HomeMy WebLinkAboutPR 22334: CHANGE ORDER NO. 1 GULF COAST A CRH COMPANY OF BEAUMONT, TEXAS City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 7, 2022
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. 22334: Gulf Coast a CRH Company of Beaumont, Texas: 60th Street Rehabilitation
Project from Highway 69 to 9th Avenue; Change Order No. 1, Acceptance of Close Out
Documents and Release of Retainage; Project No.: STFEMI-GRE-STR.
Introduction:
The intent of this Agenda Item is to authorize the City Manager to accept Change Order No. 1 and the Close
Out Documents from Gulf Coast a CRH Company of Beaumont, Texas (Gulf Coast) and release Retainage
in the amount of$9,057.78 for the 60th Street Rehabilitation Project from Highway 69 to 9th Avenue.
Background:
Pursuant to Resolution No. 21-417, Gulf Coast a CRH Company of Beaumont, Texas was awarded the
project for the 60th Street Rehabilitation Project from Highway 69 to 9th Avenue. Change Order No. 1
is being submitted by Gulf Coast a CRH Company of Beaumont, Texas to reconcile quantities that
decreased the original contract amount of$183,494.79 by $2,339.24 to the new contract amount of
$181,155.55. Retainage for this project is$9,057.78.
The City of Port Arthur has also received Close Out Documents from Gulf Coast that includes the
Contractor's Certificate of Substantial Completion, the Contractor's Certificate and Release, the
Contractor's Warranty Letter, and the Contractor's Certificate of All Debts Paid.
Budget Impact:
Funds are available in the Federal Emergency Management Agency (FEMA) Street Projects Account
No. 147-07-015-8517-00-40-000. Project No. STFEM 1-GRE-STR.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 22334 with Gulf Coast a CRH
Company of Beaumont, Texas authorizing the City Manager to accept Change Order No. 1, the Close Out
documents and release retainage in the amount of$9,057.78.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR No. 22334
2/07/2022 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 1, DECREASING THE ORIGINAL CONTRACT
AMOUNT BY $2,339.24 TO THE NEW CONTRACT AMOUNT OF
$181,155.55 AND ACCEPTANCE OF THE CONTRACTOR'S CERTIFICATE
OF SUBSTANTIAL COMPLETION, CONTRACTOR'S CERTIFICATE AND
RELEASE, THE CONTRACTOR'S WARRANTY LETTER, AND THE
CONTRACTOR'S CERTIFICATE OF ALL DEBTS PAID FOR THE 60TH
STREET REHABILITATION PROJECT, AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF
THE CITY OF PORT ARTHUR, TEXAS; AND APPROVAL OF RELEASE OF
RETAINAGE TO GULF COAST A CRH COMPANY OF BEAUMONT, TEXAS
IN THE AMOUNT OF $9,057.78 FROM THE FEMA STREET PROJECTS
ACCOUNT NO. 147-07-015-8517-00-40-000. PROJECT STFEM1-GRE-
STR.
WHEREAS, pursuant to Resolution No. 21-417, the City of Port Arthur City Council
awarded a contract for the rehabilitation of 60th Street from Highway 69 to 9th Avenue to Gulf
Coast a CRH Company of Beaumont, Texas with a projected budgetary impact of $183,494.79
and a completion time of 150 calendar days; and,
WHEREAS, Change Order No. 1 submitted by Gulf Coast a CRH Company of
Beaumont, Texas decreased the original contract amount of $183,494.79 by $2,339.24 to the
new contract amount of $181,155.55, See Exhibit A; and,
WHEREAS, the City of Port Arthur has also received the Contractor's Certificate of
Substantial Completion dated November 17, 2021 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 and
Release (Exhibit C), the Contractor's Warranty Letter (Exhibit D), the Contractor's Certificate of
All Debts Paid (Exhibit E); and,
PR No. 22334
2/07/2022 mje
Page 2 of 4
WHEREAS, the retainage for the project is 5% of the work completed and billed, the
Release of Retainage has been submitted by Gulf Coast a CRH Company of Beaumont, Texas
for the amount of $9,057.78, see Exhibit F; and,
