HomeMy WebLinkAboutPR 19272: ENGINEER'S CERTIFICATE OF COMPLEION, 5TH STREET City of Crry
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: January 7, 2016
To: Brian McDougal, City Manager
From: Rawetts Baaheth, Sr., Interim Director of Public Works` v
RE: Proposed Resolution No. 19272
RECOMMENDATION
I recommend that the City Council approve P. R. No. 19272 authorizing the acceptance of the Engineer's
Certificate of Completion, Contractor's Certificate and Release, Contractor's Certificate of Guarantee,
and authorizing the final payment of$97,024.69 to Excavators and Constructors, LTD for the 5th Street
Paving and Drainage Improvements Project and authorizing the City Manager to sign the Certificate of
Acceptance on behalf of the City of Port Arthur, Texas.
BACKGROUND
Per Resolution 14-294 a construction contract was awarded to Excavators and Constructors, LTD for the
5th Street Paving and Drainage Improvements Project. Excavators and Constructors, LTD has completed
the contract satisfactorily, and has submitted request for final payment in the amount of$97,024.69.
BUDGET/FISCAL EFFECT
Funds are available in the GLO Round 2.1 Program, Project No.j2110T, Account No. 144-1201-532.59-
00.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
I recommend that the City Council approve P. R. No. 19272 authorizing the acceptance of the Engineer's
Certificate of Completion, Contractor's Certificate and Release, Contractor's Certificate of Guarantee,
and authorizing the final payment of$97,024.69 to Excavators and Constructors, LTD for the 5th Street
Paving and Drainage Improvements Project and authorizing the City Manager to sign the Certificate of
Acceptance on behalf of the City of Port Arthur, Texas.
"Remember we are here to serve the Citizens of Port Arthur"
P. R. 19272
01/07/16 rtb
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 5TH STREET PAVING AND DRAINAGE IMPROVEMENTS
PROJECT 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 IN THE
AMOUNT OF $97,024.69; GLO ROUND 2.1 PROGRAM, PROJECT
NO. 12110T, ACCOUNT NO. 144-1201-532.59-00.
WHEREAS, the City of Port Arthur has received for the 5th Street Paving and
Drainage Improvements Project an Engineer's Certificate of Completion from Keestan
Cole, P.E. of Arceneaux Wilson & Cole, LLC, Contractor's Certificate and Release and
Contractor's Certificate of Guarantee from Excavators and Constructors, LTD., and the
Certificate of Construction Completion (Form 6-9), all dated January 7, 2016 (attached
as Exhibit "A"); and,
WHEREAS, Exhibit "B" shows a final balance due to Excavators and
Constructors, LTD in the amount of $97,024.69; and
WHEREAS, Excavators and Constructors, LTD has completed the project
satisfactorily and has been accepted by the Public Works Department; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
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 for the 5th
Street Paving and Drainage Improvements Project, (attached as Exhibit"C"); and,
P.R. 19272
Page 2
THAT, final payment be made to Excavators and Constructors, LTD in the
amount of $97,024.69 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 the day of , A.D. 2016 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Council members:
Noes:
Deloris "Bobbie" Prince
Mayor
Attest:
Sherri Bellard
City Secretary
AP-ROVEI AS TO FORM: APPROVED AS TO AVAILABILITY OF
// S FUNDS:
Valecia Ti -nw Jerry` Dale, CPA, GFOA 44 4, V
City Attorney Interim Director of Finance
APPROVED FOR ADMINISTRATION:
V2;6/171E:r -�GJetts T. aheth, Sr.
Interim Director of Public Works
Brian McDougal ►,' JJ9 L ,,f,,
City Manager Clifton Williams, CPPB
Acting Purchasing Director
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
Project: STORM SEWER SYSTEM IMPROVEMENTS ALONG 5TH STREET
FROM DEQUEEN BLVD. TO 6TH AVE.
Date Of Issuance: June 3, 2014 p
Owner(s): CITY OF PORT ARTHUR RECEIVED
JAN 7 2010
Owner's Project No.: CPA-730, Contract No. 1
PUBLIC WORKS
Engineer: ARCENEAUX WILSON & COLE LLC Admin.-City Hall
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
August 3, 2015
DATE OF COMPLETION
ferMq Nit
Sair10 2016 5 r'' ~'F 4�
Executed by Engineer on Q.�,t a► j J_ ,� 11
KEESTAN X. COLE
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fir%'• !; rase?•` �•;;•
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BY:
ARCENEAUX WILSON & COLE LLC [SEAL]
1/1
RECEIVED
CONTRACTOR'S CERTIFICATE AND RELEASE IAN I 2016
PUBLIC WORKS
Admin.-City Hall
FROM: EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-730, CONTRACT NO. 1 ENTERED INTO THE 15th DAY
OF JULY, 2014, BETWEEN THE CITY OF PORT ARTHUR
AND EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Contractor)
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE: STORM SEWER IMPROVEMENTS ALONG 5TH STREET 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 Seven Thousand Twenty Four Dollars and Sixty Nine Cents ($ 97,024.69)
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 1-5 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 day
of , 2016.
(CORPORATE SEAL)
EXCAVATORS AND CONSTRUCTORS, LTD.
(Contractor)
BY:
(Signature and Titled icer
„...Zervr/ • ', , .eing first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the GENERAL PARTNER of EXCAVATORS AND CONSTRUCTORS, LTD.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as GENERAL PARTNER
(Title)
of EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
e
(Affiant)
Subscribed and sworn to before me this 7 day of ✓1-ue.I' �/ , 2016.
My commission expires (2" 1 t'to V\
(Date)
(NotaryPubic)
2/2
RECEIVED
CONTRACTOR'S CERTIFICATE OF GUARANTEE JAN 7 X016
PUBLIC WORKS
FROM: EXCAVATORS AND CONSTRUCTORS, LTD.
Admin.,City Hall
(Name of Contractor)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. CPA-730 ENTERED INTO THE 15th DAY OF JULY, 2015 BETWEEN THE
CITY OF PORT ARTHUR AND EXCAVATORS AND CONSTRUCTORS, LTD.
OF PORT ARTHUR, TEXAS
(City) (State)
FOR THE STORM SEWER IMPROVEMENTS ALONG 5T" STREET, CPA-730, 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 ,2016.
(CORPORATE SEAL) EXCAVATORS AND CONSTRUCTORS, LTD.
(Contractor)
BY:
(SI URE D TITL F OFFICER)
1/2
( ' / / -. , being first duly sworn on oath, deposes and says,first that
(Affiant)
he is the GENERAL PARTNER of EXCAVATORS AND CONSTRUCTORS, LTD.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as GENERAL PARTNER
(Title)
of EXCAVATORS AND CONSTRUCTORS, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
ie ` -
t)
Subscribed and sworn to before me this 1 rt.1 day of 564 4.1.4-4A-r`f ,2016.
My commission expires: 12-1 t—Z 0 L
(Date)
RYAN PRICE
3%' c. Notary Public,State of Texas (Notary Public)
=Nr v` i4 Comm. Expires 12-11-2019
��.re of t��J+
�r,,, ,,,o Notary ID 130466663
2/2
"do eR t :<
T,T \H`'o DAVIS-BACON ACT/LABOR STANIIE E I V E D
t
}^ JAN 7 2016
PUBLIC WORKS
Admin.-City Hail
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 3rd day of_
August 2015
Contract was entered into on the 15thday of duly,2014 between the city/ county of Port Arthur
Jefferson County and Excavators and Constructors,LTD.for the construction of Storm Sewer Improvements along 5th St.
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 $ 1,991,843.25
Cumulative Change Orders $ (51,349.39)
Final Amount of Contract $ 1,940,493.86
Less Previous Payments $ 1,843,469.17
Less Deductions (from #2 above) $ 0.00
FINAL PAYMENT(Balance) $ 97,024.69
5. The Final Payment in the amount above is now due and payable.
Ninety Seven Thousand Twenty Four Dollars and Sixty Nine Cents
6. Final Quantities:
Activity
Code Category Project Name Description Metric(Qty)
P21110-5 Flood and Drainage Facilities Storm Sewer Improvements along 5th Street Construction of new Storm Sewer System 3,800 Linear Foot
See Attachment 1 for assistance with completing the above table.
Certified b •
Alir Z:7
ngineer Con jicto Chief Executive Officer
PROJECT MANAGER GEN RAL PARTNER
Title Title Title
ARCENEAUX&GATES EXCAVATORS&CONSTRUCTORS,LTD.
Firm Firm City/County of
GLO —Disaster Recovery Program Forms
Page 1 of 1
EXHIBIT B
ARCENEAUX WILSON & COLE LLC
Arceneaux Wilson &
Engineering • Surveying • Planning
AWC
December 29, 2015
RECEIVED
Mr. Hassin Shomalzadeh, PE JAN 7 2016
Director of Public Works
C/TY OF PORT ARTHUR PUBLIC WORKS
444 Fourth Street Admin.-City Hall
Port Arthur, Texas 77641
RE: RECOMMENDATION for FINAL PAYMENT and RELEASE of RETAINAGE
Storm Sewer Improvements along 5th Street TO SERVE the City of Port Arthur
Job No. CPA-730
Dear Mr. Shomalzadeh:
Attached for your records are the project completion documents for the 5th Street Storm
Sewer Improvements Project. These documents include the Engineer's Certificate of
Completion, Contractor's Certificate of Guarantee, Certificate of Construction
Completion (Form 6-9) 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 Excavators & Constructors,
LTD. from the City of Port Arthur in the amount of Ninety Seven Thousand Twenty
Four Dollars and Sixty Nine Cents ($97,024.69). Should you have any questions or
require further information please do not hesitate to contact me at 409-724-7888.
Sincerely,
Keestan Cole, P.E.
Vice President
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Certificate of Construction Completion(Form 6-9)
Final Pay Estimate No. 12
(409) 724-7888 • 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642
Registered Engineering Firm F-16194 Registered Survey Firm 10194049
CONTRACT FOR CONSTRUCTION
OF
STORM SEWER IMPROVEMENTS ALONG 5TH STREET
TO SERVE
CPA-730
Contract No. 1
OWNER: City of Port Arthur CONTRACTOR: Excavators &Constructors, LTD.
444 4th Street 6601 Procter Ext.
Port Arthur,Texas 77641 Port Arthur, Texas 77642
AW&G Job No. CPA-730 Date: December 30, 2015
AW&C Construction Phase No. CPA-730 Estimate Period: 6/17/2015 - 6/17/2015
Monthly invoice No. 12 Contract Date: July 15, 2014
Contract Amount $1,991,843.25 Notice to Proceed: August 13, 2014
Change Orders: $ (51,349.39) Contract Time: 270 Calendar Days
Change Order No. 1 $ -
Change Order No. 2 $ -
Change Order No. 3 $ -
Change Order No. 4 $ -
Change Order No. 5 $ (51,349.39)
Total Contract Amount $1,940,493.86 Approved Time Extensions: 38 Days
Amount Placed to Date: $1,940,493.86 Revised Contract Time: 308 Calendar Days
Material on Hand Not $ - Days to Date: 309 Days
Subtotal: $1,940,493.86 Original Completion Date: May 9, 2015
Less 0% Retainage: $ - Revised Completion Date: June 16, 2015
Balance: $1,940,493.86 Percent Time Used: 100%
Less Amounts on
Previous Invoices: $1,843,469.17 Percent Complete: 100%
THIS ESTIMATE $ 97,024.69
TEXAS REGISTERED ENGINEERING FIRM *Percent Time Used and Percent Complete based on Final
* 16194 * Complertir •'3ate of August 3, 2015.
Recommended for Approval: gip
4:(2‘04441411fi,.
r.."*car' ***,°104.#
KEESTAN X COLE
114225 ,,.
KEES AN COLE, PE [SEAL]
MONTHLY INVOICE NO. 12
Storm Sewer System Improvements along 5th Street
The City of Port Arthur
CPA-730
Contract No. 1
December 30, 2015
Quantity Total
Approx. Amount This Total Amount To
Item Description of Bid Item QTY Unit This Quantity To Unit Price Estimate Date
Estimate Date
Base Bid Items
1. MOBILIZATION 1 LS 1 $ 118,200.00 $ - $ 118,200.00
2. 24"RCP 1150 LF 1150 $ 85.00 $ - $ 97,750.00
3. 42"RCP 5 2056 LF 2056 $ 243.80 $ - $ 501,252.80
4, 48"RCP 5 1543 LF 1543 $ 287.00 $ - $ 442,841.00
5. TRENCH SAFETY SYSTEM DESIGN 1 LS 1 $ 700.00 $ - $ 700.00
6. TRENCH SAFETY SYSTEM 5 4040 LF 4040 $ 2.60 $ - $ 10,504.00
7. TYPE"C"MANHOLE 5 10 EA 10 $ 5,655.00 $ - $ 56,550.00
8. TYPE"C"CURB INLET 20 EA 20 $ 2,672.00 $ - $ 53,440.00
9. MANHOLE RISER 1 EA 1 $ 3,677.00 $ - $ 3,677.00
TYPE"C"MANHOLE&CONFLICT
10. STRUCTURE COMBO 1 EA 1 $ 18,120.00 $ - $ 18,120.00
11. DROP INLET 16 EA 16 $ 2,767.00 $ - $ 44,272.00
12. INLET PROTECTION-SOCK 5 16 EA 16 $ 42.60 $ - $ 681.60
13. INLET PROTECTION-SILT FENCE 5 8 EA 8 $ 73.00 $ - $ 584.00
14. CONCRETE DRIVEWAY REPLACEMENT 5 147.1 SY 147.1 $ 72.75 $ - $ 10,701.53
15. CONCRETE SIDEWALK REPLACEMENT 5 88.4 SY 88.4 $ 49.95 $ - $ 4,415.58
16. 1.5"TYPE"D"HMAC 5 9338 SY 9338 $ 11.50 $ - $ 107,387.00
17. 8"FLEXIBLE BASE 5 9399.3 SY 9399.3 $ 24.05 $ - $ 226,053.17
18. LIME STABILIZATION 5 70.26 TON 70.26 $ 175.00 $ - $ 12,295.50
19. MANIPULATION OF LIME 5 9399.3 SY 9399.3 $ 10.80 $ - $ 101,512.44
20. 24"CONCRETE CURB&GUTTER 5 2315 LF 2315 $ 22.95 $ - $ 53,129.25
21. CONFLICT STRUCTURE 1 EA 1 $ 10,450.00 $ - $ 10,450.00
22. 6'WIDE HANDICAP RAMP 5 18 EA 18 $ 824.00 $ - $ 14,832.00
23. TRAFFIC CONTROL PLAN 1 LS 1 $ 13,620.00 $ - $ 13,620.00
Supplemental Items
24. TYPE"C"MANHOLE 5 EA $ 5,655.00 $ - $ -
25. REINFORCING STEEL 5 LB $ 0.75 $ - $ -
26. CLASS"A"CONCRETE 5 CY $ 150.00 $ - $ -
27. 1.5"TYPE"D"HMAC 5 SY $ 100.00 $ - $ -
28. 8"FLEXIBLE BASE 5 SY $ 25.00 $ - $ -
29. CEMENT STABILIZED SAND 5 CY $ 37.00 $ - $ -
30. 24"CONCRETE CURB&GUTTER 200 LF 200 $ 25.00 $ - $ 5,000.00
Change Orders
Change Order No. 1
31. Remove and Replace Concrete Pavement 155 SY 155 $ 175.00 $ - $ 27,125.00
32. Inlet Leads 6 EA 6 $ 500.00 $ - $ 3,000.00
33. Throats on Drop Inlets 16 EA 16 $ 150.00 $ - $ 2,400.00
TOTAL $ - $ 1,940,493.86
EXHIBIT C
City of Port Arthur, 'Texas
Department of Public Works
CERTIFICATE OF ACCEPTANCE FOR
5th Street Paving and Drainage Improvements Project in the City
of Port Arthur, Texas
To: Excavator & Constructors, LTD.
This document is to certify that the City of Port Arthur, Texas accepts the completion of
paving and drainage improvements of the above mentioned project on the basis of the
City of Port Arthur, Texas Public Works Department, 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 & Constructors, Ltd.
Brian McDougal
City Manager
ATTEST:
Sherri Bellard
City Secretary