HomeMy WebLinkAboutPR 22435: FOREST DRIVE ROADWAY CONSTRUCTION PROJECT CLOSE OUT, CHANGE ORDER NO. 2, AND RELEASE OF RETAINAGE City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: March 23, 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.22435:Forest Drive Roadway Construction Project from Evergreen Drive to Woodrow
Drive,Close Out,Change Order No.2,and Release of Retainage;Project No.ST1P17-CON.
Introduction:
The intent of this agenda item is to authorize the City Manager to accept the Close Out Documents, Change
Order No. 2 and release retainage in the amount of$37,637.76 for the Forest Drive Roadway Construction
Project from Evergreen Drive to Woodrow Drive.
Background:
Pursuant to Resolution No.20-147,Excavation&Construction,LLC of Port Arthur,Texas was awarded the
project for the Forest Drive Roadway Project from Evergreen Drive to Woodrow Drive. The awarded project
had a budgetary impact of$969,259.28 for a contract period of 180 calendar days. Change Order No. 1 was
approved by Council pursuant to Resolution 21-407 for the removal of pavement items, resulting in a
deduction of$2,142.36. Change Order No. 1 also deducted liquidated damages in the amount of$29,500.00.
Change Order No. 1 decreased the original contract amount of$969,259.28 by $2,142.36 and $29,500.00,
respectively,resulting in the new contract amount of$937,616.92.
Change Order No. 1 also added an additional 168 calendar days changing the original contract completion
date from January 19,2021 to the new contract completion date of July 6,2021.
Change Order No.2 is being submitted by Excavation& Construction,LLC of Port Arthur,Texas to reflect
a deduct in the amount of$184,861.72 revising contract quantities to reflect as-built quantities amending the
original contract amount of$937,616.92 to the new contract amount of$752,755.20.
The City of Port Arthur has also received Close Out Documents from Excavation& Construction,LLC
of Port Arthur,Texas that includes the Certificate of Substantial Completion establishing completion as
"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. 22435
3/21/2022 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 2 DECREASING THE ORIGINAL CONTRACT
AMOUNT BY $184,861.72 TO THE NEW CONTRACT AMOUNT OF
$752,755.20 AND ACCEPTANCE OF THE CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE,
CONTRACTOR'S CERTIFICATE OF WARRANTY, CONTRACTOR'S
CERTIFICATE OF DEBTS PAID TO THE CONTRACT BETWEEN THE
CITY OF PORT ARTHUR AND EXCAVATION & CONSTRUCTION, LLC
OF PORT ARTHUR, TEXAS, FOR THE FOREST DRIVE ROADWAY
CONSTRUCTION PROJECT FROM EVERGREEN DRIVE TO WOODROW
DRIVE AND APPROVAL OF RELEASE OF RETAINAGE FOR THE
AMOUNT OF $37,637.76 FROM THE CAPITAL IMPROVEMENTS
STREET MAINTENANCE AND REPAIR ACCOUNT NO. 307-21-053-
8517-00-10-000. PROJECT NO. ST1P17-CON.
WHEREAS, pursuant to Resolution No. 20-147, the City of Port Arthur City Council
awarded a contract for the Forest Drive Roadway Construction Project from Evergreen Drive to
Woodrow Drive to Excavation & Construction, LLC of Port Arthur, Texas, with a projected
budgetary impact of $969,259.28 and a term of 180 calendar days; and,
WHEREAS, pursuant to Resolution No. 21-407, the City of Port Arthur City Council
approved Change Order No. 1 submitted by Excavation & Construction, LLC of Port Arthur,
Texas, for the removal of pavement items that decreased the contract amount by $2,142.36
and also deducted liquidated damages in the amount of $29,500.00 from the original contract
amount of $969,259.28 to the new contract amount of $937,616.92; and,
WHEREAS, Change Order No. 2 is being submitted by Excavation & Construction, LLC
of Port Arthur, Texas, to revise contract quantities to reflect as-built quantities resulting in a
deduction of $184,861.72 amending the original contract amount of $937,616.92 to the new
contract amount of $752,755.20, see Exhibit A; and,
PR No.22435
3/2112022 mje
Page 2 of 4
WHEREAS, Excavation & Construction, LLC of Port Arthur, Texas, has submitted the
Certificate of Substantial Completion dated July 6, 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 Certificate of Warranty (Exhibit D), the
Contractor's Certificate of Debts Paid (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, for $37,637.76, see Exhibit F; 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. 2 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.
2 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 $184,861.72 to the new contract
amount of $752,755.20, Exhibit A; and,
THAT, the City Council hereby accepts the Certificate of Substantial Completion dated
July 6, 2021 (Exhibit B); together with the Contractor's Certificate and Release (Exhibit C), the
PR No. 22435
3/21/2022 mje
Pale 3 of 4
Contractor's Certificate of Warranty (Exhibit D), the Contractor's Certificate of 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
Forest Drive Roadway Construction Project from Evergreen Drive to Woodrow Drive; and,
THAT, the Release of Retainage be paid to Excavation & Construction, LLC of Port Arthur,
Texas, in the amount of $37,637.76; 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" Bartle
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
PR No.22435
3/21/2022 mje
Page 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
We4L4 % 1
Valecia R. izeno, Esq. Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy K. Daniel
Interim Director of Finance
Flozelle C. Roberts, EIT, MEng, MBA
Director of Public Works
`F ' `^" 44(1,
Clifton Wil iams, CPPB
Purchasing Manager
EXHIBIT A
CITY OF PORT ARTHUR
DAYS: D7J022022
PROJECT: FOREST DRIVE ROADWAY RECONSTRUCTION
OWNER: CITY OF PORT ARTHUR-JOB NO.19-232
CONTRACTOR: EXCAVATORS AND CONSTRUCTORS,LLC.
CHANGE ORDER NO.: FINAL
off-, 'A
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
REASON FOR CHANCE:REVISE CONTRACT QUANTITIES TO RECONCI I.F WITH AS-BUILT QUANTITIES
Item New Item UWI
Description Unit Orlglmi New Una Amount
Na. Item Cade Quantity Quantity
Price
---
DRDUCTIDN
4 247.001 V'MOOD Pavcmrni Btu SY 597 357 (240) 525.90 (55,496.00)
I 340.001 2^ELMuCTY-D 'I'N 34 63 34 5335.00 313,090.00
9 529.001 Concede Curb And Goiter for AaphIBTruaskiou LF 360 401 41 527.30 31,12730
11 3)1,003 C0rb124mp I'm 7 EA 16 17 (1) 51,307-22 (51.302.22)
52 336.001 4"Ihkk Cancnet Driveway by 144 123 (21) 155.00 101,155.001
39 506.002 Fabrk SOI Peace LF 1,880 - (1,060) 57.70 (514,476.00)
43 10001001 81:pa1.un,:i l Cate LS1 - (I) 5175,009.00 ($175,000.00)
44 114.001 Certified Aehortat L9 1 - (1) 11,66000 (61,630.00)
TOTALAIr9OVNT DEDUCTED ($131,441.71)
ADDITION _— --....
TOTAL AMOUNTADDID 30.06
TOTAI,AMOUNT DI:OUCTED FROM CONTRACT (5184,861.72)
TOTAL AMOUNT ADDED TO CONTRACT t SO.00
CHANGE ORDER TOTAL AMOUNT -311t4,861.72
ORIGINAL CONTRACTAMOUTIT: 5 969,259.28
NET FROM PREVIOUS CHANGE ORDERS: 5 (31,642.36)
TOTAL AMOUNT OF THISCHANGE ORDER: S (184X451.72)
PERCENT OF THIS CHANGE ORDER: •19.07%
TOTAL PERCENT CHANGE ORDER TO DATE: 42.34!a
NEW CONTRACT AMOUNTS 752,755.10
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ACCEPTED BY: / _,li / PREPARED DY: r,
1,'(�yCC`� Ate/
EXCAVA :•1 AND CONSTRUCTORS,LLC. SCHA () &PO IN
AO
.1
APPROVED BY: liir - ic/ Jr( `/
oaf
J . CANNAIELLA,P.E. 'r7-n: ..BERT'S,ETq,, •.is A
f./-FITY ENGINEER DIRECTOR I F'UDLIC' I'
ATTESTED BY:
RON BURTON CLIFTON WILLIAMS,CPBB
CITY MANAGER PURCHASING MANAGER
EXHIBIT B
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: 221088
Project Name: Forest Drive Roadway Reconstruction Project
Contractor: Excavation and Construction,LLC
Description of Work: Reconstruction of roadway between Evergreen Drive and Woodrow/Highland. Including
intersections.
The work performed under this contract has been reviewed and found to be substantially complete.
The date of substantial completion is hereby established as July 6,2021.
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,
utilities and insurance.
F1(Ca m i t Cn Co�S f4'4-,L-r 10r) (;)` e,
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR ACCEPTANCE
_/1%JAS /P&L/ il9 Gr.� 2/23/2�
ENC NEER NAME SIGNATURE 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 SIGNA y� ,' DATE
PUBLIC WORKS DIRECTOR AT DATE
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM.: -)(cc-{ V Cr--f rr c, n . e-rD r1 J f lr`J C_f t
(Name of Contractor)
t_
TO: r •p/ L'> �(')� 4 A-, 71.A v r
(Owner)
REFERENCE CONTRACT NO.: 19-232
p
CONTRACT ENTERED INTO THE ! DAY OF �L�'e Zc'Z_ ,BETWEEN
THE CITY OF PORT ARTHUR AND FxCavn--;Qn • CB ✓G7r�nLh.G
OF that Pro c er s! Porgy Ari-hit(' PXa.s
FOR THE FOREST SAGE 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$37,637.76.
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 nore,so state)
3) The undersigned further certifies that all work required under this contract,including work required under
Change Order(s) numbered 1-2 , 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.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this day of
g
R '-;n2022.
(SEAL) aJCcoitai.t)n : cor,97,-r o en
onJL.LC-
(Contractor)
BY: tct!'v-4 : $,t
(Signature and Tttle oI
p iG)o I d
tie,r(.1(13119 0 ,being first duly sworn on oath,deposes and says,first,that he is the
(arrant)
/(C-4a V CC.019 n .
/t1)q0 cC f of c r�S/r✓r i t n ,second,that he has read the foregoing certificate by him
(Title (Name of Company)
I
subscribed as /110/1 G g e C of 7cd iJ G)1-.tin s epn$7L,r•)t_1%(;)n .
(Name of Company)
Affiant further states that the matters and things stated herein are true. 44
(Affiant)
61
i °I ,�`,ER H4,9844,
Subscribed and sworn to before me this day of ��1Oru�, 022. 1.
���1'�rv,�, ••.�T� jcy.�
My commission expirest P (f - ;
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF WARRANTY
(
FROM: EXC c r.•r-r/�l n 5 GLor,51( r j ion,
(Name of Contractor)
TO: -i - y c,,f
(Owner)
REFERENCE CONTRACT NO.: 19-232
CONTRACT ENTERED INTO THE DAY OF TLc t c Zp 2 D ,BETWEEN
THE City of Port Arthur,Texas AND E,'; vein 49 q
OF E:1,0) PrOcc r 7 /'ort A 01- i• r r 72/47
FOR THE FOREST DRIVE ROADWAY RECONSTRUCTION PROJECT
KNOW ALL MEN BY THESE PRESENTS:
(
1) .XCoi v,1.t)() s CDn-S1-rk/t. i 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 of the final payment under the contract between the Owner and
IYcn vat,on e0,- 5 ', )!on ,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.
IN WITNESS WHEREOF,the undersigned has signed and sealed this Instrument this 9 'day of
�rbJ J4 riy',2022.
SEAL E..X!_'Ct ii0 f p/1. . Co 1-15r.4.10
(Contractor)
BY: Mf is a //�vt
(signature and Title o'Officer)
Accor) //Q is ens i-On being first duly sworn on oath,deposes and says,first,
(AffonO
That he is the,MQncr Qr 4^ of ENC-0 ye/1iOn 0 01157twr fpn ,second,that he has read the
(Tl ) IName of Company) ��
foregoing certificate by him subscribed as f!l ct n a f r r of EA rn✓ti)�p n 4. CpnS�t^r fc7•i;Jn
(Name of Company)
Affiant further states that the matters and things stated herein are true.
of r'
a .,_ge, 9
,I6 PLKER NAR8/4, _
(•ffianft '�41 • '
rel qh.'. v 1 .• fih�,., L•:7 : � I
Subscribed and sworn to before me this day of 1,2022. i t '�•f.v'?r ^'
My commission expires& ""' - �y� eIIG. ,�'
F • ,. . \-� ,0
,�. ...0►
/ (Notary) r —r
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: Forest Drive 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.
Exceptions:
Contractor: -
.cc tr? , J C ".� :,i••,..... Texas
Signature: '� c •� pT
• •
Printed Name: I r d • c ' ' r j i11 Its ° N
iyta
Date: / I L •
a
,.�'AJBL1G 01�
�L� •
;1r
Subscribed and sworn to before me this 1 day of •`j, '�I••• ,2022
My Commission expires
6:24_,Ab uc2e
(Notary)
EXHIBIT F
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EXHIBIT G
City of
urt rthu�urr '�^
Texas
www.Po rtArth u rTx.gov
CERTIFICATE OF COMPLETION
Date: March 17,2022
Project: Forest Drive Roadway Construction Project—Close Out
Project No.: ST1P17
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on July 6, 2021 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.
Submitted by:
hid 4 .
Flozel . 'oberts /IT MEng, MBA
Director of Public 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...
FOREST DRIVE ROADWAY CONSTRUCTION PROJECT; PROJECT #ST1P17-CON
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 Forest
Drive Roadway Construction Project from Evergreen Drive to Woodrow Drive,on the basis of the
recommendation of the City of Port Arthur's Public Works' Engineering Department and receipt
of the 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