HomeMy WebLinkAboutPR 19864: APPROVAL OF CHANGE ON, CLOSEOUT CONTRACT AND RELEASE RETAINAGE (.lry of
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INTEROFFICE MEMORANDUM
Date: August 04, 2017
To: The Honorable Mayor and City Council
Through: Brian McDougal, City Manager
From: Ronald K McElhose, General Manager, PAT i
RE: P.R. NO. 19864 Approval of Change 01, closeout contract and release retainage
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
approve Change Order O 1 in the amount of$29,640.00, increasing the contract to the new total
of$180,054.00, for the construction of the parking pad and drainage system for Transit
Administration Building. Closeout the contract and release the retainage in the amount of
$18,054.00.
Background:
Simco Enterprises Ltd. has submitted an application in the amount of$18,054.00 for the
completion of parking pad and the drainage system.
Budget Impact:
100%reimbursable-401-1509-561.82-00
Recommendation:
Recommend that the Proposed Resolution No. 19864 be approved for the completion of the
construction at Transit Administration Building parking pad and drainage system.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R.No.19864
07/25/17
CN/HT
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND SIMCO ENTERPRISES LTD, INCREASING THE
CONTRACT AMOUNT BY $29,640.00 TO A NEW CONTRACT TOTAL
OF $180,540.00; AUTHORIZING THE ACCEPTANCE OF THE
ENGINEER'S CERTIFICATE OF COMPLETION, THE CONTRACTOR'S
CERTIFICATE OF GUARANTEE AND CERTIFICATE OF RELEASE
FOR THE FINAL PAYMENT AND RELEASE OF RETAINAGE IN THE
AMOUNT OF $18,054.00 FOR THE TRANSIT ADMINISTRATION
BUILDING PARKING PAD AND DRAINAGE SYSTEM IMPROVEMENT
PROJECT. FUNDS AVAILABLE IN TRANSIT ACCOUNT NO. 401-1509-
561.82-00
WHEREAS, per Resolution No. 17-014, the City entered into a contract with Simco
Enterprises, LTD, of Groves, Texas, for the construction of a parking pad and drainage system
improvements for the new Transit Administration Building; and,
WHEREAS, Arceneaux Wilson & Cole recommend approving proposed Change Order
No. 1, (attached hereto as Exhibit"A") due to unforeseen conditions and hidden costs, additional
items were needed to complete the construction of a parking pad and drainage system
improvements; and,
WHEREAS, the Transit Department has also received for the project, an Engineer's
Certificate of Completion from Arceneaux Wilson & Cole, a Contractor's Certificate of
Guarantee and Certificate and Release from Simco Enterprises, Ltd., certifying that the project
has been completed satisfactorily(attached hereto as Exhibit"B"); and,
WHEREAS, Arceneaux Wilson & Cole recommend the release of retainage and final
payment be made to Simco Enterprises, Ltd in the amount of $18,054.00 (attached hereto as
Exhibit"C").
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
P.R. 19864
07/25/17 CN
THAT,the facts and opinions in the preamble are true and correct.
THAT, The City Council authorizes the City Manager to execute Change Order No. 1
increasing the contract amount by $29,640.00 to a new contract total of$180,540.00, authorizing
the acceptance of the Engineer's Certificate of Completion, Contractor's Certificate of
Guarantee, Contractor's Certificate of Completion and the final payment and release of retainage
in the amount of$18,054.00.
THAT, the parking pad and drainage system improvement project was through a 100%
reimbursable rate by the Federal Transit Administration (FTA) pursuant to the Texas Department
Transportation (TXDOT)Project Grant Agreement, Section 5339 Federal Bus and Bus Facilities
Program.
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 August, A.D. 2017 at a
meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor: •
COUNCILMEMBERS: ;
•
NOES:
Mayor
P.R. 19864
07/25/17 CN
ATTEST:
City Secretary
APPROVED • S TO FORM:
Vai
City Attorney 40
APPROVED FOR ADMINISTRATION:
City Manager
Director of Transit
APPROVED AS TO AVAILABILTY OF FUNDS:
401-1509-561.82-00
Director of Finance
I ro Wit44,1,
Purchasing Manager
P.R. 19864
07/25/17 CN
Exhibit "A"
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M ARCENEAUX WILSON&COLE
er•gtneering i surveying!Plann(ng
CHANGE ORDER No. 1
DATE: July 11, 2017 JOB NO. CPA-920
AGREEMENT DATE: July 29, 2014
NAME OF PROJECT: Port Arthur Transit Building Parking Lot and Drainage
Project
OWNER: CITY of PORT ARTHUR
CONTRACTOR: Simco Enterprise, LTD.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Add/Delete to Adjust the following Bid Items to actual quantities used:
a. Decrease 10 Ton., Limestone Base
($26.50/Ton) S (265.00)
b. Additional 75-foot x 13-foot Concrete
($10,460.00/L.S.) $ 10,460.00
c. Install 90 L.F., 2" Conduit for Electric Gate
($13.33/L.F.) $ 1,200.00
d. Relocate 35 L.F.,2" Gas Vent Pipe
($25.00/L.F.) $ 875.00
e. Remove Existing Sidewalk
($650.00/L.S.) $ 650.00
f. Additional Concrete -Side of Transit Building
($16,120.00/L.S.) $ 16,120.00
g. Remove Chain Wall
($600.00/L.S.) $ 600.00
TOTAL $ 29,640.00
409.724.788E
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com 10194040
a
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CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE: $150,900.00
CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S):
$150,900.00
The CONTRACT PRICE due to this CHANGE ORDER will be [increased]
[decreased]
by: $29,640.00 Dollars
The new CONTRACT PRICE, including this CHANGE ORDER, will be $ 180540.00
CHANGE TO CONTRACT TIME:
ORIGINAL CONTRACT TIME: 100 Calendar Days
CURRENT CONTRACT TIME adjusted by previous CHANGE ORDERS: 0 Calendar Days
CURRENT DATE OF COMPLETION: June 6,2017
CONTRACT TIME due to this CHANGE ORDER will be increased by 10 Days
The New DATE OF COMPLETION: June 16, 2017
No other Terms and Conditions of the Contract are changed as a result of this
Change Order. Contractor's acceptance of Change Order relieves OWNER of
any liability for additional costs incurred by Contractor in his performance of the
work covered by the Change Order.
RECOMMENDED BY ENGINEER: ACCEPTED BY..
/041(--4 ^e4-
ARCENEAUX WILSON &COLE LLC [CONTRACTOR,OFFICER OR OWNER]
SIMCO ENTERPRISES, LTD.
ACCEPTED BY'
CITY of PORT ARTHUR
P.R. 19864
07/25/17 CN
Exhibit "B"
ENGINEER'S CERTIFICATE OF COMPLETION
Project: PORT ARTHUR TRANSIT BUILDING PARKING AND DRAINAGE PROJECT
Date Of Issuance:JULY 17, 2017
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA-920, Contract No. 1
Engineer: ARCENEAUX WILSON & COLE LLC
Contractor: SIMCO ENTERPRISES, LTD.
This Engineer's Certificate of Completion applies to all Work under the Contract
Documents or to the following specified parts thereof:
TO CITY OF PORT ARTHUR
[OWNER]
AND TO SIMCO ENTERPRISES, LTD.
[CONTRACTOR]
The Work to which this Certificate applies has been inspected by authorized
representatives of Owner, Contractor and Engineer, and that Work is hereby
declared to be complete in accordance with the Contract Documents on
JUNE 6,2017
DATE OF COMPLETION
Executed by Engineer on cJefi7e O/7 , 2017
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RCENEAUX SON&COLE LLC [SEAL]
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ENGINEER'S CERTIFICATE OF COMPLETION
Project: PORT ARTHUR TRANSIT BUILDING PARKING AND DRAINAGE PROJECT
Date Of Issuance:JULY 17, 2017
Owner(s): CITY OF PORT ARTHUR
Owner's Project No.: CPA-920, Contract No. 1
Engineer: ARCENEAUX WILSON & COLE LLC
Contractor: SIMCO ENTERPRISES, LTD.
This Engineer's Certificate of Completion applies to all Work under the Contract
Documents or to the following specified parts thereof:
TO CITY OF PORT ARTHUR
[OWNER]
AND TO SIMCO ENTERPRISES, LTD.
[CONTRACTOR]
The Work to which this Certificate applies has been inspected by authorized
representatives of Owner, Contractor and Engineer, and that Work is hereby
declared to be complete in accordance with the Contract Documents on
JUNE 6,2017
DATE OF COMPLETION
Executed by Engineer on , 2017
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BY
ENEAUX WIL &COLE LLC [SEAL]
1/1
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CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: SIMCO ENTERPRISES, LTD.
TO: CITY OF PORT ARTHUR
FOR: PORT ARHTUR TRANSIT BUILDING PARKING AND DRAINAGE PROJECT
REFERENCE CONTRACT NO. CPA-920 Di Contract No. 1 ENTERED INTO THE 27TH
DAY OF FEBUARY 2017 , BETWEEN THE CITY OF PORT ARTHUR
AND SIMCO ENTERPRISES, LTD.
OF GROVES, TEXAS
FOR: PORT ARHTUR TRANSIT BUILDING PARKING AND DRAINAGE PROJECT
KNOW ALL MEN BY THESE PRESENTS:
1. SIMCO ENTERPRISES, LTD. 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 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 the contract
between the Owner and SIMCO ENTERPRISES, LTD. and with the knowledge that
1/2
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 14th day of July , 20 17
[CORPORATE SEAL] SIMCO ENTERPRISES, LTD.
(Contractor)
BY: M41 a .4-
Mark
Simon , being first duly sworn on oath, deposes and says,
first that he is the Executive Vice President
second, that he has read the foregoing certificate by him subscribed as Exec.Vice President
of SIMCO ENTERPRISES, LTD.
Affiant further states that the matters and things stated herein are true.
• 411, ;
(Affiant)
Subscribed and sworn to before me this day of
JU , 2017
My commissiQrb ' , An?_,tk_ 2 {, 2b2b
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1 P
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CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: SIMCO ENTERPRISES, LTD.
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-920 [11, Contract No. 1 ENTERED INTO THE 27TH
DAY OF FEBUARY 2017 , BETWEEN THE CITY OF PORT ARTHUR
AND SIMCO ENTERPRISES, LTD.
(Name of Contractor)
OF GROVES TEXAS
(City) (State)
FOR THE PORT ARHTUR TRANSIT BUILDING PARKING AND DRAINAGE PROJECT
(Name of Project)
KNOW ALL MEN BY THESE PRESENTS:
1. 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
Seventy Nine Thousand Six Hundred Forty One Dollars and Zero Cents ($ 79,641.00 )
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 and owing by the Owner to the Contractor:
(a)
(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 1 , 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 were in conformity with the contract
provisions relating to said wage rates.
1
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 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 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.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this 14th day of July , 20 17
[SEAL] SIMCO ENTERPRISES, LTD.
(Contractor)
BY: in / L-
(Signature and Title of Officer)
Mark Simon , being first duly sworn on oath, deposes and says, first,
(Affiant)
that he is the Executive Vice President of SIMCO ENTERPRISES, LTD.
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as Exec V President
(Title)
of SIMCO ENTERPRISES, LTD.
(Name of Company)
Affiant further states that the matters and things stated herein are true
2
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"LiOt- F31-22(---
(Affiant)
Subscribed and sworn to before me this 14 day of
Tv Ly , 2017 .
My commission expires AP (L 24 2026
(Date)
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P.R. 19864
07/25/17 CN
Exhibit "C"
.7êavx. ARCENEAUX WILSON&COLE
engineering I surveying I planning
July 17, 2017
Mr. Clifton Williams, CPPB
Purchasing Manager
C/TY OF PORT ARTHUR
444 Fourth Street
Port Arthur, Texas 77641
RE RECOMMENDATION for FINAL PA YMENT and RELEASE of RETAINAGE
Transit Facility Parking Lot
Job No. CPA-920
Dear Mr.Williams:
Attached for your records are the project completion documents for the Transit
Facility Parking Lot Project. These documents include the Engineer's Certificate of
Completion, Contractor's Certificate of Guarantee and the Contractor's Certificate
of Release.
These documents were executed showing a balance due the Contractor from the
City. This balance is the retainage withheld from the monthly estimates as well as any
payments due from completion of work. As stipulated in the contract documents the
retainage for this project is ten percent (10%) of the work completed and billed. It is
our recommendation that the retainage held by the City be released to the
Contractor and final payment made. This will result in a final payment to Simo
Enterprise, LTD.from the City of Port Arthur in the amount of Seventy-Nine Thousand
Six Hundred Forty-One Dollars and Zero Cents ($79,641.00). Should you have any
questions or require further information please do not hesitate to contact me at 409-
724-7888.
Sincerely,
Keestan "ole, P.E.
Vice President
Attachments: Engineer's Certificate of Completion
Contractor's Certificate of Guarantee
Contractor's Certificate and Release
Change Order No.1
Invoice No.3
Invoice No.4
Final Pay Invoice No.5
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
ARCENEAUX WILSON&COLE
engmeenng I swveymg I planning
LETTER OF TRANSMITTAL
DATE: July 18, 2017 PROJECT NO.: CPA-920
TO: City of Port Arthur ATTENTION: Mr. Cliff Williams, CPPB
444 4th Street
Port Arthur, TX 77641 RE: Transit Facility Parking Lot
WE ARE SENDING YOU Attached Under Separate Cover Via:hand delivered The following items:
Memo Monthly Invoice Plans Construction Documents
1 Letter Change Order No. Form ✓ Other Final Pymt & Release
COPIES DATE DESCRIPTION
1 07/18/2017 Letter for Final Payment&Release of Retainage
1 07/18/2017 Engineers Certificate of Completion
1 07/18/2017 Contractors Certificate of Guarantee
1 07/18/2017 Contractor's Certificate of Release
THESE ARE TRANSMITTED as checked below:
For approval Approved as submitted Resubmit copies for approval
For your use Approved as noted n Submit copies for distribution
nAs requested n Returned for corrections n Submit corrected prints
For review and comment n Execute and return original
RECEIVED BY:
COMMENTS:
COPY TO: SIGNED: Melanie Theriot
409.724.7888
2901 Turtle Creek Dr.,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 101940 49
Simco Enterprises, Ltd. Invoice
3101 Main Avenue
Groves,TX 77619 Invoice No. 29067-A
USA
Telephone: 409-962-8593 Customer No. POR001
Bill To Job Information
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
P.O.BOX 1089 P.O. BOX 1089
ATTN: TRANSIT ATTN: TRANSIT
PORT ARTHUR,TX 77641-1089 PORT ARTHUR,TX 77641-1089
Contact: CLIFTON WILLIAMS Contact: CLIFTON WILLIAMS
Telephone: 409-983-8160 Telephone: 409-983-8160
E-mail: clifton.williams@portarthurtx.gov E-mail: clifton.williams@portarthurtx.gov
Requisition#Invoice Date Due Date Payment Method Customer PO Number Ordered By
FINAL/RETA 6/30/2017 07/30/17 30 DAYS 207912 Clifton Williams
Description Amount
SIMCO PO# 01703
CITY OF PORT ARTHUR TRANSIT PARKING LOT
TOTAL CONTRACT AMOUNT: $ 150, 900.00
APPROVED CHANGE ORDERS: $ 29, 640.00
TOTAL REVISED CONTRACT AMOUNT: $ 180, 540.00
TOTAL AMOUNT WORK DONE TO DATE: $ 180, 540.00
PREVIOUS PAYMENTS: $ 162, 486.00
AMOUNT DUE CONTRACTOR: $ 18, 054 .00
Print Date 07/05/17 Total Paid 0.00 Subtotal 18,054.00
Print Time 03:14:06 PM Balance Due 18,054.00 Freight 0.00
Page No. 1 Due Date 07/30/17
Printed By:Linda
Invoice Total 18,054.00
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