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HomeMy WebLinkAboutRES 23-071RESOLUTION NO. 23-071 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 28, 2022, the City Council of the City of Beaumont, Texas adopted Resolution No. 22-161 awarding a contract to LD Construction, of Beaumont, Texas, in the amount of $1,344,033.60, for the Street Preservation Citywide- Phase I Project; and, WHEREAS, previous Change Order No. 1 in the amount of ($92.00), resulted in a decrease to the original contract making the new contract total $1,333,941.60; and, WHEREAS, effective December 2, 2022, LD Construction and PTSS Investments of Beaumont, Texas officially became part of Texas Materials Group, Inc., of Beaumont, Texas, which operate as a part of CRH; and, WHEREAS, moving forward all products and services will operate under the Gulf Coast, a CRH Company brand; and, WHEREAS, as of November 17, 2022 the remaining balance to finish the contract, including retainage, is $1,038,421.60; and, WHEREAS, of the remaining balance, LD Construction and Gulf Coast agree a final payment of $289,078.57 is owed to LD Construction of Beaumont, Texas for the Street Preservation Citywide — Phase I Project; 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 is hereby authorized to make final payment in the amount $289,078.57 to LID Construction of Beaumont, Texas for the Street Preservation Citywide — Phase I Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, Texas in the amount of $749,343.03 for the Street Preservation Citywide — Phase I Project, substantially in the form attached hereto as Exhibit "A," for the purposes described herein. 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 7th day of March, 2023. 1t, - Mayor Robin Mouton - RESOLUTION NO.22-161 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, I and equipment for the Street Preservation City Wide -Phase I Project; and, i WHEREAS, LD Construction, of Beaumont, Texas, submitted a bid in the amount of $1,334,033.60; and, WHEREAS, the City Council is of the, opinion that the bid submitted by LD Construction, of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; 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 Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $1,334,033.60 for the Street Preservation City Wide -Phase 1 Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with LD Construction, of Beaumont, Texas, for the purposes described herein. 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. EXHIBIT "A" l PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2022. s 1. Mayor Robin Mouton - s �e Contract - 002.001 26-Aug-2022 09:18 AM CST 002.001: CHANGE ORDER NO. 01 Street Pavement Preservation City Wide - Phase I Seaumont Beaumont, Texas 77713 Project Number: PW0322-12 Grand Total: $-92.00 For 002 Street Pavement Preservation City Wide - Phase 1 Division 01 Line Item Unit price Type Group 3.0 Construction Scope of Work Notes Suppliers unable to consistently provide SAC -A material needed for TOM TYPE-F PG70-22 mix at this time. Proposed substitution for TOM TYPE-F is D-GR TYPE-F PG70-22, Awarded To LD Construction Jeremy Hemmings 4264 Reason Unforseen Site Conditions Code Days 0 Changed Attachments Change Order Summary grlginal Contract Sum 1,334,033,60 Substantial Completion Date Net Cost by Previous Approved Cos 0.00I NatTlme Change By Previous Cos Contract Sum Before This CO 1,334,033.60; Substantial Completion before This CO Contract Sum Changed By This CO -92.00 i Time Changed By This CO New Contract Sum 1,333,941.60 j Now Substantial Completion Date i All Change Orders make up-0.01%of the Original Contract Accounting and Status Accounting Status Item Id 284 0 days 0 days PO Number Accounting Project Code Custom Accounting Field 06 Custom Accounting Field 07 Line Items 424396 i FEMA Number { Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Item# Account Code WBSlsection Description Contract Items 340 6003 300 D-GR HMA TY F PG70-22 (1") 347 6003 300 TOM TY F PG70-22 (1.00") Total Approval Approved Name or Role Status 1 External -GC Approved Jeremy Hemmings 25-Aug-2022 08:36 AM CST 2 Project Manager Approved David Tingle 25-Aug-2022 08:37 AM CST 3 City Engineer Approved Amelia "Molly" Villarreal 25-Aug-2022 02:24 PM CST 4 Director Approved Bart Bartkowlak 26-Aug-2022 08:27 AM CST 5 Admin Approved Crystal Garza 28-Aug-2022 08:52 AM CST APPROVED BY: AT Chris Boone Dfate �A �� `UMID, I Interim City Manager a�®� bass Vol p Quantity UoM Unit Price Total Amount 7,196.00 TON 128.00 921,088.00 -7,086.00 TON 130.00 -921,1B0.00 ,D BY: -92,00 Grand Total: -92.00 Due: 2-Sep-2022 Actions Invoice # 002.003 27-Feb-2023 10:47 AM CST Street Pavement Preservation City Wide - Phase I Beaumont Beaumont, Texas 77713 Project Number: PW0322-12 002.003: LID Construction - Street Pavement Preservation City Wide - Phase 1 Amount Due: $289,078.57 For Contract Contract - 002 Street Pavement Preservation City Wide - Phase 1 Date 08-Dec-2022 Line Item Unit price Type Group 3.0 Construction Pay Period 01-Nov-2022 to 30-Nov-2022 Retainage WC 5.00 - MS 0.00 Payment To LD Construction Jeremy Hemmings 4264 Date Due Terms Attachments Line Items Work Materials Account WBS1 Unit Completed Stored % WC % MS Item # Code Section Description Quantity UoM Price (WC) (MS) Retainage Retainage CHANGE ORDER NO. 01 - Contract Items 340 6003 300 D-GR HMATY F PG70-22 (1") 1,658.83 TON 128.00 212,330.24 0.00 5.00 0.00 347 6003 300 TOM TY-F PG70.22 (1.00") 0.00 TON 130.00 0.00 0.00 5.00 0.00 Total 212,330.24 0.00 Contract Items 100 6001 100 PREP ROW (NOT TO EXCEED 171.70 STA 150.00 25,755.00 0.00 5.00 0.00 $300 PER STATION) 347 6003 300 TOM TY F PG70-22 (1.00") 0.00 TON 130.00 0.00 0.00 5.00 0.00 351 6001 300 REPAIR OF FLEXIBLE 691.70 SY 60,00 41,502.00 0.00 5.00 0.00 PAVEMENT (8"ASB) 500 6001 500 MOBILIZATION (NOT TO 0.00 LS 63,000.00 0.00 0.00 5,00 0.00 EXCEED5%) Work Materials Account WBS1 Unit Completed Stored % WC % MS Item 9 Code Section Description Quantity UoM Price (WC) (MS) Retainage Retainage 502 6001 500 BARRICADES, SIGNS & 1.00 MO 1,000.00 1,000.00 0.00 5.00 0.00 TRAFFIC HANDLING (NOT TO EXCEED $5,000 PER MONTH) 530 6011 500 INTERSECTIONS, DRIVEWAYS, 118.53 TON 200.00 23,706.00 0.00 6,00 0.00 AND TURNOUTS (ACP) 666 6005 600 REFL PAV MRK TY I (WHITE) 0.00 LF 13.50 0.00 0.00 5.00 0.00 (12") (SOLID) (100 MIL) (NO SEALER REQUIRED) 666 6003 600 REFL PAV MRK TY I (WHITE) 0.00 LF 4.40 0,00 0.00 5.00 0.00 (8") (SOLID) (100 MIL) (NO SEALER REQUIRED) 666 6002 600 REFL PAV MRK TY I (YELLOW) 0.00 LF 1.00 0.00 0.00 5.00 0,00 (4") (BROKEN) (100 MIL) (NO SEALER REQUIRED) 666 6001 600 REFL PAV MRK TY I (YELLOW) 0.00 LF 0.85 0.00 0.00 5.00 0.00 (4") (SOLID) (100 MIL) (NO SEALER REQUIRED) Total 91,963.00 0.00 Grand Total: $304,293.24 Summary 1. CONTRACT SUM +AMENDMENTS 1.334.033.60 2. NET CHANGE BY Change Order -92.00 3. CONTRACT SUM TO DATE (Line 1+ Line 2) 1,333,941.60 4. TOTAL COMPLETED & STORED TO DATE 615,366.92 5, RETAINAGE 5a, 5.00% Of Completed Work (Column I on Continuation Sheet) 30,768.35 5b. 0,00% Of Stored Material (Column J on Continuation Sheet) 0.00 TOTAL RETAINAGE (5a + 5b) 30,768.35 6. TOTAL EARNED LESS TOTAL RETAINAGE 584,598.57 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 295,520.00 8. CURRENTAMOUNT DUE $289,078.57 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3less Line 6) 749,343,03 Change Order Summary NET CHANGE by Change Order $-92.00 ADDITIONS DEDUCTIONS Total changes approved in previous pay periods 921,088.00-921,180.00 Total approved this pay period 0.00 0.00 TOTAL 921,08B.00-921,180.00 Accounting and Payment Status Invoice Id Payment Status Paid Date PO Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Approval Approved Name or Role 1 External -GC 2 Project Manager 3 City Engineer 4 Director 5 Admin 487 431087 Status Check #s Paid Amount FNMA Number Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Approved Jeremy Hemmings 12-Dec-2022 08:17 AM CST Approved David Tingle 20-Dec-2022 11:51 AM CST Approved Amelia "Molly" Villarreal 20-Dec-2022 11:55 AM CST Approved Bad Bartkowiak 20-Dec-2022 12:05 PM CST Approved Crystal Garza 27-Feb-2023 10:47 AM CST Created by: Julie Hammond on 08-Dec-2022 Last Modified by: Crystal Garza on 27-Feb-2023 $ 0.00 Due: 6-Mar-2023 Actions LD Coinsstruc2iotn, LLC PISS Investments, LLiC December 8, 2022 Dear Valued Customer, 148 S. Dowlen #694 Beaumont, TX 77707 O: 409.866 72267 F: 409.866-4447 As a valued customer, I am pleased to Inform you that LD Construction and P`i'SS Investments has officially become part of the Texas Materials Group, a family of four companies which operate as part of CRH, the leading building materials business In the world. Our Beaumont -based operations will become part of TMG's Gulf Coast business, headquartered -in Beaumont and Houston. As a result of this merger with the Texas Materials Group, our team Is growing and we look forward to continuing to provide the quality products and services you have come to expect through our combined plant network and expanded capacity. In the coming we our business will begin rebranding. Going forward, all of our products and services will operate under the Gulf Coast brand. There will be no change to the services provided or to the sales representatives who are currently handling your project/account at this time. Your payment terms and conditions will continue as they are today. We ask that you please update your records with the W9 Information provided. As we work through this integration, effective December 2, 2022, you'll begirt receiving invoices and tickets from Gulf Coast. Payments may be sent to: Gulf Coast 1320 Arrow Point Drive Suite 600 Cedar Park, TX 78613 You may also remit payment via ACH. If you require an authorization letter, please email TXRNoReuivAR{a)na.crh.com to request. All payments for services prior to December 2, 2022, should be sent to: Troy Dodson 148 S. Dowlen #694 Beaumont, TX 77707 While our name may be changing, our commitment to safety, quality and customer service Is not. You'll still be working with the same great people and receiving the same great service. We look forward to continuing to serve you. In the meantime, please feel free to contact your sales representative with any questions or call our Beaumont office at 409-866-1444. Sincerely, Troy Dodson ABOUT US: The Texas Materials Group is a family of four Texas companies (Texas Materials, Texas Concrete, Gulf Coast, and TexasBit) which operate as part of one global building materials manufacturer and construction company. That means you get the on -the -ground expertise from local lab technicians, health and safety specialists, mechanics and machine operators. At the same time, we ensure our work is performed to the high standards that have made CRH the leading building materials business in the world. Learn more: www.texasmaterialsgrout).com ABOUT CRH: CRH (LSE: CRH, ISE: CRG, NYSE: CRH) is the leading building materials business In the world, employing 79,200 people at c.3,100 operating locations in 30 countries. It is the largest building materials business in North America, a leading heavyside materials business in Europe and has positions In both Asia and South America. CRH manufactures and supplies a range of Integrated building materials, products and innovative solutions which can be found throughout the built environment, from major public infrastructure projects to commercial buildings and residential structures. A Fortune 500 company, CRH is a constituent member of the FTSE 100 Index, the EURO STOXX 50 Index, the ISEQ 20 and the Dow Jones Sustainability Index (DJSI) Europe. CRH's American Depositary Shares are listed on the NYSE. For more information visit www.crh.com AFFIDAVIT My name is Troy Dodson . I am the of LD Construction Company ("LD Construction"), am above the age of eighteen years, and gin fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the of LD Construction. On December 2, 2022, Texas Materials Group, Inc., the entity that operate as Gulf Coast, a CRH Company, acquired certain assets of LD Construction (among other affiliated sellers), including the benefit of the contracts listed below. By request of the City of Beaumont, the undersigned hereby affirms that the final payment amounts owed by the City of Beaumont to LD Construction for the projects listed below are as follows: Street Rehabilitation City Wide — Phase IV (PW 1022-01): $39,118.15 final payment to LD Construction Street Preservation City Wide — Phase I (PW0322-12): $289,078.57 final payment to LD Construction I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS AND INFORMATION CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Dated this 16 day of February 2023. LD Construction Company Printed Name: Troy Dodson Title: _AkO. AArx" ACKNOWLEDGEMENT STATE OF TE�XA COUNTY OF �b Before me, a Notary Public, personally appeared the above -named individual and swore that the statements contained in the foregoing are true and correct to the best of her/his knowledge and belief. Subscribed qnd swo to me this day of February 2023. Notary Public Signature Z =��*�Y PAULA HARRIS My Commission Expires: �/�/ ,/ Q J Seal � Notary ID #1179575 My Commission Expires May 9, 2025 AFFIDAVIT My name is Johnathan Mu ll. I am the Operations Manager of Gulf Coast, a CRH Company, am above the age of eighteen years, and am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the Operations Manager of Gulf Coast, a CRH Company. On December 2, 2022, Texas Materials Group, Inc., the entity that operates as Gulf Coast, a CRH Company, acquired certain assets of LD Construction Company ("LD Construction") (among other affiliated sellers), including the benefit of the contracts listed below. By request of the City of Beaumont, the undersigned hereby affirms that the final payment amounts owed by the City of Beaumont to LD Construction for the projects listed below are as follows: Street Rehabilitation City Wide — Phase IV (PW 1022-01): $39,118.15 final payment to LD Construction Street Preservation City Wide — Phase 1(PW0322-12): $289,078.57 final payment to LD Construction I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS AND INFORMATION CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Dated this Ap day of February 2023. Gulf Coa t, A CRH Company /*riOfbd Name: Johnat6a uWhy rtle: Operations Manager ACKNOWLEDGEMENT STATE OF 2tc/ COUNTY O Before me, a Notary Public, personally appeared the above -named individual and swore that the statements contained in the foregoing are true a d correct to the best of her/his knowledge and belief. Subsc"'be ands orn to me this, ILI day of February 2023. - t1U Y rY Notary Public Signature / o ti�e� Pue PAULA HARRIS My Commission Expire�/�� C� Seal :° Notary ID p1179575 My Commission Expires LJ '�oFN' May 9, 2025