HomeMy WebLinkAboutPR 12080:PAVILLION STAGE COVERPUBLZC WORKS DEPARTMENT
COUNCZL ACTZON MEMO
TO
FROM
SUB.1ECT
DATE
Steve Fitzg!bbons, City Manager
Leslie E. McMahen, P.E,, Director of Public Works
P.R. #12080
3anuary 31, 2003
RECOMMENDATION
it is recommended that the City Council approve Proposed Resolution No. 12080, authorizing
the Mayor and CiL~ Manager to execute Change Order No, I and Final to the contract dated
.luly 9, 2002 between the City of Port Arthur and AIIco, Inc. of Beaumont, Texas for the
construction of the stage cover for the Downtown Pavilion, increasing the contract amount by
$1,438.43 to a new contract total of $40,980.43, authorizing the City Manager to execute a
Certificate of Acceptance for the work and authorizing final payment of $40,980.43 from FY
2003 Budget Account No. 301-1601-591.54-00, CIP 003.
BACKGROUND
Advertisements for Bids were published on May 5, 2002 and May 12, 2002, with the contract
being awarded to Allco, Inc. of Beaumont, Texas on .luly 9, 2002 in the amount of $39,542.
A Certificate of Completion was Issued on .lanuary 24, 2003 by Arceneaux & Gates Consulting
Engineers, Inc.
Change Order No. ~1 and Final was issued by AIIco, Inc. increasing the contract by $1,438.43,
to a new contract total of $40,980~43, for the addition of two (2) 24-Tnch Drilled Piers
resulting from a cl~ange In the structure design by the building supplier.
BUDGETARY/FTSCAL EFFECT
Funding is available in FY 2003 Account No. 301-1601-591.54-00, CTP 003, and Mardi Gras
South East Texas will reimburse the City for 50% of the cost of this project.
STAFF:ENG/EMPLOYEE EFFECT
None.
SUMMARY
Tt is recommended that the City Council approve Proposed Resolution No. 12080, authorizing
the Mayor and City Manager to execute Change Order No. I and Final to the contract dated
.luly 9, 2002 between the City of Port Arthur and AIIco, Inc. of Beaumont, Texas for the
construction of the stage cover for the Downtown Pavilion, increasing the contract amount by
$1,438.43 to a new contract total of $40,980.43, authorizing the City Manager to execute a
CertifiCate of Acceptance for the work and authorizing final payment of $40,980.43.
Leslie El McMahen, P.E.
Director of Public Works
file c: 1.ca ms\downtown pavilioncloseo ut
P.R. No. 12080
01131/03 vid
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY f4ANAGER TO
EXECUTE CHANGE ORDER NO. I AND FINAL FOR AN INCREASE OF
$1,438.43 TO THE CONTRACT DATED JULY 9, 2002 WITH ALLCO, INC.
OF BEAUMONT, TEXAS FOR THE CONSTRUCTION OF THE STAGE
COVER FOR THE DOWNTOWN PAVILION, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND
AUTHORIZE FINAL PAYbtENT IN THE AMOUNT OF .$40,980.43;
FUNDING BEING AVAILABLE IN FY 2003 ACCOUNT NO. 301-1601-
591.54-00, CIP 003.
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. has issued a Certificate of
Completion stating that the construction of the stage cover for the Downtown Pavilion was
completed on .January 2a,, 2003, 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 AIIco l~nc. of Beaumont, Texas
by T.W. Harrison, Executive Vice-President; and,
WHEREAS, construction under said Contract is now complete; and,
WHEREAS, Change Order No. ! and Final in the amount of $17,38.a,3 is
recommended for approval; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHURv
TEXAS:
THAT Change Order No. ! and Final in the amount of $1,438.43, attached hereto and
made a part hereof as Exhibit"D', be and is hereby approved; and,
THAT the City t,lanager be and he is hereby authorized to execute on behalf of the
City of Port Arthur a Certificate of Acceptance for the construction of the stage cover for the
Downtown Pavilion, attached hereto and made a part hereof as Exhibit "E"; and,
P.R. No. 12080
Page #2
THAT the final contract amount for the subject contract, inclusive of Change Order
No. 1 and Final, is $40,980.~13; and,
THAT Invoice No. I and Final in the amount of $'t0,980.,13 from the Contractor,
inclusive of Change Order No. I and Final, copy attached hereto and made a part hereof as
Exhibit"F'; be and is hereby approved; and,
THAT AIIco, Inc. has indicated that all bills of laborers, subcontractors and material
suppliers have been paid, as evidenced on Exhibit "G" attached hereto and made a part
hereof; and,
THAT funding is available in FY2003 Budget Account No. 301-1601-591.5~,-00,
003; and
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council; and,
READ, ADOPTED AND APPROVED this the __
Ayes: Mayor:.
Councilmembers:
day of ., A.D. 2003 at a
meeting of the City of Port Arthur, Texas by the following vote:
Noes:
Mayor
P.R. No. 12080
Page I/3
Attest:
City Secretary
APPROVED AS TO FORH:
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Leslie E. HcMahen, P.E.
Director of Pubic Works
TO AVAILABILITY OF FUNDS:
Rebecca Underhill
Finance Director
file c:\res~dovvntownpavilioncloseo ut
Exhibit "A"
P.R. No. 12080
ENGINEER'S CERTIFICATE OF COMPLETION
Project: MODIFICATIONS TO THE DOWNTOWN PAVILION
Date Of Issuance:
Owner's Project No.:
En~ee~:
Contractor:
CITY OF PORT ARTHUR
01-CPA-240 [Comtmaion ptme 01-CPA-241], Contract No. 1
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
ALLCO, INC.
This Engine.s Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereofi
TO
AND TO
CITY OF PORT ARTHUR
[OWNERI
ALLCO, INC.
[C0N'r~CT0~I
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
/- Z 4-
DATEOFCOMPLETt0N
Executed by Engineer on .20 OS
BY:
ARCENEAUX & GATES CONSULTING ENGI
CONTRACTOR'S CERTIFICATE AND RELEASE
Exhibit
P.R. No. 12080
1 of 2
FROM:
ALLCO, INC.
(Name of Contractor)
TO: CITY OF PORT ARTHUR / CITY OF PORT ARTHUR
("Owner") ("Operator")
REFERENCE CON-II'CT NO. 01-CPA-240 [241], Contract No. 1 ENTERED INTO THE
DAY OF July, 2002 , BETWEEN THE CITY OF PORT ARTHUR~
JEFFERSON COUNTY, TEXAS
9TM
AND ALLC0, INC.
(Name of Contractor)
OF BEAUMONT, TEXAS
FORTHE
(c~) (s~)
CONSTRUCTION OF
(Name of (~tions)
Modifications to the Downtown Pavilion
(Name of Projcc0
01-CPA-240 [241], Contract No. 1 ,
(Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS.
KNOW ALL MEN BY THESE PRESENTS:
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 THOUSAND NINE HUNDRED EIGHTY DOLLARS AND 431100 ($40,980.43)
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) None
Co) None
(c) None
(d) None
(Itemize claims and mounts due) (If none, so state)
The undersigned further certifies that ail work required under this contract, including work required
under Change Order(s) numbered One (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.
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.
1/2 c:'xP ROJECTS'xCPA241 \C&RCOIqTR.doc
Exhibit 'B'
P.R. NO. 12080
2of2
That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersigned
does hereby release the Owner and Operator fi.om 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.
of
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ~ day
[SEAL]
BY:
ALLCO, INC.
(Con~ractor)
(Signatur~Tid Ti~e~xecutive Vice President
T.W. Harrison
(Afl.m0
, being first duly swom on oath, deposes and says, first, that
he is thc Executive Vice President of
(Title)
ALLCO, INC.
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
Executive ViCe President
(Title)
of ALLCO, INC.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
Subscribed and sworn to before me this
2o0
My commission expires
(Date)
~MARY BETH DELORD X
i'~ NOTARY PtISLiC ~l,
~ My Comm. E~pims ~21~-~Q3 ~
day of (~)tLIAJlA3~
2/2 C:~PROJECTS~CPA241 \C&RCONTR.doc
Exhibit 'C"
P.R. No. 12080
1 of 2
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ALLCO, INC.
(Name of Contractor)
TO: CITY OF PORT ARTHUR / CITY OF PORT ARTHUR
("Owner") ("Operator")
REFERENCE CONTRACT NO. 01-CPA-240 [241], Contract No. 1 ENTERED INTO THE __
OF July, 2002 , BETWEEN THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
DAY
AND ALLCO, INC.
OF BEAUMONT,
(city)
FOR THE
CONSTRUCTION
(Name of Contractor)
TEXAS
(stero
OF
(Name of Operations)
01-CPA-240 [2411, Contract No. 1 ,
(Project No.)
Modifications to the Downtown Pavilion
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS.
KNOW ALL MEN BY THESE PRESENTS:
1.
ALLCO, INC. does hereby guarantee all of the work done
under the above referenced contract to be flee 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.
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.
This Certificate is given in connection of the final payment under the contract between the Owner
and ALLCO, INC. 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 troth of the matter contained in this
affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this o~ ~L day
of ,20D_3__.
[CORPORATE SEAL]
ALLCO, INC.
(Contractor)
BY:
T.W.~~Vice(~PPresident
Exhlb'~ 'C"
P.R. NO. 12080
2of2
T.W. Harrison
(Affiant)
he is the Executive Vice President of ALLCO, INC.
(Title)
second, that he has read the foregoing certificate by him subscribed as
being first duly sworn on oath, deposes and says, first thru
of ALLCO, INC.
(Name of Company)
Executive Vice President
(Title)
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affian0
Subscribed and sworn to before me this ~rl~ day of ~l~
2q o3
My commission expires
(Date)
NOTARY PUBLIC
S~ATE OF s ~TE'~?- 1003
(~otar~ Publ~
2/2 C:~ROJECTSXCPA241 \CCGCONTR.doc
Exhibit'D"
P.R. No. 12080
1 of 3
DATE: January 22. 2003
JOB NO. 01-CPA-240 [241], Contract No. 1
AGREEMENT DATE:
July 9, 2002
NAME OF PROJECT: MODIFICATIONS to the DOWNTOWN PAVILION
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: ALLCO, INC.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Adjust Contract quantities due to the addition of two (2)
24-Inch Drilled Piers.
(a)
(b)
(c)
(d)
Increase Supplemental Item No. 3
"Extra 24-inch Drilled Shaft"
fi.om 0 L.F. to 15.67 L.F. ~ $27.50/L.F.
Increase Supplemental Item No. 4
"Extra Bell Footing"
from 0 C.Y. to 2 C.Y. @ $285.00 C.Y.
Increase Supplemental Item No. 6
"Extra Reinforcing Steel"
fi.om 0 LB. to 275 LB. ~ $0.50 LB.
Increase Supplemental Item No. 7
"Demolish, Remove and Dispose of
Concrete & Debris", fi.om 0 C.Y. to
I C.Y. ~ $300.00 C.Y.
[+] $430.93
[+] $570.00
[+} $137.50
[+] $300.00
TOTAL
[+] $1438.4~3
1/3 C:~PROJECTbACPA24 t\CO~ t 01-17-03.doc
CHANGE ORDER NO. 1
January 22, 2003
Job No. 01-CPA-240 [241], Contract No. 1
Exhibit 'D"
p.R. No. 12080
2of3
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $39,542.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER: $39.842.00
The CONTRACT PRICE due to this CHANGE ORDER will be [increased] ~
by: $1.438.43 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $40.980.43
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 120 Calendar Davs
CURRENT CONTRACT TIME adjusted by previously approved TIME EXTENSIONS:
120 Calendar Days
CURRENT DATE OF COMPLETION: January 3, 2003
CONTRACT TIME due to this CHANGE ORDER will be increased by 13 Calendar Days
Tho New DATE OF COMPLETION: January 16. 2003
2/3 C:L°ROJECT~CPA 241 \CO~l O1 - 17-03.dc~
Exhibit "D"
P.R. No. 12080
3of3
CHANGE ORDER NO. 1
~anuary 22, 2003
Job No. 01-CPA-240 [241], Contract No. 1
No other Terms and Conditions of the Contract are changed as a result of this Change Order.
Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs
incurred by Contractor in his performance of the work covered by the Change Order.
. REQUESTED BY:
ARCENEAUX 8, GATES ~ , [CONTRACTOR. OFFICER OR OWNER]
CONSULTING ENGINEEI S, INC. '/tf,/;*o$
[Co~oorate Seal]
ORDERED BY: ~ ~-------. CITY OF PORT ARTHUR
ACCEPTED BY:
APPROVED AS TO FORM:
CITY OF PORT ARTHURt MAYOR
CITY OF PORT ARTHUR~ MANAGER
CITY SECRETARY
CITY ATTORNEY
[CITY SEAL]
Exhibit 'E'
P.R. NO. 12080
I of 1
CER T. rF_rCA TE OF A CCEPTANCE
FOR
CONSTRUCTION OF THE STAGE COVER
FOR THE
DOWNTOWN PAVILION
TO: T.W. Harrison, Executive Vice-President
Nlco, [nc.
Dear Hr. Harrison:
This is to certify that the City of Port Arthur~ Texas accepts the
contract for construction of the stage cover for the Downtown
Pavilion as being completed on the basis of the Certificate of
Substantial Completion received by Arceneaux & Gates Consulting
Engineers, Inc. on 5anuary 24, 2003.
Steve Fitzgibbons
Oty Manager
Date
CONTRACT FOR CONSTRUCTION OF
MODIFICATIONS
TO THE
DOWNTOWN PAVILION
Exhibit 'F~
P.R. No. 12080
lofl
A&G Job No.
A&G Construction Phase No.
Monthly Estimate No.
Contract Amount
Change Orders: No 1'
[*]
Total Contract Amount $
Amount Placed to Date: $
Material on Hand Not $
Subtotal: $
Less 5% Retainage: $
Balance: $
Less Amounts on
Previous Estimates: $
TOTAL AMOUNT DUE $
01-CPA-240
01-CPA-241
1 & Final
39,542.00
1,438.43
40,980.43
40,980.43
40,980.43
40,980.43
40,980.43
Date:
Estimate Period:
Contract Date:
Notice to Proceed:
Contract Time:
Approved Time Extensions:
Revised Contract Time:
Days to Date:
Original Completion Date:
Revised Completion Date:
Percent Time Used:
Percent Complete:
January 22, 2003
9/6/02 1/16/03
July 9, 2002
September 6, 2002
120 Calendar Days
13
133
133
Days
Calendar Days
Days
January 3, 2003
January 16, 2003
100%
100%
* Assumes Change Order No. 1 is executed.
Recommended for Approval:
[SEAL]
Exhibit
P,R, No. 12080
1 of 1
AFFIDAVIT OF ALL BILLS PAID
I, T.W. Harrison, Executive Vice President of ALLCO, Inc., do hereby certify and affn'm
that all bills of laborers, subcontractors and material suppliers for ALLCO, Inc. contract
with thc City of Port Arthur dated July 9, 2002 for the project known as thc
Modifications to the Downtown Pavilion (0.1-CPA-240 [24'1]) have been paid except
for the following claim(s):
It is understood that the City of Port Arthur may withhold the mount of the claim from
our Final Payment until thc claim is settled pursuant to Section 2253.071, Local
Government Code.
I further state that the matters and things stated herein are tree.
.~W. ~~e President
ALLCO, Inc.
Subscribed and sworn to before me this
~M^RY BETH DELO~
{~ NOTARY P~LIC
~.~/ S~AE OF ~
~ My Comm. ~piras 044~-~03
day of ~ ,200_O_~
Notary