HomeMy WebLinkAboutPR 11752:PROCTER ST. WATER TANKTO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
Steve Fitzgibbons, City Manager
Kelly Eldridge, Assistant Director of Utility Operations
April 23, 2002
Proposed Resolution No. 11752
RECOMMENDATION:
COMMENTS
I recommend that the City Council approve Proposed Resolution No. 11752 accepting a Certificate of
Completion, Certificate of Guarantee for improvements and repainting of the Procter Street Extension
Elevated Water Tank and approving final payment of $29,103.00.
BACKGROUND:
In November of 2001 the City Council approved and awarded this project to D & W Contractors, Inc. The
contract included improvements and repainting of' the elevated water storage tank. The engineer has
certified completion and recommended final payment of $29,103.00 (including release ofretainage). The
final contract amount is S 152,647.00. This contract was completed below the original contract amount.
BUDGET/FISCAL EFFECT:
Funds for this final payment are available in account no. 419-1622-531.85-00, Project No. 419102.
STAFF/EMPLOYEE EFFECT:
Nolle.
SUMMARY:
App 'ova of Proposed Resolution No.l 1752 is recommended.
"Remember, we are here to serve the citizens of Porldlrlh~o"
P. R. No. 11752
04/23/02 - Id
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE AND
CONTRACTOR'S CERTIFICATE OF GUAKA. NTEE ON THE PROCTER STREET
EXTENSION ELEVATED WATER TANK IMPROVEMENTS AND APPROVING
FINAL PAYMENT OF $29,103.00 TO D & W CONTRACTORS, 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. 419102.
WHEREAS, the City has received a Certificate of Completion, dated April 8, 2002, from
Don S. Reichle & Associates, 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 April 4, 2002, and executed by Wayne Culver, President olD & W
Contractors, Inc., copies attached hereto and made a part hereof as Exhibits "B" and "C", certifying
that the project has been completed; and,
WHEREAS, it has been recommended by Don S. Reichle & Associates, Inc. that final
payment should be made to D ~ W Contractors, Inc. in the amount of Twenty-nine Thousand One
Hundred Three and 00/100 Dollars ($29,103.00);
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 is hereby attthorized to execute, on
behal£ofthe City of Port Arthur, a Certificate of Acceptance for the improvements made to the
Procter Street Elevated Water Tank, copy attached hereto and made a part hereof as Exhibit
and,
THAT, the final contract amount is One Hundred Fifty-two Thousand Six Hundred Forty-
seven and 00q00 Dollars ($152,647.00); and,
P.R. No. 11752
04-23-02 DS/Id
Page 2
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
2002 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the tbllowing
vote:
AYES: Mayor
Councilmembers
NOES:
Mayor
ATTEST:
Jan Stroder
Acting Git>' Secretary
APPROVED AS TO FORM:
Mark Sokolo~v
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
I~113~ E{d~ic~ge
Assistant Director of Utility Operations
DON S. REICHLE & ASSOCIATES, INC.
Tank Consulting Engineers
April 8, 2002
Mr. Dan Shepard, Director Of Utility Operations
CITY OF PORT ARTHUR
P. O. ]]ox 1089
Port Arthur, Texas 77641-108
Exhibit
P. R. NO. 11752
Page 1 of 1
5010 Jerry Ware Drive
Southeast Texas Regional Airport
Beaumont, TX 77705
OFFICE (409) 722-2242
FAX (409) 722-8596
EMAIL tankdoc~worldnet.att, net
Re:
Procter St. Extension Water Tank
Certificate Of Completion
Our 4081-III
Dear Dan,
On April 5, 2002, a final walk-through inspection was conducted on the Procter St.
Extension elevated water tank project.
Please be advised that all worh has been satisfactorily complete.d and accepted.
We hereby recommend the City make a final payment to D & W Contractors, Inc. in
accordance with the attached Status Report & Pay Estimate No. 5.
Also attached are the completed "Contractor's Certificate & Release", "Contractor's
Certificate Of Guarantee" and D & W Contractors' invoice 4/65632 in the amount of
$2~,103.00.
You are reminded that a First Anniversary Inspection is provided for in the Contract
Documents. We recommend that the City schedule and conduct this inspection
within one year of this April 8, 2002 Certificate Of Completion.
We have enjoyed working ~vith the City of Port Arthur and D & W Contractors, Inc.
on this important water tank project.
Sincerely yours,
~ Pres, Project Mgr.
cc: D & W Contractors, Inc.
Exhibit
P. R. No. 11752
Page 1 of 2
CONTRACTOR'S CEP~TiFICA~I2 ANI) RELEASE
FROM:
D & W CONTRACTORS, INC.
TO:
(Name of Contractor)
CITY OF PORT ARTHUR
(Local Public Agent)
REFERENCE CONTRACT NO: 419102(Resolution No. 01-323)
THE ./3~ DAY OF NOV., 2001 BETWEEN THE:
AND
OF
ENTERED INTO
CITY OF PORT ARTIIUR OF ~'f'~!2Z Di T CC~':O??,'L~Z, T~.2Lk~
D & W CONTRACTORS, INC.
Channelview Texas
(City) (State)
FOR TIlE REPAIR & PAINTING OF PROCTER ST. EXTENSION ELEVATED
WATER TANK LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW J~2~ B~,; Bx_.Y ~.r~IE, S~ PRESENTS:
The undersigned hereby certifies that there i: d~.:e f?om m:d payalfie by th~
Local Public Agency to the Contractor under the contract hnd duly approved
Change Orders and modifications the balance of $29,103.00
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 City to the Contractor.
(a) ~ o~ ~
(b) ~o~ v'
(c)
(Itemize clahns and amounts due)
(If none, so state)
The undersigned further certifies that all work required under this contract
including work required under change orders numbered i 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 ~vages arising out of the performance of this contract,
and that the wage rates paid by the Contractor and all Subcontractors xvere in
conformity with the contract provisions relating to said xvage rates.
Except fi~r the amounts stated under paragraphs 1 and 2 hereof, the
unde~'sig'ned has received from the City of Port -~rthur al! sums of money
payable to the undersigned under or pursuant to the above mentioned contract
or any modification or change thereof.
Page I of 2
DON S. REICHLE & ASSOCIATES
Exhibit
P. R. No. 11752
Page 2 of 2
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 Port Arthur 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 xvill 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 City of Port Arthur 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 City of
Port Arthur may request.
IN WIT1511~
this _~
(Signature
he undersigned has
, 20. 02 __.
(Seal)
, ~l~le o%ficer
WAYNE CULVERi PRESIDENT
(Affiant)
first, that he is the PRESIDENT
(Title)
second,
signed and sealed this instrument
, being first duly sworn on oath, deposes and says,
of D & W CONTRACTORS, INC.
(Name of Company)
that he has read the foregoing certificate by him subscribed as PRESIDENT
(Title)
of
D & W CONTRACTORS, INC.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
WAYNE CULVER
(Affiant)
Subscribed and sworn to before me this
DON S. REiCHLE & ASSOCIATES
Exhibit "C"
P. R. No. 11752
Page 1 of 2
CONTRACTOR'S CERTn~ICATE OF GUARANTEE
FROM:
TO:
D & W CONTRACTORS, INC.
(Name of Contractor)
CITY OF PORT ARTHUR
(Local Public Agent)
REFERENCE CONTRACT NO: 419102 (Resolution No. 01-323)
THE 13?H DAY OF NOV., 2001 BETWEEN THE:
AND
OF
ENTERED INTO
CI~']f OF POINT ART~-~ OF ~_,_..rcI~RSON COUNTY, TEXAS
D &W CONTRACTORS, INC.
Channelview Texas
(City) (State)
FOR THE REPAIR & PAINTING OF PROCTER ST. EXTENSION ELEVATED
WATER
__ LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW Al,l, MI~ BY TI~SE Pt[ESENTS:
D & W CONTRACTORS, 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 ~vithout cost to the
Owner such work as may be fom:d 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.
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 and D & W CONTRACTORS, 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
signed and sealed this
contained in this affidavit.
~(~WITNES-~S ' ~REOF, the und rsigned
,Q~r~~ day of~__, 20 02.has
(S~we ~[ of Office,'
Page I of 2
DON S. REICHLE & ASSOCIATES '
Exhibit
r. R. No. 11752
Page 2 of 2
Contractor's Certificate of Guarantee
WAYNE CULVER , being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the
PRESIDENT D & W CONTRACTORS, INC.
of
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as PRESIDENT
(Title)
of
D & W CONTRACTORS, INC.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
WAYNE CULVER
(Affiant)
ub~cz,bed and s~vorn to before me this A/. day of
,20
Page 2 of 2
DON $. REIGHLE &
Exhibit "D"
P.R. No. 11752
Page 1 of I
¢~R I'I I~I CA I'£ 01:
FOR
Procter Street Elevated Water Storage Tank Improvements
IN'
¢IIT OI~ PORr ARTHUR
TO: D & W Contractors, Inc.
Gentlemen;
This is to certify that the City'of Port Arthur, Texas, accepts the improvements to the Procter
Street Extension Elevated Water Tank, on the basis of the Contractor's Certificate of Guarantee
and the Contractor's Certificate and Release, executed by Wayne Culver, President, D & W
Contractors, Inc.
Steve Fitzgibbons
City Manager
ATTEST:
Carolyn Dixon, City Secretary