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HomeMy WebLinkAboutPR 24587: CHANGE ORDER NO. TWO TO THE CONTRACT WITH MIKE BARNETT CONSTRUCTION, DECREASE P.R.No.24587 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. 24587 The purpose of this memorandum is to authorize the city manager to execute change order no. two to the contract with Mike Barnett construction of Port Neches, Texas for a credit of$5000.00 resulting in a decrease to the contract amount from $76,685.00 to a new total contract amount of $71,685.00; and further authorizing the acceptance of close-out documents and the approval of final payment in the amount of $3,584.25 for the completion of the roof replacement at the west side development center. Funding is available in the Account Number. 307-00-000-2050-00-00-000-Project Bu0023. 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 roof replacement contract to Mike Barnett Construction by Resolution No. 25-204 in May of 2025 in the amount of$64,895.00. Subsequently, the City Council approved Change Order No. 1, Resolution No. 25-415, in October of 2025, for roof work at the West Side Development Center in the amount of$11,790.00 for a new total contract amount of $76,685.00. 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 of$5,000.00, reducing the total contract amount from$76,685.00 to $71,685.00. 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 RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizing: 1. Execution of Change Order No. Two providing$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$3,584.25 to Mike Barnett Construction of Port Neches,Texas. BUDGETARY AND FISCAL EFFECT Funds are available in account No. 307-15-043-812-00-10-000-Project BU0023 P.R.No. 24587 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 FOR A CREDIT OF $5000.00 RESULTING IN A DECREASE TO THE CONTRACT AMOUNT FROM $76,685.00 TO A NEW TOTAL CONTRACT AMOUNT OF $71,685.00; AND FURTHER AUTHORIZING THE ACCEPTANCE OF CLOSE-OUT DOCUMENTS AND THE APPROVAL OF FINAL PAYMENT IN THE AMOUNT OF $3,584.25 FOR THE COMPLETION OF THE ROOF REPLACEMENT AT THE WEST SIDE DEVELOPMENT CENTER. FUNDING IS AVAILABLE IN ACCOUNT NO. 307- 00-000-2050-00-00-000- PROJECT BU0023. WHEREAS, the West Side Center 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. 25-204, City Council awarded a contract to Mike Barnett Construction of Port Neches, Texas, for roof replacement and related supplemental work at the West Side Center in the original amount of$64,895.00; 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 $76,685.00; 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 $76,685.00 to a revised total of$71,685.00, attached hereto as Exhibit "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 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"; and P.R.No. 24587 12/24/2025 AJS-TNR WHEREAS, the contractor has requested release of retainage in the amount of $3,584.25, representing final payment under the contract attached hereto as Exhibit "H"; and WHEREAS, funding for this project is available in Account No. 307-15-043-812-00-10- 000- Project BU0023; 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 $71,685.00 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 Center project. THAT, Final payment, including release of retainage, in the amount of $3,584.25, is hereby approved and authorized to be paid to Mike Barnett Construction of Port Neches, Texas; and, THAT, funding for this project is available in Account No. 307-15-043-812-00-10-000- Project BU0023; 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 P.R.No.24587 12/24/2025 AJS-TNR ATTEST: Sherri Bellard, City Secretary APPROVED A • Roxann Pais Cotroneo City Attorney APPRO F r R ADMINISTRATION: Ronald :urt• ', PM City M. - .ger APPROVED AS TO FUND AVA ABILITY: yz )1)..x.,,,,q Lynda Bos ell, M.A., ICMA-CM Director of Finance tv444., Clifton illiams, CPPB Purchasing Manager P.R.No.24587 12/24/2025 AJS-TNR EXHIBIT "A" Pr CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.: Project#25-204 Project Name: Roof Replacement of the West Side Developement Center Contractor: Mike Barnett Construction Description of Work: Removed existing metal roof and installed new insulation,standing seam roof system. The work performed under this contract has been reviewed and found to be substantially complete.The date of substantial completion is hereby established as 09/29/2025 KNOW ALL MEN BY THESE PRESENTS: 1.) 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 restrictions 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 — 01/14/2026 CONTRACTOR NAME SI DATE RECOMMENDED FOR ACCEPTANCE KAIVg") /e41441-4-"' / ' 2.a— ?. 2.0 ENGINEER NAME SIGNATURE DATE The City of Port Arthur accepts the work as Substantially Complete.City of Port Arthur,Department of Public Works. Lance Barnette 01/14/2026 PROJECT MANAGER SIGNATURE DATE SU61A1C. K,ANGIAK s - - j�`a'`'".��v / Zo--Le 2-6 CITY ENGINEER SIGNATURE DATE PUBLIC WORKS DIRECTOR SIGNATURE DATE Ciry of „rt rthu Texas www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: 10/14/25 Project: Roof replacement and repair West Side Development Center; 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: Adam J Saunders Civic Center Director 3401 Cultural Center Drive—Port Arthur,TX 77642—409-985-8801 CITY OF PORT ARTHUR, TEXAS CIVIC CENTER DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR... West Side Development Center 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 Development Center,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 P.R.No.24587 12/24/2025 AJS-TNR EXHIBIT "B" ENGINEER'S CERTIFICATE OF COMPLETION Project: West Side Dev Ctr Roof Date of Issuance: Owner(s): City of Port Arthur Owner's Project Number: BU0023 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 Roof repair to 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: u=Lam- c L / 1/1-1om! 7-t--2, (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&6-MPLET ION Executed by Engineer on P.R.No.24587 12/24/2025 AJS-TNR EXHIBIT "C" CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: Roof Replacement of the West Side Development Center 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 1 3 (G 5 day of \oex ,202 I w 3- %D2—^I •`"'r tr Dl SPACEK My commission expires: ,�� '` �.Notary Public,State of Texas Comm.Expires 08.03-2029 Notary ID 135528868 ' ux NOTARY P.R.No. 24587 12/24/2025 AJS-TNR EXHIBIT "D" CONTRACTOR'S CERTIFICATE OF WARRANTY if FROM: Mike Barnett Construction (Name ofC'onrractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 25-204 CONTRACT ENTERED INTO THE 20tlr DAY OF May BETWEEN THE CITY OF PORT ARTHUR AND Mike Barnett Construction OF 1701 Port Neches Avenue,Port Neches,TX 771551 FOR THE PROJECT Roof Replacement of The West Side Development Center 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 Mike Ramat COrmtnu:ttnn ,and with the knowledge that it will be relied upon in (Name O'Conrracxor) 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 IS day of 1i1 U fx ,2026 Mike Barnett Construction {SEAL} (Cantracctor) (Signature) Lance Barnett GM/Partner (Printed Nanerfltle of Officer) 1-Warranty Lance Barnett ,being first duly sworn on oath,deposes and says,First,that,he/she is the 64 iarrt) GMJPartner of Mike Barnett Cordon (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as GM/Partner ( ) of Mike Barnett Construction (Name of Company) Affiant further states that the matters and things stated herein are true. (A ) Subscribed and sworn to before me this d -_o C)C1 V 20� ��''� KENNADI SPACEK My commission expires , 2C)1 '+ :Notary Public,State of Texas •a1� Comm,Expires 09-03-2029 �n,u„�" Notary ID 135526869 NOTARY 2-Warranty P.R.No. 24587 12/24/2025 AJS-TNR EXHIBIT "E" CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: 114 1ILE BkizN N CON St1LUC \ON TO: C 1IN 0 �` �D lu-T kni E FOR: gb©f= 1gL=pLACE11A THE j,v sTSfDE DEvEL°Pmcrvr CEN"fP- REFERENCE CONTRACT NO. 2 S- 2 n(4 ENTERED INTO THE 10t-1� DAY OF D CT° 3 ,2025,BETWEEN THE CITY OF PORT ARTHUR AND / I ItE A Jr CONct cnoN (CONTRACTOR) OF 70 N Ecl-(E s TX (CITY/STATE) FOR: ko F R.no L A C Ell E-IU I 0r W 1 Si DE 1 IlauP 4 T �qY (PROJECT) KNOW ALL MEN BY THESE PRESENTS: 1. L���� 7A1zN L" 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 I l I-h day of b r Gr1/16. ,2025. COMPANY (� CkClOr\ SEAL )Oy�/ tc (COMPANY NAME) cr (OWNER,SIGNATURE/TITLE) (PRINT) SUBSCRIBED AND SWORN to before me this th day of bECt"1v► • 2025: My commission expires 9,09 I (DATE) iv 1A. KENNADI SPACEK ! A:Notary Public,State of Texas ' ;Ff ' � Comm.Expires 09-03-20294 f , :�.�``�� Notary ID 135526869 lJigeLLUX (NOTARY PUBLIC) NOTARY SEAL P.R.No.24587 12/24/2025 AJS-TNR EXHIBIT "F" CONTRACTOR'S CERTIFICATE AND RELEASE FROM: Mike Barnett Construction (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 25-204 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 Development Center 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 $ $3,584.25 Retainage 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. 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 1,2 ,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 eg 1°r day of cja It4 ,202$ MIKi odkesicir .sr.e4er0r1 (SEAL} (Contractor) (St re) (Printed Name/Title of Officer) cam' ,being first duly sworn on oath,deposes and says, First,that,he/she is the ant) eit4//?4lfrAld of gar 41AI 77 4,41214C3ra." (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as 4i4/P, E (Title) L of ,4 dC lAadert aior Piso7'%o (Name of Company) Affiant further states that the matters and things stated herein are true. rant) Subscribed and sworn to before me this I St day of ---3-an Li1aY ,202b My commission expires J 110-21 c„igeirvytd6 NOTARY 4)14" KENNADI SPACEK _a°:' Lo=Notary Public,State of Texas Comm.Expires 09-03-2029 ',fin'? Notary ID 135526869 �. 2 Exhibit "G" IVI1 R I F *K CPR # 2 . 0 S^rviia ih=6,'L n i, t:112.1,,; I 1701 Port Neches Ave PROJECT: P25-204 City of Port Arthur Port Neches,Texas 77651 Westside Development (409)727-5673 Center. Roof project CHANGE PROPOSAL REQUEST TO: City of Port Arthur FROM: Mike Barnet 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 " > s090 a !, :awN na0 n H D So z a a 5•H tanror a Hnz0 b, � Z O p0 H y� � E PaO>pm o� � a�' g2 v, •i., 0 0n H H cr• s O 1. o A A Hbr..r n �_ < . yg'nJo' 'po H c ..o n a 53 D ti ° o v 0a5.�A o � `0'�5 c nz � � yy o � a p �_ v a t,. '•b n r �o y r ��jjjjj g Cry S F' d Z L? by ° 0 g n n ego , �n5 m ° ?o° 0 § 1 Ma4g i 0 g g ° 2 O x 'ti as . 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Ln O W 0 N 0 O 0 N M a oc000 LA MI tri 0) V C. W ..a CD co N 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 25-204 Retainage Amount: $3,584.25 Account number: 307-15-043-8512-00-10-000, PROJECT NO. B00023 Description/Explanation Retainage for West Side Development Center Roof MULTI-ACCOUNT DISTRIBUTION Amount Account Number Amount 11 APPROVED BY: Supervisor Department Director ileecuit Sawa Finance Director