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HomeMy WebLinkAboutPR 24448: PROCTER STREET EXTENSION ELEVAGTED STORAGE TANK REHABILITATION FINAL CHANGE ORDER AND CLOSEOUT rirt rtHrr _ INTEROFFICE MEMORANDUM Date: July 18, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, C.P.M., City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 24448—Procter Street Extension Elevated Storage Tank Rehabilitation Final Change Order and Closeout Introduction: The intent of this Agenda Item is to seek the City Council's approval for the final Change Order No. 3 to decrease the contract amount by$11,800.00,accept the closeout documents to close out the Procter Street Extension Elevated Storage Tank Rehabilitation Project, and to authorize the City Manager to release the retainage amount of$40,045.00. Background: The elevated storage tank, located at Procter Street Extension was in urgent need of rehabilitation. Schaumburg& Polk, Inc. (SPI) of Beaumont, Texas designed the project and are the construction manager and engineer. Resolution No. 24-122 awarded the project to M.K. Painting, Inc. of Wyandotte, Michigan for$669,000.00. Resolution No. 25-049 approved Change Order No. 1 to install repair plates and vapor blast increasing the contract amount by $135,000.00 to a new total contract total of$804,000.00 and 232 days of contract time extension due to alternate surface preparation method. Resolution No.25-148 approved Change Order No. 2 to repair holes in the roof,bowl,wet riser, and drain pipe by installing patch plates and filling the holes by welding increasing the contract amount by$8,700.00 to a new total contract amount of$812,700.00 and extend the contract time by 4 days for the additional time due to such repairs. City staff,with the recommendation from Schaumburg & Polk, Inc. engineer, is recommending Change Order No. 3 for the Procter Street Extension Elevated Storage Tank Rehabilitation Project for the final reconciliation of quantities decreasing the contract amount by $11,800.00 to a new contract total of$800,900.00. "Remember,we are here to serve the Citizens of Port Arthur" Cin'of I nrt rthu — M.K. Painting, Inc. submitted the closeout documents and Schaumburg & Polk, Inc. Engineer along with City Staff confirmed the project has been completed. All the completion of the project documents required are attached. Budget Impact: The original contract total amount was $669,000.00. Change Order No. 1 increased the contract amount by$135,00.00 to a new total contract amount of$804,000.00. Change Order No. 2 increased the contract amount by $8,700.00 to a new total contract amount of$812,700.00. Change Order No. 3 will decrease the contract amount by $11,800.00 to a new total contract amount of$800,900.00. Funds for the retainage invoice are available in Retainage Account No. 405-00-000-2050-00- 00-000. Recommendation: It is recommended that City Council adopt Proposed Resolution No.24448,authorizing the City Manager to approve Final Change Order No. 3 to decrease the contract amount by $11,800.00, accept the project completion, and authorize the release of the retainage of$40,045.00. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 24448 7/14/25 cm Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FINAL CHANGE ORDER NO. 3, DECREASING THE CONTRACT AMOUNT BY $11,800.00 TO A NEW CONTRACT AMOUNT OF $800,900.00, ACCEPT THE PROJECT COMPLETION DOCUMENTS FOR THE PROCTER STREET EXTENSION ELEVATED STORAGE TANK REHABILITATION PROJECT WITH M.K. PAINTING, INC. OF WYANDOTTE, MICHIGAN, AND AUTHORIZE THE RELEASE OF RETAINAGE IN THE TOTAL AMOUNT OF $40,045.00; FUNDING IS AVAILABLE IN RETAINAGE ACCOUNT NO. 405-00-000- 2050-00-00-000. WHEREAS, pursuant to Resolution No. 24-122, the Procter Street Extension Elevated Storage Tank Rehabilitation Project was awarded to M. K. Paining, In. of Wyandote, Michigan with a total projected budgetary amount of$669,000.00; and, WHEREAS, pursuant to Resolution No. 25-049, Change Order No. 1 was approved to install repair plates to the roof of the tank and vapor blast the tank increasing the contract amount by$135,000.00 to a new total contract amount of$804,000.00 and extend the contract time by 232 days due to alternate surface preparation method; and, WHEREAS, pursuant to Resolution No. 25-148, Change Order No. 2 was approved to repair holes in the roof, bowl, wet riser, and drain pipe by installing patch plates and filling the holes by welding,which increased the contract amount by$8,700.00 to a new total contract amount of $812,700.00 and extending the contract time by 4 days for the additional time due to such repairs; and, WHEREAS, the project engineers, Schaumburg & Polk, Inc., with agreement from contractor and City Staff, is proposing Change Order No. 3 (Exhibit "A") for final reconciliation PR No. 24448 7/14/25 cm Page 2 of 4 of quantities decreasing the contract amount by$11,800.00 to a new contract total of$800,900.00; and, WHEREAS, M.K. Painting, Inc. submitted the closeout documents which were verified by Schaumburg & Polk, Inc. Engineer and City Staff, stating that to the best of their knowledge, the Procter Street Extension Elevated Storage Tank Rehabilitation Project has been completed in general accordance with the City standards including an Engineer's Certificate of Completion (Exhibit"A"), Contractor's Affidavit(Exhibit`B"),Contractor's Certificate of Warranty (Exhibit "C"),and Contractor's Certificate and Release (Exhibit"D"); and, WHEREAS,the retainage for this project is due, as the work is completed and billed, and the release of retainage to M.K. Painting, Inc. of Wyandote, Michigan for $40,045.00 (Exhibit "E") is recommended. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized to accept the closeout documents of the Procter Street Extension Elevated Storage Tank Rehabilitation Project, including Engineer's Certificate of Completion (Exhibit "A"), Contractor's Affidavit (Exhibit `B"), Contractor's Certificate of Warranty (Exhibit"C"), Contractor's Certificate and Release (Exhibit"D"); and, THAT, the City Manager of the City of Port Arthur is hereby authorized to execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit "F") for the completion of the Procter Street Extension Elevated Storage Tank Rehabilitation Project; and, THAT, the Release of Retainage be paid to M.K. Painting, Inc. of Wyandote, Michigan, for the amount of$40,045.00 (Exhibit"E"); and, PR No. 24448 7/14/25 cm Page 3 of 4 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 , 2025 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary PR No. 24448 7/14/25 cm Page 4 of 4 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVE I OR • 1 INI TRATION: �1j ,�\`tS Ronald Burton, CP►✓\,` City Manager / (r4e(M4iti Ca vin Matthews, P.E. Water Utilities Director APPROVED AS TO FUND AVAILABILITY: in6 '&14 Wtte) yn Lyn) Boswell, MA, ICMA-CM Finance Director r1►i ; iV c„t Clifton, E. Williams Jr., CPPB Purchasing Manager EXHIBIT A (Engineer's Certificate of Completion) al 61 July 18, 2025 SCHAUMBURG POLK, Mrs. Jess Liao, PE Utility Engineering Manager City of Port Arthur 444 4th St, Port Arthur, Texas 77640 Re: Procter Street Extension EST Elevated Storage Tank Rehabilitation Certificate of Completion Dear Mrs. Liao, This letter is intended to serve as our written certification that the above referenced project has been completed, and to the best of our knowledge, the work has been constructed in accordance with the plans and specifications. Please note that the warranty period for the above referenced project started May 14, 2025, and will run for a period of 12 month thereafter. A warranty inspection of the EST will be conducted 11 months after the start of the warranty period. The contractor has provided a three (3) year additional warranty period on the exterior roof coating. The additional warranty will start the day after the initial warranty period. The exterior roof coating will be inspected at the end of each of the three (3) additional and if any damaged is found the contractor will address it at no cost to the owner. See attached additional warranty letter from MK Painting, Inc. Sincerely, SCHAUMBURG & OLK, INC. Nestor Barro to Project Manager CC: Mr. Calvin Matthews, City of Port Arthur Mr. Clifton Willimas, City of Port Arthur Mr. Harry Elmazaj, MK Painting, Inc. Mr. Clark Northup, STW Inspections, LLC. 8865 College Street, Suite 100 I Beaumont, TX 77707 www.SPI-ENG.com P 409 866 0341 I F: 409,866.0337 EXHIBIT B (Contractor's Affidavit) CONTRACTOR'S AFFIDAVIT OF BILLS PAID STATE OF Michigan COUNTY OF Wayne BEFORE ME, the undersigned authority, personally appeared Harry Elmazaj, who being under oath, says that he is the legal representative of M. K. Painting, Inc. of Wyandotte, Michigan and that the contract designated as Procter Street Extension Elevated Storage Tank Rehabilitation project located in Port Arthur, Texas. The undersigned was by me duly sworn and now states upon oath: 1. The improvements required by the Contract have been erected and completed in full compliance with the Contract and agreed plans and specifications for the Contract. 2. All bids and claims for materials furnished and labor performed on the Contract have been paid. There are no outstanding unpaid bills or legal claims for labor performed or materials furnished upon the job. 3. This Affidavit is being made by the undersigned realizing that it is in reliance upon the truthfulness of the statements contained herein that final and full settlement of the balance due on the Contract is being made and in consideration of the disbursement of funds by Owner, the undersigned expressly gives and releases all liens, claims and rights to assert a lien on said premises and agrees to indemnify and hold Owner safe and harmless from and against all losses, damages,'costs, and expenses of any character whatsoever, specifically including court costs, bonding fees and attorney fees, arising out of, or in any way relating to claims for unpaid labor or material used or associated with/ construction of improvements under the Contract. Sig ned/77 -/ �/ z Name & Title ( /arf`/ 6(,1-7a 2 . , Fr es;c4,4 Subscribed and sworn before me, the undersigned authority, on this the j day of 3,A., , 20,2_3. ,) ,_ --- ,e__‘Y ' -/4?