HomeMy WebLinkAboutPR 19546: ENGINEER'S, CONRTRACTOR'S CERTIFICATE OF COMPLETION, PLEASURE ISLAND METERING STATION PROJECT city of 4t P.R. No. 19546
10/07/16 ds
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Texas
INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION
Date: October 7, 2016
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
RE: Proposed Resolution No. 19546
Nature of the Request:
The City Council awarded a contract for the construction of the Pleasure Island Metering
Station to BDS Constructors DBA MK Constructors of Vidor, Texas, in the amount of
$626,253.00.
The project engineer, Arceneaux Wilson & Cole LLC, has approved the final pay, Invoice
No. 8, in the amount of$32,322.65.
StaffAnalysis, Considerations:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 19546 authorizing the
City Manager to pay final invoice of $32,322.65 to the contract between the City of Port
Arthur and BDS Constructors DBA MK Constructors of Vidor, Texas, for construction of the
Pleasure Island Metering Station.
Budget Considerations:
This project is funded by Sabine Pass Liquefaction Purchase Order No.16448, and charged
through a City Account No. 429-1258-532.59-00, and Project No. WSI002.
P.R. No. 19546
10/07/16 ds
Page 1 of 3
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
CONSTRUCTION OF THE PLEASURE ISLAND
METERING STATION 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 $32,322.65 FROM
ACCOUNT NO. 429-1258-532.59-00, PROJECT WSI002.
WHEREAS,per Resolution No. 15-264 dated July 21, 2015, the City Council awarded a
contract for the construction of the Pleasure Island Metering Station to BDS Constructors DBA
MK Constructors of Vidor, Texas, in the amount of$626,253.00; and,
WHEREAS, BDS Constructors DBA MK Constructors has completed the contracted
project to the satisfaction of the project engineer and the City staff; and,
WHEREAS, the City has received the Engineer's Certificate of Completion, dated June
28, 2016 from Arceneaux Wilson & Cole of Port Arthur, Texas, stating that to the best of their
knowledge, the Pleasure Island Metering Facility project has been completed in general
accordance with City standards, a copy is attached hereto and made a part hereof as Exhibit "A",
together with a Contractor's Certificate and Release (Exhibit"B") and Contractor's Certificate of
Guarantee(Exhibit"C"), executed by BDS Constructors DBA MK Constructors; and,
WHEREAS, the retainage for this project is five percent (5%) of the work completed
and billed, and the project engineer, Arceneaux Wilson & Cole LLC approves final payment to
BDS Constructors DBA MK Constructors, in the amount of$32,322.65 (see Exhibit"A").
P.R. No. 19546
10/7/16 ds
Page 2 of 3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the City Manager of the City of Port Arthur is hereby authorized to execute on
behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit "D") for the completion of
the Pleasure Island Metering Station.
THAT, final payment be made to BDS Constructors DBA MK Constructors in the
amount of$32,322.65; and,
THAT, a copy of the caption of this Resolution be spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of , 2016 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Derrick Freeman
Mayor
P.R. No. 19546
10/7/16 ds
Page 3 of 3
ATTEST: APPROVE 1 AS TO FORM:
• /. �l-.�
Norr
Sherri Bellard V.lecia zeno ;
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
tit e 440,
Brian McDougal Clifton Williams, CPPB
City • a .ger / Acting Purchasing Manager
Jimmie Johnson, Ph.D.
Assistant City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
Jerry Dale, CPA/CGFO allAAVto
Director of Finance
EXHIBIT A
(AW&C Closeout Documents and
Certificate of Completion)
Alm
•
..ce, own
MAI ARCENEAUX WILSON&COLE
engineering i surveying I planning
June 28, 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
Pleasure Island Metering Facility TO SERVE THE CITY OF PORT ARTHUR
Job No. CPA-667
Dear Dr. Johnson:
Attached for your records are the project completion documents for the Pleasure Island
Metering Facility 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 BDS Constructors dba MK
Constructors from the City of Port Arthur in the amount of Thirty Two Thousand Three
Hundred Twenty Two Dollars and Sixty Five Cents ($32,322.65). Should you have
any questions or require further information please do not hesitate to contact me at 409-
724-7888.
Sincerely,
G:G'�
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 F-16194 10194049
CONTRACT FOR CONSTRUCTION
OF
PLEASURE ISLAND METERING FACILITY
TO SERVE
CPA-665
OWNER: City of Port Arthur CONTRACTOR: BDS Constructors dba
444 4th Street MK Constructors
Port Arthur,TX 77642 2485 N.Street,Vidor,TX 77682
AWC Job No. CPA-665 Date: June 28,2016
AWC Construction Phase No. CPA-667 Invoice Period: 4/15/2016 - 4/15/2016
Monthly Invoice No. 8(FINAL) Contract Date: August 27,2015
Contract Amount $ 626,253.00 Notice to Proceed: September 15,2015
Change Orders: $ 20,200.00 Contract Time: 120 Calendar Days
Change Order No. 1
Change Order No.2 $ 20,200.00
Total Contract Amount Approved Time Extensions: 97 Days
to Date: $ 646,453.00
Amount Placed to Date: $ 646,453.00 Revised Contract Time: 217 Calendar Days
Material on Hand Not
in Place: $ - Days to Date: 217 Days
Subtotal: $ 646,453.00 Original Completion Date: January 12,2016
Less 0%Retainage: $ - Revised Completion Date: April 18,2016
Balance: $ 646,453.00 Percent Time Used: * 100%
Less Amounts on Percent Complete:' 100%
Previous Invoices: $ 614,130.35
TOTAL AMOUNT DUE $ 32,322.65
TEXAS REGISTERED ENGINEERING FIRM 'Percent Time Used based on Substantial Completion Date of
* 16194 * April 15,2016
Recommended for Approval:
Tltll
P.*/ . *
KEESTAN X.COLE,
11$225 t �+
fffp t 4, r
( LI/ 1.
Kees an PE [SEAL]
,#),)
♦� MONTHLY INVOICE NO. 8
ARCENEAUX WILSON&COLE
PLEASURE ISLAND METERING FACILITY
CITY OF PORT ARTHUR
CPA-665
June 28, 2016
Quantity Total Total Amount To
Item Description of Bid Item Approx. Unit This Quantity To Unit Price Amount This Invoice
Qty. Date
Invoice Date
Base Bid Items
Furnish and install all items as shown on the plans
including but not limited to concrete foundation,two
course drive,grading, seeding,steel electrical rack,
metal fencing,electrical enclosures,wiring,switches,
all associated electrical accessories, piping, fittings,
painting,valves,pumps and meters.A detailed list
has been provided in Appendix B indicating all pipe
material,fittings,accessories and meters that will be
1. provided by the owner 1 LS 1 $ 599,253.00 $ - $ 599,253.00
Allowance for RTU and associated services,
contractor shall contact Scallon Controls in Beaumont
2. for materials and services 1 LS 1 $ 27,000.00 $ - $ 27,000.00
Change Orders
Change Order No.2
Replace(8)-8"Concentric reducers w/Eccentric
3. reducers and Additional 24"MJ 45 Degree Bend 1 L.S. 1 $ 20,200.00 $ - $ 20,200.00
TOTAL $ - $ 646,453.00
•
'. ARCENEAUX WILSON&COLE
m yineeifny I ouiveyiny 1 NWiiiuy
SUBSTANTIAL COMPLETION INSPECTION
PUNCH LIST
DATE: May 31, 2016
PROJECT: Pleasure Island Metering Facility
AW&C Job No. CPA-665
ATTENDEES: Keestan Cole, PE - Arceneaux Wilson & Cole LLC (AWC)
Simon Carron - AWC
Jason Stevenson - MK Constructors
Donnie Stanton - City of Port Arthur(CPA)
The following items are to be corrected or completed to comply with the Contract Documents:
GENERAL ITEMS
- Call Entergy about bracing the new power pole installed by them
- Cleanup and remove unused materials from the site
END OF PUNCH LIST
409.724.7888
2901 Turtle Creek Or,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
per�`���� ,� J it �
.T y eu^
N .,_JT�IVIS it
c CONSTRUCTORS
16736 II-I 10-Vidor,Tx. 77662
(409)769-0089
(409)769-1288
•
July 26, 2016
Mr. Keestan Cole, PE
Vice-President
Arceneaux Wilson& Cole LLC
2901 Turtle Creek Drive
Ste.320
Port Arthur,TX 77642
RE: Pleasure Island Metering Station
Pump Testing
Dear Mr. Cole:
Upon completion of the Pleasure Island Metering station project the customer
receiving the water from the metering station had not tied into the existing system. Due to
the Cheniere system not being completed and tied in the pump at the Pleasure Island
station could not be correctly tested for proper functionality.We have completed the
installation of all items in the contract and the project has been inspected and approved by
the City of Port Arthur and your firm.Therefore,we are requesting that the project be
considered complete and finalize all payments and documentation.With the closeout of
this project we guarantee that our company will return for proper testing of the pumps
upon notification that the receiving customer has completed their system and tie-in.
Mike Brown
11(1
Vice President
16736 LH 10-Vidor,TX 77662 0 409.769.0089 409.769.1288 Fax www.mkconstructors.com
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Pleasure Island Metering Faculty
Date Of Issuance: June 28,2016
Owner(s): City of Port Arthur
Owner's Project No.: CPA-667,Contract No. 1
Engineer: Arceneaux Wilson&Cole LLC
Contractor: BDS Constructors 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 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
L74,7e /O, aa'd
DATE OF COMPLETION : '
ti~�F Or T,c.i2.
Executed by Engineer on ./4 . .i j � 1L a , 2016 �;p> ''•'�stdt
KEESTAN X. COLE
114225 :'
BY:
RCENEAUX Wilson 8 Cole LLC [SEAL]
I
ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: Pleasure Island Metering Faculty
Date of Issuance: April 25,2016
Owner: City of Port Arthur
Owner's Project No. CPA-665,Contract No. 1
Engineer: Arceneaux Wilson&Cole
Contractor: BDS Constructors dba MK Constructors
This Engineer's Certificate of Substantial 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 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 substantially complete in
accordance with the Contract Documents on
April 15, 2016
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by Contractor within 30 days of the above Date of Issuance. From
the date of Substantial Completion the responsibilities between Owner and Contractor for security,
operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as
follows:
/2Z:\A&G ENGINEERING\A&G PROJECTS\CPA-665\2-ADMINISTRATION\CONTRACf DOCUM.
RESPONSIBILITIES
OWNER: Operation of the constructed facilities.
CONTRACTOR: Security, Safety, Maintenance, Insurance, Warranties and Guarantees of the
constructed facilities.
The following documents are attached to and made a part of this Certificate:
Substantial Completion Inspection Punch List
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.
Executed by ENGINEER on April 25,2016
ARCENEAUX WILSON & COLE LLC
[ENGINEER]
By: _ s
CONTRACTOR accepts this Certificate of Substantial Completion on Ma 3j' . 2016
BDS CONSTRUCTORS dba MK CONSTRUCTORS
[CONTRACTOR]
By'I'Yl,�z '.
OWNER accepts this Certificate of Substantial Completion on . 2016
CITY OF PORT ARTHUR
[OWNER]
By: -
2/2c ASG FNGINPFRING A&G PROJECTS CPA-665 2-ADMINISIRATION`CONTRACT DOCUM
EXHIBIT B
(AW&C Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BDS Constructors dba MK Constructors
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO. CPA-667,Contract No. 1 ENTERED INTO THE 27th
DAY OF August,2015 ,BETWEEN THE City of Port Arthur
AND BDS Constructors dba MK Constructors
(Name of Contractor)
OF Vidor Texas
(City) (State)
FOR THE Pleasure Island Metering Faculty
(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 Two Thousand Three Hundred Twenty Two Dollars and Sixty Five Cents ($ 32,322.65 )
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&2 , 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 modifications or change thereof.
1
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 WI ESS WHEREOF,the undersigned has signed and sealed this instrument this 7 day
of ,20A.'
[SEAL] BDS Constructors ciba MK Constructors
(Contractor)
BY: 14
(Signature and Title of Officer)
i , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the Owner of BDS Constructors dba MK Constructors
(Title) (Name of Company)
second. that he has read the foregoing certificate by him subscribed as Owner
(Title)
of_ BDS Constructors dba MK Constructors
(Name of Cornpa ny)
Affiant further states that the matters and things stated herein are true.
61)--1114
(Affiant)
Subscribed and sworn to before me this /7 day of _
20 /( .
My commission expires /1‘::;", 4 2/(
(Date)
MELANIE A.THERiOT
Ors,— NOTARY PUBLIC
`:�'•.. . State of Texas (Notary Public)
Z..a ;t.``. Comm.Exp.11.042018
EXHIBIT C
(AW&C Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BDS Constructors dba MK Constructors
TO: City of Port Arthur
FOR: Pleasure Island Metering Faculty
REFERENCE CONTRACT NO. CPA-667, Contract No. 1 ENTERED INTO THE 27th
DAY OF August, 2015 ,BETWEEN THE City of Port Arthur
AND BDS Constructors dba MK Constructors
OF Vidor Texas
FOR: Pleasure Island Metering Faculty
KNOW ALL MEN BY THESE PRESENTS:
1. BDS Constructors 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 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
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 16th day of
August,2016.
[CORPORATE SEAL] BDS Constructors dba MK Constructors
(Contractor)
BY:
Mike Brown , being first duly sworn on oath, deposes and says, first that
he is the Owner second,that he has read the foregoing certificate by him subscribed as Owner
of BDS Constructors dba MK Constructors
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this /7� day of d (
r
20 t .
My commission expires ,4i '. 41/ 29/E?
(Date)
• MELANIE A.THERIOT
iv
:i' !)_sfA NOTARY PUBLIC (
y`•.,�'O f.".: State of Texas —_�
''•'� .... Comm.Exp.11-04-2018
4.4
(Notary Public)
EXHIBIT D
(AW&C Contractor's Certificate of Acceptance)
City of Port Arthur, Texas
Department of Utility Operations
CERTIFICATE OF ACCEPTANCE FOR
THE PLEASURE ISLAND METERING STATION
PROJECT FOR THE CITY OF PORT ARTHUR
To: BDS Constructors DBA MK Constructors of Vidor, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the Pleasure Island Metering Station Project on the basis of the City of Port Arthur,
Texas Utility Operations Department, the Engineer's Certificate of Completion, the
Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from
BDS Constructors DBA MK Constructors of Vidor, Texas.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary