HomeMy WebLinkAboutPR 23770: RELEASE OF RETAINAGE FOR PAT BUS STOP RECONSTRUCTION PROJECT ROUND 2 City of Port Arthur
Transit Department
Memorandum
To: Ronald Burton,City Manager
From: Ivan Mitchell,Transit Director
Date: September 6,2024
Re: P.R.23770—A resolution authorizing the release of retainage for Port Arthur Transit's
(PAT)bus stop reconstruction project Round 2
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 of Substantial Completion,and the release
of retainage in the amount of$6,014.83 to Ballow Builders,Inc. for Port Arthur Transit's(PAT)Dallas
and Ft Worth Avenue,road reconstruction project
Background: Pursuant to Resolution No. 23-463, the City Council awarded a contract to Ballow
Builders, Inc. to reconstruct Dallas and Ft. Worth Avenues in the amount not to exceed
$120,296.50. Ballow Builders, Inc. has completed all contract tasks.
Recommendation: It is recommended that the City Council approve proposed P.R. 23770. This
resolution would authorize the City Manager to execute on behalf of PAT the release of retainage
in the amount of$6,014.83 and authorize the Engineer's Certificate of Substantial Completion for
the completion of Port Arthur Transit's (PAT) bus stop construction project.
Budgetary/Fiscal Effect: Funding to pay for this capital project is budgeted in PAT's capital budget.
P.R.No. 23770
9/6/2024 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT
DOCUMENTS SUBMITTED BY BALLOW BUILDERS, INC. OF GARRISON, TEXAS
FOR PORT ARTHUR TRANSIT'S DALLAS AND FORT WORTH AVENUES ROAD
RECONSTRUCTION PROJECT AND AUTHORIZING THE CITY MANAGER TO
RELEASE THE RETAINAGE IN THE AMOUNT OF $6,014.83; FUNDS AVAILABLE
IN ACCOUNT 401-00-000-2050-00-000 PROJECT TR11316 CAP.00O.
WHEREAS, pursuant to Resolution No. 23-463, the City Council authorized the City
Manager to enter into a contract with Ballow Builders, Inc. for the bus stop construction in an
amount not to exceed$120,296.50; and,
WHEREAS, PAT has received the following contract documents and made a part
hereof: the Engineer's Certificate of Substantial Completion, Contractor's Conditional
Waiver and Release on Progress Payment, Contractor's Unconditional Waiver and Release
on Progress Payment, Contractor's Conditional Waiver and Release on Final Payment,
Contractor's Unconditional Waiver and Release on Final Payment executed by Ballow
Builders, Inc. 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$6,014.83 for Ballow Builders, Inc. as delineated in Exhibit`B"; and,
WHEREAS, Ballow Builders, Inc. 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 closeout
documents submitted by Ballow Builders, Inc. (Exhibit"A").
THAT, final payment be made to Ballow Builders, Inc. in the amount of $6,014.83
(Exhibit`B").
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. 2024
at a Regular Meeting of the City of Port Arthur,Texas by the following vote: AYES:
g
P.R. No.23770
9/6/2024 IM
READ,ADOPTED AND APPROVED this day of A.D. 2024
at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
,
NOES:
•
Thurman "Bill"Bailie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APP S TO FO
Roxann Cotroneo, City orney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF U S: 1)oo
401- 5-00;6t1-000
119iwPROJECT TR11316 CAP.00O
1110,k70
IW , -)-1(124, 6—J,t.4...e.-el
Ronald Burton, ' Lynda oswell
City Manag Director of Finance
,
i ?' 'Ai d l:,,,
_li ..
Clifton Williams, CPPB Ivan itchell
Purchasing Manger Transit Director
P.R. No. 23770
9/6/2024 IM
Exhibit "A"
TBPE Firm No.F-5755
OUTE BP!S Firm No t0123900
LA EF.0005711
_9,7 3737 Doctors Delve
Arthur,Teros'77642
SURVEYORS&ENGINEERS ORM!( )99320O4
Fox(409)9032005
CERTIFICATE OF SUBSTANTIAL COMPLETION
Owner: City of'Port Arthur Owner's Contract No.:
Contractor: Ballow Builders,Inc Contractor's Project No.:
Engineer. Soutex Surveyors and Engineers Engineer's Project No.: 22-0733
Project: Transit Bus Stops—Round 2 Contract Name: Transit Bus
Stop—Round 2
This[mo](final)Certificate of Substantial Completion applies to:
► All Work ❑ The following specified portions of the Work.
05/08/2024
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.
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:
Amendments to Owner's
responsibilities: er, None
❑As follows
Amendments to Contractor's
responsibilities: .4 None
QAs follows:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents,nor is it
a release of Contractor's obligation to complete the Work in accordance with the Contract.
XECUTED BY ENGINEER: RECEIVED: ECEIVED:
,. By: By:
signature) Owner(Authorized Signature) lAuthonzed Signature)
Title: 0/2.4Ky/,n u.-- Title: Title: Ballow Eye Inclie: Date: Date: 4
GQNVI1►QNAL WAiYLIi,AND JiE1,f A L,QN 111QQ 5$PAYMENT
,Inh NO..� �_ Ail
/�� � JIB pill'►l�+ k
Qn fneetpl ty Ihn signet of rrfs tinenme(nt of n(bark from a J.1 el"
(^rw'w ur cMr;l) in Nre *urn or
Si 51111,1$playable l0 4gtt i i!11111411,10 of payee$tit r.,Irunkf and when NI check halt been p,np•IIy
endof*ed and has been paid by the bole on wniGll h is drown Ihli (Ifs.onion! t etu lok •IlwlUq to fIMaie any
maotlaniC'i lien ngtd.any fight Sibling hum a naymenl bond Owl compliant erfth a*rate of floral atelI ll.any ixl0111'10o law
payment bond flphL any charm Inc payment,and any Ilghta woof bey'modal 0nLnl.l cola or Ielalule rel4
1a01n elmen nr
i fir
Payment ng ti b( optima to the s{lner't yulti�
Fo lflu' t tai the',wner he*on Ina prnpan`y rd ti f(,Q ^,nelf)
11.
aled at 1!�� 1 1 :r�P A_S�re`lion) 11M following erfanr !:t fit f' 'a 1 WI p tut desCAlpf►,n►
Thy fel/aao CUvet*afa upi+r*payf011Int leg In Wt It ncNlCee.DQuWmanl yr walatia1,tufcurh.J w the pruwfty
p�(�
p1 to ', trL.PNI A!' ^✓(peredn W lI wnunl afpltnf cAnifactedl so tnd!Qeled in trio allaUled platomenl(a)re progn faa
pawn( tl roquarl(*),recent for unnald retention,pending moottorl One and nnonoaao.fir ulhaf tramp(utrueneo
Iialnre any reolpinnl of Into daoumeal(oho on Ihl*document,the fowl)sill ahotrhf verity evfdanrle of payment In
the atone(
Tna aipner warrants'hal Ma w anef Nee akaady paid o'W'Il t;ea tha'unll*raryfv.tf horn IhY 11folfes*payofw't
promplly ply in full all at 111e *lpnar'a laborefs, eut4ontraelufi mrlef[WmM. and tupphV$ too all work, miLoflus
aqulpntara,pr aafvlGl*pr0Wdetl tof re!nth*above rel*mriced,fnlvrl In regard to the invalid etalemenlla)or proglva*
payment mquestlli)
i `n
Cale ' l9 1o14
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u (ISfartelurel
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NOTE Socllon 53 201(b)(2). Teas*Property Code ragnirr*Ihel Ow above farm be rwlenarrd. `'ire chap!,171 1*iri
Civil CracIK°b Remedies Coda.ragaran0 Arknowledomen'*6 proofs of Wnern Intisumerdi, or oonaWl en *wormy
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NOIICL+:
This document waives rights unconditionally and static that you have been paid for giving up those
rights. It is prohibited lot a person to require you to sign 1111a document if you have not been paid the payment
amount set forth below. If you have nut been paid,use a conditional nieces form.
UNCQNDITIQNAL WAIVER AMP BCLEA{X,QIY PRQGItEU PAyftlENT
.rob No. 'V • 011
.11
The signer Cut this document nas been pain and has received a progress payment in the sum of 82251 h ri for
all taba.services.equipment,sir materials furnished to Ins property or to C r
r41I d t'�k {1"�! (person wMr+"whom
U
signer contracted) on the properly of 3 1 8 P►f i R IB� ow ter 4located •t P &rt,._.-��1!� �'� Rif
arrfia"
(location)to the following extent: Q0$ Pace ' Pea CI*i4()ob description) The signer therefore waives and*travel "
arty mechanic's lien right,any right analog from a payment bond that complies with a state or federal statute,any ccwrtmon
law payment oond right, any claim fur payment, and any rights under any similar ordinance. rule or statute related tc
claim or payment nghts for persons In tnc signet's position that the signer has on the above referenced protect to the
following extent-
This release covers a g`og ess payment for all tabor,services,equipment or materials furnished to the property
orto t'lQ' (W' Mfre( urnit wim(sign
(person with whom signer contracted)as indicated in the attached statement(s)a pruFrxsa
payment request;s),except for unpaid retention pending modifications and changes,or other items furnished
The signer warrants fret the signer has al,sady paid or will use the funds received from this progress payment to
promptly pay in lulu all of the signer's laborers, subcontractors, matenaimen and suppliers for al wont, material
equipment.or services provided for or to the above referenced protect in regard to the attaCrted stalemant(s)or awes*
payment requestZs)
Date 1- I1.1021
R' f„, +r0►,rll 5 ►LC (Company name)
Ey �OU.� (Signature)
eW (Title)
cG===Caeca Lass aFSL�:r•aoYacsalsa Lasu
MOTE: Section 53 281(b)(2).Texas Property Code,requires tr:at the above form be notarized See Chap0er 121 Texas
Civil Proems L Remednee Code, regarding Acknowledgments 6 Proofs of Wr:fer Instruments or consul an attorney
for short adrnov.ir i7ers.er!'orms that rnight be sLitable see Section 121 008 in Chapter 121 Click mot to go Mere
per:
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
Prolec1 petrt`+c f4t-ki W5 114 RcAmA
Job No. n
On receipt by the signer of this document of 2 check from C 0 T i)C11 147 aker of coedit)in the sum of
$3 S G 5," payable to 6kWe1J f1v'I 1116 L (payee or payees of Chec )and when the check has been properly
endorsed and htaa been paid by the bank on which it is drawn this document becomes effective to release any
mechanic's lien right,any mitt arising from a payment bond that complies with a state or federal statute,arty common taw
payment bond right,any claim for payment and any rights under any similar ordinance,rule,or statute related to claimor
payment rights for persons it the signer's position-io that the signer has Cr the properly of C)F e"t Po-, tYr
(owner) located at 11q� ( ()o-l4 trf f tTocationi to the fotlowi ng extent fio-k°St. t 5 446 (ion
description)
This release covers the fire,paymenttJo the
signer for at laoor services ecu omenit o materials furnished to the
�tr
. �►�
property Of to ti'1'U C4 Pe`rf' roerson with whom signer contracted)
Before any recipient of this document relies on this document,the recipient should verify evidence of payment to
the signer
The signer warrants that the signer nas already paid or will use the funds recerveo from tnrs final payment to
promptly pay in foil all of the signer's laborers, subcontractors, materlalrnen, and suppliers for at work, materials,
equipment,or services provided for or tc the above referenced protect up to the date of this waiver and release
Date 1-1 -1024
6\tti,1 i IA4V'i (h G (Company name)
B (Signature)
�y tTitiei
NOTE: Section 53 281(b)(2),Texas Property Code requires that the above form be notarized See Chapter 121,Texas
Civil Pshod
act i Remediesent forms that mightbe suitableing gments&see Section Proofs to`n of Crrap'ec 121 Click h, r toigo there
torney
For sffeat ackrwwecdge+'c 9
µtee4
__-----
NOTICE:
This document waives rights unconditionally and states that you have been paid for giving up those
rights. It is prohibited for a person to require you to sign this documem if you have not been paid the payment
amount set forth below. If you have not been paid.use a conditional release Form
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
Prue iFt4 Or' ,f6.i5 V.t{r Z
Job No 23
The signer of this document has been/f in;_t9 for all aber servers equipmeni.or maleais furnished to the
property ort C1 af' Fry /�l,t' l,' OM;s"+�J
toerso' with whom saner contrarad; on fhe__p meny of
of Pad fro(planer) mated at "t i4 Est fir-Arit4T4
(� tocat:on) to the iofcwtng extern
D ,
L cirlAr 5 E.bv3`44St.ob description) The signer therefore waives and releases any meanarrc's lien ngrst any
right arsirig iron,a payment bond that camases with a state or federal statute any commdr law payment bond right any
claim for oayme-r and ary rights under any s:mtar ordinance rule or stat..:te related to claim or laymen rights for
persons in tre signers pos t on
The signer warrants that Ire signer'..as already paid or will use tre funds reeehed from the 5nal cayr ue to
cramp" cay in fut as at the sgrers laborers. subcontractors matenalmen, ark suppuers for a+ ru rnatenats,
equipment,or servces prawdeo le'or to the above referenced protect tic to the date of.hrs warier and release
Date
1-1"i (j
6411 QxrilAtY5 J)%t !Company nsme)
By !Signature>
0 r. (TW`ie)
----- --
NOTE Sectpn 53 2elfb)(2) Texas Property Code requires that Ire above form be notarized See Chapter 121.Texas
Crnt Practice&Remedies Code regarding
Adinowledgrrofs of Witten Instruments or Consult an atton•,ey
For short acicnowreogensent forms that mighttie a see Section
008 in Chapter 121 Click�gr to go there
•
tag
CONTRACTWS CERTIFICATE OF GUARANTEE
FROM: BALLOW BUILDERS, INC
friA,MfOf CO,iTRAM:4€)
TO: CITY OF PORT ARTHUR
REFERENCE CONTRACT NO. ENTERED INTO THE 11TH
DAY OF OCTOBER 2023, BETWEEN THE CITY OF PORT ARTHUR
AND BALLOW BUILDERS,INC
piWE OF ONTRACTO41)
OF GARRISON,TEXAS
curfi rsTATL1
FOR: TRANSIT BUS STOPS- ROUND 2
Nm.q.Of pF.3iicn
KNOW ALL MEN BY THESE PRESENTS:
1. BALLOW R I IILD FRS,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 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 with the final payment under the contract
between the Owner and BALLOW FRS,INC and with the knowledge that
it will be relied upon in making such payment and that such payment would not be
-bade except upon the truth of the matter contained in this affidavit.
. . _ .
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this
IL �,,A
day of lti— , 20 L`{
{CORPORATE SEAL)
BALLOW BUILDERS,INC
{cort&croai
)ESSE BALLOW ,being first duly sworn on oath,deposes and says,first,that he is the
utssr e�usow}
OWNER of BALLOW BUILDERS,INC
(roWif of COMPANO
second,that he has read the foregoing certificate by his subscribed as OWNER
of BALLOW BUILDERS,INC
0
` J
P.R. No. 23770
9/6/2024 IM
Exhibit "B"
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