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HomeMy WebLinkAboutPR 17045: ACCEPTANCE OF KANSAS AVE DRAINAGE PROJECT PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO John A. Comeaux, P.E., Acting City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.R. #17045 — Acceptance of the Kansas Ave. Drainage Project DATE 07 May 2012 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 17045, accepting the Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's Certificate of Guarantee; and releasing the retainage for the Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott) From West 19th Street to West Thomas Boulevard. BACKGROUND: We have received the Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's Certificate of Guarantee for the Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott) From West 19th Street to West Thomas Boulevard. In addition, representatives of the Public Works Department have inspected these improvements and found them to be in accordance with City standards. BUDGETARY /FISCAL EFFECT: Funding is available in Project ORKANS, 141 - 1201 - 532.59 -00. EMPLOYEE /STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17045, accepting the Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's Certificate of Guarantee; and releasing the retainage for the Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott) From West 19th Street to West Thomas Boulevard. Ross E. Blackketter, P.E. Director of Public Works REB /reb S: \engineer \documents \CAMS \2012 \ALLCO Accept (Kansas Drng).docx P.R. 17045 05/07/12 reb 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 THE STORM SEWER IMPROVEMENTS ALONG KANSAS AVENUE (AKA REV. RAYMOND SCOTT) FROM WEST 19TH STREET TO WEST THOMAS BOULEVARD AND AUTHORIZING THE RELEASE OF RETAINAGE IN THE AMOUNT OF $92,900.30. PRO). ORKANS, 141 -1201- 532.59 -00 WHEREAS, the City has received for the Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott) From West 19th Street to West Thomas Boulevard, the following: Engineer's Certificate of Completion, dated April 19, 2012, from Joe M. Wilson, Jr., P.E. (attached as Exhibit "A "), Contractor's Certificate and Release, dated April 23, 2012, from ALLCO, L.L.C. (attached as Exhibit "B "), and Contractor's Certificate of Guarantee, dated April 23, 2012, from ALLCO, L.L.C. (attached as Exhibit "C "), certifying that the project has been completed; and, WHEREAS, representatives from the Public Works Department have inspected the otherwise completed drainage improvements; 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 Storm Sewer Improvements Along Kansas Avenue (AKA Rev. Raymond Scott) From West 19th Street to West Thomas Boulevard, is hereby accepted, and release of the retainage in the amount of $92,900.30 is hereby authorized, funding being available in Project ORKANS, 141 - 1201- 532.59 -00; and, P.R. 17045 Page 2 THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2012 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: APPROVED AS TO FORM: / / /_I Sherri Bellard Valecia Tize / City Secretary City Attorney APPROVED FOR ADMINISTRATION: L - / Z4/■. John A. Comeaux, P.E. Ross E. Blac ketter, P.E. Acting City Manager Director of Public Works APPROVED AS TO AVAILABILITY OF FUNDS: diA0A.Ake94.-- Deborah Echols, CPA Director of Finance S: \engineer\ Documents \Resolutions \PR17045.docx EXHIBIT A ENGINEER'S CERTIFICATE OF COMPLETION Project: Storm Sewer System Improvements along Kansas Avenue (a.k.a. Rev. Raymond Scott) From West 19 Street to West Thomas Boulevard Date Of Issuance: Apri119, 2012 Owner(s): CITY OF PORT ARTHUR Owner's Project No.: CPA -510, Contract No. 1 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 4 -18 -2012 �,....,...N DATE OF COMPLETION r ..c 0 F Executed by Engineer on April 19, 2012 s * :'� • .. * i 9 JOE M. WILSON, JR. , 0 9 p -o. 92067 • c e ll' �� AI�aC -\ � ig ti - ."-- BY: ARCENEA• ATES CONSULTING ENGINEERS, INC. [SEAL] 1/1 EXHIBITB CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ALLCO, L.L.C. (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) REFERENCE CONTRACT NO. CPA - 510, CONTRACT NO. 1 ENTERED INTO THE 29 DAY OF MARCH, 2011, BETWEEN THE CITY OF PORT ARTHUR AND EXCAVATORS & CONSTRUCTORS, LTD. (Name of Contractor) OF PORT ARTHUR, TEXAS (City) (State) FOR THE: STORM SEWER IMPROVEMENTS ALONG KANSAS AVENUE (AKA REV RAYMOND SCOTT) FROM WEST 19 STREET TO WEST THOMAS BOULEVARD 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 Ninety Two Thousand Nine Hundred DOLLARS and Thirty CENTS ($ 92,900.30) 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. 1/2 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 1 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 SS 7EREOF, the undersigned has signed and sealed this instrument thie day of , 2012. (CO O E SEAL) I ALLCO, L.L.C. (Contractor) BY: „ / (Keit Burrell) 141 A.iw _�4...6.6.6L., i , being first duly sworn on oath, deposes and says, first, that (Keith Burr > fl r ° 1 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 ar true. I L (K dh Burrell) Subscribed and sworn to before me this day of , 2012. My commission expires QJaq 1 a ©l s • (Date) i 1 or-•z. ANABELLE D DRAKE ; i 11 •'`' Notary Public = 1� A...4.74-&-k i 1 , .'a STATE OF TEXAS 'i • _ __ " ` COMM. Minch 29, 2015 I" (Notary Public) _" _" 2/2 EXHIBIT C CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: ALLCO, L.L.C. (Name of Contractor) TO: CITY OF PORT ARTHUR REFERENCE CONTRACT NO. CPA -510, Contract No.1 ENTERED INTO THE 29 DAY OF March, 2011 BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, L.L.C. OF PORT ARTHUR, TEXAS (City) (State) FOR THE STORM SEWER IMPROVEMENTS ALONG KANSAS AVENUE (AKA REV. RAYMOND SCOTT) FROM WEST 19 STREET TO WEST THOMAS BOULEVARD to SERVE the CITY OF PORT ARTHUR, CPA -510, CONTRACT NO. 1. 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. rj IN ESS REOF, the undersigned has signed and sealed this instrument this day of , 2012. (CORPORATE SEAL) ALLCO, L.L.C. (Contractor) BY: Vice President (Kei Burrell 1/2 Keith Burrell, being first duly sworn on oath, deposes and says, first that he /she 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. (Keith Burrell r ` or, Subscribed and sworn to before me this G O day of _SAO.YLS , 2012. My commission expires: Et3 JcC,/'c 6 /5 (Date) / Sill _ �� f if . %�� : 1 . . ANABELLE 0 DRAKE (Notary Public) _�•* STATE OF TEXAS t`°' Comm. ,.. March 29, 2015 ' 1 ._ _ I 2/2 . CHAPTER EXAS•� DAVI -BACON ACT /LABOR STANDARDS Form 6 -9 Certificate of Construction Completion (SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT) Grantee: ALLCO, L.L.C. TDRA -DR Contract No: DRS010148 This is to certify that a final inspection of the project described below was conducted on the 25 day of October, 2011. Contract was entered into on the 29 day of March , 2011 between the city of Port Arthur / county of Jefferson and ALLCO, L.L.C. for the construction of STORM SYSTEM IMPROVEMENTS ALONG KANSAS AVENUE (AKA REV. RAYMOND SCOTT) FROM WEST 19 STREET TO WEST THOMAS BOULEVARD SERVE the CITY OF PORT ARTHUR. 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 $ , 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 $ 626,630.00 Cumulative Change Orders $ 92,900.30 Final Amount of Contract $659,125.00 Less Previous Payments $ 566,224.70 Less Deductions (from #2 above) $ 0.00 FINAL PAYMENT (Balance) $ 92,900.30 5. The Final Payment in the amount above is now due and payable. 4 - 1 .-ft*: _.........„......,... X / 4 ( AIIMP - .0 0. ...1/1 ..• , t.I.,1...11-• ././ /?c 04de- / Engine- on racto -64:1440-Execut Joe M. , ilso Jr., P.E.- Engineer Keith Burrell- Contractor Ross Blackketter, P.E. - Chief Exec. Officer Title IIP Title Title Vice President Vice- President Firm: ALLCO, L.L.C. City of Port Arthur / County of Firm: Arceneaux & Gates Jefferson Disaster Recovery Program Project Implementation Manual Page 42 of 44