HomeMy WebLinkAboutPR 19014: ACCEPTANCE OF CONTRACTOR'S CERTIFICATE AND RELEASE, FLEXIBLE BASE STREETS RECONSTRUCTION PROJECT Egy
City of Cay
ort rthur
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: May 26, 2015
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Asst. City Engineer
RE: Proposed Resolution No. 19014
RECOMMENDATION
I recommend that the City Council approve P.R. No. 19014 authorizing the acceptance of the Contractor's
Certificate and Release and Contractor's Certificate of Guarantee for the Flexible Base Streets
Reconstruction Project and authorizing the City Manager to sign the Certificate of Acceptance on behalf
of the City of Port Arthur, Texas and approval of final payment to the contractor.
BACKGROUND
Per Resolution 13-612, a construction contract was awarded to LD Construction for the Flexible Base
Reconstruction Project. LD Construction completed the contract satisfactorily, and has submitted request
for final payment in the amount of$63,071.25.
BUDGET/FISCAL EFFECT
Funds are available in account CDBG Streets Program 001-1203-531.86-01.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
I recommend that the City Council approve P.R. No. 19014 authorizing the acceptance of the Contractor's
Certificate and Release and Contractor's Certificate of Guarantee for the Flexible Base Streets
Reconstruction Project and authorizing the City Manager to sign the Certificate of Acceptance on behalf
of the City of Port Arthur, Texas and approval of final payment to the contractor.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. No. 19014
5/29/15 rb Page 1
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF CONTRACTOR'S
CERTIFICATE AND RELEASE AND CONTRACTOR'S CERTIFICATE
OF GUARANTEE FOR THE FLEXIBLE BASE STREETS
RECONSTRUCTION PROJECT AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR, TEXAS, AND APPROVAL
OF FINAL PAYMENT IN THE AMOUNT OF $63,071.25 FUNDING
BEING AVAILABLE IN CDBG STREETS PROGRAM ACCOUNT 001-
1203-531.86-01.
WHEREAS, the City of Port Arthur has received for the Flexible Base Streets
Reconstruction Project a Contractor's Certificate and Release and Contractor's
Certificate of Guarantee both dated May 27, 2015 (attached as Exhibit "A") from LD
Construction certifying that the Flexible Base Reconstruction Project is completed; and,
WHEREAS, Exhibit "B" shows a final balance due to LD Construction in the
amount of $63,071.25; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance for LD Construction for the Flexible Base Streets
Reconstruction Project, (attached as Exhibit "C"); and,
THAT, the payment made to LD Construction in the amount of $63,071.25 is
approved; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
P.R. No. 19014
5/29/15 rb Page 2
READ, ADOPTED AND APPROVED this the day of , A.D. 2015 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Council members:
Noes:
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY
OF FUNDS:
Val Tizeno, Ci Atto -lop Deborah Echols, CPA
Director of Finance
APPROVED FOR ADMINISTRATION:
Brian McDougal Rawetts T. Baaheth, Sr.
City Manager Interim Director of Public Works
P.R. No. 19014
5/29/15 rb Page 3
EXHIBIT "A"
r
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: LDCONSIRUCTION
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 10TH DAY OF DECEMBER 20 13 ,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND LD CONSTRUC I ION
(Name of Contractor)
OF BEAUMONT, TEXAS
(City and State)
FOR THE: FLEXIBLE BASE STREETS RECONSTRUCTION
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:
Sixty-three Thousand Seventy-one Dollars&Twenty-five Cents($63,071.25)
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 such
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 /77`,1
day of , , 20 15 .
LD Construction
(Contractor)
BY: 41110er i
(Troy Dodson)
//�� being first duly sworn on oath, deposes and says, first,
that he is the it/o1f)Q FY of LD Construction
(Ti ) (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as IlQ/)a i%
e)
of LD Construction
(Name of Contractor)
Affiant further states that the matters and things stated herein are true.
Subscribed and sworn to before me this 27 day of /Lt £/ , 20 15 .
My commission expires Q 512?/2O/7
(Date)
auunn1;/1"
..,s0W);*41`of 10 Of",
LCt (Notary Pu lic)
F *�
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''��� '• IRES... .
2 of 2
F
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: LD CONSTRUC I ION
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 10TH DAY OF DECEMBER 20 13 ,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND LD CONSTRUC I ION
(Name of Contractor)
OF BEAUMONT, TEXAS
(City and State)
FOR THE: FLEXIBLE BASE STREETS RECONSTRUC110N
LOCATED IN THE CIT(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 LD Construction 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 1 77
day of ill CiLly , 20 15 .
LD Construction
(Contractor)
BY:
(Troy Dodson
1 of 2
�� , being first duly sworn on oath, deposes and says, first,
/.
that he is the R(21)&49 t/ of LD Construction
(Tide) (Name of Contractor)
Second, that he has read the foregoing certificate by him subscribed as Pall gal C7
(Title)
of LD Construction
(Name of Contractor)
Affiant further states that the matters and thins stated herein are true.
�`iw...
Dodson)
Subscribed and sworn to before me this 17H1 day of l , 20 15 .
My commission expires 6',572..q/26/,
(Date)
we.1\cKl LYr�F
��� �:�pt�Y F(�B�/c�•'i% (Notary Public)
. 9�oFT '
'�� .' IRES.•� �
it 1's/9'111:W0"
i \`��� Seal:
2 of 2
P.R. No. 19014
5/29/15 rb Page 4
EXHIBIT "B"
21-May-15
ID Construction Estimate#2 FINAL
Flexible Base Streets-Port Arthur,Texas
Units this Previous Units To Estimate Complete to
item Number Item Description Quantity Unit Unit Price Total Price Period Completed Date Payment Date(Cumm.)
1 Williams Street CORRECTED) 1 LS $ 63,071.25 $ 63,071.25 1.00 0.00 1.00 $ 63,071.25 $ 63,071.25
Alt/BASE BID TOTAL $ 63,071.25 $ 63,071.25 $ 63,071.25
%Complete 100% $ -
Est.#2 Payment $ 63,071.25
Cummulative Contract Estimates To Date
Cumulative 10%Retainage
Keith Gunn 5/21/2015
CONTRACTOR DATE
ENGINEER DATE
P.R. No. 19014
5/29/15 rb Page 5
EXHIBIT "C"
City of Tort Artfiur, Texas
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
Completion of Flexible Base Streets Reconstruction in the City of
Port Arthur, Texas
To: LD Construction
This document is to certify that the City of Port Arthur, Texas accepts the completion of
street improvements of the above mentioned project on the basis of the City of Port
Arthur, Texas Public Works Department, the Contractor's Certificate and Release, and
Contractor's Certificate of Guarantee from LD Construction.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary