HomeMy WebLinkAboutPR 24586: CHANGE ORDER NO. 2 WITH MIKE BARNETT CONSTRUCTION, CREDIT IN THE AMOUNT OF $5,000.00 P.R.No. 24586
12/24/2025 AJS-TNR
Memorandum
City of Port Arthur, Texas
Robert A. "Bob"Bowers Civic Center
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Adam J Saunders, Civic Center Dir
RE: Proposed Resolution No. 24586
The purpose of this memorandum is to request City Council approval authorizing the City
Manager to execute Change Order No. Two, to the contract with Mike Barnett Construction of
Port Neches, Texas, accept all required project close-out documents, and approve final payment
in the amount of$4,371.90 for the completion of the roof replacement and related supplemental
improvements at the West Side Clinic.
ANALYSIS/CONSIDERATION:
The West Side Clinic experienced continued water intrusion due to a failed roof, necessitating
roof replacement along with related supplemental repairs, including ceiling tiles, insulation,
cabinetry, grid, and wall repairs.
Following competitive bidding, the City Council awarded the contract to Mike Barnett
Construction by Resolution No. 25-205 in the amount of $80,648.00. Subsequently, the City
Council approved Change Order No. One by Resolution No. 25-416 in the amount of
$11,790.00, increasing the total project cost to $92,438.00.
The contract included a contingency allowance of $5,000.00, which was not utilized during
construction. As a result, the contractor has submitted Change Order No. Two reflecting a credit
in the amount of$5,000.00, reducing the total contract amount to $87,438.00.
All work under the contract has been completed in accordance with the contract documents and
has been inspected and accepted by City staff. The contractor has submitted all required close-
out documentation, including:
• Certificate of Substantial Completion
• Contractor's Certificate and Release
• Contractor's Certificate of Warranty
• Certificate of Acceptance
• Engineer's Certificate of Completion,
• Contractor's Affidavit of all bills paid
• Contractor's Certificate of Guarantee
The contractor has requested release of retainage in the amount of$4,371.90, which represents
the final payment due under the contract.
BUDGETARY AND FISCAL EFFECT
Approval of Change Order No. Two results in a net decrease to the total project cost from
$92,438.00 to $87,438.00. Final payment in the amount of$4,371.90 will close out the project.
.. ..... . ......... ....._ .. .. .
P.R.No.24586
12/24/2025 AJS-TNR
Funding for the project is available in Account No. 307-00-000-2050-00-00-000, Project
BU0022. No additional appropriation is required.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution authorizing:
1. Execution of Change Order No.Two providing a$5,000.00 credit.
2. Acceptance of all project close-out documents; and
3. Approval of final payment, including release of retainage, in the amount of$4,371.90 to
Mike Barnett Construction of Port Neches,Texas.
P.R.No.24586
12/24/2025 AJS-TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE CHANGE ORDER NO. TWO TO THE CONTRACT
WITH MIKE BARNETT CONSTRUCTION OF PORT
NECHES, TEXAS, PROVIDING A CREDIT IN THE AMOUNT
OF $5,000.00 AND REDUCING THE TOTAL CONTRACT
AMOUNT FROM $92,438.00 TO $87,438.00; FURTHER
AUTHORIZING THE ACCEPTANCE OF PROJECT CLOSE-
OUT DOCUMENTS AND APPROVAL OF FINAL PAYMENT
IN THE AMOUNT OF $4,371.90 FOR THE COMPLETION OF
THE ROOF REPLACEMENT AND RELATED
SUPPLEMENTAL IMPROVEMENTS AT THE WEST SIDE
CLINIC; FUNDING IS AVAILABLE IN ACCOUNT NO. 307-
00-000-2050-00-00-000-PROJECT BU0022.
