HomeMy WebLinkAboutPR 23256: SANITARY SEWER SYSTEM 9TH AVE. EXTENSION PROJECT, CHANGE ORDER NO. 1 AND CLOSEOUT In
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INTEROFFICE MEMORANDUM
Date: August 4, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR No. 23256—Sanitary Sewer System 9th Avenue Extension Project, Change
Order No. 1 and Closeout
Introduction:
The intent of this Agenda Item is to seek City Council's approval of deductive Change Order
No. 1 for the City of Port Arthur Sanitary Sewer System 9th Avenue Extension Project with
ALLCO, LLC of Beaumont, Texas. Approval of this agenda item authorizes the City Manager
to accept the closeout documents, execute the certificate of acceptance, and pay the retainage
invoice of$39,653.31.
Background:
The Sanitary Sewer System 9th Avenue Extension Project was designed by City staff. On
March 14, 2023, the Council passed Resolution No. 23-115, which awarded ALLCO, LLC of
Beaumont, Texas with the construction phase of the Sanitary Sewer System 9th Avenue
Extension Project contract, in the original contract amount of$808,376.25. The construction
phase was managed by City staff.
Change Order No. 1 decreases the total project cost by $15,310.00, by removing post closed-
circuit television (CCTV) line item and the point repair line item, resulting in a new contract
amount of$793,066.25.
Budget Impact:
Change Order No. 1 decreases the total project cost by $15,310.00, resulting in a new contract
amount of $793,066.25. Funds are available in Account No. 307-21-049-8512-00-10-000,
Project No. BU0006-CON.
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 23256, to accept the
closeout documents, execute the certificate of acceptance, and pay the retainage invoice, as
described/outlined above.
"Remember, we are here to serve the Citizens of Port Arthur"
PR No. 23256
8/4/23 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE CHANGE ORDER NO. 1 TO THE
CONTRACT WITH ALLCO, LLC OF BEAUMONT, TEXAS
FOR THE SANITARY SEWER SYSTEM 9TH AVENUE
EXTENSION PROJECT, DECREASING THE CONTRACT
AMOUNT BY $15,310.00, TO A NEW CONTRACT TOTAL
OF $793,066.25 AND ACCEPT THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S
AFFIDAVIT, CERTIFICATE OF GUARANTEE AND
CERTIFICATE AND RELEASE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CERTIFICATE OF
ACCEPTANCE AND PAY THE RETAINAGE INVOICE;
ACCOUNT NO. 307-21-049-8512-00-10-000, PROJECT NO.
BU0006-CON.
WHEREAS, pursuant to Resolution No. 23-115, City Council awarded a contract to
ALLCO, LLC of Beaumont, Texas for the construction phase of the Sanitary Sewer System 9th
Avenue Extension Project with a projected budgetary impact of$808,376.25; and,
WHEREAS, City staff has submitted Change Order No. 1 for the reduction of the final
project cost for the Sanitary Sewer System 9th Avenue Extension Project, with a decrease of
$15,310.00 as delineated in Exhibit"A", bringing the new contract amount to $793,066.25; and,
WHEREAS, ALLCO, LLC has completed the contracted project to the satisfaction of
City staff; and,
WHEREAS, the City has obtained the Engineer's Certificate of Completion, dated
August 3, 2023, from City staff, stating that to the best of his knowledge, the Sanitary Sewer
System 9th Avenue Extension Project has been completed in general accordance with City
standards, a copy is attached hereto and made a part hereof as Exhibit "B", together with a
Contractor's Affidavit, Certificate of Guarantee, and Certificate and Release (Exhibit "C"),
executed by ALLCO, LLC; and,
PR No. 23256
8/4/23 bw
Page 2 of 3
WHEREAS, the retainage for this project is due, as the work is completed and billed,
and the project engineer approves release of retainage to ALLCO, LLC, in the amount of
$39,653.31 (see Exhibit"E").
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 Manager of the City of Port Arthur is hereby authorized and directed to
execute Change Order No. 1 (Exhibit "A") to the contract with ALLCO, LLC of Beaumont,
Texas, decreasing the contract amount by $15,310.00, to a new contract total of$793,066.25 and
to accept on behalf of the City the Engineer's Certificate of Completion (Exhibit "B"), the
Contractor's Affidavit, Certificate of Guarantee, and Certificate and Release (Exhibit "C"),
execute the Certificate of Acceptance (Exhibit "D") for the completion of the Sanitary Sewer
System 9th Avenue Extension Project, and authorize the Release of Retainage to ALLCO, LLC,
in the amount of$39,653.31 (Exhibit"E").
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ,ADOPTED,AND APPROVED THIS day of , 2023 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor ;
Councilmembers
PR No. 23256
8/4/23 bw
Page 3 of 3
NOES:
Thurman Bill Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
Adair cy)
Sherri Bellard ' alecia iz no
i
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Mana er
alvin Matthews, P.E.
Water Utilities Director
APPROVED AS TO AVAILABILITY
OF FUNDING:
J>?(---A-7NU-13C,u etot_ 4./cr,i;
rt
Kandy Daniel Clifton Williams, CP15B
Finance Director Purchasing Manager
Pi 3At
EXHIBIT A
(Change Order No. 1)
CHANGE ORDER NO. 1
ORIGINAL AGREEMENT DATE: April 24,2023
PROJECT DESCRIPTION: Sanitary Sewer System 9th Avenue Extension Project
REASON: Remove post closed-circuit television(CCTV)line item and the point repair line item
CHANGE TO CONTRACT AMOUNT:
ORIGINAL CONTRACT PRICE: $808,376.25
CURRENT CONTRACT PRICE: $808,376.25
(adjusted by previous change order)
The Contract Amount due to this change order will decrease by: $15,310.00
The new Contract Amount including the change order will be: $793,066.25
ORIGINAL CONTRACT DAYS: 120
CONTRACT END DATE: Ending August 22,2023
SIGNED AND AGREED TO on the :t' day of U.CiUt} i , 2023. .�, Cp�►►►►urrr
\,E. ,
. ... . 'e.
ALLCO,,LfLC _ �� • A - ..
Print Name: T LA- 14(0'r5,� �+ �'/
Title:
SIGNED AND AGREED TO on the day of 2023.
CITY OF PORT ARTHUR
BY:
RONALD BURTON,
CITY MANAGER
EXHIBIT B
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: I T°h1 A(g ►l A C `. (1.1 E-kt r-c : €uj C r (Hu i r1 L014 LC_i)1 f It
Date of Issuance:
Owner(s): City of Port Arthur
Owner's Project Number: P i2 d)4(1)..
Engineer: 0 t L...A LA: k f (L I-ftu i'
C \//,V 1//7/'9 7/ �=w§. J,6
Contractor: H,_, , L LL
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or
to the following specified parts thereof:
To: City of Port Arthur
(OWNER)
And To: e4LVa in 14 7/JEL)f )2- g;
(ENGINEER)
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer,and that Work is hereby declared to be complete in accordance
with the Contract Documents on
June_ 30, 2023
DATE OF COMPLETION ..�����
Executed byEngineer on ?/ 2 ��P1E .7: �,,/
g l/l�(Y *. /�� .` 1/
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EXHIBIT C
ALLCO,LLC
(Contractor's Documents)
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: Sanitary Sewer Main Replacement 9th Ave
Location: Port Arthur, Texas
Owner: City of Port Arthur
County of Jefferson
State of Texas
The undersigned hereby certifies that, except as listed below, all previous progress payments
received on account of the Work, have been applied on account to discharge Contractor's
legitimate obligations associated with prior Applications for Payment.
Exceptions: NONE ; \‘`‘ GO 1/,/
Signature: �"t t- '• i = E -�- t''�"_
•
Print: i L t..` it C, i'r J` r., •
•
•
•
....
Date: ::t,< ? •, �.'' '��.
Sworn to and subscribed to me, a
Notary Public, this 28th day of July 2023.
aY,, MARY BETH DELORD
I 4t ,4'* vimi,_: Notary Public,State of Texas
r •�� ( ,f , ; Comm.Expires 04-12-2027 t
(Notary Public) ''of co. Notary IDS 287955-8
My Commission Expires: _04-12-2027
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: f _,_CE1 ,
TO: e) 141 (J T (t ) T+L4
FOR: OW1 Auf t-yuc. Irk 1t4I)1aLCkk'Ed
REFERENCE CONTRACT NO. f kt t� ENTERED INTO THE ° -i t
DAY OF 'f ! ,2023, BETWEEN THE CITY OF PORT ARTHUR
AND f i LL 1 . - , - 2_
(CONTRACTOR)
OF cCt..Lt lOrit Iexc
! l (CITY/STATE)
(�`
FOR: `t71�" l I� U .YIUt L.0t ctt. Replace went
(PROJECIY
KNOW ALL MEN BY THESE PRESENTS:
1. Lk L L! L LC- does hereby guarantee all of the work done under the
above referenced contract to be free from faulty materials in every particular, and free
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 require 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 Engineer's Certificate of Completion.
IN WITNESS THEREOF, the undersigned has signed and sealed this instrument this the
`, j1 ¢ day of _ f , 2023.
00ltittt/,I
te,ar,
= ! ` 7 (COMPANY NAME)
clitht..7„..±_
___
e,e1 J11 I T ENO OWNER SIGNATURE/TITLE)
7'LL) 'Oa i r IL,cr-i-Prt----±,icirot
(PRINT)
SUBSCRIBED AND SWORN to before me this � day of Li i (.)
2023.
My commission expires . _1 , .;',
(DATE)
1 r MARY BETH OELORD 1 •
1 -!►'- Notary Aft,Beata of Texas I ,I ` ,_ lit •
1 !..._ Comm. 04-12-2027 1 1 I ((.L.U I:)c Li'- t� 71 L t.
I • Nday ON 2879554 1 (NOTARY PUBLIC)
I
i
1
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM:ALLCO, LLC
(Name ofCantractoi)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO.: PR 22972
CONTRACT ENTERED INTO THE 7TH DAY OF APRIL 2023 BETWEEN THE
CITY OF PORT ARTHUR AND ALLCO, LLC
OF BEAUMONT,TEXAS
FOR THE PROJECT 9TH AVENUE SANITARY SEWER MAIN REPLACEMENT
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$ 39,653.31.
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 ONE(1),has been performed 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 I 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 ;f?04 i day of
sli. 1 ,2023.
ottitii/tti t 1_ , L,LC-
(sEj\,Go, ." �-. .....0 ice (Contractor)
-1.---6
a = BY: r,`
(Signature)
T. u . 14cz r-r 'sc., . a, , _
(Printed Name/Title of Officer)
11 1,(J. t r(t`>C ,being first duly sworn on oath,deposes and says,First,that,he/sheis the
(Affiant)
Prt.:! 1Cif'F i c of LLL.-1, LL.e,
(Title) (Name of Company)
Second,that he/slie"has read the foregoing certificate by himller subscribed as ' ,;_i e:l'!
(Title.)
`0%Iiiltt/ti
of A�.-L 1Lt LLC._- - ,,.0 �,co, L_ .,.
(Name of Company) '' 0%
Affiant further states that the matters and things stated herein are true. = j r....b-r . ,
!, /4 • c
(Aunt) 'di It• k►►���``
Subscribed and sworn to before me this �` `1.1 day of 'I Is..U,_i l ,2023.
My commission expires _
j 1AARY BETH DELORD y
! i 9Na *Staleoexasi l / 'h -,A .Comm. 04-12"2027 1 NOTARY
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2
EXHIBIT D
(City of Port Arthur Certificate of Acceptance)
City of Port Arthur, Texas
Department of Water Utilities
CERTIFICATE OF ACCEPTANCE FOR
SANITARY SEWER SYSTEM 9TH AVENUE
EXTENSION PROJECT
FOR THE CITY OF PORT ARTHUR
To: ALLCO, LLC,of Beaumont,Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the Sanitary Sewer System
9th Avenue Extension Project on the basis of, the Engineer's Certificate of Completion, the Contractor's Affidavit
of Final Payment and Release, and Contractor's Affidavit of Guarantee from ALLCO, LLC of Beaumont,Texas.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
EXHIBIT E
(Release of Retainage Invoice)
PROJECT: SANITARY SEWER SYSTEM-9TH AVE EXT Invoice#: 9619
OWNER: CITY OF PORT ARTHUR Job#: TX-895
CONTRACTOR: ALLCO,LLC
ENGINEER: CITY OF PORT ARTHUR
PERIOD END: July 31,2023 ESTIMATE NO.: Four(4)
SUMMARY OF PAYMENT VALUES FROM ATTACHED SCHEDULES
Original Contract Amount 808,376.25
Approved Change Orders -
Current Contract Amount 808,376.25
Total Value of Contract Performed to Date 793,066.25
Extra Work on Approved Change Orders -
Material on Hand
Amount of Contract Invoiced to Date 793,066.25
Less Amount Retained at: 0%Net Amount Earned on Contract 793,066.25
Less Amount of Previous Invoices 753,412.94
BALANCE DUE THIS INVOICE 39,653.31
Percentage of Contract Invoiced to Date 98%
The undersigned contractor certifies that all work, including materials on hand, covered by this Periodic Payment have been
completed of delivered in accordance with the Contract Documents,that all amounts have been paid by him for work,materials,
and equipment for which previous Periodic Payments were issued and received from the Owner, and that the current payment
shown herein is now due.
CONTRACTOR: ALLCO
BY: i - DATE: 3 l-J a I-.3
T.W. Harrison - President a0 Po NARY BETH DELORD
o'A0,1: NotaryPublic,State of Texas
Subscribed and sworn to before me this 31st day Jul,2023. 2 �
Comm.Epees 04-12-2027 t
Notary Public: � �(�!1 t Pak Notary 108 28798 i
My Commission expires: Aril 12,2027
Recommended for Payment by: Approved for Payment by:
r..)L— (,.�G .. Aup d- ?az/
Date Date
Approved for Payment by: Approved for Payment by:
Date Date
PROJECT: SANITARY SEWER SYSTEM-9TH AVE EXT
OWNER: CITY OF PORT ARTHUR
CONTRACTOR:ALLCO,LLC
ENGINEER: CITY OF PORT ARTHUR
PERIOD END: July 31,2023 ESTIMATE NO.: Four(4)
UNIT TOTAL PER VALUE
ITEM DESCRIPTION QTY UNIT PRICE PRICE QTY QTD COMPLETED
1 Mobilization-not to exceed 4% 1 LS 31,000.00 31,000.00 100% 31,000.00
2 8" SS stub-out from MH-08 I LS 2,500.00 2,500.00 100% 2,500.00
3 15"SDR 26 PVC by open cut 900 LF 560.75 504,675.00 900 504,675.00
4 20"HDPE DR 17 by directional drill 120 LF 423.25 50,790.00 120 50,790.00
5 18" SDR 26 PVC by open cut 285 LF 478.25 136,301.25 285 136,301.25
6 Concrete manhole 5 EA 5,500.00 27,500.00 5 27,500.00
7 Stabilized sand at Manhole#5 1 EA 1,200.00 1,200.00 1 1,200.00
8 Post TV inspection 1,305 LF 2.00 2,610.00
9 Not used
10 Temporary routing of 4" force main 1 LS 5,000.00 5,000.00 100% 5,000.00
11 Not used
12 Point repair on 8"to 24"sewer 1 EA 12,700.00 12,700.00
13 Trench Safety Plan&system 1 EA 100.00 100.00 100% 100.00
14 Provide two 4"self priming pumping units I LS 34,000.00 34,000.00 100% 34,000.00
TOTAL FOR PROJECT 808,376.25 793,066.25