HomeMy WebLinkAboutPR 18816: ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION MEMORANDUM
CITY OF PORT ARTHUR
PUBLIC WORKS - ENGINEERING DIVISION
TO: Brian McDougal, City Manager
FROM: Susan Polka, P.E., Public Works Director/City Engineer
DATE: February 10, 2015
RE: Proposed Resolution No. 18816
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18816 accepting
certain contract documents from BDS Constructors, LLC, dba MK Constructors, for the
66-inch storm sewer repairs on Shreveport Avenue between Procter Street and 5th
Street, authorizing the City Manager to sign the Certificate of Acceptance for the project,
and making final payment to the Contractor.
BACKGROUND
On April 29, 2014, the City Council approved Resolution No. 14-395, authorizing a
contract with BDS Constructors, LLC, dba MK Constructors, of Vidor, Texas, for the
repair of the 66-inch reinforced concrete storm sewer in Shreveport Avenue, in the total
amount of $167,419.00. Work on the project was complete on January 26, 2015. BDS
Constructors, LLC, dba MK Constructors and Soutex Surveyors & Engineers have
submitted all necessary documents to close the project out, including final payment of
$146,118.80. The final payment is less than the original contract amount due to savings
realized during construction of the project.
BUDGET/FISCAL EFFECT
Funding for this particular project is provided in Capital Project No. GO-805, Account
Number 301-1601-591.84-00.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18816.
P.R. No. 18816
2/11/15 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 66-INCH STORM SEWER REPAIRS ON
SHREVEPORT AVENUE AND AUTHORIZING THE
CITY MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS, AND TO MAKE FINAL PAYMENT
TO THE CONTRACTOR. CAPITAL PROJECT NO.
GO-805, ACCOUNT NO. 301-1601-591.84-00.
WHEREAS, the City of Port Arthur has received for the 66-inch storm sewer
repairs on Shreveport Avenue an Engineer's Certificate of Completion dated January
26, 2015, from Stanley G. Newsome, P.E., of Soutex Surveyors & Engineers (attached
as Exhibit "A"); a Contractor's Certificate and Release dated February 2, 2015, from
BDS Constructors, LLC, dba MK Constructors (attached as Exhibit "B"); a
Contractor's Certificate of Guarantee dated February 2, 2015, from Excavators and
Constructors, LTD (attached as Exhibit "C") all certifying that the 66-inch storm sewer
repairs on Shreveport Avenue have been completed; and,
WHEREAS, Exhibit "C" shows a FINAL balance due to BDS Constructor,
LLC, dba MK Constructors in the amount of$146,118.80; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
P.R. No. 18816
2/11/15 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 BDS Constructors, LLC, dba MK
Constructors for the 66-inch storm sewer repairs on Shreveport Avenue, attached as
Exhibit"D"; and
THAT, payment shall be made to BDS Constructors, LLC, dba MK
Constructors in the amount of$146,118.80; 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. 18816
2/11/15 sjp
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
GVH
:144D
Sherri Bellard Valecia Tize
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
LLABrian McDougal Shawna Tubbs, CPPO, CPPB
City Manager Purchasing Manager
�w - o t E.
`--Stisan Polka, .E.
Director of Public Works/City Engineer
ineer
APPROVED AS TO AVAILABILTIY OF FUNDS:
de/A44dr-reitVg'
Deborah Echols
Director of Finance
Capital Project No. GO-805,Account No. 301-1601-591.84-00
EXHIBIT "A"
P.R. No. 18816
ENGINEER'S CERTIFICATE OF COMPLETION
Project: REPAIR OF 66" DIAMETER STORM SEWER ON SHREVEPORT
AVENUE BETWEEN PROCTER STREET AND 5TH STREET
Date of Issuance: JANUARY 26, 2015
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.:
Engineer: SOUTEX SURVEYORS &ENGINEERS
Contractor: BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
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 BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(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
JANUARY 26,2015
DATE OF SUBSTANTIAL COMPLETION
Executed by Engineer on / 2' , 2015 •1 •
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EXHIBIT "B"
P.R. No. 18816
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 13-0646 ENTERED INTO THE 2nd
DAY OF SEPTEMBER 2014, BETWEEN THE CITY OF PORT ARTHUR
AND BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(NAME OF CONTRACTOR)
OF VIDOR, TEXAS
(CITY) (STATE)
FOR: REPAIR OF 66" DIAMETER STORM SEWER ON SHREVEPORT AVENUE
BETWEEN PROCTER STREET AND 5TH STREET
(NAME OF PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. BDS CONSTRUCTORS, LLC, dba MK CONSTRUCTORS 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 with the final payment under the contract
between the Owner and BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS 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.
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IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
day of `4,Qfyi,i_a , 20/.S.
(CORPORATE SEAL)
BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(CONTRACTOR)
BYI L-- th
(MICHAEL BROWN,VICE PRESIDENT)
MICHAEL BROWN ,being first duly sworn on oath,deposes and says,first,that he is the
(MICHAEL BROWN)
VICE-PRESIDENT of BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(VICE-PRESIDENT) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as VICE-PRESIDENT
(VICE-PRESIDENT)
of BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein are true.
(MICHAEL BROWN)
Subscribed and sworn to before me this td'day of�_P .0_4y , 20/5— .
My commission expires S tA42,. ,� o2D/7
U (DATE)
...
" °
CONNIE SEAL
R STATE aOF TEXAS
Poly Comm.Exp.June 22,21117 (NOTARY PUBLIC)
1 ..
2
EXHIBIT "C"
P.R. No. 18816
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. SOUTEX 13-0646 ENTERED INTO THE 2nd
DAY OF SEPTEMER, 2014 BETWEEN THE CITY OF PORT ARTHUR
AND BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(NAME OF CONTRACTOR)
OF VIDOR, TEXAS
(CITY) (STATE)
REPAIR OF 66" DIAMETER STORM SEWER ON SHREVEPORT AVENUE
FOR THE BETWEEN PROCTER STREET AND 5TH STREET
(NAME OF PROJECT)
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
$146,118.80
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) None
(b) None
(c) None
(d) None
(ITEMIZE CLAIMS AND AMONTS 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 ONE , 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,&&'day
of-�-120/5-
(SEAL)
BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(CONTRACTOR)
B L
(VICE,PRESIDENT)
MICHAEL BROWN ,being first duly sworn on oath,deposes and says,first,that he is the
(MICHAEL BROWN)
VICE-PRESIDENT of BDS CONSTRUCTORS,LLC dba MK CONSTRUCTORS
(VICE-PRESIDENT) (NAME OF COMPANY)
second,that he has read the foregoing certificate by him subscribed as VICE-PRESIDENT
(VICE-PRESIDENT)
of BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
(NAME OF COMPANY)
Affiant further states that the matters and things stated herein are true.
(MICHAEL BROWN` -
Subscribed and sworn to before me this ,nd day of d1Si'1iI/).e 20 LI.
My commission expires c�Yr � 020/7
(DATE)
."ce aCONNIIE SEAL
•7 ° STATE OF OF ry TEXAS . �i'iY1Lt-
;+ E+<- My Comm.Exp.June 22,2017 (NOTARY PUBLIC)
2
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EXHIBIT "D"
P.R. No. 18816
CERTIFICATE OF ACCEPTANCE
FOR
Repair of 66" Diameter Storm Sewer on Shreveport Avenue
Between Procter Street and 5th Street
IN THE
CITY OF PORT ARTHUR
TO: BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
This is to certify that the City of Port Arthur, Texas, accepts the completion of the Repair
of Repair of 66" Diameter Storm Sewer on Shreveport Avenue Between Procter Street
and 5th Street, on the basis of the Engineer's Certificate of Completion as executed by
Stanley G. Newsome, Jr., P.E.; and the Contractor's Certificate of Guarantee and
Contractor's Certificate and Release, both executed by BDS Constructors, LLC dba MK
Constructors.
Brian McDougal,
City Manager
ATTEST:
Sherri Bellard
City Secretary
1/1
CERTIFICATE OF ACCEPTANCE
FOR
Repair of 66" Diameter Storm Sewer on Shreveport Avenue
Between Procter Street and 5th Street
IN THE
CITY OF PORT ARTHUR
TO: BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
This is to certify that the City of Port Arthur, Texas, accepts the completion of the Repair
of Repair of 66" Diameter Storm Sewer on Shreveport Avenue Between Procter Street
and 5th Street, on the basis of the Engineer's Certificate of Completion as executed by
Stanley G. Newsome, Jr., P.E.; and the Contractor's Certificate of Guarantee and
Contractor's Certificate and Release, both executed by BDS Constructors, LLC dba MK
Constructors.
Brian McDougal,
City Manager
ATTEST:
Sherri Bellard
City Secretary
1/1
CERTIFICATE OF ACCEPTANCE
FOR
Repair of 66" Diameter Storm Sewer on Shreveport Avenue
Between Procter Street and 5th Street
IN THE
CITY OF PORT ARTHUR
TO: BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS
This is to certify that the City of Port Arthur, Texas, accepts the completion of the Repair
of Repair of 66" Diameter Storm Sewer on Shreveport Avenue Between Procter Street
and 5th Street, on the basis of the Engineer's Certificate of Completion as executed by
Stanley G. Newsome, Jr., P.E.; and the Contractor's Certificate of Guarantee and
Contractor's Certificate and Release, both executed by BDS Constructors, LLC dba MK
Constructors.
Brian McDougal,
City Manager
ATTEST:
Sherri Bellard
City Secretary
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