HomeMy WebLinkAboutRES 22-068RESOLUTION NO. 22-068
WHEREAS, on May 12, 2020, the City Council of the City of Beaumont, Texas
passed Resolution No. 20-099 awarding a contract in the amount of $1,473,000.00 for
the Base Bid; Alternate Bid No. 1 in the amount of $12,000.00 for an ornate fence and
gating between the existing door and the window openings in a secured courtyard;
Alternate Bid No. 2 in the amount of $20,600.00 for a six-foot vinyl coated security fence
and a concrete mow strip to secure access to the courtyards; and, $12 per square foot
for saw cutting, removing material, installation of 3/8" dowels, pouring and finishing
concrete to match existing patterns at an estimated cost of $20,000.00 to McInnis
Construction, Inc., of Silsbee, Texas, for the Adaptive Restoration of the Tyrrell Park
Visitors Center Project, and,
WHEREAS, a contingency allowance in the amount of $100,000.00 was included
in the above noted contract; and,
WHEREAS, on October 20, 2020, the City Manager executed Change Order No.
1, in the amount of $13,110.00, to furnish and install approximately fifty (50) laminated
mats around the building; frame and shore the roof deck; and credit for removal of
contaminated debris on the floor and roofing materials down to the deck, thereby
decreasing the contingency allowance to $86,890.00 and having no effect on the total
contract amount of $1,505,600.00; and,
WHEREAS, on January 19, 2021, the City Manager executed Change Order No.
2, in the amount of $6,132.00, to demo and pour back 511 square feet of concrete slab,
thereby decreasing the contingency allowance to $80,758.00 and having no effect on
the total contract amount of $1,505,600.00; and,
WHEREAS, on March 30, 2021, the City Manager executed Change Order No.
3, in the amount of $3,741.00, to switch from three phase HVAC to single phase HVAC,
thereby decreasing the contingency allowance to $77,017.00 and having no effect on
the total contract amount of $1,505,600.00; and,
WHEREAS, on March 30, 2021, the City Manager executed Change Order No.
4, in the amount of ($10,200.00), for adjustments and substitutions relating to electrical
network/alarm wiring, thereby increasing the contingency allowance to $87,217.00 and
having no effect on the total contract amount of $1,505,600.00; and,
WHEREAS, on July 28, 2021, the City Manager executed Change Order No. 5,
in the amount of $20,452.25, to relocate electrical service entry to a new built rack; pour
concrete landing pad around new service; provide rack for service equipment and
secondary feeders; and, restroom and hospitality room floor tiling, thereby decreasing
the contingency allowance to $66,764.75 and having no effect on the total contract
amount of $1,505,600.00; and,
WHEREAS, on September 7, 2021, the City Manager executed Change Order
No. 6, in the amount of $4,000.00, for the addition of the modification, powder coating
and installation of the original gates and to fabricate and install one new gate, thereby
decreasing the contingency allowance to $62,764.75 and having no effect on the total
contract amount of $1,505,600.00; and,
WHEREAS, on September 14, 2021, the City Manager executed Change Order
No. 7, in the amount of $106,259.03, for the removal and re -construction of the concrete
curb, gutter and sidewalk and shaping and regrading of the ditch, thereby decreasing
the contingency allowance to $0.00 and increasing the total contract amount to
$1,549,094.28; and,
WHEREAS, On December 14, 2021, the City Council of the City of Beaumont,
Texas passed Resolution No. 21-332 authorizing the City Manager to execute Change
Order No. 8, in the amount of $25,676.42 for the credit of base and asphalt; the credit
for ditch cleaning; and, the addition of cement base treatment, thereby increasing the
total contract amount to $1,574,770.70;
WHEREAS, Change Order No. 9, in the amount of $10,151.68, is necessary to
adjust` the estimated asphalt quantities to match the quantities actually used in the
project, thereby increasing the total contract amount to $1,584,922.38;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 9, in the amount of $10,151.68, for the additional work described above,
thereby increasing the total contract amount to $1,584,922.38 for the Adaptive
Restoration of the Tyrrell Park Visitors Center Project.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
March, 2022.
- Mayor Robin Mouton -
COP'Y
Q
A TV
Al 1 2
Documlent G70 01'7
PROJECT: (Name. and ael(lre.vs)
Adaptive Restoratioll
Visitor Ceifter Tyrrell Park
3930 babe Zaliarls Dr
Beaumont,,TX 77705
MTV
OWNER: (Mitme and eidib-ess) ARCHITECT,: (Almeein(l ti(hb-ess) CONTRACTOR: (Alon)e eind a(kkess)
City of 13=1111611t Arcliltectural Alliance, 111C. NICInill's Construction, ItIc.
801 Maiii St., Suite 315 350 Phic St., Suite 750 675 S 4th:
Beauniont, TX'777'01 Beatiniont, TX 77701 Silsbee, TX 77656
THE CONTRACT IS CHANGED AS FOLLOWS:
(Inseo a tielailed (lescripli0ii of the chin and, Y'opplimble, eimich car- rqj�renee.ypev�fic exhibits. Also '11clit(le figreed upoit adiiistments
affi-lbulable to: execuled Constriienot) Clot qge DWectives.)
Price iticre"ase for asphalt overrun $ 9,228.80
---------------
S 9,228.80
10% Overheadiprofit 922.88
Tlie, origiiial, Contract Sum was, $ 1,5 osfil)0,00
The iiet cliancre by previoti,slyatitliorlized Climige Orders
0 $ 60,1170.70
The CoWntict Stim prior to this Change Order was
$ 4 574 770,70
I'lie CoWract Stim Nvill be iiicreascd by this Chango Order it) tile aniount of $ 1-0,151 .68
The iiew Contract Sum including this Change Order will be 1,584,,922.38
The Contrkt Time will be tuichangcd by days.
The new date of SubstautialCompletion will be
NOTE: Tlii,s Change Orde'r does iiot include adjustnicilts to (lie Contract Sum oi- Guaranteed Ma. imuni Price, far the Contract
'Finie, that have been authorized by Construction Change Directive mitil the costa-tid time lim/e been agreed upon by both (lie
Owner and Contractol', in which casea Change Order is execitted to supersede the Cdnstmckoil Change Directiv6.
J. Rob Clark, AIA, VP
'PRINT NAME,A TIT
iwu
NUMPM
—_� -202 z _ -
DT C
A I E.
AAA Document G701r'- 20117. Copyright 0 19791,1987, 2000 2001 and 2017 by The Annedcan Institute of Architects. All rights reserved. Tha'Aroeiicali
Inslituts of Arch1tects," 'AIA," the AIA Logo, and "A'IA Contract Documents" are registered tradernarks: and may not be used v0thiout permisslon. ThIs document
was producedby AlA sothyare at 15:091,28 ET on 02116/2022 under Order 1 o.2896973020 which expires on 0911012022, Is not for resale, is licensed for one.time
use only. And- may only he used In accordance vAth the AIA Contract Documents-' Terms of'Service. To report copyright violations, e-matt copyrighl@aI8.0r6.
User Notes-, (3BOADA57)
Change Order
MdNN1-S'C0N51kU0'10N.i INC-4
PROJECT:
CHANGE ORDER NUMBER., 14
O'er E R
�
Adaptive Restoration
VIstoes Center Tyrrell Park
DATE: 2f 14/2022
ARCHITECT
�
3930 Baba Zaharlas Dr
ARC111TE'CT'S PROJECT NO,
CONTRACTOR
�
TO CONTRAC MR:
Mchinis Construction INC
FIELD
�
675 S 4th St
CONTRACT DATE: 5126/2020
Silsbee 1:<
07HER
CONTRACT FOR: City of Beaumont
The Contract is changed as follows. -
Price increase for asphalt overrun
91228,80
Subtotal
$ 9,228.80
10% Overhead/Profit
$ 922.88
Total
$ 10,151.68
The original Contract $mn
was
$ L505,600,00
The net change by previously authorized Change Orders $
169,170-70
The Contract 5unt
prior to this Change Order was
S1t574t?70.70
The Contract Sutra
will be increased by this Change Order in
the amount of
The new Contract Sum
including this Change Order vfi11 be $
$1i5841922a38
The Contract Time will be
by ) days
The date of Substantial Completion as ofthe
date of this Change Order therefore is
*** Thla change order is prepared
under the assumption that prior submitted AIA Change Order
Document No. 6 will be
approved as the balances in the Contingency are calettlated based on this documents
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER,
McInnis Construction,
ARCHITECT (Firm name)
CONTRACTOR (Fftm ► amen OWNER (Firm name)
676 S 4 ),St Ilsbee TX
ADDRESS
AD . F ADDRESS
BY (Stgrteture)
BY tsi 81vre j BY (Signature)
l IKelle
Typed name
Typed game 7`yAad namo....�.
071
O
DATE
DATE DATE
L I F
U;SALACOHCOMPANY Safety First
Guff Coast January 28, 2022
Po Box 20779
Beaumont, Texas, 77720
(0) 409-866-1444
(F) 409-866-1032
QUOTE McInnis Construction
TO Kyle Kelley
kyte@mcinn'l'spro)*ects.com
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�N.
Cattail Marsh Parking Lot Rehab
ITEM DESCRIPTION QUAN UNIT UNT',r PRICE EXT PRICE
20 !Aspha t Paving Material Overrun 65 Toil $144,20" $9,373.0d,
Footnotes...
> Descriptions
A Additionat asphatt ptaced to create proper grading and drainage,
Page 1 of 3
Unless the words "Lump Sum" appear next to an item of work, it is understood and agreed
that the quantities referred to above are estimates only and that payment shall be made at
the stated unit prices for actual qu an ti ties of stork performed by Gulf Coast,
This proposal expires thirty (30) days from the effective date of this Proposal,
If you agree to these terms, prices and conditions, including the terms and conditions on the
next page, please acknowledge acceptance by signing in the space provided and return the
original, hereof to us, retaining a copy for your files. The person signing for you below
represents that he or she is fully authorized to enter into this Agreement.
Sincerely,
Gulf Coast
ACCEPTED:
ffl`rm Name)
By:.
(Name and Title)
(Date)
�G�F �r1 ��I►�� i.'-tL[� �flitt7+�f�t+�llif/J RI�iTr1u� l��l��! t}I' rfi l' !1't ���ii l:tl�R i � .}'Itit�l �� rfltl�IC�li�lr �t�'i��
Page 2 of 3
UL I&F**
A0i1 C01MOArtr'
TERMS AND CONDITIONS - Proposal and Contract
Payment In full for ail work performed hereunder during any month shall be made not later than the tenth
(101h) day of the month next following. Final and complete payment for all work performed hereunder shall be made
not later then fifteen (1Z) days after the connplellon of such work, interest at the highest rate allowable under tho
laws of the In state which the work IS done, or one and one half percent (I Y2%) per month, whichever Is less, shall
be charged and paid on all unpaid balances from the due date to the date we receive payment. You agree to pay In
full all costs and expenses Incurred by GULF COAST In �collecting the amounts owed by you under the Agreement,
Includfng any and all court oasts and attorneys' fees. Payments received will be applied a galnst open items an
unpaid invoices in an order and sequence determined by GULF COAST In its sole discre€ion. Any monles pold to
you f'or our work shall be held Ire trust for our benefit.
We shall not become obligated to perform the work callers for under this Proposal and Contract until we
check and approve your credit., This Proposal and Contract shall be null and veld If your oredif is not approved, 11
credit conditions become unsatisfactory at any time prior to our completion of the work hereunder, you will furnlsh
adequate security upon our request.
This document Is the full agreement between us, regardless of any prior proposals or communications,
Any deviations from the specificatlons or modincatlon of the terms of this contract and any extra or incidental work,
or reductions In work, shall be set forth in writing and Signed by both parties prior to the making of such change. We
will be compensated for anyincrease In our costs caused by such change, on the basis of the increase plus ten
percent(10%) profit. If a time is set for the performance of work, and if, in our judgment, such change or ether
circumstances beyond our reasonable control will increase the time necessary for our performance, we will be
granted a reasonable extension of dyne,
We will provide and pay for worker's Compensation, Ganeral L.Iability and Property Damage insurance.
You agree to carry GeneralLiability and Property Damage Insurance sufficient to protect yourself against any and
all claims and liabilities ansing from the performance of the work, including but not limited to claims arising under
your agreement tv indemnify and hold us harmless under this contract,
We shall be provided with suitable access to the work area. If our work Is dependent upon or must be
undertaken In conjunction with the work of cabers, such work shall be so performed and completed as to permit us
to perform out work hereunder In a normal uninterrupted single shift operallon.
Unless a tune for the performance ofourwork is specified, we shall undertake It in the course of our normal
operating schedute, we shall not be liable for any failure to undertake to completes and may suspend, the work for
causes beyond our reasonable control, including but not limited to fire, Rood or other casualty; the presence on or
beneath the worts site of utilities, facilities, substances, or objects, Including but not limited to any substance that in
our opinion is hazardous or toxic or the reporting, rernedlation, or ocean -up of which is requIred by any law or
r'eguiation (together "aubsuiface con di#tons*); labor d1spuIas or other disagreements; and acoldents or ather mishaps,
whether affecting this work or other operations in which we are involved, directly or indirectly.
If for causes beyond our reasonable control our work Is not completed within twelve (12) rnontha after the
date of your acceptance of the proposal, we may cancel #his agreement at any time thereafter on ten (10) days
notice. In such avant (i) we shall be relieved of any further obligation with respect to the balance of the work; and
(li) we shaII be entitled to receive final and complete payment for a I I work performed by us to the date of cancellation
within fifteen (15) days thereafter,
We small not be responsible for, and you agree to Indemnify and hold us harmless from, any suit, claim,
liability, cost or expense arising from or in any way related to; sidewalks, driveways or other improvements located
wifhln our work area or designated areas of access, and to adjacent property and Improverlients* subsurface
conditions; apd any and all other alleged damages to persons or property, Including but not limited to personal Injury
and death, arlsing from the performance of the worts, unless such alleged damages arise from our sole negligence.
You further agree to indemnify and protect us and save us harmless from any and all loss, damage, costs, expenses
and attomey's fees suffered or incurred on account of your breach of any obilgallans ,and covenants of (bIs contract,
It is further understood that we shall not be responsible for any damage to or deterioration of any of our worst, whether
completed or in process, resulting from any cause or causes beyond our reasonable control, including but not limited
to failure of subgrade or other subs.crface conditlans, or failure or inadequacy of any labor or materials not furnished
and Installed by us, whether or not such failure or Inadequacy was or could have been known at the time our work
was undertaken. You agree thgl the proper jurisdiction and venue for adjudication concerning this contract Is
Jefferson County, and you waive any right to jurisdiction and venue in any other place,
20/3 Vvy(.7,,a i, Unar+ thin # �?tf,��,fr�t?rl� r�r �:sr sir ,!r, iI17i1 rs .l't�r<•[f� Pt.� iFit,•d (11118)
Page 3 of 3