HomeMy WebLinkAboutPR 15113: EDC/EXCAVATORS & CONSTRUCTORS, LTD (JADE AVE)interoffice
MEMORANDUM
To: Mayor, City Council, and-City Manager
From: Floyd Batiste,-CEO _ .
Date: February 18, 2009
Subject: P. R. No. 15113; Council Meeting of February 24; 2009
Attached is P. R. No. 15113 approving Change Order No. 3 of the contract between
'Excavators & Constructors, Ltd. and the City of Port Arthur Section 4A Economic Development
Corporation for construction of Jade .Avenue. > The EDC Board will be reviewing this on
Monday and it is expected to be approved.
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Attachment
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z.pr15113 memo
RESOLUTION NO.
P. R. No. 15113
02/19/09 is/fb
A RESOLUTION APPROVING CHANGE ORDER
NO. 3, FINAL PAYMENT, AND .RELEASE OF
RETAINAGE OF THE ~ CONTR.ACT BETWEEN
EXCAVATORS & CONSTRUCTORS, LTD. AND
{ THE CITY .OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
.FOR CONSTRUCTION OF JADE AVENUE.
WHEREAS, Excavators & Constructors have been retained by the City of Port
Arthur Section 4A Economic Development Corporation to extend Jade Avenue; and
WHEREAS, Joe M. Wilson, Jr., P.E.. with Arceneaux & Gates Consulting
Engineers, corisultants for the City of Port Arthur,Section 4A Economic Development
Corporation Board of Directors, recommends approval of Change Order No. 3, attached
as Exhibit "A"; and' ,
WHEREAS, Joe M. Wilson, Jr., P.E. with Arceneaux & Gates consulting
Engineers, verifies that this. is the final payment, release of retainage, and that the total
contract price is $2,515,671.25: and
WHEREAS, attached as' Exhibits "B; C, D, and E" respectively, aze the
Recommendation for Final Payment & Release of Retainage, Engineer's Certificate of -
Completion, Contractor's Certificate of Guazantee, and Contractor's Certificate &
Release.
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.
z.pr1A 13 memo ~
Section 2. That_Change Order No. 3 is hereby approved, as delineated as in
Exhibit "A". ,
Section 3. That the City Council hereby authorizes the approval by the EDC
of the final payment and release 'of retainage, as delineated in Exhibit "B".
Section 4. {That this oauthorization by the City Council is subject to the
approval of the EDC Board of Directors.
Section 5. That' a copy of the caption of the Resolution be spread upon the
Minutes of the City Council. `
READ, ADOPTED AND APPROVED on the day of
A.D. 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by '
the following vote: AYES: Mayor
NOES:
DELORIS ``BOBBIE" PRINCE, MAYOR
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED:
FLOYD BATISTE, EDC CEO
APPROVED ?iS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
z.pr15113 memo'
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ARCENEAII%
GATES
• CHANGE ORDER No. 3
DATE: _ February 12.2009 JOB NO. EDC-070 Contract No 1
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... AGREEMENT. DATE: March 19 2008
NAME OF PROJECT: JADE AVENUE EXTENSION -PHASE II
OWNER: /PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
CONTRACTOR: EXCAVATORS & CONSTRUCTORS LTD.
The following changes aze hereby made to the CONTRACT DOCUMENTS:
° 1. Adjust the following Bid Items to reflect actual
quantities used.
a. Bid Item No. 3, Delete 5885 LF Silt Fence ~ [-] $ 20.597.50
b. Bid Item No. 6, Delete 58 S.Y. 8° Compacted Subgrade [-] $ 63 80
o. Bid Item No. 7, Delete 17.8 Tans Lime for Subgrade [-] $ 2.74120
d. B.id-Item No. 8, Delete 58 S.Y. Manipulation of Lime [-] $ 249.40
e. Bid Item No. 10, Delete 61.56 S:Y. Protective Slabs [-] $ 6.863.94
f. Bid Item No. 11, Delete 7T S.Y. 8" Class P Concrete [-] $ 3.244 70
g. Bid Item No. 12, Add 85.1 S.Y.,13" Class P Concrete [+] $ 11.416.17
h. Bid Item No. 13, Delete 100 L.F. Concrete Curb [-] $ 365.00
i. Bid Item No. 17, Delete 50 L. F: 13" Trench Safety [-] $ 5 00
j. Bid Item No. 19 Add 4 EA. Type "C" Inlet [+] $ 10.400.00
k. Bid Item No: 20, Delete 4 EA. Type °C" (Modified Offset) [-] $ 8.480.00
I. Bid Item No. 21, Add 14 L.F. 7' X 2' RCB [+] $ 4.312.00
m. Bid Item No. 22, Add 6 L.F. 6' X 2' RCB [+] $ 1.473.90
n. Bid Item No. 23, Add 20.5 L.F: 5' X 3' RCB (+] $ 4.909:75
o. Bid Item No. 24, Delete 6 L. F. 6' X 2' RC8 [-] $ 571.00
p. Bid Item No. 25, Add 3 L.F. 4' X 2' RCB [+] $ 555.45-
q. Bid Item No. 27, Delete 6.5 L.F. 3' X 2' RCB (-j $ 1.172.93
r. Bid Item No. 30, Delete 50.5 L.F. 24" RCP [-] $ 4.191.50
s_ Bid Item No. 37, Delete 8 L.F. Relocate 8' Force Main [-] $ 282.80
ARCENEHIIS .
GHTES
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CHANGE ORDER NO. 3
February 12, 2008
Job No. EDC-070, Contract No. 1
x
t. Bid Item No. 40, Delete Paving on Bridge Structure [-] $ 2.000.00
u. Bid Item No: 41, Delete 354 LB. Extra Reinforcing Steel (-]. $ 265.50
v. Bid Item No. 42, Delete 2 C.Y. Extra Class "A" Concrete [-] $ 300.00
w. Bid Item No. 43, Add 31 C.Y. Extra Cement Stab. Sand [+] $ 1.178.00
2. Add th e following to the Contract.
a. Add (2) Stop Signs with Post. [+] $ 1.150.00
b. Add Hydromulch at drainage ditch. [+] $ 2.750.00
o. Add correction for error in Change Order No. 2
' [+] $ .50
4
TOTAL-
($ .13,258.50]
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" - CHANGE ORDER NO. 3
February 72, 2009
ARCENEAVS Job No. EDC•070, Contract No. 7
-
&
GSTES
CON]VIRWO
CNOINSERf,INC.
-
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $2.509 381.78
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $2.528.929.75
The CONTRACT PRICE due to this CHANGE ORDER will be [ink]
[decreased)
by: $13.258.50 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be
$2.515.671:725
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 385 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 365 Calendar oavs
CURRENT DATE OF COMPLETION: May 15.2009
CONTRACT TIME due to this CHANGE.ORDER will be increased by 88 Oays
The New DATE OF COMPLETION: August 11.2009
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:
8 ~AIES
ENGINEERS, INC.
ACCEPTED BY:
& Constructors, LtQ.
PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
ACCEPTED BY:
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ARCENEAUX
GATES
ARCENEAUX & GATES
Consulting Engineers, Inc.
Engineers • Surveyors • Ploztners
February 17, 2009
Mr. Floyd Batiste, CEO
PORT ARTHUR P.D.C.
P.O. Box 3934
Port Arthur, Texas 77641
RE-- RECOMMENDATION for F/NAL PAYMENT and RELEASE of RETA/NAGS
JADE AVENUE EXTENSION - PHASE I(TO SERVE THE C(TY OF PORT ARTHUR -
Job No. EDG070
Dear Mr. Batiste:
Attached. for your records are the project completion documents for the Jade Avenue
Extension Project -Phase IL ~ These documents include the Engineer's Certificate of
Completion, Contractor's Certitcate of Guarantee and the Contractor's Certificate of
Release.
These documents were executed showing a balance due the Contractor from the Port Arthur
Economic Development Corp. 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 Port Arthur Economic
Development Corp. be released to the Contractor and final payment made. This will result in
a final payment to EXCAVATORS & CONSTRUCTORS, LTD. from the Port Arthur Economic
Development Corp. in the amount of ONE HUNDRED TWENTY NINE THOUSAND FOUR
HUNDRED EIGHTY EIGHT Dollars and FIFTY SIX Cents ($129,488.56). Should you have
any questions or require further information please do not hesitate to contact me at 409-724-
7888.
Sincerely, ~~
Joe ilson, Jr:, P.E.
Project Manager
Attachments: EngineeYa CertiOCate M Completion
Contreaors certificate of GUerentee
ContraaoYe CeAlhcale antl Release
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Oee'lfutle Creek Square 3501 llrttle Creek Ds, Sutte L02 Port Arthur, TX 77842 4091724-7888 FAX 4091724-1447
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EX~H
IBIT "C"
ENGINEER'S CERTIFICATE OF COMPLETION
Project: JADE AVENUE EXTENSION -PHASE II
Date Of Issuance: _ February 16, 2009
Owner(s): PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
Owner's Project No.: EDC-070,. Contract No. 1'
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC:
Contractor: EXCAVATORS & CONSTRUCTORS, LTD
This Engineer's Certificate of Completion applies to all Work under the Contract. Documents or to
the following specified paRS thereof
TO PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
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AND TO EXCAVATORS & CONSTRUCTORS, LTD
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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
Febn~arv 12..2009
GATE OF COMPLETfeN eseww~tal~
Executed by Engineer on Z - I (o .2009 ~e g.~P; EtF~9~,08
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A JOE M. WILSQN~JR.
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92067
BY: l09 aoo~aa om~ro
ARCENEA & TESEONSULTING INFERS, INC. [s~+Ll
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EXHIBIT "D". .
_. . ,
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: EXCAVATORS & CONSTRUCTORS, LTD
TO: PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
FOR: JADE AVENUE EXTENSION - PHASE II
CONTRACT NO. EDC-070, Contract No. 1 ENTERED INTO THE 19`h DAY OF
MARCH, 2008 BETWEEN THE PORT` ARTHUR ECONOMIC DEVELOPMENT CORP.
AND EXCAVATORS & CONSTRUCTORS. LTD
OF PORT ARTHUR. TEXAS
FOR: JADE AVENUE EXTENSION -PHASE II
KNOW AlL MEN BY THESE PRESENTS:
1. EXCAVATORS & CONSTRUCTORS. LTD.. 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 ,
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this Contract, as evidenced by the Engineer's Certificate of Complefion.
3. This Certificate is given in connection bf the. fmal payment under the contract between the Owner
and EXCAVATORS & CONSTRUCTORS, LTD and with the knowledge that it will be
relied upon.in making such payment and tliat such payment would not be made except upon the
truth of the matter contained in this affidavit..
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~jIN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ~ day
of~¢-~ll.~i , 20~.
[CORPORATESEAy
he is
EXCAVATORS & CONSTRUCTORS. LTD
BY:
(COntrsclo0
beirig fast duly swam an oath, deposes and says, first that
second, that he has read the•foregoing certificate by him subscribed as
of EXCAVATORS& CONSTRUCTORS.LTD
Affiant further states that the matters and things stated herein are true.
Subscribed and sworn to before me this ~!~ day of h,~A
20 (' ..
My wmmission expires O3~oZ°/ f ~D/
(l)ate)
a~ vy'~.
;iot.••..'y,`t ANABELLE D DRAKE
r~i:; NOTAfiY PUBLIC -
4;4+eofi~'' Comm. Exp. 0&29--2011
(Notary PU61k) - ~ '
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EXHIBIT :"E"
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: :EXCAVATORS & CONSTRUCTORS LTD.
(Name ofeonhaeb~ .
TO: ~ PORT ECONOMIC DEVELOPMENT CORPORATION
t
REFERENCE CONTRACT IVO. EDC-070, Contract No. I ENTERED INTO TIC 19s' ' DAY OF -
MARCH. 2008 ,BETWEEN THE PORT ECONOMIC DEVELOPMEN'T' CORPORATION - "
AND I:XC?:VATORS & CONSTRUCTOIS LTD.
- (Name ofGO~acto~ .
OF PORT ARTHUR TEXAS
(car) (sal
FOR THE JADE AVENUE EXTENSION - PHASE II
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KNOW ALL MEN BY THESE PRESENTS:
I. 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
No Dollars and 00!100 /$0 OOp
2. ~ The undersigned further certifies that in addition to the amount set forth in Paragraph I, 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 ~
(b) None
(c) None
(d) None
(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 1.2.3. ~ been performed ~
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 werein conforntity with the contract
provisions relafing 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 modifications or change thereof.
5. That in consideration of the payment of the amount stated in Parnaanh 1 hereof. the undersigned
IN S WHEREOF, the undersigned has signed and sealed this instrument this .~ day
of~~~ .20~.
IS~I EXCAVATORS & CONSTRUCTORS LTD.
. (Co/ntraGa~
° BY: ~.t-~ ~I ~~
Ne ot08•icer)
being first duty swum on oath,- deposes and says, first, that
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he is the ~ ~ of EXCAVATORS & CONSTRUCTORS LTD
tr~7 (Nacre of fompaay)
second, that he has read the foregoing certificate by him subscribed as ,~
!rte)
of EXCAVATORS& CONSTRUCTORS LTD
lr~ame m camper
Affiant further states that the matters and things stated herein are true.
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Subscribed and sworn to before me this ~_ day of _a
20~.
My commiecion expires ~/7/a~ /~d/ ~ ' .
(Date}
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~ ANABELLE D DR4KE
NOTARY PUBLIC (//^~~~//. 4t//~ / /
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: State of Texas ( ~~T'~ " - /
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