HomeMy WebLinkAboutPR 23388: EL VISTA SEWER FORCE MAIN REPLACEMENT PROJECT CLOSEOUT g'
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INTEROFFICE MEMORANDUM
Date: October 25, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 23388 —El Vista Sewer Force Main Replacement Project Closeout
Introduction:
The intent of this Agenda Item is to seek the City Council's approval of Change Order #2 for
decreasing the contract amount by $116,942.00 to close out the El Vista Sewer Force Main
Replacement Project and release the final retainage of$109,859.83.
Background:
On March 14, 2023, Resolution No. 23-114, awarded the El Vista Sewer Force Main
Replacement Project to Allco, LLC of Beaumont, Texas.
On August 15, 2023, Resolution No. 23-339 approved Change Order No. 1 to replace the
suction valves to the pump intake.
Change Order No. 2 is the deduction of the final reconciliation of quantities for the original
contract bid items, including (1) 16" MJ 90-degree assembly, 60 LF 16" PVC certalok DR25,
157 days bypass pumping, and Stormwater Pollution Prevention Plan removed from the
contract, and additional of street rehabilitation on 60th street projected by the contractor.
Budget Impact:
The original contract amount was $2,299,500.50
Change Order No. 1 was an increase of$14,638.00
Change Order No. 2 is a decrease of$116,942.00
The final cost of the project is $2,197,196.50. Funding is available in Account No. 405-40-
000-8516-00-00-000, Project No. WS-0007-CON.
Recommendation:
"Remember,we are here to serve the Citizens of Port Arthur"
Cin'of
ort rthur
It is recommended that the City Council adopt Proposed Resolution No. 23388, which accepts
Change Order#2, closes out the project, authorizes the City Manager to accept the project, and
authorizes the release of the final invoice of$109,859.83.
"Remember, we are here to serve the Citizens of Port Arthur"
PR No. 23388
10/25/23 JL
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE CHANGE ORDER NO. 2 AND ACCEPT
THE PROJECT COMPLETION DOCUMENTS FOR THE
EL VISTA SEWER FORCE MAIN REPLACEMENT
PROJECT WITH ALLCO, LLC OF BEAUMONT,
TEXAS, AND RELEASE THE RETAINAGE IN THE
AMOUNT OF $109,859.83; FUNDING FOR THE
PROJECT IS AVAILABLE IN ACCOUNT NO.
405-40-000-8516-00-00-000, PROJECT NO. WS0007-CON.
WHEREAS, per Resolution No. 23-114, the City Council awarded a contract for the El
Vista Sewer Force Main Replacement Project to Allco, LLC of Beaumont, Texas, in the total
amount of$2,299,500.50; and,
WHEREAS per Resolution No. 23-339, the City Council approved Change Order No. 1
to replace the 16" suction valves to the pump intake with a total addition of$14,638.00 to a new
contract total of$2,314,138.50; and,
WHEREAS, the City received Change Order No. 2 (Exhibit "A") for deduction from the
final reconciliation of quantities for the original contract bid items, which include removing (1)
16" MJ 90-degree assembly, 60 LF 16" PVC certalok DR25, 157 days bypass pumping, and
Stormwater Pollution Prevention Plan from the contract, and the additional of full-width street
rehabilitation of 60' street, decreasing the contract by $116,942.00 to a new contract amount of
$2,197,196.50;and,
WHEREAS, Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas, submitted the
closeout documents on October 19, 2023, stating that to the best of their knowledge, El Vista
Sewer Force Main Replacement Project has been completed in general accordance with the City
standards attached hereto and made a part hereof as (Exhibit "B"), together with an Engineer's
Fr-
PR No. 23388
10/25/23 JL
Page 2 of 3
Certificate of Completion (Exhibit "C"), Contractor's Certificate of Guarantee (Exhibit "D"),
Contractor's Affidavit (Exhibit "E"), Contractor's Certificate and Release (Exhibit "F"),
executed by Allco LLC.; and,
WHEREAS, the retainage for this project is due, as the work is completed and billed,
and the project engineer, Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas, approves the
release of the retainage to Allco LLC, in the amount of$109,859.83 (see Exhibit"H").
