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HomeMy WebLinkAboutPR 17729: RESCINDING RESOLUTIONS AND AUTHORIZING AMENDED CHANGE ORDERS FOR SEWER REHAB BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Floyd T. Johnson, City Manager FROM: Kelly Eldridge, Director of Utility Operations (i p ` / DATE: June 7, 2013 ` �` SUBJECT: Proposed Resolution No. 17729 RECOMMENDATION I recommend City Council approval of Proposed Resolution No. 17729 which rescinds Resolutions No. 11 -236, No.11 -482, No. 11 -541, No. 12 -269, and No. 12 -284, and authorizes amended Change Orders No. 4, 5, 6, & 7 and the acceptance of the project for the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & PA66, Contract No. 6, City Project No. 404PB6 from ALLCO, L.L.C., of Beaumont, Texas, and authorizes final payment. BACKGROUND This project was for the cleaning, television inspection, and rehabilitation of sanitary sewer mains in the areas shown in red below, plus a short section along Jimmy Johnson Blvd. near 9 Avenue. We conducted a final inspection on the project in April 2012 and Arceneaux & Gates Consulting Engineers issued an Engineer's Certificate of Completion. This is an ARRA/TWDB grant project. r — i„..}) �� ^.„,-l �,wa. cars WS, r 1 `tYf�\ �.c n f b ,. , " / r „ � y ._ _.. ..� /* , :: ' \.: , 1 � �� L ,_-_- -I 1 A,,,„,—. _;e:-.„ r, e ' t I R` , 1 ! ill g i illjt�ttHl itl4tj � s '� h?' h This project was originally awarded in November 2009 at $2,748,577. Over the 2+ year contract period, we authorized a total of seven (7) change orders due to extra work we found necessary along with changes in bid quantities. The last Change Order (adjustment of final quantities) put us over the 25% limit allowed by state law. In order to resolve this problem, the TWDB and our consulting engineer decided to amend Change Order No. 4 (Res. No. 11 -236) to remove some `emergency repair' item(s) added due to active sewer manhole failures discovered along WPA Road. TXDOT initially reported the problem and City forces confirmed the failures. Since ALLCO, L.L.C. was already working on a multi - million dollar project in Port Acres performing this type of work, we asked them to further investigate the scope. After televising the entire line, we found 24 manholes to be re- grouted, and a major failure at the DD #7 outfall ditch near our WPA Road lift station. While none of the subsequent Change Order amounts changed, the contract totals mentioned in those Change Orders has been amended to show the new total. Change Order No. Original Amount Proposed Contract amount $2,748,577.00 CO #1 $ 275,476.50 no change CO #2 $ 108,460.00 no change CO #3 $0 no change CO #4 $ (110,350.75) $ (162,428.68) CO #5 $ 306,678.87 $ 306,678.87 CO #6 $ 95,534.44 $ 95,534.44 CO #7 $ 60,119.00 $ 60,119.00 Total $3,484,495.06 $3,432,417.13 BUDGET/FISCAL EFFECT This action finalizes the project. STAFF/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17729. Ii P.R. No. 17729 06/07/13 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTIONS NO. 11 -236, NO. 11 -482, NO. 11 -541, NO. 12 -269, AND NO. 12 -284 AND AUTHORIZING AMENDED CHANGE ORDERS NO. 4, 5, 6, AND 7 AND THE ACCEPTANCE OF THE PROJECT FOR THE SANITARY SEWER REHABILITATION BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT, BASINS PA64C & PA66, CONTRACT NO. 6 FROM ALLCO, L.L.C., AND AUTHORIZES FINAL PAYMENT. ACCOUNT NO. 404-1625-532.83-00, PROJECT NO. 404PB6. WHEREAS, on October 20, 2009, by Resolution No. 09 -489, the City Council awarded the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & PA66, Contract No. 6, City Project No. 404PB6 to ALLCO, L.L.C.; and, WHEREAS, Change Order No. 4 (approved by Res. No. 11 -236 on June 14, 2011) included emergency repairs to several manhole failures along West Port Arthur Road; and, WHEREAS, Change Order No. 5 (Res. No. 11 -482), No. 6 (Res. No. 11 -541), and No. 7 (Res. No. 12 -269), each included the ongoing contract total, and Resolution No. 12 -284 accepted the project; and, WHEREAS, in order to remove the emergency repair line items from the contract in order to stay within the 25% change order limit, these Resolutions need to be rescinded; and, WHEREAS, Arceneaux & Gates Consulting Engineers has prepared amended Change Orders No. 4 (Exhibit "A "), No. 5 (Exhibit "B "), No. 6 (Exhibit "C "), and No. 7 (Exhibit "D "), along with an amended Final Pay Estimate (Exhibit "E "); and, WHEREAS, the work on this project was completed, a Final Inspection conducted, and Arceneaux & Gates Consulting Engineers issued an Engineer's Certificate of Completion dated May 16, 2012 (attached as Exhibit "F "), and recommends acceptance and final payment by the City; and, P.R. No. 17729 06/07/13 Page 2 of 3 8 WHEREAS, the contractor has executed a Contractor's Certificate and Release (attached as Exhibit "G ") and a Contractor's Certificate of Guarantee (attached as Exhibit "H "); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Council of the City of Port Arthur hereby rescinds Resolution No. 11- 236, No. 11 -482, No. 11 -541, No. 12 -269, and No. 12 -284 in their entirety; and, THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to execute amended Change Orders No. 4, No. 5, No. 6, and No. 7 (attached as Exhibit "A ", Exhibit "B ", Exhibit "C ", and Exhibit "D ", respectively) to the contract between the City of Port Arthur and ALLCO, L.L.C. for the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & 66, Contract No. 6, City Project No. 404PB6, amending the final contract amount to $3,432,417.13, and authorizes final payment; and, THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to issue a Certificate of Acceptance for the project (attached as Exhibit "I ") to ALLCO, L.L.C. for the Sanitary Sewer Rehabilitation by the Pipe Bursting and Sliplining Methods, Basins PA64C & 66, Contract No. 6, City Project No. 404PB6; 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 P.R. No. 17729 06/07/13 Page 3 of 38 following vote: AYES: Mayor • Councilmembers: NOES: .11 Deloris Prince Mayor ATTEST: APPROVE I I AS TO FORM: Sherri Bellard Valecia Ti ' o 0 City Secretary City Attorney APPROVED FOR ADMINISTRATION: Floyd T. Johnson Ross Blackketter, P.E. City Manager Director of Public Works APPROVED AS TO AVAILABILITY OF FUNDS: ad ate- �.�� -�' Kelly El dge Deborah Echols Director of Utility Operations Director of Finance Acct No.: 404 - 1625 - 532.83 -00, Project No.: 404PB6 P.R. No. 17729 06/07/13 Page 4 of 3 8 EXHIBIT "A" (Change Order No. 4) ARCENEAUX GATES CONSULTING ENGINEERS, INC. CHANGE ORDER No. 4 DATE: May 30, 2013 JOB NO. CPA -490 -6 AGREEMENT DATE: November 13, 2009 NAME OF PROJECT: SANITARY SEWER REHABILITATION by PIPE BURSTING and SLIP LINING METHODS, BASINS PA64C & 66 OWNER: City of Port Arthur CONTRACTOR: ALLCO, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Add the following Items to the Contract Documents and Technical Specifications: A. Clean and TV 1820 If. of 27" Sanitary Sewer Located along Pat Street per ALLCO's Proposal dated May 27, 2011 (attached). [ +] $ 29,156.40 B. Clean and TV 702 If. Sanitary Sewer Siphons. Located at end of Pat Street per ALLCO's Proposal dated May 27, 2011 (attached). [ +] $ 21,839.22 C. Sanitary Sewer System Repairs Located at 9 Ave. and Jimmy Johnson Blvd. per ALLCO's Proposal dated May 27, 2011 (attached). [ +] $ 177,739.27 D. Add 2883 If, Pipe Bursting 8" to 8.625 "AII Depths, SDR 19. [ +] $ 94,966.02 E. Add 1315 If, Pipe Bursting 10" to 12.725 ", All Depths, SDR 19 [ +] $ 49,970.00 CHANGE ORDER NO. 4 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. F. Clean and TV 976 If. of 27" Sanitary Sewer Located adjacent to Pat Street. [ +] $ 8,286.24 SUBTOTAL [ +1 $ 38t957.15 2. Delete the following Items to the Contract Documents and Technical Specifications: A. Bid Item No. 6 Replacement Beyond Point Repair 8 -12" Sewer, Over 10' Deep, Over 10' in Length [ -] $ 32,000.00 B. Bid Item No. 7 Slip lining: 8 " Sewer, All Depths, SDR 21. [ -] $ 165,000.00 C. Bid Item No. 11 Pipe Bursting: Existing 12" to 16.00" OD All Depths, SDR 19, Complete in Place [ -] $ 42,000.00 D. Bid Item No. 12 Removal & Replacement of Wood /Chain Link Fence, All Heights, Std. New Materials. Pre - Approved. [ -] $ 15,000.00 E. Bid Item No. 26 New Standard Manhole 5' to 8' Depth Complete with Connections. [ -] $ 22,000.00 F. Bid Item No. 27 Extra Height Manhole Over 8' Depth Complete with Connections. [ -] $ 1,050.00 G. Bid Item No. 28 Additional Manhole Base in Wet Sand with Piles. [ -] $ 7,500.00 H. Bid Item No. 30 Re- Connect Service Connections including Stack to liner, Up to 10' Depth and 10' Distance. 464 ea @ $350.00. [ -] $ 162,400.00 I. Bid Item No. 31 Re- Connect Service Connections including Stack to liner, Over 10' Depth and 10' Distance. [ -] $ 40,000.00 2 of 4 CHANGE ORDER NO. 4 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. J. Bid Item No. 36 Extra Concrete 3500 psi with & without Reinforcement. [ -] $ 7,500.00 K. Bid Item No. 37 Extra Excavation with Machine, Pre - Approved. [ -] $ 45,000.00 L. Bid Item No. 39 Bypass Pumping Per Section 01005. [ -] $ 18,750.00 M. Bid Item No. 40 Groundwater Dewatering Per Section 01006. [ -] $ 7,500.00 SUBTOTAL ($ 565,700.00) TOTAL ($ 183,742.85) BID ADJUSTMENT FACTOR [X] 0.884 TOTAL ADJUSTED BID ($ 162,428.68) 3 of 4 CHANGE ORDER NO. 4 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $2,748,577.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $3,132,513.50 The CONTRACT PRICE due to this CHANGE ORDER will be { increascd] [decreased] by: $162,428.68 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $2,970,084.82 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 550 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 550 Calendar Days CURRENT DATE OF COMPLETION: August 13, 2011 CONTRACT TIME due to this CHANGE ORDER will be increased by 183 Days The New DATE OF COMPLETION: March 17, 2012 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: ARCEN 4 X & GATES [C•NTRA OR, OFFICER OR OWNER] CONSU ING ENGINEERS, INC. ALLCO, Inc. ACCEPTED BY: CITY of PORT ARTHUR 4 of 4 P.R. No. 17729 06/07/13 Page 9 of 38 EXHIBIT `B" (Change Order No. 5) ARCENEAUX GATES CONSULTING ENGINEERS, INC. CHANGE ORDER No. 5 DATE: May 30, 2013 JOB NO. CPA -490 -6 AGREEMENT DATE: November 13, 2009 NAME OF PROJECT: SANITARY SEWER REHABILITATION by PIPE BURSTING and SLIP LINING METHODS, BASINS PA64C & 66 OWNER: City of Port Arthur CONTRACTOR: ALLCO, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Delete the following Items and /or quantities from the Contract Documents and Technical Specifications: A. Bid Item No.1, Cleaning: 8 " -12" Sewer All Depths, 8,476 L.F. @ $1.50. [ -] $ 12,714.00 B. Bid Item No. 2, TV Inspection 8 " -12" Sewer All Depths, 8,476 L.F. @ $1.30. [ -] $ 11,018.80 C. Bid Item No. 4, Replacement Beyond Point Repair 8 " -12" Sewer, up to 10' Deep, Over 6' Length 2,850 L.F. @ $27.00. [ -] $ 76,950.00 D. Bid Item No. 5, Point Repair 8 -12" Swr, 8 " -12" Swr,Over 10' Deep Upto10' in Length 5 EA. @ $1,500. [ -] $ 7,500.00 E. Bid Item No. 9, Pipe Bursting 8 " -10" to 10.75" OD All Depths, SDR 19, Complete in Place. 324 L.F. @ $32.00. [ -] $ 10,368.00 F. Bid Item No. 10, Pipe Bursting 10" to 12.75" OD All Depths, SDR 19, Complete in Place. 10,101 L.F. @ $37.00. [ -] $ 373, 737.00 G. Bid Item No. 14, Removal & Replacement, SW /DW incl. Reinforcement,Base, Pre Approved 892 S.F. @ $6.00 [ -] $ 5,352.00 CHANGE ORDER NO. 5 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. H. Bid Item No. 16, Removal & Replacement, Semi -Rigid Base Course 425 S.F. @ $2.00 [ -] $ 850.00 I. Bid Item No. 17, Removal & Replacement, Concrete Curb and Gutter. 1,000 L.F. @ $3.00. [ -] $ 3,000.00 J. Bid Item No. 20 Flagmen for Traffic Control Uniformed Peace Officer 100 HR. @ $ 25.00 [ -] $ 2,500.00 K. Bid Item No. 22, Adjust/Reset Manhole Cover up to 12 ", using Existing Frame and Cover 10 EA. @ $ $200.00 [ -] $ 2,000.00 L. Bid Item No. 23, Adjust/Reset Manhole Cover up to 12 ", using New Frame and Cover 10 EA. @ $400.00. [ -] $ 4,000.00 M. Bid Item No. 24, Adjust /Reset Manhole Cover Over 10' Depth. 30 V.F. @ $25.00. [ -] $ 750.00 N. Bid Item No. 25, New Shallow Manhole up to 5' Depth, Complete with Connections. 5 EA. @ $1,200.00. [ -] $ 6,000.00 O. Bid Item No. 29, Rehab of Manhole Wall with one inch Coating Liner material of approved mix Design 536 V.F. @ $ 95.00 [ -] $ 50,920.00 P. Bid Item No. 30, Re- Connect Service Connections Including Stack to Liner, up to 10' Depth And 10' Distance. 352 EA. @ $350.00. [ -] $ 123,200.00 Q. Bid Item No. 34, Design of Trench Safety 1 LS. @ $5,000.00. [ -] $ 5,000.00 R. Bid Item No. 35, Trench Safety System, All Types of Soils Over 5' 2,500 L.F. @ $5.00. [ -] $ 12,500.00 2 of 6 CHANGE ORDER NO. 5 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. S. Bid Item No. 38, Extra Excavation by Hand, Hand, Pre - Approved. 100 C.Y. @ $75.00. [ -] $ 7,500.00 T. Bid Item No. 46, Clean and TV 30 "/36" Sewer Main. 1,760 L.F. @ $9.86. [ -] $ 17, 353.60 U. Bid Item No. 53, Pipe Bursting 8" to 8.625 " OD All Depths , SDR 19, Complete in Place 45 L.F. @ $32.94. [ -] $ 1,482.30 V. Bid Item No. 54, Pipe Bursting 10" to 12.750" OD All Depths , SDR 19, Complete in Place 626 L.F. @ $38.00. [ -] $ 23,788.00 2. ADD the following Items and /or quantities to the Contract Documents and Technical Specifications: W. Bid Item No. 3, POINT REPAIR 8 -12" Swr, Upto 10' Deep and 6' in Length 6 EA. @ $1,000.00. [ +] $ 6,000.00 X. Bid Item No. 6, 8 " -12" Sewer, Over 10' Deep, Over 10' in Length 22 L.F. @ $32.00. [ +] $ 704.00 Y. Bid Item No. 8, Pipe Bursting: 8" to 8.625" OD All Depths, SDR 19, Complete in Place. 11,086 L.F. @ $29.00. [ +] $ 321,494.00 Z. Bid Item No. 13, Removal & Replacement of 4- 1/2" Concrete SW incl. Reinforcement, Base, Pre Approved 685 S.F. @ $4.50. [+1 $ 3,082.50 AA. Bid Item No. 15, Removal & Replacement of up to 2" Hot -Mix Asphaltic Conc. (Type D), including Tack Coat. 18,009 S.F. @ $3.50. [ +] $ 63,031.50 3 of CHANGE ORDER NO. 5 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. BB. Bid Item No. 18, Saw Cut (Not with Jack Hammer) Conc /Asph Pavements All Depths, As Needed. 5,479 L.F. @ $1.50. [ +] $ 8,218.50 CC. Bid Item No. 19, Cement Stabilized Sand Backfill 1.64 Tons /CY, Extra or Approved Alternate. 10,132 Tons @ $25.00. [ +] $ 253, 300.00 DD. Bid Item No. 21, Obstruction Removal 8 " -12' Sewer, All Depths, by Excavation 31 EA. @ $400.00. [ +] $ 12,400.00 EE. Bid Item No. 30, Re- Connect Service Connections Including Stack to Liner, up to 10' Depth And 10' Distance. 464 EA. @ $350.00. [ +] $ 162,400.00 FF. Bid Item No. 31, Re- Connect Service Connections Including Stack to Liner, over 10' Depth, 10' Distance Stack to Liner, Over 10' Depth and 10' Distance. 1 EA. @ $400.00. [ +] $ 400.00 GG. Bid Item No. 32, Re- Connect Service Connections Beyond 10' Distance. 2047 L.F. @ $25.00. [ +] $ 51,175.00 HH. Bid Item No. 33, Install New Cleanout Beyond 10' Distance. 119 EA. @ $150.00. [ +] $ 17,850.00 II. Bid Item No. 41, Near Side Services, 0' -10' 135 EA. @ $600.00. [ +] $ 81,000.00 JJ. Bid Item No. 42, Near Side Services, >10' 5 EA. @ $675.00. [ +] $ 3,375.00 KK. Bid Item No. 43, Far Side Services, 0' -10' 99 EA. @ $1,125.00. [ +] $ 111,375.00 LL. Bid Item No. 44, Far Side Services, >10' 4 EA. @ $1,175.00. [ +] $ 4,700.00 4 of 6 it CHANGE ORDER NO. 5 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. MM. Bid Rem No. 45, End of Line Cleanouts 7 EA. @ $700.00. [ +1 $ 4,900.00 SUBTOTAL $ 346,921.80 BID ADJUSTMENT FACTOR [X] 0.884 TOTAL ADJUSTED BID $ 306,678.87 5 of 6 L CHANGE ORDER NO. 5 e May 30, 2073 ARCENEAUX Job No. CPA -490, Contract No. 6 & GATES CONSULTING ENGINEERS, INC. CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $2,748,577.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $2,970,084.82 The CONTRACT PRICE due to this CHANGE ORDER will be [increased] {deer used] by: $306,678.87 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $3,276,763.69 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 550 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 550 Calendar Days CURRENT DATE OF COMPLETION: March 17, 2012 CONTRACT TIME due to this CHANGE ORDER will be increased by 0 Days The New DATE OF COMPLETION: March 17, 2012 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: L.d !.... ..rai/ ARCENEA & GATES [ ONTRACTOR, �FICER OR NER] CONSUL G ENGINEERS, INC. ALLCO, Inc. ACCEPTED BY: CITY of PORT ARTHUR 6 of 6 I P.R. No. 17729 06/07/13 Page 16 of 38 EXHIBIT "C" (Change Order No. 6) ARCENEAUX GATES CONSULTING ENGINEERS, INC. CHANGE ORDER No. 6 DATE: May 30, 2013 JOB NO. CPA - 490 - AGREEMENT DATE: November 13, 2009 NAME OF PROJECT: SANITARY SEWER REHABILITATION by PIPE BURSTING and SLIP LINING METHODS, BASINS PA64C & 66 OWNER: City of Port Arthur CONTRACTOR: ALLCO, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. ADD the following Items and /or quantities to the Contract Documents and Technical Specifications: A. 1 EA. 60 -Inch Fiberglass Manhole ($32,007.87/EA.) [ +] $ 32,007.87 B. 138 L.F. 10 -Inch Sanitary Sewer Main ($ 361.18/L.F.) [ +] $ 49,842.76 C. Bid Item No. 29, Rehab of Manhole Wall with one inch Coating Liner material of approved mix Design 276 V.F. @ $ 95.00 [ +] $ 26,220.00 SUBTOTAL $ 108,070.63 BID ADJUSTMENT FACTOR [X] 0.884 TOTAL ADJUSTED BID $ 95,534.44 CHANGE ORDER NO. 6 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $2,748,577.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $3,276,763.69 The CONTRACT PRICE due to this CHANGE ORDER will be [increased] [decreased] by: $95,534.44 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $3,372,298.13 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 550 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 550 Calendar Days CURRENT DATE OF COMPLETION: March 17, 2012 CONTRACT TIME due to this CHANGE ORDER will be increased by 0 Days The New DATE OF COMPLETION: March 17, 2012 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: ARCENEA & GATES [CONTR CTOR, OFFICER OR OW R] CONSUL G ENGINEERS, INC. ALLCO, Inc. ACCEPTED BY: CITY of PORT ARTHUR 2of2 P.R. No. 17729 06/07/13 Page 19 of 38 EXHIBIT "D" (Change Order No. 7) ARCENEAUX GATES CONSULTING ENGINEERS, INC. CHANGE ORDER No. 7 DATE: May 30, 2013 JOB NO. CPA -490 -6 AGREEMENT DATE: November 13, 2009 NAME OF PROJECT: SANITARY SEWER REHABILITATION by PIPE BURSTING and SLIP LINING METHODS, BASINS PA64C & 66 OWNER: City of Port Arthur CONTRACTOR: ALLCO, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Delete the following Items and /or quantities from the Contract Documents and Technical Specifications to reflect actual quantities used: A. Bid Item No.3, Point Repair 8 " -12" Sewer Up to10'Deep and 6' in Length 2 EA. © $1,000.00. [ -] $ 2,000.00 B. Bid Item No. 13, Removal & Replacement of 4- 1/2" Concrete SW incl. Reinforcement, Base, Pre Approved 1,311 S.F. @ $4.50. [ -] $ 5,899.50 C. Bid Item No. 15, Removal & Replacement of up to 2" Hot -Mix Asphaltic Conc. (Type D), including Tack Coat. 2,864 S.F. @ $3.50. [ -] $ 10,024.00 D. Bid Item No. 18, Saw Cut (Not with Jack Hammer) Conc /Asph Pavements, All Depths, As Needed. 239 L.F. @ $1.50. [ -] $ 358.50 E. Bid Item No. 29, Rehab of Manhole Wall with 1 -Inch Coating Liner Material of Approved Mix 58 V.F.. @ $95.00. [ -] $ 5,510.00 F. Bid Item No. 40, Ground Water Dewatering Per Section 1006 7.5 Set -Up @ $3,000. [ -] $ 22,500.00 SUBTOTAL [ -] $ 46,292.00 CHANGE ORDER NO. 7 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. 2. ADD the following Items and /or quantities to the Contract Documents and Technical Specifications: G. Unused 30 -Inch Sewer Pipe (Special order unable to return, delivered to the City of Port Arthur's Warehouse) [ +] $ 5,032.22 SUBTOTAL ( +] $ 5,032.22 3. ADD the following adjustments to the contract value: H. Double factored difference from Change Order No. 2, Bid Item No. 46. I. Bid Item that was not Modified Correctly from Change Order No. 1, 4 and 5 Bid Item No. 30. J. Bid Item that was not Modified Correctly from Change Order No. 1, 4 and 5 Bid Item No. 31. SUBTOTAL [ +] $ 109,267.70 SUBTOTAL $ 68, 007.92 BID ADJUSTMENT FACTOR [X] 0.884 TOTAL CHANGE TO CONTRACT $ 60,119.00 2 of 3 CHANGE ORDER NO. 7 May 30, 2013 ARCENEAUX Job No. CPA -490, Contract No. 6 GATES CONSULTING ENGINEERS, INC. CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $2,748,577.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $3,372,298.13 The CONTRACT PRICE due to this CHANGE ORDER will be [increased] {dccreascd] by: 60,119.00 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $3,432,417.13 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 550 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 767 Calendar Days CURRENT DATE OF COMPLETION: March 17, 2012 CONTRACT TIME due to this CHANGE ORDER will be increased by 75 Days The New DATE OF COMPLETION: May 31, 2012 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: ARCEN A X & GATES [C NTR C ,0 FICER OR OWNS CONSUL ING ENGINEERS, INC. ALLCO, Inc. ACCEPTED BY: CITY of PORT ARTHUR 3 of 3 P.R. No. 17729 06/07/13 Page 23 of 38 EXHIBIT "E" (Final Pay Estimate) MONTHLY PROGRESS PAYMENT For CONSTRUCTION OF SANITARY SEWER REHABILITATION OF SANITARY SEWER REHABILITATION BY PIPE BURSTING & SLIPLINING METHODS BASINS PA64C & 66 Job No. CPA -490 -6 Contract No. 1 PAYABLE TO: ALLCO OWNER: City of Port Arthur CONTRACTOR: ALLCO 444 4th Street P.O. Box 3684 P.O. Box 1089 Beaumont, TX 77704 Port Arthur, TX 77640 A &G Job No. CPA -490 -6 Date: May 30, 2013 1 A &G Construction Phase No. CPA -490 -6 Estimate Period: 3/18/2012 - 5/31/2012 Monthly Estimate No. 25 (FINAL) Contract Date: November 13, 2009 Contract Amount $ 2,748,577.00 Notice to Proceed: February 10, 2010 Change Orders: No. 1 $ 275,476.50 Contract Time: 550 Calendar Days No.2 $ 108,460.00 No.3 $ - No. 4 $ (162,428.68) Approved Time Extensions: 292 Days No. 5 $ 306,678.87 No. 6 $ 95,534.44 No. 7 $ 60,119.00 Total Contract Amount to Date: $ 3,432,417.13 Revised Contract Time: 842 Calendar Days Amount Completed to Date: $ 3,432,417.13 Days to Date: 533 Days Materials on Hand: $ - Original Completion Date: August 13, 2011 Subtotal: $ 3,432,417.13 Revised Completion Date: May 31, 2012 0% Retainage: $ - Percent Time Used: * 63% Balance: $ 3,432,417.13 Percent Complete: " 100% Less Amounts on Previous Estimates: $ 3,260,796.27 TOTAL AMOUNT DUE THIS $ 171,620.86 • TEXAS REGISTERED ENGINEERING FIRM " Through Substantial Completion May 31, 2012 ` * F -30 * — .`t OF 7 F N Recommended for Approval: s a ° �.@'.• • • * IL T. 1 �` • % JOE M. 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IT O o as a) m U Fi r- a) t m u) o) t m W CO. N u) c 0) tett as m w W of p .m. E C b t.1 U V V ' m F m o o m m E A p G cii P.' a ` ) m b 'p '0 19 re t/) m 0 O N W 4:u a W a 4- d d m t (n C V) C Q M c 0 y Z M Z X cc � -g a) cc a) W co 0) m W V) '* > ,, '�, Z 2)Z2 m 0 m > 0 .c . w v r m c 0 C C O G . m E a o o w m I in n E z c 7>> 3 v ) O O Q O O Q O c o cc 0 M 0000 w) Z (0 ,n i0) 0) 0) co ' N cn V P.R. No. 17729 06/07/13 Page 29 of 3 8 EXHIBIT "F" (Engineer's Certificate of Completion) ENGINEER'S CERTIFICATE OF COMPLETION Project: Sanitary Sewer Rehabilitation by Pipe Bursting and Slip Lining Methods, Basins PA64C & 66 to Serve the City of Port Arthur Date Of Issuance: May 16, 2012 Owner(s): CITY OF PORT ARTHUR Owner's Project No.: CPA -490, Contract No. 6 Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC., A BURROW GLOBAL COMPANY Contractor: ALLCO, L.L.C. 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, L.L.C. [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 May 16, 2012 dor ..... ore IN DATE OF COMPLETION . ' � ' � l � • • .... 1. � Executed by Engineer on 5'1(o , 2012 JOE M. WILSON, JR. f - 920S7 \CENS* BY: ARCEN UX GATES CO NG ENGINEERS, INC. 1 ►L) 1/I P.R. No. 17729 06/07/13 Page 31 of 38 EXHIBIT "G" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ALLCO, L.L.C. (Name of Contractor) TO: CITY OF PORT ARTHUR town REFERENCE CONTRACT NO. CPA - 490, CONTRACT NO. 6 ENTERED INTO THE 13 DAY OF NOVEMBER, 2009, BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, L.L.C. (Name of Contractor) OF BEAUMONT, TEXAS (CIty) is ) FOR THE: SANITARY SEWER REHABILITATION by SLIP LINING METHODS, BASINS PA64C & 66 TO SERVE THE CITY OF PORT ARTHUR 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 ONE HUNDRED SEVENTY FOUR THOUSAND TWO HUNDRED TWENTY FOUR Dollars and SEVENTY FIVE Cents ($ 174,224.75) 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) (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 1 -7 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. 1/2 i 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 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. TN IN WI , SS WHEREOF, the undersigned has signed and sealed this instrument this /02A-day of , 2012. (CORPORA s }� ,, ALLCO, L.L.C. (Contractor) J z . V 6 .l O� . BY: J )t_ ,,,,.i.CV (Keith sand) 1 Keith Burrell , being first duly sworn on oath, deposes and says, first, that (Keith sum) he is the Vice President of ALLCO. L.L.C. (Title) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Vice President PM of ALLCO, L.L.C. (Name of Company) Affiant further states that the matters and things stated herein are true. ,�c� °' (K ' am�q r Subscribed and sworn to before me this 1 day of 1 , 2012. My commission expires t/3/c9 7 0 /.. • 8 VI A, , .-..-(1 '''' / / i N C Pu ) ( N 2/2 P.R. No. 17729 06/07/13 Page 34 of 38 EXHIBIT "H" (Contractor's Certificate of Guarantee) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: ALLCO, L.L.C. (Name of Contractor) TO: CITY OF PORT ARTHUR REFERENCE CONTRACT NO. CPA - 490(491), Contract No.6 ENTERED INTO THE 13 DAY OF November, 2009 BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, L.L.C. OF BEAUMONT, TEXAS (Ctr) (State) FOR THE SANITARY SEWER REHABILITATION by PIPE BURSTING and SLIP LINNING METHODS, BASINS PA64C & 66 to SERVE the CITY OF PORT ARTHUR, CPA -490, CONTRACT NO. 6 LOCATED IN THE CITY OF PORT ARTHUR, TEXAS KNOW ALL MEN BY THESE PRESENTS: 1. ALLCO. L.L.C. 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. L.L.C. 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 W SS WHEREOF, the undersigned has signed and sealed this instrument this /44_ day of , 2012. (CORPORATE SEAL.) ALLCO, L.LC. (Contractor) BY: , Vice President (Keith Bowel) 1/2 f Keith Burrell, being first duly sworn on oath, deposes and says, first that he is the Vice President of ALLCO, L.L.C. (Title) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Vice President (Title) of ALLCO, L.L.C. (Name of Company) Affiant further states that the matters and things stated herein are true. (Keith Barre r f Subscribed and sworn to before me this 1 (Pjy day of ryt/ , 2012. r My commission expires: /� ( /c-c a) (c ) i AMAME 0 DRAKE Ii 41 f Cam' i' :.• *�. r •' ME OF TEXAS "' hamS129, 2015 1 2/2 r P.R. No. 17729 06/07/13 Page 37 of 38 EXHIBIT "I" (Certificate of Acceptance) 4 P.R. No. 17729 06/07/13 Page 38 of 38 CERTIFICATE OF ACCEPTANCE FOR SANITARY SEWER REHABILITATION BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT, BASINS PA64C & PA66, CONTRACT NO. 6 IN THE CITY OF PORT ARTHUR TO: ALLCO, L.L.C. Date: Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the SANITARY SEWER REHABILITATION BY THE PIPE BURSTING AND SLIPLINING METHODS PROJECT, BASINS PA64C & PA66, CONTRACT NO. 6 on the basis of the Engineer's Certificate of Completion by Joe M. Wilson, Jr., P.E., of Arceneaux & Gates Consulting Engineers, the Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed by Keith Burrell, Vice President, of ALLCO, L.L.C. Floyd T. Johnson City Manager ATTEST: Sherri Bellard City Secretary