HomeMy WebLinkAboutPR 19263: ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION, PROJECT NO. I2110T Ci;�
City of c/n
ort
Texas
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: February 24, 2016
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Interim Director of Public Works
RE: Proposed Resolution No. 19263
RECOMMENDATION
I recommend that the City Council approve P. R. No. 19263 authorizing the acceptance of the Engineer's
Certificate of Completion, Contractor's Certificate and Release, Contractor's Certificate of Guarantee,
and authorizing the final payment of$38,471.52 to BDS Constructors, LLC dba MK Constructors for the
9th Street Paving Improvements Project and authorizing the City Manager to sign the Certificate of
Acceptance on behalf of the City of Port Arthur, Texas.
BACKGROUND
Per Resolution 14-443 a construction contract was awarded to BDS Constructors, LLC., dba MK
Constructors for the 9th Street Paving Improvements Project. BDS Constructors, LLC dba MK
Constructors has completed the contract satisfactorily, and has submitted request for final payment in the
amount of$38,471.52.
BUDGET/FISCAL EFFECT
Funds are available in the GLO Round 2.1 Program, Project No. 12110T, Account No. 144-1201-532.59-
00.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
I recommend that the City Council approve P. R. No. 19263 authorizing the acceptance of the Engineer's
Certificate of Completion, Contractor's Certificate and Release, Contractor's Certificate of Guarantee,
and authorizing the final payment of$38,471.52 to BDS Constructors, LLC dba MK Constructors for the
9th Street Paving Improvements Project and authorizing 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 19263
2/24/16 rtb
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 9TH STREET PAVING IMPROVEMENTS 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
$38,471.52; GLO ROUND 2.1 PROGRAM, PROJECT NO. T2110T,
ACCOUNT NO. 144-1201-532.59-00.
WHEREAS, the City of Port Arthur has received for the 9th Street Paving
Improvements Project an Engineer's Certificate of Completion from Keeston Cole, P.E.
of Arceneaux Wilson and Cole, LLC, dated February 16, 2016, Contractor's Certificate
and Release and Contractor's Certificate of Guarantee from BDS Constructors LLC, dba
MK Constructors, both dated February 18, 2016 (attached as Exhibit "A"); and,
WHEREAS, Exhibit "B" shows final contract payment due to BDS Constructors
LLC, dba MK Constructors in the amount of $38,471.52; and
WHEREAS, BDS Constructors LLC, dba MK Constructors 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 Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance for BDS Constructors LLC, dba MK Constructors
for the 9th Street Paving Improvements Project, (attached as Exhibit "C"); and,
PR 19263
Page 2
THAT, final payment be made to BDS Constructors LLC, dba MK Constructors in
the amount of $38,471.52 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. 2016 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Deloris "Bobbie" Prince
Mayor
Attest:
APPROVED AS TO AVAILABILITY OF
FUNDS:
Sherri Bellard
City Secretary ,e ,{ Co�1�-0°Ite
Jerry Dale, CPA, CGFO b#��1lf1(o
APPROVED AS TO FORM: Interim Director of Finance
f
644, ,
VA/ I -b '
Valecia Tizeno Clifton Williams, CPPB
City Attorney Acting Purchasing Director
APPROVED FOR ADMINISTRATION: A1‘' " . .
R.wetts T. Baahet , Sr.
Interim Director of Public Works
Brian McDougal
City Manager
EXHIBIT A
__
..(4,,,, slug
•.. ARCENEAUX WILSON &COLE
engineering I surveying I planning
February 15, 2016
Mr. Rawetts Baaheth, Sr.
City of Port Arthur
444 4th Street
Port Arthur,Texas 77642
RE: RECOMMENDATION for FINAL PAYMENT and RELEASE of RETAINAGE
Roadway Rehabilitation& Drainage Improvements along 9th Street
AWC NO. CPA-780
Dear Mr. Baaheth:
Attached for your records are the project completion documents for the Roadway
Rehabilitation & Drainage Improvements along 9th Street from Williams Ave. & on Duff Drive
South of 9th Street Project. These documents include the Engineer's Certificate of Completion,
Contractor's Certificate of Guarantee, Contractor's Certificate of Release and the Certificate
of Construction Completion (Form 6-9).
These documents were executed showing a balance due the Contractor from the City. This
balance is the retainage withheld from the monthly estimates as well as any payments due from
completion of work. As stipulated in the contract documents the retainage for this project is five
percent (5%) of the work completed and billed. It is our recommendation that the retainage
held by the City be released to the Contractor and final payment made. This will result in a final
payment to BDS Constructors LLC dba MK Constructors from the City of Port Arthur in the
amount of Thirty Eight Thousand Four Hundred Seventy One Dollars and Fifty Two Cents
($38,471.52). Should you have any questions or require further information please do not
hesitate to contact me at 409-724-7888.
Very truly yours,
ARCENEAUX WILSON & COLE LLC
-/►.tet✓ _ _—i
Keestan Cole, PE
Vice-President
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Final Pay Estimate No.8
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com 10194049 10194049
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Roadway Rehabilitation & Drainage Improvements along 9th Street from
Williams Ave. & on Duff Drive South of 9th Street
Date Of Issuance: February 15, 2016
Owner(s): City of Port Arthur
Owner's Project No.: CPA-780, Contract No. 1
Engineer: Arceneaux Wilson&Cole LLC
Contractor: BDS Constructors LLC dba MK Constructors
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 BDS Constructors LLC dba MK Constructors
[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
December 22,2015
DATE OF COMPLETION
Executed by Engineer on n4r4 ar i , 2016 .a f0•�F� 14
r KEESTAN X. COLE
0•�� 114225....s@
BY: ?ttt�1thi�Ao�'`~ �...
RCENEAUX WILSON & COLE LLC [SEAL]
II
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BDS Constructors LLC dba MK Constructors
TO: City of Port Arthur
FOR: Arceneaux Wilson& Cole LLC
REFERENCE CONTRACT NO. CPA-780 , Contract No. 1 ENTERED INTO THE 6th DAY OF
October,2014 BETWEEN THE City of Port Arthur
AND BDS Constructors LLC dba MK Constructors
OF Vidor, Texas
FOR: Roadway Rehabilitation& Drainage Improvements along 9th Street from Williams Ave. & on
Duff Drive South of 9th Street
KNOW ALL MEN BY THESE PRESENTS:
1. BDS Constructors LLC dba MK Constructors 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 BDS Constructors LLC dba MK Constructors 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.
1/2
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BDS Constructors LLC dba MK Constructors
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO CPA-780 , Contract No. 1 ENTERED INTO 6th DAY OF October,
2014 BETWEEN THE City of Port Arthur
AND BDS Constructors LLC dba MK Constructors
(Name of Contractor)
OF Vidor, Texas
(City) (State)
FOR THE Roadway Rehabilitation& Drainage Improvements along 9th Street from Williams Ave. & on
Duff Drive South of 9th Street
(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
Thirty Eight Thousand Four Hundred Seventy One Dollars and Fifty Two Cents ($38,471.52 )
2. The undersigned further certifies that in addition to the amount set forth in Paragraph 1, there are
outstanding and unsettled the following items which he claims are just and due and owing by the
Owner to the Contractor:
(a)
(b)
(c)
(d)
(Itemize claims and amounts due) (If none, so state)
3. The undersigned further certifies that all work required under this contract, including work required
under Change Order(s)numbered 1 -4 , has been performed in accordance with the terms
thereof, and that there are no unpaid claims for materials, supplies, or equipment and no claims of
laborers or mechanics for unpaid wages arising out of the performance of this contract, and that the
wage rates paid by the Contractor were in conformity with the contract provisions relating to said
wage rates.
1
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this /8 day
of ft'6(44,47 , 20 .
[CORPORATE SEAL] BDS Constructors LLC dba MK Constructors
(Contractor)
BY:
f-/Kt/S4•----
Xlvv-til ,being first duly sworn on oath, deposes and says, first that
he is the Vice President of BDS Constructors LLC dba MK Constructors
second, that he has read the foregoing certificate by him subscribed as Vice President
of BDS Constructors LLC dba MK Constructors
Affiant further states that the matters and things stated herein are true.
Xi-rt4-t,e gtAiad-
(Affiant)
Subscribed and sworn to before me this /2 day of
20� '.
My commission expires //-04"- /�
(Date)
o' ,Pi; MELANIE A.THERIOT /
��.0: NOTARY PUBLIC
:•' ;y:
***1$.i..":•'.
State of Texas
'' i.. Comm.Exp.11-04-2018
(Notary Public)
2/2
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 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 WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ,8 day
of hAr44,7 ,20 40. .
[SEAL] BDS Constructors LLC dba MK Constructors
(Contractor)
B
(Signature and Title of Officer)Vice President
4 § ' l , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the Vice-President of BDS Constructors LLC dba MK Constructors
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as Vice-President
(Title)
of BDS Constructors LLC dba MK Constructors
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this /3 day of
20/(, .
My commission expires //— /g _.
(Date)
PP..Po. MELANIE A.THERIOT (Notary Public)
f'l
i* �� :? NOTARY PUBLIC
•;��.'. State of Texas
''�. .'+• Comm.Exp.11-04-2018
EXHIBIT B
m�„a. o, DAVIS-BACON ACT/LABOR STANDARDS
Ix r
V~ e1
':
Ili
Certificate of Construction Completion (Form 6-9) (Revised: 6/5/12)
(SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT)
Grantee: BDS Constructors LLC dba MK Constructors Land Office-DR Contract No: DRS210147
This is to certify that a final inspection of the project described below was conducted on the 22nd day of_
December 2Q15
Contract was entered into on the 6th day ofogtober 2014 between the city/county of Port Arthur/
Jefferson County and BDS Constructors LLC dba MK I for the construction of Roadway Rehabilitation
Drainage Improvements along 9th Street from Williams Ave.&on Duff Drive South of 9th Street
This is to further certify that:
1. The work has been completed in accordance with the plans and specifications and all addenda, change
orders and supplemental agreements thereto, with the following exceptions:
2. The sum of$ 0.00 , deducted from the final payment to the Contractor is a fair and equitable
settlement for the foregoing excepted work.
3. The Contractor has presented on behalf of itself and its sureties, satisfactory evidence that he or she
will repair, replace and make good any faulty workmanship and/or materials discovered in the work within
a period of 12 months from this date, as provided in the Contract.
4. Amount of Original Contract $ 679,545.00
Cumulative Change Orders $ 89,885.49
Final Amount of Contract $ 769,430.49
Less Previous Payments $__ 730,958.97
Less Deductions (from #2 above) $
FINAL PAYMENT(Balance) $ 38,471.52
5. The Final Payment in the amount above is now due and payable.
Thirty Eight Thousand Four Hundred Seventy One Dollars and Fifty One Cents($38,471.52)
6. Final Quantities:
Activity
Code Category Project Name Description Metric(Qty)
P-21111-5 Drainage 9th Street Improvements Install new storm sewer system 1500 Linear Feet
See Attachment 1 for assistance with completing the above table.
Certified '•. ,e',Oor
Engineer Contractor Chief Executive Officer
Vice-President Vice-President
Title Title Title
Arceneaux Wilson&Cole BDS Constructors LLC dba MK Constructors
Firm Firm City/County of
GLO —Disaster Recovery Program Forms
Page 1 of 1
MONTHLY INVOICE NO. 8
ROADWAY REHABILITATION & DRAINAGE IMPROVEMENTS
ALONG 9TH FROM WILLIAMS AVENUE & ON DUFF DRIVE SOUTH OF 9TH STREET
CITY OF PORT ARTHUR
CPA-780
February 15, 2016
Quantity Total
Approx. Amount This Total Amount To
Item Description of Bid Item QTY Estimate This Quantity To Unit Price Estimate Date
Estimate Date
Base Bid Items
1. Mobilization 1 LS 1 $ 20,790.00 $ - $ 20,790.00
2. Traffic Control 1 LS 1 $ 19,560.00 $ - $ 19,560.00
3. Roadway Excavation(60'ROW) 7.4 STA 7.4 $ 8,650.00 $ - $ 64,010.00
4. Seeding 0.35 AC 0.35 $ 1,500.00 $ - $ 525.00
5. Type"C"Curb Inlet 1 EA 1 $ 5,000.00 $ - $ 5,000.00
6. Type"C"Storm Inlet 4 EA 4 $ 4,300.00 $ - $ 17,200.00
7. Storm Inlet Custom 1 EA 1 $ 7,500.00 $ - $ 7,500.00
8. Junction Box Custom 1 EA 1 $ 8,000.00 $ - $ 8,000.00
9. 18"RCP 38 LF 38 $ 127.00 $ - $ 4,826.00
10. 48"RCP 1104 LF 1104 $ 241.00 $ - $ 266,064.00
11. 6'X 4'Concrete Box Culvert 25 LF 25 $ 809.00 $ - $ 20,225.00
12. 24"Concrete Curb and Gutter 1506 LF 1506 $ 46.00 $ - $ 69,276.00
13. Cut and Restore Pavement 484 SY 484 $ 76.00 $ - $ 36,784.00
14. Handicap Ramps 2 EA 2 $ 2,500.00 $ - $ 5,000.00
15. Concrete Driveways 315 SY 315 $ 85.00 $ - $ 26,775.00
16. 8"Crushed Limestone Subgrade 2 3770 SY 3770 $ 22.00 $ - $ 82,940.00
17. 1.5"HMAC 2 3060 SY 3060 $ 16.00 $ - $ 48,960.00
18. Demolish and Remove Existing Driveways 272 SY 272 $ 28.00 $ - $ 7,616.00
19. Inlet Protection 1 LS 1 $ 500.00 $ - $ 500.00
20. Design of Trench Safety System 1 LS 1 $ 1,500.00 $ - $ 1,500.00
21. Trench Safety System 1135 LF 1135 $ 1.00 $ - $ 1,135.00
22. Remove Inlet Protection 1 LS 1 $ 500.00 $ - $ 500.00
23. Restore All Existing Signage for Pre-Const. 1 LS 1 $ 1,000.00 $ - $ 1,000.00
24. 16"Split Casting 12 LF 12 $ 100.00 $ - $ 1,200.00
25. Remove and Replace Top of Existing Manhole 1 LS 1 $ 600.00 $ - $ 600.00
Supplemental Items
41. Reinforcing Steel° 400 LB 400 $ 0.75 $ - $ 300.00
42. Class"A"Concrete 20 CY 20 $ 150.00 $ - $ 3,000.00
43. Cement Stabilized Sand 20 CY 20 $ 50.00 $ - $ 1,000.00
44. 1 1/2"Type"D"Hot Mix Asphalt 4 SY $ 35.00 $ - $ -
45. 8"Crushed Limestone Subgrade° SY $ 20.00 $ - $ -
46. 24"Concrete Curb and Gutter° L.F. $ 46.00 $ - $ -
Change Orders
Change Order No.2
47. Change in 8"Limestone,HMAC and Mobilization Pricing 1 L.S. 1 $ 43,417.30 $ - $ 43,417.30
Change Order No.4
48. 1 1/2"Type"D"Hot Mix Asphalt 54.97 Ton 1 $ 76.90 $ 4,227.19
TOTAL $ - $ 769,430.49
2 Change Order No.2
4 Change Order No.4
EXHIBIT C
City of(Port Arthur,7eXar
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
9th Street Paving Improvements Project in the City of Port Arthur,
Texas
To: BDS Constructors, LLC aka MK Constructors
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 Engineer's Certificate of Completion, the
Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from BDS
Constructors, LLC aka MK Constructors.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary