HomeMy WebLinkAboutPR 22412: LANDFILL PERMENENT SCALE INSTALLATION: PERRY CONTRUCTION CLOSE OUT DOCUEMNTS AND RELEASE OF RETAINAGE •
City of
ort rthu
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: March 21,2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
jOla/
From: Flozelle C. Roberts, EIT,MEng, MBA; Director of Public Work spp
RE: PR 22412: City of Port Arthur Municipal Landfill Permanent Sc Installation: Perry
Construction of Spring, Texas, Close Out Documents and Release of Retainage
Introduction:
The intent of this agenda item is to authorize the City Manager to accept the Close Out Documents and
release retainage in the amount of$14,648.80 from Perry Construction of Spring, Texas for the City of
Port Arthur Municipal Landfill Permanent Scale Installation.
Background:
Pursuant to Resolution No. 20-261, City Council authorized the City Manager to enter into a contract
with Perry Construction of Spring, Texas for the installation of a permanent scale at the municipal
Landfill for the amount of$267,125.00. Pursuant to Resolution No. 20-359, City Council approved
amending the original contract amount by $5,200.00 due to increased costs of concrete from
$267,125.00 to the new contract amount of$272,325.00. Pursuant to Resolution No. 21-002, City
Council approved increasing the original contract amount by $20,651.00 for the addition of three (3)
concrete piers from $272,325.00 to the new contract amount of$292,976.00.
The City of Port Arthur has also received Close Out Documents from Perry Construction of Spring,
Texas that includes the Certificate of Completion, establishing completion as of January 20, 2021,the
Contractor's Certificate and Release,the Contractor's Certificate of Warranty, and the Contractor's
Certificate of Debts Paid.
Perry Construction of Spring, Texas is also asking for release of retainage in the amount of$14,648.80.
"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
Budget Impact:
Funds are available in the Equipment Account No. 625-50-000-8522-00-00-000.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 22412 with Perry
Construction of Spring,Texas authorizing the City Manager to accept the Close Out Documents and
release retainage in the amount of$14,648.80.
PR 22412
3/21/2022 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND
RELEASE, CONTRACTOR'S CERTIFICATE OF WARRANTY, AND
CONTRACTOR'S CERTIFICATE OF DEBTS PAID TO THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND PERRY CONSTRUCTION OF
SPRING, TEXAS FOR THE INSTALLATION OF A PERMANENT SCALE AT
THE MUNICIPAL LANDFILL AND APPROVAL OF THE RELEASE OF
RETAINAGE IN THE AMOUNT OF $14,648.80 FROM THE LANDFILL
ACCOUNT NO. 625-50-000-8522-00-00-000.
WHEREAS, the City of Port Arthur Municipal Landfill needed a more accurate measuring
tool to determine the amount of waste material being received to facilitate more accurate billing
and to better predict the life expectancy of the Landfill; and,
WHEREAS, pursuant to Resolution No. 20-261, City Council authorized the City Manager
to enter into a contract with Perry Construction of Spring, Texas to install a permanent scale at
the municipal Landfill for $267,125.00; and,
WHEREAS, pursuant to Resolution No. 20-359, City Council approved amending the
original contract amount by $5,200.00 due to increased costs of concrete from $267,125.00 to
the new contract amount of $272,325; and,
WHEREAS, pursuant to Resolution No. 21-001, City Council approved increasing the
original contract amount by $20,651.00 for the addition of three (3) concrete piers from
$272,325.00 to the new contract amount of $292,967.00; and,
WHEREAS, Perry Construction of Spring, Texas has submitted the Certificate of
Completion establishing completion as of January 20, 2021 and the work to which the Certificate
applies has been inspected, authorized, and declared to be complete in accordance with the
PR 22412
3/21/2022 mje
Page 3 of 4
READ, ADOPTED AND APPROVED this the day of , A.D.
2022 at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartle
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
4Valecia Ti (lAr_iti ZtIL
/eno Ron Burton
City Attorney City Manager
PR22412
3/21/2022 mje
Page 4 of 4
APPROVED AS FOR AVAILABILITY OF
FUNDS:
cJ 41, „A
Kandy Daniel
Interim Director of Finance
Flozelle C. Roberts, EIT, MEng, MBA
Director of Public Works
2� ,
v tn4L,
Clifton W rliams, CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: CAQ l'` �� '(5
Project Name: e_AkA lOY ��e t`-^ �\• 1\
3T
Contractor: irl \W iA ` i•o'nt I.l_\_.)
Description of Work: fond 4 I 1� C.CA�C_,
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as ( - 20, 2021
KNOW ALL MEN BY THESE PRESENTS:
I_) The stage of construction where, in the opinion of the City of Port Arthur,all items of the work necessary
to enable the assets to be utilized without restrictions for the purpose for which the asset was constructed
have been completed; and
2.) All pay items are complete and all necessary testing as required by the Laws and Regulations and/or
Contract Documents have all been completed.
Punch List
All list of items to be completed or corrected,prepared by the CONTRACTOR and verified and amended by the
ENGINEER, is attached hereto. 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 documents.The CONTRACTOR shall
complete or correct the work on the list of items attached hereto within in 60 days from the above date of
substantial completion. The responsibilities shall be as set out in the Contract Documents or on the attached
hereto. If not specified in and an attachment or in the Contract Documents the CONTRACTOR is responsible for
maintenance,utilities and insurance. i
TUrtcoq-k,wathn -3,6)1 %)-i22CONT OAME IG► • I ' DATE
RECOMMENDED FOR ACCEPTANCE
ENGINEER NAME SIGNATURE DATE
The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur; Department of
Public Works.
PROJECT MANAGER SIGNATURE DATE
CITY ENGINEER SIGN�� / DATE
" fit l/, , ,�� 63Ezz/ZOzz-
PUBLIC WORKS DIRECTOR E DA
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ����
I (Name of Contractor)
TO:
z (Owner)
00
REFERENCE CONTRACT NO.: - Js�
CONTRACT ENTERED INTO THE, DAY 01 , '. BETWEEN THE
CITY OF PORT ARTHUR AND
Or 11 �/ kAngi 1FOR THE PROJECT 1.T �Y" Ar����! ' `
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 approve Change Orders and modification the balance of
$ 2,q2, 914.m
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. .bY\e
b.
c.
d.
(Itemize claims and amounts due,if none,so state)
3.) The undersigned further certi ies that all work required under this contract, including work required under
Change Order(s)numbered ,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.
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 changes 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 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 any reason
the Owner does not pay the full 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 an 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 paid contract modification thereof,and will execute
such further releases or assurances of the Owner and Operator may request.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this day of
,2022.
(SEAL) (Contractor)
BY:
(Signature)
(Printed Name/Title of Officer)
4 CaY\ '4 ,being first duly sworn on oath,deposes and says, First,that,he/she is the
(Affiant)
vs)htof anr\\ Q$ *\Ua- O1 ,U C ,
(Title) (Name of Comp ny)
Second,that he/she has read the foregoing certificate by him/her subscribed as 0 W n �
(Title)
ofe_fre,V1 15 CA-`D �kAC,
(.Name of Co parry,)
Affiant further states that the matters and things stated herein are true.
-4
-rant)
Subscribed and sworn to before me this l day of PO11 C ,2022.
My commission expires
5 , \ 2_023
S731)1(1A1
1raYP�as� AMY RENEE PERETZ NOTARY
nNotary Public,State of Texas
A: •'PComm. Expires 05-01-2023
'�IFOFV�` Notary ID 130208540
�llllll��
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
PROM:*fl Q (U QX On l fC .
(Name of Contractor)
TO:
(Owner)
REFERENCE CONTRACT NO.: 0 _ 3 59
CONTRACT ENTERED INTO THE 13`i'\ DAY OF BETWEEN THE
CITY OF PORT ARTHUR AND
OF
FOR THE PROJECT \- 11 0" Y--�- kn it � arc\-\ \\
KNOW ALL MEN BY THESE PRESENTS:
1.) Tir' �b C-�O oes hereby guarantee all of the work done under the
(Name o 'Contractor)
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 by Owner,as evidenced by the Contractor's Certificate of Completion.
3.) is Certifcatt i_s given in connection with the final payment under the contract between the Owner and
\On ,and with the knowledge that it will be relied upon in
(Name of Con ractor)
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 2.`1 day of
LAS C- ,2022.
ti0 o�` W*Of, Cr
(SEAL) Contracto
BY: 'PillotijAw
ouiuu,, AMY RENEE PERETZ
`8s.'. PVeii
__:• G�_Notary Public,State of Texas
7:-..!&•,.. .' Comm.Expires 05-01-2023
.';',FOi>v Notary ID 130208540
'-- -r_xc---\-q„
�ma`
rinsed Nam itle of Officer)
1-Warranty
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: `A .0 -Por. Prhur .01InCk-`I i t
LOCATION: Port Arthur,Texas
OWNER: City of Port Arthur
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 all work, labor,
and services preformed 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's property might in a way be held responsible or encumbered.
Exceptions: 1' i rt-
Contractor:
t-Contractor:TC. r .v\CA\ V' U„Q , Texas
."11191-
Signature:
Printed Name: .eOtY\ e...Y r
`,1
Date: o\ L\ \•202-L
Subscribed and sworn to before me this 2 � `�4day of \\--A046\._ , 2022
My commission expires: FOS' 0) - 2j 23
;4PPy
owl",�� AMY RENEE PERETZ —
i•� 10��
_°.' n:Notary Public,State of Texas 1 I
_ ':._ NOTARY Or
:� . P; Comm.Expires 05-01-2023
�irf OF'�'��
,,,ii,�,. Notary ID 130208540
EXHIBIT E
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EXHIBIT F
City of
4
urt rthur
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: March 21,2022
Project: Landfill Permanent Scale Construction Project—Close Out
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on January 20, 2021 and that the work was
under periodic inspection during construction by Public Works Engineering, City Inspector. That to
the best of my knowledge,the project was constructed substantially in accordance with the plans and
specifications, and that record documents were received and are on file in Public Works Engineering.
Submitte. • •
11
V;1i /, ,4
.11
ozelle d'bens, EI IMEng, MBA
Director of Public Works
"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
EXHIBIT G
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
LANDFILL PERMANENT SCALE CONSTRUCTION PROJECT
To: Perry Construction,of Spring,Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
Landfill Permanent Scale Construction Project at the City of Port Arthur Municipal Landfill, on
the basis of the recommendation of the City of Port Arthur's Public Works' Engineering
Department and receipt of the Certificate of Completion, Contractor's Certificate of Debts Paid,
Contractor's Certificate of Release, Contractor's Certificate of Warranty executed by Perry
Construction,of Spring,Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary