HomeMy WebLinkAboutPR 21983: 8TH AVENUE IMPROVEMENT PROJECT, CHANGE ORDER NO. 4 . -.--,:____,__ 0 _-=-&.
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INTEROFFICE MEMORANDUM
Date: November 29, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton; City Manager
From: Flozelle C. Roberts, EIT, Meng, MBA; Director of Public Works
RE: P.R. 21983: 8th Avenue Improvement Project from 32nd Street to Deadend, Change Order
No.4, Close Out and Release of Retainage; Project No.: STIP11.
Introduction:
The intent of this Agenda Item is to authorize the City Manager to accept Change Order No. 4 along with
the Close Out Documents and release Retainage in the amount of $49,804.03 for the 8th Avenue
Improvement Project from 32nd Street to the Deadend.
Background:
Pursuant to Resolution No. 19-129,Excavation&Construction,LLC of Port Arthur,Texas was awarded
the project for the 8th Avenue Project from 32nd Street to the Deadend.Change Order No. 1 was approved
by Council under Resolution No. 20-025 that increased the original contract amount of$881,393.50 by
$23,092.00 to the new contract amount of$904,485.50 for the modification of an existing junction box,
installation of concrete storm grates and the relocation of meters. Pursuant to Resolution No. 20-195,
Change Order No. 2 was approved by Council and increased the number of calendar days by 207 days
changing the completion date from February 6, 2020 to the new completion date of August 31, 2020.
Change Order No. 3, approved under Resolution No. 20-439, addressed paving and drainage issues for
the removal and replacement of a sanitary sewer service line, installation of junction box, removal and
installation of fifty feet of reinforced concrete pipe for the amount of$15,450.00. Change Order No. 3
amended the original contract amount of $904,485.50 by $15,450.00 to a new contract amount of
$919,935.50. Change Order No. 3 also amended the contract completion date due to contract time
overrun of 15 days to a new date of November 24, 2020. This resulted Liquidated Damages assessed
in the amount of$4,725.00. Additionally, Change Order No. 3 approved the addition of 19 calendar
days amending the contract completion date from November 24, 2020 to the new contract completion
date of December 12, 2020.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4h Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Change Order No. 4 is being submitted by Excavation & Construction, LLC of Port Arthur, Texas to
reconcile quantities that increase the original contract amount of$919,935.50 by $4,043.50 to the new
contract amount of$923,979.00. Retainage for this project is $54,529.03 less the Liquidated Damages of
$4,725.00 making the final retainage amount due of$49,804.03.
The City of Port Arthur has also received Close Out Documents from Excavation & Construction, LLC
of Port Arthur, Texas that includes the Engineer's Certificate of Substantial Completion establishing
completion as December 23,2020,the Contractor's Certificate and Release,the Contractor's Certificate
of Guarantee, and the Contractor's Affidavit of Payment of Debts and Claims.
Budget Impact:
Funds are available in the Capital Improvement Account for Street Maintenance and Repair, Account
No. 307-21-053-8517-00-10-000. Project No. ST1P11.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21983 with Excavation &
Construction, LLC of Port Arthur, Texas authorizing the City Manager to accept Change Order No. 4, the
Close Out documents and release retainage in the amount of$49,804.03.
"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
PR No. 21983
11/29/2021 mje
Page 1 of 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 4 INCREASING THE ORIGINAL CONTRACT
AMOUNT BY $4,043.50 TO A NEW CONTRACT AMOUNT OF
$923,979.00 AND ACCEPTANCE OF THE ENGINEER'S CERTIFICATE
OF SUBSTANTIAL COMPLETION, CONTRACTOR'S CERTIFICATE AND
RELEASE, CONTRACTOR'S CERTIFICATE OF GUARANTEE,
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO
THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
EXCAVATION &CONSTRUCTION, LLC OF PORT ARTHUR, TEXAS FOR
THE 8TH AVENUE IMPROVEMENT PROJECT FROM 32ND STREET TO
THE DEADEND AND APPROVAL OF RELEASE OF RETAINAGE IN THE
AMOUNT OF $49,804.03 FROM THE CAPITAL IMPROVEMENTS
STREET MAINTENANCE AND REPAIR ACCOUNT NO. 307-21-053-
8517-00-10-000. PROJECT NO. ST1P02.
WHEREAS, pursuant to Resolution No. 19-129, the City of Port Arthur City Council
awarded a contract for the 8th Avenue Improvement Project from 32nd Street to the Deadend to
Excavation & Construction, LLC of Port Arthur, Texas with a projected budgetary impact of
$881,393.50 and a term of 241 calendar days; and,
WHEREAS, pursuant to Resolution No. 20-025 Change Order No. 1 submitted by
Excavation & Construction, LLC of Port Arthur, Texas was approved by the City of Port Arthur
City Council for the modification of an existing junction box, installation of concrete storm grates
and the relocation of meters that increased the contract amount by $23,092.00 from the original
contract amount of $881,393.50 to the new contract amount of $904,485.50; and,
WHEREAS, pursuant to Resolution 20-195 Change Order No. 2 submitted by Excavation
& Construction, LLC of Port Arthur, Texas for the addition of 207 calendar days changing the
time of completion date from February 6, 2020 to August 31, 2020 with no budgetary impact
was approved by the City of Port Arthur City Council; and,
PR No. 21983
11/29/2021 mje
Page 2 of 5
WHEREAS, Change Order No. 3, approved under Resolution No. 20-439, submitted by
Excavation & Construction, LLC of Port Arthur, Texas to addressed paving and drainage issues
for the removal and replacement of a sanitary sewer service line, installation of a junction box,
removal and installation of fifty feet of reinforced concrete pipe for the amount of $15,450.00
amending the original contact amount of $904,485.50 by $15,450.00 to the new contract
amount of $919,935.50; and,
WHEREAS, also pursuant to Change Order No. 3, it amended the contract completion
date to November 24, 2020 addressing the 70 lost calendar days out of the 85 potential working
days, this 15 calendar day contract overrun garnered Liquidated Damages in the amount of
$4,725.00 at $315.00 per day; and,
WHEREAS, Change Order No. 3 also added 19 calendar days to the contract date of
November 24, 2020 amending it to the new contract completion date of December 12, 2020;
and,
WHEREAS, liquidated damages will be assessed in the amount of $4,725.00 for the 15
calendar day overrun at $315.00 per day; and,
WHEREAS, the City has received Change Order No. 4, Exhibit A, submitted to reconcile
all bid items on the project and will increase the original contract amount by $4,043.50 to the
new contract amount of $923,979.00 along with the Engineer's Certificate of Substantial
Completion dated December 23, 2020 and the work to which the Certificate applies has been
inspected, authorized, and declared to be complete in accordance with the contract documents
and made a part hereof as Exhibit B; together with the Contractor's Certificate of Release (Exhibit
PR No. 21983
11/29/2021 mje
Page 3 of 5
C), the Contractor's Certificate of Guarantee (Exhibit D), the Contractor's Affidavit of Payment
of Debts and Claims (Exhibit E); and,
WHEREAS, the retainage for the project is 5% of the work completed and billed, the
Release of Retainage has been submitted by Excavation & Construction, LLC of Port Arthur,
Texas $54,529.03, see Exhibit F; and,
WHEREAS, Liquidated Damages, approved by Council under Resolution No. 20-439, in
the amount of $4,725.00, will be deducted from the retainage amount making the final amount
of retainage due $49,804.03; and,
WHEREAS, Excavation & Construction, LLC of Port Arthur, Texas has completed the
contracted project to the satisfaction of the Public Works Director and the City Engineering staff,
see Exhibit G; and,
WHEREAS, approval of Change Order No. 4 along with the acceptance of the Close Out
Documents, and Release of Retainage is herein deemed an appropriate action; 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 Council hereby authorizes the City Manager to execute Change Order No.
4 submitted by Excavation & Construction, LLC of Port Arthur, Texas to reconcile all bid items
on the project and will increase the original contract amount by $4,043.50 to the new contract
amount of $923,979.00, Exhibit A; and,
THAT, the City Council hereby accepts the Engineer's Certificate of Substantial
Completion dated December 23, 2020 (Exhibit B); together with the Contractor's Certificate of
PR No. 21983
11/29/2021 mje
Page 4 of 5
Release (Exhibit C), the Contractor's Certificate of Guarantee (Exhibit D), the Contractor's
Affidavit of Payment of Debts and Claims (Exhibit E); and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to execute on
behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit H) for the completion of the
8th Avenue Improvement Project from 32nd Street to the Deadend; and,
THAT, the Release of Retainage be paid to Excavation & Construction, LLC of Port Arthur,
Texas in the amount of $49,804.03; and,
THAT, a copy of the caption of this Resolution No. be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2021 at
a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 21983
11/29/2021 mje
Page 5of5
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
alecia Tiz Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel
Interim Director of Finance
Flozelle Roberts, EIT, MEng, MBA
Director of Public Works
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CITY OF PORT ARTHUR
DATE: Mardi 8,2021
PROJECT: STIPI I-8th Avenue Improvement Project(32nd St.to South Dead End)
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: Excavation&Construction,LLC
CHANGE ORDER NO.: 04(FINAL)
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Add/Delete Construction Items and/or quantities to the Contract:
Item Item Original Final Unit
\o. Code Description Unit Amount
Quantity Quantity Price
ORIGINAL CONTRACT ITEMS
100 Preparing of Right of Way ST 13.31 13.31 S 500.00 S 6,655.00
104 Remove Concrete Driveways&Sidewalks SY 435 435 $ 30.00 $ 13,050.00
104 Remove concrete Culverts a Driveways&Sidewalks LF 902 902 $ 11.00 S 9,922.00
105 Remove Base&Asphalt Pavement SY 2620 2620 $ 6.00 5 15,720.00
110 Excavation CY 2224 2339 S 25.00 5 58,475.00
132 Embankment(Ty A)(Final)(Ord.Comp).Complete in Place CY 232 280 $ 40.00 5 11,200.00
154 Seeding for Erosion Control,Complete in Place SY 2800 2800 $ 2.00 5 5,600.00
260 Lime Treatment(Materials)(8%)(Dry Wt.) TN 120 120 $ 200.00 $ 24,000.00
260 Lime Treatment(Subgrade)(8"Thick) SY 4180 4180 $ 10.00 5 41,800.00
360 Concrete Pavement(CI P)(71,Complete in Place SY 3875 3875 5 52.00 $ 201,500.00
464 113"RCP(Reinforced Concrete Pipe),Complete in Place LF 700 732 $ 75.00 $ 54,900.00
464 24'RCP(Reinforced Concrete Pipe).Complete in Place LF 447 442 $ 89.00 $ 39,338.00
479 Adjusting Manholes and Inlets,Complete and in Place EA 2 2 $ 2,500.00 $ 5,000.00
500 Mobilization LS 1 1 $ 70,000.00 $ 70,000.00
502 Barricades,Signs,and Traffic Handlings LS 1 1 $ 11,000.00 S 11,000.00
506 Erosion Control Logs(Install)(Remove) EA 5 5 5 70.00 $ 350.00
506 Construction Exits(Install)(Remove) SY 156 156 $ 30.00 S 4,680.00
506 Storm Water Pollution Prevention Plan LS 1 1 5 5,000.00 S 5,000.00
530 Intersection(32nd Street),Complete in Place LS 1 1 $ 82,1100.00 $ 82,000.00
Intersection(Asphalt Transitions Each Side(8th Ave),(291h,301h,31st),Complete EA
530 in Place 6 6 $ 12,000.00 $ 72,000.00
530 Driveways(Concrete 41,Complete in Place SY 384 398 S 49.00 S 19,502.00
530 Driveways(Concrete 6'),Complete in Place SY 170.5 162 5 55.00 S 8,910.00
550 Chain Link Fence(4'High) LF 40 0 5 30.00 5 -
Street Signage,Complete in Place LS 1 1 $ 6,030.00 $ 6,000.00
600 6'C-900,Class 150 Water Line,Complete in Place LF 1580 1580 $ 45.00 5 71,100.00
6'Resilient Gate Valve,Complete in Place EA 16 16 $ 1,060.00 S 16,960.00
1"Long Side Water Service,Complete in Place EA 3 9 $ 1,000.00 $ 9,000.00
1"Short Side Water Service,Complete in Place EA 9 3 S 500.00 $ 1,500.00
780 Manholes-Remove&Replace E xtsting Sanitary Sewer Structures w/Fiberglass EA 2 2 $ 5,000.00 S 10,000.00
Manhole(Incl.Trench Protection,Cam.Stab.Sand Bka.)(Complete in Place)
808 Fire Hydrant Assembly,Complete in Place EA 3 3 5 5,000.00 $ 15,000.00
CHANGE ORDER ITEMS
496 C.O.1 Remove and Modify Existing Junction Box FA 1 1 $ 2,500.00 $ 2,500.00
465 C.0.1 Install Pm-Cast Concrete Storm Grate Top EA 2 2 $ 4,800.00 S 9,600.00
7020 C.O.1 Relocate Water Meters to the Property Line EA 12 12 5 916.00 $ 10,992.013
479 C.O.3 Install Manhole Box(San.Swr.Encasement,Conflict w/Stomp Pipe) EA 1 1 5 5,500.00 $ 5,500.00
C.0.3 Remove Existing San.Sewer Service Line&Install Lowered New Line EA 3 3 $ 2,000.00 $ 6,000.00
C.0.3 Install San.Sewer Service Line in New Location(2911 8th Ave.) EA 1 1 S 3,950.00 $ 3,950.00
Liquidated Damages FA 15 15 $ (315.00) $ (4,725 00)
FINAL CONTRACT AMOUNT $ 923,979.00
AMENDED CONTRACT AMOUNT(C.0.3) $ 919,935.50
AMOUNT ADDED $ 4,043.50
ORIGINAL CONTRACT AMOUNT: S881,393.50
NET FROM PREVIOUS CHANGE ORDERS(NO.1,2,&3; $919,935.50
TOTAL AMOUNT OF THIS CHANGE ORDER: S4,04330
PERCENT OF THIS CHANGE ORDER: 0.4E
TOTAL PERCENT CHANGE ORDER TO DATE: 4.83
FINAL CONTRACT AMOUNT: S923,979.00
NO CALENDAR DAYS HAVE BEEN ADDED IN THE CONTRACT BY THIS CHANGE ORDER
ACCEPTED BY: PREPARED BY:
EXCAVATION&CONSTRUCTION,LLC JEREMY MITCHELL,P.E.,RPLS
CONTRACTOR SOUTEX SURVEYORS&ENGINEERS
APPROVED BY:
RAFAEL MIRANDA
PROJECT MANAGER Flozelle C.Roberts,
E.I.T,M.Eng., M.B.A,Public Work Director
AT rt•:ST ED 91.
RON BURTON CLIFTON WILLIAMS,CPBB
CITY MANAGER PURCHASING MANAGER
EXHIBIT B
TBPE Firm No.F-5755
.� OUTE
TBPLS Firm No.10123800
LA EF.0005711
3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
CERTIFICATE OF SUBSTANTIAL COMPLETION
Owner: City of Port Arthur Owner's Contract No.: STIPI I
Contractor: Excavation&Construction. LLC Contractor's Project No.:
Engineer: Soutex Surveyors and Engineers Engineer's Project No.: 18-0520
Project: Improvements to 8`h Avenue Contract Name:
This[preliminary][final]Certificate of Substantial Completion applies to:
All Work ❑ The following specified portions of the Work.
1223/2020
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor,
and Engineer,and found to be substantially complete. The Date of Substantial Completion of the Work or portion
thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial
Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the
commencement of the contractual correction period and applicable warranties required by the Contract.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities,
insurance,and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract,except
as amended as follows:
Amendments to Owner's
responsibilities: ®None
❑As follows
Amendments to Contractor's
responsibilities: None
❑As follows:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents,nor is it
a release of Contractor's obligation to complete the Work in accordance with the Contract.
EXECUTE ENGINEER: RECEIVED: RECEIVED
B • �. By -- By: F'
tftorized signature) Owner(Authorized Signature) Contractor(Auth zed Signature)
Title: Title: Title: p
Date: r 2�z/zo Date: Date: 1/5/11
ENGINEER'S CERTIFICATE OF COMPLETION
Project: PAVING IMPROVEMENTS TO 8TH AVENUE
Date of Issuance: APRIL 21, 2021
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: ST1P11
Engineer: SOUTEX SURVEYORS&ENGINEERS
Contractor: EXCAVATION &CONSTRUCTION, LLC
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 EXCAVATION &CONSTRUCTION, LLC
(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
DECEMBER 23rd,2020 APRIL 2 1sT,2021
DATE OF SUBSTANTIAL COMPLETION DATE OF COMPLETION
Executed by Engineer on Ar'r"1 ZISF ,2021
(SEAL)
JE Y CHELL,P.E.,RPLS
S U EX IVEYORS&ENGINEERS
1!1
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: EXCAVATION&CONSTRUCTION, LLC
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. ST1P11 ENTERED INTO THE 6th
DAY OF JUNE 2019, BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATION&CONSTRUCTION, LLC
(NAME OF CONTRACTOR)
OF PORT ARTHUR,TEXAS
(CITY) (STATE)
FOR: PAVING IMPROVEMENTS TO 8TH AVENUE
(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
$42,585.50
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) None
(b) None
(c) None
(d) None
(ITEMIZE CLAIMS AND AMONTS 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 1-4,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 modifications or change thereof.
1
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,the undersigned has signed and sealed this instrument this day
of ,20 .
(SEAL)
EXCAVATION &CONSTRUCTION,LLC
(CONTRACTOR)
BY:
(ERIC G IEST,GENERAL MANAGER)
ERIC GILCHRIEST ,being first duly sworn on oath,deposes and says,first,that he is the
(ERIC GILCHRIEST)
General Manager of EXCAVATION&CONSTRUCTION LLC
(NAME Of COMPANY)
second,that she has read the foregoing certificate by her subscribed as GENERAL MANAGER
of EXCAVATION&CONSTRUCTION,LLC
(NAME Of COMPANY)
Affiant further states that the matters and things stated vein are true.
(ERIC GILCHRIEST)
71"
Subscribed and sworn to before me this s day of ra11+-y ,20 L.
My commission expires 1/ /a/ /Z 6 L /--
(DATE) __� j j
s.%4IIV'o HOWARD HANCHETT c---- i -
P v
'i�' B��Notary Public, State of Texas
—,. •....- Comm. Expires 11-21-2022 --
•
�''ft nt'. Notary ID 3151920 ( ARYPUBLIC)
2
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: EXCAVATION&CONSTRUCTION, LLC
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. ST1P11 ENTERED INTO THE 6th
DAY OF TUNE 2019, BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATION &CONSTRUCTION,LLC
(NAME OF CONTRACTOR)
OF PORT ARTHUR,TEXAS
(CRY) (STATE)
FOR: PAVING IMPROVEMENTS TO 8TH AVENUE
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. EXCAVATION & CONSTRUCTION, LLC 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 with the final payment under the contract
between the Owner and EXCAVATION & CONSTRUCTION, 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 contained in this affidavit.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
day of , 20_
(CORPORATE SEAL)
EXCAVATION &CONSTRUCTION,LLC
(CONTRACTOR)
BY:
(ERIC GI EST,GENERAL MANAGER)
ERIC GILCHRIEST ,being first duly sworn on oath,deposes and says,first,that he is the
(ERIC GILCHRIEST)
GENERAL MANAGER of EXCAVATION&CONSTRUCTION LLC
(NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as GENERAL MANAGER
of EXCAVATION &CONSTRUCTION,LLC
(NAME OF COMPANY)
Affiant further states that the matters and things state erein are true.
(ERIC GILCHRIEST)
Subscribed and sworn to before me this day of /1/7 147 20 ( .
My commission expires /t/zJ/ z'D 2-- __
(DATE)
A cky PV/G HOWARD HANCHETT
e i
Public, State of Texas
C
`V Comm. Expires 11-21-2022 " (NOTARYPURLIC)
Notary ID 3151920
2
EXHIBIT E
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
PROJECT: PAVING IMPROVEMENTS TO 8TH AVENUE
OWNER: CITY OF PORT ARTHUR
SOUTEX PROJECT NO.: 18-0520
STATE OF TEXAS, COUNTY 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:
Contractor: EXCA J ATION & CONSTRUCTION, LLC
Signature: /_
Printed Name: Er ` 6. kA-f1.` --
Date:
Sworn to and subscribed before me,a Notary Public
This Sr- 7 day of rile 202- J
otary Public
My commission expires: / �l �c)2 z—
•1"""'ii HOWARD HANCHETT
1'pY PUB
__:'' Notary Public, State of Texas
/^�.�= Comm. Expires 11-21-2022
4,°...... Notary ID 3151920
EXHIBIT F
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6601 Proctor Street Ext. _ Phone:409 722 6880
Port Arthur TX.77642 FAX:409-722-5480
IE i sSRI VAT■ O N
1= s:elm U C-I-I
Attn: Public Works Department
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Gentlemen:
We (Excavation and Construction LLc.) believe that we could be liable for 15 days of
liquidated damages, at $315 per day (per the contract) for a total of $4,725 on the 8th
Avenue project. We were out of the contract 85 days and lost 70 contract days awaiting
approval of Change Order 3. This difference is 15 days. With the approval of this letter and
Change Order 3 we will finish the project within 19 calendar days (December 12, 2020).
Sincerely,
Eric Gilchriest
General Manger
11/19/202.0
EXHIBIT G
/
11 rtII[!I"
P.CQS
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: November 22, 2021
Project: 8th Avenue Improvement Project from 32"d Street to the Deadend Project—Close Out
Project No.: ST1P11
To: All Concerned
Gentlemen:
I HEREBY CERTIFY THAT this project was completed on November 24, 2020 and 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.
Submitte• •
Wozellir
'•berts, EI ► ng, MBA
Direc e• •f Public - s
"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
EXHIBIT H
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
8TH AVENUE IMPROVEMENT PROJECT FROM 32ND STREET TO THE DEADEND
To: Excavation& Construction, LLC of Port Arthur, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the 8th
Avenue Improvement Project from 32nd Street to the Deadend,on the basis of the recommendation
of the City of Port Arthur's Public Works' Engineering Department and receipt of the Engineer's
Certificate of Completion, Contractor's Affidavit of All Debts Paid, Contractor's Certificate of
Release, Contractor's Certificate of Warranty executed by Excavation & Construction, LLC of
Port Arthur, Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary