HomeMy WebLinkAboutPR 23508: BARIOUS STREETS REHABILITATION, DISTRICT 1 nrj
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: January 8,2024
To: The Honorable Mayor and City Council
Through: Ron Burton;City Manager
From: John Cannatella,City Engineer
RE: PR 23508: 2022-2023 Various Streets Rehabilitation: District 1 Project; Close Out
Documents, and Release of Retainage for Allco,LLC,of Beaumont,Texas.
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$252,642.01 for the 2022-2023 Various Streets Rehabilitation: District 1
Project for Allco,LLC, of Beaumont,Texas.
Background:
Pursuant to Resolution 23-031, Port Arthur City Council approved entering into an agreement with
Allco, LLC of Beaumont, Texas, for the 2023 Street Rehabilitation Project-District 1 Project for the
amount of$4,377,370.00.
Pursuant to Resolution No. 23-142, City Council approved Change Order No. 1 for the removal of trees
and stumps located on 8th Avenue and 15th Street for the amount of$32,325.00. Change Order No. 1
increased the contract amount of$4,377,370.00 to the new contract amount of$4,409,695.00.
Pursuant to Resolution No. 23-294, City Council approved Change Order No. 2 for the widening of 7th
Avenue from Procter Street to 5th Street and upgrading of the drainage infrastructure,increasing the contract
amount of$4,409,695.00 by$522,526.30 to the new contract amount of$4,932,221.30.
Pursuant to Resolution No. 23-408, City Council approved Change Order No. 3 that added 27th Street from
Memorial Boulevard to 4th Avenue for reconstruction for the amount of$351,580.00,increasing the contract
amount of$4,932,221.30 to the new contract amount of$5,283,801.30.
Pursuant to Resolution No. 23-560, City Council approved Change Order No. 4 that removed Nashville
Avenue from 11th Street to Rev. Dr. Ransom Howard Street, decreasing the contract of$5,283,801.30 by
$230,961.10,to the new contract amount of$5,052,840.20.
"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
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2023\2022-2023 STREET REHAB DIST 1\Closeout Documents\Agenda\Agenda Memo Dist 1 Allco
Close out.docx
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Public Works-Engineering has received Close Out Documents from Allco, LLC, of Beaumont, Texas,
that includes the Certificate of Substantial Completion establishing completion as of October 12,2023,
the Contractor's Certificate and Release, the Contractor's Certificate of Warranty, the Contractor's
Certificate of Guarantee, and the Contractor's Affidavit of All Debts Paid. Additionally,Allco,LLC,of
Beaumont,Texas, is asking for release of retainage in the amount of$252,642.01.
Budget Impact:
Funding is available in the Street Capital Fund Account No. 307-21-053-8517-00-10-000.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR 23508 authorizing the City
Manager to accept the Close Out Documents and release the retainage in the amount of$252,642.01 for
Allco,LLC,of Beaumont,Texas,regarding the 2022-2023 Various Streets Rehabilitation:District 1 Project.
"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
PR No. 23508
1/8/2024 mje
Page 1 of 5
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 $252,642.01 FOR THE 2022-
2023 VARIOUS STREETS: DISTRICT 1 PROJECT. FUNDING IS
AVAILABLE IN THE STREET CAPITAL FUND ACCOUNT 307-21-
053-8517-00-10-000.
WHEREAS, the City of Port Arthur's Public Works Department identified streets in
the various districts that were in poor condition and in need of repair; and,
WHEREAS, pursuant to Resolution 20-008, City Council approved allocation of
funds for the remediation and reconstruction of streets per district; and,
WHEREAS, the Purchasing Department advertised for bids and after review by
the Public Works Department, it was determined that Allco, LLC, of Beaumont, Texas
provided the lowest responsible bid; and,
WHEREAS, Pursuant to Resolution No. 23-031, the City of Port Arthur City Council
awarded the 2022-2023 Street Rehabilitation Project-District 1 to Allco, LLC, of Beaumont,
Texas for the amount of $4,377,370.00; and,
WHEREAS, pursuant to Resolution 23-142, Port Arthur City Council approved
Change Order No. 1 that was submitted by Allco, LLC, of Beaumont, Texas, for the
amount of $32,325.00 to remove the trees/stumps and increased the contract amount of
$4,377,370.00 by $32,325.00 to the new contract amount of $4,409,695.00; and,
WHEREAS, pursuant to Resolution 23-294, Port Arthur City Council approved
Change Order No. 2, that was submitted by Allco, LLC, of Beaumont, Texas, for the
PR No.23508
1/8/2024 mje
Page 2 of 5
widening of 7th Avenue from Procter Street to 5th Street and increased the contract
amount of $4,409,695.00 by $522,526.30, to the new contract amount of $4,932,221.30;
and,
WHEREAS, pursuant to Resolution 23-408, Port Arthur City Council approved
Change Order No. 3, that was submitted by Allco, LLC, of Beaumont, Texas, for the
addition of 27th Street from Memorial Boulevard to 4th Avenue for reconstruction for the
amount of $351,580.00 that increased the contract amount of $4,932,221.30 by
$351,580.00 to the new contract amount of $5,283,801.30; and,
WHEREAS, pursuant to Resolution 23-560, Port Arthur City Council approved
Change Order No. 4, that was submitted by Allco, LLC, of Beaumont, Texas, the removed
Nashville Avenue from 11th Street to Rev. Dr. Ransom Howard Street, decreasing the
contract amount of $5,283,801.30 by $230,961.10 to the new contract amount of
$5,052,840.20; and,
WHEREAS, Allco, LLC, of Beaumont, Texas, has submitted the Certificate of
Substantial Completion dated October 12, 2023 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), the Contractor's Certificate of Guarantee (Exhibit D); and the Contractor's
Affidavit of Debts Paid (Exhibit E); and,
PR No.23508
1/8/2024 mje
Page 3 of 5
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 $252,642.01, see Exhibit F; and,
WHEREAS, Allco, LLC, of Beaumont, Texas, has completed the contracted project
to the satisfaction of the City Engineer and the City Engineering staff, see Exhibit G; and,
WHEREAS, approval of PR 23508 and 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 October 12, 2023 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), the Contractor's Certificate of Guarantee (Exhibit D); and the
Contractor's Affidavit 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 2023 Various Streets — District 1 Project; and,
THAT, the Release of Retainage be paid to Allco, LLC, of Beaumont, Texas, for
the amount of $252,642.01; and,
PR No.23508
1/8/2024 mje
Page 4 of 5
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. 2024 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
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia zeno, Esq. Ron Burton, CPM
City Attorney City Manager
PR No.23508
1/8/2024 mje
Page 5 of 5
APPROVED AS FOR AVAILABILITY OF
FUNDS:
i�d--K? y
Lynda Boswell
Director of Finance
John an atella
City E !neer
,.I, LL
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: Pa 3` ot t I 0 &%t/
S .>># Q Q ixtta l-tK P��T c.( ., _b t .t.c . L �u - v 3
Project Name:Contractor: Cato LI
7
Description of Work: \)�' .k-k 1 �-�� ktbit-tkrA-144-)
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as i t i la,
KNOW ALL MEN BY THESE PRESENTS:
l.) 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 responsilg for
maintenance,utilities and insurance. \`� \ C0:
CONTRACTOR NAME IGNATURE r h 1`a
r +v DATE
P r-c.st rv`
RECOMMENDED FOR ACCEPTANCE
C 11 I ) 2 .?
ENGINEER NAME ATURE DATE
The City of Port Arthur accepts the work as Substantially Complete.City of Port Arthur,Department of Public
Works.
PROJECT MANAGER SIGNATURE DATE
J4A l rl—k191 11c DAZ 41 ) Z. y
CITY ENGINEER TEE
PUBLIC WORKS DIRECTOR SIGNATURE DATE
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: r LrL_C Q , LLC.
(Name of Contractor)
TO: II '' C1-11
(Owner)
I
REFERENCE CONTRACT NO.: ' ` &G
CONTRACT ENTERED INTO THE cQ bf DAY OF rams a Cr i y av,/3 BETWEEN THE
C
CITY OF PORT ARTHUR AND (ILL- Li.
OF G CCU,/'F)i �k r _ !� ry
FOR THE PROJECT J �c —Yiz Q l.tb � P y 1 ;� E Utc .l.- %�x d-a
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
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. t4 CA._
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 14 ',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 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 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 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 IL" 4 t- day of
tiej,:er 1,, LLl_., :I LL.C,
„Nt'1 L , 1r' (Contractor)
7 BY:
r,- ..1s • ignature)
4 7.
• v
tf'/'ti,„,.„.1,``�• 1 \ Atx r ri,`Jt)cZ.k - t.'t'`1.".1-�De Ni t
(Printed Name/Title of Officer)
`I-\A) kAti 1`r ISU N ,being first duly sworn on oath,deposes and says,First,that,he/Alt is the
(Affiant)
p 1.- -:.31( ek4. of L )i -2-C1,' ,
(Title) (Name of Company)
Second,that he/slie has read the foregoing certificate by him/hyf subscribed as )1f`.%fde 71-
(Title)
of 1 LL aD1 1--LC_ .
(Name of Company)
Affiant further states that the matters and thingsst.�tg4,l1yrein are true.
A
7 ''(Affi t) V I.t Iie.rrISL) Pc IFrteitt
r t+ 1
Subscribed and sworn to before me this 1 C 44f,1 claYbf Ca . .i...
My commission expires ,.. `)e)
VI Ph MARY BETH DELORI i, #
k�'L� � -"�`
`' 00
�,geC. Notary Public,State of Te= NOTARY
1'(`t, Comm,Notary ID#287955-8 ,
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: a LLD, LLC
(� (f (Name of Contractor)
TO: 1 D c- POD t; r t 1(..,t.l6
(Owner)
REFERENCE CONTRACT NO.: P 93-011 / d 2 2 a 4
CONTRACT ENTERED INTO THE t DAY OF f:;c-ta (Acid 9)L1^3 BETWEEN THE
CITY- OF PORT ARTHUR AND 1 L L !V t LLe_
OF ��e a Limon I., TC. kix
FOR THE PROJECT 0 k.1 0..alabi .,C-ttat_00Pr! (}-Nyl'old-tt rJ�La,C 1. 4‘,1.01' 3
KNOW ALL MEN BY THESE PRESENTS:
1 ) P LL 1 C,,IC.. 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.) TAis Certificate is given in connection with the final payment under the contract between the Owner and
r `i ,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 (.0 day of
____ 0c), , -.
LLU LLC
i-7:i..1.:•::„*.. ki•`/h-.:td*...T.C...1.4..,.,.'..,..." ''•-_
,0 0 r i t t t p (Contractor)
tS {j, ...C.0„-- i
'vim -r `P BY: `
-v
r 1, - (Signature)
"I,,', .''�` (Printed Name/Title of Officer)
1-Warranty
lir
T.0 Ha r r►5 eL,ti ,being first duly sworn on oath,deposes and says,First,that,he/she is the
(Allard)
rt vtct.c "it of AL LODI LLC ,
(Title) (Name of Company)
Second,that he/s,he has read the foregoing certificate by him/l subscribed as P r c cA d te l '
(Title)
of 0 L-LC.C)i LLC
(Name of Company)
Affiant further states that the matters and things BEd herein are true.
4 .....„ .,/,,t,c:-
4,....... :,
A_ ' H0r-r- tStyv
i ��
Subscribed and sworn to before me this,er �' ;r?;1 `'v,,v
day of HC. 2 r '(1;1 3
My commission expires Li- ID, Al
'f,V flue MARY BETH DELORD 1 `-Y l C)1 f - t, 1 i k
c`i,�, Notary Public,State of Texas t NOTARY
� �y Comm.Expires 04-12-2027 t
' 'of''Sr Notary ID#287955-8 1
2-Warranty
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM:
,
TO: 1...� ( `ii f
KA CUk-- O'L Y-T1U
FOR: tN-Ltt 1212 katiacausi Pit 9 Mt, . tet, J. 'Acw-,3 0)3
REFERENCE CONTRACT NO. j 3-tfl h f P d 3't'-sip II ENTERED INTO THE I3t
DAY OF 4 . x-a c CL3 , L I3 BETWEEN THE CITY OF PORT ARTHUR
AND e,c) LLC_
(CONTRACTOR)
OF I3 1CYYLA , Ya.S
(CITY/STATE)
�� j.CTYL d o ntun ''L',� i �O
FOR: �;?.�1t!�.e��. ��5�.�1G1.-�t.�-
(PROJECT) ./
KNOW ALL MEN BY THESE PRESENTS:
1 TT 1.0. tAi r *` 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
t to 4ti, t day of ! - ;.. ;6 k 1 C..
t,,436 II IJYt,/le
i C f
w �
"<v (COMPANY NAME)
•
�rrr • (O R,SIGNAT E)
trll�
(PRINT)
SUBSCRIBED AND SWORN to before me this I \ day of CC-it kit
My commission expires Lf l " <L"11
(DATE)
it,1 phMARY BETH DELORD •
i,�: Notary Public,State of Texas (., ,
.�� comm.Expires 04-12-2027 4 114 1 , pL_Y. �✓
a� Notsiy D#287955-8
(NGYTARY PUBLIC)
NOTARY SEAT.
EXHIBIT E
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: ,203 - (AC) 6 \-eci
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: 0j to Q I a
t���M1 0 «�'#�� 4154 474 girl tak41-0124/.45 351.E
'�P - ls� ' Cc ,
111.11
Signature: �l.k. j '- •.�004 N4‘ yC p
Print: T W t--ict r r 1 SC)
Date: IC Its )0 3
A� ,e
6 \
ti
Sworn to and subscribed to me, a
Notary Public,this 1(0 f 1 day of L''aC:izith'i— , ,AD
� . Lk,
(*otary Public) r a� Y BETH OELQRO
*-: , �- Notary Pubic,Sale d Texas
My Commission Expires: 1-1_ I o�_ O d rlj ,s
t
j
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