HomeMy WebLinkAboutPR 18370: PLACO LTD CONTRACT COMPLETION DOCUMENTS MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: John A. Comeaux, P.E., Interim City Manager
FROM: John Tomplait, Assistant Director of Utility Operatiortr-
DATE: July 09, 2014
RE: Proposed Resolution No. 18370
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18370 authorizing
the acceptance of the Engineer's Certificate of Completion, Contractor's Certificate of
Guarantee, and the Contractor's Certificate and Release for the Sabine Pass Metering
Facility with Placo, Ltd., of Lumberton, Texas and, authorizing final payment in the
amount of $6,012.44. The project is 100% complete with the scheduled completion date
of May 8, 2014.
BACKGROUND
This project was to construct a metering station adjacent to the Sabine Pass Standpipe.
This is required to accurately meter consumption from the Sabine Pass side to the
Sabine Pass Liquefaction/Cheniere LNG facility. The project included two large City-
owned meters and the required backflow prevention devices.
BUDGET/FISCAL EFFECT
This project was funded by Sabine Pass Liquefaction Purchase Order No. 16435,
charged through a City Account No. 429-1258-532.59-00, Project No. WSI001.
SUMMARY
I recommend that the City Council approve Proposed Resolution No.18370.
P. R. No. 18370
07/09/14 jt
Page 1 of 4
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 $6,012.44
FOR THE SABINE PASS METERING FACILITY WITH
PLACO, LTD OF LUMBERTON, TEXAS. ACCOUNT
NO. 429-1258-532.59-00,PROJECT NO.WSI001.
WHEREAS, per Resolution No. 13-493, the City entered into a contract for the
installation of a Metering Facility to meter potable water from Sabine Pass to the Sabine Pass
Liquefaction LNG facility in the amount of$115,000.00 with a contract term of ninety(90) days;
and
WHEREAS, per Resolution No. 14-154, an additional 22 days was requested by Placo,
Ltd., to complete the additional work specified in their contract for the Sabine Pass Metering
Facility with a contract term of 112 days; and
WHEREAS, per Resolution No. 14-203, an additional 11 days was requested by Placo,
Ltd., to complete the additional work specified in their contract for the Sabine Pass Metering
Facility with a new completion date of May 08, 2014; and
WHEREAS, per Resolution No. 14-209, an additional $5,248.83 was needed for coating
of the existing pipe and re-route of the electrical wiring to the existing electrical service at the
Sabine Pass Standpipe, bringing the new contract price for the project to $120,248.83 requested
by Placo, Ltd.,to work specified in their contract for the Sabine Pass Metering Facility; and
WHEREAS, per Resolution No. 14-240 the Engineer's Certificate of Substantial
Completion date of May 6, 2014 applies to all work under the contract documents or to the
following specified parts thereof,between the City of Port Arthur and Placo, LTD; 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
P.R. No. 18370
07/09/14 jt
Page 2 of 4
Certificate of Completion dated May 19, 2014 (attached as Exhibit "A"), and recommends
acceptance and final payment by the City; and
WHEREAS, the contractor has executed a Contractor's Certificate of Guarantee
(attached as Exhibit `B") and a Contractor's Certificate and Release (attached as Exhibit "C");
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
Certificate of Completion for the Sabine Pass Metering Facility with Placo, Ltd., in the total
amount of$120,248.83, a contract term of 123 days, with a contract completion date of May 8,
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$6,012.44 to Placo,Ltd., for the Sabine Pass Metering Facility; 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, final 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.
P. R. No. 18370
07/09/14 jt
Page 3 of 4
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
vote:
AYES: Mayor ;
Councilmembers:
NOES:
Debris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
4r-ii /
Sherri Bellard Valecia Tizeno )
City Secretary City Attorney
P. R.No. 18370
07/09/14 jt
Page 4 of 4
APPROVED FOR ADMINISTRATION:
( i
l� k : ((,
John A. Comeaux P.E. Shawna Tubbs, CPPB
Interim City Manager Purchasing Manager
)
(John'A. Tomp ait
LAss. t Director of Utility Operations
APPROVED AS TO AVAILABILITY OF
FUNDS:
De orah Echols
Director of Finance
Account No.: 429-1258-532.59-00
Project No.: WSI001
Exhibit "A"
(Engineer's Certificate of Completion)
ENGINEER'S CERTIFICATE OF COMPLETION
Project: SABINE PASS METERING FACILITY
Date Of Issuance: June 26, 2014
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA-890, Contract No. 1
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Contractor: PLACO, 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 PLACO, 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 19,2014
DATE OF COMPLETION
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ARCENEAUX & GATES CONSULTING ENGINEERS, INC. [SEAL]
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Exhibit "B"
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: PLACO, LTD
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA-890, Contract No.1 ENTERED INTO THE 15th DAY OF November,
2013 BETWEEN THE CITY OF PORT ARTHUR AND PLACO, LTD.
OF LUMBERTON, TEXAS
(City) (State)
FOR THE SABINE PASS METERING FACILITY to SERVE the CITY OF PORT ARTHUR, CPA-890,
CONTRACT NO. 1
LOCATED IN THE CITY OF PORT ARTHUR,TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1. PLACO, 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
PLACO, 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 2 n d day
of July ,2014.
(CORPORATE SEAL) PLACO, LTD
(Contractor)John R . P ake , III Owner
BY:
(SIG ATURE AND TITLE OF OFFICER)
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John R . Plake , III , being first duly sworn on oath,deposes and says,first that
(Affiant)
he is the Owner of PLACO, LTD
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as Owner
(Title)
of PLACO, LTD
(Name of Company)
Affiant further states that the matters and things stated herein are true.
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(Affiant) Johh R. Plake , III Owner
Subscribed and sworn to before me this 2nd day of July ,2014.
My commission expires: 04/03/2018
(Date)
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Exhibit "C"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: PLACO, LTD
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-890, CONTRACT NO. 1 ENTERED INTO THE 15th DAY
OF NOVEMBER, 2013,BETWEEN THE CITY OF PORT ARTHUR
AND PLACO, LTD
(Name of Contractor)
OF LUMBERTON, TEXAS
(City) (State)
FOR THE: SABINE PASS METERING FACILITY TO SERVE THE CITY OF PORT ARTHUR,
CPA-890, CONTRACT NO. 1
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 TWELVE and 44/100 DOLLARS ($6,012.44)
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 and 3 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 2nd day
of July ,2014.
(CORPORATE SEAL)
PLACO, LTD
(Contractor)
BY: .1),„
(Signature aq4,
f Officer)
ohn R . Plake , III Owner
John R . Plake , III , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the Owner of PLACO, LTD
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as Owner
(Title)
of PLACO, LTD
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Jo n R . Plake , III
Subscribed and sworn to before me this 2nd day of July 2014.
My commission expires 0 4/0 3/2 018
(Date)
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Exhibit "D"
(Certificate of Acceptance)
CERTIFICATE OF ACCEPTANCE
FOR
THE SABINE PASS METERING FACILITY
IN THE
CITY OF PORT ARTHUR
TO: Placo, Ltd.
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the SABINE PASS
METERING FACILITY 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
John R. Plake III, Owner, of Placo, Ltd.
John A. Comeaux, P.E.
Interim City Manager
ATTEST:
Sherri Bellard
City Secretary