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HomeMy WebLinkAboutPR 21357: FUEL STATION CLOSE OUT City of Port Arthur Transit Department Memorandum To: Ronald Burton,City Manager Cc: Clifton Williams,Procurement Manager From: Ivan Mitchell,Transit Director Date: April 14,2020 Re: P.R 21357—Fuel Station Closeout and Retainage Release Nature of Request: Authorize the City Manager to accept the Engineer's Certificate of Substantial Completion,Contractor's Affidavit of Payment of Debts and Claims,Final Payment Affidavit, Contractor's Certificate of Warranty,Contractor's Certificate and Release,and Change Order No.1, and approve the release of retainage in the amount of$10,800.00 to DNB Enterprise,Inc.of Houston, Texas for Port Arthur Transit's(PAT)Fuel Station Project. Background: Pursuant to Resolution No. 19-328, City Council awarded a contract to DNB Enterprises, Inc. of Houston, Texas to furnish and install a new 10,000 gallon split double wall tank with new piping, fuel management system and single hose diesel fuel dispenser at PAT's propane station. PAT will continue utilizing gasoline and diesel vehicles therefore; the infrastructure to fuel them will be relocated to the propane station. The propane station has a canopy, lanes, electrical system, and island to fuel vehicles. PAT issued a Request for Proposal (RFP) for qualified vendors to submit proposals to furnish and install a new 10,000 gallon split double wall tank with new piping, fuel management system and single hose diesel fuel dispenser. Recommendation: It is recommended that the City Council approve proposed P.R. 21357. This resolution would authorize the City Manager to execute on behalf of PAT Change Order No. 1, release the retainage in the amount of $10,800.00 and authorize the Engineer's Certificate of Substantial Completion for the completion of the Transit Fuel Station Project. Budgetary/Fiscal Effect:Funding to pay for this capital project is budgeted in PAT's capital budget. P.R. No. 21357 04/14/2020 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND DNB ENTERPRISE, INC. OF HOUSTON, TEXAS DECREASING THE CONTRACT AMOUNT BY $500.00 TO A NEW CONTRACT AMOUNT OF $216,000.00, AND AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION, ENGINEER'S CERTIFICATE OF APPROVAL, CONTRACTOR'S AFFIDAVIT OF PAYMENTS OF DEBTS AND CLAIMS, FINAL PAYMENT AFFIDAVIT, CONTRACTOR'S CERTIFICATE OF WARRANTY, AND THE CONTRACTOR'S CERTIFICATE AND RELEASE FOR PORT ARTHUR TRANSIT'S FUEL STATION PROJECT AND EXECUTE THE CERTIFICATE OF ACCEPTANCE AND APPROVE THE RELEASE OF RETAINAGE TO IN THE AMOUNT OF $10,800.00; FUNDS AVAILABLE IN ACCOUNT 401-1509-561-82-00. WHEREAS, pursuant to Resolution No. 19-328, the City Council awarded a contract to DNB Enterprises, Inc. of Houston, Texas to furnish and install a new 10,000-gallon split double wall tank with new piping, fuel management system and single hose diesel fuel dispenser at Port Arthur Transit's (PAT) propane station; and, WHEREAS, the proposed Change Order No. 1 (Exhibit "A") consists of decreasing the contract by $500.00 from $216,500.00 to a new contract total of$216,000.00; and, WHEREAS, DNB Enterprises, Inc. has completed the contracted project to the satisfaction of the project engineer and PAT; and, WHEREAS, PAT has received the following contract documents and made a part hereof the Engineer's Certificate of Substantial Completion, Engineer's Certificate of Approval, Contractor's Affidavit of Payment of Debts and Claims, Final Payment Affidavit, Contractor's Certificate of Warranty, and the Contractor's Certificate and Release executed by DNB Enterprise, Inc.; and, (Exhibit"B"); and, WHEREAS, the release of retainage for the project is 5% of the work completed and billed in the amount of$10,800.00 for DNB Enterprises, Inc. 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. THAT, the City Manager is hereby authorized to execute on behalf of PAT Change Order No. 1 (Exhibit "A") and the Engineer's Certificate of Substantial Completion for the completion of the Transit Fuel Station Project; and, P.R. No. 21357 04/14/2020 IM THAT, the City Manager is hereby authorized to execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit "C") for the competition of the Transit Fuel Station Project; and, THAT, the City Manager is hereby authorized to release the retainage in the amount of $10,800.00; 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 A.D. 2020 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: • ,jz Val Tizeno, C } wney P.R. No. 21357 04/14/2020 IM APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-1509-561-82-00 AM ()JD l'<U1/ZJ ,_ V Ronald Burton Kandy Daniel City Manager Interim Director of Finance eJL,L Clift Williams, CPPB Ivan Mitchell Purchasing Manger Transit Director P.R. No. 21357 04/14/2020 IM Exhibit "A" EJCDC E14MIQ10NMrywefls ' POCIA err Comma Change Order No. Date of Issuance: Effective Date: Owner: City of Port Arthur Transit Owner's Contract No.: P19-065 Contractor: DNB Enterprises,Inc. Contractor's Project No.: Engineer: Soutex,Inc. Engineer's Project No.: 18-1163 Project install Transit Fueling Station Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Omit line item#8"Relocate wood building"$500.00 Attachments:NONF CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES )note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: __3119j2020__-�______� $ 216,560.00 _ Ready for Final Payment: days or dates [Increase) [Decrease) from previously approved Change [Increase)(Decrease]from previously approved Change Orders No. to No.___: Orders No.__— to No. : Substantial Completion: N1A $—_ N/A Ready for Final Payment: days Contract Price prior to this Change Order: { Contract Times prior to this Change Order: Substantial Completion: NLA $. 216,500.00 j Ready for Final Payment: days or dates [ [Increase](Decrease]of this Change Order: [Increase][Decrease]of this Change Order: Substantial Completion: N/A $ 500.00 Ready for Final Payment: _,— days or dates _ Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: NIA._..._____ $ 216,000.00 Ready for Final Payment: s or da/ s 1 RECON ! D: ACCEPTED: CEP • �'.- Sr-4- -4----By: By: ff n eer(if required), Owner(Authorized Signature) n or(Authorized Signature) Title �rtv'f._ Title Title /lPd/Q .__. Date: Date Dat '/7 erV Approved by Funding Agency(if applicable) By: Date: Title: ._-_-- -- EJCDC C-941,Change Order. Prepared and published 1013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 EJCDC= DDCLNCMts COuu�i1EC CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: City of Port Arthur Transit Owner's Contract No.: P 18-065 Contractor: DNB Enterprises,Inc. Contractor's Project No.: Engineer: Soutex Inc. Engineer's Project No.: 18-1163 Project: Install Transit Fueling Station Contract Name: This final Certificate of Substantial Completion applies to: ® All Work ❑ The following specified portions of the Work: March 19.2020 Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor,and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows:[Note:Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor;see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: ® None LAs follows Amendments to Contractor's responsibilities: ®None Punch list items have been corrected. As follows: The following documents are attached to and made a part of this Certificate:[punch list;others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, n.r is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECLIT';i . ENGINE •: ECEIVED: ECEIVOra A 41r / 'Authorized ignature) Owner(Authorized Signature) .np (Authorized Signature) Title: i0.41•41/ £, I {re.or Title:�'A11\51� ')1're AUC Title "� Date: 4/Sj!7.457.45LJ Date: A - C-20 _— Date. Y- 1 -0119 EJCDC C-625,Certificate of Substantial Completion. ?repared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 TBPE Firm No.F•-5755 _ TBPt.S Firm No.1©123800 LA EF.0005711 --ir (i,k,4 ! ', ,% �. _� _ ,3737 Doctors Drive �.. , Port Arthur,Texas 77542 P. ,,, ,,," SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)983.2005 CONTRACTOR'S CERTIFICATE OF WARRANTY PROJECT: Jnstall Transit,Fueling Station P 19-056 _-.-- OWNER: City of Port Arthur- Transit SOUTEX NO: J8-176 STATE OF TEXAS, COUNTY OF JEFFERSON The below named contractor does hereby warrant that all labor and materials furnished, and work performed are in accordance with the documents and authorized modifications thereto and will be free from defects due to defective materials and workmanship for a period of one year from the Date of Completion. This warranty on this project _expires 365 days after C0_14.11cil approves the final Pay Application Should any defect develop during the warranty period due to improper materials or workmanship,the defect(s) shall be corrected at no expense to The Owner. Nothing in the above shall be der ed to apply to work which has been abused or neglected. CONTRACTOR: DN., E e. 0 ' e nc. SIGNATURE: e PRINTED NAME: I hJ 7/e — DATE: V- ! �J TBOE Firm No.F-5755 118P1.5 Firm Na 10123®00 LA EF,0005711 * 3737 Barton Drive Port Arthur,Texas 77642 $URVEYORS&ENGINEERS Office (400)983.2004 ~ ' Fax(409)9812005 CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ON B l (pr1 fe .-. 1 ,'7r., • TO: .(11 o ICC r AE be -- 77"4n i? FOR THE CONTRACT ENTERED INTO THE 6th DAY OF September _ 20 19 . BETWEEN City of Port Arthur- Transit _ (Owner) AND DNB Enterprises, Inc. —_. (Name of Contractor) OF Magnolia, Texas (City and State) PROJECT: Install Transit Fueling Stadion SOUTEX PROJECT NO.: 18-1163 KNOW ALL MEN BY THESE PRESENCE: 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: $11,281.25, (Pay App #4) and $10,800.00 (Pay App #5 and Final), for a Total of$22,081.25 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 aria owing by the Owner to the Contractor: _None. 3. The undersigned further certifies that all work required under this contract including all Change Orders,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 contact provisions relating to the said wage rates. 4. Except for the amount stated under Paragraphs 1 and 2 hereof, the undersigned has received from the Owner all sums of money payable to the undersigned under, or oursuant to,the above-mentioned contract or any modification 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 mcdification 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 I`� 1 day of _'_ 1_ — , 20 020 �� DNnterpris'/Inc. (Con By: 4 ( pr.. E((2 p ,being first duly sworn on ..th, deposes and says, first,that he is the of Iv DNB Enterprises, Inc. (Title) (Name of Contractor) Second, that he has read the forgoing certificate by him subscribed as (Title) of DNB Enterprises, Inc. (Name of Contractor) Affiant further states that the matters and things stated herein . / true. / f Subscribed and sworn to before me this JL j1 d of ;do ;1 20 ,LD/.() My commission expires [49 j2 } ,9-09-3 • (Date) �• LAUREN WEIR ' 410 (Notary Public) ` '�s Seal: 4; /��';. Notary ID#132022032 II A.A."- My Commission Expires May 21, 2023 TBPE Firm No.F-5755 TBPL5 Firm No.10123800 LA EF.0005711 ,3737 Doctors Drive OUTEX Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)983.2005 ENGINEER'S CERTIFICATE OF APPROVAL I Stanley G. Newsome.Jr, of the firm of Soutex Surveyors & Engineers, a registered professional Engineer in the State of Texas, and project engineer for City of Port Arthur- Transit. of Pert Arthur , Texas, for certain improvements consisting of install Transit Fueling Station, do hereby certify that I have inspected the above referred to improvements and find the same accomplished to the best of our knowledge according to approved plans and specifications and/or duly authorized change orders. DNB,l:nterprses,..t►ic., of Magnolia_, Texas, is the prime contractor on this job. A final inspection of the project was completed March 1.9,2020. DO HEREBY APPROVE THE ABOVE REFFERED TO IMPROVEMENTS, AND RECOMMEND APPROVAL TO THE Transitj2irector of the City of Port Arthur f Dated this the day of Apt-I/ , 20 2 . Respectfully submitted, Stanley G. Newsome Jr. (Name of Engirr: pleasecrint) (Signa 1.40 ACCEPTED: This t 'da f ,f //ArIl C , 20 \',1 (4#.••••ft' Xq$ gignature)� 'i — ��lpE (Title) lt,.•� .• X13 mayy. ?k,� tt,�FES51i �.. TBPE Firm No.F-5755 TBPLS FIrm No.10t23800 LA EF.000sm i ,�` _ w-�} "" - 13.737 Doctors Drive '�Cl'� } X+ •gib.-wan Port Arthur,Texas 77642 ,, SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)9832005 FINAL PAYMENT AFFIDAVIT PROJECT: install Transit Fuetinyr Station Pl 9-06 OWNER: City of Port Al rth ur- Transit SOUTEX NO: Z8-1163 CERTIFY:That the work under the above named contract, including all amendments thereto, save been satisfactorily completed;that all the charges or bills for labor or services performed or materials furnished, and other charges against the project, including those by subcontractors, have been paid in full and in accordance with the terms of the contract, that no liens have attached against the property and improvements of Owner by any of the aforementioned on the account of below named Contractor; that no suits are pending by reason of work on the oroject under the contract; that all Workmen's Compensation claims have been settled and that no public liability claims are pending. 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O O G OO C N (A to, En t, VI En CC) 09 CO (n V) fn CO (A Cil (A IA (13 N Cl) En f/) CP CO N m m o D m o 2 -- o D 0 I 0 TBPE Firm No. F-5755 4 TBPLS Firm No.10123800 eft ,: ,�, ' ... t,'- -.A—. r-y y LA EF.000sm `�� k ,fr _.:C � � M ,k t ,3737 Doctors Drive Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office( )993.2004 Fax (409)9832005 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS PROJECT: Install Transit Fueling_Statioo ,P-I9-065 OWNER: City of Port Arthur- Transit SOUTEX PROJECT NO.: 1g-j ie STATE OF TEXAS, COUNTY OF JEFFERSON The undersigned hereby certifies that except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished,for work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner's property might in any way be held responsible or encumbered. Exceptions: _Alone Contractor: t • . r , ' , Signature: _ Aler Printed Name: /641 x;' 74 -_ _- Date: (J/� Sworn to and subscribed before me, a Notary LAUREN WEIR Dublic This , day of !'(l ,r Notary ID#132022032 WAY. My Commission Expires ,-r ss. May 21" 2023 20 ,M . ary 'ublic My commission expires: M(,( P.R. No. 21357 04/14/2020 IM Exhibit "C" CERTIFICATE OF ACCEPTANCE FOR COMPLETION OF DNB ENTERPRISE, INC. TO FURNISH AND INSTALLING A NEW 10,000-GALLON TANK WITH NEW UPDATED PIPING FUEL MANAGEMENT SYSTEM FOR TRANSIT FUELING STATION. TO: DNB Enterprises, Inc. This is to certify that the City of Port Arthur, Texas accepts the completion of installing a new 10,000-gallon tank with new updated piping fuel management system for Transit Fueling Station, on the basis of the Engineer' s Soutex Surveyors Certificate of Completion as executed by Stanley G. Newsome; and the Contractor' s Certificate of Guarantee and Contractor' s Certificate and Release, both as executed by Tom Weir of DNB Enterprises, Inc. Ronald Burton, City Manager ATTEST: Sherri Bellard, City Secretary