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HomeMy WebLinkAboutPR 24282: DELK CONSTURUCITON, INC. PROJECT CLOSEOUT DOCUMENTS FOR THE TRANSIT STORAGE BUILDING CONSTRUCTION P.R.No. 24282 4/22/2025 IM/TNR RESOLUTION NO. A RESOLUTION AUTHORIZING DEDUCTIVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH DELK CONSTRUCTION, INC. OF NEDERLAND, TEXAS DECREASING THE TOTAL CONTRACT AMOUNT BY $2,715.93, AND ACCEPTING THE PROJECT CLOSEOUT DOCUMENTS FOR THE TRANSIT STORAGE BUILDING CONSTRUCTION AT 325 DALLAS AVENUE, ESTABLISHING A FINAL CONTRACT AMOUNT OF $188,284.07, AND AUTHORIZING THE RELEASE OF RETAINAGE IN THE AMOUNT OF $9,265.00; FUNDS AVAILABLE IN ACCOUNT 401-00-000-2050-00-00-000, THE REMAINING BALANCE OWED OF $2,984.07 IS AVAILABLE IN ACCOUNT 401-70-530-8512-00-60-000, PROJECT,TR2035B.CAP.BUI. WHEREAS, pursuant to Resolution No. 22-470, the City Council authorized the City Manager to execute a contract with Delk Construction, Inc. of Nederland, Texas, for the construction of a storage building for transit located at 325 Dallas Avenue in an amount not to exceed$185,000.00; and WHEREAS, pursuant to Resolution No. 25-065, the City Council further authorized Change Order No. 1,resulting in a net increase of$6,000.00, for a revised contract amount not to exceed $191,000.00; and WHEREAS, Change Order No. 2 provides for the reconciliation of final quantities, resulting in a net decrease of$2,715.93 and a revised final contract amount of$188,284.07, as detailed in Exhibit"A"; and WHEREAS, the Port Arthur Transit (PAT) has received all required project closeout documents, including the Engineer's Certificate of Substantial Completion, Contractor's Certificate of Warranty, and the Contractor's Conditional and Unconditional Waivers and Releases on Progress and Final Payments executed by Delk Construction, Inc., as detailed in Exhibit"B"attached hereto and incorporated herein by reference; and WHEREAS, the Transit-Fleet Department has verified that Delk Construction, Inc. has completed the project in accordance with the contract documents and has recommended acceptance of the work; and WHEREAS, the balance owed and retainage in the amount of $12,249.07 is due and payable to Delk Construction, Inc. as set forth in Exhibit "C" attached hereto and incorporated herein by reference; and P.R.No. 24282 4/22/2025 IM/TNR WHEREAS, funds for the release of retainage in the amount of$9,265.00 are available in account 401-00-000-2050-00-00-000, the remaining balance owed of$2,984.07 is available in account 401-70-530-8512-00-60-000, Project, TR2035B.CAP.BUI. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1.That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes Deductive Change Order No. 2 to the contract with Delk Construction, Inc., decreasing the contract amount by $2,715.93, for a revised total contract amount of$188,284.07 as detailed in Exhibit"A". Section 3. That the City Manager is hereby authorized to accept all project closeout documents submitted by Delk Construction, Inc., as outlined in Exhibit"B." Section 4.That the City Manager is further authorized to release retainage and issue final payment to Delk Construction, Inc. in the amount of$12,249.07, as detailed in Exhibit"C." Section 5. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of A.D. 2025 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: Roxann Pais Cotroneo, City Attorney P.R.No. 24282 4/22/2025 IM/TNR APPROVED F DMINISTRATION: APPROVED AS TO AVAILABILITY OF FU' I S: Aietee, Ronald Bu on Lyn.a Boswell City Manager M Director of Finance c nia.# �� /,d Clifton Williams Ivan Mitc 1 Purchasing Manager Transit-Fleet Director P.R. No. 24282 4/22/2025 IM/TNR Exhibit "A" \ © $ ƒo ) _ \ k \ \ k ` k 0 00 ti z 4.4 4, z •~ k ) OZO = wOO / § / k To � w � / § } e Z } co \ 3 w6 Z \ E = 7 014 a z k k 22 k oQ j 11111 \ wIII vl. 1- HI \ P - } IL) \ A I §\H _( z / \o. . $ ) - 4. CO _ / § \ E ) ) u / :hl q 7 / \ 2 z \ { \ { I \ \ \ \ \ Q ` ( : ) ) k j j t \ \ ® ) ) \ \ � � ( g \ ) ) } - \ ) § / / \ § \ \ \ ) - ± a \ 2 _ } _ ) ) k ) k } \ $ j 6 ] k - . § § _ / w = ] U \ C « ) £ : o k $ { $ 2 | \ \ _ } \ O \ z § Y ., \ 0 \ § j _ z ] 2 d 2 2 7 2 2 ƒ } R ct al m a - ( \ § \ j z 4 \ § % b ] d 2 >4 z a - 10 a / E [ 7 ! z P.R. No. 24282 4/22/2025 IM/TNR Exhibit "B" TBPE Firm No.F-5755 TBPLS Firm No.10123800 LA EF.0005711 ---- —_ ? ' -- �i 3737 Doctors Drive Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office(409)983.2004 Fox(409)983.2005 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: CITY OF PORT ARTHUR Owner's Contract No.: P21-300 Contractor: DELK CONSTRUCTION, LLC Contractor's Project No.: Engineer: SOUTEX SURVEYORS&ENGINEERS Engineer's Project No.: 21-0632 Project: EXPANSION OF TRANSIT FUEL STATION Contract Name: EXPANSION OF TRANSIT FUEL STATION This final Certificate of Substantial Completion applies to: ® All Work ❑ The following specified portions of the Work: Feburary 19,2025 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: ®None ❑As follows Amendments to Contractor's responsibilities: ® None ❑As 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. EXE UTED BY ENGINEER: RECEIVED: RECEIVED: By: By: • Vrized signature) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Emtsr.4eer Title: Title: Date: J40 r/I S Date: _ Date: DELK CONSTRUCTION, INC. P.O. Box 1424 Nederland, TX 77627 Phone: 409-729-5720 Fax: 409-729-7820 WARRANTY ACKNOWLEDGMENT Transit Station City of Port Arthur Delk Construction, Inc. (Contractor) hereby agrees and warrants that all of its work complies with the requirements of the Contract Documents. If within one year after date of substantial completion March 25, 2024 of the work or designated portion thereof, any of the Contractor's Work is found to be defective or not in accordance with the requirements of the Contract Documents, it shall correct the work at its expense promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given it a written acceptance of such condition. This period of one year shall be extended with respect to portions of work first preformed after Substantial Completion is the period of time between Substantial Completion and the actual performance of Contractor's Work. This obligation shall survive acceptance of the Work under the Contract and termination of the Contract. This Warranty shall be in addition to the terms of any other Warranty of longer period of obligation specified in the Contract Documents, of terms of any general warranty and is not in lieu of any of them. This Warranty shall not be construed to establish a period of limitation with respect to other obligation that Contractor/Subcontractor might have under the Contract Documents and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced or any proceeding commenced. P O. BOX 1424 NEDERLAND. TEXAS 7762 PHONE(409)-729-5720 FAX(409) 729-7820 FINAL WAIVER OF CLAIMS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS BEFORE ME,the undersigned has entered into an agreement with Delk Construction,Inc.("Contractor") to furnish labor and/or equipment for improvements on the property described below(the"Project"),which may be more particularly described in an attached exhibit: City of Port Arthur Transit Station New storage Building-Invoice 2023.100-9 2200 Jefferson fferson Drive Port Arthur,Tx.77642 NOW,THEREFORE,the undersigned for and in consideration of payment in the amount of Twelve Thousand Two Hundred Forty Nine Dollars And Seven Cents (S I2,249.07 )and other good and valuable consideration,the receipt of which is hereby acknowledged by the undersigned,does hereby release and forever discharge CONTRACTOR or OWNER,from any and all claims whatsoever arising out of or in any way related to the performance of the undersigned's work on the above referenced Project(including any extras or additions),and or does hereby waive and release any and all mechanic's or materialmen's liens,claims or right to liens or claims, and all claims related to any bonds issued in connection with the above described Project,or the above described premises and the improvements thereon,which now exist or may hereafter arise on account of labor,materials or equipment furnished by the undersigned on the referenced Project. This Release and Waiver of Lien includes all labor performed and all materials and equipment furnished through the following date: 2/29/2024 The undersigned represents,warrants,and certifies to CONTRACTOR and OWNER,in order to induce CONTRACTOR to make the current payment,that it has made payment in full and all of its obligations and debts to all parties directly or indirectly incurred by the undersigned in connection with the Project through said date,and agrees to indemnify,defend,and hold harmless CONTRACTOR and OWNER for any loss,cost,or expense, including attorney's fees and CONTRACTOR or OWNER may suffer by virtue of any claim,lien,demand or suit by any person or entity who may allege otherwise. EXECUTED on this 26th day of February,2024 - ....._.._ BY: l'OY 172/4° Delk Construction.Inc. Company Name Eddie Delk,President Name and Title P.U. Box 1424 Address Nederland,Texas 77627 STATE OF Texas) City,State,Zip COUNTY OF Jefferson) SWORN AND SUBSCRIBED TO BEFORE ME,the undersigned authority,a Notary Public, in and for said County and State,on this day, 26th of February 2024 who personally appeared and is known to me to be the person and officer whose name is subscribed to the foregoing instrument,and swore to me that the same was the act of said company,that he executed the same as the act of such company for the purposes and consideration therein expressed,and in the capacity therein stated that all the facts stated herein are true and correct. GIVEN UNDER MY HAND AND SEAL OF F E,this 2. day of ar•' ,202s To certify which witness m� hand and seal of office. ... �G•�-- .._� Notary Public imd for State f Te as ._ ,`'"Y.�"!•�.: SHARON GRAHAM Print Name: t GtrDYI Co reLk a My Notary ID#126735537 My Commission Expires: /D—A 3-7 Expires ;e ' October 23,2027 ter. P.R. 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