HomeMy WebLinkAboutPR 17740: CONTRACT WITH L.D. KEMP FOR CELL 48 CONSTRUCTION PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Floyd T. Johnson, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.R. #17740 — Amendment No. 1 - L. D. Kemp for CeII 48 Construction
DATE 19 June 2013
RECOMMENDATION:
I recommend that the City Council approve Amendment No. 1 to the contract with L. D. Kemp
Excavating, Inc. of Fort Worth, Texas for the CeII 48 Liner and Drainage Improvements at the
City of Port Arthur Landfill Base Bid and Add Alternate 1 for the not to exceed amount of
$1,197,523.
BACKGROUND:
In Resolution 13 -178, the City Council approved a contract with L. D. Kemp Excavating, Inc. of
Fort Worth, Texas for the CeII 48 Liner and Drainage Improvements at the City of Port Arthur
Landfill. The provision for retainage was inadvertently omitted from this contract. Due to the
size and value of the service being provided, it is desired that the contract be amended to
include a provision for 5% retainage.
There will be no impact on the time of performance or total value of this contract due to this
amendment.
BUDGETARY /FISCAL EFFECT:
Funds are available in CIP302, 303 - 1601 - 591.89 -00
EMPLOYEE /STAFF EFFECT:
None
SUMMARY
I recommend that the City Council approve Amendment No. 1 to the contract with L. D. Kemp
Excavating, Inc. of Fort Worth, Texas for the CeII 48 Liner and Drainage Improvements at the
City of Port Arthur Landfill Base Bid and Add Alternate 1 for the not to exceed amount of
$1,197,523.
&A
Ross E. Blackketter, P.E.
Director of Public Works
REB /rtb
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P.R. No. 17740
06/19/13 reb
RESOLUTION NO.
A RESOLUTION AMENDING THE CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND L. D. KEMP EXCAVATING, INC. OF FORT
WORTH, TEXAS FOR THE CELL 48 LINER AND DRAINAGE
IMPROVEMENTS AT THE CITY OF PORT ARTHUR LANDFILL IN
THE NOT TO EXCEED AMOUNT OF $1,197,523. CIP302, 303-
1601- 591.89 -00.
WHEREAS, pursuant to Resolution 13 -178, the City entered into a contract with
L. D. Kemp Excavating, Inc. for Cell 48 Liner and Drainage Improvements at the City of
Port Arthur Landfill; and,
WHEREAS, the provision for retainage was inadvertently omitted from the
aforementioned contract; and,
WHEREAS, it is desired to amend the contract with L. D. Kemp Excavating, Inc.
for Cell 48 Liner and Drainage Improvements at the City of Port Arthur Landfill to
include a five percent (5 %) retainage as stated in the attached Exhibit "A "; 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 Council of the City of Port Arthur hereby authorizes the City
Manager to execute Amendment No. 1 to the contract with L. D. Kemp Excavating, Inc.
for Cell 48 Liner and Drainage Improvements at the City of Port Arthur Landfill as
shown in Exhibit "A" attached hereto and made a part hereof, with no effect on the
time or total amount of said contract; and,
P.R. No. 17740
Page 2
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.
2013 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
Mayor
Attest: APPROVED S TO FORM:
A ge_
Sherri Bellard Valecia no I
City Secretary City Attorney
P.R. No. 17740
Page 3
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
Floyd T. Johnson 0.4 Deborah Echols, CPA
City Manager Director of Finance
i2o#4‘i,61" ,,fsh
Ross E. Blackketter, P.E. Shawna Tubbs, CPPO
Director of Public Works Purchasing Manager
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EXHIBIT A
Amendment No. 1 to the Contract for:
CITY OF PORT ARTHUR
CELL 48 LINER AND DRAINAGE IMPROVEMENTS AT
CITY LANDFILL
The contract shall be amended with the following language being added:
The Owner shall make a progress payment to the Contractor on the basis of a duly
certified and approved estimate of the work performed during the preceding
calendar month under this Contract, but to insure the proper performance of this
Contract and prior to final computation of installed or as -built quantities, the Owner
shall retain five percent (5 %) of the amount of each estimate until final
completion and acceptance of all work covered by the contract, and final
computation of installed or as -built quantities.
Whenever the improvements provided for by the Contract have been completely
performed on the part of the Contractor, as approved by Owner and Engineer, a
final estimate showing the value of the work shall be prepared by the Engineer
following completion of the necessary measurements and computations. All prior
estimates upon which payments have been made are subject to necessary
corrections or revisions in the final payment. The amount of this final estimate,
Tess any sums that have been previously paid, deducted or retained under the
provisions of the Contract, shall be paid to the Contractor.
AGREED TO:
OWNER CONTRACTOR
L. D. Kemp Excavating, Inc.
BY: BY:
Floyd T. Johnson
City Manager Mike Brackney, Vice President
(Printed Name)
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