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HomeMy WebLinkAboutPR 22087: SUNKEN COURT roadway reconstruction project iligt tie City of -- ()it rtltu�� Texas. www.PortArthurTx.gov 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. 22087: Sunken Court Roadway Reconstruction Project from Twin City Highway to North Park Drive, Close Out and Release of Retainage; Project No.: ST1 P02. Introduction: The intent of this Agenda Item is to authorize the City Manager to accept the Close Out Documents and release Retainage in the amount of$104,694.92for the Sunken Court Roadway Reconstruction Project from Twin City Highway to North Park Drive. Background: Pursuant to Resolution No. 19-412,Excavation&Construction,LLC of Port Arthur,Texas was awarded the project for the Sunken Court Reconstruction Project from Twin City Highway to North Park Drive. Change Order No. 1 was approved by Council pursuant to Resolution 20-026 that increased the original contract amount of$2,268,343.13 by $41,225.48 to the new contract amount of$2,309,568.61 for the removal and replacement of an existing waterline. Change Order No. 2 was approved by Council pursuant to Resolution 20-146 for a waterline tie-in at Bernhardt Drive that increased the contract amount by $11,206.66 to the new contract amount of$2,320,775.27. Change Order No. 3, approved under Resolution 20-164, increased the original contract amount of $2,320,775.27 by $20,515.12 to the new contract amount of$2,341,290.39. Change Order No. 3 also extended the time of completion by adding 60 calendar days to the original completion date June 21, 2020 changing it to the new completion date of August 20, 2020. Change Order No. 4, approved under Resolution No. 20-440,added an additional 73 calendar days to the original contract time due to inclement weather(43 days)and COVID-19(30 days)amending the original contract completion date of August 20, 2020 to the new contract completion date of October 16, 2020. Additionally, Change Order No. 4 addressed 24 days of Contract Time Overage assessed at $500.00 per day for the amount of Liquidated Damages totaling $12,000.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 * 409.983.8182 X FAX 409.983.8294 Change Order#5 is being submitted by Excavation & Construction, LLC of Port Arthur, Texas to reflect a deduct in the amount of$352.00 amending the old contract amount of$2,341,290.39 to the new contract amount of $2,340,938.39. Retainage for this project is $117,046.92 less the Liquidated Damages of $12,000.00 and less an overpayment of $352.00 (Check #396053; dated 11/10/2021) making the final retainage amount due and payable of$104,694.92. 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 November 24,2020,the Contractor's Certificate and Release,the Contractor's Certificate of Warranty, and the Contractor's Certificate of Debts Paid. 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. ST1P02. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 22087 with Excavation & Construction, LLC of Port Arthur, Texas authorizing the City Manager to accept the Close Out documents and release retainage in the amount of$104,694.92. "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. 22087 11/29/2021 flue Page 1 of 5 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 5 DECREASING THE ORIGINAL CONTRACT AMOUNT BY $352.00 TO A NEW CONTRACT AMOUNT OF $2,340,938.39 AND ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, CONTRACTOR'S CERTIFICATE OF WARRANTY, CONTRACTOR'S AFFIDAVIT OF ALL DEBTS PAID TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND EXCAVATION &CONSTRUCTION, LLC OF PORT ARTHUR, TEXAS FOR THE SUNKEN COURT ROADWAY RECONSTRUCTION PROJECT FROM TWIN CITY HIGHWAY TO NORTH PARK DRIVE AND APPROVAL OF RELEASE OF RETAINAGE, LESS $12,000.00 FOR LIQUIDATED DAMAGES, AND LESS $352.00 OVERPAYMENT, FOR THE AMOUNT OF $104,694.92 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. 19-412, the City of Port Arthur City Council awarded a contract for the Sunken Court Reconstruction Project from Twin City Highway to North Park Drive to Excavation & Construction, LLC (Contractor) of Port Arthur, Texas with a projected budgetary impact of $2,268,343.13 and a term of 230 calendar days; and, WHEREAS, pursuant to Resolution No. 20-026, the City of Port Arthur City Council approved Change Order No. 1 submitted by Excavation &Construction, LLC of Port Arthur, Texas for the removal and replacement of an existing water line that increased the contract amount by $41,225.48 from the original contract amount of $2,268,343.13 to the new contract amount of $2,309,568.61; and, WHEREAS, pursuant to Resolution No. 20-146, the City of Port Arthur City Council approved Change Order No. 2 submitted by Excavation &Construction, LLC of Port Arthur, Texas for the waterline tie-in at Bernhardt Drive that increased the contract amount by $11,206.66 PR No.22087 1 1/29/2021 mje Page 2 of 5 from the original contract amount of $2,309,568.61 to the new contract amount of $2,320,775.27; and, WHEREAS, pursuant to Resolution No. 20-164, the City of Port Arthur City Council approved Change Order No. 3 submitted by Excavation &Construction, LLC of Port Arthur, Texas that increased the original contract amount of $2,320,775.27 by $20,515.12 to the new contract amount of $2,341,290.39 and added 60 calendar days changing it to the new contract completion date of August 20, 2020; and, WHEREAS, pursuant to Resolution No. 20-440, the City of Port Arthur City Council approved Change Order No. 4 submitted by Excavation &Construction, LLC of Port Arthur, Texas that addressed inclement weather (43 days) and the effects of COVID-19 on personnel availability (30 days) that added 73 calendar days to the original contract completion date of August 20, 2020 to the new contract completion date of November 1, 2020 resulting in contract time overage and liquidated damages in the amount of $12,000.00; and, WHEREAS, the City has received Change Order No. 5, Exhibit A, submitted to reconcile all bid items on the project and will decrease the original contract amount by $352.00 to the new contract amount of $2,340,938.39 along with the Engineer's Certificate of Substantial Completion dated November 24, 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 C), the Contractor's Certificate of Warranty (Exhibit D), the Contractor's Certificate of Debts Paid (Exhibit E); and, PR No. 22087 1 1/29/2021 mje Page 3 of 5 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 $117,046.92, see Exhibit F; and, WHEREAS, Liquidated Damages, approved by Council under Resolution No. 20-440, in the amount of $12,000.00 along with an overpayment of $352.00 (Check #396053; dated November 11, 2021) will be deducted from the retainage amount making the final amount of retainage due and payable of $104,694.92; 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. 5 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. 5 submitted by Excavation & Construction, LLC of Port Arthur, Texas to reconcile all bid items on the project and will decrease the original contract amount by $352.00 to the new contract amount of $2,340,938.39, Exhibit A; and, THAT, the City Council hereby accepts the Engineer's Certificate of Substantial Completion dated November 24, 2020 (Exhibit B); together with the Contractor's Certificate of Release (Exhibit C), the Contractor's Certificate of Warranty (Exhibit D), the Contractor's Certificate of Debts Paid (Exhibit E); and, PR No. 22087 11/29/2021 mje Page 4 of 5 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 Sunken Court Roadway Reconstruction Project from Twin City Highway to North Park Drive; and, THAT, the Release of Retainage be paid to Excavation &Construction, LLC of Port Arthur, Texas in the amount of $104,694.92; 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" Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No.22087 11/22/2021 mje Page 5 of 5 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: 146( Valecia Tizeno Ron Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy DanielY Interim Director of Finance Flozelle Roberts, EIT, MEng, MBA Director of Public Works I .1 ( /(k GAA Clifton Williams, CPPB Purchasing Manager EXHIBIT A CITY OF PORT ARTHUR DATE: June 30,2021 PROJECT: SUNKEN COURT ROADWAY RECONSTRUCTION OWNER: CITY OF PORT ARTHUR CONTRACTOR: EXCAVATORS AND CONSTRUCTORS,LLC. CHANGE ORDER NO.: OS THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Add/Delete Construction Items and/or quantities to the Contract: Rem New Item Original