HomeMy WebLinkAboutPR 22464: CHANGE ORDER NO. 2 TO THE CONTRACT WITH ELITE CONTRACTORS & EQUIPMENT LTD AND CERTIFICATE OF COMPLETION 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. 22464: Lakeshore Drive Phase 3 & 4 Roadway Reconstruction Project-Close Out,
Change Order No. 2, and Release of Retainage; Project No. ST1P44-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 $111,622.85 for the Lakeshore Drive Phase 3 & 4
Roadway Reconstruction Project.
Background:
Pursuant to Resolution No.20-148,Elite Contractors&Equipment,LTD of Kirbyville,Texas was awarded
the project for the Lakeshore Drive Phase 3&4 Roadway Reconstruction Project. The awarded project had
a budgetary impact of$2,599,396.00 for a contract period of 300 calendar days. Change Order No. 1 was
approved by Council pursuant to Resolution 21-250 for the addition of 68 calendar days changing the
original contract completion date from May 23,2021to the new contract completion date of July 30, 2021.
Change Order No. 2 is being submitted by Elite Contractors & Equipment, LTD of Kirbyville, Texas to
reflect a deduct in the amount of $366,938.96 revising contract quantities to reflect as-built quantities
amending the original contract amount of$2,599,396.00 to the new contract amount of$2,232,457.04.
The City of Port Arthur has also received Close Out Documents from Elite Contractors & Equipment,
LTD of Kirbyville,Texas that includes the Certificate of Substantial Completion establishing completion
as August 5, 2021, the Contractor's Certificate and Release, the Contractor's Certificate of Warranty,
and the Contractor's Certificate of Debts Paid.
Elite Contractors & Equipment, LTD of Kirbyville, Texas is also asking for release of retainage in the
amount of$111,622.85.
"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.22464
3/21/2022 mje
Page 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
.Gt�--yy Cad 6,
• alecia Tizeflo Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel lj
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: December 2,2021
PROJECT: LAKESHORE DRIVE PHASE 3 AND 4 ROADWAY RECONSTRUCTION
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: ELITE CONSTRUCTION AND EQUIPMENT
CHANGE ORDER NO.: 02 FINAL
THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS ARE HEREBY MADE:
Add/Delete Construction Items and/or quantities to the Contract and Revise Contract to reconcile final quantities:
Item New Original Unit
No. Item Item Code Description Unit Quantity New Quantity Price Amount
PAVING AND DRAINAGE
DEDUCTION
24 808.002 Fre Hydrant Assembly EA 5.00 4.00 55,050.00 55,050.00
29 401.001 Alton done Existing Storm Sewer LF 982.00 491.00 $25.00 512,275.00
33 465.004 3s3 Precast Boz EA 2.00 1.00 54,500.00 54,500.00
34 4640.001 18"HDPP Storm Sewer LF 274.00 223.00 550.00 51,550.00
42 506.001 Construction Entrance/Exit EA 1.00 0.00 5100.00 5100.00
43 506.002 Fabric Silt Fence LF 5850.00 213.00 53.50 519,729.50
44 506.003 Erosion Control Log EA 29.00 21.00 5250.00 52,000.00
46 402.001 Trench Excavation Protection LF 3832.00 2720.00 S2.00 52,224.00
47 531.004 Concrete Aprons EA 2.00 0.00 510,000.00 520,000.00
48 10000.001 Supplemental Costs LS 059234092 0.00 5500,000.00 5296,170.46
49 124.001 Certified Arborist LS 1.00 0.00 55,000.00 55,000.00
TOTAL AMOUNT DEDUCTED 5369,598.96
ADDITION
530.001 5"Thick Concrete Driveway SY 2400.00 2438.00 570.00 $2,660.00
TOTAL AMOUNT ADDED $2,660.00
UTILITIES
DEDUCTION
TOTAL AMOUNT DEDUCTED 50.00
ADDITION
TOTAL AMOUNT ADDED 50.00
CHANCE ORDER TOTAL AMOUNT DEDUCTED ($366,938.96)
ORIGINAL CONTRACT AMOUNT: 52,599,396.00
NET FROM PREVIOUS CHANGE ORDERS: $0.00
TOTAL AMOUNT OF THIS CHANCE ORDER: -$366,938.96
PERCENT OF THIS CHANGE ORDER: -14.12%
TOTAL PERCENT CHANGE ORDER TO DATE: -14.12%
NEW CONTRACT AMOUNT: $2,232,457.04
ACCEPTED BY: �e PREPARED BY:
frAtet
ELITE CONTRACTORS AN QUIPIIIENT age UMBURG&POLK,INC.
APF
i 1
APPROVED BY: .l 1/
411,11/:
_41 hallilymezali
JOAN CANNATELLA,P.E. F OZEL C.ROBERTS, a T,M.ENG, :A
CITY ENGINEER D '2 OR OF P iti C WORKS
ATTESTED BY:
RON BURTON CLIFTON WILLIAMS,CPBB
EXHIBIT B
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.:
Project Name: Lakeshore Drive Phase 3 and 4 Roadway Reconstruction Project
Contractor: Elite Contractors and Equipment
Description of Work: Reconstruction of roadway between Stadium Drive and Lakeside Drive. 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 August 5,2021.
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.
rPe Ar-1-0 4,A ///3/2-7
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR ACCEPTANCE
5dita-44A—Lit-
+POILiTn` y../�%� /2/ 3/21
ENGINEER NAMSIGN'TURE 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 SIGN,i,' - DATE
rt-AD?:V11-'‘'E104 tatiPir3 t k3kZ/WZ
PUBLIC WORKS DIRECTOR NA l'E DATE
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM.: Elite Contractors and Equipment LTD
N4meof fontractor)
TO: CH1 �F dr ' 7
! (Owner)
REFERENCE CONTRACT NO.: 19-230 and 19-231
r-�
CONTRACT ENTERED INTO THE 7 DAY OF �E'C C ^���� , BETWEEN
THE CITY OF PORT ARTHUR AND Elite Contractors and Equipment LTD
OF Kirbyville, Texas
FOR THE LAKESHORE DRIVE PHASE 3 AND 4 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$ 3 2/L4'1.aW
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. PC,
b. /VC)/ •
c. Pim
d. t/l'u+
(Itemise claims and amounts due) (II 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 , 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, brut the amount so deducted shall be automatically included under
Paragraph 2 as an amount which th '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
CE -f,2021.
(SEAL) Elite Contractors and Equipment LTD
(Contractor)
By: President
(Signature and Title of Officer)
Breck Sauls ,being first duly sworn on oath,deposes and says,first,that he is the
(Affiant)
President of Elite Contractors and Equipment LTD ,second,that he has read the foregoing certificate by him
(Title) (Name of Company) .
subscribed as President of Elite Contractors and Equipment LTD
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
/
Subscribed and sworn to before me this � day of IXCt-',11 r'i,2021.
My commission expires PoC"f 4C11 a .
BRANDI p BERTMAN (Notary)
`1,.:\,41
J,••h NOTARY Ip g2O4862*Q048624'` % ';�; My Commission Expires
ayo. April 29.2025
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EXHIBIT D
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: Elite Contractors and Equipment LTD
(Name of tractor)
TO: Cr4Ge— r
(Owner)
REFERENCE CONTRACT NO.: 19-230 and 19-231
,v1JJ
CONTRACT ENTERED INTO THE � DAY OF Cf 4,I v BETWEEN
THE City of Port Arthur,Texas AND Elite Contractors and Equipment LTD
OF Kirbyville, Texas
FOR THE LAKESHORE DRIVE PHASE 3 AND 4ROADWAY RECONSTRUCTION PROJECT
KNOW ALL MEN BY THESE PRESENTS:
1) Elite Contractors and Equipment LTD ,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
Elite Contractors and Equipment LTD , 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.
Sr
`='1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this day of
(Ce-41 , 2021.
SEAL pie Contractors and Equipment LTD
• (Contractor)
BY:� President
(Signature and Title of Officer)
Breck Sauls
being first duly sworn on oath,deposes and says,first,
(Affiant)
That he is the President of Elite Contractors and Equipment LTD ,second,that he has read the
(Title) (Name of Company)
foregoing certificate by him subscribed as President of Elite Contractors and Equipment LTD
(Name of Company)
Affiant further states that the matters and thinks stated herein are true.
(Affiant)
•
1!C�
Subscribed and sworn to before me this day of e2021.
My commission expires Ppr1'1 J9 L .
v
% ,*aY..' s BRANDI D BERTMAN i (Notary)
�• ��_. NOTARY ID#204962-4
My Commission Expires 5
'F$r'h+ April 29,2025 i
•
•
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: Lakeshore Drive Phase 3 and 4 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: Elite Contractors and Eqipment LTD Kirbyville , Texas
Signature:
Printed Name: Breck) Sauls
Date: /`/ 3 2J
•
r')Subscribed and sworn to before me this day of C ,2021
My Commission expires ;
BRANDI D BERTMAN
1: '.r NOTARY ID#204962.4 (Notary)
♦ •i ;.
♦ �, � My Commission Expires
April 29,2025
EXHIBIT F
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EXHIBIT G
City of
Or( rthu
Texas
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: March 21, 2022
Project: Lakeshore Drive Phase# & 4 Roadway Reconstruction Project—Close Out
Project No. ST1P44
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on August 5, 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.
Subtni ed by:
A ii 4 / 4.0 --
1.01:* , I / or iii•
Floz:a'obert T, 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...
LAKESHORE DRIVE PHASE 3 & 4 ROADWAY RECONSTRUCTION PROJECT-
ST1P44-CON
To: Elite Contractors& Equipment of Kirbyville, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
Lakeshore Drive Phase 3 &4 Roadway Reconstruction Project 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 Certificate of Debts Paid, Contractor's Certificate of Release,
Contractor's Certificate of Warranty executed by Elite Contractors & Equipment of Kirbyville,
Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary