HomeMy WebLinkAboutPR 19593: PA PHASE III PERFORMANCE CONTRACT- METERS & AMI, WITH SIEMENS INDUSTRY, INC. MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Brian McDougal, City Manager
FROM: Jimmie Johnson, Ph D, Assistant City Manager
DATE: December 05, 2016
RE: Proposed Resolution No. 19593
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 19593
acknowledging the acceptance of the Certificate of Substantial Completion and
Certificate of Final Completion for the City of Port Arthur Phase III Performance
Contract — Meters & AMI (Project No. 440P-139862) with Siemens Industry, Inc.,
Building Technologies Division.
BACKGROUND
Per Resolution 14-406, the City of Port Arthur contracted with Siemens Industry, Inc.,
Buildings Technologies Division, for the replacement of fire hydrants, large water meter
replacements, and city-wide retrofit to a fixed base system and automatic meter
reading system upgrade, in an amount not-to-exceed $8,021,021.00. A Certificate of
Substantial Completion was also submitted with a punch list, the items on the punch list
have all been resolved.
BUDGET/FISCAL EFFECT
This project was funded through an agreement with Siemens pursuant to Resolution
No. 14-406.
SUMMARY
I recommend that the City Council approve Proposed Resolution No.19593.
P. R. No. 19593
12/09/16 ds/gt
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE CERTIFICATE OF SUBSTANTIAL COMPLETION AND
CERTIFICATE OF FINAL COMPLETION FOR THE CITY OF PORT
ARTHUR PHASE III PERFORMANCE CONTRACT — METERS & AMI
(PROJECT NO. 440P-139862) WITH SIEMENS INDUSTRY, INC.,
BUILDING TECHNOLOGIES DIVISION
WHEREAS, per Resolution No. 14-406, the City entered into a contract for
Phase III of a Performance Contract with Siemens Industry, Inc., Building Technologies
Division, for the replacement of fire hydrants, large water meter replacements, and city-
wide retrofit to fixed base system and automatic meter reading system upgrade, in an
amount not-to-exceed $8,021,02100; and,
WHEREAS, this project was funded by the City through a Tax Exempt Term
Lease Agreement, which is authorized pursuant to Chapter 302 of the Texas Local
Government Code, and will provide water and operational cost savings as that can
offset the cost of the project; and,
WHEREAS, Siemens Industry, Inc., Building Technologies Division, has
submitted a Certificate of Substantial Completion with a punch list attached as Exhibit
"A"; and,
WHEREAS, the Utilities Operation Department has inspected the completion of
the punch list, and it is hereby declared that all items on the punch list, attached as
Exhibit "A", have been resolved; and,
P. R. No. 19593
12/09/16 ds/gt
Page 2 of 3
WHEREAS, Siemens Industry, Inc., Building Technologies Division, has fulfilled
the terms of the contract executed for the City of Port Arthur Phase III Performance
Contract — Meters & AMI (Project No. 440P-139862); and,
WHEREAS, Siemens Industry, Inc., Building Technologies Division, has
submitted a Certificate of Final Completion, dated September 20, 2016 attached hereto
as Exhibit"B" for the City of Port Arthur Phase III Performance Contract — Meters & AMI
(Project No. 440P-139862).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the City Council hereby authorizes the City Manager to accept of the
Certificate of Substantial Completion, in substantially the same form as attached hereto
as Exhibit "A", for the City of Port Arthur Phase III Performance Contract — Meters &
AMI (Project No. 440P-139862) with Siemens Industry, Inc., Building Technologies
Division; and,
THAT, the City Council hereby authorizes the City Manager to accept the
Certificate of Final Completion, in substantially the same form as attached hereto as
Exhibit "B", for the City of Port Arthur Phase III Performance Contract — Meters & AMI
(Project No. 440P-139862) with Siemens Industry, Inc., Building Technologies Division;
and,
THAT, a copy of the caption of this resolution be spread upon the minutes of the
City Council.
P. R. No. 19593
12/09/16 ds/gt
Page 3 of 3
READ, ADOPTED AND APPROVED THIS day of
2016 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor:
Councilmembers:
•
NOES:
Derrick Freeman, Mayor
ATTEST: APPROVED AS TO FORM:
10 1/qD
Sherri Bellard Tizen
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal Dr. Jimmie Johnson, PhD
City Manager Assistant City Manager
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
}/t.tAIN) ,4044t,
Jerry Dale, CPA/CGFO Clifto Williams, CPPB
Director of Finance Acting Purchasing Manager
Exhibit "A"
(Certificate of Substantial Completion)
Exhibit D-1 — Form of Certificate of Substantial Completion
SIEMENS
Certificate of Substantial Completion
PROJECT NAME: City of Port Arthur Phase 3 Performance Contract—
Meters &AMI
CLIENT: City of Port Arthur
CERTIFICATE DATE (mm/dd/yyyy): September 15, 2016
CLIENT's RESOLUTION #: 14-406
PROJECT NUMBER: 440P-139862
The following portions of the Work are at Substantial Completion in accordance with the Agreement.
Warranty dates below are for Siemens workmanship and do not include manufactures warranty and
associated terms.
Work Item: Fire Hydrants
Warranty Start Date: July 1, 2016
Work Item: AMI Infrastructure (Repeaters, Poles, Collectors)
Warranty Start Date: July 1, 2016
Work Item: Water Meter Retrofits
Warranty Start Date: September 1, 2016
The Building Technologies Division of Siemens Industry, Inc. guarantees the workmanship and
materials of the above Substantially Complete Work in accordance with the Agreement.
The Work indicated above has been reviewed by the CLIENT and has been found, to the best of the
CLIENT's knowledge, to be Substantially Complete. Substantial Completion is the milestone in the
progress of the Work at which time the Work is sufficiently complete and available for the CLIENT to
have beneficial use of the Work for its intended purpose. A list of items to be completed and
corrected (if any)shall be identified as the Outstanding Items List, attached to this form, and indicated
by checking the appropriate box below:
Outstanding Items List Attached: ® No Outstanding Items Noted: ❑
Water Meter Punch List Items Spreadsheet—Attachment#1
The failure of the CLIENT to note items requiring completion or correction does not relieve the
contractual responsibility of Building Technologies Division of Siemens Industry, Inc. to complete or
correct the Work. Work found to require completion or correction after the Certificate Date of this
Page 1 of 2
Siemens Industry, Inc., Building Technologies Division
Exhibit D-1 —Certificate of Substantial Completion v.2014
Exhibit D-1 —Form of Certificate of Substantial Completion
Certificate, but within the warranty period shall be corrected in accordance with the Agreement's
warranty provisions.
Building Technologies Division of Siemens Industry, Inc. agrees to complete or correct all items
indicated on the Outstanding Items in a timely manner.
Building Technologies Division of Siemens Industry, Inc. Representative: Chad Nobles
Signature: Date: 9-13-2016
The CLIENT accepts the Work indicated above as Substantially Complete and assumes possession
and beneficial use of the Work on the Warranty Start Date indicated above.
CLIENT:
CLIENT Representative:
Signature: Date:
Note: The CLIENT shall, upon execution of this Certificate of Substantial Completion, assume all
contractual responsibilities for maintenance, insurance, operation, and protection of the Substantially
Complete Work in accordance with the Agreement.
Page 2of2
Siemens Industry, Inc.,Building Technologies Division
Exhibit D-1 —Certificate of Substantial Completion v.2014
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Exhibit "B"
(Certificate of Final Completion)
Exhibit D-2 — Form of Certificate of Final Completion
SIEMENS
Certificate of Final Completion
PROJECT NAME: City of Port Arthur Phase 3 Performance Contract—
Water Meters &AMI
CLIENT: City of Port Arthur, Texas
, CERTIFICATE DATE (mm/dd/yyyy): September 20, 2016
PROJECT NUMBER: 440P-139862 (Client#= 14-406)
All elements of the project Work have been reviewed by the CLIENT and have been found, to the best
of the CLIENT's knowledge, to be at Final Completion. All items noted in the Outstanding Items Lists
associated with Certificate(s) of Substantial Completion have been resolved, and all Work as defined
in Exhibit A of the Agreement is complete.
The failure of the CLIENT to note items requiring completion or correction does not relieve the
contractual responsibility of Building Technologies Division of Siemens Industry, Inc. to complete or
correct the Work. Work found to require completion or correction after the date of this Certificate, but
within the warranty period shall be promptly corrected in accordance with the Agreement's warranty
provisions.
Building Technologies Division of Siemens Industry, Inc. has reviewed the project Work, as well as all
contractual requirements, and the requirements for Final Completion have been met.
Building Technologies Division of Siemens Industry, Inc. Representative: Chad Nobles
Signature: MG`p/ 414— Date: 9-20-2016
The CLIENT accepts the project Work as meeting the requirements for Final Completion.
CLIENT:
CLIENT Representative:
Signature: Date:
Page 1 of 1
Siemens Industry, Inc., Building Technologies Division
Exhibit D-2—Certificate of Final Completion v. 2014