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Home My WebLink AboutPR 15823: COMPLETION OF WATER SYSTEM IMPROVEMENTS FOR WASHINGTON ELEMENTARY SCHOOLMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations %~~!D /~,, j~ '[C' J DATE: March 30~ 2010 SUBJECT: .Proposed Resolution No. 15823, COMMENTS I recommend that the City Council approve Proposed Resolution No. 15823, which accepts the Engineer's Certificate of Completion, Contractor's Certificate of Guarantee, and Contractor's Certificate and Release from CIMA Utility, for the completion of public water system improvements to serve the PAISD -Washington Elementary School. BACKGROUND The new Washington Elementary School on Texas Avenue- & W: 14~' Street required the installation extension of the public water system to provide fire and domestic service to this new facility. The water system was looped from W. 14`h St & Texas Ave. along Texas Ave: almost to W. 12~' St., where their new fire line service connection is to be located, and installing fire hydrants at key locations. An inspection ofthe public water system was conducted and meets our requirements. We have received all the required paperwork for this submission to City Council forapproval and acceptance. BUDGET/FISCAL EFFECT None. Their engineer estimates the value of these water system improvements at $113,000. STAFF/EMPLOYEE EFFECT City staff attended the Final Inspection of these utilities to verify conformance with City Standards. SUMMARY Approval of Proposed Resolution No. 15823 is recommended. P.R, No. 15823 03/30/10 RESOLUTION NO. A RESOLUTION'AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION FROM MICHELLE FALGOUT, P.E., OF FITTZ & SHIPMAN CONSULTING ENGINEERS AND LAND SURVEYORS; INC., THE CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S CERTIFICATE OF GUARANTEE BOTH FROM CIMA UTILITY FOR THE COMPLETION OF PUBLIC WATER SYSTEM IMPROVEMENTS TO SERVE THE PAISD -WASHINGTON ELEMENTARY SCHOOL, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE. CITY OF PORT ARTHUR, TEXAS. , WHEREAS, the PAISD constructed improvements to Washington Elementary School that required the extension of the public water system for fire protection and domestic water; and, WHEREAS, the PAISD granted a Water Utility Easement for these public. improvements; and, WHEREAS, the PAISD contracted with Daniels Construction/CIMAUtdity for construction of the public water system. to serve the school; and, WHEREAS, the City has received an Engineer's Certificate of Completion dated February 26, 2010 from Michelle Falgout, P.E. of Fittz & Shipment Consulting ,Erigineers and Land Surveyors, Inc., certifying that the water system in the project has been completed according to City Standazds, copy attached hereto and made a part hereof as Exhibit A, together with a Contractor's Certificate-and Release (Exhibit B) and a Contractor's Certificate of Guazantee (Exhibit C) both executed by Fabian T. Moye, Vice President of CIMA Utility; NOW THEREFORE, - BE.IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the City Manager of the City of Port Arthur is hereby authorized to P.R. No. 15823 03/30/10 Page 3 APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager ~~~~ Ross Blackketter, P.E. Director of Public Works 1~~~~ ~,r~ ~~a Kelly Eld idge Director of Utility Operations EXHIBIT A Fittz&Shiprnan IN( February 26, 2010 , City of Port Arthur P.O. Box 1089 Port Arthur, Tx. 77641-1089 Consulting Engineers and Zand Surveyors RonaldD: Fittz, P.E., RP:L,S. (1948.1987) T<cry G. Shipman, P.E. Presidem Billy J. Smith, Ir., ChicCOperating Officer Donald R. King, P.E. Michelle Falgout, P.E. a-. 'Walter ]. KsiezeA, R.P.L.S. I , Reference: City Water Line Installation PAISD Washington Elementary Dear Mr. Eldridge, 1, Michelle Falgout, P.E. hereby certify that the installation of the City water line, associated with PAISD Washington Elementary School, was constructed in general conformance with the approved plans and specifications.: The pressure-lest and bacteria testing was done and or witnessed by Warren Guidry,. City of Port Arthur. All tests passed.. We request that the infrastructure be accepted by the City of Port Arthur. Should you have any questions, please. call. Sincerely, - F177Z & SHIPMAN, INC~'~ ~OF T~~~,~~ ~ ~ c, ~ h ~l I .o2~P~"'",a"~'r4s~. Michelle Falgout, P.E. For the Finn CC: Charles Shajari, City of Port Arthur MDF/blp c a Q:NROJECTSW6289 PAtSDWash Elnn\rvatulinc eng certitiration.doc - 1405 Cornerstone Court• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Lflnd Surveyors Pirm No..100186 0 e EXHLBIT B ,. CONTRACTOR'S CERTIFICATE AND RELEASE FROM: LIMA UTILITY 5480 Washin ton Blvd. Suite 8 Beaumont Tx 77707 (Name of Contractor) TO: The Ci of Port Arthur (Local Public Agent) , REFERENCE CONTRACT NO 08808-05 ENTERED INTO THE DAY OF July 29 2009 _, BETWEEN THE DANIELS BUILDING AND CONSTRUSTION, INC. - PAISD OF JEFFERSON COUNTY, TEXAS AND CIMA UTILITY ` (Name of Company) . OF 5480 Washin ton Blvd. Suite 8 Beaumont Tx 77707 STATE (CITY) ( ) FOR THE. 8' Public Water Line serving new Washington Elementary School (Name of Operations) OF THE PAISD Washington elementary school Port Arthur, Texas (Name of Project). 08808-05 - (Project No.) , LOCATED IN THE CITY OF PORT ARTHUR, TEXAS KNOW ALL MEN BY THESE PRESENTS:. 1. The undersigned- hereby certifies that there is due from and' payable by the Local Public Agency to the Contractor under the contract and duly approved Change Orders and modifications the balance of Zero , 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 grid owing. by the City to the Contractor; (b) Page 1 of 3 (~) (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 orders numbered N/A 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. 4. Except for the amounts stated under paragraphs 1 and 2 hereof, the undersigned has received from the City of Port Arthur all sums of money payable to the undersigned under or pursuant to the above mentioned contract or any mod cation or change thereof. ~ s 5. That in consideration of the payment of the amount stated in paragraph 1 hereof the undersigned does hereby release the City of Port Arthur from any and all claims arising under or by virtue of this contract, except the amount:listed in paragraph 2 hereof; provided, however, that if for any reason the City of PortArthur does not pay in full the amount stated in paragraph 1 hereof, said deduction shall not affect the validity of this release, butthe amount so deducted shalt 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 amountwhich may be deducted from paragraph 1 hereof, he will release the City of PortArthur from any and all claims of any nature whatsoever arising out of said contract or modfication thereof, and will execute such further releases or assurances as the City of Port Arthur may request. IN WITNESS WHEREOF, the undersigned has signed and'sealed this instrument this 30~h day of March , 2010 CIMA UTILITY (SEAL) (Contractor) ~'~~ `7/.cam ~~~~' ~~~a-- (Signature and Title of Officer) Page 2 of 3 Fabian T Move ,being first duly sworn on oath, deposes and says, (Affiant) first that he is the ~ Vice President of the Company (Title) (LIMA I1TII ITY (Name of Company) second, that he has read the foregoing certificate by him subscribed as Vice President of the (Title) CIMA UTILITY (Name of Company) Affiant furtherstates that the matters and things sfated herein are true. ~~ , Fabian T. Mbye Subscribed and sworn to before me this 30th day of March 2010, #. My commission expires mr..,.0„ z~, Z.bll ' (Date) (Noary -- yµe"• ~, ELIZABElHA810CK _ MYCCMAgSStCN EXFlpES Page 3 of 3 EXIIIBI~' C CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM:. CIMA UTILITY 5480 Washinqton Blvd. Suite 8 Beaumont, Tx 77707 (Name of-Contractor) TO: City of Port Arthur (Local Public Agent) REFERENCE CONTRACT NO, 08808-05 .ENTERED INTO THE' 2g'" DAY OF July 2009 ,BETWEEN THE DANIELS BUILDING AND CONSTRUSTION, INC. - PAISD OF JEFFERSON. COUNTY, TEXAS AND CIMA UTILITY OF 5480 Washinqton Blvd Suite 8 Beaumont Tx 77707 (CITY) (STATE) FOR THE 8" Public Water Line serving new Washinqton Elementary School (Name of Operations) OF THE PAISD -Washinqton elementary school Port Arthur, Texas (Name of Project) LOCATED IN THE CITY OF PORT ARTHUR, TEXAS: KNOW ALL MEN BY THESE PRESENTS: 1: CIMA UTILITY 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 improperworkmanship,avd against injuryfi•om properand 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 6y the _CIMA°UTILITY_certificate. This Certificate is given in connection of the final payment under the contract between the City of Port Arthur and N/A 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. Page 1 of 2 . IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument. this 30`h " day of March , 20 10 (SEAL) (Vice-President) (Signature and T~ a of Officer) Fabian T. Move ,being first duly sworn, on oath, deposes and says, (Affiant) first, that`he is the. Vice President of the (Title) ' CIMA UTILITY (Name of Company) second, that he has read the foregoing certificate by him subscribed as Vice President of the -company (Title) CIMA UTILTY _ (Name of Company) Affiant further states that the matters and things stated hereiri are true: (Affiant) Subscribed and sworn to before me this 30th day of -March , 2010 My commission expires ma.cln 2~,'Zo 11 , (Date) .'~^`"' (Notary) ,~ ~ `"~` EuzaaErHa eux~c MY COMMISSION EI(PIRES Page 2 of 2 Y s CERTIFICATE OFACCEPTANCE FOR Construction of the Public Water System to Serve the PAISD Washington Elementary School IN THE CITY OF PORT ARTHUR, TO: CIMA Utility &PAISD Gentlemen: This is to certify that the City of Port Artliur, Texas, accepts the public water system for the above development on the basis of the Engineer's Certificate of Completion by Fittz & Shipman Consulting Engineers and Land Surveyors, Inc., the Contractor's Certificate of Guazantee, and the Contractor's Certificate and Release, executed by Fabian T. Moye, Vice President, ofCIMA Utility. Stephen Fitzgibbons City Manager ATTEST: Tem Hanks City Secretary