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 is hereby authorized to execute Change Order#2 (Exhibit "A")
and accept the closeout documents of El Vista Sewer Force Main Replacement Project, including
Engineer's Certificate of Completion (Exhibit "C"), Contractor's Certificate of Guarantee
(Exhibit "D"), Contractor's Affidavit (Exhibit "E"), Contractor's Certificate and Release
(Exhibit "F"), and execute the Certificate of Acceptance (Exhibit "G") to release the retainage in
the amount of$109,859.83 (Exhibit"H")to Allco LLC.; and,
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. 23388
10/25/23 JL
Page 3 of 3
Thurman Bill Bartie
Mayor
ATTEST: APPR 1 VED AS TO FORM:
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Sherri Bellard al: Y'Tizeno
City Secretary ity Attorney �� ?Z#tM�
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APPROVED FOR ADMINISTRATION:
Ronald Burton Clifton illiams, C PB
City Manag r Purchasing Manager
Calvin Matthews, P.E.
Water Utilities Director
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Dani
Finance Director
EXHIBIT A
(Change Order No. 2)
41.111.
// aiNC
AI ARCENEAUX WILSON&COLE
eng:neenrg 1 u.r eying f r;tonning
October 19, 2023
Mr. Calvin Matthews, P.E.
City of Port Arthur
Director of Water Utilities
444 4th Street
Port Arthur,Texas 77640
RE Proposal For Change Order No. 02 for
EL VISTA FORCE MAIN REPLACEMENT
AWC Job No.CPA-995
Mr. Matthews:
Attached is Change Order No. 2 for the El Vista Force Main Replacement project.
This change order is for decreasing the contract amount by $116,942.00.
The original contract only included the replacement of road surface along 60th
Street that would be disturbed as part of the force main replacement. Once in
construction,the City elected to add into the contract the full width road surface
construction.
This change order also accounts for the final reconciliation of quantities for the
original contract bid items. As a part of this contract deduction, there will be (1)
16" MJ 90 Degree Assembly, 60 LF 16" PVC CertaLok DR25, 157 Days Bypass
Pumping, and Stormwater Pollution Prevention Plan removed from the contract.
These quantities were not used by the Contractor to complete the project's scope
of work.
This change order will not impact the original contract time. This change order
will decrease the original contract amount by $116,942.00. We recommend that
the City of Port Arthur authorize this change order to the contract as submitted.
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
41111/
We have attached Change Order No. 2 which modifies the contract to reflect this
change for your consideration and action.
Should you have any questions or require additional information, please contact
our office.
ARCENEAUX WILSON&COLELLC
TEXAS REGISTERED ENGINEERING FIRM F-16194
Keith Zotzky; CFM
Vice President of Engineering Services
Attached..
Change Order 40.2
$ k
Of ARCENEAUX WILSON&COLE
CHANGE ORDER NO. 2
DATE: October 19, 2023 JOB NO.: CPA-995
AGREEMENT DATE: April 21, 2023
NAME OF PROJECT: El Vista Force Main Replacement
OWNER: CITY of PORT ARTHUR
CONTRACTOR: ALLCO, LLC
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Increase Contract Amount by $30,000.00 to account for the full width asphalt pavement along
60th Street.
2. Decrease Contract Amount by $146,942.00 to account for quantity reconciliations. This total
includes the removal of (1) 16" MJ 90 Assembly, 60 LF 16" PVC CertaLok DR25, 157 Days
Bypass Pumping, and Stormwater Pollution Prevention Plan.
TOTAL -$116,942.00
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $2,299,500.50
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $2,314,138.50
The CONTRACT PRICE due to this CHANGE ORDER will be [decreased]
by: $116,942.00
The new CONTRACT PRICE, including this CHANGE ORDER,will be $2,197,196.50
1 of 2
:-1 CHANGE ORDER NO. 2
October 19, 2023
Job No. CPA-995
ARCENEAUX WILSON&COLE
sryvjnx.-e,i^g I iuuryn±y I uwnnn,g
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 270 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 0 Calendar Days
CURRENT DATE OF COMPLETION: January 20, 2024
CONTRACT TIME due to this CHANGE ORDER will be increased by
The New DATE OF COMPLETION: January 20, 2024
No other Terms and Conditions of the Contract are changed as a result of this Change Order.
Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs incurred
by Contractor in his performance of the work covered by the Change Order.
RECOMMENDED Y ENGINEER ACCEPTED BY..
ARCENEAUX-WttSCIN & COLE LLC ( NTRAC , 0 ICER OR OWNER)
ALLCO, LLC
ACCEPTED BY:
CITY of PORT ARTHUR
2 of 2
EXHIBIT B
(Arceneaux Wilson& Cole Engineer Cover Letter)
`_
1
sS, aARCENEAUX WILSON &COLE
October 30, 2023
Calvin Matthews, P.E.
City of Port Arthur
Director of Water Utilities
444 4th Street
Port Arthur,Texas 77640
RE: CLOSEOUT DOCUMENTS, RECOMMENDATION for FINAL PAYMENT and
RELEASE of RETAINAGE
El Vista Force Main Replacement
AWC NO. CPA-995
Dear Mr. Matthews:
Attached for your records are the project completion documents for the El Vista Force Main
Replacement project. These documents include the Engineer's Certificate of Completion,
Contractor's Certificate of Guarantee, Contractor's Certificate of Release, Contractor's
Affidavit,and Invoice No. (Final).
These documents were executed showing a balance due the Contractor from the City. This
balance is the amount due for Invoice No. lifte retainage withheld from the monthly
estimates. As stipulated in the contract docurPdntt the retainage for this project is five
percent(5%)of the work completed and billed. It is our recommendation that the retainage
held by the City be released to the Contractor and final payment made. This will result in a
final payment to Allco, LLC from the City of Port Arthur in the amount of One Hundred Nine
Thousand Eight Hundred Fifty-Nine Dollars and Eighty-Three Cents ($109,859.83). Should
you have any questions or require further information please do not hesitate to contact me
at 409-724-7888.
Sincerely,
ARCENEAUX ILSON & COLE LLC
I
Keith ZIO171111,11- 1 FM
Project Manager
1 Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
t Contractor's Affidavit
Pay Invoice No.7(Final)
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
F- -i,i 1,.'i_;_.D4c
awceng.com - - -
EXHIBIT C
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: EL VISTA FORCE MAIN REPLACEMENT
Date of Issuance:OCTOBER 19,2023
Owner(s):CITY OF PORT ARTHUR
Owner's Project No.: CPA-995,Contract No. 1
Engineer: ARCENEAUX WILSON& COLE LLC
Contractor: ALLCO, LLC
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 ALLCO, LLC
[CONTRACTOR]
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
OCTOBER 19,2023
DATE OF COMPLETION4.1;e.0.F TF\%%
p:•• • • q,l
Executed by Engineer on OCTOBER 19 , 2023 ;*`'•• �\ ;r,:.•
BRIAN K.ZOTZKY
lll°`•.< 248080.•,4i
BY:
ARCENEAUX WILSO COLE LLC [SEAL]
1/1
EXHIBIT D
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CITY OF PORT ARTHUR
TO:ALLCO,LLC
FOR:EL VISTA FORCE MAIN REPLACEMENT
REFERENCE CONTRACT NO. CPA-995,Contract No.1 ENTERED INTO THE 24TH DAY
OF APRIL 2023 BETWEEN THE CITY OF PORT ARTHUR
AND ALLCO,LLC
OF BEAUMONT,TEXAS
FOR: EL VISTA FORCE MAIN REPLACEMENT
KNOW ALL MEN BY THESE PRESENTS:
I. ALLCO.LLC,does hereby guarantee all of the work done under the 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,as evidenced by the Engineers Certificate of Completion.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and ALLCO, LLC and with the knowledge that it will be relied upon in 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 l _`'"day
of -lk"- .20
[CORPOR�I� LC Q.j �, ALLCO,LLC
E (Contractor)
BY:
'ifs •'•...... •`,!�•••
i
1/2
KkA ,being first duly sworn on oath,deposes and says,first that
he is the /O j�' C- . _t t. k CC t 4CA..
)
second,that he has read the foregoing certificate by him subscribed as t 1,a tc4 y ��V
of 14 I e) L LC
Affiant further states that the matters and things stated herein are true.
(Mint)
Subscribed and sworn to before me this j day of 'f "
20 � .
— t oa`t
My commission expires
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pNY P(• MARY BETH DELORD
cAlAkt 1 `1% Notary Pubic.State of Texas I
i
o,F�E.� Comm.Expires 04-12-2027 r y (k � �trt (t ••
Notary ID#287955.8 1 U
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EXHIBIT E
(Contractor's Affidavit)
Contractor's Affidavit
PROJECT: El Vista Force Main Replacement
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State of Texas
County of Jefferson
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: fzia fC-st+-''n`ra.tt. * 35 J,Li .�i��
1, nrA C s mtt*. 13&, 359. &'3
Signature
Print r��r✓T$ /gc•)I7 Z
Date /0/ ZI
Sworn to and subscribed before me,a
Notary public, this I day of ty.
Pam MARY BETH DELORD 1 1 r < r
t z�►I Notary Public,State of Texas t
t ,�O Comm.Expires 04-12-2027 t Notary Public
Fes``` Notary ID#287955-8 1
My commission expires:
EXHIBIT F
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ALLCO.LLC
(Name of Contractor)
TO: CITY OF PORT ARTIIUR
(Owner)
REFERENCE CONTRACT NO. CPA-995 ,Contract No.I ENTERED INTO THE 24TH
DAY OF APRIL 2023 ,BETWEEN THE CITY OF PORT ARTHUR
AND ALLCO.LLC
(Name of Contractor)
OF BEAUMONT TX
(City) (State)
FOR THE EL VISTA FORCE MAIN REPLACEMENT
(Maned Project)
KNOW ALL MEN BY THESE PRESENTS:
i. 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 modifications the balance jf
tS 138.359.831 Lt.c:>X. ,3`,t5 f 441. d
2. The undersigned further certifies that in addition to the amount set forth in Paragraph I,there are
outstanding and unsigned 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 none,so state)
3. The undersigned further certifies that all work required under this contract,including work required
under Change Order(s)numbered 2 , 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 change thereof.
5. That in consideration of the payment of the amount stated in Paragraph I 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 I
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 any 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 or modification thereof, and will execute such further releases or
assurances as the Owner and Operator may request.
1N WITNE.S.5 WHEREOF,the undersigne4 has signed and sealed this instrument this tC14"day
of CU`CL ,20
\\`'
1SEALI E { ALLCO.LLC
�i �,7 (contractor)
\ BY:
; and of Office)
!/t tlt\
Jld.vll , being first duly sworn on oath, deposes and says, first, that
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he is the I)r Yb?a 1Q t t y' of A 1 Q. LL C
(likee) (tame of Company)
second,that he has read the foregoing certificate by him subscribed as ter t. f c r
Like.
rr md.)
of A t(C()Like.
(Name of )
Affiant further states that the matters and things stated herein are true.
(Attune)
Subscribed and sworn to before me this )Ct*_ day of
20 ."23.
My commission expires
(Date)
Bl MARY BETH DELORD ` 1` i tC
) Notary Public,State of Texas 1
�p Comm.Expires 04-12-2027 1 (Notarypobb`)
eoFA Notary ID#287955-8
2
EXHIBIT G
(City of Port Arthur Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE FOR
EL VISTA SEWER FORCE MAN REPLACEMENT 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 El Vista Sewer Force Main Replacement Project, on the basis of the City of Port
Arthur, Texas Water Utilities Department, the Engineer's Certificate of Completion, the
Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from
Allco, LLC of Beaumont, Texas.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
EXHIBIT H
(Retainage- Invoice No. 6)
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