HomeMy WebLinkAboutPR 17691: CHANGE ORDER 10, ACCEPTANCE AND FINAL PAYMENT FOR WASTEWATER TREATMENT PLANT REHAB MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Floyd T. Johnson, City Manager FROM: Kelly Eldridge, Director of Utility Operations //pv,,,
DATE: May 14, 2013
SUBJECT: Proposed Resolution No. 17691
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 17691 authorizing the
execution of Change Order No. 10 (Final), and the acceptance of the project for the
Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, City Project No.
404WWT with ALLCO, Inc., of Beaumont, Texas, decreasing the contract amount by
$38,420.00, and increasing the contract time 14 calendar days, and authoring final payment
in the amount of $498,550.72.
BACKGROUND
The City is completing Phase II of our TCEQ- mandated Sanitary Sewer Rehabilitation
Program projects. In Phase I, we spent $15,000,000 in City bond funds, and later
appropriated an additional $10,000,000 in City bond funds to pay for Phase II. In 2009, the
City acquired a $15,080,000 ARRA grant administered by the TWDB to fund many of the
required projects. We awarded around $17,000,000 in contracts for the Phase II projects,
using our bond funds to cover the difference. The WWTP rehabilitation project was
originally awarded by Resolution No. 09 -512 on November 3, 2009, at $8,141,753 after
negotiating and reducing the original bid amount from $9,845,708. This was done by
removing several bid items in order to get closer to our ARRA/TWDB grant funding total.
However, in order to comply with the TCEQ- enforced Attorney General's Judgment, some
of these deleted items (and many others) needed to be addressed. The best method of
accomplishing these major work tasks was to include them into our existing contract. As
the project progressed and we discovered new deficiencies, it became apparent that we
were approaching the 25% change order limit allowed by law, and there were still many
additional tasks (including sludge removal) required to comply with the judgment and
complete the project. The engineer and the contractor developed a list of items to delete
from the existing contract and still complete the bulk of the contracted items until the sludge
can be removed from these units.
As a part of the Agreed Judgment between the City and the Texas Attorney General's
Office/TCEQ Enforcement Division, we were required to have our WWTP's evaluated for
deficiencies that have caused, or may cause, violations of our effluent permit. In order to
comply with this Judgment/enforcement action, these deleted items will need to be
completed under separate contract(s) in the immediate future.
We have conducted a Final Inspection of this project and A &G has issued an Engineer's
Certificate of Completion, and recommends acceptance and final payment. The
contractor has supplied a Contractor's Certificate and Release, and Certificate of
Guarantee on the project.
BUDGET /FISCAL EFFECT
We have already committed all of our available ARRA grant funds on current/completed
projects. Therefore, we are utilizing our existing bond funds that we allocated for this work
before the grant became available. This final Change Order decreases the contract amount
$38,420.00 and increases the contract time 14 days.
STAFF /EMPLOYEE EFFECT
City staff will continue to operate these facilities to the extent possible until the remainder of
the deficiencies can be corrected.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 17691.
P.R. No. 17691
05/14/13
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
CHANGE ORDER NO. 10 (FINAL), THE ACCEPTANCE OF
THE PROJECT, AND FINAL PAYMENT FOR THE
WASTEWATER TREATMENT PLANT REHABILITATION
PROJECT, CONTRACT NO. 5, BETWEEN THE CITY OF
PORT ARTHUR AND ALLCO, INC., OF BEAUMONT,
TEXAS, DECREASING THE CONTRACT AMOUNT BY
$38,420.00 AND INCREASING THE CONTRACT TIME 14
CALENDAR DAYS. ACCOUNT NO. 404 - 1625- 532.83 -00,
CITY PROJECT NO. 404WWT.
WHEREAS, the City entered into an Agreed Judgment with the Texas Attorney
General's Office and the TCEQ to rehabilitate its sanitary sewer system; and,
WHEREAS, there exists a need to upgrade and rehabilitate our collection system and
treatment plants in order to bring them into permit compliance and eliminate design deficiencies;
and,
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc., in coordination with
ALLCO, Inc., has prepared and recommends Change Order No. 10 to the contract in the total
amount of ($38,420.00), decreasing the contract amount from $10,009,434.48 to $9,971,014.48,
and increasing the contract time 14 calendar days;
WHEREAS, the work on this project is complete, a Final Inspection has been
conducted, and Arceneaux & Gates Consulting Engineers, Inc. has also issued an Engineer's
Certificate of Completion dated April 16, 2013 (attached as Exhibit `B "), and recommends
acceptance and final payment by the City; and,
WHEREAS, the contractor has executed a Contractor's Certificate and Release
(attached as Exhibit "C ") and a Contractor's Certificate of Guarantee (attached as Exhibit "D ")
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
P.R. No. 17691
05/14/13
Page 2 of 3
THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to
execute Change Order No. 10 (copy attached hereto as Exhibit "A ") to the contract for the
Wastewater Treatment Plant Rehabilitation Project, Contract No. 5 between the City and
ALLCO, Inc., of Beaumont, Texas, decreasing the contract amount by $38,420.00 and increasing
the contract time 14 calendar days, issue a Certificate of Acceptance for the project (attached as
Exhibit "E "), and authorizes final payment to ALLCO, Inc. in the amount of $498,550.72; and,
THAT, the City Secretary shall provide a certified copy of this Resolution to Arceneaux
& Gates Consulting Engineers for forwarding to the TWDB for processing and approval; 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
2013 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
•
AYES: Mayor
Councilmembers:
NOES:
Deloris Prince, Mayor
P.R. No. 17691
05/14/13
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizen
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson
City Manager
/e / .e /
Ross Blackketter, P.E.
Director of Public Works
C
Kell El l drid � -
Y g
Director of Utility Operations
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
APPROVED AS TO AVAILABILITY
OF FUNDS:
r
1 �
Deborah Echols
Director of Finance
Acct. No. 404 - 1625 - 532.83 -00
Project No. 404WWT
EXHIBIT A
(Change Order No. 10)
t'
ARCENEAIIX
GATES
CONSULTING
ENGINEERS, INC.
CHANGE ORDER No. 10
DATE: April 23, 2013 JOB NO. CPA -490, Contract No. 5
AGREEMENT DATE: November 13, 2009
NAME OF PROJECT: Main and Port Acres WWTP Rehabilitation to serve the Citv of Port Arthur
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: ALLCO
The following changes are hereby made to the CONTRACT DOCUMENTS:
Add the following Items to the Contract:
1. Delete Base Bid Item 3.1.2 for the Remove /Replace Fiberglass Grating. This item results in
a deduct of a total lump sum cost of $13,420.00.
SUBTOTAL ITEM 1 ( -) $13,420.00
2. Delete Base Bid Items 3.1.1 and 3.2.1 for the Replacement of Pneumatic Tanks. This item
results in a deduct of a total lump sum cost of $25,000.00.
SUBTOTAL ITEM 2 ( -) $25,000.00
3. Add 14 calendar days for weather delays. This item results in no additional cost to the
project.
TOTAL THIS CHANGE ( -) $38,420.00
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $8,141,753.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $10,009,434.48
The CONTRACT PRICE due to this CHANGE ORDER will be [increased} [decreased]
by: $38,420.00 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $9,971,014.48
Z:WRG ENGINEERINGWB,G PROJECTSICPA -4901CONTRACT 5 - MAIN W WTRADMINISTRATIONICONTRACT DOCUMENTS\CKANGE ORDERS\CHANGE ORDER
NO 101CHANGE ORDER NO 10.tlx
Change Order No. 10 1/2
CHANGE ORDER NO. 10
April 23, 2013
ARCENEAUX Job No. CPA -490, Contract No. 5
do
GATES
CON VLTING
rNa!NLtu, tNC.
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 450 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 977 Calendar Days
CURRENT DATE OF COMPLETION: October 13, 2012
CONTRACT TIME due to this CHANGE ORDER will be Increased by 14 Days
The New DATE OF COMPLETION: April 16. 2013
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 BY ENGINEER: ACCEPTED BY:
CaL_JD
ARCENEAUX & GATES [CONTRACTOR, OFFICER OR OWNER] T.W. HARRISION - PRESIDENT
CONSULTING ENGINEERS, INC. ALLCO
ACCEPTED BY:
CITY OF PORT ARTHUR
DASD ENGINEERINGIA&G PROJECTSICPA- 4901CONTRACT 5 - MNN VJWrP'AOMINISTRATIOMCONTRACT DOCUMENTS\CHANGE ORDERSICMANGE ORDER NO
101CHANGE ORDER NO 10.doc
Change Order No. 10 2/2
EXHIBIT "B"
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Main and Port Acres WWTP Rehabilitation
Date Of Issuance: April 23, 2013
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA - 491, Contract No. 5
Engineer: Arceneaux & Gates Consulting Engineers, Inc.
Contractor: AIIco, LTD. •
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, LTD.
[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 to the best of my knowledge on
Jii /4 7013
'DATE OF COMPLETION � ..■••■■eh
0
Executed by Engineer on / i P f , 2013 # ; � 1 _ . ' '9�' !e
CALVIN D. PROSEN
v 70405 .4 .1
0 ,4 1 / P z .. E !*; .447,
BY: 614.-70 %‘,. %/NAL
ARCENEAUX & GATES CONSULTING ENGINEERS, INC. [SEAL]
1/1
EXHIBIT "C"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ALLCO
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA- 490[1], Contract No. 5 ENTERED INTO THE 13
DAY OF NOVEMBER. 2009, BETWEEN THE CITY OF PORT ARTHUR AND ALLCO
OF BEAUMONT, TEXAS
(PRY) (State)
FOR THE MAIN AND PORT ACRES WWTP REHABILITATION
(Name of 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 modifications the balance of
Fnvr Hundred Ninrty -eight TThousand_Fivr Hundred Fifty pedlars and Sr■enty - 1wn Cents (S49R,550 72).
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) NIA
(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 thru Ten, 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 change 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 the amount stated in Paragraph 1
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 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.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 23RD day
of APRIL 2013
`% N CO s /it, •
[S -16d0.-.9.9.! . �.� ALLCO
� . ' . t? (Contractor)
\ a
BY:
. � (S T.W. HARRISON - PRESIDENT
/1/1, f *ttt■
T.W. HARRISON , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the PRESIDIIVT of ALLCO
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as PRESIDENT
(Title)
of ALLCO
(Name of Company)
Affiant further states that the matters and things stated herein are true.
T.W. RRIS ( Affiant) PRESIDENT
Subscribed and sworn to before me this 23RD day of APRIL
20 13
My commission expires 4 -12 -2015
(Date)
_ MARY IY.NN.V
�/_ rol.ry
t 4 ;;i Not as My Cot .6 2looni fires
t �FaF� t (Notary Publ •
2
EXHIBIT "D"
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ALLCO
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA - 490(491). Contract No.5
ENTERED INTO THE 13 DAY OF November. 2009 BETWEEN THE CITY OF PORT ARTHUR AND
ALLCO
OF BEAUMONT, TEXAS
{City) (state)
FOR THE MAIN AND PORT ACRES WWTP REHABILITATION to SERVE the CITY OF PORT
ARTHUR, CPA -491, CONTRACT NO. 5
KNOW ALL MEN BY THESE PRESENTS:
1. ALLCO 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 Engineer's Certificate of Completion.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and ALLCO 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.
1/2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 23RD day
of APRIL ,20 13 .
[coRPQ�3At` ALLCO
, f. ' (Contractor)
` '
' " ••„ 9 BY: TLOW1C.LIA03
r If o T.W. HARRISON - PRESIDENT
T.W. HARRISON , being first duly sworn on oath, deposes and says, first that
he is the PRESIDENT
second, that he has read the foregoing certificate by him subscribed as PRESIDENT
of ALLCO
Affiant further states that the matters and things stated herein are true.
I w
T.W. HARRISON - PRESIDENT
(Affiant)
Subscribed and sworn to before me this 23RD day of APRIL
20 13 .
My commission expires 4 -12 -2015
(Date)
Aa MARY BETH DELORD
aY
0 ���d= Nota Public, State Of Texas/ v
�- t My Commission 0 15/ !2 )'
(Notary Public)
2/2
l
EXHIBIT "E"
(Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE
FOR
WASTEWATER TREATMENT PLANT
REHABILITATION PROJECT, CONTRACT NO. 5
IN THE
CITY OF PORT ARTHUR
TO: ALLCO, Inc.
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the WASTEWATER
TREATMENT PLANT REHABILITATION PROJECT, CONTRACT NO. 5 on the basis
of the Engineer's Certificate of Completion by Calvin Prosen, P.E., of Arceneaux & Gates
Consulting Engineers, the Contractor's Certificate of Guarantee, and the Contractor's Certificate
and Release, executed by T.W. Harrison, President, of ALLCO, Inc.
Floyd T. Johnson
City Manager
ATTEST:
Sherri Bellard
City Secretary