HomeMy WebLinkAboutPR 19371: RELEASE FOR THE SANITARY SEWER REHAB BY PIPE BURSITN METHODS AT BRINKMAN DRIVE City of 0--,_
4 0
, 1 att
iliort rthur'=
Texas
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: April 20,2016
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Interim Director of Public Works /' o
RE: Proposed Resolution No. 19371
RECOMMENDATION
I recommend that the City Council approve P. R. No. 19371 authorizing the acceptance of the
Contractor's Certificate of Guarantee, Contractor's Certificate and Release, and authorizing the final
payment (5% Retainage Fee) of $4,149.40 to PM Construction & Rehab, LLC for the Sanitary Sewer
Rehab by Pipe Bursting Method Project at Brinkman Drive and authorizing the City Manager to sign the
Certificate of Acceptance on behalf of the City of Port Arthur, Texas.
BACKGROUND
Per Resolution 16-035 a construction contract was awarded to PM Construction & Rehab, LLC for the
Sanitary Sewer Rehab by Pipe Bursting Method Project at Brinkman Drive. PM Construction & Rehab,
LLC has completed the contract satisfactorily, and has submitted request for final payment in the amount
of$4,149.40.
BUDGET/FISCAL EFFECT
Funds are available in account no. 427-1626-532.85-00.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
I recommend that the City Council approve P. R. No. 19371 authorizing the acceptance of the
Contractor's Certificate of Guarantee, Contractor's Certificate and Release, and authorizing the final
payment (5% Retainage Fee) of $4,149.40 to PM Construction & Rehab, LLC for the Sanitary Sewer
Rehab by Pipe Bursting Method Project at Brinkman Drive and authorizing the City Manager to sign the
Certificate of Acceptance on behalf of the City of Port Arthur, Texas.
int
"Remember we are here to serve the Citizens of Port Arthur"
P. R. 19371
04/20/16 nt
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
CONTRACTOR'S CERTIFICATE OF GUARANTEE AND
CONTRACTOR'S CERTIFICATE AND RELEASE FOR THE SANITARY
SEWER REHAB BY PIPE BURSTING METHODS AT BRINKMAN
DRIVE 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 (5%
RETAINAGE FEE) IN THE AMOUNT OF $ 4,149.40; ACCOUNT NO.
427-1626-532.85-00.
WHEREAS, the City of Port Arthur has received for the Sanitary Sewer Rehab by
Piping Bursting Methods at Brinkman Drive the following: Contractor's Certificate of
Guarantee and the Contractor's Certificate and Release, dated April 26, 2016 from PM
Construction & Rehab, LLC (attached as Exhibit "A"), certifying that the project has
been completed in accordance with the directions received; and,
WHEREAS, Exhibit "B" shows a final balance due to PM Construction & Rehab,
LLC in the amount of $4,149.40; and,
WHEREAS, PM Construction & Rehab, LLC has completed the project
satisfactorily and has been accepted by the Utilities 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 PM Construction & Rehab, LLC for the
Sanitary Sewer Rehab by Pipe Bursting Methods at Brinkman Drive, (attached as
Exhibit "C"); and,
P. R. 19371
Page 2
THAT, final payment be made to PM Construction & Rehab, LLC in the amount
of $4,149.40 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:
Council members:
Noes:
Deloris "Bobbie" Prince
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED A . TO FO,;M: APPROVED AS TO AVAILABILITY OF
II JA ' FUN2gS:
Valecia Tizeno Jerry Dale, CPA, GFOA
City Attorney Director of Finance
P. R. 19371
Page 3
APPROVED FOR ADMINISTRATION:
Brian McDougal Ra etts T. Baah-• , Sr.
City Manager Interim Director of Public Works
e -
Clifton
Williams, CPPB
Acting Purchasing Manager
Exhibit "A"
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: PM CONSTRUCTION & REHAB, LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 3rd DAY OF MARCH 20 16 ,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND PM CONSTRUCTION & REHAB, LLC
(Name of Contractor)
OF PASADENA, TEXAS
(City and State)
FOR THE: SANITARY SEWER REHAB BY PIPE BURSTING METHOD AT BRINKMAN DRIVE
LOCATED IN THE CITY 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.
iteA
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this
day of 'AAA , 20 16 .
.�`‘N;af,5 PA E.041
:.- sr.• .- c ' PM CONSTRUCTION & REHAB, LLC
z (Contractor)
`ST• ATE OF� • '9: JLC
• EX9",..19. �•`` BY:
",,�••NOV.•'N3:���`� (Bac Ong)
�rrrnnunt+%'`
1 of 2
jG.L 01 , being first duly sworn on oath, deposes and says, first,
that he is the bf/heyti ►wGn.QX of PM CONSTRUCTION & REHAB, LLC
(Title) JJ (Name of Contractor)
1Mpl�/1�V�r
Second, that he has read the foregoing certificate by him subscribed as ��X�
(Title) J
of PM CONSTRUCTION & REHAB, LLC .
(Name of Contractor)
Affiant further states that the matters and things stated herein are true.
(Bac Ong)
Subscribed and sworn to before me this ���' day of ATV', l , 20 16 .
, rr�iwJon expires Ni�URM ' ',O1� .
•`���P,R� ... !�f�'�, '(Date)
. — 4 t .,
_ : ..,,.
. . . _
. _
. _
:_ . ,
_ • ,c) 0) • —
= 1, ,,,,, ,It. : Z. i i°to fw
•
_'. • •F•kPIRES ' .`�� (Notary Public)
•, �1,�V 13 Z��g �`
SII/iiiluitu0"
2 of 2
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: PM CONSTRUCTION & REHAB, LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
FOR THE CONTRACT ENTERED INTO THE 3rd DAY OF March 20 16 ,
BETWEEN THE CITY OF PORT ARTHUR
(Owner)
AND PM CONSTRUCTION & REHAB, LLC
(Name of Contractor)
OF PORT ARTHUR, TEXAS
(City and State)
FOR THE: SANITARY SEWER REHAB BY PIPE BURSTING METHOD AT BRINKMAN DRIVE
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:
FOUR THOUSAND ONE HUNDRED FOURTY-NINE DOLLARS AND FOURTY CENTS($4,149.40)
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
S:\engineer\Documents\Forms\Cert and Release.docx
4c
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 2w
day of4c)v , 20 16 .
PM CONSTRUCTION & REHAB, LLC
(Contractor)
BY: WAVAAnifYki�
(Bac Ong)
&L Q , being first duly sworn on oath, deposes and says, first,
that he/she is theafkeilAt IVVI,MICV of PM CONSTRUCTION & REHAB, LLC
(Title) (Name of Contractor)
Second, that he/she has read the foregoing certificate by him/her subscribed askAtteA4 Nha W
(Title) J
of PM CONSTRUCTION & REHAB, LLC
(Name of Contractor)
Affiant further states that the matters and things stated herein are true.
1/VIA/MstiA(
(Bac Ong)
Subscribed and sworn to before me this 2"t day ofd , 20 16 .
My commission expires N -04.k)'C ' 13 (2O
(Date)
`t`NtutlUtr►ho►itIVA
, _
1
_��•
2 /\ _ (Notary Public)
% sr
AlTE Of 6e,:'
EXP�a�' \�.��
'11111►n nu
2 of 2
S:\engineer\Documents\Forms\Cert and Release.docx
Exhibit "B"
INVOICE 2
dip
0
RECEIVED
PM (FINAL)
AN IPR COMPANY APR 5 2016
PM Construction & Rehab, LLC'UBLIC WORKS INVOICE#03312016A
Admin.-City Hall DATE: MARCH 31, 2016
131 N. Richey
Pasadena, TX 77506
Phone 832-252-4804 Fax 713-472-3262
TO City of Port Arthur PROJECT Sanitary Sewer Rehab - Brinkman Dr.
444 4th Street Pipe Bursting
Port Arthur, TX 77641
409-983-8160
PROJECT MGR JOB SUPERINTENDENT SITE WORK DATE(S) PAYMENT DUE DATE
CONDITIONS TERMS
RD 1607436 JH Street ROW 3/14 - 3/18 NET 30 4/30/16
ITEM# QTY 1 DESCRIPTION UNIT PRICE UNITMEASURE LINE TOTAL
Project Total Amount 82,988.00
Paid Invoice#1 78,838.60
Remainder (Retainage) 4,149.40
SUBTOTAL $4,149.40
)4A/c, 9—/—
Robert Donath, PM Construction TOTAL DUE $4,149.40
THANK YOU FOR YOUR BUSINESS!
me-n.Wv,,-/ %,--at 0/ Ø/i
Exhibit "C"
City of PortArthur, 'Texas
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
Sanitary Sewer Rehab by Pipe Bursting Method at Brinkman Drive
for the City of Port Arthur, Texas
To: PM Construction & Rehab, LLC
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the sanitary sewer rehabilitation for the above mentioned project on the basis of the
City of Port Arthur, Texas - Public Works Department, the Contractor's Certificate and
Release and the Contractor's Certificate of Guarantee from PM Construction & Rehab,
LLC.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary