HomeMy WebLinkAboutPR 19005: CHANGE ORDER NO. 4 SETEX CONSTRUCTION CORP. P. R. No. 19005
05/15/15 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE CHANGE ORDER NO. 4 (INCREASING THE TIME BY
21 DAYS) TO THE CONTRACT BETWEEN THE CITY OF PORT
ARTHUR AND SETEX CONSTRUCTION CORP. OF
BEAUMONT, TEXAS, DUE TO UNFORESEEN WEATHER
CONDITIONS, TO A NEW TERM OF 168 DAYS, AT NO
ADDITIONAL COST AND TO ACCEPT THE ARCHITECT'S
CERTIFICATE OF SUBSTANTIAL COMPLETION FROM THE
LABICHE ARCHITECTURAL GROUP, INC. FOR THE
IMPROVEMENTS TO MONTROSE PARK AND LYON'S PARK
WHEREAS, per Resolution No. 14-511, the City Council awarded a contract for
the improvements to Lincoln Park, Montrose Park and Lyon's Park; and,
WHEREAS, the improvements began on October 28, 2014, with a contract time of
85 calendar days and an ending date of February 14, 2015; and,
WHEREAS, per Resolution No. 15-041, the City Council awarded Change Order
No. 1 to increase the time of the contract by 30 days; and,
WHEREAS, per Resolution No. 15-157, the City Council awarded Change Order
No. 2 to increase the time of the contract by 11 days and Change Order No. 3 to increase the time
of the contract by 21 days the purchase order issued for the project has a completion date of
March 16, 2015; and,
WHEREAS, SeTEX Construction Corp. has requested a time extension of 21
calendar days to their contract for a delay due to unforeseen weather conditions which caused the
area to be muddy; and,the current contract will expire on April 30, 2015; and,
WHEREAS, The LaBiche Architectural Group, Inc. has examined the request and
recommends proposed Change Order No. 4 in the amount of 21 calendar days to be added to the
contract time for SeTEX Construction Corp., said Change Order No. 4 being attached as Exhibit
"A"; and
P. R. No. 19005
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WHEREAS, the new ending date for SeTEX Construction Corp.'s contract would
be April 30, 2015; and,
WHEREAS, the improvements to Montrose Park and Lyon's Park
are now substantially complete and have met all of the required building codes, zoning
requirements, inspections, etc., as delineated in the Code of Ordinances of the City of Port
Arthur; and,
WHEREAS, the City of Port Arthur has been presented a Certificate of Substantial
Completion for Montrose Park attached hereto as Exhibit "B" and a Certificate of Substantial
Completion for Lyon's Park attached hereto as Exhibit"C"; and,
WHEREAS, staff recommends to City Council that the City Manager be
authorized to accept said Certificate of Substantial Completion as delineated herein; now
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager of the City of Port Arthur is hereby
authorized and directed to execute, on behalf of the City of Port Arthur, Change Order No. 4,
attached as Exhibit "A" in the amount of 21 calendar days, to the contract between the City of
Port Arthur and SeTEX Construction Corp., with the new ending date of the contract being April
30, 2015 and execute the Certificate of Substantial Completion for Montrose in a form
approximate to that of Exhibit "B" and Certificate of Substantial Completion for Lyon's Park in
a form approximate to that of Exhibit"C".
P. R. No. 19005
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Section 3. That prior to taking full and final possession of Montrose Park and
Lyon's Park, all items indicated in the Punch List (incorporated in the Certificate of Substantial
Completion) shall be completed by the Contractor, SeTEX Construction Corp.
Section 4. That an authorized representative of SeTEX Construction Corp.
shall sign a copy of the resolution agreeing to the terms thereof.
Section 5. That prior to the release of project retainage monies, the Director
of Parks and Recreation must certify to the City Manager that the park improvements are
complete and all items listed in the Punch List(incorporated in the Certificate of Substantial
Completion) have been finished and the Director of Parks and Recreation must be in receipt of
all warranties related to the parks.
Section 6. 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 , A.D., 2015,
at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Deloris "Bobbie" Prince
Mayor
P. R. #19005
05/15/15 ca
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
V ' 2 )/1
Val Tizeno, Esq.
City Attorney
APPROVED AS TO ADMINISTRATION:
Brian McDougal
City Manager
Albert T. Thigpen, CPRP, IPMA-CP, CAS, CPS
Director of Parks and Recreation
/j2d0M ,%•‘—
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
AGREED TO:
SETEX CONSTRUCTION CORP.
By:
Print Name:
Title:
EXHIBIT "A"
CHANGE ORDER
PROJECT: City of Port Arthur Park CHANGE ORDER NO: 4
Improvements
(Lincoln, Montrose, & Lion's)
CONTRACTOR: SeTEX Construction Corp. DATE: 04.29.15
1660 S. 23`d Street ARCHITECT'S PROJECT NO.: 13049
Beaumont, Texas 77707 CONTRACT DATE: 11.06.14
CONTRACT FOR: Improvements
The Contract is changed as follows:
Time Extension due to rain/weather(month of April)
Total Days: 21
**See attached Contract Time Statement Report#6 from SeTEX**
Not valid until signed by the Owner,Architect, and Contractor.
The original Contract Sum was $410,000.00
Net change by previously authorized Change Orders $0.00
The Contract Sum prior to this Change Order was $410,000.00
The Contract sum will be increased by this Change Order in the amount of $0.00
The new Contract Sum including this Change Order will be $410,000.00
The Contract Time will be increased by twenty-one (21) days.
The date of Substantial Completion as of the date of this Change Order(Montrose Park) therefore is
April 30, 2015.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group SeTEX Construction City of Port Arthur
7999 Glady1Avenue, Suite 101 1660 S. 23rd Street P.O. Box 1089
Beaumont -x. 7e. Beaumont, Texas 707 Port Arthur, Texas 77641
By. // I� By: 2/ By:
Date: ZDate: 5 f 1 ( 15
Date:
leteir
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LUF MOO
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(5) 4' 1 11592 'P�
PORT ARTHUR PARKS IMPROVEMENTS-LINCOLN, MONTROSE&LION'S PARKS
CONTRACT TIME STATEMENT
PROJECT City of Port Arthur Parks Improvements REPORT NO. 6
PROJECT NO. 21436
LOCATION Lincoln,Montrose&Lion's Parks
CONTRACTOR SeTEX Construction Corp.
DATE WORK BEGAN: November 21,2014 DATE TIME COMPUTED FROM 4-1-15 to 4-30-15
DATE DAY LOST REASON FOR EXTENDED DAYS
April 1,2015 0
April 2,2015 0
April 3,2015 0
April 4,2015 1 Rain
April 5,2015 1 Rain
April 6,2015 1 Too Muddy to Work
April 7,2015 1 Too Muddy to Work
April 8,2015 0
April 9,2015 0
April 10,2015 1 Rain
April 11,2015 1 Rain&Too Muddy to Work
April 12,2015 1 Rain&Too Muddy to Work
April 13,2015 1 Rain&Too Muddy to Work
April 14,2015 1 Rain&Too Muddy to Work
April 15,2015 1 Too Muddy to Work
April 16,2015 1 Rain&Too Muddy to Work
April 17,2015 1 Rain&Too Muddy to Work
April 18,2015 1 Rain&Too Muddy to Work
April 19,2015 1 Too Muddy to Work
April 20,2015 1 Too Muddy to Work
April 21,2015 0
April 22,2015 0
April 23,2015 0
April 24,2015 0
April 25,2015 1 Rain
April 26,2015 1 Rain
April 27,2015 1 Rain&Too Muddy to Work
April 28,2015 1 Too Muddy to Work
April 29,2015 1 Too Muddy to Work
April 30,2015 1 Too Muddy to Work
0
NUMBER EXTENDED DAYS: 21
NEW COMPLETION DATE: April 30,2015
RECOMMENDED AND APPROVED:
OWNER'S REPRESENTATIVE ARCHITECT/ENGINEER
A•Dril Weather for Beaumont, TX I Weather Underground Page 1 of 2
Weather History tor KEPT -April, ZO15 0
April Stets:Precipitation to date:9.38 in Normal to Date:3.65 in Normal Month Total:3.21 in Today Forecast
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
11/1/ ; '
82°1 84°1 84°1 75° I
Actual: Actual: Actual: Actual:
63° 69° 70° 62°
0.00 in Tin Tin 0.02 in
75°1 75°I 76°( 76°1
Average:
550 Average:5fi° Average:56°
Average:
56°
0.10 in 0.09 in 0.10 in 0.10 in
/wec C c
,,`r,
73°1 80°1 85°1 84° 1 85°1 83°1
Actual: 59° Actual: 65° Actual: 69° Actual: 72° Actual: 74° Actual: 65° Actual: 81°161°
0.09 in Tin 0.00 in 0.00 in 0.00 in 1.09 in 0.49 in
°
76° 1 76°1 76°1 77°I 77°1 77°1 Average 77
Average:S6° Average:57° Average:57° Average:57° Average:570 Average:58° 58°
0.10 in 0.10 in 0.10 in 0.10 in 0.09 in 0.10 in 0.10 in
7901 87°1 7601 8101 8001 8301 7801
Actual: Actual: Actual: Actual: Actual: Actual: Actual:
68° 70° 64° 62° 65° 66° 65°
0.63 in 0.26 in 0.67 in 0.00 in 4.39 in 0.90 in 0.37 in
77°1
78°1 78°1 78°1 78° I 78° I 79°I
Average:58° Average:58° Average:
59° Average: Average:
5g° Average:
59° Average:
0.10 in 0.10 in 0.09 in 0.10 in 0.09 in 0.11 in 0.11 in
8501 77°1 7901 85°1 8801 86°1 8301
Actual: Actual: 59° Actual: Actual: Actual: 68° 710 Actual: Actual:
58° 59° 65° 68°
0.14 in 0.00 in 0.00 in 0.00 in 0.00 in T in 0.30 in
79°I 79°f 79°1
79°1 80°1 80°1 80°1
Average:60° Average:60° Average:60° Average:61° Average:61° Average:61° Average:62°
0.11in 0.11in 0.11 in 0.12 in 0.11 in 0.12 in 0.12 in
•
///// /, //
85°1 79° ( f 69° I75°1 • 79° I
Actual: 65° Forccast:66° i Forecast:51° `Forecast:S3° Forecast:5
Tin 0.23 in 0.0 in ' 0.Oin 0.0 in
Average:BO° I Average:80° I Average:81°1 1 Average:81°1 Average:81°1
62 62 62 63° 63
0.12 in I 0.12 in ` 0.12 in 0.13 in 0.13 in
Calendar Legend
http://www.wunderground.com/history/airport/KBPT/2015/4/27/MonthlyCalendar.html?re... 4/27/2015
EXHIBIT "B"
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: City of Port Arthur MONTROSE PARK
PROJECT NO: 13049 ARCHITECT: The LaBiche Architectural Group, Inc.
OWNER: City of Port Arthur CONTRACTOR: SeTEX Construction
P.O. Box 1089
Port Arthur, Texas 77641 CONTRACT FOR: Renovations
DATE OF ISSUANCE: May 07, 2015 CONTRACT DATE: November 06, 2014
PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ALL WORK
The Work performed under this Contract has been reviewed and found to be substantially complete.
The Date of Substantial Completion of the Project or portion thereof designated above is hereby
established as May 07, 2015 which is also the date of commencement of applicable warranties required
by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the
Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the
Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended,
as expressed in the Contract Documents.
A list of items to be completed or corrected, prepared by the Contractor and
verified and amended by the Architect is attached hereto. The failure to include /�E D
any items on such list does not alter the responsibility of the Contractor to complete
Le to C� V'? t�
all Work in accordance with the Contract Documents. The date of commencement off` �+
0__ s m
of warranties for items on the attached list will b- the .ate of final payment unless .o m
otherwise agreed to in writing. c � !/
/f/ s 11592
The LaBiche Architectural Group, Inc. I,_� "*N,4 �-l.
ARCHITECT - DA(TE , 0 F
The Contractor will complete or correct the Work on e list of items attached hereto within fifteen (15)
days from the Date of Substantial Completio . C
SeTEX Construction ( • S I'S \'5
CONTRACTOR B DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume
full possession thereof at 8:00 a.m. on May 08, 2015.
City of Port Arthur
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to
the Work and insurance shall be as follows: Owner will assume responsibility for maintenance, security,
and damage to the Work on the Date of Substantial Completion except for damage done by Contractor
or Subcontractors during final completion. Owner assumes responsibility for insurance of the Project on
May 08, 2015. The Contractor will submit to the Owner the executed warranties, maintenance
agreements, inspection certificates, record documentation, maintenance manuals, tools, spare parts,
keys and similar operational items by June 08, 2015.
Dohn H. LaBiche, FAIA-Principal
Greg Wall, AIA-Principal
The LaBiche 7999 Gladys Avenue, Suite 101
Beaumont,Texas 77706
ARCHITECTURAL GROUP, INC. (409) 860-0197• Fax(409)860-0198
May 7, 2015
SETEX Construction, Inc.
Mr. Nathan Rivers
1660 S. 23rd Street
Beaumont, Texas 77707
Re: Montrose Park
Project# 13049
Dear Mr. Rivers,
On Thursday, April 2, 2015, an inspection was made of the above-mentioned project for the purpose of
compiling a Punch List for Lion's Park prior to their Easter Egg Hunt. The following persons were in
attendance during the inspection:
Dohn LaBiche, FAIA LaBiche Architectural Group, Inc...
Nathan Rivers & Danny Wood SETEX Construction, Inc.
Thad Sanders, Harriet Collins ,Isaac , Dr. Albert Thigpen City of Port Arthur
Punch List
1. Remove the site sign, security fence, Port-o-let and other contractor materials.
2. Install hydro sod in areas used for staging by the contractor.
3. Kill weeds growing thru new basketball court finish.
4. Remove construction equipment and debris from site.
5. Provide City with tools required to maintain new playgrounds (Sabine Pass) as discussed during
the pre-construction conference.
6. Add solid sod at basketball courts to the specified distance away from all new sidewalks.
7. Remove graffiti from new light pole at basketball court.
End of Punch List
Please correct the above-mentioned item of work by the earliest possible date and notify our office in
writing upon their completion. We have established, May 7, 2015 as the Substantial Completion date.
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Punch List for
Montrose Park
Also please submit the required Close-out Documents and Warranties along with Record Drawings and
Specifications for approval and transmittal to the owner. If there are questions about any of the items
listed please notify my office for clarifications.
Sincerely,
Dohn H. LaBiche, FAIA
2 of 2
EXHIBIT "C"
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: City of Port Arthur LION'S PARK
PROJECT NO: 13049 ARCHITECT: The LaBiche Architectural Group, Inc.
OWNER: City of Port Arthur CONTRACTOR: SeTEX Construction
P.O. Box 1089
Port Arthur, Texas 77641 CONTRACT FOR: Renovations
DATE OF ISSUANCE: April 02, 2015 CONTRACT DATE: November 06, 2014
PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ALL WORK
The Work performed under this Contract has been reviewed and found to be substantially complete.
The Date of Substantial Completion of the Project or portion thereof designated above is hereby
established as April 02, 2015 which is also the date of commencement of applicable warranties
required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the
Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the
Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended,
as expressed in the Contract Documents.
A list of items to be completed or corrected, prepared by the Contractor andv
verified and amended by the Architect is attached hereto. The failure to include E D ,4,4?1,14
any items on such list does not alter the responsibility of the Contractor to complete _•I µ C,3,00! 'S'
if
all Work in accordance with the Contract Docu ent . The date of commencement i-'-o�`� , e�C�'�,
of warranties for items on the attached list will let e,d. e of final payment unless °w•o m;o
•otherwise agreed to in writing. / r $
The LaBiche Architectural Group, Inc. / / , � X44- '` �+��~
ARCHITECT ' B DA E 1F OFlek
The Contractor will complete or correct the Work o the list of items attached hereto within fifteen (15)
days from the Date of Substantial Completio CC
SeTEX Construction
� ��J
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume
full possession thereof at 8:00 a.m. on April 03, 2015.
City of Port Arthur
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to
the Work and insurance shall be as follows: Owner will assume responsibility for maintenance, security,
and damage to the Work on the Date of Substantial Completion except for damage done by Contractor
or Subcontractors during final completion. Owner assumes responsibility for insurance of the Project on • •
April 03, 2015. The Contractor will submit to the Owner the executed warranties, maintenance
agreements, inspection certificates, record documentation, maintenance manuals, tools, spare parts,
keys and similar operational items by May 03, 2015.
,.,itr
Dohn H.LaBiche,FAIA-Principal
Greg Wall,AIA-Principal
The LaBiche 7999 Gladys Avenue, Suite 101
Beaumont,Texas 77706
I ARCHITECTURAL GROUP, INC. (409) 860-0197 • Fax(409) 860-0198
April 2, 2015
SETEX Construction, Inc.
Mr. Nathan Rivers
1660 S. 23rd Street
Beaumont, Texas 77707
Re: Lion's Park
Project# 13049
Dear Mr. Rivers,
On Thursday, April 2, 2015, an inspection was made of the above-mentioned project for the purpose of
compiling a Punch List for Lion's Park prior to their Easter Egg Hunt. The following persons were in
attendance during the inspection:
Dohn LaBiche, FAIA LaBiche Architectural Group, Inc..
Nathan Rivers & Danny Wood SETEX Construction, Inc.
Punch List
1. Remove the security Fence and Port-o-let.
2. Install sod in areas surrounding playground.
3. Install bond breaker tape in construction joints prior to installing sealant.
4. Remove construction equipment and debris from site.
5. Clean site and playground equipment.
End of Punch List
Please correct the above-mentioned item of work by the earliest possible date and notify our office in
writing upon their completion. We have established, March 23, 2015 as the Substantial Completion date.
Also please submit the required Close-out Documents and Warranties along with Record Drawings and
Specifications for approval and transmittal to the owner. If there are questions about any of the items
listed please notify my office for clarifications.
Sincerely,
Dohn H. LaBiche, FAIA
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