HomeMy WebLinkAboutPR 21981: NASHVILLE AVENUE PAVEMENT IMPROVEMENTS PROJECT City of
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ort rthu Tcrus
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 1, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: PR21981: Nashville Avenue Pavement Improvements Project from Rev. Dr.
Ransom Howard Street (7th Street)to Procter Street—Close Out of Project and
Release of Retainage. ST 1 P01.
Introduction:
The intent of this Agenda Item is to authorize the City Manager to accept the close out documents
and release retainage in the amount of $57,077.90 for the Nashville Avenue Pavement
Improvements Projects submitted by Gulf Coast a CRH Company of Beaumont, Texas.
Background:
Pursuant to Resolution No. 19-130, Gulf Coast a CRH Company of Beaumont, Texas was
awarded the project for the Nashville Avenue Pavement Improvements Project from Rev. Dr.
Ransom Howard Street (7th Street) to Procter Street. Change Order No. 1 approved under
Resolution 19-535 addressed issues with a concrete base at all of the intersections,modified curb
inlets, relocated manholes and installed a 15" sanitary sewer line.
Pursuant to Resolution No.21-202,Change Order No.2 was approved by Council for ratification
to address the replacement of wire mats with#4 reinforcing bars to comply with specifications
and increased the original contract amount by $41,640.55 to the new contract amount of
$1,137,581.91.
Pursuant to Resolution No. 21-203, Change Order No. 3 was approved by Council to reconcile
all bid items on the project and will increase the original contract amount by $3,976.05 to the
new contract amount of$1,141,557.96.
The City of Port Arthur has also received close out documents from Gulf Coast a CRH Company
of Beaumont, Texas that includes the Engineer's Certificate of Substantial Completion dated
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
May 20, 2020 from Action Civil Engineers PLLC, of Port Arthur, Texas, the Contractor's
Certificate of Release,the Contractor's Certificate of Warranty,and the Contractor's Certificate
of All Debts Paid.
Budget Impact:
Funds are available in the Capital Improvement Account for Street Maintenance and Repair,
Account No. 307-21-053-8517-00-10-000. Project No. ST1P01.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21981 to accept the
close out documents and release the retainage for the Nashville Avenue Pavement Improvements
Project for Gulf Coast a CRH Company of Beaumont, 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
PR2 1981
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Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION,
CONTRACTOR'S AFFIDAVIT OF PAYMENTS OF ALL DEBTS PAID,
CONTRACTOR'S CERTIFICATE AND RELEASE, CONTRACTOR'S
CERTIFICATE OF WARRANTY FOR THE NASHVILLE AVENUE
PAVEMENT IMPROVEMENTS PROJECT AND AUTHORIZES THE
CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON
BEHALF OF THE CITY OF PORT ARTHUR, TEXAS; AND APPROVAL
OF RELEASE OF RETAINAGE TO GULF COAST A CRH COMPANY OF
BEAUMONT, TEXAS IN THE AMOUNT OF $57,077.90 FROM THE
CAPITAL IMPROVEMENTS ACCOUNT NO. 307-21-053-8517-00-
10-000. PROJECT ST1P01.
WHEREAS, pursuant to Resolution No. 19-130, the City of Port Arthur City Council
awarded a contract for paving improvements on Nashville Avenue from Rev. Dr. Ransom
Howard (7th Street) to Procter Street to Gulf Coast a CRH Company of Beaumont, Texas
with a projected budgetary impact of$913,289.50 and a completion time of 180 calendar
days; and,
WHEREAS, pursuant to Resolution 19-535, City Council approved Change Order
No. 1 to Gulf Coast a CRH Company of Beaumont, Texas to address issues with a concrete
base at all the intersections, modified curb inlets, re-located manholes and installed a 15"
sanitary sewer line and increased the original contract amount of $913,289.50 by
$182,651.86 to the new contract amount of $1,095,941.36; and,
WHEREAS, pursuant to Resolution 21-202, City Council approved ratification of
Change Order No. 2 to Gulf Coast a CRH Company of Beaumont, Texas which increased
the contract amount by $41,640.55 to the new contract amount of $1,137,581.91 and
changed the contract completion date to May 20, 2020; and,
PR2 1981
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Page 2 of 4
WHEREAS, pursuant to Resolution 21-203, City Council approved Change Order
No. 3 to Gulf Coast a CRH Company of Beaumont, Texas which reconciled all bid items
and increased the contract amount by $3,976.05 to the new contract amount of
$1,141,557.96; and,
WHEREAS, the City has received from Gulf Coast a CRH Company of Beaumont,
Texas close out documents that include the Engineer's Certificate of Substantial
Completion dated May 20, 2020 from Action Civil Engineers PLLC, 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 the Contractor's Certificate of Release (Exhibit B), the
Contractor's Certificate of Warranty (Exhibit C), the Contractor's Certificate of All Debts
Paid (Exhibit D); and,
WHEREAS, the retainage for the project is 5% of the work completed and billed
the Release of Retainage has been submitted by Gulf Coast a CRH Company of Beaumont,
Texas in the amount of $57,077.90, see Exhibit E; and,
WHEREAS, Gulf Coast a CRH Company of Beaumont, Texas has completed the
contracted project to the satisfaction of the Public Works Director and the City
Engineering staff, see Exhibit F; and,
WHEREAS, approval and acceptance of all close out documents, and release of
retainage 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,
PR21981
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Page 3 of 4
THAT, the City Council hereby authorizes the City Manager to accept the
Engineer's Certificate of Substantial Completion dated May 20, 2020 from Action Civil
Engineers PLLC, 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 the Contractor's
Certificate of Release (Exhibit B), the Contractor's Certificate of Warranty (Exhibit C), the
Contractor's Certificate of All Debts Paid (Exhibit D); and,
THAT, the Release of Retainage be paid to Gulf Coast a CRH Company of
Beaumont, Texas in the amount of $57,077.90; 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 Nashville Avenue Pavement Improvements Project from Rev. Dr.
Ransom Howard (7th Street) to Procter Street; and,
THAT, a copy of the caption of this Resolution No. be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
2021 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
PR21981
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Page 4 of 4
Thurman "Bill" Bartle
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
T t ' h
Valecia X no Y Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
'HiKandy Daniel
Interim Director of Finance
Alberto Elefano, P.E.
Director of Public Works
- ' (-t .42
Clifton illiams, CPPB
Purchasing Manager
EXHIBIT A
0
Certificate of Substantial Completion
Project Name: Nashville Ave. Paving
Purchase Order No.:213749 Improvements
Contractor: Gulf Coast a CRH Company
Description of Work: Improvements of pavement on Nashville Avenue from Proctor Street to Rev. Dr.
Ransom Howard Street.
The Work performed under this contract has been reviewed and found to be substantially complete
The date of Substantial Completion is hereby established as DATE. May 20,20I0
Definition of Substantial Completion
1) The stage of Construction where, in the opinion of The City of Port Arthur,all items of the Work
necessary to enable the asset 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 been completed.
Punch List
A 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 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 an attachment or in the Contract Documents the CONTRACTOR is responsible for maintenance,
utilities,and insurance.
GKL F ea447 A tell CoM/ANY h q�Zd/ZO ZO
CONTRACTOR NAME SIGNATURE DATt /
RECOMMENDED FOR ACCEPTANCE1
•
ENGINEER 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
CITY ENGINEER SIGNATURE DATE
PUBLIC WORKS DIRECTOR SIGNATURE DATE
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: GULF COAST A CRH COMPANY
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. ST1P01
CONTRACT ENTERED INTO THE 16TH DAY OF MAY 2019 , BETWEEN
THE CITY OF PORT ARTHUR AND GULF COAST A CRH COMPANY
OF BEAUMONT,TEXAS
FOR THE NASHVILLE AVENUE PAVING IMPROVEMENTS
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 modification the balance of
$101,636.42
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: NONE
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 material, 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 changer 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 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 anu 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 of 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 /Z"I
day of i/ANUAAY , 2021.
SEAL GULF COAST A CRH COMPANY
(Contractor)
BY: 4 7 7E62674 /
(Signature and Title of Officer)
Ga iT , M#VCflAL O , being first duly sworn on oath, deposes and says, first,
(Affiant)
That he is the 4*r i-C,Z67A/.y of Gulf Coast a CRH Company
(Title) (Name of Company)
second,that he has read the foregoing certificate by him subscribed as
of Gulf Coast a CRH Company of Beaumont, Texas
(Name of Company)
Affiant further states that the matters and things stated herein are tr .
(Affiant)
Subscribed and sworn to before me this an/ day of TRNUAay . 2021
My commission expires v 6rzi ar j l q, aV d
>a''°u MARY JENNIFER EDWARDS
i =Alt411`e� Notary ID#6729766 / otary)
4 My February s19 2024es ✓
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: GULF COAST A CRH COMPANY
(NAME OF CONTRACTOR)
TO: CITY OF PORT ARTHUR
(OWNER)
REFERENCE CONTRACT NO. ST 1 P01
CONTRACT ENTERED INTO THE 161" DAY OF MAY 2019 , BETWEEN
THE CITY OF PORT ARTHUR AND GULF COAST A CRH COMPANY
OF BEAUMONT,TEXAS
FOR THE NASHVILLE AVENUE PAVING IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS:
1. Gulf Coast a CRH Company of Beaumont, Texas, 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 male 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 Contractor's Certificate of Completion.
3. This Certificate is given in connection of the final payment under the contract between the Owner
and Gulf Coast a CRH Company of Beaumont, Texas, 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 a TW
day of T fita Ly , 2021.
SEAS GULF COAST A CRH COMPANY
(Contractor)
BY: id A . -e-GReTA,Ly
(Signature and Title of Officer)
ytpnT /94e1Na1410 , being first duly sworn on oath, deposes and says, first,
(Affiant)
That he is the k-sr. bt,ET,1Qy of Gulf Coast a CRH Company ,
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as
of Gulf Coast a CRH Company of Beaumont, Texas
(Name of Company)
Affiant further states that the matters and things stated herein are t e.
1 0
(Affiant)
Subscribed and sworn to before me this aZ nK day of AtW41 y , 2021
My commission expires ,Ayr-d rj lei! 20 2l
- r9d/ ,
.,pv ,e, MARY JENNIFER EDWARDS otary)
_�1� Notary ID#6729766
:f%b.,� �. My Commission Expires i
4 ecrf/ February 19, 2024
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF ALL DEBTS PAID
PROJECT: Nashville Avenue Pavement Improvements
LOCATION: Port Arthur, Texas
OWNER: City of Port Arthur
State of Texas
County of Jefferson County
The undersigned hereby certifies that, except as listed below, payment has been made in full and all
obligations have otherwise been satisfied for all material and equipment furnished,for all work,labor,and
services performed,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 any way be held responsible or encumbered.
Exceptions:
Contractor: Gulf Coast CRH Compan of Beaumont,Texas
Signature:
Printed Name: JCo/r gmAl 1/L2D
Date: JANUARY 2/
Subscribed and sworn to before me this /2 r' day of 7AN!/AAY , 2021
My commission expires c 2/VtL4.rf le", 3-6 2,i
A71,
otary>
MA JENNIFER EDWARDS
`e ID#6729766
\�� Notary fires
s .Y; My commiss�9 2024
''grE�ts+ February
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EXHIBIT F
(74) 7
City of 1
y l
or! rtlrur
Ti°.rile
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: January 26, 2021
Project: Nashville Paving Improvements Project from Rev. Dr. Ransom Howard (7`" Street)to
Procter Street. Project ST1P01.
To: All Concerned
Gentlemen:
I HEREBY CERTIFY THAT this project was completed on May 20, 2020 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 Public Works Engineering.
Submitted by:
Alberto Elefafio, P.E.
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 G
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
NASHVILLE AVENUE PAVING IMPROVEMENTS FROM REV. DR. RANSOM
HOWARD STREET (7TH STREET)TO PROCTOR STREET
To: Gulf Coast a CRH Company of Beaumont, Texas
This document is to certify that the City of Port Arthur,Texas accepts the completion of the Paving
Improvements along Nashville Avenue from Rev. Dr. Ransom Howard (7th Street) to Procter
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 Warranty executed by Gulf Coast a CRH Company of Beaumont, Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary