HomeMy WebLinkAboutPR 22461: WACO AVENUE-4TH STREET PARKING LOT PROJECT City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: March 29,2022
To: The Honorable Mayor and City Council
Through: Ron Burton; City Manager __
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From: Flozelle C. Roberts, EIT,MEng, MBA; Director of Public Works we'
RE: P.R. 22461: Waco Avenue-4th Street Parking Lot Project, Clos ut, Change Order No. 1,
and Release of Retainage;Project No. DT001-CON.
Introduction:
The intent of this agenda item is to authorize the City Manager to accept the Close Out Documents, Change
Order No. 1 and release retainage in the amount of$29,949.14 for the Waco Avenue-4th Street Parking Lot
Project submitted from Construction Managers of Southeast Texas,LLC of Port Arthur,Texas(CMOST).
Background:
The City of Port Arthur advertised for bids to rehabilitate and expand the parking lot under Bid No.
P21-026 and Bid No. P21-037. Construction Managers of Southeast Texas, LLC of Port Arthur, Texas
(CMOST), submitted bids on each project. Each bid submitted exceeded the City of Port Arthur's
proposed budget amount. Pursuant to Resolution 21-200,Council rejected both bids and the project was
rebid. The Purchasing Department re-advertised and bids received were opened on June 9, 2021, with
two respondents. Upon review, it was determined that CMOST submitted the lowest responsible bid in
the amount of$610,302.49.
On June 22, 2021, Council considered Proposed Resolution 22007, voting to enter into an agreement
with CMOST,the measure failed with four to three. Mayor Pro Tem Donald Frank invoked Ordinance
2-31(g)requesting that Council reconsider PR22007 citing CMOST as the lowest qualified responsible
bidder. The measure passed.
Pursuant to Resolution No. 21-415, CMOST was awarded the contract for the amount of$610,302.49 to
expand and reconstruct the Police Parking lot located at the corner of Waco Avenue and 4th Street. The
awarded project had a budgetary impact of$610,302.49 for a contract period of 60 calendar days.
"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
Change Order No. 1 is being submitted by Construction Managers of Southeast Texas,LLC of Port Arthur,
Texas (CMOST) to reflect a deduct in the amount of$11,319.74 revising contract quantities to reflect as-
built quantities,removal of wheel stops and removal of a water meter amending the original contract amount
of$610,302.49 to the new contract amount of$598,982.75. Change Order No. 1 also adds 25 more calendar
days changing the original contract completion date of January 7,2022 to the new contract completion date
of February 2,2022.
Public Works — Engineering has also received Close Out Documents from Construction Managers of
Southeast Texas, LLC of Port Arthur, Texas (CMOST) that includes the Certificate of Substantial
Completion establishing completion as February 2, 2022, the Contractor's Certificate and Release, the
Contractor's Certificate of Warranty, and the Contractor's Certificate of Debts Paid. Additionally,
Construction Managers of Southeast Texas, LLC of Port Arthur, Texas (CMOST) is asking for release of
retainage in the amount of$29,949.14.
Budget Impact:
Funds are available in the Capital Improvement Account No. 307-25-067-8525-00-10-000. Project No.
DT001.CON.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 22461 with Construction Managers
of Southeast Texas, LLC of Port Arthur, Texas (CMOST) authorizing the City Manager to accept Change
Order No. 1,the Close Out documents and release retainage in the amount of$29,949.14.
"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. 22461
3/29/2022 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 1 DECREASING THE ORIGINAL CONTRACT
AMOUNT OF $610,302.49 BY $11,319.74 TO THE NEW CONTRACT
AMOUNT OF $598,982.75, THE ADDITION OF 25 CALENDAR DAYS
FOR CONTRACT COMPLETION AND ACCEPTANCE OF THE
CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND
RELEASE, CONTRACTOR'S CERTIFICATE OF WARRANTY,
CONTRACTOR'S CERTIFICATE OF DEBTS PAID TO THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND CONSTRUCTION
MANAGERS OF SOUTHEAST TEXAS, LLC OF PORT ARTHUR, TEXAS
WACO AVENUE-4TH STREET POLICE PARKING LOT PROJECT AND
APPROVAL OF RELEASE OF RETAINAGE FOR THE AMOUNT OF
$29,949.14 FROM THE CAPITAL IMPROVEMENTS ACCOUNT NO.
307-25-067-8525-00-10-000. PROJECT NO. DT001-CON.
WHEREAS, pursuant to Resolution No. 20-415, the City of Port Arthur City Council
awarded a contract for the Waco Avenue-4th Street Police Parking Lot Project to Construction
Managers of Southeast Texas, LLC of Port Arthur,Texas (CMOST) for the amount of$610,302.49
and a completion time of 60 calendar days; and,
WHEREAS, Change Order No. 1 is being submitted by Construction Managers of
Southeast Texas, LLC of Port Arthur, Texas (CMOST) to reconcile contract quantities to reflect
a deduct in the amount of $11,319.74 revising contract quantities, the removal of wheel stops
and a water meter amending the original contract amount of $610,302.49 to the new contract
amount of $598,982.75, see Exhibit A; and,
WHEREAS, Change Order No. 1 being submitted by Construction Managers of Southeast
Texas, LLC of Port Arthur, Texas (CMOST) seeks to add twenty-five (25) calendar days to the
original contract completion date modifying it from January 7, 2022 to February 2, 2022; and,
PR No. 22461
3/29/2022 mje
Page 2 of 4
WHEREAS, Construction Managers of Southeast Texas, LLC of Port Arthur, Texas
(CMOST) has submitted the Certificate of Substantial Completion dated February 2, 2022 and
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 Contractor's Certificate and Release (Exhibit C), the Contractor's Certificate of
Warranty (Exhibit D), and the Contractor's Certificate of Debts Paid (Exhibit E); and,
WHEREAS, the retainage for the project is 5% of the work completed and billed, the
Release of Retainage has been submitted by Construction Managers of Southeast Texas, LLC of
Port Arthur, Texas (CMOST) for the amount of $29,949.14, see Exhibit F; and,
WHEREAS, Construction Managers of Southeast Texas, LLC of Port Arthur, Texas
(CMOST) has completed the contracted project to the satisfaction of the Public Works Director
and the City Engineering staff, see Exhibit G; and,
WHEREAS, approval of Change Order No. 1 along with the acceptance of the Close Out
Documents, and Release of Retainage is 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 authorizes the City Manager to execute Change Order No.
1 submitted by Construction Managers of Southeast Texas, LLC of Port Arthur, Texas (CMOST)
to reconcile all bid items on the project and will decrease the original contract amount of
$610,302.49 by $11,319.74 to the new contract amount of $598,982.75, Exhibit A; and,
THAT, the City Council hereby accepts the Certificate of Substantial Completion dated
February 2, 2022 (Exhibit B); together with the Contractor's Certificate and Release (Exhibit C),
PR No. 22461
3/29/2022 mje
Page 3 of 4
the Contractor's Certificate of Warranty (Exhibit D), the Contractor's Certificate of Debts Paid
(Exhibit E); 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 H) for the completion of the
Waco Avenue-4th Street Police Parking Lot Project; and,
THAT, the Release of Retainage be paid to Construction Managers of Southeast Texas,
LLC of Port Arthur, Texas in the amount of $29,949.14; 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.
2022 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Council members:
Noes:
Thurman "Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 22461
3/29/2022 mje
Page 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
i
ct-p-13.AA cal°
Valecla Ti eno
Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Cti,L-. j
Kandy Daniel
Interim Director of Finance
ozell berts, EIT Eng, MBA
Direct f Public W s
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CITY OF PORT ARTHUR
Public Works Engineering
DATE: FEBRUARY 25,2022
PROJECT: WACO AVENUE/4TII STREET PARKING LOT
OWNER: CITY OF PORT ARTHUR
CONTRACTOR: CONSTRUCTION MANAGERS OF SOUTHFAS
CHANGE ORDER NO.:01
THE FOLLOWING CHANGES IN TILE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Adjust the Estimated Quantities to reflect the Actual Quantities used in the completion of the project:
Item Item Original Original
No. Code Description Unit Unit Price New Quantity New Amount
Quantity Amount
WHEEL STOP
5008 CREDIT FOR WHEEL STOP LF 238 $ 215.87 $ 51,377.06 56.725 $ (12,245.23)
529 CREDIT FOR REMOVAL OF CONCRETE BARRIERS IF 158 $ 66.54 $ 10,513.32 154.290 $ (10,266.461
WATER METER
REMOVE WATER METER EA 1 $ 1,168.22 $ 1,168.22 $ (1,168.22)
REMOVE WATER METER(1")W/BOX EA 1 $ 3,555.46 $ 3,555.46 $ (3,555.46)
ELECTRICAL
CONNECT FIXTURE TO CIRCUIT FOR NEW POLE EA 1 $ 3,864.00 $ 3,864.00 1.000 $ 3,864.00
ASPHALT IN FRONT OF COUNTY OFFICE
316 ADDITIONAL TACK COAT GAL 41 $ 21.10 $ 865.10 41.000 $ 865.10
340 ADDITIONAL 2"ASPHALT TON 18 $ 144.15 $ 2,594.70 18.000 $ 2,594.70
DRIVEWAY AT COUNTY
316 ADDITIONAL TACK COAT GAL 355 $ 21.10 $ 7,490.50 39.000 $ 822.90
340 ADDITIONAL 2"ASPHALT TON 1,182 144.15 $ 170,385.30 17.000 $ 2,450.55
ADDITIONAL BORING TO GET TO POLICE LF 45 $ 54.42 $ 2,448.90 45.000 $ 2,448.90
ASPHALT AT FUEL TANK
110 EXCAVATION CY 577 $ 32.47 $ 18,735.19 8.900 $ 288.98
247 FLEX BASE INSTALLATION SY 1,557 $ 38.30 $ 59,633.10 24.450 $ 936.44
500 ROLLER(1 DAY RENTAL) EQP 1 $ 1,085.00 $ 1,085.00 1.000 $ 1,085.00
340 2"ASPHALT TON 1,182 $ 144.15 $ 170,385.30 3.000 $ 432.45
316 ASPHALT PRIME COAT GAL 355 $ 21.10 $ 7,490.50 6.000 $ 126.60
DEDUCT $ (11,319.74)
NEW
ORIGINAL CONTRACT AMOUNT $ 610,302.49 CONTRACT $598,982.75
AMOUNT
ORIGINAL CONTRACT AMOUNT: $ 610,302.49
NET FROM PREVIOUS CHANGE ORDERS: $ -
TOTAL AMOUNT OF THIS CHANGE ORDER NO.1: $ (11,319.74)
PERCENT OF THIS CHANGE ORDER NO.1: -1.85%
TOTAL PERCENT CHANGE ORDERS NO.1: -1.85%
FINAL CONTRACT AMOUNT: $598,982.75
TWENTY-FIVE(25)CALENDAR DAYS HAVE BEEN ADDED TO THE CONTRACT BY CHANGE ORDER NO.1
NOTICE TO PROCEED DATE:NOVEMBER 8,2021
NUMBER OF CALENDAR DAYS FOR PROJECT: 60
ORIGINAL CONTRACT COMPLETION DATE: JANUARY 7,2021
NUMBER OF ADDITIONAL CALENDAR DAYS REQUESTED:25
NEW CONTRACT COMPLETION DATE: FEBRUARY 2,2022
PREPARED BY: QUANTITIES VERIFIED BY:
Jose Cardenas,Project Manager Martin Flood,Project Inspector
CMOST
APPROVED BY: APPROVED BY:
John Cannatella,P.E.,City Engineer M.Jennifer Edwards,BAAS,MPA
APPROVED BY:
Ron Burton,City Manager
Clifton Williams,CPPB,Purchasing Manager
Z:\Construction Managers\CURRENT PROJECTS\3.SETX 2021\PA Parking Lot\Change Proposals\Change Orders\Copy of CMOST CO1 Rev 2-25-22_1(006)
EXHIBIT B
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No: 21-415
Project Name:Parking Lot Rehabilitation and Expansion of the Existing Parking Lots Located at the Corner of 4th Street and Waco Avenue
Contractor:