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HomeMy WebLinkAboutPR 12134:ELEVATED WATER TANK MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: FROM: DATE: SUBJECT: Steve Fitzgibbons, City Manager Daniel Shepherd, Director of Utility Operations April 2, 2003 Proposed Resolution No. 12134 COMMENTS RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No.12134 accepting a Certificate of Completion, Certificate of Guarantee and Change Order No. 2 and Final for the pleasure island elevated water storage tank and approving final payment of $96,231.25. BACKGROUND: In July, 2001, the City Council awarded a contract to Chicago, Bridge, & Iron Constructors, Inc. for construction of the Pleasure Island elevated water storage tank to provide dependable water supply to Pleasure Island. This resolution will approve Change Order No. 2 to adjust final quantities and authorizes acceptance of the Pleasure Island elevated water storage tank. Bob Shaw Consulting Engineers has certified completion and'recommended final payment of $96,231.25. This contract amount is currently $716,700.00. Change Order No. 2 and Final will change the contract amount to $713,375.00, a decrease of $3,325.00. BUDGET/FISCAL EFFECT: Funds for this final paymem are available in account no. 419-1622-531.85-00. Project No. 419001. This project is in a joint venture of the City, EDC, Pleasure Island Commission. and the County Park Board. STAFF/EMPLOYEE EFFECT: None. SUMMARY: Approval of Proposed Resolution No.12134 is recommended. /aw P.R. No. 12134 03-31-03 DS/aw RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S CERTIFICATE OF GUARANTEE; AUTHORIZE EXECUTION OF CHANGE ORDER NO. TWO (2) AND FINAL; ON THE PLEASURE ISLAND ELAVATED WATER STORAGE TANK AND APPROVING FINAL PAYMENT OF $96;231.25 TO CHI~2AGO, BRIDGE & IRON CONSTRUCTORS, INC., AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. FUND NO. 419-1622-531.85-00, PROJECT NO. 419001. WHEREAS, the City has received a Final Acceptance Report, dated March 26, 2003, from Bob Shaw Consulting Engineers, copy attached hereto and made a part hereof as Exhibit "A", together with a Contractor's Certificate of Release (Exhibit B) and a Contractor's Certificate of Guarantee (Exhibit C) both dated March 25, 2003, and executed by Roger Thompson, Project Manager of Chicago, Bridge, & Iron Constructors, Inc., copies attached hereto and made a part hereof as Exhibits "B" and "C", certifying that the project has been completed; and, WHEREAS, the City of Port Arthur's contract amount with Chicago, Bridge, & Iron Constructors, Inc. is decreased by $3,325.00 as shown by Change Order No. Two (2) and Final to adjust contract quantities to reflect those actually used on the project, copy attached hereto and made a part hereof as Exhibit "D"; and, WHEREAS, it has been recommended by Bob Shaw Consulting Engineers that Final payment should be made to Chicago, Bridge, & Iron Constructors, Inc., in the amount of Ninety-six Thousand Two Hundred Thirty-one and 25/100 Dollars ($96,231.25); NOW THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur be and is hereby authorized to execute, on behalf of the City of Port Arthur, Change Order No. Two (2) for adjustment of contract amount reflecting actual work completed; and, P.R. No. 12134 03-31-03 DS/aw Page 2 THAT, the City Manager of the City of Port Arthur is hereby authorized to execute, on behalf of the City of Port Arthur, a Certificate of Acceptance for Pleasure Island elevated water storage tank, copy attached hereto and made a part hereof as Exhibit "E"; and THAT, the final contract amount is Seven Hundred Thirteen Thousand Three Hundred Seventy-five and no/100 Dollars (S713,375.00); 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 ,2003 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers NOES: Mayor ATTEST: Evangeline Green City Secretary APPROVED: P.R. No. 12134 03-31-03 DS/aw Page 3 Steve Fitzgibbons City Manager APPROVED AS TO FOR3I: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Daniel Shep~eerd ~ Director of Utility Operations APPROVED AS TO AVAILABILITY OF FUNDS: Rebecca Underhill Director of Finance Account No. 419-1622-531.85-00 Project No. 419001 EXHIBIT "A" BOB SHAW Consulting Engineers Mr. Dan Shepherd Director of Utility Operations City of Port Arthur P. O. Box 1089 Port Arthur. Texas 77641-1089 March 26, 2003 MAR 3 0 2003 CITY OF P'T ARTHUR UTILITY OPERATIONS-ADM. Re~ CERTIFICATE OF COMPLETION PROJECT: Pleasure Island Elevated Water Storage Tank JOB NO.: CPA-084 DATE WORK DECLARED COMPLETE: September 26, 2002 Dear Mr. Shepherd: I hereby certify that the referenced project was completed on September 26, 2002. The contract guarantee period of one (1) year was effective as of that date. The project was under resident project observation of construction by Bob Shaw Consulting Engineers, and DSR & Associates. Inc. and. to the best of our knowledge, the project was constructed substantially in accordance with the plans and specifications. I recommend final payment be made to CB&I Constructors, Inc. in the amount of $96.231.25 as indicated on the enclosed final estimate, making the total construction cost $713,375.00. Also enclosed is Change OrderNo. 2, Contractor's Certificate and Release, and the Contractor's Certificate of Guarantee. Sincerely, BOB SHAW, P. E. BOB SHAW CONSULTING ENGINEERS BS/cc Enclosures copy: CB&I Constructors, Inc. DSR & Associates. Inc. 4749 Twin City Highway, Suite 305 Port Arthur, Texas 77642 Phone: (409) 962-0263 Fax: (409) 963-3101 BOB SHAW Consulting Engineers MONTHLY ESTIMATE CITY OF PORT ARTHUR, TEXAS PLEASURE ISLAND ELEVATED WATER STORAGE TANK JOB NO. CPA-084 CONTRACTOR: CB&I Constructors, Inc. ESTIMATE NO.: 3 & FINAL ESTIMATE PERIOD: August 1,2003 - September 26,2002 CONTRACT TIME: 320 Days CONTRACT AMOUNT: $693,800.00 DATE: March 20, 2003 TIME USED: 416 Days - 100% PERCENT COMPLETE: 100% *NEW CONTRACT TIME: 354 Days *NEW CONTRACT AMOUNT: $716,700.00 **NEW CONTRACT TIME: 416 Days **NEW CONTRACT AMOUNT: $713,375.00 ITEM DESCRIPTION CONTRACT NO OF ITEM QUANTITY 2 3 4 5 6 7 Elevated Tank Foundation Design & Construction, Complete in Place Test Pile 16" Dia. x 80', Including Material, Equipment and Apparatus to Furnish, Install & Test Production Pile 16" Dia. x 80' Add/Deduct for Pile Length Other Than 80' 300,000 Gallon Elevated Tank, Including All Appurtenances & Incidentals, Complete in Place Tank Painting, Including Surface Preparation, Blast Containment Paint Application, Caulking & Testing, Complete in Place 12" Diameter Ductile Iron Pipe, Complete in Place 1 L.S. QUANTITY UNIT TOTAL TO DATE PRICE AMOUNT I L.S. $100,100.00 $100,100.00 1 L.S. 1 gs. $15,000.00 $15,000.00 38 Each 38 Each $1,600.00 $60,800.00 1 Foot 0 $50.00 $0.00 1 L.S. 1 L.S. 110 L.F. 100% 1 L.S. 110 L.F. $384,100.00 $384,100.00 $102,500.00 $102,500.00 $40.00 $4,400.00 4749 Twin City Highway, Suite 305 Port Arthur, Texas 77642 Phone: (409) 962-0263 Fax: (409) 963-3101 ITEM DESCRIPTION CONTRACT QUANTITY UNIT TOTAL NO OF iTEM QUANTITY TO DATE PRICE AMOUNT 8 Ductile Iron Fittings, Complete in Place Cement Stabilized Sand, Complete in Place 10 Electrical System, Complete in Place 11 12 Remote Telemetry System, Complete in Place Pressure Transmitter, Complete in Place ADDITIVE ALTERNATE 1 Ton 1 Ton $2,500.00 $2,500.00 100 C.Y. 18.125 C.Y. $40.00 $725.00 1 L.S. I L.S. $10,350.00 $10,350.00 1 LS. I L.S. $5,000.00 $5,000.00 1 L.S. I gs. $5,000.00 $5,000.00 "Golf Ball" Scheme 1 LS. I L.S. $22,900.00 $22,900.00 TOTAL AMOUNT TO DATE ......................................................... $713,375.00 LESS RETAINAGE (5%) ........................................................... $ 0.00 DIFFERENCE ................................................................... $713,375.00 PLUS MATERIALS ON HAND ....................................................... $ 0.00 TOTAL ......................................................................... $713,375.00 LESS PREVIOUS PAYMENTS ...................................................... $617,143.75 TOTAL AMOUNT DUE THIS ESTIMATE .............................................. $ 96,231.25 SUBMITTED BY: BOB SHAW, P. E. *CHANGE ORDER NO. 1 EXHIBIT "B" CONTRACTOR'S CERTIFICATE AND RELEASE FROM: TO: CB&I Constructors, Inc. City of Port Arthur, Texas (Name of Contractor) (Owner) REFERENCE CONTRACT NO. CPA-084 ENTERED INTO THE 23rd DAY OF July, 2001; BETWEEN THE City of Port Arthur, Texas (Owner) AND CB&I Constructors, Inc. OF Conroe (Name of Contractor) Texas (City) FOR THE Construction (State) (Name of Operations) OF THE Pleasure Island Elevated Water Storaqe Tank (Name of Project) CPA-084 (Project No.) LOCATED IN THE CITY OF Port Arthur, Texas KNOW ALL MEN BY THESE PRESENTS The undersigned hereby certified 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-Six Thousand Two Hundred Thirty-One and 25/100 Dollars ($96,231.25). 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) The undersigned further certifies that all work required under this contract including work required under change orders numbered 1 & 2, 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 and all Subcontractors were in conformity with the contract provisions relating to said wage rates. 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. CONTRACTOR'S CERTIFICATE AND RELEASE PAGE TWO That in consideration of the payment of the amount stated in paragraph 1 hereof the undersigned does hereby release the Owner from any and all claims arising under or by vidue of this contract, except the amount listed in paragraph 2 hereof; provided, however, that if for any reason the Owner does no! pay in full the amount stated in paragraph I 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 I hereof, he will release [ne Owner 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 may request. IN WITNESS WHEREOF. the undersigned has signed and sealed this instrument this ~-.~-~ay of ,20 ().% (Seal) CB&I Constructors, Inc. (Contractor) Signature and Title of Officer ~--,~ 3. ~'-~,~,'¢,~-~'--' , being first duly sworn on oath, deposes ano says, (Affiant) first, that he is the ./'~A~J'~¢7 '~'/~'~'~-'~ of the (Title) CB&I Constructors, Inc. (Name of Company) second, that he has read the foregoing certificate by him subscribed as of the CB&I Constructors, Inc. (Name of Company) (Title) Affiant further states that the matters and things stated herein are true. (Affiant) Subscribed and sworn to before me this ~-~'~'day of My Commission Expires © Lo - ©~ ,20 06 Notary Public CERTIFICATION OF RESOLUTION AND AUTHORITY I, Walter G. Browning, do hereby certify that I am the duly-elected and acting Secretary of CB&I Constructors, Inc., a Texas corporation, and that as such officer I am duly authorized to make this certificate in behalf of that corporation. I further ~ertify that by consent in lieu of a meeting dated March 6, 2001, as authorized by Texas law, the Board of Directors of said corporation adopted the following resolution in accordance with the By-laws of said corporation: RESOLVED, that the President, any Vice-President, the Treasurer, or any regional sales manager, contracting manager, regional construction manager, manufacturing manager, project manager or business development manager heretofore or hereafter appointed by the Company or any other sales representative as may from time to time be designated by any one of the President, any Vice-President or the Treasurer, is authorized to make bids, prepare quotations and submit and receive proposals for contracts; to negotiate and sign contracts and other agreements, bid bonds, performance bonds, and other related documents; and to otherwise bind and obligate the Company in the conduct of its normal business. I further certify that the foregoing resolution is in full force and effect and that ~¢e-~e /~. ~'-*'a,v/ax,~.~ is a duly designated and authorized /v~e,,~re er ~,~ of CB&I Constructors, Inc. This certificate shall remain in full force and effect for ninety days from the date it bears, unless sooner revoked, but no such revocation shall be effective as to anyone dealing with any individual named in this certificate in reliance hereon unless written notice of such revocation has been received by the person so relying on this certificate. IN WITNESS WHEREOF, I have hereonto set my hand and the seal of CB&I Constructors, Inc., this ZS'~day of ~o~,~.~, ,20o.3 . ~V~ I t&~rcGo'2::u~sg, tSne~ r et a rY EXHIBIT "C" CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: CB&I Constructors, Inc. (Name of Contractor) TO: City of Port Arthur, Texas (Owner) REFERENCE CONTRACT NO. CPA-084 ENTERED INTO THE 23rd DAY OF July, 2001, BETWEEN THE City of Port Arthur, Texas (Owner) AND CB&I Constructors1 Inc. (Name of Contractor) OF Conroe Texas (City) FOR THE Construction (State) (Name of Operations) OF THE Pleasure Island Elevated Water Storage Tank (Name of Project) CPA-084 (Project No.) LOCATED IN THE CITY OF Port Arthur, Texas KNOW ALL MEN BY THESE PRESENTS CB&I Constructors, Inc. 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 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 City of Port Arthur's Engineer's final certificate. This Certificate is given in connection of the final payment under the contract between the City of Port Arthur, Texas and CB&I Constructors, Inc. 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. CONTRACTOR'S CERTIFICATE OF GUARANTEE PAGE TWO IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ,~'8'ay of "1%~.~%Z~'~ , 200.~. (Seal) (Affiant) CB&I Constructors, Inc. (Contractor) Signatu/re and Title"of Officer , being first duly sworn on oath, deposes and says, first, that he is the (Title) of the CB&I Constructors, Inc. (Name of Company) second, that he has read the foregoing certificate by him subscribed as ,'~,~.r~¢r /¢,~,¢o~-~ (Title) of the CB&I Constructors, Inc. (Name of Company) Affiant further states that the matters and things stated herein are true. (Affiant)/ Subscribed and sworn to before me this ,~-~_~-k-~'day of My Commission Expires (~t,~- ~'~ ~ ,20.D..~ Notary Public ...0% EXHIBIT "D" CHANGE ORDER NO. 2 Page 1 of 2 Date: March 20, 2003 Agreement Date: July 23, 2001 NAME OF PROJECT: Pleasure Island Elevated Water Storage Tank OWNER: City of Port Arthur, Texas CONTRACTOR: CB&I Constructors, Inc. The following changes are hereby made to the CO NTRACT DOCUMENTS: Add 62 calendar days to the contract time CHANGE TO CONTRACT PRICE: Original CONTRACT PRICE: $693,800.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: No. 1, $716,700.00 The CONTRACT PRICE due to this CHANGE ORDER will decrease by: $3,325.00 The new CONTRACT PRICE including this CHANGE ORDER will be: $713,375.00 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: Three hundred twenty ('320) calendar days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: No. 1, Three Hundred Fify- Four (354) calendar days CURRENT DATE OF COMPLETION: CONTRACT TIM E due to this CHANGE ORDER will be increased by: Sixty-two (62) calendar days New CONTRACT TIME including this CHANGER ORDER will be Four Hundred Sixteen (416) calendar days The DATE FOR COMPLETION of all work will be September 26, 2002 . Page 2 of 2 No other Terms and Conditions of the Contract are changed s a result of this Change Order. Contractor's acceptance of Change Order relieves the City of any liability for additional costs incurred by Contractor in his performance of the work covered by the Change Order. RECOMMENDED BY ENGINEER: REQUESTED BY: Bob Shaw Consulting Engineers CB&f Constructors Inc. ATTEST FOR CONTRACTOR CORPORATE SEAL ORDERED BY: ACCEPTED BY: CITY OF PORT ARTHUR CITY OF PORT ARTHUR, MAYOR CITY OFPORTARTHUR, MANAGER CITY SECRETARY CITY SEAL CITY ATTORNEY APPROVED AS TO FORM EXHIBIT "E" P.R. No. 12134 03-31-03 DS/aw lrOR Pleasure Island Elevated Water Storage Tank IN TO: Chicago, Bridge, & Iron Constructors, Inc. Gentlemen: This is to certify that the City of Port Arthur, Texas, accepts the Pleasure Island elevated water storage tank, on the basis of the Contractor's Certificate of Guarantee and the Contractor's Certificate and Release, executed by Roger Thompson, Project Manager, Chicago, Bridge, & Iron Constructors, Inc. Steve Fitzgibbons City Manager ATTEST: Evangeline Green. City Secretary