HomeMy WebLinkAboutPR 21080: RECONSTRUCTION OF 15TH STREET PROJECT FROM VERA DRIVE TO MAIN AVENUE PROJECT NO. ST 1P04 CLOSE OUT AND RELEASE OF RETAINAGE , r; rtltur
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: October 17, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton. Interim City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R. 21080—Reconstruction of 15th Street Project from Vera Drive to Main
Avenue Project No. ST1PO4 Close Out and Release of Retainage
Introduction:
The intent of this Agenda Item is for City Council to authorize the City Manager to accept the
Engineer's Certificate of Substantial Completion with Punch List, the Engineer's Certificate of
Completion, the Contractor's Affidavit of Payment of Debts and Claims, the Contractor's
Certificate and Release, the Contractor's Certificate of Guarantee and approve the release of
retainage in the amount of$14,025.25.
Background:
Excavation & Construction, LLC of Port Arthur, Texas was awarded the project for the
Reconstruction of 15th Street Project from Vera Drive to Main Avenue for the amount of
$289,350.70. Change Order No. 1, approved by Council under Resolution No. 19-340, was
submitted by Excavation & Construction, LLC of Port Arthur, Texas, which increased the
contract completion term by 27 calendar days due to the delays in local concrete mix plants and
reworking driveway and culvert elevation errors, extended the contract completion date to
August 21, 2019. Change Order No. 2, approved by Council under Resolution 19-442, was
submitted by Excavation & Construction, LLC of Port Arthur, Texas, which adjusted bid
quantities that decreased the original contract amount by $8,845.80 to the new contract amount
of $280,504.90. Additionally, Excavation & Construction, LLC of Port Arthur, Texas is
requesting the release of retainage in the amount of$14,025.25.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
Retainage Funds are available in Account No. 307-0000-205.00-00. Project No. STI PO4.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21080 authorizing the
City Manager to accept the Engineer's Certificate of Substantial Completion with Punch List,
the Engineer's Certificate of Completion, the Contractor's Affidavit of Payment of Debts and
Claims, the Contractor's Certificate and Release, the Contractor's Certificate of Guarantee and
approve the release of retainage in the amount of$14,025.25.
"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. 21080
10/14/2019 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 15TH STREET RECONSTRUCTION PROJECT FROM VERA DRIVE
TO MAIN AVENUE AND AUTHORIZING THE CITY MANAGER TO
SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY
OF PORT ARTHUR, TEXAS; AND AUTHORIZATION OF RELEASE OF
RETAINAGE IN THE AMOUNT OF $14,025.25 WITH FUNDS
AVAILABLE IN ACCOUNT NO. 307-0000-205.00.00.
WHEREAS, pursuant to Resolution No. 19-038, the City of Port Arthur's City
Council awarded the contract for the 15th Street Reconstruction from Vera Drive to Main
Avenue to Excavation & Construction, LLC of Port Arthur, Texas with a projected
budgetary impact of $289,3501.70 and a term of 150 calendar days; and,
WHEREAS, pursuant to Resolution No. 19-340, the City of Port Arthur's City
Council approved Change Order No. 1 submitted by Excavation & Construction, LLC of
Port Arthur, Texas which increased the contract completion term by 27 calendar days due
to the delays in local concrete mix plants and reworking driveway and culvert elevation
errors found in the field and extended the contract completion date to August 21, 2019;
and,
WHEREAS, pursuant to Resolution No. 19-442 the City of Port Arthur's City
Council approved Change Order No. 2 submitted by Excavation & Construction, LLC of
Port Arthur, Texas for $8,845.80 that adjusted bid quantities and decreased the original
contract from $289,350.70 to the new contract amount of $280,504.90; and,
PR No. 21080
10/14/2019 mje
Page 2 of 4
WHEREAS, Excavation & Construction, LLC 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 Engineer's Certificate of Substantial
Completion with the Punch List, Exhibit A, and the Engineer's Certificate of Completion
dated August 21, 2019 stating that the work to which that Certificate applies has been
inspected, authorized, and declared to be complete in accordance with the contract
documents and made a part hereof as Exhibit B; together with a Contractor's Affidavit of
Payment of Debts and Claims, Exhibit C; Contractor's Certificate and Release, Exhibit D;
the Contractor's Certificate of Guarantee, Exhibit E; and,
WHEREAS, Excavation & Construction, LLC of Port Arthur, Texas has submitted
the final invoice requesting release of retainage in the amount of $14,025.25, Exhibit F;
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, Excavation & Construction, LLC of Port Arthur, Texas has completed the
contracted project to the satisfaction of the City Engineer and the City staff, Exhibit G;
and the City Manager of the City of Port Arthur is hereby authorized to release retainage
to Excavation & Construction, LLC of Port Arthur, Texas in the amount of $14,025.25;
and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to execute
on behalf of the City of Port Arthur a Certificate of Acceptance, Exhibit H, for the
PR No.21080
10/14/2019 mje
Page 3 of 4
completion of the Reconstruction of 15th Street Project from Vera Drive to Main Avenue;
and,
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:
Council members:
Noes:
Thurman "Bill" Bartle
Mayor
Attest:
Sherri Bellard
City Secretary
PR No.21080
10/14/2019 mje
Pale 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
/'616-C14-
Valecia Tizeno 9 Ron Burton
City Attorney Interim City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
k (A-/\_ 6 9 , _,,_
Kandy Daniel{
Interim Director of Finance
Alberto Elefano, P.E.
Director of Public Works
Nr
Clifton iilliams, CPPB
Purchasing Manager
EXHIBIT A
ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: 15th STREET IMPROVEMENTS FROM VERA DRIVE TO MAIN AVENUE
Date of Issuance: AUGUST 22, 2019
Owner: CITY OF PORT ARTHUR
Owner's Project No. CPA-960, Contract No. 1
Engineer: ARCENEAUX WILSON&COLE LLC
Contractor: EXCAVATION AND CONSTRUCTION, LLC.
This Engineer's Certificate of Substantial Completion applies to all Work under the Contract
Documents or to the following specified parts thereof:
TO CITY OF PORT ARTHUR
[SERI
AND TO EXCAVATION AND CONSTRUCTION, LLC.
[CONTRACTOR]
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 substantially complete in
accordance with the Contract Documents on
August 14, 2019
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by Contractor within 8 days of the above Date of Issuance. From
the date of Substantial Completion the responsibilities between Owner and Contractor for security,
operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as
follows:
1/2
AMM
.v11.1rk CIVIC
MN ARCENEAUX WILSON&COLE
enyineeriny I ourveyiny I plurrniny
FINAL COMPLETION INSPECTION
PUNCH LIST
DATE: August 22, 2019
PROJECT: 15th Street Improvements from Vera Drive to Main Avenue
AW&C Job No. CPA-960
ATTENDEES: Keestan Cole, PE - Arceneaux Wilson & Cole LLC (AWC)
Derek Graffagnino - AWC
Simon Carron - AWC
Ethan Langstan - Excavation and Construction LLC
Leslie Wingate - Excavation and Construction LLC
Rafael Miranda - City of Port Arthur (CPA)
Martin Flood - CPA
Adam Alfred - CPA
The following items are to be corrected or completed to comply with the
Contract Documents,Technical Specifications and Construction Plans.
GENERAL ITEMS
- Remove temporary pipe and driveway that Contractor installed on
southwest side of Vera Drive for mobilizing equipment.
- Finish installing top layer of fill between roadway and roadside ditches and
grading per plans on both sides of 15th Street.
- When weather permits, install hydro mulch seeding for the length and
width of project limits and up to ROW.
- Install sign at Vera Drive intersection near headwall per plans.
- Pick up/clean trash located between the edge of road to the ROW line for
the length of the project.
- Check/monitor, during warranty period, the minor hairline cracking on
select areas on east side of proposed paving along 15th Street.
- Sweep new concrete paving sections of 15th Street and Vera Drive
intersection.
END OF PUNCH LIST
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
RESPONSIBILITIES
OWNER: Operation of the constructed facilities.
CON TRACTOR: Security, Safety, Maintenance, Insurance, Warranties and Guarantees of the
constructed facilities.
The following documents are attached to and made a part of this Certificate:
Final Completion Inspection Punch List
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with
the Contract Documents.
Executed by ENGINEER on $ep/cnr►&er J ,2019.
ARCENEAUX WILSON & COLE LLC
[ENGINEER]
By: C�
CONTRACTOR accepts this Certificate of Substantial Completion on Q//l ,2019
EXCAVATION AND CONSTRUCTION, LLC
[CONTRACTOR]
By: //?ii-
OWNER accepts this Certificate of Substantial Completion on ,2019
CITY OF PORT ARTHUR
[OWNER]
By:
EXHIBIT B
ENGINEER'S CERTIFICATE OF COMPLETION
Project: RECONSTRUCTION OF 15714 STREET FROM VERA DRIVE TO MAIN AVENUE
Date of Issuance:AUGUST 22,2019
Owner(s):CITY OF PORT ARTHUR
Owner's Project No.: CPA-960,Contract No. 1
Engineer: ARCENEAUX WILSON& COLE LLC
Contractor: EXCAVATION&CONSTRUCTION LLC
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO CITY OF PORT ARTHUR
[OWNER]
AND TO EXCAVATION&CONSTRUCTION LLC
[CONTRACTOR]
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
AUGUST 21,2019
DATE OF COMPLETION
Executed by Engineer on , em le r 102 , 2019 c,xr. f o ,
�KEESTAN x.. 0012
rNIId'tf fNYr
1,1,,s 114225 .�. /
ljtitgs3l;� rel. ,. f
BY:
ARCENEAUX WILSON & COLE LLC •
[SEAL]
1`1
EXHIBIT C
Contractor's Affidavit
PROJECT: Reconstruction of 15th Street from Vera Drive to Main Avenue
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State of Texas
County of Jefferson
The undersigned hereby certifies that, except as listed below, all previous progress payments received
on account of the Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
EXCEPTIONS:
Signature6;6.14-d_ /4--Z
—
Print A%Gh et C d Ho r r r'r l'On
Date 9)111) 9
Sworn to and subscribed before me, a
Notary public, this day of Jeplembe-r , . O 19
ff2A,...„4,104 sO,tee,'
/Notary Public
My commission expires: 1 a q -a0 f 9
,+`':�'�."�% ELIZABETH LEMOINE
'? . h Notary Public.State of Texas
...k My Commission Expires
September 24, 2019
EXHIBIT D
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: EXCAVATION&CONSTRUCTION LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-960 ,Contract No. 1 ENTERED INTO THE 5TH
DAY OF FEBRUARY 2019 ,BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATION& CONSTRUCTION LLC
(Name of Contractor)
OF PORT ARTHUR TX
(City) (State)
FOR THE RECONSTRUCTION OF 151/1 STREET FROM VERA DRIVE TO MAIN AVENUE
(Name of Project)
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
($ 189.447.07)
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:
(a)
(b)
(c)
(d)
(Itemize claims and amounts due) (If none,so state)
3. The undersigned further certifies that all work required under this contract, including work required
under Change Order(s)numbered 1-2 , 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.
1
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 modifications or change thereof.
5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, 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 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 h day
of Sep fe.N be r ,20/9.
[SEAL] EXCAVATION&CONSTRUCTION LLC
(Contractor)
BY: a <�
(Signature and Tile of Officer)
.'G of ;d // a rr n r/Or) being first duly sworn on oath, deposes and says, first, that
(Affiant) J
he is the /I/0,1 a (' of Ga v�cp -j(Dr) S C On Ser,-, c1 ,(Or) 1 L L
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as /11 Ct n (it cf C r
rifle)
of f-7`CC c)n ` eS7rriic-Y� c�n 1 L 1, c._
(Name of Company)
Affiant further states that the matters and things stated herein are true.
'
(Affiant)
2
Subscribed and sworn to before me this ` 1 day of Se-Pkinlbe'r
20 \ .
My commission expires ` a(-1 n
lam)
(Notary Pubic
,,,, ELIZABETH LEMOINE
.Q`=_ No My os
Commission Expires
' September 24, 2019
3
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CITY OF PORT ARTHUR
TO:EXCAVATION AND CONSTRUCTION,LLC.
FOR:RECONSTRUCTION OF 15TH STREET FROM VERA DRIVE TO MAIN AVENUE
REFERENCE CON 1RACT NO. CPA-960, Contract No. 1 ENTERED INTO THE 5TH DAY OF
FEBRUARY 2019 BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATION AND CONSTRUCTION,LLC.
OF PORT ARTHUR,TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. EXCAVATION AND CONSTRUCTION,LLC. does hereby guarantee all of the work done under
the above referenced contract to be free 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.
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 Engineer's Certificate of Completion.
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 contained in this affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this /f> day
of 5,e
e , .20 /1 .
1/2
[CORPORATE SEAL] EXCAVATION AND CONSTRUCTION, LLC.
(contractor)
BY: /At-40C /fit Z. .
R i t t A Q r,4 hie r r /1 n ,being first duly sworn on oath, deposes and says,first that
he is the /`'11 On cZ 9 l'
second,that he has read the foregoing certificate by him subscribed as 71-20 r) cr le r
of if Ger ✓lam i:et) et n31-eu t_, D n l L L.c-
Affiant further states that the matters and things stated herein are true.
'- L2 ,d
P.
(Affiant)
Subscribed and sworn to before me this I I day of ed-VrY1 br ,
20 PI .
My commission expires I- 04-- )0
(cam)
(.__ _).(ym. A 11,.., ,,,,,,-
( 7 Pubirj
' ,, ELIZABETH LEMOINE
?�,By'
`�; Notory Public,State of Texas
;-.)N.4 My Commission Expires
E7,;'•,', September 24, 2019
2/2
EXHIBIT F
♦AIM CONTRACT FOR CPA-960
♦y.py RECONSTRUCTION OF 15TH STREET Contract No. 1
(VERA DRIVE TO MAIN AVENUE) Invoice No. 3 and FINAL
CIWC
OWNER: City of Port Arthur CONTRACTOR: Excavation & Construction LLC
444 Fourth St. Port Arthur,TX 77651 6601 Proctor Street Ext. Port Arthur, TX 77642
AWC Job No. CPA-960 Date: September 9, 2019
AWC Construction Phase No. CPA-961 Invoice Period: 8/15/2019 - 8/21/2019
Monthly Invoice No. 3 and FINAL Contract Date: Febuary 5,2019
Contract Amount $ 289,350.70 Notice to Proceed: February 25, 2019
Change Orders: Contract Time: 150 Calendar Days
Change Order No. 2 $ (8,845.80)
Total Contract Amount to Date: $ 280,504.90 Approved Time Extensions: 27 Calendar Days
Amount Placed to Date: $ 280,504.90 Revised Contract Time: 177 Calendar Days
Material on Hand Not in Place: $ - Days to Date: 177 Calendar Days
Subtotal: $ 280,504.90 Original Completion Date: July 25,2019
Less 5% Retainage: $ - Revised Completion Date: August 21,2019
Balance: $ 280,504.90 Percent Time Used: 100%
Less Amounts on Previous Percent Complete: 100%
Invoices: $ 266,479.66
TOTAL AMOUNT DUE THIS
INVOICE $ 14,025.25
a� `��
Recommended for Approval: CZE •OF• TF‘`
�,ct• • .:,111
o• •' I� SII
KEESTAN X. COLE
/
Keestan Cole 005.• 1142250 'iv.'40y
Contractor [SEAL]
409.724.7888
2901 Turtle Creek Dr.Suite 320
Port Arthur,TX 77641
awceng.com
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EXHIBIT G
City of \
ort rthu
Texas
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: October 15, 2019
Project: Reconstruction of 15th Street Project from Vera Drive to Main Avenue
To: All Concerned
Gentlemen:
I HEREBY CERTIFY THAT this project was completed on August 21,2019 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 Public
Works Engineering.
Submitted by:
tiA a4 6 , .--',---
DeWayne O. Davis, P.E.
City Engineer
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
EXHIBIT H
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
RECONSTRUCTION OF 15TH STREET PROJECT FROM VERA DRIVE TO MAIN
AVENUE
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
Reconstruction of 15t Street Project from Vera Drive to Main 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.
Ron Burton
Interim City Manager
Sherri Bellard
City Secretary