HomeMy WebLinkAboutPR 21950: ACCEPTING THE CLOSE-OUT OF HIGHWAY 73/SPUR 93 ELEVATED STORAGE TANK REHABILITATION PROJECT Cirt 0+ k
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Texas
INTEROFFICE MEMORANDUM
Date: May 28, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Donnie Stanton, Interim Director of Utilities
RE: PR 21950—Accepting the Close-Out of Highway 73/Spur 93 Elevated Storage
Tank Rehabilitation Project
Nature of Request:
The intent of this Agenda Item is to seek City Council's approval for close out of the Highway
73/Spur 93 Elevated Storage Tank Rehabilitation Project and authorize the City Manager to
approve Change Order No. 2, accept the closeout documents and engineer's certificate of
completion, contractor's certificate and release, contractor's certificate of guarantee, and pay
the retainage invoice of $30,660.00. The final project cost is $613,200.00 and funding is
available in Account No. 405-40-000-8516-00-00-000, Water Utility Systems, Project No.
WS0004.
In August of 2020, the Council passed Resolution No. 20-246, awarding the Highway 73/Spur
93 Elevated Storage Tank Rehabilitation Project contract to A&M Construction & Utilities of
Rowlett, Texas. The original contract amount was $635,800.00; the contract amount after
Change Order 1 was $617,800.00. Change Order 2 includes a deduction of $4,600.00 for
adjusting the following items: 4 soluble salt test deletions, tank floor repair adjustment, and
safety clamp system replacement and access roof hatch replacement, resulting in the final
project cost being $613,200.00. The project was managed by Schaumberg & Polk, Inc. This
invoice for the project includes the retainage.
Budget Impact:
The original contract amount was $635,800.00; the contract amount after Change Order 1 was
$617,800.00. Change Order 2 includes a deduction of $4,600.00 for adjusting the following
items: 4 soluble salt test deletions, tank floor repair adjustment, and safety clamp system
replacement and access roof hatch replacement, resulting in the final project cost being
"Remember, we are here to serve the Citizens of Port Arthur"
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$613,200.00; funding is available in Account No. 405-40-000-8516-00-00-000, Water Utility
Systems, Project No. WS0004.
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 21950, which closes out
the project, authorizes the City Manager to approve Change Order No. 2, accept the closeout
documents and engineer's certificate of completion, contractor's certificate and release,
contractor's certificate of guarantee, and pay the retainage invoice of$30,660.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.R. No. 21950
5/28/21 bw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 2, DECREASING THE ORIGINAL CONTRACT
AMOUNT BY $4,600.00 TO A NEW CONTRACT AMOUNT OF $613,200.00
AND ACCEPTANCE OF THE ENGINEER'S LETTER OF COMPLETION,
CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FOR IMPROVEMENTS OF THE
HIGHWAY 73/SPUR 93 ELEVATED STORAGE TANK REHABILITATION
PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE
CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS AND APPROVE THE RELEASE OF THE FINAL
RETAINAGE PAYMENT IN THE AMOUNT OF $30,660.00 FROM
ACCOUNT NO. 405-40-000-8516-00-00-000, WATER UTILITY SYSTEMS,
PROJECT NO. WS0004.
WHEREAS, pursuant to Resolution No. 20-082, the City entered into a contract with
Maguire Iron, Inc of Sioux Falls, South Dakota for the construction phase services of the Highway
73/Spur 93 Elevated Storage Tank Rehabilitation Project in the amount of$605,610.00; and
WHEREAS, pursuant to Resolution No. 20-246, the City terminated the contract with
Maguire Irion, Inc due to the inability to fulfill the terms of the contract and awarded the contract
to the second lowest bidder. A&M Construction & Utilities of Rowlett, Texas, in the amount of
$635,800.00; and,
WHEREAS, pursuant to Resolution 21-048, the City approved Change Order No. 1,
decreasing the contract amount by $18,000.00,to a new contract total of$617,800.00; and,
WHEREAS, Change Order No. 2 is being submitted, attached hereto as Exhibit "A",
decreasing the contract amount by $4,600.00 to a new original contract amount of$613,200.00;
and;
WHEREAS, A&M Construction & Utilities has completed the contracted project to the
satisfaction of the project engineer and the City staff; and,
WHEREAS, the City has received the Engineer's Letter of Completion, dated May 12,
2021 from Schaumberg & Polk, Inc. of Beaumont, Texas, stating that to the best of their
knowledge, the Highway 73/Spur 93 Elevated Storage Tank Rehabilitation Project has been
P.R. No. 21950
5/28/21 bw
completed in general accordance with City standards (Exhibit `B"), together with a Contractor's
Certificate and Release(Exhibit"C")and Contractor's Certificate of Guarantee(Exhibit"D") and
the Contractor's Affidavit of All Bills Paid(Exhibit"F");and,
WHEREAS, the Final Invoice, (i.e., Retainage Payment) in the amount of$30,660.00 for
the project completion has been submitted for payment by the contractor and approved by the
project engineer, Schaumberg&Polk, Inc. (see Exhibit"E"); and
WHEREAS, the approval of Change Order No. 2, and acceptance of all close out
documents are herein deemed an appropriate action.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute on behalf of the City of Port
Arthur, Change Order No. 2 (Exhibit A), decreasing the contract amount by $4,600.00 to a new
original contract amount of$617,800.00; and
THAT, the City Manager is hereby authorized to accept the Engineer's Letter of
Completion (Exhibit B); Contractor's Certificate of Completion (Exhibit C); Contractor's
Certificate of Guarantee (Exhibit D); Contractor's Affidavit of All Bill Paid (Exhibit F); and
execute the Certificate of Acceptance (Exhibit E) for the completion of the Highway 73/Spur 93
Elevated Storage Tank Project; and
THAT,the final invoice, (i.e., Retainage Payment) in the amount of$30,660.00 is hereby
made to A&M Construction&Utilities, Inc. (Exhibit G); 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 , 2021 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
P.R. No. 21950
5/28/21 bw
AYES: Mayor:
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Valecia Ti eno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
Donnie Stanton
Interim Director of Utilities
P.R. No. 21950
5/28/21 bw
APPROVED AS FOR AVAILABILITY OF FUNDS:
(t)iL,
Kandy Danie Clifton illiams, CPPB
Interim Director of Finance Purchasing Manager
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.Two(2)&Final
DATE: May 12,2021
PROJECT: City of Port Athur
HWY73/SPUR 93 Elevated Storage Tank Rehabilitation
OWNER: City of Port Athur,Texas
444 4`h Street
Port Arthur,Texas 77640
CONTRACTOR: A&M Construction and Utility,INC
4950 Grisham
Rowlett,Ttexas 75088
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: to adjust final construction quantities
ORIGINAL CONTRACT AMOUNT: $ 635,800.00
REVISED CONTRACT AMOUNT PER CHANGE ORDER NO.1 $ 617,800.00
THIS CHANGE ORDER
4 Soluble salt test exterior.DELETE 2EA @$250.00EA $ (500.00)
5 Soluble salt test interior.DELETE 2EA @$250.00EA $ (500.00)
12 TANK FLOOR REPAIRS-To adjust the allowance by$9000.00 to repair the tank floor.Remaining Allowance=
$10,000.00-$9,000.00=$1,000.00.DELETE$1,000/LS $ (1,000.00)
23 MISCELLANEOUS WORK-To adjust the allowance by$7,400.00 toremove and replace the safety climp system at $ (2,600.00)
the spur93 Tank and remove and replace the access roof hatch at the Pleasure Island Tank.Remaining Allowance
=$10,000.00-$7,400.00=$1,600.00.DELETE$2,600/LS
TOTAL AMOUNT OF THIS CHANGE ORDER: $ (4,600.00)
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 613,200.00
CONTRACT TIME
Original Contract Time: 150 calendar days
Requested change in Contract Time 0 calendar days
Revised Contract Time per this Change Order 150 calendar days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full
compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly
or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all
rights to file a claim on this Change Order after it is properly executed."
Recom ended y: Approved by: Accepted by:
Schaumburg Polk,Inc. City of Port Arthur A&M Construction and Utility,INC
Engineer ^ Owner Contractor
Date: // 2f Date: Date: 5/r 1 1/21
Page 1 of 1
EXHIBIT "B"
(Engineer's Letter of Completion)
6 II/II :la ; -:;, ,
May 12, 2021 SCHAUMBURG POLK,
Mr. Donald Stanton
City of Port Arthur
111 H.O. Mills Blvd
Port Arthur, TX 77640
RE: Spur93/SH73 EST Rehabilitation
Certificate of Completion
Dear Mr. Stanton,
This letter is intended to serve as our written certification that the above referenced
project has been completed, and to the best of our knowledge, the work has been
constructed in accordance with the plans and specifications. Please note that the
warranty period for the above referenced project started March 1, 2021 and will run for a
period of 12 month thereafter.
Sincerely,
SCHAUMBURG & POLK, INC.
Nestor Barr to
Project Mager
CC: Ms. Melissa Guynes, City of Port Arthur
Mr. Brian Wallace — City of Port Arthur
8865 College Street, Suite 100 I Beaumont, TX 77707 www,SPl-ENG.Corn
P. 409,866.0341 I F: 409.866.0337
POTABLE WATER STORAGE TANK
Inspection Form
Section 290.46(f)(3)(D)(ii)of the Texas Commission on Environmental Quality's Rules and Regulations for Public Water Systems
requires documentation of annual ground,elevated,and pressure storage tank maintenance inspections. [See also 290.46(m)(1)and
290.46(inl(2)]
Spur93/SH73 Location: City of Port Arhtur
Description: 5000,000gal Ion Legged EST
Date&Material of Exterior Coating System: 2021 Polyurethane
Date&Material of Interior Coating System: 2021 Epoxy
Exterior of Tank
O.K. Problem NA Description
X Foundation: settling,cracks,deterioration
X Protective Coating: rust,pitting,corrosion,leaks
X Water Level Indicator: operable,cable access opening protected
X Overflow Pipe: flap valve cover accessible,operable,sealed
X Access Ladder: loose bolts or rungs
X Roof: low spots for ponding water,holes along seams,rust
X Air Vents: proper design,screened,sealed edges and seams
X Cathodic Protection Anode Plates: secured and sealed
X Roof Hatch: proper design,locked,hinge bolts secured,gasket
X Pressure Tank Operational Status: pressure release device,pressure gauge,air-water volume device
- - -
Interior of Tank
O.K. Problem NA Description
X Water Quality:insects,floating debris,sediment on the bottom
X Protective Coating:rust,corrosion,scaling
Date: Last Inspection of Pressure Tank Interior
Comments
This tank was completely rehabilitated in 2021
r
Name of Inspector: Nestor Barroeta
Date of Inspection: 03/01/2021
EXHIBIT "C"
(Contractor's Certificate and Release)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: in41 \ 4Y-a �^ .4rt . (y r'I( 'C 5 Sties . —
(Name of Contractor)
TO: +41- of P rf A-r-f-cknr
(Owner)
REFERENCE C9NTRACT NO. -Lwy �3� t�r�3 I a-rt k ( 4-1— d O. IP Zo—0 Zs)
0/5�-o -f-11rt� p0 22 rS4l
DAY OF 3/15/ 2oz/ , BETWEEN THE , o Port Arvr
AND 4-A/` (".ov,. Lmac 'hi i4-0 , SNc .
(Name at-Contractor)
OF okJte't TX-
(City) (State)
Hwy 73/Spur 93
Elevated Storage Tank Rehabilitation
(Name of Project)
KNOW ALL MEN BY THESE PRESENTS:
. 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
IS tz f ago e.° _
2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are
outstanding and unsettled the following items which he claims are just and due and owing by the
Owner to the Contractor:
(a) rture—
I
(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 t # - 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 thc 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.
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 wider 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
kri
IN WISS WHEREOF,the undersigned pas signed and sealed this instrument this 3
ThW day
of 1-9 2-1 •
[SEAL] !4 M (-PK 4-KUdIkilA nrti IAA es
13Y:
(alboalbat and The of
41121.i.L2 Ai,AA" , being first duly sworn on oath, deposes and says, first, that
he is the Re-5114144' of ibmci s_ ruvi-t`otn A-4Q U141 i fits, �ti� .
(rltle) (area of Compi y)
second,that he has read the foregoing certificate by him subscribed as gesi'd "
of l S-f 041 krel .�nz
(Name of ComRanY)
Affiant further states that the matters and things stated herein arc true.
1
2
Subscribed and sworn to before me this 3 day of Iii.e. 20 7-1 ,1
My commission expires v 30 , 7, -"'
•
11°�e„ JAMES RICK THORN I
:°r .Notary Public,State of Texas
:;r .."v"1oc Comm. Expires 01-30-2025 �t.�
%',i°,,to' Notary ID 125177912 OWEN ""
3
EXHIBIT "D"
(Contractor's Certificate of Guarantee)
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: A L 1"k Q.0\C U(.\-A0(1 6. V\ \W\A5 . C_
TO: Qv\ 6 Rock N\-'1nui
FOR: W41/4) 3/Spt c3-N M*hat
REFERENCE CONTRACT NOW Mo.Qg-O-O 5 'E� D INNTO THE > DAY OF
c\A/C2 ETWEEN C\r* 6 ct } PIVNI
AND A L1Qvemsvfocirlun and,. Utikkkies% IA(
OF VcCAaVec I .NX
KNOW BY ALL MEN THESE PRESENTS:
1. /\ ('of)Mit.X`.\\)1 ailiS Oodes 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 t e contract made between the
A Owner and tjkk CAV i\‘ciN 01001-, ,\,,thila`h'i 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 `"1 day
of 0-ua_ .20O\ .
[Corporate Seal] C c\.A t,vito oi"tl Ok kikiQS , Tnt
(Contractor)
BY:
Ar )ry o VCL'�i()• ,being first duly sworn on oath,deposes and says,first that
he is the A ne .
second,that he has read the foregoing certificate by him subscribed as N 1{S1 1
of LW Co M ,v' (M viws) �n .
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this a day of u V 1 1
2Ot
My commission expires V-3 D(2 S�
(Date)
JAMES RICK THORN
.��♦Par a��'
Public,State of Texas
�+� Comm. Expires 01-30-2025
A9%%�""l, Notary ID 125177912 '
(Not Ilk)
EXHIBIT "E"
(City of Port Arthur Certificate of Acceptance)
City of Port Arthur, Texas
Department of Utility Operations
CERTIFICATE OF ACCEPTANCE
FOR
HIGHWAY 73/SPUR 93
ELEVATED STORAGE TANK PROJECT
FOR THE CITY OF PORT ARTHUR
To: A&M Construction & Utilities of Rowlett, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of
the Highway 73/Spur 93 Elevated Storage Tank Rehabilitation Project on the basis of the
City of Port Arthur, Texas Utility Operations Department, the Engineer's Certificate of
Completion, the Contractor's Certificate and Release, and Contractor's Certificate of
Guarantee from A&M Construction& Utilities of Rowlett, Texas.
Ronald Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
EXHIBIT "F"
(Affidavit of All Bills Paid)
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
STATE OF TEXAS
COUNTY OF DALLAS
Personally, before me the undersigned authority, on this day appeared
ANTONIO BANDA,who being duly sworn, on oath, says that he is a legal
representative of A&M CONSTRUCTION AND UTILITIES, INC.
(CONTRACTOR), of 4950 Grisham Dr., Rowlett,TX 75088 .
That the work for the construction of the project designated as
Hwy. 73/Spur 93 EST Rehabilitation (Bid No. P20-025)
City of Port Arthur, TX
Has been satisfactorily completed; and that all bills for materials, supplies,
apparatus, fixtures, machinery and labor used in connection with the construction
of this project have been fully paid.
CONTRACTOR
Sworn to and subscribed before me this ' --da of ,2021
11 ' JAMES RICK THORN
4110.
_;; ._Notary Public, Sta 5,
+Pc Comm. EXcirec: U t•. .
b i in and for the State of Texas
'',Z°;,;,N•` Notary ID 1251 i912
EXHIBIT "G"
(Final Invoice (Retainage)
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