HomeMy WebLinkAboutPR 18387: ENGINEER'S CERTIFICATE OF COMPLETION, EXCAVATORS & CONSTRUCTORS, LTD MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: John A. Comeaux P.E., Interim City Manager
FROM: John A. Tomplait, Assistant Director of Utility Operations p.„
DATE: June 16, 2014
RE: Proposed Resolution No. 18387
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18387 authorizing
the acceptance of the Engineer's Certificate of Completion, Contractor's Certificate of
Guarantee, and the Contractor's Certificate and Release for the Highway 87 Water
Transmission Line Project with Excavators & Constructors, LTD., of Port Arthur,
Texas and, authorizing final payment in the amount of $212,805.21. The project is
100% complete with the current scheduled completion date of June 14, 2014.
BACKGROUND
This project was for the Highway 87 water line project approved in Resolution No. 13-
294. A Hurricane Recovery Grant administered by the Texas General Land Office is
funding this project. At this time the project is substantially complete based on the
contract.
BUDGET/FISCAL EFFECT
This project is funded through the GLO Project No. I21SPW, Account No. 144-1201-
532.59-00.
SUMMARY
I recommend that the City Council approve Proposed Resolution No.18387.
P.R.No. 18387
06/16/14 jt
RESOLUTION NO.
A RESOLUTION ACCEPTING THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S
CERTIFICATE OF GUARANTEE, THE
CONTRACTOR'S CERTIFICATE AND RELEASE, AND
THE FINAL PAYMENT IN THE AMOUNT OF
$212,805.21 BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATORS & CONSTRUCTORS, LTD. FOR
THE HIGHWAY 87 WATER TRANSMISSION LINE
PROJECT, PROJECT NO I21SPW, 144-1201-532.59-00.
WHEREAS, per Resolution No. 13-294, the City entered into a contract for the
installation of a water transmission line along Highway 87 South with Excavators &
Constructors, Ltd. for the contract amount of$2,318,702.50; and,
WHEREAS, per Resolution No. 13-400, the City Council authorized Change Order No.
1 between the City and Excavators& Constructors, Ltd. and Change Order No. 1 with the GLO
for the Hwy 87 water transmission line tracer wire system increasing the contract amount by
$64,286.50 to a new total of$2,382,989; and,
WHEREAS, per Resolution No. 14-043, the City Council authorized Change Order No.
2 between the City and Excavators & Constructors, Ltd. and Change Order No. 2 with the GLO,
which the Texas Department of Transportation had requested six (6) fire hydrants be replaced
with underground blow-off hydrants for the installation of a water transmission line along
Highway 87 South increasing the contract amount by $23,760.00 to a new total of
$2,406,749.00, increasing the contract time by twelve(12)days to a total of 282 days; and,
WHEREAS, per Resolution No. 14-153, the City Council authorized Change Order No.
3 between the City and Excavators & Constructors, Ltd and Change Order No. 3 with the GLO
for a seventeen(17)day time extension increasing the term to 299 days;and,
WHEREAS,per Resolution No. 14-249 the City Council authorized Change Order No. 4
between the City and Excavators& Constructors, Ltd. and Change Order No. 4 with the GLO
in the amount of$102,389.63 to a new total of$2,509,183.63, for delivery of materials on hand,
P.R.No. 18387
06/16/14 jt
Page 2 of 4
change in assembled pipe and fittings for tie-in to existing line at Keith Lake,rental and
operation of truck mounted safety attenuator required by the Texas Department of
Transportation, final grading, seeding and removal of one air release valve required after final
inspection,and extra 10 LF of HDPE pipe required to go under existing sheet pile wall on the
directional drill under Keith Lake cut; and
WHEREAS,per Proposed Resolution No. 18387,Arceneaux& Gates Consulting
Engineers, has requested Change Order No.5 in the decreased amount of$222,472.40, to a new
total of$2,286,666.23 to adjust the final bid item quantities to reflect the actual amount installed
during the project and to pay the contractor for materials purchased that were not used and
delivered to the City due to the change in the tie-in at Keith Lake, the change order has been
evaluated by Arceneaux & Gates Consulting Engineers, and the Utility Operations Department;
and,
WHEREAS,the work on this project is complete, a Final Inspection has been conducted,
and Arceneaux & Gates Consulting Engineers, Inc. has issued an Engineer's Certificate of
Completion dated May 16, 2014 (attached as Exhibit "A"), and recommends acceptance by the
City; and
WHEREAS, the contractor has executed a Contractor's Certificate of Guarantee
(attached as Exhibit "B"), a Contractor's Certificate and Release requesting final payment in the
amount of $212,805.21 (attached as Exhibit "C"), and the GLO Certificate of Construction
Completion(attached as Exhibit"D").
