HomeMy WebLinkAboutPR 19112: ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE OF GUARANTEE, FINAL PAYMENT FOR THE GULF GROUND STORAGE TANK WITH BDS CONSTRUCTORS, LLC DBA MK CONSTRUCTORS P.R.No. 19112
08/25/14 cs
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0 City of ei,�
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INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION
TO: Brian McDougal, City Manager
FROM: Jimmie Johnson, PhD. Director of Utility Operations
DATE: August 25, 2015
RE: Proposed Resolution No. 19112
Nature of the Request:
A Hurricane Recovery Grant administered by the Texas General Land Office funded the
majority of this project to replace one Ground Storage Tank and construct a second Ground
Storage Tank & Pump Station at our existing Gulf GST & Pump Station facility on South
Gulfway Drive near the Gulf Copper docks. Sabine Pass Liquefaction funded a portion of this
project (about 10%) that was necessary to increase capacity to serve their LNG facility. This
project was a major milestone in improving the reliability and capabilities of the public water
system serving the Sabine Pass area. It will increase pumping and storage capacity, and provide
for an emergency generator to keep water flowing during power outages.
StaffAnalysis, Considerations:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 19112 authorizing the
acceptance of the Engineer's Certificate of Completion, Contractor's Certificate of Guarantee,
and the Contractor's Certificate and Release for the Gulf Ground Storage Tank with BDS
Constructors LLC dba MK Constructors, of Vidor, Texas, and authorizing final payment in the
amount of$99,972.68. The project is 100%completed.
Budget Considerations:
This project is funded through the GLO Project no. I21SPW, 144-1201-532.59-00
P.R.No. 19112
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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 $99,972.68
FOR THE GULF GROUND STORAGE TANK WITH BDS
CONSTRUCTORS, LLC DBA MK CONSTRUCTORS OF
VIDOR, TEXAS, ACCOUNT NO. 144-1201-532.59-00, GLO
PROJECT NO. I21SPW
WHEREAS, pursuant to Resolution No. 13-340, the City entered into a contract with
BDS Constructors, LLC dba MK Constructors for the Gulf Storage Tanks Project; and,
WHEREAS, the Hurricane Recovery Grant administered by the Texas General Land
Office (GLO) funded the majority of this project for the construction of the Gulf Ground Storage
Tanks Project on Highway 87 South; and,
WHEREAS,the work on this project is complete, a Final Inspection has been conducted;
and,
WHEREAS, Arceneaux Wilson & Cole, LLC, of Port Arthur, Texas has issued an
Engineer's Certificate of Substantial Completion dated May 26, 2015, that all work under the
contract documents is completed and recommends acceptance and final payment by the City to
MK Constructors (attached as Exhibit"A"); and,
WHEREAS, the GLO-Disaster Recovery Program has issued a Certificate of
Construction Completion (attached as Exhibit "B"), for final payment of the construction of the
Gulf Ground Storage Tanks Project on Highway 87 South; and,
WHEREAS, the contractor has executed a Contractor's Certificate of Guarantee
(attached as Exhibit "C") and a Contractor's Certificate and Release (attached as Exhibit "D");
now, therefore; NOW THEREFORE,
P.R.No. 19112
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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 Gulf Ground Storage Tank with MK Constructors; 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 "E") and authorizes final
payment in the amount of$99,972.68 to MK Constructors, for the Gulf Ground Storage Tank;
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.
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:
P.R.No. 19112
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NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AfS TO FORM:
vl�
Sherri Bellard Valecia Tize
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Bri. cDou:.
400 ait-0
Jimmie Johnson, PhD.
Director of Utility Operations
Clifton Williams
Acting Purchasing Manager
APPROVED AS TO AVAILABILITY OF
FUNDS:
/ ie , Cempieike
Jerry Dale
Interim Director of Finance
Account No. 144-1201-532.59-00; Project 121 SPW
P.R.No. 19112
08/25/14 cs
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Exhibit "A"
(Engineer's Certificate of Completion)
/ ARCENEAUX WILSON & COLE LLC
Arceneaux Wilson & Cole
AWCEngineering • Surveying • Planning
May 26,2015
Dr. Jimmie Johnson
Director of Water Utilities
CITY OF PORT ARTHUR
444 Fourth Street
Port Arthur,Texas 77641
RE: RECOMMENDATION for FINAL PAYMENT and RELEASE of RETAINAGE
Gulf Storage Tanks
AWC Job No. CPA-800
Dr. Johnson:
Attached for your records are the project completion documents for the Gulf Storage Tanks
Project. These documents include the Engineer's Certificate of Completion, Contractor's
Certificate of Guarantee and the Contractor's Certificate of Release.
These documents were executed showing a balance due the Contractor from the City. This
balance is the retainage withheld from the monthly estimates as well as any payments due from
completion of work. As stipulated in the contract documents the retainage for this project is five
percent (5%) of the work completed and billed. It is our recommendation that the retainage held
by the City be released to the Contractor and final payment made. This will result in a final
payment to BDS Constructors LLC dba MK Constructors from the City of Port Arthur in the
amount of Ninety Nine Thousand Nine Hundred Seventy Two Dollars Sixty Eight Cents
($99,972.68). Should you have any questions or require further information please do not
hesitate to contact me at 409-724-7888.
Sincerely,
ARCENEAUX WILSON& COLE,LLC
REGISTERED ENGINEERING FIRM F- 16194
eestan X. Cole, PE
Vice President
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Final Pay Invoice No.17
(409) 724-7888 • 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642
www.awceng.corn
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Gulf Storage Tanks
Date of Issuance: March 5, 2015
Owner: City of Port Arthur
Owner's Project No. CPA-800, Contract No. 1
Engineer: Arceneaux Wilson& Cole LLC
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
May 26,2015 fi
DATE OF COMPLETION *'p ,
OF T `114
Executed by Engineer on May 26, 2015 .26,4c*.:" 4 F r •:� �l�r
/N t
cro
KEESTAN X. COLE �.
114225 •
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BY: tom`
ARCENEAUX WILSON & COLE, LLC [SEAL]
I
ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: GULF STORAGE TANKS to Serve the CITY OF PORT ARTHUR
Date of Issuance: March 5, 2015
Owner: CITY OF PORT ARTHUR
Owner's Project No. CPA-800, Contract No. 1
Engineer: ARCENEAUX WILSON & COLE LLC
Contractor: BDS CONSTRUCTORS LLC DBA MK CONSTRUCTORS
This Engineer's Certificate of Substantial 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 substantially complete in
accordance with the Contract Documents on
March 5, 2015
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by Contractor within 30 days of the above Date of Issuance. From
the date of Substantial Completion the responsibilities between Owner and Contractor for security,
operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as
follows:
1/2
RESPONSIBILITIES
OWNER: Operation of the constructed facilities.
CONTRACTOR: Security, Safety,Maintenance, Insurance, Warranties and Guarantees of the
constructed facilities. Contractor shall complete a punch list which will be
generated at an inspection of the facilities with the Owner and Engineer at a
date to be determined.
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with
the Contract Documents.
Executed by ENGINEER on March 5, 2015
ARCENEAUX WILSON & COLE LLC
[ENGINEER]
By:
CONTRACTOR accepts this Certificate of Substantial Completion on March 5, 2015
BDS Constructors dba MK Constructors
[CONTRACTOR]
By:
2/2
P.R.No. 19112
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Exhibit "B"
Certificate of Construction Completion
GLO-Disaster Recovery Program Forms (Form 6-9) (Revised: 6/5/12)
P.R.No. 19112
08/25/14 cs
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Exhibit "C"
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: BDS Constructors LLC dba MK Constructors
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA-800 ENTERED INTO THE 16th DAY OF September. 2013
BETWEEN THE CITY OF PORT ARTHUR AND BDS Constructors LLC dba MK Constructors
OF PORT ARTHUR, TEXAS
(Cit (State)
FOR Gulf Storage Tanks
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 of 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.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 27 day
of . 7"t� ,2015.
(CORPORATESEALj BDS Constructors LLC dba MK Constructors
(Contractor)
BY:L��Ien�. - • — —
,(SIIGNATURE AND TITLE OF OFFICER)
1/2
v., .67;t. Gari , being first duly sworn on oath,deposes and says,first that
(Affiant)
he is the arifriC, of BDS Constructors LLC dba MK Constructors
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as 1.)4A-ndr
(Title)
of BDS Constructors LLC dba MK Constructors
(Name of Company)
Affiant further states that the matters and things stated herein are true.
r' chte.\ aro�,)rJ
(Affiant)
Subscribed and sworn to before me this 2 day of ,2015.
My commission expires: //— —.29/
(Date)
I
-;::�� MELANIE A.THERIOT
�.G,�1 NOTARY PUBLIC
•`• %.a °
Ai: (Notary Public)
'•. State of Texas
Comm.Exp.11.042018
2/2
P.R.No. 19112
08/25/14 cs
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Exhibit "D"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: BDS Constructors LLC dba MK Constructors
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-800, CONTRACT NO. 1 ENTERED INTO THE 16th
DAY OF September, 2013 ,BETWEEN THE CITY OF PORT ARTHUR
AND BDS Constructors LLC dba MK Constructors.
(Name of Contractor)
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE Gulf Storage Tanks
(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
Ninety Nine Thousand Nine Hundred Seventy Two Dollars Sixty Eight Cents ($ 99,972.68 )
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)
(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 1-8 , 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
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 017 day
of ./(A7 , 2015.
[SEAL] BDS Constructors LLC dba MK Constructors
(Contractor)
BY: 1.1.4.L. (3ft
(Signature and Title of Officer)
rn , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the aoine9e. of BDS Constructors LLC dba MK Constructors
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as •'mer
(Title)
of BDS Constructors LLC dba MK Constructors
(Name of Company)
Affiant further states that the matters and things stated herein are true.
" (Affiant)
Subscribed and sworn to before me this 27 day of f�� - ,2015.
My commission expires I/' 4" 2D/g/
•
(Date)
•
Y'v
ro►"»•�� MELANIE A.THERIOT
7
i, NOTARY PUBLIC
t.`; _
'•... ..•4 j State of Texas (Notary Public)
� �,
Cam Exp.11.042018
2
P.R.No. 19112
08/25/14 cs
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Exhibit "E"
(Certificate of Acceptance)
P.R.No. 19112
08/25/14 cs
Page 10
CERTIFICATE OF ACCEPTANCE FOR
THE GULF GROUND STORAGE TANK IN THE
CITY OF PORT ARTHUR
TO: MK Constructors
Date:
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the GULF GROUND STORAGE
TANK on the basis of the Engineer's Certificate of Completion by Keeston Cole., P.E., of
Arceneaux Wilson & Cole, LLC, the Contractor's Certificate of Guarantee, and the Contractor's
Certificate and Release, executed by Michael Brown, Owner, of BDS Constructors LLC dba MK
Constructors, of Vidor, Texas.
Brian McDougal,
City Manager
ATTEST:
Sherri Bellard
City Secretary
DAVIS-BACON ACT/LABOR STANDARDS
o,
Certificate of Construction Completion (Form 6-9) (Revised: 6/5/12)
(SUBMIT ONE FOR EACH PRIME CONSTRUCTION CONTRACT)
Grantee: BDS CONSTRUCTORS LLC DBA MK CONSTRUCTORS Land Office-DR Contract No: DRS210148
This is to certify that a final inspection of the project described below was conducted on the 26th day of_
May, 2g15 .
Contract was entered into on the 16th day of sepmplaer,01l3?tween the city/ county of P0"'N'r
Jonerson County and 905 CONSTRUCTORS LLC DBA MK CONI/ for the construction of GUlttaregeTanks
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$ 000 , 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 $1924900.00
Cumulative Change Orders $74553.57
Final Amount of Contract $1999453.57
Less Previous Payments $1899980.90
Less Deductions (from #2 above) $°00
FINAL PAYMENT(Balance) $9997268
5. The Final Payment in the amount above is now due and payable.
Ninety Nine Thousand Nine Hundred Seventy Two Dollars Suety Eight Cents 1S 99.972.68 )
6. Final Quantities:
Activity
Code Category Project Name Description Metric(Qty)
P21388 Sabine Pass Water Gulf Storage Tanks Install 2 Ground Storage Tanks, 1
Pump Station,175kW-325kW
Generator
See Attachment 1 for assistance with completing the above table.
Certified . .
7e,..K. del,"
Engineer Contractor Chief Executive Officer
Vice President I/ce-P es:ciett�-
Title Title CC__(1k C ( Title
Arcenearrx Wilson&cele LLC tndtSi/lr[ GA //4/
S nnS�/O�eT
Firm Firm City/County of
GLO — Disaster Recovers Program Forms
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