New Unit No. Item Code Description Unit Dirt. Amount Quantity Quantity Price PAVING AND DRAINAGE DEDUCTION 14 644.001 Small Roadside Assemblies EA 43 30.0 113.0) S546.25 (57,101.25) 15 666.002 Rellecturiaed Pavement Markings LF 4,621 4,600 (21.0) S1.44 ($30.24) ' 16 678.002 Pavement Surface Preparation LF 4,620 4,600 (20.0) SOSB (S17,60) 32 465.003 Standard Type"C"Catch Basin(with two extensions) EA 2 0 12.0) 58,050.00 (SI6,I00.00) 35 5265.002 Furnish and Install 24"HOPP LF 421 391 (30.0) S80.02 IS2,400.60) TOTAL AMOUNT DEDUCTED (S25,643.69) ADDITION 11 666.001 Crosswalk Striping LF 563 1,136 573,0 59.20 S5,271.60 30 465.001 Standard Type"C"Catch Basin EA 2 4 2,0 54,025,00 S8,050.00 33 465,001 Junction Box constructed of reinforcnl concrete FA 3 4 I.0 S5,750.00 S5,750.00 TOTAL AMOUNT ADDED S19,071.60 UTILITIES + DEDUCTION 10 809.001 Testing and Sterilisation of Water llnes IF 2,030 1,990 (60.0) SLIS 1569.00) 25 811.002 Furnish and Install 4"Gate Valve EA 2 0 (10) S618.59 (51,237.18) 34 5165.001 Furnish and Insult 18"ROPP LF 757 687 170.0) S64.26 154,498.20) TOTAL AMOUNT DEDUCTED • (S5,80438) ADDITION 17 810.001 Remove and Replace misting 2"Waterline LF . 20 20.0 $1631 $326,20 18 810.002 Remove and Replace Existing 6"Waterline LF 1,860 1913 53.0 S39.49 S2,091.97 23 810.004 Connect to Existing Waterline _ EA 8 9 1.0 S4.128.78 S.128.78 26 811.003 Furnish and install 6"Gate Valle EA 8 9 1.0 S769.66 S769.66 48 811.008 Furnish and Install 6"45 Degree Band EA 2 4 2.0 S951.59 $1,903.18 50 Sl I.010 Furnish and Install 6":2"Reducer EA - 2 2.0 SN9A3 $1,698.84 31 811.011 Furnish and Install 2"C.oupiing EA 2 IV 5552.42 S1,104.84 TOTA1.AMOUNT ADDED 512,024.47 TOTAI.AMOUNT DEDUCTED FROM CONTRACT (S31,448.07) TOTAL AMOUNT ADDED TO CONTRACT S31,096.07 CHANGE ORDER TOTAL AMOUNT ,a3:;.,10) ORIGINAL CONTRACT AMOUNT: S1,268,343.13 NET FROM PREVIOUS CHANGE ORDERS:1.2,3,4 S72,947,26 TOTAL AMOUNT OF THIS CHANGE ORDER: S352,00 PERCENT OF THIS CHANGE ORDER: -0.0155% TOTAL PERCENT CHANGE ORDER TO DATE: 3.20% NEW CONTRACT AMOUNT: S2,340,938.39 NO CALENDAR DAYS HAVE BEEN ADDED IN THE CONTRACT BY THIS CHANGE ORDER Troy U'"�" "M clo-�..r ACCEPTED BY: RED BY: - .r-o4".w Whitehead o,.:,,.e,0.,,,>nm;, EXCAVATORS AND CO UCTORS,LLC. SCHAUMBURG&POLK,INC. APPROVED BY: PUBLIC WORKS Flozelle C.Roberts, E.I.T,M.Eng.,M.B.A,Public Work Director ATTESTED BY: RON BURTON CLIFTON WILLIAMS.CPBB EXHIBIT B CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.: 217678 Project Name: Sunken Court Roadway Reconstruction Project Contractor: Excavation and Construction,LLC Description of Work: Reconstruction of roadway between North Park Drive and Twin City Hwy/Hwy 347. The work performed under this contract has been reviewed and found to be substantially complete. The date of substantial completion is hereby established as November 24,2020. KNOW ALL MEN BY THESE PRESENTS: 1.) The stage of construction where,in the opinion of the City of Port Arthur,all items of the work necessary to enable the assets to be utilized without restrictions for the purpose for which the asset was constructed have been completed;and 2.) All pay items are complete and all necessary testing as required by the Laws and regulations and/or Contract Documents have been completed. Punch List A list of items to be completed or corrected,prepared by the CONTRACTOR and verified and amended by the ENGINEER,is attached hereto.The failure to include any items on such list does not alter the responsibility of the CONTRACTOR to complete all work in accordance with the contract documents.The CONTRACTOR shall complete or correct the work on the list of items attached hereto within 60 days from the above date of substantial completion.The responsibilities shall be as set out in the Contract Documents or on the attached hereto. If not specified in an attachment or in the Contract Documents the CONTRACTOR is responsible for maintenance, utilities and ,(insuranc/e.,� ( C� / i "�icc,.dot t f t/ �� . lJ'.S J`►�4 1y t ��I� _ l '/ �� 1 CONTRACTOR NAME SIGNATURE DATE RECOMMENDED FOR ACCEPTANCE i7--7 TtL 7-4' 1?"-GAL, -LW -z7- 2/ ENGINEER NAME GNA'f'URE DATE The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur,Department of Public Works. PROJECT MANAGER SIGNATURE DATE CITY ENGINEER SIGNATURE DATE PUBLIC WORKS DIRECTOR SIGNATURE DATE EXHIBIT C CONTRACTOR'S CERTIFICATE AND RELEASE FROM.: E/K u' f Cpn f v G ! n� �LC (Name of Contractor) TO: (Owner) REFERENCE CONTRACT NO.: 19-239 CONTRACT ENTERED INTO THE DAY OF , BETWEEN THE CITY OF PORT ARTHUR AND OF FOR THE SUNKEN COURT ROADWAY RECONSTRUCTION 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 modification the balance of$117,046.92. 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 1-5 , has been Performed in accordance with the terms thereof, and that there are no unpaid claims for material,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 changes 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 he 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 an 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 of modification thereof, and will execute such further releases or assurances of the Owner and Operator may request. 4 IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 1 day of pr ,2021. (SEAL) FXCC VLI$'.koin `. CorY/ rVGItor)LLc- (Contractor) BY: .' (Signature and Title of 0 Icer) , being first duly sworn on oath,deposes and says,first,that he is the yaw t vct Ai 0 fr74 n r k^ of Con cif c,c/ inn ,second,that he has read the foregoing certificate by him rtle) (Name of Company) ff subscribed as /41 G n(t of X[ a . ,, r,U n `. Co (vc j re . (Name of Company) Affiant further states that the matters and things stated herein are true. 4-eAfa nt) Subscribed and sworn to before me this day of'p 2021. My commission expires 1- `^- U(2c/t/ U9a,11611L--- (Notary) i5S EXHIBIT D CONTRACTOR'S CERTIFICATE OF WARRANTY �! FROM: E�Ca ✓C4 �r(�n e-o '1STl vL- ;ron (Name of Contractor) TO: (Owner) REFERENCE CONTRACT NO.: 19-239 CONTRACT ENTERED INTO THE DAY OF_ , BETWEEN THE City of Port Arthur,Texas AND K c 4 r c, ]f •D r . C O n5f l vc J<,(0►/7 OF FOR THE SUNKEN COURT ROADWAY RECONSTRUCTION PROJECT KNOW ALL MEN BY THESE PRESENTS: _r 1) Ei C u v ci 3b 1 e on5)-�� %C n,does hereby guarantee all of the work done under the above (Contractor) 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 male 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 Contractor's Certificate of Completion. 3) This Certificate is given in connection Qf the final payment under the contract between the Owner and r'c et v cl lf'tr , • et,„1 2tf(-7-4.rT n,and with the knowledge that it will be relied upon in making such payment ant that such payment would not be made except upon the truth of the matter contained in this affidavit. 5"r IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this day of YJt1 ,2021. SEAL FXrG{.VC: 7�{On s l9rao"c-1-0') (Contractor) BY: Atr,// (Signature and Title o,Officer) 44tiAd his being first duly sworn on oath,deposes and says,first, (Afrwnt) r That he is the /i Qn 4 9 G f of j c et act )1,G' I- Cow/c'vc-1 F-rtecond,that he has read the (Title) (Name of Company) ,,��// foregoing certificate by him subscribed as /('i c n CGS t.C of Fx Ca✓�r i p.t r Disk.,r X,ru'r (Name of Company) Affiant further states that the matters and things stated herein are true. ,gj-et( /(-$77: (Afftant) Subscribed and sworn to before me this )6 day of 2021. My commission expires C'_ . U/1211 & "I (Notary) 5 its3 EXHIBIT E CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: Sunken Court Roadway Reconstruction Project LOCATION: Port Arthur,Texas OWNER: City of Port Arthur 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 material 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's property might in any way be held responsible or encumbered. 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EXHIBIT G u City of or1 rfhu� www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: November 22, 2021 Project: Sunken Court Roadway Reconstruction Project—Close Out Project No.: ST1 P02 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. Subm:. : fir/ 60/ lozel 'ob- IT, - ng, MBA Dire, o' of P. • c Works "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... SUNKEN COURT ROADWAY RECONSTRUCTION PROJECT FROM TWIN CITY HIGHWAY TO NORTH PARK DRIVE 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 Sunken Court Roadway Reconstruction Project from Twin City Highway to North Park Drive,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