HomeMy WebLinkAboutPR 20877: WEST 8TH STREET ROADWAY REHAB PROJECT FROM FOLEY AVE TO JOE LOUIS AVE CLOSEOUT n r! r
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: May 30, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, Interim City Manager
From: Alberto Elefano, PE—Director of Public Works
RE: PR 20877—West 8th Street Roadway Rehabilitation Project from Foley Avenue to Joe Louis
Avenue; Project No. I22W8 Closeout, Completion and Acceptance, and Release of Retainage.
Introduction:
The intent of this Agenda Item is for City Council to authorize the City Manager to accept the Engineer's
Certificate of Completion,the Contractor's Affidavit of Payment of Debts and Claims, Contractor's Certificate
and Release, Engineer's Certificate of Substantial Completion and Substantial Completion of Inspection
Punchlist,and the Contractor's Certificate of Guarantee and release of retainage for the West 8th Street Roadway
Rehabilitation Project from Foley Avenue to Joe Louis Avenue. Project No. I22W8.
Background:
Gulf Coast of Beaumont, Texas was awarded the West 8th Street Roadway Rehabilitation Project from Foley
Avenue to Joe Louis Avenue at the cost of$1,248,949.00. The project being funded jointly between the General
Land Office (GLO) in the amount of $531,215.00 and the Capital Improvement Account in the amount of
$717,734.00. Change Order No. 1, approved by City Council, removed contingency bid items and decreased
the contract amount by $50,000.00 to the new contract amount of $1,198,949.00. Change Order No. 2,
approved by City Council, added the upgrade of residential driveway culverts increasing the contract amount
by $83,085.64 to the new contract amount is $1,282,034.64. Change Order No. 3, PR 20862, decreases the
contract by $27,767.32 to the new contract amount of$1,254,267.32.
Budget Impact:
Funds are available in account 145-1201-532.59-00 GLO Round 2.2 Program and account 307-1601-591.86-
00, Capital Improvement Account. Project No. I22W8
Recommendation:
It is recommended that the City of Port Arthur City Council authorizes approval of P.R. 20877. Attached are
the Engineer's Certificate of Completion, Contractor's Affidavit of Payment of Debts and Claims,Contractor's
Certificate of Release, Contractor's Certificate of Guarantee executed by Gulf Coast Beaumont, Texas and the
City of Port Arthur's Certificate of Acceptance.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No. 20877
05/30/2019 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S
CERTIFICATE OF COMPLETION, CONTRACTOR'S AFFIDAVIT OF
PAYMENTS OF DEBTS AND CLAIMS, CONTRACTOR'S CERTIFICATE
AND RELEASE, CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR
THE WEST 8114 STREET ROADWAY PAVEMENT REHABILITATION
PROJECT FROM FOLEY AVENUE TO JOE LOUIS AVENUE,
AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS;
AND PAYMENT OF RETAINAGE TO GULF COAST OF BEAUMONT, IN
THE AMOUNT OF $62,713.37. FUNDING AVAILABLE FROM GLO
ROUND 2.2 PROGRAM, PROJECT NO. I22W8, ACCOUNT NO. 145-
1201-532.59-00 AND THE CAPITAL IMPROVEMENTS ACCOUNT
NO. 307-1601-591.86.00 AND THE RELEASE OF RETAINAGE FROM
ACCOUNTS 145-0000-205.00-00 AND 307-0000-205.00-00,
RESPECTIVELY.
WHEREAS, pursuant to Resolution No. 18-267, the City of Port Arthur City Council
awarded a contract for the West 8th Street Roadway Pavement Rehabilitation project to
Gulf Coast, a CHR Company (formerly Old Castle Materials Texas, Inc.) of Beaumont,
Texas, with a projected budgetary impact of $1,248,949.00 and a term of 142 calendar
days; and,
WHEREAS, pursuant to Resolution 18-331, City Council approved Change Order
No. 1 to Gulf Coast, of Beaumont, Texas for the removal of a contingency bid item,
decreasing the contract price by $50,000.00 to a new contract amount of $1,198,949.00:
and,
WHEREAS, pursuant to Resolution 18-525, City Council approved Change Order
No. 2 to Gulf Coast, of Beaumont, Texas that increased the contract amount by
$83,085.64 to a new contract amount of $1,282,034.64 for the purpose of upgrading the
PR No.20877
05/30/2019 mje
Page 2 of 4
existing driveway culverts in the residential driveways schedule to be removed and
replaced up to the right-of-way; and,
WHEREAS, during construction, Gulf Coast of Beaumont, Texas discovered
concrete under the existing asphalt at five of the intersections that required adding,
removing, and adjusting several bid items; and,
WHEREAS, it was discovered that a water leak caused roadway failure and storm
sewer system damage at Roosevelt Avenue and Grannis Avenue intersections which made
it necessary to replace the damaged storm sewer system and required full depth repairs
at the above mentioned intersections; and,
WHEREAS, a resident required a temporary handicap walkway which is also
included in Change Order No. 2; and,
WHEREAS, proposed Change Order No. 3, PR 20862, has been submitted for the
removal of contingency bid items, decreasing the contract amount by $27,767.32 to the
new contract amount of $1,254,267.32; and,
WHEREAS, Gulf Coast of Beaumont, Texas has completed the contracted project
to the satisfaction of the project engineer and the City staff; and,
WHEREAS, the City has received the Engineer's Certificate of Completion dated
April 29, 2019 from Arceneaux Wilson & Cole LLC, of Port Arthur, Texas stating that the
work to which the Certificate applies has been inspected, authorized, and declared to be
complete in accordance with the contract documents and made a part hereof as Exhibit
A; together with a Contractor's Affidavit of Payment of Debts and Claims, Exhibit B;
Contractor's Certificate and Release, Exhibit C; Engineer's Certificate of Substantial
PR No.20877
05/30/2019 mje
Page 3 of 4
Completion and Substantial Completion of Inspection Punchlist, Exhibit D; and the
Contractor's Certificate of Guarantee, Exhibit E; executed by Gulf Coast of Beaumont,
Texas; and,
WHEREAS, the retainage for the project is 5% of the work completed and billed,
and, upon completion of the West 8th Street Roadway Rehabilitation Project the City will
release the retainage in the amount of $62,713.37 (See Exhibit F); now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; 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 G, for the
completion of the West 8th Street Roadway Rehabilitation Project from Foley Avenue to
Joe Louis Avenue; and,
THAT, payment be made to Gulf Coast of Beaumont, Texas for release of
retainage in the amount of $62,713.37; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2019
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
PR No. 20877
05/30/2019 mje
Page 4 of 4
Noes:
Derrick Ford Freeman
Mayor
Attest:
City Secretary
Sherri Bellard
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
1Lim , / / '41/Valecia izeno Rebecca Underhill
City Attorney Interim City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
-;\
Kandy Dank
Director of Finance
Alberto Elefano, P.E.
Director of Public Works
Cli on Williams, CPPB
Purchasing Manager
EXHIBITA
ENGINEER'S CERTIFICATE OF COMPLETION
Project: ROADWAY PAVEMENT REHABILIATION ALONG WEST 8TH STREET
FROM FOLEY AVE TO JOE LOUIS AVE
Date of Issuance:
Owner(s): CI'T'Y OF PORT ARTHUR
Owner's Project No.: CPA-840, Contract No. 1
Engineer: ARCENEAUX WILSON&COLE,LLC
Contractor: OLDCASTLE MATERIALS TEXAS, INC DBA GULF COAST AN
OLDCASTLE COMPANY
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 OLDCASTLE MATERIALS TEXAS,INC DBA GULF COAST AN OLDCASTLE COMPANY
[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
/7 7
DATE OF COMPLETION
'D Prt-�LI
Executed by Engineer on SS /f ,2019
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co'�/' ,~''w1,`91.
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g KEESTAN X. COLE
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AR . .AUX WILSON & LLC. [SEAL]
1/1
EXHIBIT B
Oldcastle Materials Texas, Inc.
