HomeMy WebLinkAboutPR 18774: TUNNEL DEMOLITION, BACKFILL, AND SIDEWALK REPLACEMENT, PROCTER STREET. MEMORANDUM
CITY OF PORT ARTHUR
PUBLIC WORKS - ENGINEERING DIVISION
TO: John A. Comeaux, P.E., Interim City Manager
FROM: Susan Polka, P.E., Public Works Director/City Engineer
DATE: December 11, 2014
RE: Proposed Resolution No. 18774
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18774 accepting
certain contract documents from GADV Inc., dba L&L Contractors, for the tunnel
demolition and backfill at 501 Procter Street, authorizing the City Manager to sign the
Certificate of Acceptance for the project, and making final payment to the Contractor.
BACKGROUND
On April 29, 2014, the City Council approved Resolution No. 14-392, authorizing a
contract with GADV Inc., dba L&L Contractors, of Beaumont, Texas, for the demolition
and backfilling of a tunnel at 501 Proctor Street, in the total amount of $45,000.00.
Work on the project was complete on November 18, 2014. GADV Inc., dba L&L
Contractors, and Arceneaux Wilson & Cole LLC have submitted all necessary documents
to close the project out, including final payment of $2,250.00.
BUDGET/FISCAL EFFECT
Funding for this particular project is provided in Account Number 120-1429-582.59-05,
which funds are set aside by the Economic Development Corporation for work on public
property and subject to approval by the City Council.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18774.
P.R. No. 18774
12/11/14 sjp
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 TUNNEL DEMOLITION, BACKFILL, AND
SIDEWALK REPLACEMENT ADJACENT TO 501
PROCTER STREET AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS, AND TO MAKE FINAL PAYMENT TO
THE CONTRACTOR IN THE TOTAL AMOUNT OF
$2,250.00. EDC ACCOUNT NUMBER 120-1429-582.59-05.
WHEREAS, the City of Port Arthur has received for the Tunnel Demolition,
Backfill and Sidewalk Replacement project adjacent to 501 Procter Street an Engineer's
Certificate of Completion dated November 26, 2014, from Marc A. Ochoa, P.E., of
Arceneaux Wilson & Cole LLC (attached as Exhibit "A"); a Contractor's Certificate
and Release dated November 26, 2014, from GADV Inc. dba L&L Contractors
(attached as Exhibit `B"); a Contractor's Certificate of Guarantee dated November 26,
2014, from GADV Inc. dba L&L Contractors (attached as Exhibit "C") all certifying
that the Tunnel Demolition, Backfill and Sidewalk Replacement project adjacent to 501
Procter Street has been completed; and,
WHEREAS, Exhibit"A" shows a FINAL balance due to GADV Inc. dba L&L
Contractors in the amount of$2,250.00; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
P.R. No. 18774
12/11/14 sjp
Page 2 of 3
THAT, the City Manager is hereby authorized to execute, on behalf of the City
of Port Arthur, a Certificate of Acceptance for GADV Inc. dba L&L Contractors for the
Tunnel Demolition, Backfill and Sidewalk Replacement project adjacent to 501 Procter
Street, attached as Exhibit"D"; and
THAT, payment shall be made to GADV Inc. dba L&L Contractors, in the
amount of$2,250.00; 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
2014 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
P.R. No. 18774
12/11/14 sjp
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E. Shawna Tubbs, CPPO, CPPB
Interim City Manager Purchasing Manager
usan Polka, P.E.
Director of Public Works/City Engineer
APPROVED AS TO AVAILABILTIY OF FUNDS:
DifiLta
Deborah Echols
Director of Finance
Account No. 120-1429-582.59-05
EXHIBIT "A"
P.R. No. 18774
ENGINEER'S CERTIFICATE OF COMPLETION
Project: TUNNEL DEMOLITION AND BACKFILL AT 501 PROCTER
Date of Issuance: NOVEMBER 26, 2014
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: EDC-200
Engineer ARCENEAUX WILSON & COLE LLC
Contractor: GADV INC. dba L&L CONTRACTOS
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 GADV INC. dba L&L CONTRACTOS
[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
NOVEMBER 18, 2014
DATE OF COMPLETION �,�y1���1��i1Z
Executed by Engineer on November 26, 2014 �,r••�• ���"°�`r*tl
�... �•
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...ARG
►.OCHOA...o
......96426 ct
V�j�. '. 11.9 5��r'1,4 1
BY: '`r" `/ 1'—`
ARCENEAUX WILSON & COLE LLC [SEAL]
TEXAS REGISTERED ENGINEERING FIRM F-16194
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EXHIBIT "B"
P.R. No. 18774
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: GADV INC. dba L&L CONTRACTORS
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. EDC-200, CONTRACT NO. 1 ENTERED INTO THE 6TH
DAY OF MAY, 2014 , BETWEEN THE CITY OF PORT ARTHUR
AND GADV INC. dba L&L CONTRACTORS
(Name of Contractor)
OF BEAUMONT, TEXAS
(City) (State)
FOR THE: TUNNEL DEMOLITION AND BACKFILL AT 501 PROCTER
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
TWO THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS ($2,250.00)
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)
(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 N/A 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
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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 WITNE S WHEREOF, the undersigned has signed and sealed this instrument this 24 day
of ��u'—h 0Gv , 2014.
(CORPORATE SEAL)
GADV INC. dba L&L CONTRACTORS
(Contractor)
BY: Z (/�f-�� �lt�,
( ignature a Title of Officer)
/re/L t'J/ ei , being first duly sworn on oath, deposes and says, first, that
(Affiant)
/� /
he is the VI Pc. of ct 6'„ • `--O a
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as tit P/a�
(Title)
of GADV INC. dba L&L CONTRACTORS
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(A [ant)
Subscribed and sworn to before me this ./-C� day of N 0V pr% dg , 2014.
My commission expires (-Z1-
(Date)
�r • . PATRICIA K 1RAFWI /� �c,•o-. �/
i; M 4 NOW/ TEXAS (Notary Public)
Cann. 29.'2015
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EXHIBIT "C"
P.R. No. 18774
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: GADV INC. dba L&L GENERAL CONTRACTORS
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. EDC-200, Contract No. 1
ENTERED INTO THE 6th DAY OF MAY, 2014 BETWEEN THE
CITY OF PORT ARTHUR AND
GADV INC.dba L&L GENERAL CONTRACTORS OF BEAUMONT, TEXAS
(Name of Contractor) (City,Texas)
FOR THE TUNNEL DEMOLITION AND BACKFILL AT 501 PROCTER
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. GADV 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 INC. 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 26th day
of NOVEMBER , 2014.
(CORPORATE SEAL) GADV INC. dba L&L GENERAL CONTRACTORS
6 . e of ontractor)
��BBY: �'" j Vice President
(ME ) (Title)
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Kirk LeBlanc , being first duly sworn on oath,deposes and says, first that he is the Vice President
(Affiant) (Title)
of GADV INC. dba L&L GENERAL CONTRACTORS
(Name of Contractor)
second,that he has read the foregoing certificate by him subscribed as_ Vice President
(Title)
of GADV INC.dba L&L GENERAL CONTRACTORS
Name of Contractor)
Affiant further states that the matters and things stated herein are true.
(Affian's Signature) /1 1111111111111'
Subscribed and sworn to before me this 26th day of NOVEMBER , 2014.
My commission expires: LI- 2.1- I S
(Date)
,•.y i PATRICK K.TRA 4d
e 2 d.- /(-- g?e2., il
N i Notary p' (Notary Public)
\•_
SUITE OF WAS
Cow. . 29,2015 '
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EXHIBIT "D"
P.R. No. 18774
II
CERTIFICATE OF ACCEPTANCE
FOR
COMPLETION OF TUNNEL DEMOLITION, BACKFILL,
AND SIDEWALK REPLACEMENT ADJACENT TO 501
PROCTER STREET
IN THE CITY OF PORT ARTHUR, TEXAS
TO: GADV Inc. dba L&L Contractors
This is to certify that the City of Port Arthur, Texas, accepts the completion
of the tunnel demolition, backfill and sidewalk replacement adjacent to 501
Procter Street on the basis of the Engineer's Certificate of Completion from
Arceneaux Wilson & Cole LLC, the Contractor's Certificate and Release
and Contractor's Certificate of Guarantee from GADV Inc. dba L&L
Contractors.
John A. Comeaux, P.E.
Interim City Manager
ATTEST:
Sherri Bellard, City Secretary