HomeMy WebLinkAboutPR 16806: ACCEPTING THE PLEASURE ISLAND DIVERSION FORCE MAIN PROJECT CONTRACT NO. 4 FROM ALLCO, LLC MEMORANDUM
CITY OF PORT ARTHUR
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations
DATE: November 30, 2011
SUBJECT: Proposed Resolution No. 16806
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 16806 accepting the Pleasure Island
WWTP Diversion Force Main Project, Contract No. 4, from ALLCO, L.L.C., of Beaumont, Texas, and
authorizing final payment in the amount of $6,568.68.
BACKGROUND
This project constructed a new Force Main, which transports sewage across the Sabine- Neches Intracoastal
Waterway to our Main WWTP collection system. This Force Main operates in concert with the accompanying
Lift Station project and allowed the abandonment of our Pleasure Island WWTP in accordance with a
Compliance agreement with the TCEQ. This project was funded by the City Sewer Bond Fund. The engineer
has issued a Certificate of Completion and the contractor has provided a Certificate of Guarantee and a
Certificate and Release for the project. The project was completed on time and under budget.
BUDGET/FISCAL EFFECT
This project is funded by the City Bond account no. 428 - 1625 - 532.83 -00, project no. 428002. Final payment is
recommended.
STAFF/EMPLOYEE EFFECT
City staff and our consulting engineer, Arceneaux & Gates, conducted a Final Inspection of this project last
month.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 16806 accepting the Pleasure Island
WWTP Diversion Force Main Project, Contract No. 4, from ALLCO, L.L.C., of Beaumont, Texas, and
authorizing final payment in the amount of $6,568.68.
P.R. No. 16806
011/30/11
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLEASURE ISLAND
DIVERSION FORCE MAIN PROJECT, CONTRACT NO. 4,
FROM ALLCO, L.L.C., AND AUTHORIZING FINAL
PAYMENT IN THE AMOUNT OF $6,568.68, ACCOUNT NO.
428 - 1625 - 532.83 -00, PROJECT NO. 428002.
WHEREAS, the City is in need of sewer system improvements in order to abandon the
Pleasure Island WWTP facility and satisfy a Compliance Agreement with the TCEQ; and,
WHEREAS, in cooperation with Arceneaux & Gates Consulting Engineers, the City of Port
Arthur advertised and received bids from five contractors for this project; and,
WHEREAS, ALLCO, L.L.C. has completed the project, as certified by the Arceneaux &
Gates Consulting Engineers Certification of Completion attached as Exhibit A; and,
WHEREAS, ALLCO, L.L.C. has executed a Certificate and Release (Exhibit B) and a
Certificate of Guarantee (Exhibit C) for this project; and,
WHEREAS, Arceneaux & Gates Consulting Engineers recommends the approval of the
final payment in the amount of $6,568.68; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Council of the City of Port Arthur hereby accepts the Pleasure Island WWTP
Diversion Force Main Project, Contract No. 4, from ALLCO, L.L.C., of Beaumont, Texas; 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 (attached as Exhibit "D "); and,
THAT the City Council of the City of Port Arthur authorizes final payment in the amount of
$6,568.68; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. No. 16806
011/30/11
Page 2 of 3
READ, ADOPTED AND APPROVED THIS day of , 2011
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
•
AYES: Mayor
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
Al 1 ear. r
Sherri Bellard alecia Tize 411
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
� � APPROVED AS TO AVAILABILITY OF
Ross Blackketter, PE FUNDS:
Director of Public Works
Oa, y( Xalafett
Kelly El
/4-ii ° Deborah Echols
Director of Utility Operations Director of Finance
Account No.: 428 -1625- 532.83 -00, Project No. 428002
EXHIBIT A
(A &G Recommendation)
i
. I
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Pleasure Island WWTP Diversion Force Main to Serve
the City of Port Arthur
Date Of Issuance: A/o JE M 6Ett. 11 , 2 0 t [
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA -490, Contract No. 4
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Contractor: ALLCO, L.L.C.
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 ALLCO, L.L.C.
[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 4, 2011
DATE OF COMPLETION , ,v„ •• of „%. N~111�t1
�, �
�,%� t
q t
Executed by Engineer on Ah 1. /7 2011 5oP .k ' * t t r
* .. A\• • ••DA .
.......... o CH r
......98
jjl t i t SS IO N A� .
BY: �1G ,/4 l l tttititia��,
ARC N X & GATES CONSULTING ENGINEERS, INC. [SEAL]
1/1
EXHIBIT B
(Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ALLCO, L.L.C.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA - 490, CONTRACT NO. 4 ENTERED INTO THE 29 DAY
OF MARCH, 2011, BETWEEN THE CITY OF PORT ARTHUR
AND ALLCO, L.L.C.
(Name of Contractor)
OF BEAUMONT, TEXAS
(City) (State)
FOR THE: PLEASURE ISLAND WWTP DIVERSION FORCE MAIN TO SERVE THE CITY OF
PORT ARTHUR
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
SIX THOUSAND FIVE HUNDRED SIXTY EIGHT Dollars and SIXTY NINE Cents ($ 6,568.69)
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.
1/2
I
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. ot
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this � day
of AL .-lcri 3iat. _ , 2011.
(CORPORATE SEAL)
ALLCO, L.L.C.
(Contractor)
BY: i 4 4/
(Keith Burrell)
///r being first duly sworn on oath, deposes and says, first, that
(Keith well)
he is the Vice President of ALLCO, L.L.C.
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as Vice President
(Title)
of ALLCO, L.L.C.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
XL
(Keith Burrell)
Subscribed and sworn to before me this j��," ' d of /a ij, ' _� , 2011.
My commission expires (:) /20/5 •
( Dam
l; o *v •�,, ANABELLE D DRAKE g 1 ' 0 / / L / , . Public s L L
I, 0 * a N !!� ` otary'ublic)
t e . A. STATE OF TEXAS l
Comm. Exp. March 29, 2015 iI
2/2
EXHIBIT C
(Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ALLCO, L.L.C.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA - 490(491), Contract No.4
ENTERED INTO THE 29 DAY OF March, 2011 BETWEEN THE CITY OF PORT ARTHUR AND
ALLCO, L.L.C.
OF BEAUMONT, TEXAS
(City) (State)
FOR THE PLEASURE ISLAND WWTP DIVERSION FORCE MAIN to SERVE the CITY OF
PORT ARTHUR, CPA -490, CONTRACT NO. 4
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. ALLCO, L.L.C. 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
ALLCO, L.L.C. 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 /0 411 day
of / 1 0//ff tt, r ' , 2011.
(CORPORATE SEAL) ALLCO, L.L.C.
(Contractor)
RECEIVED BY: (Key, , Vice President ,/-'"e_
NOV 2 1 2011
PUBLIC WORKS
Admin. - City Hall
1/2
Keith Burrell, being first duly sworn on oath, deposes and says, first that he is the
Vice President of ALLCO, L.L.C.
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as Vice President
(Title)
of ALLCO, L.L.C.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
A /
(K- th Butrell)�
Subscribed and sworn to before me this day of j / - - _i a , 2011.
My commission expires: ( aq
(Dat )
1
�. ,.
(Notary Public)
.�;Y_•
ANNELLE 13 DRAKE '
1.
Notary Public
�,,_ • STATE OF TEXAS
l •°` My Comm. Exp. March 29. 2015
RECEIVED
NOV 2 12011
PUBLIC WORKS
Admin. - City Hall
2/2
I 4
EXHIBIT D
(Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE
FOR
Pleasure Island Diversion Force Main Project,
Contract No. 4
IN THE
CITY OF PORT ARTHUR
TO: ALLCO, L.L.C.
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the Pleasure Island Diversion Force
Main Project, Contract No. 4 on the basis of the Engineer's Certificate of Completion by Marc A.
Ochoa, P.E., Arceneaux & Gates Consulting Engineers, the Contractor's Certificate of Guarantee,
1 and the Contractor's Certificate and Release, executed by Keith Burrell, Vice President, of ALLCO,
L.L.C.
Stephen Fitzgibbons
City Manager
ATTEST:
Sherri Bellard
City Secretary