HomeMy WebLinkAboutPR 22642: CAVE-IN AT HOUSTON AVENUE AND LAKESHORE DRIVE - ACCEPTANCE OF CLOSE OUT DOCUMENTS AND RELEASE OF RETAINAGE FOR PROJECT City of
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INTEROFFICE MEMORANDUM
Date: June 22, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Works
RE: PR 22642: Cave-In at Houston Avenue and Lakeshore Drive — cceptance of Close Out
Documents and Release of Retainage for Project ARPOI 1-GRE-DRM.
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 $9,495.00 for the Houston Avenue and Lakeshore Drive Cave-In
submitted from Allco, LLC of Beaumont, Texas.
Background:
There was a cave-in at the intersection of Houston Avenue and Lakeshore Drive that affected traffic to
the Port of Port Arthur and other surrounding businesses. It was determined that this cave-in required
immediate repair, so it was advertised for bid. Three bids were received and evaluated with the selection
of Allco, LLC of Beaumont, Texas, as the lowest responsible bidder. Pursuant to Resolution 22-027,
Allco, LLC of Beaumont,Texas,was awarded the project for$189,900.00 and a contracted construction
period of 90 calendar days.
Public Works — Engineering has also received Close Out Documents from Allco, LLC of Beaumont,
Texas,that includes the Certificate of Substantial Completion establishing completion as April 22,2022,
the Contractor's Certificate and Release, the Contractor's Certificate of Warranty, the Contractor's
Certificate of Debts Paid, and the Release of Retainage Pay Application for $9,495.00.
Budget Impact:
Funds are available in the ARPA Drainage Maintenance Account,Account Number 169-07-015-5314-
00-40-000. Project Number ARP011-GRE-DRM.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 22642 authorizing the City Manager
to accept the Close Out Documents from Allco, LLC of Beaumont, Texas, and release the retainage in
the amount$9,495.00.
S Engineering PUBLIC WORKS`PW-RESOLUTIONS'PR 22642 Agenda Memo HOUSTON CAVE IN docx
PR No. 22642
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Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
CLOSE OUT DOCUMENTS SUBMITTED BY ALLCO, LLC OF
BEAUMONT, TEXAS AND APPROVE THE RELEASE OF RETAINAGE IN
THE AMOUNT OF $9,495.00 FOR THE HOUSTON AVENUE CAVE- IN
PROJECT. FUNDING IS AVAILABLE IN THE ARPA DRAINAGE
MAINTENANCE ACCOUNT NUMBER 169-07-015-5314-00-40-000,
PROJECT NO. ARP011-GRE-DRM.
WHEREAS, the City of Port Arthur's Purchasing Department advertised for bid for the
repair of a cave-in at Houston Avenue and Lakeshore Drive on October 21, 2021,
WHEREAS, three bids were received and opened on November 3, 2021; and,
WHEREAS, evaluation of the bids determined that Allco, LLC of Beaumont, Texas, was
the lowest responsible bidder with a bid of $189,900.00, and a construction time of ninety (90)
days; and,
WHEREAS, pursuant to Resolution No. 22-027, the City of Port Arthur City Council
awarded a contract for the Houston Avenue Cave-In Repair to Allco, LLC of Beaumont, Texas
for the amount of $189,900.00; and,
WHEREAS, Allco, LLC of Beaumont, Texas has submitted the Certificate of Substantial
Completion dated April 22, 2022 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 A; together with the Contractor's Certificate and Release
(Exhibit B), the Contractor's Certificate of Warranty (Exhibit C), and the Contractor's Certificate
of Debts Paid (Exhibit D); and,
PR No.22642
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WHEREAS, the retainage for the project is 5% of the work completed and billed, the
Release of Retainage has been submitted by Allco, LLC of Beaumont, Texas, for the amount of
$9,495.00, see Exhibit E; and,
WHEREAS, Allco, LLC of Beaumont, Texas, has completed the contracted project to the
satisfaction of the Public Works Director and the City Engineering staff, see Exhibit F; and,
WHEREAS, approval of 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 hereby accept the
Certificate of Substantial Completion dated February 2, 2022 (Exhibit A); together with the
Contractor's Certificate and Release (Exhibit B), the Contractor's Certificate of Warranty (Exhibit
C), the Contractor's Certificate of Debts Paid (Exhibit D); 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 G) for the completion of the
Houston Avenue and Lakeshore Drive Cave-In Repair; and,
THAT, the Release of Retainage be paid to Allco, LLC of Beaumont, Texas, in the amount
of $9,495.00; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
S:\Engineering\PUBLIC WORKS\PW-RESOLUTIONS\PR 22642\PR 22642 HOUSTON CAVE IN Close Out.docx
PR No.22642
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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, TRMC
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
0-)1_ hAatfl
Valecia Tizeno, Esq. Ronald Burton, CPM
City Attorney City Manager
PR No.22642
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Page 4 of 4
APPROVED AS FOR AVAILABILITY OF
FUNDS:
SIK \I) c-k-r\-/N-----P--
Kandy Daniel
Interim Director of Finance
G
7C
Floz I oberts Ii' MEn MBA
Dire o of Publi rks
LLA,
Clifto Williams, CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.:22-027
Project Name:Cave-in Houston Ave @ Lakeshore Drive
Contractor: ALLCO,LLC
Description of Work: Cave-in Houston Ave @ Lakeshore Drive
The work performed under this contract has been reviewed and found to be substantially complete. The
date of substantial completion is hereby established as April 22,2022
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 all been completed.
Punch List
All 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 in 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 and an attachment or in the Contract Documents the CONTRACTOR is responsible for
maintenance,utilities and insurance.
_ALLCO,LLC _05/16/22
CONTRACTOR NAME SIGNATURE 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.
PROJECT MANAGER SIGNATURE DATE
CITY ENGINEER SIGNATURE DATE
PUBLIC WORKS DIRECTOR SIGNATURE DATE
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: Cave-in Houston Ave @ Lakeshore Dr
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 materials and equipment furnished for all work, labor,
and services preformed 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 a way be held responsible or encumbered.
Exceptions:
Contractor: ALLCO,LLC ,Texas
.....)
Signature:yt, i.40_____
Printed Name: T.W. Harrison-President
Date:_May 16, 2022
Subscribed and sworn to before me this 16th day of May , 2022
My commission expires: 4-12-2023
jai MARY BETH DELORD I
t (� Notary Public,Stale of Texas 1 �(/�p-,�-Q ;/"" id
1 s �/ Comm.Expires 04-12-2023 1 `�� � ` ",
1 Notary IN 287955 8 1 NOTARY
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ALLCO, LLC
(Name of Contractor)
TO:_CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO.: 22-027
CONTRACT ENTERED INTO THE 7th DAY OF MARCH 2022 BETWEEN THE
CITY OF PORT ARTHUR AND ALLCO,LLC
OF BEAUMONT,TEXAS
FOR THE PROJECT REPAIR CAVE-IN HOUSTON AVE @ LAKESHORE
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 approve Change Orders and modification the balance of
$_189,900.00
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.
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_0_, has been perfonned 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 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 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 any reason
the Owner does not pay the full 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 paid contract modification thereof,and will execute
such further releases or assurances of the Owner and Operator may request.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this_17TH day of
JUNE ,2022.
,',►q►Ii!lrr��
; .. p, '. ALLCO,LLC
tSEI►I)E •• � (Contractor)
•
BY:
S • (Signature)
•
T.W. HARRISON-PRESIDENT
(Printed Name/Title of Officer)
T.W. HARRISON , being first duly sworn on oath, deposes and says, First,that, he is the
(Affiant)
_PRESIDENT of_ALLCO,LLC
(Title) (Name of Company)
Second,that he has read the foregoing certificate by him/her subscribed as_PRESIDENT
(Title)
of_ALLCO,LLC
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this_17TH day of_JUNE 2022.
My commission expires 4-12-2023
d OZ-V►' 91U IDVt'll..- c54
t `pPy pG� ARY BETH DELORD
t �►� Notary Public,State of Texas
�,�14 ; Comm.Expires 04-12-2023
'0 ` Notary ID#287955-8
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: ALLCO,LLC
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: 22-027_
CONTRACT ENTERED INTO THE 24th DAY OF_January 2022_ BETWEEN THE
CITY OF PORT ARTHUR AND ALLCO,LLC
OF Beaumont, Texas
FOR THE PROJECT Cave-in Houston Ave&Lakeshore Dr._
KNOW ALL MEN BY THESE PRESENTS:
1.) ALLCO,LLC does hereby guarantee all of the work done under the
(Name of Contractor)
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 by Owner,as evidenced by the Contractor's Certificate of Completion.
3.) This Certificate is given in connection with the final payment under the contract between the Owner and
_ALLCO,LLC ,and with the knowledge that it will be relied upon in
(Name of Contractor)
Making such payment and 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_16th_ day of
May ,2022.
ALLCO,LLC
(SEAL) (Contractor)
BY: (4t(-4—'146
(Signature)
T. W.Harrison/President
(Printed Name/Title of Officer)
1-Warranty
T.W. Harrison ,being first duly sworn on oath,deposes and says,First,that,he is the
(Aunt)
_President of ALLCO,LLC ,
(Title) (Name of Company)
Second,that he has read the foregoing certificate by him subscribed as President
(Title)
of ALLCO,LLC .
(Name of Company)
Affiant further states that the matters and things stated herein are true.
46_41—ca
(Aunt)
Subscribed and sworn to before me this 16th day of May ,2022.
My commission expires 4-12-2023
LOX)/itillii. Ailai
t , fM:ARY EETH DELOR-6-1 NOTARY
' ,. ' hlwa Public,State of Texas I
.,'�'_2 � Comm.Expires 04-12-2023 l
1 Notary IDll 287955-8 1
2-Warranty
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: Cave-in Houston Ave @ Lakeshore Dr
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 materials and equipment furnished for all work, labor,
and services preformed 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 a way be held responsible or encumbered.
Exceptions:
Contractor: ALLCO, LLC ,Texas
Signature: It,) i4 a--
Printed Name: T.W. Harrison- President
Date: _May 16, 2022
Subscribed and sworn to before me this 16th day of May_, 2022
My commission expires: 4-12-2023
MARY BETH DELORD
Notary Public,Slate of Texas 1711L KYldComm. Expires 04-12-2023 1
`°FS` Notary ID#287955-8 NOTARY
1
EXHIBIT E
PROJECT ACCOMPLISHMENT PAYMENT APPLICATION
CITY OF PORT ARTHUR
Project: HOUSTON AVENUE CAVE IN Contractor:ALLCO,LLC OF BEAUMONT,TX Original Contract Amount: $184,900.00 Percent of Work Done: 100% Pay Application Number: 2-RETAINAGE
Number: 22-027 PROJECT NO.ARP011-GRE-DRM Address: PO BOX 3686;BEAUMONT,TX 77704 New Contract Time: 90 Cal Days Percent of Time Used: 42% Invoice Date: JUNE 23,2022
P.O.NO. Telephone:409-860-4459 Start Date: March 7,20122 Time Used(Days): 38 Period Ending: March 31,2022
ACCT NO. 169-07-015-5314-00-401-000 Email: kburrell@allco.com Completion Date: May 6,2022 Page 1 of 1
Base Bid Original Bid Contract Change Order No.1 Amended New Contract Previously Paid Due This Period Total to Date
Item No. Description Unit Quantity Unit Price Amount Quantity Unit Price Amount Quantity Unit Price Amount Quantity Amount Quantity Amount Quantity Amount
**** REPAIR CAVE IN EA 1 $ 184,900.00 $ 184,900.00 1 $ 184,900.00 $ 184,900.00 1.00 $ 184,900.00 $ 184,900.00
**** TRAFFIC PLAN EA 1 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 $ 5,000.00 1.00 $ 5,000.00 $ 5,000.00
TOTAL $ 189,900.00 $ 189,900.00 $ - $ 189,900.00 $ 189,900.00
Quantities Verified By: Prepared By: Approved By: ORIGINAL CONTRACT AMOUNT: $ 184,900.00
(/� TRAFFIC PLAN: $ 5,000.00
-q /J/ ,1 AA
� _ . AMENDED COSS5%R AMOUNT: $ 185,000.00
Kenneth Babino,Inspector M.1 inifer Ed adMPA,C.I.P.Manager Clifton Williams,CPPB,Purchasing Mgr. LESS 5%RETAINAGE: $ -
Approved By: SUB TOTAL: $ 189,900.00
LESS PREVIOUS PAYMENT: $ (180,405.00)
AMOUNT DUE THIS REQUEST: S 9.495 r t
Keith Burrell,VP,ALLCO,LLC John Cannatella,P.E.,City Engineer
I certify that all work including materials covered by this Invoice hove
been completed or delivered in accordance with Contract documents.
5:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2022\Houston Ave Cave In\Payment Applications\Pay Applications-Cave In FinalRetainage
EXHIBIT F
City of
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www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: June 23, 2022
Project: Houston Avenue and Lakeshore Drive Cave-In Repair Project Close Out, and Release
of Retainage. Project ARP011-GRE-DRM
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on April 22,2022 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:
el e C. oberts, EI , ng, A
Director cif P blic Wo
"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 G
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
HOUSTON AVENUE AND LAKESHORE DRIVE CAVE IN
PROJECT ARP011-GRE-DRM
To: Allco, LLC of Beaumont Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
Houston Avenue and Lakeshore Drive Cave-In Repair 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 Affidavit of All Debts Paid, Contractor's Certificate of Release,
Contractor's Certificate of Warranty executed by Allco, LLC of Beaumont, Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary