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 d— 1.e • dp 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 • City of D� l Iti ort rthu� 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 I ;l 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, �PtE. T�+911 g• JOE M.WILSON,JR. BY: ARCENEA ILSON & COLE, LLC [SEAL] 1/I 6 t 1 0 \ON1,'RACTOR'S CERTIFICATE AND RELEASE 1 Id j 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. 1 it tl I. i l i I 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 4. f. r f +4 r`Z * ' , .,,,'- ',,t1.3 il'll'i ,,,,..,.,.,,,,..„.., , .A �.. .r i ti r L . fin. ., ..,,,. � ` 'AA Y ee,g,sf s.'.a,,. NM ARCENEAUX WILSON&COLE erigineering I surveying I plunrung 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 I • * * •: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