HomeMy WebLinkAboutPR 20913: LAKESHORE DRIVE ROADWAY PAVEMENT REPLACEMENT PROJECT PHASE I FROM 4186 TO 4300 LAKESHORE DRIVE city of
,
www.PortArthurTx.gov
Date: August 20, 2019
To: Mayor and City Council
Through: Ron Burton, Interim City Manager
From: Alberto Elefano, PE—Director of Public Works
RE: Lakeshore Drive Roadway Pavement Replacement Project Phase I from 4186 to
4300 Lakeshore Drive; Project No. EDC002 Repayment of Amount Due.
Introduction:
The intent of this Agenda Item is for City Council to authorize the City Manager to accept the Engineer's
Certificate of Completion,the Contractor's Affidavit of Payment of Debts and Claims, Contractor's Certificate
and Release, Engineer's Certificate of Substantial Completion and Substantial Completion of Inspection
Punchlist, and the Contractor's Certificate of Guarantee and notification of repayment of amount of$1,122.70
due to the City for the Lakeshore Drive Roadway Pavement Replacement Project Phase I from 4186 to 4300
Lakeshore Drive; Project No. EDC002.
Background:
Excavation& Construction, LLC or Port Arthur, Texas was awarded the Lakeshore Drive Roadway Pavement
Replacement Project Phase I at the cost of $560,000. The project being funded through the Port Arthur
Economic Development Corporation (EDC) Street Maintenance and Repair Account. Change Order No. 1,
(Resolution No. 19-349), has been submitted by Excavation & Construction, LLC of Port Arthur, Texas and
approved by the City Council adjusting bid quantities which decreases the contract amount by $27,646.58 to
the new contract amount of$528,195.66. Additionally, there was an overpayment in the amount of$1,122.70
that is due from Excavation& Construction, LLC of Port Arthur, Texas.
Budget Impact:
Funds are available in EDC Street Maintenance and Repair Account 307-1601-591.86-01.
Recommendation:
It is recommended that the City of Port Arthur City Council authorizes approval of PR 20912 that accepts the
Engineer's Certificate of Completion, Contractor's Affidavit of Payment of Debts and Claims, Contractor's
Certificate of Release, Contractor's Certificate of Guarantee executed by Excavation & Construction, LLC of
Port Arthur, Texas, approves the City of Port Arthur's Certificate of Acceptance and notifies Excavation &
Construction,LLC of Port Arthur,Texas of the amount due the City of Port Arthur in the amount of$1,122.70.
The Certificate of Acceptance will not be executed until Excavation& Construction, LLC reimburses the City
of Port Arthur for the overpayment in the amount of$1,122.70.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No. 20913
08120/12019 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S AFFIDAVIT OF
PAYMENTS OF DEBTS AND CLAIMS, CONTRACTOR'S CERTIFICATE
AND RELEASE, CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR
THE LAKESHORE DRIVE ROADWAY PAVEMENT PROJECT PHASE I
FROM 4186 TO 4300 LAKESHORE DRIVE; AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR, TEXAS; AND
NOTIFICATION OF PAYMENT DUE FROM EXCAVATION &
CONSTRUCTION, LLC OF PORT ARTHUR, TEXAS, IN THE AMOUNT
OF $1,122.70.
WHEREAS, the City of Port Arthur is allocated a percentage of funds from the
Economic Development Corporation (EDC) for street maintenance and repair; and,
WHEREAS, Lakeshore Drive qualified for funding under the EDC's guidelines; and,
WHEREAS, pursuant to Resolution No. 18-171, the City of Port Arthur's City
Council awarded the contract to Excavation & Construction, LLC of Port Arthur, Texas
with a projected budgetary impact of $560,000.00 and a term of 74 calendar days; and,
WHEREAS, pursuant to Resolution No. 19-349, the City Council approved Change
Order No. 1 adjusting the bid quantities and decreasing the original contract amount from
$560,000.00 to the new contract amount of $528,195.66; and,
WHEREAS, Excavation & Construction of Port Arthur, Texas has completed the
contracted project to the satisfaction of the project engineer and the City staff; and,
WHEREAS, the City has received the Contractor's Certificate of Completion dated
February 20, 2019 stating that the work to which the Certificate applies has been
inspected, authorized, and declared to be complete in accordance with the contract
PR No. 20913
08/20/2019 mje
Page 2 of 4
documents and made a part hereof as Exhibit A; together with a Contractor's Affidavit of
Payment of Debts and Claims, Exhibit B; Contractor's Certificate and Release, Exhibit C;
Engineer's Certificate of Substantial Completion and Substantial Completion of Inspection
Punchlist, Exhibit D; and the Contractor's Certificate of Guarantee, Exhibit E; executed by
Excavation & Construction, LLC of Port Arthur, Texas and the Contractor's Certificate of
Warranty, Exhibit F; and,
WHEREAS, it was determined that the City of Port Arthur overpaid Excavation &
Construction of Port Arthur, Texas the amount of $1,122.70 (See Exhibit G); and,
WHEREAS, the City of Port Arthur has submitted an invoice to Excavation &
Construction of Port Arthur, Texas for the amount due of $1,122.70 (See Exhibit H); 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; and,
THAT, the City of Port Arthur has submitted an invoice to Excavation &
Construction, LLC of Port Arthur, Texas for the amount overpaid amount due of
$1,122.70; and,
THAT, upon the receipt of the payment from Excavation & Constructions, LLC to
the City of Port Arthur in the amount of $1,122.70, the City Manager of the City of Port
Arthur will be authorized to execute on behalf of the City of Port Arthur a Certificate of
Acceptance, Exhibit I, for the completion of the Lakeshore Drive Roadway Pavement
Replacement Project Phase I; and,
PR No. 20913
08/20//2019 mje
Page 3 of 4
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2019
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartie
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
A 16 e
( c
Vale If-no Ron Burton
City -tto ey Interim City Manager
PR No. 20913
08/20/2019 mje
Page 4 of 4
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel
Interim Director of Finance
Alberto Elefano, P.E.
Director of Public Works
uIi Liktia.Clifton llCPPB
Purchasing Manager
EXHIBIT A
PO Box 888 Phone:409-962-2677
Bridge City TX 77611 FAX:409-962-2771
EKC AVAlir■ D N
CONST
RUCT■ DN
Contractors Certificate of Completion
PROJECT: Lakeshore Drive Phase 1
LOCATION: Lakeshore Drive
OWNER: City of Port Arthur
Contractor certifies that the Work to which this Certificate applies has been inspected by authorized representatives of
Owner and Contractor and that the Work is hereby declared to be complete in accordance with the Contract Documents
as of February 29,2019.
Signaturee Pitta
Print R.:chez I14 rd
Title D eAs: e 3S l''IAn e e r
Date 6/4.2Y A2o/ 9
ELIZABETH LEMOINE
•`;1�j'_� Notary Public.Stole of lexas
My Commission E xpaes
+;;,,;�,,,;•• September 24. 2019
EXHIBIT B
PO Box 888 Phone:409-962-2677
Bridge City TX 77611 FAX:409-962-2771
EXC AV AT■ C: N
CONSir IF*
U =mini DINN
Contractor's Affidavit of Payment of Debts and Claims
PROJECT: is/ticJherrr Pr!ve- i eQd Repo;r.S
LOCATION: La$iesAotC Ar•:vc , Por Y- ,4r )Il+ or i e%4s
OWNER: e,`¢J. 0-1) Port 4-rt ut'
State of Texas
County of Jefferson
The undersigned hereby certifies that,except as listed below, payment has been made in full and all obligations have
otherwise been satisfied for all materials and equipment furnished,for all work, labor,and services performed,and for
all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the
performance of the Contract referenced above for which the Owner or Owner's property might in any way be held
responsible or encumbered.
EXCEPTIONS:
Signature ('-e- IQ i/3-Z
Print /gcAeze horr,n9 'on
Date 2 427/, 9 ELIZABETH LEMOINE
;SAA Notary PubIrc,StoTe or texas
•y . My Commission Exp'piles
September 24, 2019
Sworn to and subscribed before me, a
Notary public,this() '1 day of R-1011-14o 1, of 019
Notarp_ublic
My commission expires: `�y
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 09 DAY OF JULY 20 18
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND EXCAVATION AND CONS I RUCTION, LLC
(Name of Contractor)
OF 6601 PROCTOR STREET EXTENSION, PORT ARTHUR, TEXAS
(City and State)
FOR THE: LAKESHORE DRIVE ROADWAY PAVEMENT REPLACEMENT PHASE I
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:
Forty-eight thousand Thirty-eight Dollars &Sixty-five Cents($48,032.65)
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:
NONE
3. The undersigned further certifies that all work required under this contract, including all Change
Orders, 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.
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 modification or change thereof.
5. That, in consideration of the payment of the amount stated in Paragraph 1 here of, 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 sucn
further releases or assurances as the Owner and Operator may request.
1 of 2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this cab 'Lk
day of J Sn e , 20 19 .
EXCAVATION AND CONSTRUCTION
(Contractor)
BY:
(Ricky Harrington)
, being first duly sworn on oath, deposes and says, first,
91,5:n e-b
that he is the /lei n a,9 e-r of Excavation and Construction, LLC
(Tide) (Name of Contractor)
ev,i'ie 55
Second, that he has read the foregoing certificate by him subscribed as /712,-,q, e r
of Excavation and Construction, LLC i8e
(Name of Contractor)
Affiant further states that the matters and things stated herein are true.
L 't4,110
/d2
(Ricky Harrington)
Subscribed and sworn to before me this Q.Le day of J U n , 20 19 .
My commission expires CI- a Li' aOl R
(Date)
8,- mi
411 �ubli
(Notary c)
Seal: EU2ABEIH tEMOINE
I ` ��` Notary Pubilc,Store 01 Texos
My commission Expnt's
Septembe' 24. 2019
2 of 2
EXHIBIT D
rr r:Itr
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: June 24, 2019
Project: Lakeshore Drive Roadway Pavement Replacement Project Phase I from 4186 to 4300
Lakeshore Drive.
Project—Close Out; Project No. EDC002
To: All Concerned
Gentlemen:
I HEREBY CERTIFY THAT this project was completed on February 29, 2019 and that the work was
under periodic inspection during construction by Public Works Engineering, City Inspector. That to
the best of my knowledge, the project was constructed substantially in accordance with the plans and
specifications, and that record documents were received and are on file in the City of Port Arthur
Public Works Engineering Division.
Submitted by:
Alberto Elefano, P.E.
Public Works Director
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 09 DAY OF JULY, 20 18,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
OF 6601 PROCTOR STREET EXTENSION, PORT ARTHUR, TEXAS
(City and State)
FOR THE: LAKESHORE DRIVE ROADWAY PAVEMENT REPLACEMENT PHASE I
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned does hereby guarantee all of the work done under the above referenced contract
to be free from improper workmanship and free from faulty materials, and that all work was
performed in accordance to the guidance and instructions received from the City of Port Arthur
according to the terms of the aforesaid contract.
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 action taken by the City Council of the City of Port Arthur
accepting this work.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and EXCAVATION AND CONSTRUCTION, LLC 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 concerned in this affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this a Cf
day of Julf, f, , 20 19 .
EXCAVATION AND CONSTRUC110N, LLC
(Contractor)
BY4111.1
(Eric Gilchriest)
1 of 2
I C G t 1C-hrit%i , being first duly sworn on oath, deposes and says, first,
that he is the Manan eY of EXCAVATION AND CONSTRUCTION, LLC
(Title) (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as ',-11lan0( Q�'
(Title)
of EXCAVATION AND CONSTRUCTION, LLC
(Name of Contractor)
Affiant further states that the matters and thin stated herein are true.
(Eric Gilchriest)
Subscribed and sworn to before me this c.�u day of n Pi 1 , 20 19 ,
My commission expires
(Date)
\Q..0(Notary ,'c)
Seal:
1/Illy
;: j ELIZABETH LEMOINE
✓+°_.�l�,'q? Notary Public,Stole of Texas
My Commission Expires
;;;.•• ° September 24, 20)9
2 of 2
EXHIBIT F
PO Box 888 Phone:409-962-2677
Bridge City TX 7761111FAX:409-962-2771 1111
EXC A11=111-11-1 O N
COI4I ILI I=ir 101
Contractors Certificate of Warranty
PROJECT: Lo Masitore- Ong rc f!"DQ d R efleL PS
LOCATION: LcrKSt,,Sprve. Perp 4,1-Aur Te44S
OWNER: C,(iy CV f' I) rt 4ryr
Excavation &Construction, LLC,does hereby warrant that all labor and materials furnished and work performed are in
accordance with the contract documents and authorized modifications thereto and will be free from defects due to
defective materials and workmanship for a period of one year from Date of Final Completion. This warranty commences
on 3)/ f/ ? and expires on 3J/Jac
Should any defect develop during the warranty period due to improper materials or workmanship,the defect shall be
corrected at no expense to the Owner.
If,for any reason, Excavation &Construction, LLC fails to repair the defect,the Owner may,at his option,correct defects
and charge Excavation &Construction, LLC for such correction.
Nothing in the above shall be deemed to apply to work which has been abused or neglected.
Signature 64`'rte/ /"
Ce--- -
Print /Q:c-A s.r d r, n G f on
Title fu5toe35 /t?On 4sc�'
Date a2/6,27/1 9
EXHIBIT G
Exacavation &Construction
Proj#EDC002
Lakeshore Phase 1
Pymt# Pymt Date CK# Amt Expensed Retainage Ck Amount
Total contract amount 528,195.63
Pymt#1 8/2/2018 364566 117,640.97 5,882.05 111,758.92
Pymt#2 9/5/2018 365543 82,192.28 4,109.61 78,082.67
Pymt#3 10/3/2018 366290 87,894.90 4,394.74 83,500.16
Pymt#4 11/8/2018 368173 51,742.44 2,587.12 49,155.32
Pymt#4 1/9/2019 369413 217,706.59 10,885.33 206,821.26
Amount Invoiced and Paid 557,177.18 27,858.85 529,318.33 529,318.33
(1,122.70) Refund Due
Less duplicate payment 51,742.44 2,587.12 49,155.32
505,434.74 25,271.73 480,163.01
Final Invoice 22,760.89 1,138.04 21,622.85
Total per contract 528,195.63 26,409.77 501,785.86
Final Invoice due 22,760.89 1,138.04 21,622.85
duplicate payment (51,742.44) (2,587.12) (49,155.32)
Overpaid (28,981.55) (1,449.08) (27,532.47)
Retainage Due Excavation 26,409.77
Net Refund due to the City (1,122.70)
EXHIBIT H
INVOICE #ENG-100
CITY OF PORT ARTHUR
PUBLIC WORKS DEPARTMENT - ENGINEERING
444 4TH STREET
PORT ARTHUR, TX 77640
DATE AUGUST 20, 2019
BILL TO FOR
EXCAVATION & CONSTRUCTION LLC LAKESHORE DRIVE PROJECT
6601 PROCTOR ST. PHASE I
PORT ARTHUR, TX 77640
PHONE 409 962 2677
Details AMOUNT
Overpayment on Project $1,122.70
TOTAL $1,122.70
Make all checks payable to CITY OF PORT ARTHUR
If you have any questions concerning this invoice, please contact:
Alberto Elefano; Director of Public Works 409 9838189
THANK YOU
EXHIBIT I
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
LAKESHORE DRIVE ROADWAY PAVEMENT REPLACEMENT PROJECT PHASE I
FROM 4186 TO 4300 LAKESHORE DRIVE.
To: Excavation & Construction, LLC of Port Arthur, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
Lakeshore Drive Roadway Pavement Replacement Project Phase I on the basis of the
recommendation of the City of Port Arthur's Public Works' Engineering Department and receipt
of the Engineer's Certificate of Completion, Contractor's Affidavit of Payment of Debts and
Claims, Contractor's Certificate of Release, Contractor's Certificate of Guarantee executed by
Excavation&Construction, LLC of Port Arthur, Texas.
Ronald Burton
Interim City Manager
Sherri Bellard
City Secretary