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MEMORANDUM
To~
From:
Date:
Subject:
Mayor, City Council, City Manager
Floyd Batiste, CEO
July 26, 2007
P. R. No. 14297; Council Meeting of July 31, 2007
Attached is P. R. No. 14297 as it pertains to authorizing the City of Port Arthur
Section 4A Economic Development Corporation's CEO to execute Change Order No. 1 to the
contract between the City of Port Arthur Section 4A Economic Development Corporation and
Excavators & Constructors, Ltd. for construction of the Jade Avenue Extension, increasing the
contract amount by $835.49 to a new total of $246,295.34 and to execute a Certificate of
Acceptance for the Jade Avenue Extension Project. This was approved by the PAEDC Board of
Directors at their July 25, 2007 regular meeting. The streets in the Spur 93 Business Park have
not yet been accepted by the City; however, we expect to have this resolution presented at the
next Council Meeting.
z.pr14297
P.R. No. 14297
7/27/2007 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION'S CEO TO EXECUTE CHANGE ORDER
NO. 01 TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND EXCAVATORS &
CONSTRUCTORS, LTD FOR CONSTRUCTION OF THE
JADE AVENUE EXTENSION, INCREASING THE
CONTRACT AMOUNT BY $835.49 TO A NEW TOTAL OF
$246,295.34 AND TO EXECUTE A CERTIFICATE OF
ACCEPTANCE
WHEREAS, on April 5, 2007, the Port Arthur Section 4A Economic Development Corporation
entered into a contract with Excavators & Constructors, Ltd, for construction of the Jade Avenue
Extension inside the Business Park in the amount of $245,459.85; and
WHEREAS, the Project Engineer has recommended the approval of Change Order No. 01 in the
amount of $835.49 and for an extension of twenty-seven (27) days attached hereto as Exhibit "A",
which increases the scope of work Excavators & Constructors, Ltd contracted for by adding a sanitary
sewer manhole and sewer line at Triangle Waste Solutions and for steel pipe increase from delayed
Notice To Proceed; and
WHEREAS, the check in the amount of $10,688.17 from Triangle Waste Solutions attached
hereto as Exhibit "B" for the construction of the sanitary sewer manhole and sewer line at Triangle
Waste Solutions; and
WHEREAS, approval of Change Order No. 01 in the amount of $835.49 and the extension of 27
days, increasing the contract to a new amount of $246,295.34 and to a new term of 87 days, is herein
deemed an appropriate action; and
z,pr14297
WHEREAS, Excavators & Constructors, Ltd, has completed the Jade Avenue Extension
Project and desires that the Port Arthur Section 4A Economic Development Corporation accept the Jade
Avenue Extension to the Spur 93 Business Park; and
WHEREAS, the Port Arthur Section 4A Economic Development Corporation has received an
Engineer's Certificate of Completion dated July 20, 2007 (attached hereto as Exhibit "C"), Contractor's
Certificate of Guarantee (one year warranty) dated July 19, 2007 (attached hereto as Exhibit "D"), a
Contractor's Certificate and Release (attached hereto as Exhibit "E") and Final Pay Estimate No. 4
(attached hereto as Exhibit "F") certifying that the project has been completed; and
WHEREAS, representatives from the Public Works Department and Utility Operation's
Depaxhnent have inspected the completed roadway and drainage; and
WHEREAS, the EDC Board of Directors have approved the final payment and change order.
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.
THAT, the final payment and Change Order No. 01 is herein approved and the City of
Port Arthur Section 4A Economic Development Corporation's CEO is authorized to execute
Change Order No. 01.
THAT, the City of Port Arthur Section 4A Economic Development Corporation's CEO
is hereby authorized to execute a Certificate of Acceptance as denoted in Exhibit "G" for
ownership and maintenance of the street and drainage structures in the Jade Avenue Extension
Project, and is authorized to issue final payment.
THAT, a copy of the caption of this Resolution be spread upon the Minute of the City
Council.
z.pr14297
READ, ADOPTED AND APPROVED ON THE __ day of
A.D. 2007, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote:
AYES:
Mayor
City Council:
NOES:
DELORIS "BOBBLE" PR1NCE, MAYOR
Attest:
EVANGELINE GREEN, CITY SECRETARY
APPR_OV~D AS TO F~RM:
MARK T' S OKOL/O~ ~J~RN~E~ ~
APPROVED AS TO THE AVAILABILITY OF FUNDS:
REBECCA UNDERHILL
DIRECTOR OF FINANCE
z.prl4297
EXHIBIT ~'A~
Excavators & Cottstractors, Ltd.
8869 S. tlwy 69
Port Arthur; TX 77640
I'hmte: (409.) 721-6030
Ira.v: (409} 721-6037
May 14, 2007
Arceneaux & Gates
3501 Turtle Creek Drive, Suite 102
Port Arthur, TX 776zl2
All,l: Mr. Joe Wilson~ I'.E.
Ref: .,lade Average Extensio,t
Dear Mr. Wilson,
As previously discussed, due to delays fi'om bid date to notice to proceed, we have been notified that
some material costs bare increased.
Original quotations R>r paving baskets, and ,'e-info,'ce, nent, were effective for 60 days Ii'mn bid date,
Febrnary 6, 2007, and subject to change thereafter.
Enclosed m:e copies of quotes that reflect an increuse ot'$951.73 in cnst. Ao additional mark-up ot' 15%,
as allowed, generates a total of $1,094.49.
l'lease prepare, and approve, a change order lo cover lhis addilion.
Sincerely, //.
M.~ton C4wner
CHANGE ORDER NO. 1
July 19, 2007
Job No. EDC-030, Contract No. t
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $245.459.8fi
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $245.459.~5
The CONTRACT PRICE due to this CHANGE ORDER will be [increased]
by: $855.49 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $246.295.34
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 60 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 60 Calendar Days
CURRENT DATE OF COMPLETION: June 28.2007 .
CONTRACT TIME due to this CHANGE ORDER will be increased by :~? O~YI~
The New DATE OF COMPLETION: dulv 25. 2007
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:
Excavators & Constructore, Ltd.
ACCEPTED BY:
PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
2 of 2
CHANGE ORDER No. 1
DATE: July 20, 2007
JOB NO. EDC-030, Cona'act No. I
AGREEMENT DATE:
Avril 5. 2007
NAME OF PROJECT:
JADE AVENUE EXTENSION
OWNER: PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
CONTRACTOR: .EXCAVATORS & CONSTRUCTORS, LTD.
The following changes are hereby made to the CONTRACT DOCUMENTS:
I. Adjust the following Base Bid Items to reflect actual quantities used.
a. Bid Item No. 3, decrease quantity by 0.3 STA. [-] $ (728.40)
b. Bid Item No. 4, decrease quantity by 183 S,Y. [-] $ ¢8.170.95)
c. Bid Item No. 5 decrease quantity by 136 S.Y. [-] ~ (136.00)
d. Bid Item No. 6 decrease quantity by 136 S.Y.. [-] $ ¢544.00)
e, Bid Ilem No. 7 decrease quantity by 5,45 TON [-] $ (784.80)
f. Bid Item No. 8 increase quantity by 60 L.F. [+] $ 231.00
g. Bid Item No. 9 decrease quantity by 28 L.F. [-] ~ (107.80)
h. Bid Item No. t0 decrease quantity by 23 S.Y. [-] $ (747.~0)
i. Bid Item No. 13 decrease quantity by 3 L.F. [-] $ (206.85)
j. Bid Item No. 18 decrease quantity by 1 L.S. [-] $ (450.00)
2. Adjust the following Supplemental Items to reflect actual quantities.
a. Bid Item No. 19 decrease quantity by 500 LB.
b. Bid Item No. 20 decrease quantity by 2,5 C.Y.
c. Bid Item No. 21 increase quantity by 64,3 C,Y.
Add the following Items.
a. Sanitary sewer manhole and sewer line
at Triangle Waste I EA.
b. Steel price increase from delayed
Notice To Proceed 1 L.S.
[-] $ (375.00)
[-] $ {375.00)
[+] $ 2.636.30
[+] $ 9.500.00
[+] ~ 1,094,49
TOTAL ~ 835.49
Triangle Waste Manhole Jade Ave Extn.
Manhole Estimate Detail
Provide sanitary sewer Mahole to Trian, lewaste 1000 South Bus.
ITEM DESCRIPTION Unit Cluanti~ Unit Price .Total
' SDR-26 Pine
4" LF 0.76 0.00
8" LF 2.72 0.00
10" LF 5.00 0.00
12" LF 5.64 0.00
18" LF 11.14 0.00
6" C900 FM LF 1.99 0.00
Manhole - 4' EA 668.80 0.00
Manhole - 6' EA 840.70 0.00
Manhole - 8' EA 876.60 0.00
Manhole - 10' EA 1025.50 0.00
Manhole- 12' EA 1 1013.00 1,013.00
Ring & cover EA 1 175.71 175.71
DDT ditch bore LS
Hwy bore LS
Lift Station LS
Average depth FT
Backfill - pipe zone LF 4.00 0.00
Backfill - street LF -7.50 0.00
Backfill - open area LF -1.11 0.00
'Asphalt Pavement SY 25.00 0.00
C..._oncrete Pavement SY 50.00 0.00
4" Sewer Tap EA 300.00 0.0(
Material Total $1~188.71
Rental equipment
Labor & Eq. (Excavator) Days 1 9500.00 9,500.00
Subtotal $10,688.71
Contingencies 10% 0.00
Engineering 12% 10,688.71 0.00
Grand Total $10,688.71
I page 30-May-07 ,~?~v'~ ?;z~ .... ,
EXHIBIT
'7/15/2007'
PAY TO THE
$ 10,688.
ORDEROF Ecoi~OmicDevelopmentCenter ' **' 71
Ei Ei brand 711100 ........................... ~ ..... * ............................* ...... DOLLARS
Ten Thousand Six Hundred ghty- g
Economic Development: Center
MEMO
TRIANGLE WASTE SOLUTIONS LP
Economic Development Center
1875. Triangle Waste Properties
Provide Sanitary Sewer Manhole
7/15/2007
12636
10,688.71
Texas State Bank 10,688.71
EXHIBIT
&
GATES
ARCENEAUX & GATES
Consulting Engineers, Inc.
Engineers * Surveyors · Planners
Mr. Floyd Batiste, CEO
PORT ARTHUR E.D.C.
P.O. Box 3934
Port Arthur, Texas 77641
July 20, 2007
RECOMMENDATION for FINAl. PA YMBNT ;nd REI. EA~E of RETAINAGE
JADE AVENUE EXTENSION TO SERVE THE CITY OF PORT ARTHUR
Job No. EDC.030
Dear Mr. Batiste:
Attached for your records are the project completion documents for the Jade Avenue
Exension Project. These documents include the Engineer's Certificate of Completion,
Contractor's Certificate of Guarantee and the Contractor's Certificate of Release.
These documents were executed showing a balance due the Contractor from the Port Arthur
Economic Development Corp. This balance is the retainage withheld from the monthly
estimates as well *as any .payments due from completion of work. As stipulated in the
contract documents 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 Port Arthur Economic
Development Corp. be released to the Contractor and final payment made. This will result in
a final payment to EXCAVATORS & CONSTRUCTORS, LTD. from the Port Arthur Economic
Development Corp. in the amount of TWENTY THREE THOUSAND FOUR HUNDRED
FIFTY THREE Dollars and Ninety Eight Cents ($23,453.98). Should you have any
questions or require further information please do not hesitate to contact me at 409-724-
7888.
Sincerely,
One Turtle Creek Saua~e 3501 Turtle Creek Dr., Suite 102 Port Arthur, TX 77642 409/724-7888 FAX 409/724-1447
CONTRACT FOR CONSTRUCTION OF
JADE AVENUE EXTENSION
TO SERVE
PORT ARTHUR ECOMONIC DEVELOPMENT CORPORATION
OWNER:
Port Arthur EDC
4173 39th Street
P.O. Box 3934
Port Arthur, Texas 77641
CONTRACTOR:
Excavators & Constructors, Ltd.
8869 S. Hwy 69
Port Arthur, Texas 77640
A&G Job No.
A&G Construction Phase NO.
Monthly Estimate No.
Contract Amount
Change Order No. 1
Total Contract Amount
to Date:
Amount Pieced to Date:
Material on Hand Not
in Place:
Subtotal:
Less 0% Retainage:
Balance:
Less Amounts on
[*]
EDC-030
EDC-031
and FINAL
$ 245,459.85
$ 835.49
246,295.34
246,295.34
246,295.34
246,295.34
Date:
Estimate Period:
Contract Date:
Notice to Proceed:
Contract Time:
Approved Time Extensions:
Revised Contract Time:
Days to Date:
Original Completion Date:
Revised Completion Date:
Percent Time Used:
Percent Complete:
Previous Estimates:
TOTAL AMOUNT DUE
THIS ESTIMATE
Recommended for Approval:
$ 222,841.36
$ 23,453.98 '~ /~/)~
-/-ZO-o7
July 20, 2007
7/13/2007 7/~0/2007
April 5, 2007
April 30, 2007
60 Calendar Days
27 Days
87 Calendar Days
82 Days
June 28, 2007
July 25, 2007
94%
100%
ENGINEER~8 CERTIFICATE OF COMPLETION
Project:
JADE AVENUE EXTENSION
Date Of Issuance:
Owner(s):
JULY 20, 2007
PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
Owner's Project No.:
Engineer:
Contractor:
EDC-030, Contract No. 1
ARCENEAUX & GATES CONSULTING ENGINEERS, [NC.
EXCAVATORS & CONSTRUCTORS, [NC.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO
PORT, ARTHUR ECONOMIC DEVELOPMENT CORP.
[OWNER]
AND TO
EXCAVATORS & CONSTRUCTORS, INC.
[CON'~RACTOR]
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
Executed by Engineer on
OATE OF CO/JPLETION
'~o[~ 20 .2007
BY~R$, IllC,
[S~L]
1/I
EXHIBIT
CONTRACTOR'8 CERTIFICATE OF GUARANTEE
FROM:
TO:
EXCAVATORS & CONSTRUCTORS. LTD
PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
FOR: JADE AVENUE EXTENSION
REFERENCE CONTRACT NO. EDC-030, Contract No. I
APRIL, 2007
AND
OF
FOR:
ENTERED INTO THE 5TM DAY OF
BETWEEN THE PORT ARTHUR ECONOMIC DEVELOPMENT CORP.
EXCAVATORS & CONSTRUCTORS, LTD
PORT ARTHUR, TEXAS
JADE AVENUE EXTENSION
KNOW ALL MEN BY THESE PRESENT~:
1. EXCAVATORS & CONSTRUCTORS. LTD. does hereby guarantee all of the work done under the
above referenced contract to be fxee 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.
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.
This Certificate is given in connection of the final payment under the contract between the Owner
and EXCAVATORS & CONSTRUCTORS, LTD 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
troth of the matter contained in this affidavit.
1/2
of
IN WITNESS WHEREOF, the tmdersigned has signed and sealed this instrument this Iq day
~ l,, 20 07.
/
[CORPORATE SEAL]
EXCAVATORS& CONSTRUCTORS, LTD
(~ntmetor)
BY:
· being first duly sworn on oath, deposes and says, first that
second, that he has read the foregoing certificate by him subscribed as
Subscribed and swom to before me this
2o0~1
of EXCAVATORS & CONSTRUCTORS, LTD
Affiant further states that the matters and tlfings stated herein are tree.
Iq.g` day of ~q
(Affiant)
My commission expires
(Not~ty Pub~)
2/2
EXHIBIT
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM:
EXCAVATORS & CONSTRUCTORS, LTD.
(Name dCon~actoO
TO:
PORT ECONOMIC DEVELOPMENT CORPORATION
REFERENCE CONTRACT NO. EDC-030. Contract No. 1 ENTERED INTO THE 5t~
DAY OF APRIL, 2007
, BETWEEN THE PORT ECONOMIC DEVELOPMENT
CORPORATION
EXCAVATORS & CONSTRUCTORS, LTD.
(~m ~ con~otoO
OF PORT ARTHUR, TEXAS
(c~) (stm)
FOR THE
JADE AVENUE EXTENSION
KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certifies that there is due t~om, and payable by, the Owner to the
Contractor under the contract and duly approved Change Orders and modifications the balance of
TWENTY-THREE THOUSAND FOUR HUNORED FIFTY THREE and 98/100 ($23.455.98~
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) None
None
(d) None
(ltemizo claims and amounts due)
~fnone, so s~te)
The undersigned further certifies that all work required under this contract, including work required
under ChangeOrder(s)numbered 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 om of the performance
of this contract, and that the wage rates paid by the Cuntractor were in conformity with the contract
provisions relating to said wage rates.
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 I~ . day
of ~l~ ,2007.
[Or. ALl
BY:
EXCAVATORS & CONSTRUCTORS. LTD.
(Con~ct~)
(S~;n~r*a~iO~ce~' -
he is the
fftle) ~lanm of Company)
second, that he has read the foregoing certificate by him subscribed as
· being first duly sworn on oath, deposes and says, first, that
of EXCAVATORS & CONSTRUCTORS, LTD .
of
EXCAVATORS & CONSTRUCTORS, LTD
~lmne of Company)
Subscribed and sworn to before me this
:ooq
Affiant further states that lhe matters and things stated herein are true.
My commission expkes
(Date)
EXHIBIT "F"
MONTHLY ESTIMATE NO, 4 and FINAL
JADE AVENUE EXTENSION
A&G Job No. EDC-030
2007
Quantity Total
Item Description of Bid Item Approx. Unit This Quanlity Unit Amount This Total Amount
QTY Estimate To Date Price Estimate TO Date
Base Bid Itema
1. Mobilization 1 L.S. I $ 9,000.00 $ $ 9,000.00
2. Clearing and Gabbing I L.S, 1 $ 12,200.00 $ $ 12,200,00
3. Reedway Excavation2 6 STA. 5 $ 2,428.00 $ $ 12,140.00
4. 8, Pavement:~ 2617 SY. 2617 $ 44.85 $ $ 116,849105
5. Coml3acied Subgrade z 2889 SY. 2889 $ 1.00 $ $ 2,889.00
6. Maniputatlon of Lime ~ 2889 SY. 2889 $ 4.00 $ $ 11,558.00
7. Urne for Ststfilizallon z 60.95 TON 60.8§ $ 144.00 $ $ 8,719.20
8. B, Curb2 935 LF. 60 935 $ 3.85 $ 231,00 $ 3,509.75
9, Laydl3wn Curbz 0 L.F. 0 $ 3.85 $ $
10. 4-Sidewalkz 227 SY. 227 $ 32.50 $ $ 7,377.50
11, Type"C'Maobole 1 EA 1 $ t,650.00 $ $ t,650.00
12. Type"C" Inlet 2 EA 2 $ 2,040.00 $ $ 4,080.00
13. 24" Reinforced Con,ate Pipe 2 589 LF. 589 $ 68.95 $ $ 40,611.55
14. Demo 24" Relnfomed Concrete Pipe 125 LF. 125 $ 2.70 $ $ 337.60
15. Dema 8" Sanitary Sewer Svo. 1 EA 1 $ 256.00 $ $ 256.00
16. Extend Dralnege Swale 24 L.F. 24 $ 4.75 $ $ t14.00
t7. Seeding 1 L.S. 1 I $ 900.00 $ 900,00 $ 800.00
18. Relocate Electrical Conduit 2 0 L.S. 0 $ 450.00 $ $
19. Ex'Ira Reinforcing Steel ~ 0 LB 0 $ 0.75 $ $
20. Exlm Clas~"A" Concrete 1.2 2.5 C.Y. 2.5 ; $ 150.00 $ $ 375.00
21. Cement-q~,ht,~,~ Sand ~,z 74.3 C.Y. 74.3 $ 4t.00 $ $ 3,046.30
~" ': c~""ge o~der~
22. Change Order No. 1
Sanitary Sewer Manhole 1 EA I 1 $ 9,500.00 $ g,50D.00 $ 6,500.00
SteelPrlcelncmase t L$. I 1 $ 1,094.49 $ 1,094.49 $ 1,094.49
TOTAL $ 11,725,49 $ 246,295.34
~. ~'his item wes/n~re~ by:Engineer due to relocalion of ex!sting water line.
2. i~m quantities modified bY CHANGE ORDER NO. ~t
EXHIBIT
CERTIFICATE OF ACCEPTANCE
FOR
Ownership of Street Improvements and Drainage Structures
IN THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION
TO: Excavators & Constructors, Ltd
This is to certify that the City of Port Arthur Section 4A Economic Development
Corporation, accepts the completion of Jade Avenue Street extension and drainage
structures on the basis of the Engineer's Certificate of Completion as executed by
Arceneaux & Gates Consulting Engineers, Inc.; and the Contractor's Certificate of
Guarantee and Contractor's Certificate and Release, both as executed by M. J.
Braxton of Excavators & Constructors, Ltd.
FLOYD BATISTE
CEO OF EDC
Attest:
City Secretary