---C-- P. lot9ry Public in and for the State of Michigan GENEVIEVE E REED NOTARY PUBLIC-STATE OF MICHIGAN COUNTY OF WAYNE My Commission Expires May 28,2025 EXHIBIT C (Contractor's Certificate of Warranty) CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: M. K. Painting, Inc. (Annie of Contractor TO:City of Port Arthur, Texas ((Avner) REFERENCE CONTRACT NO.: P24-122 CONTRACT ENTERED INTO THE 1 DAY OF June BETWEEN THE CITY OF PORT ARTHUR AND M. K. Painting, Inc. OF 2024 FOR THE PROJECT Procter Street Extension Elevated Storage Tank Rehabilitation KNOW ALL MEN BY THESE PRESENTS: 1.) Harry Elmazaj, M. K. Painting, Inc. does hereby guarantee all of the work done under the (Name of 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.) This Certificate is given in connection with the final payment under the contract between the Owner and M. K. Painting, Inc. ,and with the knowledge that it will be relied upon in t\ame of Contra(for) 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 hass signed and sealed this instrument this j ` day of ,202H: M. K. Painting, Inc. (SEAL} (Contractor) BY: -f/ 2;_ (Sigma dre) Harry Elmazaj, President (Printed Name/Title of Officer) 1-Warranty Harry Elmazaj , being first duly sworn on oath,deposes and says, First,that,he/she is the (Affiant) President a M. K. Painting. Inc. (Title) (.vame of(innpanp Second,that he/she has read the foregoing certificate by him/her subscribed as President (1 ifI i or M. K. Painting, Inc. (Name of Company) Affiant further states that the matters and things stated herein are true. (.Afant) Subscribed and sworn to before me this 15 day of \o ,202X.s My commission expires V1/4.a...i . DTI 2-Warranty EXHIBIT D (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: M. K. Painting, Inc. (Name ofContractor) TO:City of Port Arthur,Texas (Owner) REFERENCE CONTRACT NO.:P24-122 CONTRACT ENTERED INTO THE 1 DAY OF June BETWEEN THE CITY OF PORT ARTHUR AND M.K.Painting,Inc. OF 2024 FOR THE PROJECT Procter Street Extension Elevated Storage Tank Rehabilitation 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 $800,900.00 . 2.) The undersigned further certifies that in addition to the amount set forth in Paragraph I,there are outstanding and unsettled the following items which he claims are just,and due and owing by the Owner to the Contractor: a. b. c. d. (Itemize claims and amounts due,if none,so state) 3.) The undersigned further certifies that all work required under this contract,including work required under Change Order(s)numbered 1-3 ,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 I and 2 hereof,the undersigned has received fron?the Owner all sums of money payable to the undersigned under,or pursuant to,tl'te above-mentioned contract or any modifications or changes thereof. 5.) That in consideration of the payment of the amount stated in Paragraph I 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 I 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 I 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. - I IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this /S day of ,2025. M. K. Painting, Inc. SE.11.} (Contractor) BY:,,-4/7 -i (Signal re� 1 Harry Elmazaj, President (Printed Name/Title of Officer) Harry Elmazaj ,being first duly sworn on oath,deposes and says,First,that, he/she is the (Afant) • , President of M. K. Painting, Inc. (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as President i' (Title) of M. K. Painting, Inc. (Name of Company) Affiant further states that the matters and things stated herein are true. (Affiant) Subscribed and sworn to before me this /5 day of iqc. .2025. My commission expires ,7 GENEVIEVE E REED NOT NOTARY PUBLIC-STATE OF MICHIGAN COUNTY OF WAYNE My Commission Expires May 28,2025 2 EXHIBIT E (Retainage Invoice) 00 off no .8� a o v 0 a o voq oo� 8'< " o ° n -'• li w a- 0 g 9 Q o B p "�gan Yam " m < :-r F 4. .a°i.Fn L m N h hn. z 0. "y ne`�oy " 2a5p3 on wN - tl m y S O. .. �,`O'°y,�^' 022<00. m tOi1 • a°oP. 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N N @ to i o 9. b b' O M P. e NH b 8- 8- g g g o ' g o g o g o g g g : ' ! 0gs $ $ $ og M pAon P O O O gg �C-q. O O O b O C O Q O m V o a, e . g O O O ae g e e v... V SI a F P7 tog g •g ° o o a O I EXHIBIT F (City of Port Arthur Certificate of Acceptance) CERTIFICATE OF ACCEPTANCE FOR PROCTER STREET EXTENSION ELEVATED STORAGE TANK REHABILITATION PROJECT FOR THE CITY OF PORT ARTHUR To: M.K. Painting, Inc. of Wyandote, Michigan This document is to certify that the City of Port Arthur, Texas accepts the completion of the Procter Street Extension Elevated Storage Tank Rehabilitation Project, based on the Engineer's Certificate of Completion by Schaumburg&Polk,Inc.,Contractor's Affidavit of Bills Paid, the Contractor's Certificate and Release, and Contractor's Certificate of Warranty from M.K. Painting, Inc. of Wyandote, Michigan. Ronald Burton, CPM City Manager ATTEST: Sherri Bellard City Secretary