09 - 645 Johnson Woods Drive Channel Bank Stablization Project Closeout - NashItem No. 9
TO: Mayor & City Council
Grayson Path, City Manager
FROM: Michael Smith, Public Works Director
SUBJECT: 645 Johnson Woods Drive Channel Bank Stabilization HEI #180078
Project Closeout
DATE: March 8, 2021
BACKGROUND: Bernal Commercial Construction was awarded the contract for the 645 Johnson
Woods Drive Channel Bank Stabilization Project on November 9, 2020. The 90 -Day
Contract/Notice to Proceed was issued December 22, 2020. Project began January 19, 2021.
STATUS OF ISSUE: Bernal Commercial Construction has completed the project, finishing up on
February 5, 2021. The City's contracted engineer, Hayter Engineering, has reviewed the project
and recommends it for closeout. The project went very well.
BUDGET: Original Contract Amount $56,985.00. Increase of Change Order $3,333.33. Hayter's
Design Fee $11,175.00. Final Contract Proiect $71,493.33. City of Paris portion $34,666.67.
Hayter Engineering portion $1,666.67. Mr. Nash's portion $35,159.99.
RECOMMENDATION: Project closeout and payout to contractor.
March 1, 2021
Mr. Grayson Path, City Manager
City of Paris
135 SE 1St Street
Paris, TX 75460
RE: 645 Johnson woods Drive Charnel Bank Stabilization
HEI 4180078
Dear Mr. Path:
Transmitted herewith please find Payment Request #1 & Final from Bernal Commercial
Construction Co for the above referenced project. This is for your review and approval. Once
approved, please sign the pay request, keep a copy for your files, and PDF a copy back to me.
We believe that the work has progressed to the point represented by the request, and to the best
of our knowledge, information and belief, the quality of the work is in accordance with the
contract documents.
We therefore recommend payment in the amount of $60,318.33, as shown on the attached
request. Including this request, you will have paid the contractor 100% of the contract amount
and will have released all retainage.
This recommendation for payment is subject to the various provisions contained in Section 14.02
of the General Conditions, any corresponding portions of our engineering service agreement.
Sincerely,
HAYTER ENGINEERING, INC.
Christopher M. Donnan, P.E.
Project Manager
Enclosure: Payment Request #1 & Final
moi—
4445 5E Loop 286 1 Paris, TX 75460 1 haytereng.com
PARTIAL PAYMENT REQUEST
Pay Requem No, 1 & Futai Ffaaff: 1120121 _
T0:
MMM
Name of Owner. City of Paris
Owners Address: 135 SE tat Street Paris, TX 75460
Engineer. Hayter Engineering
Engineers Address: 4445 SE Loop 286, Paris, TX 75460
Project Name: 645 Johnson Woods Drive Channel Bank Stabilization
Project f4umber HEMSM
Contract Price (Including Change Orders): $60.318.33 (through CO iri)
...
OFi total Tatai
Original Original Bid oua mtv
lini
Item No. Description of item unit i Completed
Quantity Unit Price
Complet3ed Quwft
Prior t0 Completed
Total Value
Completed
This !doted
this
to Date
$4,000.00
_. 2 BaMcad ,u si s. antl traffic hsndli 1 LS 3 2 SD000
1
2500.00
Remove and di ofexrsab
spore rlg
1
IT IT
.•.•..���,..� �
i
3 canaete lea wall 19 L 1 LS $ 285.00
1
$� 285,00
Provide and insW gabion gaskets, stone,
1. kkbde and associated wok
87
43,333.33
®.. LS
2
?
$W00 .-
a me Wn ofd ?
200.00
Repair. regrading, and sodding of
lamporaryconstruction access easement
7 toy �r(ect CondltionS 1 LS 3 bODO t10 1
1
S 8 000.00
L--
3 -
i"0TALS
$0.318,33 ,
Completed to Date.
$80,398.33
Stored irlaterlat:
$0.00
Completed and Stored to Data.
!60,398.33
Less 10% Retairmge:
Less Previous Payments:
Amount Due This AWcatlon:
$W,31a38
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Engineer Signature arW Date: �� 4 �'��
�.. ` , , `�
•.
Owner Signature and Date:. _„a __ �_ _ .•_ .•_
__......
Gonbaztw Signature and Date: •_--� .�� �_ � �!
On-Slte Observer Signature and Oats
Certificate of Substantial Completion
Project: 645 Johnson Woods Drive Channel Bank Stabilization
Owner: City of Paris
Project No.:
Contract: 645 Johnson Woods Drive Channel Bank Stabilization JEngineer's Project No.: 180078
This definitive Certificate of Substantial Completion applies to:
The Work to which this Certificate applies has been inspected by authorized representatives of Owner,
Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion
of the Project or portion thereof designated above is hereby declared and is also the date of
commencement of applicable warranties required by the Contract Documents, except as stated below.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as
amended as follows:
c Amended Responsibilities 4Not Amended
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
EJCDC C-625 Certificate of substantial Completion
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute
Page 1 of 2
The following documents are attached to and made pant of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the
Contract Documents.
F
Executed by Engineer Date
Accepted by Contractor Date
Accepted by Owner Date
EJC:DC GUS Certificate orSubstantW Completion
Prepared by the EWnem Joint Conbwt Documents Committft and endorsed by the ConstruNion Spedfications Inti tt
Paget oft
SECTION 00 65 19.26
CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE
BEFORE ME the undersigned authority, on this day personally appeared �() I clad %W110 R-041"VQ
(" 4� de) of
affiant) who, after being duty sworn, deposes and sayyss t�,at he is Lf1
(ti
Bernal Commercial Construction Co. (company) of �� 0 l i�� Cout*. State of Texas (the
"Contractor"), which said Contractor was awarded the contract dated November 4, 2020 for 645 Johnson woods
Drive Channel Bank Stabilization (the "Work") for a total consideration of Sixty Thousand Three Hundred
Eighteen Dollars and thirty -Three Cents ($60,318.33). The balance due is Sixty Thousand Three Hundred
Eighteen Dollars and Thirty -Threw Cents ($60,318.33) to be paid to Bernal Commercial Construction Co.
("Contractor") and the affiant has full power and authority to make this affidavit.
That the City of Paris (the "Owner") has approved the final payment and that the said Contractor has fully
satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and
Article 5160 of the Revised Civil Statues of the State of Texas or any other have been paid and discharged by
said Contractor insofar as they pertain to the Work in question.
That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts
the amount of Sixty Thousand Three Hundred Eighteen Dollars and Thirty Three Cents ($60,318.33), as FULL
AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant
and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any
manner connected with the performance of the Work and/or the Contract, including but not limited to claims of
third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as
well as claims for delay, additional compensation or for recovery of liquidated damages which may have been
Withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such
claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising
from any act or neglect of the Owner related to or connected with the Contract This affidavit, is given pursuant
to the final payment provisions of the contract, and shall not be deemed to alter or modify the terms and
provisions of said Contract.
Name of Company
SUBSCRIBED AND SWORN TO BEFORE ME,
MARIBEL
;�`" :: 126178865
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213. 2042
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City of Paris, Texas 00 65 19.26 — Page 1 of 1 Contractors Affidavit of Final Payment
and Release 202021