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HomeMy WebLinkAboutPR 23456: CLOSEOUT AND RELEASE OF RETAINAGE FOR PAT'S BUS STOP CONSTRUCTION ROUND 1 City of Port Arthur Transit Department Memorandum To: Ronald Burton,City Manager From: Ivan Mitchell,Transit Director Date: November 10,2023 Re: P.R.23456—A resolution authorizing the closeout and release of retainage for Port Arthur Transit's Bus Stop Construction Round 1 Nature of Request: Authorize the City Manager to accept the Engineer's Certificate of Final Completion, Contractor's Affidavit of Payment of Debts and Claims,Final Payment Affidavit, Contractor's Certificate of Warranty,and approve the release of retainage in the amount of$7,867.75 to Greenscapes Six,LLC. for Port Arthur Transit's(PAT)Bus Stop Construction Round 1 Project. Background: Pursuant to Resolution No. 23-253, City Council authorized the City Manager to enter into a contract with Greenscapes Six,LLC.to construct bus stops for PAT in the amount not to exceed $153,291.00. As construction ensued,design and material adjustments have occurred resulting in additional expenses and savings. This resulted in a net contract increase of$4,064.00 for a new contract amount of $157,355.00. Recommendation: It is recommended that the City Council approve proposed P.R. 23456. This resolution would authorize the City Manager to execute on behalf of the release of retainage in the amount of$7,867.75, and authorize the City Manager to accept the close out documents submitted by Greenscapes Six, LLC for the completion of the Bus Stop Construction Round 1 Project. Budgetary/Fiscal Effect: Funding to pay for this capital project is budgeted in PAT's capital budget. P.R. No. 23456 11/10/2023 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTORS CERTIFICATE OF WARRANTY, CONTRACTOR'S AFFIDAVIT OF PAYMENTS OF DEBTS AND CLAIMS, AND FINAL PAYMENT AFFIDAVIT BY GREENSCAPES SIX, LLC. OF BAYTOWN, TEXAS FOR PORT ARTHUR TRANSIT'S BUS PAD PROJECT ROUND 1 AND AUTHORIZING THE CITY MANAGER TO RELEASE THE RETAINAGE IN THE AMOUNT OF $7,867.75; FUNDS AVAILABLE IN ACCOUNT 401-70-530-8525-00- 60-000, PROJECT TR11316 CAP.00O. WHEREAS, pursuant to Resolution No. 23-253, the City Council authorized the City Manager to enter into a contract with Greenscape Six, LLC. for bus stop construction in an amount not to exceed $153,291.00; and, WHEREAS, pursuant to Resolution No. 23-417, the City Council authorized the City Manager to approve Change Orders No. 1 and No. 2 for a net project increase of$4,064.00 for a new contract amount not to exceed $157,355.00; and, WHEREAS, PAT has received the following contract documents and made a part hereof: the Engineer's Certificate of Completion, Contractor's Affidavit of Payment of Debts and Claims, Final Payment Affidavit, and Contractor's Certificate of Warranty executed by Greenscapes Six, LLC. as delineated in Exhibit"A"; and, WHEREAS, the release of retainage for the project is 5% of the work completed and billed in the amount of$7,867.75 for Greenscapes Six LLC. as delineated in Exhibit"B" and, WHEREAS, Greenscapes Six LLC. has completed the project satisfactorily and has been accepted by the Transit Department of the City of Port Arthur, Texas. 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, that the City Council authorizes the City Manager to accept the close out documents submitted by Greenscapes Six LLC for the completion of the Bus Stop Construction Round 1 Project(Exhibit"A"). THAT, final payment be made to Greenscapes Six, LLC in the amount of $7,867.75 (Exhibit "B"). P.R. No. 23456 11/10/2023 IM 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. 2023 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 AP ROVED AS TO FORM: ifuLLIZA al Tizen , City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-70-530-8512-00-60-000 474vill, Ronald Burton Lynda Boswell City Manager Director of Finance Oik L& Clifton Williams, CPPB Ivan Mitchell Purchasing Manger Transit Director P.R. No. 23456 11/10/2023 IM Exhibit "A" GREENSCAPES E. _.__. _ GSahF..( CONC.BETE_L-A 1LE11( IIRRIGATIC7Nl-LANDCt.g-E CONTRACTOR'S CERTIFICATION OF FINAL COMPLETIO^' PROJECT 1.