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT,the City Council hereby acknowledges the acceptance of the Engineer's
P.R.No. 18387
06/16/14 jt
Page 3 of 4
Certificate of Completion for the Highway 87 Waterline Project with Excavators& Constructors,
Ltd., in the total amount of$212,805.21, a contract term of 299 days, with a contract completion
date of May 14, 2014; and
THAT,the City Council of the City of Port Arthur hereby authorizes the City Manager to
issue a Certificate of Acceptance for the project(attached as Exhibit"D")and authorizes final
payment in the amount of$212,805.21 to Excavators& Constructors,Ltd.,for the Highway
87 Waterline Project; and
THAT, the Acceptance by the CONTRACTOR of final payment shall be and shall
operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all
things done or furnished in connection with this work and for every act and neglect of the
OWNER and others relating to or arising out of this work. No payment, however, fmal or
otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations
under this Contract or the Performance and Payment Bonds; 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 , 2014
at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following
votes:
AYES: Mayor
Councilmembers:
NOES:
Deloris Prince
Mayor
•
P.R. No. 18387
06/16/14 jt
Page 4 of 4
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia T •en
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E. Shawna Tubbs, CPPB
Interim City Manager Purchasing Manager
ohn • . Tompl it
Ass'.tant Director of Utility Operations
APPROVED AS TO AVAILABILITY OF FUNDS:
A.164,-C.-424
Deborah Echols, CPA
Director of Finance
Account No.: 144-1201-532.59-00
Project No.: I21SPW
Exhibit "A"
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: HIGHWAY 87 WATERLINE
Date Of Issuance: June 3, 2014
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA-700, Contract No. 1
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Contractor: EXCAVATORS AND CONSTRUCTORS, LTD.
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 EXCAVATORS AND CONSTRUCTORS, LTD.
[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
MAY 16, 2014
DATE OF COMPLETION
�,�ti�tititltltt
Executed by Engineer on JUNE 3 ,2014 *�'� OF relit
*1r
�.,• KEESTAN X. COLE
✓j�ti 114225 1 0
BY:
ARCENEAUX 8 GATES CONSULTING ENGINEERS, INC. [SEAL]
1/1
Exhibit "B"
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA-700 ENTERED INTO THE 17th DAY OF JULY, 2013 BETWEEN THE
CITY OF PORT ARTHUR AND EXCAVATORS AND CONSTRUCTORS, LTD.
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE HIGHWAY 87 WATERLINE, CPA-700, CONTRACT NO. 1
LOCATED IN THE CITY OF PORT ARTHUR,TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. EXCAVATORS AND CONSTRUCTORS, LTD. 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
EXCAVATORS AND CONSTRUCTORS, LTD. 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 il4 h day
of iL1141; ,2014.
(CORPORATE SEAL) EXCAVATORS AND CONSTRUCTORS. LTD.
(Contractor)
BY: „.1jk
(SIGNATUR IT OF OFF ER) 6j`7.4/ Lr- —
1/2
!, ,being first duly sworn on oath,deposes and says,first that
cant)
he is the 6 EktE A. h 2iAlcRiof EXCAVATORS AND CONSTRUCTORS, LTD.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as 6 E N.E R A L r "strA .o,F.�
(Title)
of EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
( iant)
Subscribed and sworn to before me this 124h day of U OE- t1'zo)c
"er,!k MARILYN HAYDEN FEVERJEIIN
�`� �' Public,State of Texas
!__N�My Co ua iyStO Expires
F t 2015
My commission expires:
(Date)
(Notary Public)
2/2
Exhibit "C"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-700, CONTRACT NO. 1 ENTERED INTO THE 17th DAY
OF JULY, 2013,BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE: HIGHWAY 87 WATERLINE 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
TWO HUNDRED TWELVE THOUSAND EIGHT HUNDRED FIVE AND 21/100 DOLLARS ($212,805.21)
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 12 and 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
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 12,-tT day
of J U►'l:e ,2014.
(CORPORATE SEAL)
EXCAVATORS AND CONSTRUCTORS, LTD.
(Contractor)
/ /`/
BY: i
(Sign d T a of•• ce G'E(,ERAL`--ppyi-e'f11F,3Z—
• % t_ to L , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the 6 614 orzAiciliEr4 r z-- of EXCAVATORS AND CONSTRUCTORS, LTD.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as 601€ fig —
(Title)
of EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
..1"\101/4 rb‘c00n
(Affiant)
Subscribed and sworn to before me this 1�h day of J U o q..,- ,2014.
My commission expires .
dt!.,tsfi MARILYN HAYDEN FEVERJEAN
o,�,AY Py�li
_',+'`.... ;°i Notary Public,State of Texas
4;0%1 == My Commission Expires
';,;�* February 06, 2015
akt- 1'i/./4/■■i I I I r /
otary Public)
2/2
Exhibit "D"
(GLO-Certificate of Construction Completion)
Ax‘ DAVIS-BACON ACT LABOR STANDARDS
r 1,
x
r : m
Certificate of Construction Completion (Form 6-9) (Revised: 6/5/12)
(SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT)
Grantee: EXCAVATORS&CONSTRUCTORS,LTD. Land Office-DR Contract No: DRS210148
This is to certify that a final inspection of the project described below was conducted on the 16 day of_
May 2014 .
Contract was entered into on the 17th day of .duly,2013 between the city/county of Port Arthur
Jefferson County and Excavators and Constructors,Lro.for the construction of Highway 87 Water Line
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 $ 2,318,702.50
Cumulative Change Orders $ (32,036.27)
Final Amount of Contract $ 2,286,666.23
Less Previous Payments $ 2,073,861.02
Less Deductions (from #2 above) $ 0.00
FINAL PAYMENT (Balance) $ 212,805.21
5. The Final Payment in the amount above is now due and payable.
Two Hundred Twelve Thousand Eight Hundred Five Dollars and Twenty-One Cents
6. Final Quantities:
Activity
Code Category _ Project Name Description Metric(Qty)
P21388 Sabine Pass Water Highway 87 Water Line conaoa,Doane,the water tranernlsslonllneehatl take Place 19,095 Linear Foot
along SH 87 horn the Intracoastal Canal to Kean Lake.
See Attachment 1 for assistance with completing the above table.
Certifie. .y: .
Engineer CoActo Chief Executive Officer
PROJECT MANAGER G ERAL PARTNER
Title Title Title
ARCENEAUX&GATES EXCAVATORS&CONSTRUCTORS,LTD.
Firm Firm City/ County of
GLO — Disaster Recovery Program Forms
Page 1 of 1
DAVIS-BACON ACT/LABOR STANDARDS
c *,
*'
o1
Certificate of Construction Completion (Form 6-9) (Revised: 6/5/12)
(SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT)
Grantee: EXCAVATORS&CONSTRUCTORS,LTD. Land Office-DR Contract No: DRS210148
This is to certify that a final inspection of the project described below was conducted on the 16 day of_
May 2014
Contract was entered into on the 17th day of_,duly,2013 between the city/ county of Port Arthur
Jefferson County and Excavators and Constructors,LTD for the construction of Highway 87 Water Line
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 $ 2,318,702.50
Cumulative Change Orders $ (32,036.27)
Final Amount of Contract $ 2,286,666.23
Less Previous Payments $ 2,073,861.02
Less Deductions (from #2 above) $ 0.00
FINAL PAYMENT (Balance) $ 212,805.21
5. The Final Payment in the amount above is now due and payable.
Two Hundred Twelve Thousand Eight Hundred Five Dollars and Twenty-One Cents
6. Final Quantities:
Activity
Code Category Project Name Description Metric(Qty)
P21388 Sabine Pass Water Highway 87 Water Line Constmo toner the water tranamlasimine shall take Mace 19,095 Linear Foot
along SH 87 from the Intracoastal Canal to Keen Lake.
See Attachment 1 for assistance with completing the above table.
Certifie by:
2j;
Engineer C. c Chief Executive Officer
PROJECT MANAGER ERAL PARTNER
Title Title Title
ARCENEAUX&GATES EXCAVATORS&CONSTRUCTORS,LTD.
Firm Firm City/ County of
GLO—Disaster Recovery Program Forms
Page 1 of 1
Exhibit "E"
(Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE
FOR
THE HIGHWAY 87 WATERLINE PROJECT
IN THE
CITY OF PORT ARTHUR
TO: Excavators and Constructors, Ltd.
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the Highway 87 Waterline
Project on the basis of the Engineer's Certificate of Completion by Keeston Cole., P.E.,
of Arceneaux & Gates Consulting Engineers, the Contractor's Certificate of Guarantee,
and the Contractor's Certificate and Release, executed by Jay Braxton, General
Partner, of Excavators and Constructors, Ltd.
John A. Comeaux, P.E.
City Manager
ATTEST:
Sherri Bellard
City Secretary