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HomeMy WebLinkAboutPR 18324: THE PLEASURE ISLAND RECREATION CORRIDOR TRAIL, SECTION 2 (FISHING PLATFORM) P. R. NO. 18324 5/6/14 jd RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE CONSTRUCTION OF THE PLEASURE ISLAND RECREATION CORRIDOR TRAIL, SECTION 2 (FISHING PLATFORM) AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. WHEREAS, the City has received for the Pleasure Island Recreation Corridor Trail, Section 2 (fishing platform), an Engineer's Certificate of Completion, dated April 23, 2014 from Paul M. White, P.E., of Arceneaux & Gates Consulting Engineers, Inc. (attached as Exhibit "A "), a Contractor's Certificate and Release, dated April 1, 2014, from GADV, Inc. dba L & L General Contractors (attached as Exhibit "B "), and a Contractor's Certificate of Guarantee, dated April 1, 2014, from GADV, Inc. dba L & L General Contractors (attached as Exhibit "C "), certifying that the Pleasure Island Recreation Corridor Trail, Section 2 (fishing platform) has been completed; and, WHEREAS, the engineer has submitted Monthly Invoice No. (FINAL) 2 in the amount of $7,526.23 (attached as Exhibit "D "); 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 Manager is hereby authorized to execute, on behalf of the City of Port Arthur, a Certificate of Acceptance to GADV, Inc. dba L & L General Contractors for the Pleasure Island Recreation Corridor Trail, Section 2 (fishing platform), attached and made a part hereof as Exhibit "E "; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of May, 2014, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: I Tiz o, ity At rne o": 6.eit APPROVED FOR ADMINISTRATION: John A. Comeaux, P. E., Jimmy R. Dike, Director, Pleasure Island Interim City Manager APPROVED AS TO AVAILABILITY OF FUNDS: 0 _./ A. 4 e Debo .ah H. Echols, Finance ctor Shawna Tubbs, Purchasing Manager EXHIBIT "A" ENGINEER'S CERTIFICATE OF COMPLETION Project: PLEASURE ISLAND RECREATIONAL CORRIDOR TRAIL, SECTION 2 Date Of Issuance: April. 23, 2014 Owner(s): CITY OF PORT ARTHUR. Owner's Project No.: PIC -460, Contract No. I Engineer: ARCENEAUX & GATES CONSULTING ENGINEER.S, INC., A BURROW GLOBAL COMPANY Contractor GADV, ENC. dba L &L GENERAL CONTRACTORS 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 GADDV, INC. dba L&L GENERAL CONTRACTORS [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 MARCH 26, 2014 .w� DATE OFCOMPLETION �� diaN Executed by Engineer on. _ >rb •,,. 2! , '4)14 �' �- W- 'TE V 65408779 BY ARCENEAUX & GATES CONSULTING ENGINEERS, INC., [SEAL] A BURROW GLOBAL COMPANY 1 /1 EXHIBIT "B" CONT'RACTOR'S CERTIFICATE AND RELEASE FROM: .,_ GADV, dba L&L GENERAL CONTRACTORS (Name of Contractor) • TO: CITY OF PORT ARTHUR (Owner) µ w REFERENCE CONTRACT NO. PIC -460, Contract No. 1 ENTERED INTO THE 151. • DAY OF APRIL, 2014 BETWEEN THE CITY OF PORT ARTHUR AND GADV, INC. dba L &L GENERAL CONTRACTORS (Name of Contractor) OF BEAUMONT, . TEXAS . .. • (CttY) (State} FOR T.l-IE PLEASURE ISLAND RECREATIONAL CORRIDOR TRAIL, SECTION 2 (Name of Project) KNOW ALL MEN SY 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 Seven Thousand Five Hundred Twenty - Six and 23!900 Dollars (57,526.23) 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) None . — � (b) (c) .__None (d) ; bone (ttetnize 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 ONE 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 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 hill 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 Parag;raph 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 WHEREOP, the undersigned has signed and sealed this instrument this k_ day of /7a. it , 20L4L. [SEAL) GADV, INC. dba L &L GENERAL CONTRACTORS (Contactor) BY: ,, OW LEBLANC E PRESIDENT) • 4 12.4 LeBaNC0 , being first duly sworn on oath, deposes and says, first, that (Kirk LeBlanc) he is the _ it *s ,rt~r of GADV, INC. dba L&L GENERAL CONTRACTORS (Vice President) (Name of Company) second, that he has read the foregoing certificate by him subscribed as Jigs 146.so Jt (Vice President) of GADV, INC. dba L &L GENERAL CONTRACTORS • (Name of Company) Affiant further states that the matters and things stated herein are true. • b (Kirk LeBlanc) Subscribed and Sworn to before me this Dj24 day of A/9214... 20 -_: My commission expires (,t�,Q4 y 6 _ ga1 (Date) 4 N" ;;�. r�c.,cntl� ail<E fa tlCtlt3flAl. t x PdtttCry l>uta'fr„ Stott o± rttx0 L ;1:f Ply Ce>mmi don f xOres �� rear' : Januory 13, 201 ? (Notary Public) EXHIBIT "C" CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: GADV, INC. dba I., &I., CiINERAL CONTRACTORS TO: CITY OF PORT ARTHUR FOR: RECREATIONAL FACILITIES FOR PLEASURE ISLAND COMMISSION REFERENCE CONTRACT NO. PIC-460, Contract No. 1 ENTERED INTO THE_ I 1sT DAY OF APRIL„ 2014 BETWEEN THE CITY OF PORT ARTHUR AND GAIN NC. dba L&L GENERAL CONTRACTORS OF BEAUMONT, TEXAS FOR: PLEASURE ISLAND RECREATIONAL CORRIDOR TRAIL, SECTION 2 KNOW ALL MEN BY THESE PRESENTS: 1. (.iADV. INC. dba. L &L GENERAL CONTRACTORS 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 GADV dba L&.L GENERAL CONTRACTORS 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 13te day of APIA. , 201i [CORPORATE SEAL] GADV, INC. dba L&L GENERAL CONTRACTORS (Contractor) BY: J LJJ BLAK, , being first duly sworn on oath, deposes and says, first that he is the Vg,e_ Pee5 bear • second, that he has read the foregoing certificate by him subscribed as — . • of GADV, INC. dba L&L GENERAL CONTRACTORS Aftlant further states that the matters and things stated herein are true. f f (Klitt LeBlanc) • Subscribed and sworn to before me this Mgt, day of 20 it/ My commission expires 1-18 -zon — (Date) rir:M7C7A71:Art;:sN:t":st,,F.. 0 ., i N e ft x . o l, tr*ct "t.)r.:4;%1C<.;rn't:ni'ssion Fxplros Jonuoi y 1 8, 2017 (Notary Public) 2/2 EXHIBIT "D" CONTRACT FOR CONSTRUCTION OF PLEASURE ISLAND RECREATION CORRIDOR TRAIL SECTION 2 : TO SERVE CITY OF PORT ARTHUR PIC -460 CONTRACT NO. 1 Pittikk: City of Port Artihur : .: CONTRACTOR L & L Gener ntract rrs 444 4th Street : 11988 FAO 36 West Port Arthur, TX 77642 Beaumont, TX 77706 A &G Job No. PIC -460 Date: April 23, 2014 A &G Construction Phase No. PIC -460 Invoice Period: 4/1/2014 - 4/10/2014 Monthly Invoice No. (FINAL) 2 Contract Date: December 10, 2013 Contract Amount $ 90,611.00 Notice to Proceed: April 1, 2014 Change Orders: Contract Time: 45 Calendar Days Change Order No. 1 $ 2,995.68 Total Contract Amount to Cate: $ 98 602 36 Approved Time Extensions: Days Amount Placed to Date: $ 93,606.68 Revised Contract Time: 45 Calendar Days Material on Hand Not in Place: $ - Days to Date: 41 Days Subtotal: $ 93,606.68 Original Completion Date: May 15, 2014 Less 5% Retainage: $ - Revised Completion Date: May 15, 2014 Balance: $ 93,606.68 Percent Time Used: 91% Less Amounts on Percent Complete: 97% Previous Invoices: $ 86,080.45 TOTAL AMOUNT DUE $ 7,526.23 TEXAS REGISTERED ENGINEERING FIRM ^ '' •A� Recommended for * Approval: oe - 1 7 [ _ PAUL M7 WHITE RS ,g 3 / ' ,.Trn 4 f a Paul White, PE [SEAL] MONTHLY INVOICE NO. 2 PLEASURE ISLAND RECREATION CORRIDOR TRAIL SECTION 2 CITY OF PORT ARTHUR . PIC -460 CONTRACT NO. 1 • Aril 23, 2014 • .. .. .. Quantity Total ..... Desenpt,on Of Sid Item Approx. Unit This Quantity To ilnit Price Amount 'this Total Amount To QTY Estimate Date Estimate Data Bike X16 Mts�ng I . Mobilization 1 L.S. 1 $ 2,500.00 $ . $ 2,500.00 0onds &Insurance 1 L.S. 1 5 1,500.00 $ - 5 1,500.00 L out ._.._ 1 L.S. • 1 $ 1.500.00 5 . - 5 1,500.00 FINS Davin 1 L.S. 1 $ 40,000.00 S - $ 40.000.00 ® Structural Lumber and Installation 1 L.S 1 $ 18000.00 5 - $ 18,000.00 fl Dimmensioral Lumber and Installation 1 L.S. 1 5 21,000.00 5 $ 21,000.00 1111Conrote Ram. 1 L.S. 1 5 5.000.00 5. - $ 5.000.00 � Cleanu• and Sttmwnrk 1 L.S. 1 $ 1,111.00 5: - $ 1,111.00 Che .; Orders . - Cha o Order No. 1 9. Materials and Labor to Fabricate the Boardwalk 1 L S. 1 1 $ 2,095.68 5 2,995 08 $ 2.995.68 TOTAL $ 2,995.6$ $ 93,606.66 • EXHIBIT "E" CERTIFICATE OF ACCEPTANCE FOR Completion of Pleasure Island Recreation Corridor Trail, Section 2 (Fishing Platform) IN THE CITY OF PORT ARTHUR TO: GADV, Inc. dba L & L General Contractors This is to certify that the City of Port Arthur, Texas, accepts the completion of the Pleasure Island Recreation Corridor Trail, Section 2 (fishing platform), on the basis of the Engineer's Certificate of Completion as executed by Paul M. White, P.E.; and the Contractor's Certificate of Guarantee and Contractor's Certificate and Release, both executed by Kirk LeBlanc of GADV, Inc. dba L & L General Contractors. John A. Comeaux, P.E., Interim City Manager ATTEST: Sherri Bellard City Secretary