HomeMy WebLinkAboutPR 23893: LANDFILL WATERLINE EXTENSION CLOSEOUT ,wb;g
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INTEROFFICE MEMORANDUM
Date: August 27, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR No. 23893 —Landfill Waterline Extension Closeout
Introduction:
This Agenda Item is seeking the City Council's approval to accept the closeout documents and
release the final retainage of$72,868.95 to MK Constructors of Vidor, Texas for the Landfill
Waterline Extension Project.
Background:
Resolution No. 23-386 awarded the project to BDS Construction, LLC dba MK Constructors of
Vidor,Texas for$1,382,509.00,and Arceneaux Wilson&Cole Engineering Firm of Port Arthur,
Texas is the project engineer and construction manager.
Resolution No. 24-062,the Council approved Change Order No. 1, to extend the water line into
the landfill property. This entailed the addition of 370 ft of 8" PVC pipe, two mechanical joint
45-degree bend fittings, one fire hydrant assembly, one auto flush valve, and one service tap
with RPZ backflow preventer to serve the landfill office building. Change Order No. 1 increased
the contract amount by $74,870.00 to the total contract amount of$1,457,379.00.
Arceneaux Wilson& Cole Engineering and city staff confirmed the project has been completed.
All the completion of the project documents required are attached.
"Remember, we are here to serve the Citizens of Port Arthur"
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Budget Impact:
Initial contract amount was $1,382,509.00.
Change Order No. 1 increased the contract amount by$74,870.00 to a new total contract amount
of$1,457,379.00.
Funding is available in retainage account No. 405-00-000-2050-00-00-000
Recommendation:
It is recommended that the City Council approve Proposed Resolution No. 23893, which
authorizes the City Manager to accept the project completion and authorizes the release of the
final retainage of$72,868.95.
"Remember, we are here to serve the Citizens of Port Arthur"
PR No. 23893
08/27/24 cm
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT THE PROJECT COMPLETION
DOCUMENTS FOR THE LANDFILL WATERLINE
EXTENSION PROJECT WITH BDS CONSTRUCTION,
LLC DBA MK CONSTRUCTORS OF VIDOR, TEXAS,
AND RELEASE THE RETAINAGE IN THE TOTAL
AMOUNT OF $72,868.95; FUNDING IS AVAILABLE IN
RETAINAGE ACCOUNT NO. 405-00-000-2050-00-00-000.
WHEREAS,pursuant to Resolution 23-386,the Landfill Waterline Extension Project was
awarded to BDS Construction, LLC dba MK Constructors of Vidor, Texas with a total projected
budgetary amount of$1,382,509.00; and,
WHEREAS, pursuant to Resolution 24-062, Change Order No. 1 approved additional
project scope, including the installation of 370 ft of 8" PVC water line, two mechanical joint 45-
degree bend fittings,one fire hydrant assembly,one auto flush valve,and one service tap with RPZ
backflow preventer to serve the landfill office building increasing contract amount by $74,870.00
to the new total contract amount of$1,457,379.00; and,
WHEREAS, Arceneaux Wilson & Cole Engineering Firm submitted the closeout
documents which were verified by city staff,stating that to the best of their knowledge,the Landfill
Waterline Extension Project has been completed in general accordance with the City standards
including an Engineer's Certificate of Completion (Exhibit"A"), Contractor's Affidavit (Exhibit
"B"),Contractor's Certificate of Warranty (Exhibit"C"),and Contractor's Certificate and Release
(Exhibit"D"); and,
WHEREAS,the retainage for this project is due, as the work is completed and billed, and
the release of retainage to BDS Construction, LLC dba MK Constructors of Vidor, Texas for
$72,8868.95 (Exhibit"E") is recommended.
PR No. 23893
08/27/24 cm
Page 2 of 4
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 is hereby authorized to accept the closeout documents of the
Landfill Waterline Extension Project, including Engineer's Certificate of Completion (Exhibit
"A"), Contractor's Affidavit (Exhibit "B"), Contractor's Certificate of Warranty (Exhibit "C"),
Contractor's Certificate and Release (Exhibit"D"); 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 Landfill Waterline Extension Project; and,
THAT,the Release of Retainage be paid to BDS Construction,LLC dba MK Constructors
of Vidor, Texas for the amount of$72,868.95 (Exhibit"E"); 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 , 2024 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
PR No. 23893
08/27/24 cm
Page 3 of 4
Thurman Bill Bathe
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo
City Attorney
PR No. 23893
08/27/24 cm
Page 4 of 4
APPROVED FOR ADMINISTRATION:
Ronald Burton, CP vi Ma ews, P.E.
City Manager Director of Water Utilities
APPROVED AS FOR AVAILABILITY OF FUNDS:
&/16ic.F
ynda(Lyn) Boswell, MA, ICMA-CM Clifton . Williams, Jr., CPPB
Director of Finance Purchasing Manager
EXHIBIT A
(Engineer's Certificate of Completion)
„.....
*wt. omit
110111 ARCENEAUX WILSON&COLE
engrneerinq I surveying I plonn,ng
August 26, 2024
Calvin Matthews, P.E.
City of Port Arthur
Director of Water Utilities
444 4th Street
Port Arthur, Texas 77640
RE: CLOSEOUT DOCUMENTS, RECOMMENDATION for FINAL PAYMENT and
RELEASE of RETAINAGE
Landfill Water Line Extension
AWC NO. CPA-1010
Dear Mr. Matthews:
Attached for your records are the project completion documents for the Landfill Water Line
Extension project. These documents include the Engineer's Certificate of Completion,
Contractor's Certificate of Guarantee, Contractor's Certificate of Release, Contractor's
Affidavit,and Invoice No. 7(Final).
These documents were executed showing a balance due the Contractor from the City. This
balance is the amount due for Invoice No. 7, the retainage withheld from the monthly
estimates. 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 M K Constructors from the City of Port Arthur in the amount of Seventy-Two
Thousand Eight Hundred Sixty-Eight Dollars and Ninety-Five Cents($72,868.95). Should you
have any questions or require further information please do not hesitate to contact me at
409-724-7888.
Sincerely,
ARCENEAUX W LSON & COLE LLC
1,
Keith Zotzky, ' , M
Vice President of Engineering Services
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Contractor's Affidavit
Pay Invoice No.7(Final)
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
ENGINEER'S CERTIFICATE OF COMPLETION
Project: LANDFILL WATER LINE EXTENSION
Date of Issuance:AUGUST 26,2024
Owner(s):CITY OF PORT ARTHUR
Owner's Project No.: CPA-10I0
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
AUGUST 26,2024
DATE OF COMPLETION �7,NaN‘= •
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Executed by Engineer on AUGUST 26 , 2024 � s
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BRIAN K.ZOTZKY
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BY:
ARCENEAUX WILSO E LLC [SEAL.]
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EXHIBIT B
(Contractor's Affidavit)
Contractor's Affidavit
PROJECT: Landfill Water Line Extension
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 priorApplications for Payment.
EXCEPTIONS:
Signature t\t' lC\\)`, -
Print ` .
Date
Sworn to and subscribed before me,a Notary public, this day ofL , 2I2!
0ast n Yki f
Notary Public
My commission expires: i4 1? , ���►+►++++�+uu�,�
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EXHIBIT C
(Contractor's Certificate of Warranty)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CITY OF PORT ARTHUR
TO: MK CONSTRUCTORS
FOR: LANDFILL WATER LINE EXTENSION
REFERENCE CONTRACT NO. CPA-I010 ENTERED INTO THE I6TH DAY OF
OCTOBER 2023 BETWEEN THE CITY OF PORT ARTHUR
AND MK CONSTRUCTORS
OF VIDOR,TEXAS
FOR: LANDFILL WATER LINE EXTENSION
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.
a) As part of this Guarantee, MK Constructors will re-dress and perform one (I)
additional seeding of the Hurricane Flood Protection Levee At-Grade crossing.
Seeding to be Gulf Annual Rye at a rate in accordance with USACE specifications.
Additional seeding activities to take place prior to January 0I,2025.
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.
1 l2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this aip day
of ,20
[CORPORATE SEAL] MK CONSTRUCTORS
(Contractor)
BY: .* � � VJ,?►`
being first duly sworn on oath,deposes and says, first that
he is the V •
, 1
second,that he has read the foregoing certificate by him subscribed as V ` `
of c\c`,. A—(
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this r L day of Luer,
20 \\\\��\�• EVE V1NFNj��
�� PQ,•'' ),V PUB
` ` G••OAP 4�L'•'i ��
My commission expires `t\13\21) i • -"4. /
(Date) `rl *:
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Nots. Vc\urn-1-
(Notary Public)
2/2
EXHIBIT D
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: MK CONSTRUCTORS
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-1010 ENTERED INTO THE 16TH
DAY OF OCTOBER 2023 ,BETWEEN THE CITY OF PORT ARTHUR
AND MK CONSTRUCTORS
(Name of Contractor)
OF VIDOR TX
(City) (State)
FOR THE LANDFILL WATER LINE EXTENSION
(Name of Project)
KNOW ALL.MEN BY THESE PRESENTS:
I. 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
($72,868.95)
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) None
(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.
1
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.
S. 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 h.• i_l ed and sealed this instrument this e2lt) day
of ,21
[SEAL] MK CONSTRUCTORS
(Contractor)
BY: A` 'V"n.Ah--
(Signature and Title of Officer)
being first duly sworn on oath, deposes and says, first, that
(Affian
y�
he is the V of M\.—.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as N k •
(Title)
of \c‘ 1 ,
(Name of Company)
Affiant further states that the matters and things stated herein are true.
Affiant)
Subscri ed and sworn to before me this C› -`'"' day of
20
My commission expires \ l' I •
Da
`�`ottiw111/1/0
.‘ !EVE VINOi,,,, (\—)C ‘\6(-YAM Ci-Mk
VP PRY PLB .T
_ (Notary Public(
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128955 3
EXHIBIT E
(Retainage Invoice)
PROJECT ACCOMPLISHMENT PAYMENT APPUCATION
CITY OF PORT ARTHUR
ProHai W1051LL WATER 01612620N51O4 Cm AIX COIISIRUC0045 Original Contract Amount: 5 1,202,50000 Miner.of Work Oonr.10% Nu 21.0,07 1.00515 VA DITENSION
Rid Number: P23058 Addreae P.0.00X 1200,77670 015Ma1 Contract Nme: eon Cal Days Per0en70TTb„e Used:100% Invoke OM:Au0:r1t 161011
CONTRACT NO. 23-366 iLL 0. 20.70000 Adfoiled Contract Nme: I110 61.1101 UM Oats NOvembm 21,1022 Perbd FMMO:May 16.707.1
Tina U50: 100 CAL 00ys Completion Oatea M.y76,1021 imat.OT
f4,sI08 OW.0M6.4.1UmM Ame0M0WN P. Pm Nib P0:104 Toole Osto
Item Oex+btm UM OWnov Maim0mno7 t (NAM VM Mama Owaovh Mimi Ouw0y Amoom 004mey MI..
Ptit.
1 156071A0 SS167ap SO. MOO
mm 5%,671m 50.00 1 356471 m
COMA. $1,713-m $1,011.01 Sam 50.00 1 21,71000 51030 I 51.70300
700MW 55 bm AI 01, 7 517m bon 5000 I 51.617. 5003 51.617.00
116. A 10001 0181124.5.105262.11011 LI 61 570100 36 .76Om Sam 5000 m nmm
50 5110 51N.Im. Sa 56 .7
0`020e7650X 01 It 1X5TAl4NO711NTR0RCR Lt. 60 51.3.00 0.3100 $0.00 Sam 60 0500.00 MOO 50 50.566.00
ir NU GATT YAM 0W70540461106 6A. 2 55311.06 140361* 10.00 3000 7E101.00 5000 5623500
M Mt 6111252 VAI.V6(004 10 I 0.00600 51617006 20.00 30.00 5 310.1000 5600 1 516.170.20
e 00A
IV CM.e N 7I5)AT.6.00105H16 5131.0 b7,130.m 50m 50.m I50 517.55o m 56m 5370000
6 NU0E 00511n 11'S0C61CA5W0 56a57.m 5101,515-m AO Wm 55 5563AI560 5.m $115635m
P,C1110Am1 01m 001TAW11011WTefN01 LT. 5 306.00 5471019 5000 50.00 SS 34701.00 000 5 5673.0
14'8010S 0601660020 16 51,71.100 314161.0 m 0 50.00 514165.20 $000 5140060
w15 11'YY1UaR 13,155m $S]71.W $0m 50m 55100 10. 55.370m
10 51.200 S473am bon 5om • 5471aoe - mm bon 52,030
b073.m 55715.01 50.m mm $5,76 5000 3106600
tC11e10 000016 Ivf(A1y3 24 515A000 554707u1 5040 WOO 2 534710m., S000 50.712.00
bm017 Ac6 rt3700A150N s.0. 5m S600 504m0m 10.a0 Soon son S70m000 504 son $20,01.00
e0020 AM,mte 01a
1b 573m $17Gss.00 50.00 5000 0355 5170,615m SSW13b 51766s5.00
IV I'PVC 26 MIME
x AUA1mX W nUNN O 16. 5560.02 55000 5000 MOO 35003 5800 558000
t'MU 11.5016800 M. IA 550000 500.00 36m 50.00 5b0.00 50.m SM.
55 .m S15.00 5om m mm SO. 5me sm0.m
6,X1'IU 100V1OG. m
50.755 WOO 367000 5060 5411100 0.60 36775m
7'6111 X11[M(00E(AA.) M. 57157m 51451400 SOW 006 50010.00 MOO 51431.a00
C0027000 TO 031:X4 WATER UM 13 51F01.011- 565b.00 3000 bon 56.1I203 Sam 56,506m
146102.210110 700000 Li. 1575 $3.0 $115)50.m WO 5000 1575 51.05000 50.00 .57 Suelm,m
Smarr b10.0 WOO S0.m 51.1mm M.O.
MOm
xli XV'AU ROUGING 1 W/Y CAP 24 1 S101.44 51,00220 56m 5600 1 51,000.00 50.00 SSAmm
0*1 64 1 541mm b}10.m S4m mm 1 543m00 50.m 54300.00
ammo
M014NT 0Ya57M.1 11010 TUNM Li. 370( 516300 550,01000 Sum 170 652.91011 5000 170 552.010m
IV All IS 014RIF 0580 EA. 2 5356d1 51.12000 bon 51.560.00 Sam 51,10.00
1 5110000 541mm 50.00 b,Jmm 30m b100m
AfS17Yly I. 5110001 56.5000 5000 1 56000021 .00 If3.s00.m
I'S11S311TUW1t071u3 P1.4014116 1: Ss,000.m Y400000 5000 1 S5m0.m W0001_15_0
TOTAL 11a01,5o0.m S.A... 51057,57400 51Ab13140 --___ Seen __-.-.. 51A57171m
an eyartd 04 aamo l0.. Odglml Contram Amoco: 5 1.361,50.00
NOChan6e Orders: f 71070.m
- Amended Commat Amount: $ 5A57,77500
Rea mayPl a man S Cde CAM 1.0.2.a PS-D.em«a Wen,Mims C6Xm.%yaem,.uve,Portia,Macon. -.. Material On Nana: 5 Total To To Date Amount. $ 1,657,57a0
Lets C%RoaMagmMA.5Me
UM TOME: $ 1,457,30.0
a m, --- Previous Payment: 5 1,04.610.
,m,yyaw.a.aaavarw e1.01..m0raa wrou...'Mr, Amount Due TAIs Reauesl: 5 12,11611.95
EXHIBIT F
(City of Port Arthur Certificate of Acceptance)
k
.sue.
CERTIFICATE OF ACCEPTANCE FOR
LANDFILL WATERLINE EXTENSION PROJECT
FOR
THE CITY OF PORT ARTHUR
To: BDS Construction,LLC dba MK Constructors of Vidor, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the Landfill Waterline Extension Project,based on the Engineer's Certificate of
Completion by Arceneaux Wilson& Cole LLC, Contractor's Affidavit of Bills Paid,the
Contractor's Certificate and Release, and Contractor's Certificate of Warranty from
BDS Construction, LLC dba MK Constructors of Vidor, Texas.
Ronald Burton, CPM
City Manager
ATTEST:
Sherri Bellard
City Secretary