EXCAVATION AND CONSTRUCTION
CHANGE ORDER NO.: 04(FINAL)
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Adjust the Estimated Quantities to reflect the Actual Quantities used in the completion of the project:
ORIGINAL CONTRACT AMOUNT: $888,612.74
NET FROM PREVIOUS CHANGE ORDERS: $974,511.48
TOTAL AMOUNT OF THIS CHANGE ORDER: ($1,700.35)
PERCENT OF THIS CHANGE ORDER: -0.19%
TOTAL PERCENT OF THIS CHANGE ORDER: -0.19%
FINAL CONTRACT AMOUNT: $972,811.13
CONTRACT TIME IS NOT AFFECTED BY THIS CHANGE ORDER
ACCEPTED BY: wi PREPARED BY:
Eric Gilchriest,General Manager _ Rafael G.Miranda
Excavation and Construction,L.L.C. Project Manager
APPROVED BY: L%L'" 4
C.
Alberto Elefar o,P.E., Armando Gutierrez Jr.P.E.
City Engineer Public Works Director
•
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Mary Essex,G anager C on Williams,CPPB
Purchasing Manager
Harvey Robinson
City Manager
EXHIBIT " B "
CITY OF PORT ARTHUR, TEXAS
RETAINAGE FORM
7/13/2018
Department/Division: Public Works
Vendor # 12990
Purchase Order Number 207732
PAYEE NAME & ADDRESS
Excavation & Construction. L.L.0 Resolution Number
2300 HWY 365 Retainage Amount: $48,640.55
Suite 400 Account number: 001-0000-205.00-00
Nederland, TX77627 Project number:
Description/Explanation
Retainage for 4th Street Improvements
Stadium - Duff
MULTI-ACCOUNT DISTRIBUTION
Amount Account Number Amount
APPROVED BY:
Supervisor
Department Director
Finance Director
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EXHIBIT " C "
Cin•of
Texas
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: July 20, 2018
Project: 4th Street Pavement Improvement Project from Stadium Road to Duff Drive.
To: All Concerned
Gentlemen:
I HEREBY CERTIFY THAT this project was completed on March 29, 2018 that the work was under
periodic inspection during construction by Public Works Engineering, City Inspector.
That to the best of my knowledge, the project was constructed substantially in accordance with
the plans and specifications, and that record documents were received and are on file in Public
Works Engineering.
Submitted by:
C
Alberto Elefano, P.E.
City Engineer
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
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www.PortArthurTx.gov
MEMORANDUM
Date: March 14, 2018
To: Eric Gilchriest, Excavation& Construction, LLC
From: Rawetts Baaheth, Sr., Engineering Division-Department of Public Works 4r/
► J
RE: Substantial Completion for the 4th Street Improvements from Stadium Road to
Duff Drive
Dear Mr. Gilchriest:
Upon the request of Mr. Gilchriest, a project walkthrough was scheduled on Wednesday,
March 14, 2018 for the above mentioned project. It is deemed acceptable to declare the
project as "Substantially Complete". A punch list will be created and submitted to the
contractor. If you have any questions, please feel free to call me at 409.983.8184.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
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PO Box 888 Phone:409-962-2677
Bridge City TX 77611 FAX: 409-962-2771
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Contractor's Affidavit of Payment of Debts and Claims
PROJECT:4th Street Improvements from Stadium Road to Duff Drive
LOCATION:4t Street
OWNER: City of Port Arthur
State of Texas
Count of Jefferson
The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have
otherwise been satisfied for all materials and equipment furnished,for all work, labor,and services performed, and for
all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the
performance of the Contract referenced above for which the Owner or Owner's property might in any way be held
responsible or encumbered.
EXCEPTIONS:
Signature . i-e-4 4.z:
Print n,`c_-I)(3e /47i r'/',(^yJCr)
Date , )j RV/ $'
Sworn to and subscribed before me, a
Notary public, this t day of'JULIE , 1 IS
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PO Box 888 Phone:409-962-2677
Bridge City TX 77611 FAX: 409-962-2771
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Final Payment Affidavit
PROJECT:4th street Improvements from Stadium Road to Duff Drive
LOCATION:4th Street
OWNER:City of Port Arthur
I CERTiFY: That the work under the above named contract, including all amendments thereto, have been satisfactorily
completed; that all charges or bills for labor or services performed or materials furnished, and other charges against the
project, including those by subcontractors, have been paid in full and in accordance with the terms of the contract,that
no liens have attached against the property and improvements of Owner by any of the aforementioned on the account
of Excavation & Construction, LLC; that no suits are pending by reason of work on the project under the contract; that all
Workmen's Compensation claims have been settled and that no public liability claims are pending. Affidavit is made for
the purpose of obtaining Final Payment on said contract.
Signature jI.'r'-i-a L /
Print / -h6 / /locei{nom/fir)
Title 43. ..E ., 4 SS /414 rt ei 9 c
Date 6 %f61j 3-
Sworn to and subscribed before me, a
Notary public, this ; day of .j i.,i()° ,. �J 1 ��
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EXHIBIT " E "
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 06 DAY OF FEBRUARY, 20 17,
BETWEEN THE CII Y OF PORT ARTHUR
(Owner)
AND EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
OF 6601 PROCTOR STREET EXTENSION, PORT ARTHUR, TEXAS
(City and State)
FOR THE: 4T" STREET IMPROVEMENT PROJECT FROM STADIUM ROAD TO DUFF DRIVE
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 EXCAVATION AND CONSTRUC I ION, LLC 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 '-
day ofi/ , 20 18 .
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7/7
',e/�, � I EXC a VATION AND CONSTRUC I ION, LLC
�� VL (Contractor)
,unr
�OA MARY JENNIFER EDWARDS gY; '�/ -`
10 di My Commission Expires r (Eric Gilchriest)
s,�`! June 15, 2019
1 of 2
II // , being first duly sworn on oath, deposes and says, first,
that he is the (2,enu4{'1J M of EXCAVATION AND CONSTRUCTION, LLC
(Title) (Name of Contractor) �J /
Second, that he has read the foregoing certificate by him subscribed asabith liki11
(Title)
of EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
Affiant further states that the matters and thin stated herein are true.
(Eric Gilchriest)
Subscribed and sworn to before me this 021 day of91,/,/ , 20 18 .
My commission expires 9foai /5 �/ '
(Date )
U14)4dej
( ota / ublic)O
Seal:
03ZMY
` MARY JENNIFER EDWARDS
d My Commission Expires
June 15,2019
2 of 2
EXHIBIT " F "
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 06 DAY OF FEBRUARY 20 17,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
OF 6601 PROCTOR STREET EXTENSION, PORT ARTHUR, TEXAS
(City and State)
FOR THE: 4T" STREET IMPROVEMENT PROJECT FROM STADIUM ROAD TO DUFF DRIVE
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:
Forty-eight thousand Six hundred forty Dollars & Fifty-six Cents ($48,640.56)
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
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.
1 of 2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this
day of , 20 18 .
EXCAVATION AND CONSTRUCTION
/ (Contractor)
BY: _-
(Eric Gilchriest)
, being first duly sworn on oath, deposes and says, first,
that he is the 'milteLj i a ec' of Excavation and Construction, LLC
(Title) O (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as giAiiAte,Audi/(Title) a
of Excavation and Construction, LLC
(Name of Contractor)
Affiant further states that the matters and thin',4tated herein are true.
/ 1111.111i,
Subscribed and sworn to before me this day of , , 20 18 .
I
My commission expires C i6/
(Date)
4, ?ferr, 1 ,o
(Notary Public)
Seal:
lrl'PY P`„4r
”JMMy commies on Expos S
1 June 15,2019
2 of 2
EXHIBIT " G "
City ofTort Arthur, Texas
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
4th Street Improvements Project in the City of Port Arthur, Texas
To: Excavation & Construction, LLC
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the street improvements of the above mentioned project on the basis of the City of Port
Arthur, Texas Public Works Department, the Engineer's Certificate of Completion from
Alberto Elefano, P.E. of the City of Port Arthur, the Contractor's Affidavit of Release and
Claims, the Contractor's Affidavit of Release and the Contractor's Guarantee of Work.
Harvey Robinson
Interim City Manager
ATTEST:
Sherri Bellard
City Secretary