HomeMy WebLinkAboutPR 19616: CERTIFICATE OF GUARANTEE FOR CONSTRUCTION OF THE WATER STORAGE STANDPIPE ON 61ST STREET DERRICK FREEMAN,MAYOR
RAYMOND SCOTT,JR.,MAYOR PRO TEM BRIAN MCDOUGAL
CITY MANAGER
•
COUNCIL MEMBERS: City of f / SHERRI BELLARD,TMRC
TIFFANY HAMILTON ` CITY SECRETARY
MORRIS ALBRIGHT x
KIETH RICHARD - VALECIA TIZENO
WILLIE`BAE"LEWIS JR. n r t r t h tr r CITY ATTORNEY
OSMAN SWATI
CHARLOTTE MOSES Texas
KAPRINA RICHARDSON FRANK
Date: December 28, 2016
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
RE: Proposed Resolution No. 19616
•
Nature of the Request:
City Council awarded a contract, per Resolution #14-390, for the construction of a Water
Storage Standpipe on 61St Street to BDS Constructors LLC dba MK Constructors of Vidor, TX,
in the amount of$2,825,250.00. The project is complete.
The project engineer, Arceneaux Wilson & Cole LLC, has approved the final pay, Invoice in
the amount of $141,262.50. Arceneaux Wilson & Cole LLC, has also submitted 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) for the
project.
Staff Analysis, Considerations:
None.
Recommendation:
We recommend that the City Council approve Proposed Resolution No. 19616 authorizing the
City Manager to pay final invoice of$141,262.50, which is the retainage held by the City, to
the contract between the City of Port Arthur and BDS Constructors LLC dba MK Constructors
of Vidor, TX, for construction of the Water storage Standpipe on 61St Street.
Budget Considerations:
This project is funded by the General Land Office. This is Project No. I22SPW, from fund
145.
P. R. No. 19616
01/20/17 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
WATER STORAGE STANDPIPE ON 61st STREET AND
AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF
PORT ARTHUR AND APPROVAL OF FINAL PAYMENT (5%
RETAINAGE FEE) IN THE AMOUNT OF $141,262.51; ACCOUNT
NO. 145-1201-532.59-00,PROJECT I22SPW
WHEREAS, BDS Constructors LLC 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
November 14, 2016 from Arceneaux Wilson & Cole of Port Arthur, Texas, stating that to the
best of their knowledge, the Water Storage Standpipe on 61St Street 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 LLC dba MK
Constructors of Vidor, TX; 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 LLC dba MK Constructors of Vidor, TX, in the amount of$141,262.51 (see
within Exhibit"A").
P. R. No. 19616
12/28/16 ds
Page 2 of 3
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; and,
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 "F") for the completion of
the Water Storage Standpipe on 61St Street.
THAT, final payment be made to BDS Constructors LLC dba MK Constructors in the
amount of$141,262.51; 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 , 2017 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor -
Council members
,
NOES: .
Derrick Freeman
Mayor
P. R. No. 19616
01/20/17 ds
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
•
Sherri Bellard Valecia Tizeno �
City Secretary City Attorney I
APPROVED FOR ADMINISTRATION:
it)/ ItAsp
Brian McDougal Clifton Williams
City Manager Acting Purchasing Manager
Jimmie Johnson, Ph.D.
Assistant City Manager
APPROVED FOR FUNDING:
,4114d1 AP•
Harold Hankins
City Comptroller
EXHIBIT "A"
(Arceneaux Wilson& Cole, LLC, Recommendation for Final Payment)
ARCENEAUX WILSON&COLE
engineering I surveying I planning
November 15, 2016
Dr.Jimmie Johnson
City of Port Arthur
444 4d, Street
Port Arthur,Texas 77642
RE: RECOMMENDATION for FINAL PAYMENT and RELEASE of RETAINAGE
Water Storage Standpipe on 61st Street
AWC NO.CPA-865
Dear Dr.Johnson:
Attached for your records are the project completion documents for the Water Storage
Standpipe on 61st Street Water 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 One Hundred Forty-One Thousand Two Hundred Sixty-Two Dollars and Fifty-
One Cents ($141,262.51). 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
eestan Cole, PE
Vice-President
Attachments. Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Final Pay Estimate No 17
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com 10194049 10194049
EXHIBIT "B"
(Arceneaux Wilson& Cole, LLC, Final Invoice)
CPA-865
Contract Amount $ 2,825,250.00
Invoice No.1 $ 116,066.25
Invoice No.2 $ 22,823.75
Invoice No. 3 $ 313,980.70
Invoice No.4 $ 218,405.00
Invoice No.5 $ 59,389.25
Invoice No.6 $ 511,586.40
Invoice No.7 $ 531,262.80
Invoice No.8 $ 203,097.17
Invoice No.9 $ 98,382.00
Invoice No. 10 $ 59,029.20
Invoice No.11 $ 59,029.20
Invoice No.12 $ 37,814.75
Invoice No. 13 $ 125,705.90
Invoice No. 14 $ 151,049.52
Invoice No. 15 $ 119,413.10
Invoice No. 16 $ 56,952.50
Total $ 2,683,987.49
Invoice No. 17 (Final) $ 141,262.51
(Estimate No:_ _if17 Retainage Only
365 Calendar days allowed begin 20 calendar days used as of this estimate. 365 Amount of days used for
total project.
%Complete Work Done To Date
Mobilization,Bonds, Insurance,Onsite
Facilities,Project Sign,Complete. $ 162,900.00 100% $ 162,900.00
Foundation(including design,site prep,fill
materials,concrete,pile cap,finishing
grading),Complete in Place. $ 92,450.00 100% $ 92,450.00
Test pile 16" Diameter x 80',Complete in
Place. $ 4,000.00 100% $ 4,000.00
Production Piles(number&size determined
by design),Complete in Place. $ 241,150.00 100% 5 241,150.00
Design&Construction of 2,400,000 Gallons
coated steel Water Standpipe as specified and
shown on the drawings,and in accordance
with supplier design,Complete in place. $ 2,071,200.00 100% $ 2,071,200.00
Connection to existing 16" PVC Waterline
incuding 16-Inch,Gate Valve and Box{GV&B),
16" DI Tee,and associated appurtenances,
Complete in Place $ 16,100.00 100% $ 16,100.00
Manifold incuding all DI Piping,Di fittings,all
Gate Valves,16"Altitude Valve,supports,and
all associated appurtenances,Complete in
Place $ 105,850.00 100% $ 105,850.00
Site Work incuding but not limited to clearing
&grubbing,grading(including any required
excavation and/or backfill),access road,chain-
link fence and 10'gate,and associated
appurtenances,complete in place. $ 80,200.00 100% $ 80,200.00
Painting,Complete in Place. $ 5,000.00 100% $ 5,000.00
Disinfection of Standpipe and Piping,
Complete in Place. $ 5,000.00 100% $ 5,000.00
Electrical and Instrumentation,Complete in
Place. $ 16,900.00 100% $ 16,900.00
SCADA System,Complete in Place. $ 18,000.00 100% $ 18,000.00
Storrnwater Prevention Pollution Plan
including all required maintenance and
inspections $ 5,500.00 100% $ 5,500.00
Design&Implementation of Trench Safety
System,Complete in place. $ 1,000.00 100% $ 1,000.00
Total of Project $ 2,825,250.00 $ 2,825,250.00
5%Retalnage _, $
Total of Previous Payments $ (2,683,987.50)
Amount Due Contractor this Estimate _ $ 141,262,50
EXHIBIT "C"
(Engineers Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Water Storage Standpipe on 61'Street
Date Of Issuance: November 15,2016
Owner(s): City of Port Arthur
Owner's Project No.: CPA-865,Contract No. 1
Engineer: Arceneaux Wilson&Cole LLC
Contractor: I3DS 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
November 14,2016
DATE OF COMPLETION
417,
Executed by Engineer ony�ww 7r �!,/` /6 , 2016 g'�P''"~�r- tt$j
r KEESTAN X.COLE k
114225 .1„,
BY:
RCENEAUX WILSON 8 COLE LLC [SEAL]
1/]
LnA>I '.
M DAVIS-BACON ACT/LABOR STANDARDS
kill(' > \,/ `ji
Certificate of Construction Completion (Form 6-q) (Revised: 6/5/12)
(SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT)
Grantee: 13BS Constructors LLC dba MK Constructors Land Office-DR Contract No: DRS220148
This is to certify that a final inspection of the project described below was conducted on the 14th day of_
November 2016
Contract was entered into on the 8t11 day of October,2014 between the city/county of Port Arthur
Orange County and DDS Constructors LLC dba for the Construction of Water Storage Standpipe on 61st Street
MK Constructors
This is to further certify that:
1. The work has been completed in accordance with the plans and specifications and all addenda, change
orders and supplemental agreements thereto, with the following exceptions:
2. The sum of$ 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 $ 2,825,250.00
Cumulative Change Orders $ 0.00
Final Amount of Contract $ 2,825,250.00
Less Previous Payments $ 2,683,987,49
Less Deductions (from #2 above) $ 0.00
FINAL PAYMENT(Balance) $ 141,262.51
5. The Final Payment in the amount above is now due and payable.
One Hundred Forty One Thousand Two Hundred Sixty-I wo Dollars and Fitly One Cents (5141,262.51)
6. Final Quantities:
Activity
Code Category Project Name Description Metric(Qty)
P21427-1a Water Facilities-la Water Storage Standpipe on 61st Street Install 2.5M gallon Tank 1
See Attachment 1 for assistance with completing the above table
Certified b :
ngtneer pntrac Chief Executive Officer
Vice President
Title Title Title
ARCENEAUX WILSON&COI E LI.0 BUS Constructors l LC dba MK Constructors
Firm Firm City/County of
(;CA) — Disaster Recover' Program Forms
Page 1 of 1
EXHIBIT D
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BDS Constructors LLC dba MK Constructors
(Name of Contractor) �M
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO CPA-865, Contract No. 1 ENTERED INTO 8th DAY OF October,
2014 BETWEEN THE City of Port Arthur
AND BDS Constructors LLC dba MK Constructors
(Name of Contractor)
OF Vidor. Texas
(CKY1 (Stale) -------------- -
FOR THE Water Storage Standpipe on 61' 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
One Hundred Forty One Thousand Two Hundred Sixty-Two Dollars and Fifty One Cents
($141262.511 -- -----
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 , 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.
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 VI day
of "al CIL, ` ,20\LR
[SEAL] BDS Constructors LLC dba MK Constructors
(Contractor)
BY: ItA.4 4 J---- -
(Signature and Title of Officer)Vice President
'i\\ C \ ..a, 46\...)0L.)3(\, being first duly sworn on oath, deposes and says, first, that
(Arrant)
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.
Subscribed and sworn to before me this day
of ��
2014. ------ —
My commission expires 141 3 it 20 '
(Date) I
- 4 4 I. '1
.�l"""" CARRIE EVE VINCENT
����"`���`: (Notary Pu Ire
�,4� �,:NOto1y PubllC,State of Texos M ry )
3�y• f Comm.Expires 04-132020
':f„•,j,,;9 Notary ID 128955139
EXHIBIT "E"
(Contractor's Certificate of Guarantee)
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-865 , Contract No. 1 ENTERED INTO THE 8'h DAY OF
October, 2014 BETWEEN THE City of Port Arthur
AND BDS Constructors LLC dba MK Constructors
OF Vidor, Texas
FOR: Water Storage Standpipe on 6151 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
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this rl day
of 211L_ l v ts— -_, 20 k .
[CORPORATE SEAL] BDS Constructors LLC dba MK Constructors
(Contractor)
BY: ‘' {\1 .Y3(
, 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.
tk4,10 L------
(Affiant)
Subscribed and sworn to before me this 9 day of ItarldacLS ,
20 i .
My commission expires - I '3 I W
(Date)
o,"" '�•, CARRIE EVE VINCENT acoi,
?_: :Notary Public.State of Texos
av�.� �;Comm.Expires 04-13-2020
%rte' Notary ID 128955139
(Notary Public)
2/2
EXHIBIT "F"
(Contractor's Certificate of Acceptance)
City of Port Arthur, Texas
Department of Utility Operations
CERTIFICATE OF ACCEPTANCE FOR
THE WATER STORAGE STANDPIPE ON 61st STREET PROJECT
IN THE CITY OF PORT ARTHUR
To: BDS Constructors LLC dba MK Constructors
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
construction of the Water Storage Standpipe on 61st Street 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 LLC dba MK Constructors.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary
