HomeMy WebLinkAboutPR 22988: PIONEER PARK LIFT STATION REHABILITATION CLOSEOUT ry
INTEROFFICE MEMORANDUM
Date: January 12, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22988 —Pioneer Park Lift Station Rehabilitation Closeout
Introduction:
The intent of this Agenda Item is to seek City Council's approval for close out of the Pioneer
Park Lift Station Rehabilitation and authorize the City Manager to pay the retainage invoice of
$38,703.25. The original and final cost of this project is $774,065.00.
Background:
On April 13, 2021, City Council passed Resolution No. 21-133, awarding the Pioneer Park Lift
Station Rehabilitation to BDS Constructors, LLC dba MK Constructors of Vidor, Texas.
Budget Impact:
The original contract amount was $774,065.00, which is also the final cost of the project.
Funding is available in Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON.
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 22988, which closes out
the project and authorizes the City Manager to accept the project and authorizes the release of
the retainage of$38,703.25.
"Remember, we are here to serve the Citizens of Port Arthur"
PR No. 22988
1/12/23 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT THE ENGINEER'S CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE AND
RELEASE AND CONTRACTOR'S CERTIFICATE OF
GUARANTEE AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CERTIFICATE OF
ACCEPTANCE FOR THE PIONEER PARK LIFT
STATION REHABILITATION BY BDS
CONSTRUCTORS, LLC DBA MK CONSTRUCTORS OF
VIDOR, TEXAS ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS, AND RELEASE OF RETAINAGE IN
THE AMOUNT OF $38,703.25; FUNDING FOR THE
PROJECT IS AVAILABLE IN ACCOUNT NO. 405-40-000-
8516-00-00-000,PROJECT NO. WS0006-CON.
WHEREAS, per Resolution No. 21-133, the City Council awarded a contract for the
Pioneer Park Lift Station Rehabilitation to BDS Constructors, LLC dba MK Constructors of
Vidor,Texas, in the amount of$774,065.00; and,
WHEREAS,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 Construction and
Completion, dated November 28, 2022 from Arceneaux, Wilson & Cole, LLC of Port Arthur,
Texas, stating that to the best of their knowledge, the Pioneer Park Lift Station Rehabilitation,
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 of Guarantee (Exhibit
"B"),executed by MK Constructors; and,
WHEREAS, the retainage for this project is due, as the work is completed and billed,
and the project engineer, Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas, approves
release of retainage to MK Constructors, in the amount of$38,703.25 (see Exhibit"D").
PR No. 22988
1/12/23 bw
Page 2 of 3
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the City Manager is hereby authorized to accept on behalf of the City the
Engineer's Certificate of Completion (Exhibit "A"), the Contractor's Certificate of Guarantee
(Exhibit "B"); and authorize the City Manager to execute the Certificate of Acceptance (Exhibit
"C") for the completion of the Pioneer Park Lift Station Rehabilitation, and the Release of
Retainage to MK Constructors, in the amount of$38,703.25 (Exhibit"D").
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 , 2023 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor:
Councilmembers:
1
NOES:
I
4
Thurman Bill Bartle
Mayor
4
4
4
I
I
I
PR No. 22988
1/12/23 bw
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
Sherri Bellard ecia Tize
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
i? tA
itiet
Ronald Burton Clifton Williams, CPPB
City Manager Purchasing Manager
Yalvinatthe , P.E.
Water Utilities Director
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel
Acting Finance irector
EXHIBIT A
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: PIONEER PARK LIFT STATION REHABILITATION
Date of Issuance:NOVEMBER 28,2022
Owner(s):CITY OF PORT ARTHUR
Owner's Project No.:CPA-975,Contract No. 1
Engineer: ARCENEAUX WILSON&COLE LLC
Contractor: 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 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 22,2022 �� `\
DATE OF COMPLETION i P C T.F 11
Executed by Engineer on November 28 ,2022 f*•• •*If
BRIAN K.ZOTZKY
ffI1��••• ,24808�•.���v��/
BY: _
ARCENEAUX WILS &COLE LLC [SEAL]
I
1
1/1
EXHIBIT B
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CITY OF PORT ARTHUR
TO:MK CONSTRUCTORS
FOR:PIONEER PARK LIFT STATION REHABILITATION
REFERENCE CONTRACT NO. CPA-975,Contract No. I ENTERED INTO THE 7TH DAY OF
MAY 2021 BETWEEN THE CITY OF PORT ARTHUR
AND MK CONSTRUCTORS
OF PORT ARTHUR,TEXAS
FOR: PIONEER PARK LIFT STATION REHABILITATION
KNOW ALL MEN BY THESE PRESENTS:
I. 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 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.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this # ait• day
of 'a`a tt`: �._ )i '_ ,20
[CORPORATE SEAL] MK CONSTRUCTORS
(Contractor)
BY: 1\�
1/2
1 ,
k ;being first duly sworn on oath,deposes and says,first that
he is the '1
second,that he has read the foregoing certificate by him subscribed as
of V, ,t
s )c ' t
Affiant further states that the matters and things stated herein are true.
(Alluint)
t
\ '
Subscribed and sworn to before me this . day of ,
20 '
t
My commission expires I
(Date)
CARRIE EVE VINCENT
Notary ID#128955139 0
447410,',., My Commission Expires
e op 1 April 13, 2024
% •
(Notary Public)
2/2
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: MK CONSTRUCTORS
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(owner)
REFERENCE CONTRACT NO. CPA-975 ,Contract No. 1 ENTERED INTO THE 7TH
DAY OF MAY 2021 ,BETWEEN THE CITY OF PORT ARTHUR
AND MK CONSTRUCTORS
(Name of Contractor)
OF PORT ARTHUR TX
(City) (State)
FOR THE PIONEER PARK LIFT STATION REHABILITATION
(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
($38,703,25)
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 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.
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
1
arising out of said contract or modification thereof, and will execute such further releases or
assurances as the Owner and Operator may request.
t
IN WPTN SS WHEREOF,the undersigneli l:�'s signed and sealed this instrument this.`�• day
of V;ti.0'•.f ,20 .
(SEAL] MK CONSTRUCTORS
(Contractor)
BY: \14" '^'"'0 \r
(Signature and tub of Officer)
•
I(%t,.�; , l 1 ;1 ,� being first duly sworn on oath, deposes and says, first, that
_(A(ilanl)
he is the ti of S ,) . 11 !q_ ( 1 �_ . {.
(Title) (Name of Company)r y.� '' 1 L _ -( : i ` y,
� C, tiff ( � (... t
second,that he has read the foregoing certificate by him subscribed as \ •�
(title)
of Y>.\>` (`k ,\ \-( t._(._ r _ i \) 1 ---
(NameofCompany) ( ,\ \, \
Affiant further states that the matters and things stated herein are true.
`l (Atfian)
Subscribed and sworn to before me this r r�,� _day of ! �( i l' } '{
20 !)
My commission expires 1 ) '
(Date)
`\ \ j \
•
( ►Pv°re CARRIE EVE VINCENT ( S; t� )� } ' L. t,!y\
f- Notary ID#128955139 I (Notary Public)
Ayp My Commission Expires
( E or% April 13,2024
2
Contractor's Affidavit
PROJECT: Pioneer Park Lift Station Rehabilitation
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State of Texas
County of Jefferson
The undersigned hereby certifies that,except as listed below,all previous progress payments received
on account of the Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
EXCEPTIONS:
Signature
Print `"Vv\\\(
� .
Date },4, `'. \
Sworn to and subscribed before me,a
Notary public, this ) ) day of •
Notary Public
My commission expires: ; > i
1�"Y"ue CARRIE EVE VINCENT
i��`i+ Notary ID#128955139
�,.A. My Commission Expires
��F�« April 13, 2024
EXHIBIT C
(City of Port Arthur Certificate of Acceptance)
City of Port Arthur, Texas
Department of Utility Operations
CERTIFICATE OF ACCEPTANCE FOR
PIONEER PARK LIFT STATION REHABILITATION FOR
THE CITY OF PORT ARTHUR
To: BDS Constructors, LLC dba MK Constructors of Vidor, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the Pioneer Park Lift Station Rehabilitation, on the basis of the City of Port Arthur,
Texas Water Utilities Department, the Engineer's Certificate of Completion, the
Contractor's Certificate and Release, and Contractor's Certificate of Guarantee from
1 BDS Constructors, LLC dba MK Constructors of Vidor, Texas.
Ronald Burton
City Manager
ATTEST:
1 Sherri Bellard
City Secretary
,
EXHIBIT D
(Release of Retainage Invoice)
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