HomeMy WebLinkAboutPR 19049: FOR THE PLEASURE ISLAND MARINA PAVING PROJECT City of V.
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: July 30, 2015
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Acting Director of Public Works
RE: Proposed Resolution No. 19049
RECOMMENDATION
I recommend that the City Council approve P. R. No. 19049 authorizing Change Order No.3 for the
amount of $17,125.66, final payment of the original contract amount of $4,243.42 bringing the closing
contract total to $427,381.54, acceptance of the Engineer's Certificate of Completion, Contractor's
Certificate and Release, and Contractor's Certificate of Guarantee for the Pleasure Island Marina paving
Project and authorizing the City Manager to sign the Certificate of Acceptance on behalf of the City of
Port Arthur, Texas.
BACKGROUND
Per Resolution 14-405 a construction contract was awarded to APAC-Texas for the Pleasure Island
Marina Paving project for $405,289.00. Per Resolution 15-046, the City accepted Change Order Nos. 1 &
2 including an increase of contract by $4,966.88 to a revised total of$410,255.88 and an additional of 18
days increasing the term to 138 days, respectively. APAC-Texas has completed the contract satisfactorily,
and has submitted request for final payment in the amount of$21,369.08.
BUDGET/FISCAL EFFECT
Funds are available in Pleasure Island account 450-1293-549.89-00.
SUMMARY
I recommend that the City Council approve P. R. No. 19049 authorizing Change Order No. 3 for the
amount of $17,125.66, final payment of the original contract amount of $4,243.42 bringing the closing
contract total to $427,381.54, acceptance of the Engineer's Certificate of Completion, Contractor's
Certificate and Release, and Contractor's Certificate of Guarantee for the Pleasure Island Marina Paving
Project and authoring the City Manager to sign the Certificate of Acceptance on behalf of the City of Port
Arthur, Texas.
"Remember we are here to serve the Citizens of Port Arthur"
PR 19049
07/10/15 rtb
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE AND CONTRACTOR'S CERTIFICATE OF GUARANTEE
FOR THE PLEASURE ISLAND MARINA PAVING PROJECT AND
AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE
OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR,
TEXAS AND APPROVAL OF CHANGE ORDER NO. 3 INCREASING
THE CONTRACT TOTAL BY $17,125.66 AND FINAL PAYMENT IN
THE AMOUNT OF $21,369.08. FUNDING BEING AVAILABLE IN
ACCOUNT 450-1293-549.89-00.
WHEREAS, the City of Port Arthur has received for the Pleasure Island Marina
Paving Project an Engineer's Certificate of Completion from George Newsome, P.E. of
Soutex Surveyors and Engineers, Contractor's Certificate and Release and Contractor's
Certificate of Guarantee from APAC-Texas, all dated June 26, 2015 (attached as Exhibit
"A"); and,
WHEREAS, Exhibit "B" shows a final balance due to APAC-Texas in the amount
of $21,369.08, which includes Change Order No. 3 for $17,125.66 for needed additional
base material to complete the project and final contract payment of $4,243.42; and
WHEREAS, APAC-Texas has completed the project satisfactorily and has been
accepted by the Public Works Department; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Council hereby authorizes the City Manager to execute Change
order No. 5 (attached as Exhibit "B") to the contract between the City of Port Arthur
and APAC-Texas for the Pleasure Island Marina Paving, which increased the contract
Page 2
amount by $17,125.66 for additional base material needed to complete the project,
making the new contract total $427,381.54; and
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance for APAC-Texas for the Pleasure Island Marina
Paving Project, (attached as Exhibit "C"); and,
THAT, final payment be made to APAC-Texas in the amount of $21,369.08 is
approved; 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. 2015 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Council members:
Noes:
Mayor
Attest: Deloris Prince
City Secretary
Sherri Bellard
APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF
FUNDS:
City Attorney 0 Jerry Dale, CPA
Valecia Tizeno Interim Director of Finance
APPROVED FOR ADMINISTRATION: tUefejtJ
Brian McDougal Ra etts T. Baahethy Sr.
City Manager Acting Director of Public Works
Clifton Williams, CPPB
Acting Purchasing Manager
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
Project: PLEASURE ISLAND MARINA PAVING REHABILITATION
Date of Issuance: JUNE 12, 2015
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.:
Engineer: SOUTEX SURVEYORS&ENGINEERS
Contractor: APAC-TEXAS, INC.
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 APAC-TEXAS, INC.
(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 6,2015
DATE OF SUBSTANTIAL COMPLETION /
Executed by Engineer on / Z (/ ,2015
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...............�.
_TANLEY GNEWSOE\,
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„Eli��% 31026 i
STAN . NEWSOME,JR., P.E., RPLS O'•• C
SOUT SURVEYORS&ENGINEERS ‘ F .....� ry
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CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: APAC-TEXAS, INC.
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 13-0209 ENTERED INTO THE 27 th
DAY OF OCTOBER, 2014 BETWEEN THE CITY OF PORT ARTHUR
AND APAC-TEXAS, INC.
(NAME OF CONTRACTOR)
OF BEAUMONT, TEXAS
(CITY) (STATE)
FOR THE PLEASURE ISLAND MARINA PAVING REHABILITATION
(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
$0.00
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) $21,369.08
(b) None
(c) None
(d) None
(ITEMIZE CLAIMS AND AMONTS 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, TWO, & THREE. 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.
TMIN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this Zb day
of Ji ,20/S
(SEAL)
APAC-TEXAS, INC.
(CONTRACTOR)
BY: I V
(ASSISTANT SE RETARY)
SCOTT BLANCHARD ,being first duly sworn on oath,deposes and says,first,that he is the
(SCOTT BLANCHARD)
ASSISTANT SECRETARY of APAC-TEXAS,INC
(ASSISTANT SECRETARY) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as ASSISTANT SECRETARY
(ASSISTANT SECRETARY)
of APAC-TEXAS, INC.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein true.
1 (7/e
(SCOTT BLANCHARD)
77l
Subscribed and sworn to before me this day of UN6 ,20 s .
My commission expires x.42 E.c c o2 9/7
(DATE)
t' Y"" '• CONN(E SEAL
JL ;'; NotaryPublic /� �
7�� . STATE OF TEXASZYZ 64_19
+! My Comm.Exp.June 22,2017 —
(NOTARY PUBLIC)
2
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: APAC-TEXAS, INC.
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 13-0209 ENTERED INTO THE 27th
DAY OF OCTOBER 2014,_ BETWEEN THE CITY OF PORT ARTHUR
AND APAC-TEXAS, INC.
(NAME OF CONTRACTOR)
OF BEAUMONT,TEXAS
(CITY) (STATE)
FOR: PLEASURE ISLAND MARINA PAVING REHABILITATION
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. APAC-TEXAS,INC. 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 with the final payment under the contract
between the Owner and APAC-TEXAS,INC. 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.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
Z& day of 7/4/1/4/6 , 20 /5 .
(CORPORATE SEAL)
APAC-TEXAS, INC.
(CONTRACTOR)
BY: fit 9-
(SCOTT BLANCHARD,ASSISTANT SECRETARY)
SCOTT BLANCHARD ,being first duly sworn on oath,deposes and says,first,that he is the
(SCOTT BLANCHARD)
ASSISTANT SECRETARY of APAC-TEXAS, INC.
(ASSISTANT SECRETARY) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as ASSISTANT SECRETARY
(ASSISTANT SECRETARY)
of APAC-TEXAS, INC.
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein a true.
(SCOTT BLANCHARD)
Subscribed and sworn to before me this 747/1day of V ulq , 20 IC .
My commission expires 0�`" --&-- ` S - v kU
(DATE)
"O KIMBERLY KAY WORK
:_: `or Notary Public.State of Texasc---3-1---SCI----_
ir-e'•:mac My Commission Expires (NOT LIC)
r4,.,°,`, October 31, 2016
2
EXHIBIT B
. ' TBPE Firm No.F-5755
,r ..,,
iq TBPLS Firm No.10123800
LA EF.0005711
° 3737 Doctors Drive
r Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
CHANGE ORDER NO.3
DATE: June 26, 2015 Soutex Job No. 13-209
AGREEMENT DATE: June 26, 2015
NAME OF PROJECT: Pleasure Island Marina Paving Rehabilitation
OWNER: City of Port Arthur
CONTRACTOR: APAC-Texas, Inc.
Summary:
Item#Description Unit Bid Qty Qty Used Unit Price Bid Cost Final Cost Change
1 Mobilization,Bonds,Insurance L.S. 1 1 $11,000.00 $ 11,000.00 $ 11,000.00 $ -
2 Barricades and Traffic Control Plan L.5. 1 1 $ 1,900.00 $ 1,900.00 $ 1,900.00 $ -
3 Rework Existing Base 6"&Stabilize w/6% SY 11,000 9,364.22 $ 7.80 $ 85,800.00 $ 73,040.92 $ (12,759.08)
4 Flexible Base Material Tons 1,220 2,286 $ 38.00 $ 46,360.00 $ 86,868.00 $ 40,508.00
5 Remove/Reclaim Base&Asphalt SY 3,000 3,000 $ 6.50 $ 19,500.00 $ 19,500.00 $ -
6 Proof Rolling Hours 20 20 $ 80.00 $ 1,600.00 $ 1,600.00 $ -
7 Lime Treatment SY 5,942 5,942 $ 5.75 $ 34,166.50 $ 34,166.50 $ -
8 Stockpile Flexible Base on Treated Subgd SY 3,000 3,000 $ 4.00 $ 12,000.00 $ 12,000.00 $ -
9 Hot Mix Asphalt Tons 1,375 1,341.35 $ 117.50 $161,562.50 $ 157,608.63 $ (3,953.88)
10 Construct ADA Sidewalk to Existing Ramp Each 8 8 $ 3,000.00 $ 24,000.00 $ 24,000.00 $ -
11 5'Wide ADA Sidewalk 78'Long 12x10 Ldg L.S. 1 1 $ 5,300.00 $ 5,300.00 $ 5,300.00 $ -
12 Paint Parking Stripes As Shown on Plans L.S. 1 0 $ 2,100.00 $ 2,100.00 $ - $ (2,100.00)
13 Install Gate Loop(Change Order No.1) L.5. 1 1 $ 397.50 $ 397.50
TOTALS $405,289.00 $ 427,381.54 $ 21,695.04
CHANGE TO CONTRACT PRICE:
ORGINAL CONTRACT PRICE: $405,289.00
CURRENT CONTRACT PRICE(Change Order No. 1$4,966.88) $410,255.88
The CONTRACT PRICE due to this CHANGE ORDER($17,125.66)will be: $427,381.54
No other Terms and Conditions of the Contract are changed as a result of this Change Order. Contractor's
acceptance of Change Order relieves OWNER of any liability for additional costs incurred by Contractor in his
performance of the work covered by the Change Order.
RECOMMENDED BY ENGINEER: ACCEPTED BY:
STANLEY G. NEWSOME,JR., P.E., RPLS (CONTRACTOR, OFFICER OR OWNER)
SOUTEX SURVEYORS& ENGINEERS APAC-TEXAS, INC.
ACCEPTED BY:
CITY OF PORT ARTHUR
EXHIBIT C
•
City of Port Arthur,Texas
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
Completion of Pleasure Island Marina Paving Project in the City of
Port Arthur, Texas
To: APAC-Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
paving 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 APAC-Texas.
Brian McDougal
City Manager
ATTEST:
Sherri Beliard
City Secretary