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HomeMy WebLinkAboutPR 21559: 60TH STREET ROADWAY IMPROVEMENTS, CHANGE ORDER NO. 2 Cin'of (1 11 Il 11 11 l www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 5. 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, P.E., Public Works Director RE: PR21559: 60th Street Roadway Improvements from West Port Arthur Road to Canal Street—Change Order No. 2 and acceptance of Close Out Documents. Project ST1P06. Introduction: The intent of this Agenda Item is to authorize the City Manager to accept Change Order No. 2, which decreases the contract amount by$33,202.68 to the new contract amount of$742,297.32, and to accept the Engineer's Certificate of Substantial Completion,the Engineer's Certificate of Completion,the Contractor's Certificate and Release,the Contractor's Certificate of Guarantee, the Contractor's Affidavit of All Bills Paid, the Director's Certificate of Completion, and the Certificate of Acceptance for the 60th Street Roadway Improvements Project executed by Elite Contractors&Equipment LTD of Kirbyville, Texas. Background: Pursuant to Resolution No. 19-341, Elite Contractors & Equipment LTD of Kirbyville, Texas was awarded the project for 60th Street Roadway Improvements Project from West Port Arthur Road to Canal Street. Change Order No. 1, approved under Resolution 20-264, that was submitted by Elite Contractors&Equipment, LTD of Kirbyville, Texas added 30 calendar days to the original contract completion date changing it from July 21, 2020 to the new contract completion date of August 20,2020.Change Order No.2 is being submitted by Elite Contractors & Equipment, LTD of Kirbyville, Texas to reconcile all bid items on the project and will decrease the original contract amount by$33,202.68 to the new contract amount of$742,297.32. The 60th Street Roadway Improvement Project is complete and the Engineer's Certificate of Substantial Completion, the Engineer's Certificate of Completion, the Contractor's Certificate and Release, the Contractor's Certificate of Guarantee, and the Contractor's Affidavit of All Bills Paid executed by Elite Contractors & Equipment LTD of Kirbyville, Texas are being submitted for approval of close out. Additionally, the Public Works Director's Certificate of "Remember,we are here to serve the Citizens of Port Arthur" 444 4t1 Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Completion, and the Certificate of Acceptance for the 60th Street Roadway Improvements Project are also being submitted for approval. Budget Impact: Change Order#2 impacts funds in the Capital Improvement Account for Street Maintenance and Repair,Account No. 307-1601-591.86-00. Project No. ST1P06. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 21559 to accept Change Order No. 2,which decreases the contract amount by $33,202.68 to the new contract amount of $742,297.32,and to accept the Engineer's Certificate of Substantial Completion,the Engineer's Certificate of Completion, the Contractor's Certificate and Release,the Contractor's Certificate of Guarantee, the Contractor's Affidavit of All Bills Paid, the Director's Certificate of Completion,and the Certificate of Acceptance for the Willow Avenue Roadway Improvements Project executed by Elite Contractors&Equipment LTD of Kirbyville, Texas. "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 PR21559 10/5/2020 mje Page 1 of 5 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2, DECREASING THE ORIGINAL CONTRACT AMOUNT BY $33,202.68 TO THE NEW CONTRACT AMOUNT OF $742,297.32 AND 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 60TH STREET ROADWAY IMPROVEMENTS PROJECT, AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS; AND APPROVAL OF FINAL PAYMENT TO ELITE CONTRACTORS & EQUIPMENT LTD OF KIRBYVILLE, TEXAS IN THE AMOUNT OF $35,587.46 AND RELEASE OF RETAINAGE IN THE AMOUNT OF $37,114.86 FROM THE CAPITAL IMPROVEMENTS ACCOUNT NO. 307-1601-591.86- 00. WHEREAS, pursuant to Resolution No. 19-341, the City of Port Arthur City Council awarded a contract for paving improvements on 60TH Street from West Port Arthur Road to Canal Street to Elite Contractors & Equipment LTD of Kirbyville, Texas with a projected budgetary impact of $775,500.00 and a completion time of 288 calendar days; and, WHEREAS, pursuant to Resolution 20-264, City Council approved Change Order No. 1 to Elite Contractors & Equipment LTD of Kirbyville, Texas for the addition of 30 calendar days changing the old contract completion date of July 21, 2020 to the new contract completion date of August 20, 2020; and, WHEREAS, the City has received Change Order No. 2 submitted by Elite Contractors & Equipment of Kirbyville, Texas to reconcile all bid quantities decreasing the original contract amount by $33,202.68 to the new contract amount of $742,297.32; and, PR21559 10/5/2020 mje Page 2 off5 WHEREAS, Elite Contractors & Equipment LTD of Kirbyville, Texas has completed the contracted project to the satisfaction of the project engineer and the City staff; and, WHEREAS, the City has received Change Order No. 2 (Exhibit A) along with the Engineer's Certificate of Substantial Completion dated August 20, 2020 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 B, together with the Engineer's Certificate of Completion (Exhibit C), the Contractor's Certificate of Release (Exhibit D), the Contractor's Certificate of Guarantee (Exhibit E), the Contractor's Affidavit of All Bills Paid (Exhibit F); and, WHEREAS, the pay application for the final payment has been submitted by Elite Contractors & Equipment LTD of Kirbyville, Texas in the amount of $33,587.46, see Exhibit G; and, WHEREAS, the retainage for the project is 5% of the work completed and billed, and the project engineer Arceneaux Wilson & Cole LLC approves final payment to Elite Contractors & Equipment LTD of Kirbyville, Texas in the amount of $37,114.86, see Exhibit H; and, WHEREAS, approval of Change Order No. 2 and acceptance of all close out documents are herein deemed an appropriate action; 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, PR21559 10/5/2020 mje Page 3 of 5 THAT, the City Council hereby authorizes the City Manager to execute Change Order No. 2 submitted by Elite Contractors & Equipment of Kirbyville, Texas to reconcile all bid quantities decreasing the original contract amount by $33,202.68 to the new contract amount of $742,297.32; and, THAT, the City Council hereby accepts the Engineer's Certificate of Substantial Completion dated August 20, 2020 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 B, together with the Engineer's Certificate of Completion (Exhibit C), the Contractor's Certificate of Release (Exhibit D), the Contractor's Certificate of Guarantee (Exhibit E), the Contractor's Affidavit of All Bills Paid (Exhibit F); 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 J) for the completion of the 60th Street Roadway Improvement Project from West Port Arthur Road to Canal Street; and, THAT, final payment be made to Elite Contractors & Equipment LTD of Kirbyville, Texas in the amount of $33,587.46 (Invoice No. 11 — Exhibit G) and release of retainage in the amount of $37,114.86 (Invoice No. 12 — Exhibit H); and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. PR21559 10/5/2020 mje Page4of5 READ, ADOPTED AND APPROVED this the day of , A.D. 2020 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Council members: Noes: Thurman "Bill" Bartle Mayor ATTEST: Sherri Bellard City Secretary PR21559 10/5/2020 mje Page 5 of 5 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: i Valecia zeno I Ron Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: r, Kandy Da n4 Interim Director of Finance Alberto Elefano, P.E. Director of Public Works ji Clifton Williams, CPPla Purchasing Manager EXHIBIT A f•` 41111.ff .. ARCENEAUX WILSON&COLE CHANGE ORDER NO. 2 DATE: September 30, 2020 JOB NO. CPA-950 AGREEMENT DATE: AUGUST 16, 2019 NAME OF PROJECT: 60TH STREET IMPROVEMENTS OWNER: CITY of PORT ARTHUR CONTRACTOR: ELITE CONTRACTORS AND EQUIPMENT The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Adjust Quantity in the following Bid Items: a. Increase the following Bid Items: i. Bid Item No. 0104-6015 Remove Concrete (Sidewalks) $ 1,179.90 13.11 SY x$90.00/SY ii. Bid Item No. 4122-0002 HP Storm Pipe (15")(TY S) $ 2,160.00 54 LF x$40.00/LF iii. Bid Item No. 7126-0001 6" C900 CL150 PVC Water Line $ 645.00 30 LF x$21.50/LF iv. Supplemental Bid Item No. 7126-0006 Nearside Water Service $ 2,400.00 2 EA x$1.200.00/EA b. Decrease the following Bid Items: i. Bid Item No. 0104-6017 Remove Concrete (Driveways) $ (1.165.30) -27.10 SY x$43.00/SY ii. Bid Item No. 0104-6021 Remove Concrete (Curb) $ (496.00) -62 LF x$8.00/LF iii. Bid Item No. 0260-6001 Lime(Hydrated Lime)(Slurry) $ (4,400.00) -20 TON x$220.00/TON CHANGE ORDER NO. 2 ow. September 30, 2020 4ir• Job No. CPA-950 ARCENEAUX WILSON&COLE -g-eernglswNeYingiclanning iv. Bid Item No. 0360-0001 Concrete Pavement(JRCP)(Class P)(7") $ (5,014.28) -74.84 SY x$67.00/SY v. Bid Item No. 4122-0001 HP Storm Pipe (12")(TY S) $ (138.00) -3 LF x$46.00/LF vi. Bid Item No. 4122-0003 HP Storm Pipe (18")(TY S) $ (4,408.00) -76 LF x$58.00/LF vii. Bid Item No. 0496-6007 Remove Str(Pipe) $ (1,432.00) -179 LF x S8.00/LF viii. Bid Item No. 0506-0003 Erosion Cont Logs (Install) $ (425.00) -5 EA x$85.00/EA ix. Bid Item No. 0506-0004 Erosion Cont Logo (Remove) $ (250.00) -5 EA x $50.00/EA x. Bid Item No. 0531-6001 Concrete Sidewalks $ (471.00) -9.42 SY x$50.00/SY xi. Bid Item No. 7126-0002 12"Gate Valve and Box $ (8,000.00) -2 EA x$4,000.00/EA xii. Bid Item No. 7126-0003 6" Gate Valve and Box $ (4,000.00) -2 EA x$2,000.00/EA xiii. Supplemental Bid Item No. 7000-0001 Relocate $ (7,500.00) Sanitary Sewer Cleanout -5 EA x$1.500.00/EA xiv. Supplemental Bid Item No. 7126-0007 Farside Water Service $ (10,000.00) -5 EA x $2,000/EA 2 of 4 Ala CHANGE ORDER NO. 2 gra CI 111 A Ile September 30, 2020 . Job No. CPA-950 .. ARCENEAUX WILSON&COLE -._rginc-eri:g I S�:rverng 1 planning 2. Add the following Bid Item: i. Bid Item No. 666-0001 Refl Pay Mark TY I (W)4" (SLD)(90 MIL) $ $8,112.00 2704 LF x$3.00/LF SUBTOTAL $ (33,202.68) 3 of 4 �trek111# CHANGE ORDER NO. 2 September 30, 2020 trir Job No. CPA-950 ARCENEAUX WILSON&COLE er:eineerirg I sun=yng!olcrn ng CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $775.500.00 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $755.500.00 The CONTRACT PRICE due to this CHANGE ORDER will be {decreased] by: $33.202.68 Dollars The new CONTRACT PRICE. including this CHANGE ORDER, will be $ 742 297.32 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 288 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 318 Calendar Days CURRENT DATE OF COMPLETION: August 20. 2020 CONTRACT TIME due to this CHANGE ORDER will be increased by 0 Days The New DATE OF COMPLETION: August 20. 2020 _ No other Terms and Conditions of the Contract are changed as a result of this Change Order. Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs incurred by Contractor in his performance of the work covered by the Change Order. RECOMMENDED BY ENGINEER: ACCEPTED BY: ARCENEAUX WILSON & COLE LLC CONTRACTORS & EQUIPMENT ACCEPTED BY: CITY of PORT ARTHUR 4 of 4 EXHIBIT B S • ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION Project: 60th STREET IMPROVEMENTS FROM CANAL STREET TO WEST PORT ARTHUR ROAD (SPUR 93) Date of Issuance: AUGUST 11,2020 Owner: CITY OF PORT ARTHUR Owner's Project No. CPA-950, Contract No. 1 Engineer: ARCENEAUX WILSON&COLE LLC Contractor: ELITE CONTRACTORS AND EQUIPMENT This Engineer's Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: TO CITY OF PORT ARTHUR [OWNER] AND TO ELITE CONTRACTORS AND EQUIPMENT [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 substantially complete in accordance with the Contract Documents on August 11,2020 DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by Contractor within 10 days of the above Date of Issuance. From the date of Substantial Completion the responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: 1/2 • • RESPONSIBILITIES OWNER: Operation of the constructed facilities. CONTRACTOR: Security, Safety, Maintenance, Insurance, Warranties and Guarantees of the constructed facilities. The following documents are attached to and made a part of this Certificate: Final Completion Inspection Punch List 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 Documents. Executed by ENGINEER on August 14 ,2020. ARCENEAUX WILSON&COLE LLC [ENGINEER] By: CONTRACTOR accepts this Certificate of Substantial Completion on August 14 , 2020 ELITE CONTRACTORS AND EQUIPMENT [CONTRACTOR] By: /'()+ 'YL OWNER accepts this Certificate of Substantial Completion on , 2020 CITY OF PORT ARTHUR [OWNER] By: 2/2 EXHIBIT C ENGINEER'S CERTIFICATE OF COMPLETION Project 60TH STREET IMPROVEMENTS Date of Issuance:SEPTEMBER 30,2020 Owner(s):CITY OF PORT ARTHUR Owner's Project No.: CPA-950, Contract No. 1 Engineer: ARCENEAUX WILSON& COLE LLC Contractor: ELITE CONTRACTORS AND EQUIPMENT 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 ELITE CONTRACTORS AND EQUIPMENT [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 SEPTEMBER 18.2020 DATE OF COMPLETIONP.F. �ErF.h1� .41%1:• v1 Executed by Engineer on September 30 . 2020 ;*"• 1• \ •P••*lll 0 KEESTAN X. COLE 0 CO'; 114225 ,•' II ••FG/STER�G.•*'ff BY: 4. ARCENEAUX WILSON & COLE LLC [SEAL] 11 EXHIBIT D CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ELITE CONTRACTORS AND EQUIPMENT (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) REFERENCE CONTRACT NO. CPA-950 , Contract No. 1 ENTERED INTO THE 16TH DAY OF AUGUST 2019 , BETWEEN THE CITY OF PORT ARTHUR AND ELITE CONTRACTORS AND EQUIPMENT (Nam a of Contractor) OF PORT ARTHUR TX (City) (State) 60TH STREET IMPROVEMENTS (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 ($ 70.702.331 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) (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 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 change 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 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 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 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�as signed and sealed this instrument this 5-V day of be___Au ,2Q,71). [SEAL] ELITE CONTRACTORS AND EQUIPMENT (Contractor) BY: and Title of Officer) Rk,. Stauls , being first duly sworn on oath, deposes and says, fust, that he is the Pres 1 of C\ I Y14-radi S Q(Y Erftt!pniaut (rte) (Name of Company) second,that he has read the foregoing certificate by him subscribed as 1 ET S(Ct e rl t ( ) `. _ J K� of : 1 i ��1� 4C-Z�`� Qr *-Lt(p ( ' (Name of Company) Affiant further states that the matters and things stated herein are true. 2 r - Subscribed `�,,,_and sworn to before me this day of � �K_-rte 20(q( . My commission expires p 0\ (,26z21 • (Date) r f ;' ..4,, ByRANDI BERTMANT; MoCToAmRYmiIsCs o2n04E9x6p2ir-e4s • ff 73,,,,r_i_z • (Notary Public . 2021 3 EXHIBIT E CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: CITY OF PORT ARTHUR TO: ELITE CONTRACTORS AND EOUIPEMENT FOR: 60TH STREET IMPROVEMENTS REFERENCE CONTRACT NO. CPA-950, Contract No. 1 ENTERED INTO THE 16Th DAY OF AUGUST 2019 BETWEEN THE CITY OF PORT ARTHUR AND ELITE CONTRACTORS AND EQUIPEMENT OF PORT ARTHUR, I'EXAS KNOW ALL MEN BY THESE PRESENTS: 1. ELITE CONTRACTORS AND EOUIPEMENT. 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 final payment under the contract between the Owner and ELITE CONTRACTORS AND EQUIPEMENT. 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. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this � 6 day of I__- ( , 20M 1/2 [CORPORATE SEAL] ELITE CONTRACTORS AND EQUIPMENT (Contractor) BY: Eced vas ,being first duly sworn on oath,deposes and says,first that he is the Pre l \± second,that he has read the foregoing certificate by him subscribed as Pry jf'!2-{ of r Vi k COf l Ci Or- Mrd E- b.( meta Affiant further states that the matters and things stated herein are true. —U Subscribed and sworn to before me this ' + day of O' c 20(90 . My commission expires Ar; ( age jt-la1 (Date) itZ _____- ,N-2.1�1ti-._ :^;max;: _ fj BOANRDYI DtiERTM2AJ4 to (Notary Public)j My Commission Expires APRIL 28, 2021 9 --._s„-.44.,:t.,:;._."+ria.-`1�ti1,`,.,1.N.7�..i 2/2 EXHIBIT F Contractor's Affidavit PROJECT: 60Th Street Improvements 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. 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Director of Public Works "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 CITY OF PORT ARTHUR, TEXAS DEPARTMENT OF PUBLIC WORKS CERTIFICATE OF ACCEPTANCE FOR... 601" STREET ROADWAY IMPROVEMENTS FROM WEST PORTARTHUR ROAD TO CANAL STREET To: Elite Contractors& Equipment LTD of Kirbyville, Texas This document is to certify that the City of Port Arthur, Texas accepts the completion of the Roadway Improvements along 60th Street from West Port Arthur Road to Canal Street,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, and the Contractor's Certificate of Guarantee executed by Elite Contractors&Equipment LTD of Kirbyville,Texas. Ron Burton City Manager Sherri Bellard City Secretary