HomeMy WebLinkAboutPR 18815: ENGINEER'S CERTIFICATE OF COMPLETION MEMORANDUM
CITY OF PORT ARTHUR
PUBLIC WORKS - ENGINEERING DIVISION
TO: John A. Comeaux, P.E., Interim City Manager
FROM: Susan Polka, P.E., Public Works Director/City Engineer
DATE: January 14, 2015 ./
RE: Proposed Resolution No. 18815
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18815 accepting
certain contract documents from Excavators and Constructors, LTD, for the 14th Street
Improvements, authorizing the City Manager to sign the Certificate of Acceptance for the
project, and making final payment to the Contractor.
BACKGROUND
On December 10, 2013, the City Council approved Resolution No. 13-600, authorizing a
contract with Excavators and Constructors, LTD, of Port Arthur, Texas, for the
installation of storm sewers and catch basins on 14th Street from 9th Avenue to
Woodworth Boulevard, in the total amount of $1,701,390.80. The City Council approved
change orders to the project increasing the final contract amount to $1,836,819.25.
Work on the project was completed on October 21, 2014. Excavators and Constructors,
LTD and Arceneaux Wilson & Cole LLC have submitted all necessary documents to close
the project out, including final payment of $91,840.96.
BUDGET/FISCAL EFFECT
Funding for this particular project is provided in GLO Round 2.1 Program Account No.
144-1201-532.59-00.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18815.
P.R. No. 18815
1/15/14 sjp
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 14TH STREET IMPROVEMENTS AND
AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF
THE CITY OF PORT ARTHUR, TEXAS, AND
APPROVAL OF FINAL PAYMENT TO THE
CONTRACTOR. GLO ROUND 2.1 ACCOUNT
NUMBER 144-1201-532.59-00.
WHEREAS, the City of Port Arthur has received for the 14th Street
Improvements an Engineer's Certificate of Completion dated January 8, 2015, from
Keestan Cole, P.E., of Arceneaux Wilson & Cole LLC (attached as Exhibit "A"); a
GLO — Disaster Recovery Program Certificate of Contruction Completion form
(attached as Exhibit `B"); a Contractor's Certificate and Release dated January 8, 2015,
from Excavators and Constructors, LTD (attached as Exhibit "C"); a Contractor's
Certificate of Guarantee dated January 8, 2015, from Excavators and Constructors, LTD
(attached as Exhibit "D") all certifying that the 14th Street Improvements have been
completed; and,
WHEREAS, Exhibit `B" shows a FINAL balance due to Excavators and
Constructors, LTD in the amount of$91,840.96; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
P.R. No. 1881.5
1/15/14 sjp
Page 2 of 3
THAT, the City Manager is hereby authorized to execute, on behalf of the City
of Port Arthur, a Certificate of Acceptance for Excavators and Constructors, LTD
Contractors for the 14th Street Improvements, attached as Exhibit"E"; and
THAT, the payment made to Excavators and Constructors. LTD in the amount
of$91,840.96 is approved; 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
2015 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
P.R. No. 18815
1/14/15 sjp
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
/0% ! _
wir
Sherri Bellard Valecia iz-no;
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E. Shawna Tubbs, CPPO, CPPB
Interim City Manager Purchasing Manager Po (6_. pe
Ssan Polka, .E.
Director of Public Works/City Engineer
APPROVED AS TO AVAILABILTIY OF FUNDS:
J
Deborah Echols
Director of Finance
Account No. 144-1201-532.59-00
EXHIBIT "A"
P.R. No. 18815
ENGINEER'S CERTIFICATE OF COMPLETION
Project: 14TH STREET DRAINAGE
Date Of Issuance: DECEMBER 30, 2014
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA-720, Contract No. 1
Engineer: ARCENEAUX WILSON & COLE LLC
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
OCTOBER 21, 2014
DATE OF COMPLETION
Executed by Engineer on J0.4 414 a,ry 6 , 2015 :7* '. °•'9�*�,�
KEESTAN X. COLE
4! O'. 114225 .:
1415 BY:
—ARCENEAUX WILSON & COLE LLC [SEAL]
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EXHIBIT "B"
P.R. No. 18815
DAVIS-BACON ACT/LABOR STANDARDS
%r„
■t.
Certificate of Construction Completion (Form 6-9) (Revised: 6/5/12)
(SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT)
Grantee: EXCAVATORS AND 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 21ST day of_
OCTOBER, 2014 .
Contract was entered into on the 25TH day of February,2014 between the city/ county of Port Arthur/
Jefferson and EXCAVATORS AND CONSTRUCTORS,LTD for the construction of 14th street Drainage
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 $1,701,390.80
Cumulative Change Orders $135,428.25
Final Amount of Contract $1,836,819.25
Less Previous Payments $1,744,978.29
Less Deductions (from #2 above) $0.00
FINAL PAYMENT(Balance) $91,840.96
5. The Final Payment in the amount above is now due and payable.
Ninety One Thousand Eight Hundred Forty Dollars and 96/100 Cents
6. Final Quantities:
Activity
Code Category Project Name Description Metric(Qtyj
P21110 Flood&Drainage 14th Street Improvements Improve the Storm Sewer System 4,250 L.F.
See Attachment 1 for assistance with completing the above table.
Certified b
Engineer C. 9'act. Chief Executive Officer
Vice President
Title Title Title
Arceneaux Wilson&Cole LLC EXCAVATORS AND CONSTRUCTORS,LTD
Firm Firm City/County of
GLO—Disaster Recovery Program Forms
Page 1of1
EXHIBIT "C"
P.R. No. 18815
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-720, CONTRACT NO. 1 ENTERED INTO THE 25th DAY
OF February, 2014, BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE: 14th Street Drainage 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
NINETY ONE THOUSAND EIGHT HUNDRED FORTY AND 96/100 DOLLARS ($91,840.96)
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 3, and 4 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
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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 U day
of . rv.vx,...4 , 201s .
(CORPORATE SEAL)
EXCAVATORS AND CONSTRUCTORS, LTD.
(Contractor)
BY: 0
�,,, (Signature an��1of•' er)
J ►' )c-k-m'\ , being first duly sworn on oath, deposes and says, first, that
I+ (Affiant)
he is the C/. 0I'I 6V of EXCAVATORS AND CONSTRUCTORS, LTD.
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as 00-0A/
(Title)
of EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this g day of , 20/
My commission expires /I - (-1/ - c /g .
(Date)
re;; 'e;: MELANIE A.THERIOT c-t-e.--. /
:' NOTARY PUBLIC Notary Public)
;'••~ •;r.•' State of Texas
'..5.z.:;", i Comm.Exp.11.04-2018
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EXHIBIT "D"
P.R. No. 18815
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA-720 ENTERED INTO THE 25th DAY OF February, 2014 BETWEEN
THE CITY OF PORT ARTHUR AND EXCAVATORS AND CONSTRUCTORS, LTD.
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE 14th Street Drainage, CPA-720, 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 day
of at✓ tp.A 1 , 2015 .
(CORPORATE SEAL) EXCAVATORS AND CONSTRUCTORS, LTD.
(Contractor)
BY: .._. •��
(SIGNATUR, TIT 0 • FILER)
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i `{ , being first duly sworn on oath,deposes and says, first that
( iant)
he is the OLOIvi,i' of EXCAVATORS AND CONSTRUCTORS, LTD.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as 0.A/U¢V
(Title)
of EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
y1
(giant)
Subscribed and sworn to before me this O day of � ,20/5
My commission expires: 2Q/e
(Date)
• MELANIE A.THERIOT (Notary Public)
*1,1 NOTARY PUBLIC
''�'• State of e as
.
1 .• Comm.Exp.1-04-2018
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EXHIBIT "E"
P.R. No. 18815
CERTIFICATE OF ACCEPTANCE
FOR
COMPLETION OF 14TH STREET IMPROVEMENTS
IN THE CITY OF PORT ARTHUR, TEXAS
TO: Excavators and Constructors, LTD
This is to certify that the City of Port Arthur, Texas, accepts the completion
of the 14th Street Improvements on the basis of the Engineer's Certificate of
Completion from Arceneaux Wilson & Cole LLC, the Contractor's
Certificate and Release and Contractor's Certificate of Guarantee from
Excavators and Constructors, LTD.
John A. Comeaux, P.E.
Interim City Manager
ATTEST:
Sherri Bellard, City Secretary