WHEREAS, Gulf Coast a CRH Company of Beaumont, 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. 1 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. 1 submitted by Gulf Coast a CRH Company of Beaumont, Texas to reconcile all bid items
on the project and will decrease the original contract amount by $2,339.24 to the new
contract amount of $181,155.55, (See Exhibit A); and,
THAT, the City Council hereby accepts the Contractor's Certificate of Substantial
Completion dated November 17, 2021 (Exhibit B); together with the Contractor's Certificate
and Release (Exhibit C), the Contractor's Warranty Letter (Exhibit D), the Contractor's
Certificate of All Debts Paid (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 60th Street Rehabilitation Project from Highway 69 to 9th Avenue; and,
PR No.22334
2/07/2022 mje
Page 3 of 4
THAT, the Release of Retainage be paid to Gulf Coast a CRH Company of Beaumont,
Texas in the amount of $9,057.78; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
2022 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.22334
2/07/2022 mje
Page 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
/2
Valecia Tizeno Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
_iv- _ )
Kandy Daniel
Interim Director of Finance
Flozelle Roberts, EIT, MEng, MBA
Director of Public Works
Clifton illiams, CPPB
Purchasing Manager
EXHIBIT A
CITY OF PORT ARTHUR
Public Works Engineering
DATE: NOVEMBER 23,2021
PROJECT: 60th STREET PAVEMENT REHABILITATION PROJECT
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: GULF COAST A CRII COMPANY
CHANGE ORDER NO.:01(FINAL CONTRACT AMOUNT)
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:
Item Item Original Original Final
Description Unit knit Price Final Quantity Quantity Amount
No. Code Amount
340 001 D-GR HMA(SQ)(TY-B)PG64-22 LEVEL UP(WASHOUTS) TON 297 $ 82.00 $ 24,354.00 176.00 $ 14,432.00
340 002 D-GR HMA(SQ)(TY-B)PG64-22(2")BASE TON 847 $ 80.00 $ 67,760.00 884.83 $ 70,786.40
340 003 D-GR HMA(SQ)(TY-C)PG64-22(2")SURFACE TON 847 $ 85.00 $ 71,995.00 904.59 $ 76,890.15
340 004 D-GR HMA(SQ)(TY-C)PG64-22(2")(DRIVEWAY) TON 15 $ 100.00 $ 1,500.00 15.00 $ 1,500.00
300 001 ASPH,OIL,&EMULSIONS(AC-10) GAL 769 $ 4.91 $ 3,775.79 700.00 $ 3,437.00
500 001 MOBILIZATION LS 1 $ 11,110.00 $ 11,110.00 1.00 $ 11,110.00
502 001 BARRICADES,SIGNS,AND TRAFFIC HANDLING MO 5 $ 600.00 $ 3,000.00 5.00 $ 3,000.00
FINAL CONTRACT
ORIGINAL CONTRACT AMOUNT
$ 183,494.79 AMOUNT $ 181,155.55
AMOUNT OF CHANGE ORDER No.1 DEDUCTED: $ (2,339.24)
ORIGINAL CONTRACT AMOUNT: $ 183,494.79
NET FROM PREVIOUS CHANGE ORDERS: $ -
TOTAL AMOUNT OF THIS CHANGE ORDER NO.1: $ (2,339.24)
PERCENT OF THIS CHANGE ORDER NO.1: -1.27%
TOTAL PERCENT CHANGE ORDERS NO.1: -1.27%
FINAL CONTRACT AMOUNT: $ 181,155.55
NO CALENDAR DAYS HAVE BEEN ADDED IN THE CONTRACT BY THIS FINAL CHANGE ORDER NO.1
(FINAL CONTRACT AMOUNT)
ACCEPTED BY: PREPARED BY:
Johnathan Murphy,Performance Manager NI.Jennifer Edwards,BAAS,MPA
Gulf Coast a CRH Company CIP Manager
APPROVED BY: APPROVED BY:
Flozelle Roberts,EIT,MEng,MBA Clifton Williams,CPPB,Purchasing Manager
Director of Public Works
Mounika Parakala,ARDURA,Sr.Project Manager John Cannatella,P.E.,City Engineer
EXHIBIT B
CERTIFICATE OF SUBSTANTIAL COMPLETION
Contract No.: 21-417
Project Name: 60th Street Rehabilitation
Contractor: Texas Materials Group Inc.,dba Gulf Coast
Description of Work: Rehabilitation of roadway between US HWY 69/96/287 to 9th Ave.
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 17,2021.
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,
Jokna'f' /ti 111"1 g-e iztVez_
T (45 14 f�4�s �S__ l i InC CONTRACTOR NAME NATURE DATE
RECOMMENDED FOR ACCEPTANCE
ENGINEER NAME SIGNATURE DATE
The City of Port Arthur accepts the work as Substantially Complete.
City of Port Arthur,Department of Public Works.
tit) t^Vk P.§kNr
PROJECT MANAGER 1 SIGNA URE DATE
/19/2 2,
CITY ENGINEER ATU , DATE
&"/d/7Z1 -
PUBLIC WORKS DIRECTOR RE DATE
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: GULF COAST A CRH COMPANY
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. STFEM1-GRE-STR
CONTRACT ENTERED INTO THE DAY OF , BETWEEN
THE CITY OF PORT ARTHUR AND GULF COAST A CRH COMPANY
OF BEAUMONT, TEXAS
FOR THE 60TH STREET REHABILITATION 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
$ 181,155.55
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
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 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 changer 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 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 anu 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 as the Owner and Operator may request.
7'4
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
day of / ,2022.
SEAL GULF COAST A CRH COMPANY
(Contractor)
BY:
(Signature and Title of Officer
56arr g "14/./420 ,being first duly sworn on oath,deposes and says. first.
(Affiant)
That he is the _ /7 'i �c��tTQay of Gulf Coast a CRH Company
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as
of Gulf Coast a CRH Company of Beaumont,Texas
(Name of Company)
Affiant further states that the matters and things stated herein are e.
(Att i:u
Subscribed and sworn to before me this day of , 2022
My commission expires qj Mac
tea" ¢ PAUI.A HAR
i Notary ID 1179RIS575
s, F• My Commission Expires
°412 May 9,2025 (Notary)
EXHIBIT D
GULF Oldcastle Materials Texas, Inc.
P.O. Box 20779
Beaumont,TX 77720
COAST Phone: (409) 866-1444
A CRH COMPANY
February 7, 2022
Contract No: 21-417
Project: 60th Street Rehabilitation
Subject: Warranty Letter
Texas Materials Group, Inc., dba Gulf Coast a CRH Company hereby warrants to the City of Port Arthur
that the goods furnished under the Contract were of good quality, that the work is free from defects and
conforms to the specifications, drawings, and descriptions on the Contract documents or documented
mutually agreed upon changes. Our warranty excludes remedy for damage or defect caused by
operation or normal wear and tear under normal usage.
Warranty expires February 15, 2023, or one year from the date the Port Arthur City Council approves
payment on the completed work and accepts the project.
Sincerely,
U�
Johnathan Murphy
Operations Manager
Gulf Coast
A CRH Company
P.O. Box 20779
Beaumont, Texas 77720
0: (409) 866-1444
C: (409) 284-4124
F: (409)866-1032
E:johnathan.murphy angc-texas.com
www.gc-texas.com
www.gc-texas.com
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF ALL DEBTS PAID
PROJECT: 60111 Street Rehabilitation Project
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State if Texas
County of Jefferson County
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.
Exceptions:
Contractor: Gulf Coast RH Comp y of Beaumont,Texas
Signature: •
Printed Name: 5i,rr 6LA•N'i1.4 P
Date: t&gimet 7, 2U2z
Subst -ibed and sworn to before me this 74 day o , 2022
Tilad-41 My commission expires61d6576--
PAUTA HARRIS
Notary ID#1179575 (Notary)
My Commission Expires
d<<f May 9, 2025
EXHIBIT F
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www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: February 7, 2022
Project: 60th Street Rehabilitation Project from Highway 69 to 9th Avenue
Project SFEM1-GRE-STR
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on November 17, 2021 and that the work
was under periodic inspection during construction by Public Works Engineering and the City
Inspector. That to the best of my knowledge, the project was constructed substantially by Gulf Coast
a CRH Company of Beaumont, Texas, in accordance with the plans and specifications, and that record
documents were received and are on file in Public Works Engineering.
Submitte
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Direc I Public o 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
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CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
60th STREET REHABILITATION PROJECT FROM HIGHWAY 69 TO 9TH AVENUE
To: Gulf Coast a CRH Company of Beaumont, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
improvements along 60th Street from Highway 69 to 9th Avenue, on the basis of the
recommendation of the City of Port Arthur's Public Works' Engineering Department and receipt
of the Contractor's Certificate of Completion, Contractor's Affidavit of Payment of Debts and
Claims, Contractor's Certificate of Release, and the Contractor's Certificate of Warranty
executed by Gulf Coast a CRH Company of Beaumont, Texas.
Ron Burton Date
City Manager
Sherri Bellard Date
City Secretary