HomeMy WebLinkAboutPR 24390: RELEASE OF RETAINGAGE FOR (PAT) BUS STOP RECONSTRUCTION PROJECT ROUND 3 City of Port Arthur
Transit Department
Memorandum
To: Ronald Burton,City Manager (�
From: Ivan Mitchell,Transit Director 9 \
"
Date: August 8,2025
Re: P.R. 24390—A resolution authorizing the release of retainage for Port Arthur Transit's
(PAT)bus stop reconstruction project Round 3
Nature of Request: Authorize the City Manager to accept the Certificate of Substantial Completion,
Contractor's Affidavit of All Bills Paid, Contractor's Certificate of Warranty, Contractor's Certificate
of Guarantee, Engineer's Certificate of 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 the release
of retainage in the amount of$9,958.78 to Greenscapes, Inc. for bus stop reconstruction round 3.
Background: Pursuant to Resolution No. 25-147, the City Council awarded a contract to
Greenscapes Inc. to reconstruct bus stops in the amount not to exceed $199,175.50. Greenscapes,
Inc. has completed all contract tasks.
Recommendation: It is recommended that the City Council approve proposed P.R. 24390. This
resolution would authorize the City Manager to execute on behalf of PAT the release of retainage
in the amount of $9,958.78 and authorize the Engineer's Certificate of 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.
Funds available in account 401-00-000-2050-00-000 Project TR11316 CAP.00O.
P.R. No. 24390
8/8/2025 IM/TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
CLOSEOUT DOCUMENTS SUBMITTED BY GREENSCAPES, INC. OF
LIBERTY, TEXAS, FOR PORT ARTHUR TRANSIT'S BUS STOPS
RECONSTRUCTION PROJECT AND AUTHORIZING THE CITY MANAGER
TO RELEASE THE RETAINAGE IN THE AMOUNT OF $9,958.78; FUNDS
AVAILABLE IN ACCOUNT 401-00-000-2050-00-000 PROJECT TR11316
CAP.00O.
WHEREAS, the Port Arthur Transit Department, at the commencement of this project,
identified twenty-four (24) bus stop pad locations in need of upgrades to ensure compliance with the
Americans with Disabilities Act(ADA), as more fully set forth in Exhibit"A"; and,
WHEREAS, pursuant to Resolution No. 25-147, the City Council authorized the City
Manager to enter into a contract with Greenscapes, Inc. for the bus stop reconstruction in an amount
not to exceed $199,175.50; and,
WHEREAS, Port Arthur Transit has received the following contract documents and made a
part hereof: Certificate of Substantial Completion, Contractor's Affidavit of All Bills Paid,
Contractor's Certificate of Warranty, Contractor's Certificate of Guarantee, Engineer's Certificate of
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 executed by Greenscapes, Inc. as
delineated in Exhibit`B"; and,
WHEREAS, the retainage withheld for the project, representing five percent (5%) of the total
work completed and billed, amounts to ($9,958.78), as delineated in Exhibit"C"; and,
WHEREAS, the Transit Department has determined that Greenscapes Inc. has fully and
satisfactorily completed the project in accordance with the contract and specifications and has formally
accepted the work.
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.
THAT, the City Council authorizes the City Manager to accept the closeout documents
submitted by Greenscapes, Inc. (Exhibit`B").
THAT, the final payment be made to Greenscapes, Inc. in the amount of$9,958.78 (Exhibit
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. No. 24390
8/8/2025 IM
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:
Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
401-00-000-2050-00-000
PROJECT TR11316 CAP.00O
( r
(2-1, __C-7,-;
�i-
Ronald Burton 'Lynda Boswell
City Mana Director of Finance
\QQA(\e-6
fton Williams,t.;PPB Ivan Mitch (fe—fl/i/
Purchasing Manager j/ Transit Director
P.R. No. 24390
8/8/2025 IM
Exhibit "A"
TBPE Firm No. F-5755
P, TBPLS Firm No.10123800
LA EF.0005711
G -R. �' O1TTEXH ,& �-- 1 3737 Doctors Drive
""i Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
November 09, 2022 , ,3 - 0 137
Ivan Mitchell
Transit Director 6( ce-t2p City of Port Arthur
344 Procter Street
Port Arthur,TX 77640
Re: Surveying& Civil Engineering Services
2022 Port Arthur Transit Bus Pad Improvement Project(24 Bus Pad Locations)
Port Arthur Transit Department has 24 bus stop locations that are to be upgraded to ADA compliant
8'x15'+/-concrete pads with associated signage at the following locations.
1D# Main Street: Cross Street:
027 Stadium Road Proctor Street
028 Stadium Road 7th Street
029 Stadium Road 9th Street
033 Jefferson Drive Gulfway Drive
035 Jefferson Drive Thomas Jefferson Jr. High
036 Jefferson Drive 25th Street
037 Jefferson Drive Bay Street
041 Jefferson Drive 32"d Street
042 Jefferson Drive 25th Street
043 Jefferson Drive Opp Thomas Jefferson Jr. High
044 Jefferson Drive Gulfway Drive
I 045 Jefferson Drive Gulfway Drive
046 Jefferson Drive 13`h Street
047 Jefferson Drive Lewis Drive
048 Stadium Road 10th Street
049 Stadium Road 7`h Street
I050 Stadium Road Procter Street
187 Twin City Highway Ridgewood Avenue
188 Twin City Highway 76th Street
189 Twin City Highway 53`d Street
191 Twin City Highway 53`d Street
192 Twin City Highway 46th Street
194 Twin City Highway Hwy 73
367 Twin City Highway 46th Street
COPA 2022 Bus Pad Improvement Project
Scope of Services
1. FIELDWORK
Soutex will collect limited survey data for the 24 bus pad sites.This information will be used to
identify best placement for proposed pad, ensure pad with within the right-of-way, ensure the pad
size will fit the best location and plan for ADA compliance.
2. CONSTRUCTION PLANSET
Soutex will prepare a planset for the 24 bus pad sites. It will include typical bus pad details, traffic
control, general notes, etc.
3. BID DOCUMENTS/ BIDDING
Soutex will supply bid tabs/project specifications, attend Pre-Bid Conference, answer Engineering
related questions and attend the Bid Opening.
We propose a lump sum fee of$21,145.00
For the Firm, For the Client,
Jeremy Mitchell, PE, RPLS Signature
Title
Date
COPA 2022 Bus Pad Improvement Project
P.R. No. 24390
8/8/2025 IM
J
Exhibit "B"
TBPE Firm No.F-5755
Qom,_ ._ TBPLS Firm No.10123800
OUTE __ _......„ . �`� LA EF.0005711
,� y-- -- 3737 Doctors Drive
Port Arthur,Texas 77642
P. SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
CERTIFICATE OF SUBSTANTIAL COMPLETION
Owner: City of Port Arthur Owner's Contract No.:25-147
Contractor: Greenscapes Six Contractor's Project No.:
Engineer: Soutex Surveyors and Engineers Engineer's Project No.: 23-0139
Project: Transit Bus Stops—Round 3 Contract Name: Transit Bus
Stop—Round 3
This[ ►nafy][final]Certificate of Substantial Completion applies to:
® All Work ❑ The following specified portions of the Work:
06/9/2025
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
DAs 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.
EXECUTED BY ENGINEER: INRECEIVED: RECEIVED:
By:
I
By:
uth rized signature) Owner(Authorized Signature) Contractor uthorized Signature)
Tit e: t; �•- Title: Transit Director Title: Project Manager
Date: ij\/p/?s Date: 9-15-25 Date: 6/10/25
ENGINEER'S CERTIFICATE OF COMPLETION
Project: CITY OF PORT ARTHUR
BUS PADS ROUND 3, 25-147
Date of Issuance: JUNE 9, 2025
Owner(s): CITY OF PORT ARTHUR
Soutex Project No.: 23-0139
Engineer: SOUTEX SURVEYORS& ENGINEERS
Contractor: Greenscapes Six
This Engineer's Certificate of Completion applies to all Work under the Contract Documents
or to the following specified parts thereof:
TO CITY OF PORT ARTHUR
(OWNER)
AND TO GREENSCAPES SIX
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives
of Owner, Contractor and Engineer, and that Work is hereby declared to be complete in
accordance with the Contract Documents on
JUNE 9,2025 JUNE 23,2025
DATE OF SUBSTANTIAL COMPLETION DATE OF COMPLETION
Executed by Engineer on Sine- ZS ibZs ,2025 ,r'S� ".... Ili
JEREMY J.MITCHELL A
4.31A4. ......
JE Y MI ELL, P.E.,RPLS �t��^S/ONE••
UT X SURV ORS&ENGINEERS
F,*r~ M. s-755
1/1
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: Transit Bus Stops—Round 3
Location: Port Arthur, Texas
Owner: City of Port Arthur
County of Jefferson
State of Texas
The undersigned hereby certifies that, except as listed below, all previous progress payments
received on account of the Work, have been applied on account to discharge Contractor's
legitimate obligations associated with prior Applications for Payment.
Exceptions: NONE
Signature:1a.eicz7. .
%�
Print: Zachary B. Tiemann
Date: 9/15/2025
Sworn to and subscribed to me, a
Notary Public, this 15th day of September ,2025.
rir
j-1,44 L AINIV:,, CHRIS WECKWERTH
,
(Notary Public) ==d 4�Notary Public,State of Texas
• Comm.Expires 11-23-2025
11/23/2025
',,"F'���° Notary ID 1074147-8
My Commission Expires:
.°6
GREENSCAPES SIX
GOLF I CONCRETE I ATHLETIC I IRRIGATION I LANDSCAPE I LOGISTICS
Warranty/Guarantee
We hereby guarantee that the work as defined in our Contract Order with
The City of Port Arthur ,which we have installed/supplied at Various Locations
located at City of Port Arthur Bus Pads Round 3 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 7-17-2025
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,we 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
The City of Port Arthur brings an action to enforce this guarantee/warranty,we agree to pay
The City of Port Arthur reasonable attorney's fees and other litigation cost incurred in
connection therewith.
Contractor Name: Greenscapes Six, LLC
Signed: I U. /G¢112442t -
Printed Name: Zachary B.Tiemann
Date: 7-17-2025
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
•
Project: The City of Port Arthur BUS PAD ROUND 3
Job No.: 25-147 .
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 BUS PAD ROUND 3 located at
Various Bus Pad Locations
(Owner)(Job Description)
and does hereby waive and release any right to mechanic's lien,any state or federal statutory bond
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.
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.
This the 7th day of August ,20 25 .
Greenscapes Six, LLC
Name of Company
By:
,,. g. ,.. Project Manager
..`"nuio., CHRIS WECKWERTH
=Z`.• Notary Public.State of Texas
Signature Title9r�= Comm.Expires 11-23-2025
'Z;5,F„` • Notary ID 1074147-8
Zachary B. Tiemann
Type or Print Name
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
PROJECT: The City of Port Arthur BUS PAD ROUND 3
JOB NO.: 25-147
The City of Port Arthur
On receipt by the signer of this document of a check from (person with whom signer
contracted)in the sum of S 199,175 50 payable to Greenscapes Six, LLC (payee or payees of
check)and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this
document becomes effective to release any mechanic's lien right, any right arising from a payment bond that
complies with a state or federal statute,any common law payment 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 signer's position
that the signer has on the property of The City of Port Arthur (owner) located at
various Bus Pad Locations (location) to the following extent: `ma's""`t°fof bus stops et ranous wca°`Rs (job
description).
This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the
property or to Greenscapes Six, LLC (person with whom the 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 has already paid or will use the funds received from this final payment to promptly
pay in full of all the signer's laborers,subcontractors,materialmen,and suppliers for all work,materials,equipment,
or services provided for or to the above referenced project up to the date of this waiver and release.
Date: 7/17/2025
Company Name: Greenscapes Six,LLC
By: Ja %urxa•up
Print Name: Zachary B. Tiemann
Title: Project Manager
This instrument was ACKNOWLEDGED before me by Zachary B. Tiemann (signer's name) as
Project Manager (title) of Greenscapes Six, LLC (company) known to me to be the
person whose name is subscribed to the foregoing instrument,who after being duly sworn acknowledged to me that
the same was the act of Greenscapes Six,LLC (company) and that he/she executed same as an act of
such company for the purposes and consideration stated therein. /,
iv nunder my hand and seal of office,this the j 1414 day o 20{/J
CJ-Pw'-
Notary Public in and for the State of Texas
My Commission Expires:
• 41'i'r"'N CHRIS WECKWERTH
:s_. .Notary Public.State of Texas
k Comm.Expires 11-23-2025
��' O''�`� Notary ID 1074147-8
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Greenscapes Six, LLC Invoice
13 Private Road 1160 Date 6/3/2025
Liberty, TX 77575
cweck@greenscapes6.com Invoice # 2025-0571
P.O.Number
Bit To Terms Due on receipt
City of Port Arthur
P.O. Box 1089 Total $9,958.80
Port Arthur,TX 77641
Transit Bus Pad
Description Quantity Unit Unit Price Amount
Retainage EA 9,958.80 9,958.80
Thank you for your business. Subtotal $9,958.80
Sales Tax(0.0%) $0.00
Total $9,958.80
Exhibit "C"
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