0 P.O. Box 20779
Gulf Coast Beaumont,TX 77720
A CRH COMPANY Phone: (409)866-1444
Contractor's Affidavit
PROJECT: Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe
Louis Avenue.
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State of Texas
County of Jefferson
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:
Signature 9/1
Print 5earr 41.46/tIMt.O
Date 5/24/24
Sworn to and subscribed before me,a
Notary public, this 24m day of MR Y Za/f
mix
/? Notary Public
My commission expire , ' ? PP PAULA HARRIS
/ ?'```2(
Notary ID#1179575
� kJ My Commission Expires
I '„�� May 9,2021
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: OLDCASTLE MATERIALS TEXAS,INC.DBA GULF COAST AN OLDCASTLE COMPANY
(Name of Contractor)
TO: CITY OF PORT ARTHUR
(Owner)
REFERENCE CONTRACT NO. CPA-840,Contract No. 1 ENTERED INTO THE 10TH
DAY OF JULY 2018 ,BETWEEN THE CITY OF PORT ARTHUR
AND OLDCASTLE MATERIALS TEXAS,INC DBA GULF COAST AN OLDCASTLE COMPANY
(Name of Contractor)
OF BEAUMONT, TEXAS
(City) (State)
FOR THE ROADWAY PAVEMETN REHABILIATION ALONG WEST 8TH STREET FROM FOLEY AVE TO
JOE LOUIS AVE
(Name of Project)
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 approved Change Orders and modifications the balance of
($
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)
(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 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 change thereof.
1
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 and 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 for any reason the Owner does not pay in full the 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 any 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 said contract or modification thereof, and will execute such further releases or
assurances as the Owner and Operator may request.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this Z3 a° day
of MRY ,20 H .
[SEAL] OLDCASTLE MATERIALS TEXAS, INC. DBA GULF COAST AN
OLDCASTLE COMPANY
(Contractor)BY: )//'
ft55r. 56c467-Aecy
(Signature and Title of Officer)
5tu>T e t4N( .(44 v , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the jQSN 5E'SJ14iy of OLDCASTLE MATERIALS TEXAS,INC.DBA GULF COAST
AN OLDCASTLE COMPANY
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as 47. 567I r4`I
(Title)
of OLDCASTLE MATERIALS TEXAS,INC.DBA GULF COAST AN OLDCASTLE COMPANY
(Name of Company)
Affiant further states that the matters and things stated herein are true.
cwt/
(Affiant)
Subscribed and sworn to before me this :7dayday of Nqy
"bp��. PAULA HARRIS )
/,►� f� � �'" Notary ID# 174575
/� 'o My Commission Expires
My commission expires ! v May 4,zozi
+ate)
(Notary Public)
2
EXHIBIT D
fir! rlltu��
Texas
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: May 23, 2019
Project: West 8th Street Roadway Rehabilitation from Foley Avenue to Joe Louis Avenue
Project—Close Out; Project No. I22W8 and Project No. ST1P07
To: All Concerned
Gentlemen:
I HEREBY CERTIFY THAT this project was completed on April 29, 2019 and that the work was
under periodic inspection during construction by Public Works Engineering, City Inspector. That to
the best of my knowledge,the project was constructed substantially in accordance with the plans and
specifications, and that record documents were received and are on file in the City of Port Arthur
Public Works Engineering Division.
Submitted by:
Alberto Elefano, P.E.
Public Works Director
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: CITY OF PORT ARTHUR
TO: OLDCASTLE MATERIALS TEXAS,INC. DBA GULF COAST AN OLDCASTLE COMPANY
FOR: ROADWAY PAVEMENT REHABILIATION ALONG WEST 8TH STREET FROM FOLEY AVE TO JOE LOUIS
AVE
REFERENCE CONTRACT NO. CPA-840, Contract No. 1 ENTERED INTO THE 10TH DAY OF
JULY 2018 BETWEEN THE CITY OF PORT ARTHUR
AND OLDCASTLE MATERIALS TEXAS,INC
OF BEAUMONT,TEXAS
FOR: ROADWAY PAVEMENT REHABILIATION ALONG WEST 8'STREET FROM FOLEY AVE TO JOE LOUIS
AVE
KNOW ALL MEN BY THESE PRESENTS:
1. OLDCASTLE MATERIALS TEXAS, INC DBA GULF COAST AN OLDCASTLE COMPANY does
hereby guarantee all of the work done under the 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, as evidenced by the Engineer's Certificate of Completion.
3. This Certificate is given in connection of the fmal payment under the contract between the Owner
and OLDCASTLE MATERIALS TEXAS, INC DBA GULF COAST AN OLDCASTLE COMPANY
and with the knowledge that it will be relied upon in making such payment and that such payment
would not be made except upon the truth of the matter contained in this affidavit.
1/2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 2349 day
of MAY , 20 11 .
[CORPORATE SEAL] OLDCASTLE MATERIALS TEXAS, INC. DBA AN
OLDCASTLE COMPANY
(Contractor)
BY: UG
5Cair ecAilCNR,4) ,being first duly sworn on oath, deposes and says, first that
he is the 45+r. 5eGL6TARy
second, that he has read the foregoing certificate by him subscribed as ASST JS-rderAx y
of OcoetOrc6 A Ar6445 45, /NG.
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this Z3*1U day of MAY
20 I7
� `- PAULA HARRIS
Notary ID#1179575
M
' �, y •Commission Expires
My commission expires 9 � ( May 9,2021
(Date)
44110'14" *ed
(Notary Public)
2/2
EXHIBIT F
irkCONTRACT FOR CPA-840
ROADWAY PAVEMENT EMENT REHABILITATION ALONG Contract No.1
8WEST 8TH STREET FROM FOLEY AVE TO JOE LOUIS AVE Invoice No.9
AEI
all=
OWN ER: City of Port Arthur CONTRACTOR:Gulf Coast,a CRH Company
444 Fourth St. Port Arthur,TX 77651 P.O. Box 20779 Beaumont,TX 77720
AWC Job No. CPA-840 Date: May 16,2019
AWC Construction Phase No. CPA-841 Invoice Period: 5/1/2019 - 5/1/2019
Monthly Invoice No. 9 (FINAL) Contract Date: July 10,2018
Contract Amount $ 1,248,949.00 Notice to Proceed: July 31,2018
Change Orders: Contract Time: 142 Calendar Days
No.1 $ (50,000.00)
No.2 $ 83,085.64
No.3 $ (27,767.32)
Total Contract Amount to Date: $ 1,254,267.32 Approved Time Extensions: 0 Calendar Days
Amount Placed to Date: $ 1,254,267.32 Revised Contract Time: 142 Calendar Days
Material on Hand Not in Place: $ - Days to Date: 275 Calendar Days
Subtotal: $ 1,254,267.32 Original Completion Date: December 21,2018
Less 5%Retainage: Revised Completion Date: December 21,2018
Balance: $ 1,254,267.32 Percent Time Used: 194%
Less Amounts on Previous
Invoices: $ 1,191,553.95
Percent Complete: 100%
TOTAL AMOUNT DUE THIS
INVOICE $ 62,713.37
Recommended for Approval: ,4�0'` �9F�
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0..�KEESTAN X. COLE ��
eestan Cole r ..�. r
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Contractor �a41.A `
409.724.7888
2901 Turtle Creek Dr.Suite 320
Port Arthur,TX 77641
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EXHIBIT G
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
WEST 8TH STREET ROADWAY PAVEMENT REHABILITATION PROJECT FROM
FOLEY AVENUE TO JOE LOUIS AVENUE
To: Gulf Coast of Beaumont, Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the West
8th Street Roadway Pavement Rehabilitation Project from Foley Avenue to Joe Louis Avenue on
the basis of the recommendation of the City of Port Arthur's Public Works' Engineering
Department and receipt of the Engineer's Certificate of Completion, Contractor's Affidavit of
Payment of Debts and Claims, Contractor's Certificate of Release, Contractor's Certificate of
Guarantee executed by Gulf Coast of Beaumont, Texas.
Rebecca Underhill
Interim City Manager
Sherri Bellard
City Secretary