WHEREAS, the West Side Clinic required replacement of its roof due to continued
water intrusion resulting from roof failure, together with certain related supplemental repairs,
including, but not limited to, ceiling tiles, insulation, cabinetry, grid, and wall repairs; and
WHEREAS, pursuant to Resolution No. 25-205, City Council awarded a contract to
Mike Barnett Construction of Port Neches, Texas, for roof replacement and related supplemental
work at the West Side Clinic in the original amount of$80,648.00; and
WHEREAS, during construction, it was determined that additional repairs were required
due to unforeseen circumstances following demolition work in preparation for the new roof. The
necessary modifications involved removal and replacement of the existing through-wall flashing
to ensure compliance with warranty requirements; and
WHEREAS, to accomplish the aforementioned repairs City Council approved Change
Order No. One pursuant to Resolution No. 25-416, in the amount of$11,790.00, increasing the
total project amount to $92,438.00; and
WHEREAS, the contract included a contingency allowance in the amount of$5,000.00,
which was not utilized during construction; and
WHEREAS, Mike Barnett Construction has submitted Change Order No. Two reflecting
a credit of$5,000.00, thereby reducing the total contract amount from $92,438.00 to a revised
total of$87,438.00, attached hereto as Exhibits"G"; and
WHEREAS, the contractor has completed all work in accordance with the contract
documents, and the project has been inspected and accepted by City staff; and
WHEREAS, the contractor has submitted all required close-out documentation,
including the Certificate of Substantial Completion, the Engineer's Certificate of Completion, the
P.R.No. 24586
12/24/2025 AJS-TNR
Contractor's Affidavit of all bills paid, the Contractor's Certificate of Warranty, and the
Contractor's Certificate Release and Guarantee, attached hereto as Exhibits "A- F."
WHEREAS, the contractor has requested release of retainage in the amount of
$4,371.90, representing final payment under the contract attached hereto as Exhibit "H"; and
WHEREAS, funding for this project is available in Account No. 307-00-000-2050-00-
00-00-000, Project BU0022; and
WHEREAS, approval of Change Order No. Two, acceptance of the close-out
documents, and authorization of final payment are in the best interest of the City.
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 Manager is hereby authorized to execute Change Order No. Two to the
contract with Mike Barnett Construction of Port Neches, Texas, providing a credit in the amount
of$5,000.00 and reducing the total contract amount to $87,438.00; and,
THAT, the City Manager is further authorized to accept all required project close-out
documents, including the Certificate of Substantial Completion, Engineer's Certificate of
Completion, Contractor's Affidavit of all bills paid, Contractor's Certificate of Warranty, and the
Contractor's Certificate of Guarantee and Release, attached hereto as Exhibits "A- F." and to
execute the Certificate of Acceptance for the West Side Clinic project.
THAT, Final payment, including release of retainage, in the amount of $4,371.90, is
hereby approved and authorized to be paid to Mike Barnett Construction of Port Neches, Texas;
and,
THAT, Funding for the approved actions shall be provided from Account No. 307-00-
000-2050-00-00-000, Project BU0022; and,
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 2026 AD, 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
APPROVED
Roxann Pais Cotroneo
City Attorney
APPROVE R A ISTRATION:
Ronald Burt , P
City Manager
APPRO AS TO
FUN'`'AILABILITY:
3 ea /fleigVJ-4—
L nd- oswell, M.A., ICMA-CM
Director of Finance
/4a/cLL,
Clifton illiams, CPPB
Purchasing Manager
EXHIBIT "A"
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: Project#25-205
Project Name: Roof Replacement of the West Side Clinic
Contractor: Mika Barnett Construction
Description of Work: Roof Replacement
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as 10/10/2025 .
KNOW ALL MEN BY THESE PRESENTS:
I.) The stage of construction where,in the opinion of the City of Port Arthur,all items of the work necessary
to enable the assets to be utilized without testilotions for the purpose for which the asset was constructed
have been completed;and
2.) All pay items are complete and all necessary testing as required by the Laws and Regulations and/or
Contract Documents have all been completed.
Punch List
All list of items to be completed or corrected,prepared by the CONTRACTOR and verified and amended by the
ENGINEER,is attached hereto.The failure to include any items on such list does not alter the responsibility of
the CONTRACTOR to complete all work in accordance with the contract documents.The CONTRACTOR shall
complete or correct the work on the list of items attached hereto within in 60 days from the above date of
substantial completion.The responsibilities shall be as set out in the Contract Documents or on the attached
hereto.If not specified in and an attachment or in the Contract Documents the CONTRACTOR is responsible for
maintenance,utilities and insurance.
Mike Barnett Construction 10/10/2025
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR ACCEPTANCE
l l6 -20 Z
ENGINEER NAME SIGNATURE DATE
The City of Port Arthur accepts the work as Substantially Complete.City of Port Arthur,Department of Public
Works.
PROJECT MANAGER SIGNATURE DATE
stiff� 01---r' � �� 1 —
CITY ENGINEER SIGNATURE DATE
PUBLIC WORKS DIRECTOR SIGNATURE DATE
EXHIBIT "B"
ENGINEER'S CERTIFICATE OF COMPLETION
Project: West Side Clinic Roof
Date of Issuance:
Owner(s): City of Port Arthur
Owner's Project Number: BU0022
Engineer: After my inspection on this roof of this Building BU0023 everything seems to be
working properly and is in order with the agreement for the repair to the Roof of this
Building.
Contractor:
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: S- <.: e
(ENGINEER)
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
DATE OF COMPLETION
Executed by Engineer on L12
o%I2, zv2
City of
ort rthuur�_
Ti.rus
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: 10/14/25
Project: Roof replacement and repair West Side Clinic; Release of Retainage.
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on October 10, 2025 and that the work was
under periodic inspection during construction by myself and City Inspectors. That to the best of my
knowledge, the project was constructed substantially in accordance with the plans and specifications.
Submitted by:
isg1(4-
Adam J
aunders
Civic Center Director
3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801
EXHIBIT "C"
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: Roof Replacement of the West Side Clinic
LOCATION: Port Arthur,Texas
OWNER: City of Port Arthur
STATE OF TEXAS;
COUNTY OF JEFFERSON;
The undersigned hereby certifies that,except as listed below,payment has been made in full and all
obligations have otherwise been satisfied for all materials and equipment furnished for all work,labor,
and services preformed and for all known indebtedness and claims against the Contractor for damages
arising in any manner in connection with the performance of the Contract referenced above for which
the Owner's property might in a way be held responsible or encumbered.
Exceptions:
NONE
Contractor: Mike Barnett Construction ,Texas
Signature:
Printed Name: Lance Barnett
Date: 10/13/2025
Subscribed and sworn to before me this 13 day of (3CA-v ex ,20215-
My commission expires: q\3\rd-491 I ,uuq,,
� KENNADI SPACEK
.74 Notary Public,State of Texas
• +°r,i.:4: C Notam.ryxpires 309-82029
NOTARY
EXHIBIT "D"
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: Mike Barnett Construction
(Name of Contractor)
TO: • City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: 25-205
CONTRACT ENTERED INTO THE 20th DAY OF May BETWEEN THE
CITY OF PORT ARTHUR AND Mike Barnett Construction
OF 1701 Port Neches Avenue,Port Neches,TX 77651
FOR THE PROJECT Roof Replacement of The West Side Clinic
KNOW ALL MEN BY THESE PRESENTS:
1.) Mike Barnett Construction 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
M1km Rarnett Cnnatructlnn ,and with the knowledge that it will be relied upon in
(Name of Contractor)
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 has signed and sealed this instrument this 3 day of
C)cen ,202
Mike Barnett Construction
{SEAL} (Contractor)
(Signature)
Lance Barnett GM/Partner
(Printed Name/Title of Officer)
1-Warranty
Lance Barnett ,being first duly sworn on oath,deposes and says,First,that,he/she is the
(Affiant)
GM/Partner of Mike Barnett Construction
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as GM/Partner
(Title)
of Mike Barnett Construction
(Name of Company)
Affiant further states that the matters and things stated herein are true.
Aunt)
Subscribed and sworn to before me this day of j23O t i ,204
My commission expires J- L ` " KENNADI SPACEK
4'.-,,Notary Public,State of Texas
?"ak e�= Comm.Expires 09-03-2029
Of"' Notary ID 135528869
NOTARY
2-Warranty
EXHIBIT "E"
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ACE 4.4›..itr'r etworet.tcalo t1
TO: err-/ tr 7bh`r 4'r.uia
FOR: acc bitAci War of THE /Cgs
REFERENCE CONTRACT NO. 451- ZDS' ENTERED INTO THE /e'
DAY OF Quo) ,2025,BETWEEN THE CITY OF PORT ARTHUR
AND &4'4t-rr s?eveA)
(CONTRACTOR)
OF 7'i- Ake4115
(CITY/STATE)
FOR: Aar APPAcrstt pc lie desi S.DE lc
(PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. J4MC 4f4M71 does hereby guarantee all of the work done under the
above referenced contract to be free from faulty materials in every particular, and free
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 require 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.
IN WITNESS THEREOF,the undersigned has signed and sealed this instrument this the
tin day of 1)e,-C 5M.60(2— ,2025.
COMPANY VA
f t/� f('�'� '(�
SEAL IkAdk A ' A/"► „"kk CDf 1�1 'N`-k`O�' `
(COMPANY NAME)
(OWNER,SIGNATURE/TITLE)
%AMC 3#edirr
(PRINT)
SUBSCRIBED AND SWORN to before me this I day of 1) C5M( .
207
My commission expires
3 o ?Pi
(DATE)
KENNADI SPACEK
er,,,40,/Notary Public.State of Texas
€ Comm.Expires 09-03-2029
°g####R1����� Notary ID 135526869
(NOTARY PUBLIC)
NOTARY SEAL
EXHIBIT "F"
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Mike Barnett Construction
(Name of Contractor)
TO: City Of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: 25-205
CONTRACT ENTERED INTO THE 20th DAY OF May BETWEEN THE
CITY OF PORT ARTHUR AND Mike Barnett Construction
OF 1701 Port Neches Avenue.Port Neches.TX 77651
FOR THE PROJECT Roof Replacement of the Westside Clinic
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
$ $53,990.50
2.) The undersigned further certifies that in addition to the amount set forth in Paragraph 1,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. NONE
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 ,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 1 and 2 hereof,the undersigned has received from the
Owner all sums of money payable to the undersigned under,or pursuant to,the above-mentioned contract
or any modifications or changes thereof.
5.) That in consideration of the payment of the amount stated in Paragraph 1 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 1 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 1 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.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this I day of
C)0-0 Ii'J( ,2025
Mike Barnett Construction
(SEAL) (Contractor)
BY: i � .c.w�i
(Signature)
Lance Barnett GM/Partner
(Printed Name/Title of Officer)
being first duly sworn on oath,deposes and says,First,that,he/she is the
(A t
61•41/ yi erX.49 of Mike Barnett Construction ,
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as GM/Partner
(Title)
of Mike Barnett Construction .
(Name of Company)
Affiant further states that the matters and things stated herein are true.
:ant) 6 ---
Subscribed and sworn to before me this 13 day of b v 1 U'OIJt ,202g.
My commission expires DI—3— 2- j "' ' ram KENNAD I SPACEK
r°i .g.Notary Public,State of Texas
Notary ID 135526869
1. ;iy. Comm.Expires 09.03-2029
;, '',,,,?n�
NO P1"-41--"'"•• '
2
Exhibit "G"
MIKE BARNETT
CONSTRUCTION P R # 2 • 0
1701 Port Neches Ave PROJECT: P25-205 City of Port Arthur
Port Neches,Texas 77651 Westside Clinic
(409) 727-5673 Roof project
CHANGE PROPOSAL REQUEST
TO: City of Port Arthur FROM: Mike Barnett Construction
221 Houston Ave. 1701 Port Neches Ave.
Port Arthur,Texas 77642 Port Neches,Texas 77651
Attn: Adam Sanders Russell Bourgeois
CHANGE PROPOSAL#: CPR#2.0 DATE: 11/04/25
REFERENCE: Credit for Contingency NON-USE SCHEDULE IMPACT: 0
DESCRIPTION OF CHANGE:Contingency amount NON-USE
To credit to the contract amount the contingency amount not applied to the job.
DESCRIPTION UNIT QTY UNIT $ TYPE TOTALS
1. Credit for contingency amount not applied ($5000.00)
to job.
SUBTOTAL: ' 5,000.00)
SALES TAX: $
CHANGE PROPOSAL GRAND TOTAL: ($ 5,000.00)
Exhibit " H "
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CITY OF PORT ARTHUR, TEXAS
RETAINAGE FORM
Date:10/14/25
Department/Division: Civ Ctr
Vendor # 7775
Purchase Order Number
PAYEE NAME & ADDRESS
Mike Barnett Construction Resolution Number 25-205
Retainage Amount: $4,371.90
Account number: 307-00-000-2050-00-00-000,
PROJECT NO. B00022
Description/Explanation
Retainage for West Side Clinic Roof
MULTI-ACCOUNT DISTRIBUTION
rAmount Account Number Amount
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APPROVED BY:
Supervisor
Department Director "idas,psamodeu
Finance Director
CITY OF PORT ARTHUR, TEXAS
CIVIC CENTER DEPARTMENT
CERTIFICATE OF ACCEPTANCE FOR...
West Side Clinic Roof
To: Mike Barnett Construction
This document is to certify that the City of Port Arthur, Texas accepts the completion of the roof
replacement and repairs at the West Side Clinic, on the basis of the recommendation of the City
of Port Arthur's Civic Center Department and receipt of the Certificate of Completion,
Contractor's Affidavit of All Debts Paid, Contractor's Certificate of Release, Contractor's
Certificate of Warranty executed by Mike Barnett Construction of Port Neches,Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary