HomeMy WebLinkAboutPR 19433: SABINE NECHES WATERWAY DIRECT PIPE CERTIFICATE OF COMPLETION P. R. NO. 19433
06/23/16 gt
RESOLUTION NO.
A RESOLUTION RECONSIDERING PROPOSED RESOLUTION NO.
19399, AS IT PERTAINS TO AUTHORIZING ACCEPTANCE OF THE
ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S
CERTIFICATE AND RELEASE AND CONTRACTOR'S CERTIFICATE
OF GUARANTEE FOR THE SABINE NECHES WATERWAY DIRECT
PIPE TO SERVE THE CITY OF PORT ARTHUR 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 $820,741.40;
PROJECT NO. WSI004, ACCOUNT NO. 429-1258-532.59-00
(REQUESTED BY COUNCILMEMBER RICHARD).
WHEREAS, on June 14, 2016, the City Council considered Proposed Resolution
No. 19399, for the acceptance of the Engineer's Certificate of Completion from Joe
Wilson, P.E. of Arceneaux, Wilson and Cole, dated May 17, 2016, Contractor's
Certificate and Release and Contractor's Certificate of Guarantee from STRIKE, LLC for
the SABINE NECHES WATERWAY DIRECT PIPE TO SERVE THE CITY OF PORT ARTHUR
Project, and authorizing the City Manager to sign the Certificate of Acceptance on
behalf of the City of Port Arthur; and,
WHEREAS, Councilmember Richard has requested that the City Council
reconsider Proposed Resolution No. 19399;
WHEREAS, the City Council deems it in the public interest to accept, an
Engineer's Certificate of Completion from Joe Wilson, P.E. of Arceneaux, Wilson and
Cole, dated May 17, 2016, Contractor's Certificate and Release and Contractor's
Page I of 4
WHEREAS, Exhibit "B" of Proposed Resolution No. 19399 shows final contract
payment due to STRIKE, LLC in the amount of $ 820,741.40; and,
WHEREAS, STRIKE, LLC has completed the project satisfactorily and has been
accepted by the Utility Department; and,
WHEREAS, Proposed Resolution No. 19399 is attached hereto as Exhibit "A";
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, Proposed Resolution No. 19399 is hereby approved; and,
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance for STRIKE, LLC for the SABINE NECHES
WATERWAY DIRECT PIPE TO SERVE THE CITY OF PORT ARTHUR, (attached as Exhibit
"C"); and,
THAT, final payment be made to STRIKE, LLC in the amount of $820,741.40 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:
Councilmembers:
Page 2 of 4
NOES:
Deloris "Bobbie" Prince
Mayor
ATTEST:
Sherri Bellard
City Secretary
AIPPROVD AS TO FORM:
/.leAN
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City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
Dr. Jimmie Johnson
Assistant City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
/y‘[9, [titd'pt,
` Jerry Dale, CPA, GFOA Clifton Williams, CPPB
Director of Finance Acting Purchasing Manager
Page 3 of 4
EXH I BIT "A"
Page 4 of 4
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City of
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Texas
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: February 24, 2016
To: Brian McDougal, City Manager
From: Jimmie Johnson, Assistant City Manage '0'
RE: Proposed Resolution No. 19399 71-1 //
RECOMMENDATION
I recommend that the City Council approve P.R. No. 19399 authorizing the acceptance of the Engineer's
Certificate of Completion, Contractor's Certificate of Release, Contractor's Certificate of Guarantee, and
authorization of the final payment of $820,741.40 to STRIKE, LLC, for the SABINE NECHES
WATERWAY DIRECT PIPE PROJECT TO SERVE THE CITY OF PORT ARTHUR and authorizing
the City Manager to sign the Certificate of Acceptance on behalf of the City of Port Arthur, Texas.
BACKGROUND
Per Resolution 14-650, a construction contract was awarded to STRIKE, LLC for the SABINE NECHES
WATERWAY DIRECT PIPE PROJECT TO SERVE THE CITY OF PORT ARTHUR. STRIKE, LLC
has completed the contract satisfactorily, and has submitted request for final payment in the amount of
$820,741.40.
BUDGET/FISCAL EFFECT
Funds are available for Project No. WSI004, from Account No. 429-1258-532.59-00.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
I recommend that the City Council approve P. R. No. 19399 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 $820,741.40 to STRIKE, LLC for the SABINE NECHES
WATERWAY DIRECT PIPE PROJECT TO SERVE THE CITY OF PORT ARTHUR 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 19399
05/20/16 ds
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 SABINE NECHES WATERWAY DIRECT PIPE
PROJECT TO SERVE THE CITY OF PORT ARTHUR 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
$820,741.40 TO STRIKE, LLC; PROJECT NO. WSI004, ACCOUNT NO.
429-1258-532.59-00.
WHEREAS, the City of Port Arthur has received for the Sabine Neches Waterway
Direct Pipe Project to serve the City of Port Arthur Project, an Engineer's Certificate of
Completion from Joe Wilson, P.E. of Arceneaux, Wilson and Cole LLC dated May 17, 2016,
Contractor's Certificate and Release and Contractor's Certificate of Guarantee from STRIKE,
LLC, both dated May 17, 2016 (attached as Exhibit"A"); and
WHEREAS, Exhibit "B" shows final contract payment due to STRIKE, LLC in the
amount of$820,741.40; and
WHEREAS, STRIKE, LLC has completed the project satisfactorily and has been
accepted by the Utility 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 STRIKE, LLC for the Sabine Neches Waterway Direct
Pipe Project to serve the City of Port Arthur, (attached as Exhibit"C"); and,
THAT, final payment be made to STRIKE, LLC in the amount of $820,741.40 is
approved; and,
Page 1 of 5
PR 19399
05/20/16 ds
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
Jerry Dale, CPA, GFOA
APPROVE AS TO FORM: Director of Finance
1&
Valecia Ti no Cli. on # illiams P'B
City Attorney cting urch.: ng I'rector
APPROVED FOR ADMINISTRATION: L_.iiiiiiir
Dr.
Jimmie Johnson
Assistant City Manager
Brian McDougal
City Manager
Page 2 of 5
PR 19399
05/20/16 ds
EXHIBIT A
Page 3 of 5
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ENGINEER'S CERTIFICATE OF COMPLETION
Project: Sabine Neches Waterway Direct Pipe
Date Of Issuance: May 10,2016
Owner(s): City of Port Arthur
Owner's Project No.: CPA-655,Contract No. 1
Engineer: Arceneaux Wilson and Cole,LLC
Contractor: Strike,LLC
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 STRIKE,LLC
[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
JUNE 30,2015
DATE OF COMPLETION
Executed by Engineer on May 10 ,2016 NNNV,
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JOE M.WILSON,JR.
BY:
ARCENEA ILSON & COLE, LLC [SEAL]
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\ON1,'RACTOR'S CERTIFICATE AND RELEASE
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FROM: STRIKE,LLC
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-655,Contract No. 1 ENTERED INTO THE 30TH
DAY OF DECEMBER,2014 ,BETWEEN THE CITY OF PORT ARTHUR
AND STRIKE,LLC
(Name of Contractor)
OF HOUSTON,TEXAS
(City) (State)
FOR THE SABINE NECHES WATERWAY DIRECT PIPE
(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
Eight Hundred Twenty Thousand Seven Hundred Forty-One Dollars and Forty Cents
($ 820,741.40)
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:
(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 ZERO , 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
1 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.
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CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: STRIKE,LLC
TO: CITY OF PORT ARTHUR
FOR: SABINE NECHES WATERWAY DIRECT PIPE
REFERENCE CONTRACT NO. CPA-655, Contract No. 1 ENTERED INTO THE 30TH DAY OF
DECEMBER,2014 BETWEEN THE CITY OF PORT ARTHUR AND STRIKE,LLC
OF HOUSTON,TEXAS
FOR: SABINE NECHES WATERWAY DIRECT PIPE
KNOW ALL MEN BY THESE PRESENTS:
1. STRIKE,LLC 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 STRIKE,LLC 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
PR 19399
05/20/16 ds
EXHIBIT B
Page 4 of 5
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May 10,2016
Dr. Jimmie Johnson
Director of Water Utilities
CITY OF PORT ARTHUR
444 Fourth Street
Port Arthur, Texas 77641
RE: RECOMMENDATION for FINAL PAYMENT and RELEASE of RETAINAGE
SABINE NECHES WATERWAY DIRECT PIPE TO SERVE THE CITY OF PORT ARTHUR
Job No. CPA-655
Dear Dr. Jimmie Johnson:
Attached for your records are the project completion documents for the Sabine Neches
Waterway Direct Pipe Project. These documents include the Engineer's Certificate of
Completion, Contractor's Certificate of Guarantee and the Contractor's Certificate
of Release.
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 STRIKE, LLC. from the City of
Port Arthur in the amount of Eight Hundred Twenty Thousand Seven Hundred Forty
One Dollars and Forty Cents ($820,741.40). Should you have any questions or
require further information please do not hesitate to contact me at 409-724-7888.
Sincerely,
•
Jile
Joe M. Wilson, Jr., P.E.
President
Attachments: Engineers Certificate of Completion
Contractors Certificate of Guarantee
Contractors Certificate and Release
Monthly Invoice No.6 and Final
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
aerrEnux.vascNato c CONTRACT FOR CONSTRUCTION
OF
SABINE-NECHES WATERWAY DIRECT PIPE
TO SERVE
CITY OF PORT ARTHUR
CPA-655
OWNER: City of Port Arthur CONTRACTOR: Strike, LLC
• 444 4th Street 1800 Hughes Landing Blvd.
Port Arthur,TX 77642 The Woodlands,TX 77380
AW&C Job No. CPA-655 Date: May 10,2016
AW&C Construction Phase No. CPA-656 Invoice Period: 7/1/2015 - 7/28/2015
Monthly Invoice No. 6(FINAL) Contract Date: January 30,2015
Contract Amount $ 16,414,828.00 Notice to Proceed: February 2,2015
Change Orders: $ - Contract Time: 180 Calendar Days
Total Contract Amount
to Date: $ 16,414,828.00 Approved Time Extensions: Days
Amount Placed to Date: $ 16,414,828.00 Revised Contract Time: 180 Calendar Days
Material on Hand Not Days to Date: 177 Days
in Place: $
Subtotal: $ 16,414,828.00 Original Completion Date: July 31,2015
Less 0%Retainage: $ - Revised Completion Date: July 31,2015
Balance: $ 16,414,828.00 Percent Time Used,* 98%
Less Amounts on Percent Complete:* 100%
Previous Invoices: $ 15,594,086.60
TOTAL AMOUNT DUE $ 820,741.40
TEXAS REGISTERED ENGINEERING FIRM *Percent Time Used and Percent Complete based on Final
* 16194 * Completion Date of June 30,2015
Recommended for Approval: y?• • •str
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* * •:Ai • * ►
IJOE M.WILSON,JR.
rlr o,• 92067 •40,044•:./cEN5E�•
05/10/2016
oe M.Wilson,Jr. PE [SEAL1
PR 19399
05/20/16 ds
EXHIBIT C
Page 5 of 5
City of Tort Arthur,'Fe as
Department of Utilities
CERTIFICATE OF ACCEPTANCE FOR
SABINE NECHES WATERWAY DIRECT PIPE PROJECT TO SERVE
THE CITY OF PORT ARTHUR in the City of Port Arthur, Texas
To: STRIKE, LLC
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the above mentioned project on the basis of the City of Port Arthur, Texas Utility
Department, the Engineer's Certificate of Completion, the Contractor's Certificate and
Release, and Contractor's Certificate of Guarantee from STRIKE, LLC.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary