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Home My WebLink AboutPR 21825: WILLOW AVENUE STORMWATER PIPE INSTALLATION PROJECT • City of % ort rthur iclt,, www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 3, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, P.E., Public Works Director RE: PR21825: Willow Avenue Stormwater Pipe Installation Project. Introduction: The intent of this Agenda Item is to authorize the City Manager to accept Certificate of Completion,the Contractor's Certificate and Release,the Contractor's Certificate of Guarantee, the Contractor's Affidavit of All Debts Paid, the Director's Certificate of Completion, the Certificate of Acceptance and the Release of Retainage in the amount of $3,448.44 for the Willow Avenue Stormwater Pipe Installation Project completed by Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas. Background: Pursuant to Resolution No. 20-347,Deztex Industrial Services,LLC dba Ramtex of Port Arthur, Texas was awarded the project for the Willow Avenue Stormwater Pipe Installation. The project is completed and close out documents have been submitted. The Certificate of Completion,the Contractor's Certificate and Release,the Contractor's Certificate of Guarantee,the Contractor's Affidavit of All Bills Paid, and the Release of Retainage in the amount of$3,448.44 executed by Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas are being submitted for approval of close out. Additionally,the Public Works Director's Certificate of Completion, and the City Manager's Certificate of Acceptance are also being submitted for approval. Budget Impact: Funds are available in the Capital Improvement Account for Street Maintenance and Repair, Account No. 307-21-053-8517-00-10-000. "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 Recommendation: It is recommended that the City of Port Arthur City Council approve PR 21825 authorizing the City Manager to accept the Certificate of Completion,the Contractor's Certificate and Release, the Contractor's Certificate of Guarantee, the Contractor's Affidavit of All Bills Paid, and the Release of Retainage in the amount of$3,448.44 executed by Deztex Industrial Services, LLC dba Ramtex of Port Arthur,Texas and sign the Certificate of Acceptance for the Willow Avenue Stormwater Pipe Installation Project executed by Deztex Industrial Services, LLC dba Ramtex of Port Arthur, 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 PR21825 6/3/2021 mje Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO RELEASE RETAINAGE IN THE AMOUNT OF $3,448.44 AND ACCEPT THE CERTIFICATE OF COMPLETION, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF ALL BILLS PAID, CONTRACTOR'S CERTIFICATE AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM DEZTEX INDUSTRIAL SERVICES, LLC — DBA AS RAMTEX OF PORT ARTHUR, TEXAS FOR THE INSTALLATION OF A STORMWATER PIPE ON WILLOW AVENUE AND AUTHORIZE THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR. FUNDS ARE AVAILABLE IN THE CAPITAL IMPROVEMENTS ACCOUNT NO. 307-21-053- 8517-00-10-000. PROJECT ST1P05. WHEREAS, pursuant to Resolution No. 20-347, the City of Port Arthur City Council awarded a contract for the Installation of a Stormwater Pipe on Willow Avenue to Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas; and, WHEREAS, Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas has submitted the Certificate of Completion, 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 Guarantee (Exhibit C), the Contractor's Affidavit of All Bills Paid (Exhibit D); and, WHEREAS, Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas has completed the contracted project to the satisfaction of the Public Works Director and the City Engineering staff (Exhibit E); and, PR21825 6/3/2021 mje Page 2 of 4 WHEREAS, the retainage for the project is 5% of the work completed and billed the Release of Retainage has been requested by Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas for the amount of $3,448.44 (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, THAT, the City Council hereby accepts the Certificate of Completion (Exhibit A), the Contractor's Certificate of Release (Exhibit B), the Contractor's Certificate of Guarantee (Exhibit C), the Contractor's Affidavit of All Bills Paid (Exhibit D);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 Installation of a Stormwater Pipe on Willow Avenue; and, THAT, the Release of Retainage be paid to Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas in the amount of $3,448.44 (Exhibit F); 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. 2021 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: PR21825 5/28/2021 mje Page 3 of 4 Noes: Thurman "Bill" Bartie Mayor Attest: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: (Ltif On. Liteceil Valecia Tizeno Ron Burton City Attorney City Manager PR21825 5/28/2021 mje Page 4 of 4 APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance Alberto Elefano, P.E. Director of Public Works #(4 ,AL Clifton illiams, CPPB Purchasing Manager EXHIBIT A RtW‘a)CtItit Company Email:info@deztex.com Physical:905 West Jade Ave.,Port Arthur,TX 77640 Mail:P.O.Box 21397,Beaumont,TX 77720 0:409-983-5555;F:409-985-7762 Certificate of Completion Project: Installation of Storm Pipe at Willow Avenue Date of Issuance: 10/29/2020 Owner: City of Port Arthur Project Number: 222133 Engineer: Arceneaux Wilson & Cole Contractor: DezTex Industrial Services LLC dba RAMTEX This Certificate of Completion applies to all Work under the Contract Documents or to the following specified part thereof: To City of Port Arthur and to DezTex Industrial Services LLC dba RAMTEX The work to which this Certificate applies has been inspected by authorized representatives of the Owner and that Work is hereby declared to be complete in accordance with the Contract Documents on 01/29/2021 Date of Completion rdan Robbins Business Manager RAMTEX One God, One 2'ea.in, One Goal EXHIBIT B DezTex Industrial Services,LLC—dba Website:www.Deztex.com Riki-Xvii)(t% Company Email:info@deztex.com Physical:905 West Jade Ave.,Port Arthur,TX 77640 Mail:P.O.Box 21397,Beaumont,TX 77720 0:409-983-5555;F:409-985-7762 Contractor's Certificate and Release FROM: DezTex Industrial Services LLC dba RAMTEX TO: City of Port Arthur REFERENCE CONTRACT NO. 222133 ENTERED INTO THE 29th DAY OF October ,2020,BETWEEN THE CITY OF PORT ARTHUR AND DezTex Industrial Services LLC dba RAMTEX OF Port Arthur,TX (CONTRACTOR) (CITY/STATE) FOR: Installation of Storm Pipe at Willow Avenue 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 $10,000.50 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:NONE a. b. b. 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 N/A 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. One God, One 'Team, One Goal DezTex Industrial Services, LLC-dba Website:www.Deztex.com 1141\VM)(t1/11 Company Email:info@deztex.com Physical:905 West Jade Ave.,Port Arthur,TX 77640 Mail:P.O.Box 21397,Beaumont,TX 77720 0:409-983-5555;F:409-985-7762 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) 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 THEREOF, the undersigned has signed and sealed this instrument this the 23rd day of April ,2021. DezTex Industrial Services,LLC dba RAMTEX (COMPANY NAME) .SIGNA7URF/rnLE) tA.4t • SUBSCRIBED AND SWORN to before me this • NY\3 day of I .2021. My commission expires 12. 1' 202 4 . .•aN, KASSIDY KAY ADKINS (Nota ) 1 i�Lf Notary ID#132269463 1 `.'7^�,: My Commission Expires ♦F�E+ December 2,2023 ammiPmerumwPiarnowesowairmwmum One God, One Team, One Goal EXHIBIT C CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: DezTex Industrial Services LLC dba RAMTEX TO: City of Port Arthur REFERENCE CONTRACT NO. 222133 ENTERED INTO THE_29th DAY OF October ,2020,BETWEEN THE CITY OF PORT ARTHUR AND DezTex Industrial Services LLC dba RAMTEX OF Port Arthur,TX (CONTRACTOR) (CITY/STATE) FOR: Installation of Storm Pipe at Willow Avenue (PROJECT) KNOW ALL MEN BY THESE PRESENTS: 1. _DezTex Industrial Services, LLC dba RAMTEX 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 23rd day of April ,2021. DezTex Industrial Services, LLC dba RAMTEX (COMPANY NAME) (O ER,SIGNATURE/TITLE) SUBSCRIBED AND SWORN to before me this 23 day of A en 1 . 2021. My commission expires \' ' 2 ' 23 ✓a �Oe KASSIDY KAYADKINS ( ie_`l; Notary ID rX132269463 'j � �� My Commission Expires p c1L� ( 't o 0- December 2, 2023 otarY) EXHIBIT D DezTex Industrial Services, LLC -dba Website:www.Deztex.com Company Email:info@deztex.com Physical:905 West Jade Ave.,Port Arthur,TX 77640 Mail:Ripwsx P.O.Box 21397,Beaumont,TX 77720 0:409-983-5555;F:409-985-7762 Final Bills Paid Affidavit by Contractor BEFORE ME, the undersigned authority, personally appeared DezTex Industrial Services LLC dba RAMTEX(hereinafter referred to as"Contractor"),known to me to be a credible person,and after being by me duly sworn,upon oath stated and affirmed that: "My name is Jordan Robbins and I am the Manager of DezTex Industrial Services LLC dba RAMTEX hereafter sometimes referred to in this affidavit as"Contractor". Contractor's business address is 905 Jade Avenue Port Arthur, TX 77640 The undersigned Contractor has personal knowledge of the facts stated herein and has full authority to make the agreements in this affidavit on behalf of Contractor. Pursuant to and in accordance with a written construction contract between DezTex Industrial Services, LLC dba RAMTEX, Contractor, and City of Port Arthur, Owner/Administrator, Contractor furnished materials and labor for the construction, renovation, or repair of improvements located on or relating to project known as Installation of Storm Pipe at Willow Avenue located at Willow Avenue, City of Port Arthur.Jefferson County,Texas,legally described in Exhibit"A"attach ed hereto and made a part hereof for all purposes(the"Property").All work provided for under said written construction contract, together with all changes and supplements thereto, has been fully completed in accordance with the terms and provisions thereof. Contractor has paid each of its subcontractors, laborers, suppliers and materialmen in full for all labor and materials provided to Contractor for or in connection with the construction, renovation, or repair of improvements on or relating to the subject Property, or any portion thereof, excepting only the amounts owed for the following specified bills to the persons identified below. Contractor warrants and represents that the following specified bills will be paid to Contractor by Owner/Administrator in reliance on this Final Bills Paid Affidavit: Other than the above specified bills owed to the above referenced persons, Contractor is not aware of any Name of Payee Amount Owed unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both, for the construction, renovation,or repair of improvements located on or related to the subject Property. IN WITNESS THEREOF, the undersigned has signed and sealed this instrument this the 23rd day of April ,2021. DezTex Industrial Services,LLC dba RAMTEX (COMPANY NAME) ( .SIGNATUREIIT(LE) SUBSCRIBED AND SWORN to before me this 23 day oft' 2021. My commission expires 12" 2.. 2-3 virmbriirerdirahabigershahrftwr f- L `T��/J, Y 4i1 r `, (34111)(2,24 /��J o �'FY°(e KASSIDY KAY ADKINS ( (Nota ) z �"- Notary ID#132269463 t:,41by My Commission Expires 1 ''F�6E December 2,2023 ailmarrimmarommoropeamwepoupoupoorm One Cori, One 'Tetan2, One Coal DezTex Industrial Services, LLC -dba Website:www.Deztex.com Ra\v(t% Company Email:info@deztex.com Physical:9 ai West Jade Ave., ,Be Arthur,TX 77720 Mail:P.O.Box 21397,Beaumont,TX 77720 0:409-983-5555;F:409-985-7762 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 of modification thereof,and will execute such further releases or assurances as the Owner and Operator may request. IN WITNESS THEREOF, the undersigned has signed and sealed this instrument this the 23rd day of April ,2021. DezTex Industrial Services,LLC dba RAMTEX (COMPANY NAME) ATURFfrm,E) • SUBSCRIBED AND SWORN to before me this 3 day of ('-{J�I _ 202I 2• 2 My commission expires '{..' � V r I ♦�Rr'�� KASSIDY KAY ADKINS (No Notary ID$132269463 .,� yM My Commission Expires ''e E- December 2,2023 ownensamminwrainsionsmis One God, One Team, One Goat EXHIBIT E City of s ort rthur 7erus www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: May 28, 2021 • Project: Installation of a Stormwater Pipe on Willow Avenue To: All Concerned Gentlemen: I HEREBY CERTIFY THAT this project was completed on October 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 Elefano, 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 F Deztex Industrial Services LLC-Dba Website:www.Deztex.com 114Wf..)(011 INVOICE Email:Jordan@deztex.com P.O.Box 21397,Beaumont TX 77720 0:409-983-5555 F:409-985-7762 invoice A Date Bill To City of Port Arthur-Public Works 282-20516 6/1/2021 PO Box 1089 Port Arthur,T%77641 Email:aleska.washington@portarthurtx.gov Telephoner409-983-8189 PO No. Terms Due Date RAWER JOB if 222133 30 Days Upon 7/1/2071 20516 Receipt PRIOR BILLINGS THIS INVOICE Base Contract/Change Order Total Budget %Billed $Billed %Billed $Billed Description Approved Retainage Invoice 215-20516 R1 $ 3,103.61 0% $ 100% $ 3,103.61 Invoice 224-20516 $ 344.83 0% $ - 100% $ 344.83 TOTAL CONTRACT VALUE %Previously Total Amount %Billed on this invoice Subtotal Billed Previously Billed $68,969.120 95% $65,520.56 5% $ 3,4,18.44 LESS RETAINAGE(0%) $ TOTAL INVOICE AMOUNT $ 3,448.44 Please Remit to: Deztex Industrial Services LLC,Dba BamTex P.O.Box 21397 Beaumont TX 77720 Telephone:409-983-5555 One 6'o4'One'reams One coal EXHIBIT G CITY OF PORT ARTHUR, TEXAS DEPARTMENT OF PUBLIC WORKS CERTIFICATE OF ACCEPTANCE FOR... WILLOW AVENUE INSTALLATION OF STORMWATER PIPE To: Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas This document is to certify that the City of Port Arthur,Texas accepts the completion of the Willow Avenue Installation of Stormwater Pipe 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 Deztex Industrial Services, LLC dba Ramtex of Port Arthur, Texas. Ron Burton City Manager Sherri Bellard City Secretary