-. PROJECT NLUF:'. BID No.: ,,AC i� DATED: accnRE ME.the undersigned authority.a Notary Public in and for the State of Texas.on this day r^.=tiv appeared Mike Archer who,being by me duly sworn,on his oath says nersne represents Ureenscaoes Six.LLC the Contractor who has oerformed a contract with The City of Port Arthur for the construction of the Work described above,and is duly >..• orized to make this affidavit:that he or she has personally examined the Work described above as required by ft'e Contract Documents:that said Work and all items thereof have been completed and all known defects made good;that all surplus material,refuse,dirt and rubbish have been cleaned up and removed or disposed of as directed by the Proiect Manager:that all parts of Work are in a neat,tidy,finished condition and ready in all respects for acceptance by The City of Port Arthur ;that all gravel or shell roadway surfaces removed during the course of the Work have been replaced in accordance.that rates of pay for all labor employed on said Work have not been below the minimum set out in"Labor Classification and Minimum Wage Scale"in the Contract Documents and that within the knowledge of affiant all just bills for labor and material and for the rental or use of any equipment or anoaratus.used in.on.or in connection with the Work have been paid in full by the Contractor. (/),711..;fte Affiant's Signature: . SWORN AND SUBSCRIBED before me on: Date O f/y/2 3 Notary Public in and for the State of Texas • AWE DALE GUYARCHER Cr `_ bAyr Notary ID#133596052 • Expires February 25,2026 Print or type name: fJ(,Li FAle frit _ My Commission Expires: 2/2c/2 '5 THIS IS TO CERTIFY that I have thoroughly inspected the Work performed by the above named Contractor on the .:;ove aescribed Contract and find all things in accordance with the Contract documents governing this Work. GREENSCAPES SIX,LLC / 13 Private RD 1160 Liberty,TX 77575 / 713-714-3500 / 713-714-120. --- -. Y .-,,L5 1 r' (FREE CAPES SIX GOLF I CONCRETE I ATHLETIC I IRRIGATION I LANDSCAPE I OIL FIELD Warranty/Guarantee We hereby guarantee that the work as defined in our Contract Order with The City pf Par/Arthur,which we have installed/supplied at various locations located at The City,Qf Port Arthur _ has been done in strict accordance with the drawings,and specifications and that the work installed/supplied will fulfill the requirements of those specifications.We agree to repair or replace or cause to be repaired or replaced any or all of our work,which may prove to be defective in workmanship or materials,together with any adjacent work which requires repair or replacement because of our defective work,within a period of one(1)year from the date of Substantial Completion, established as August 10, 2023 If we fail to start compliance with the about paragraph within ten (10)days after receipt of written notice to do so,or fail to pursue such compliance with diligence,vie joint and severally, do hereby authorize The City of Port Arthur_to proceed to have the defects repaired and made good at our sole expense. If we fail to fulfill the preceding obligations,and if YThe City of Port Arthur brings an action to enforce this guarantee/warranty,we agree to pay _The City of Pnrt Arfhrar_--reasonable attorney's fees and other litigation cost incurred in connection therewith. Contractor Name: Greenscapes Six, LLC Signed: /n .1Y144'`' i Printed Name: Mike Archer Date: 11/14/2023___ StJ i GREENSCAPES SIX GONCR.UE..LATJiLETIC J IRRIGATION( LANDSCAPE 1 LOGISTICS AFFIDAVIT OF PAYMENT TO SUBCONTRACTORS AND SUPPLIERS The undersigned, Mike Archer, states that they are the Managing Partner and Contractor. of Greenscapes Six, LLC. and that he is duly authorized to execute this Certification of Payment to the Subcontractors and the Suppliers;that he swears and subscribes that the Contractor has made payments to the Subcontractors and the Suppliers for all labor, materials, equipment. and services furnished to date for the Work on Project Texas Department of Transportation Sidewalks in the amounts for which the Contractor has been paid; that the labor, materials, eouipment, and services covered by this Certificate of Payment have been furnished in accordance with and all in compliance with the Contract Documents;that no sums have been "ithheld by the Contractor for the Subcontractors and the Suppliers as a result of any allegations of deficiencies in the Work; and further that such payments were made in accordance with the Contract Documents and with the laws of the State of Texas. Mike ArrhP- AffiantsSignature -Managing Partner SWORN AND SUBSCRIBED before me on Ili/y/2 3 S , `n O / ,ate AAtt! E DALE GUY ARCHER My Notary ID#133598052 Notary Public in and for the State of Texas 7.0 .e Febntarl+25,204° ALL I E - -- _._ Print or tvoe name My Commission Expires: 2-1 2 5/2 Co Expiration Date END OF DOCUMENT GREENSCAPES SIX,LLC / 13 Private RD 1160 Liberty,TX 77575 / 713-714-3500 / 713-714-1200 1 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project: Transit Bus Pad Protect Round 1 Job No.: P23-042 The undersigned has been paid in full for all labor,services,equipment,or material furnished to the jobsite or to Greenscapes Six,LLC (Person with whom undersigned contract) On the job of Transit Bus Pad Project Round 1 located at The City of Port Arthur in various locations ;Owner)(Job Description) and does hereby waive and release any right to mechanic's lien,any state or federal statutory Dona right,any private bond right,any claim for payment and any rights under any similar ordinance,rule or statute related to claim or payment rights for persons in the undersigned's position,except for disputed claims for extra work in the amount of$157.355.OG The undersigned warrants that he either has already paid or will use the monies he receives from this final payment to promptly pay in full all of his laborers,subcontractors,materialmen and suppliers for all work,materials,equipment or services provided for or to the above referenced project. -his the 14th day of November ,20 23 ja?''` •. ALLIE DALE GUY ARCHER Greenscapes Six, LLC My Notary ID#1335980 21 Name of Company '''E;a�`•` Expires February 25,2026 �•..�►• C _ w By: State of Texas County of Chambers rg.0/47 t • Manaaina Panne- Subscribed and!wpm to M t j`-E' t�i"r'cksx Signature Title before me this ;` day of__isj0 � Notary Public: Mike Archer Gu,�Q Q jits.fru, Type or Print Name Commission Exprires: Z 2 5'2.1.,+`' P.R. No. 23456 11/10/2023 I M Exhibit "B" g 53m m 3 > A J-N� n 3 Z z.> v 00 I m n to6m0" 0 ® c000® m c a =I 1 Qga.g � � ; 'o� moa 0 mu0 om0 r m a Q 3 a 5 a-a CD [a o- 3 o m d 0 ' m . F fa0 =z v o00 I IH[ ao A V m> n wQ ma73 n � Q -Q m ae > z • R, b a Q6 * < a O Q O �- go . o w ao =on CD o _ o ac -t p a < tLl O ®5 n d o Q ev ti ? a mg - 33 S 3 m ® �m mvmcpm j m p m m c m 0 A 3r g) 7 t m IQ 0 ao anzwo ot� 2. = Q a ®o• 4n ° ion o sC m m O cl o Q 0. m Nm y a OQv,I 11mc O < o n m ' o en c cR$cr CD d • Tm � "® ? N a f 3 4 =O o= cnm I m ? o o c W ° x N 1 D@ R• St m 0 p _0 W — a = mm amQE,� A. W 2m ? a Q , IC Q 0 a a rn m $$$ 3 �CD a m Q v Q n w m o5 to3S= 3g � a a m met o O v eFc n I m ® m a2 mom Q r 0 o N O -vs CA 4:. 1 57- 6 c a ,ScH -. o -cs oc 8 m , � -. a 0. o' i .6A amxo DO o . f o oQ mwg a T O ® o w ao v a w A to 1‘) —{ y A N ® qo A Z 0O �D> c 011 0aQ 3 ; ao m a > zA5' n < z m mo z g x z c ® ;it Q O A z m ; > A > > palp3 ► y Q 1 Z r n ZC or ® < 0z iw A; m w' H QR n m ® 3oz Qz 2. n O i a mb. Of w s P4 v c °O y, G 3). Q1 p Q 3 ;a (, ® ma m m D 3 aa c >_ "I m a ® o3 Yro mo e Q2 CD o % o Q o 3 • Q = z 0 3 cr oo a ;lc m t1 +i•C ae (o) Co w 6, ,I t "SA ba do 44 tr+ 44 - 49 3 CD - -fgI _ _ - z m • v w '0 v v a .i a `�cQs w CO & Co w w o ro 0 -n E 0. O v C. 5.. tth 0. — f I I I ® fn`' tr'n g o 8 N I — N . 0 ! (� te. V' N �77 N .ZZ1777 1 Greenscapes Six, LLC Invoice 13 Private Road 1160 Date 9/5/2023 Liberty, TX 77575 Invoice # 2023-0462 cweck(dgreenscapes6.com P.O. Number Bill To Terms Net 15 City of Port Arthur Port Arthur Transit Total $7,867.75 Item Description Quantity Unit Unit Price Amount Retention Final retainage 1 EA 7,867.75 7,867.75 Thank you for your business. Subtotal $7,867.75 Sales Tax (0.0%) $0.00 TOTAL PAYMENT DUE IN 15 DAYS PLEASE INCLUDE INVOICE NUMBER ON CHECK AND MAIL TO ADDRESS ABOVE. Total $7,867.75 THANK YOU FOR YOUR BUSINESS.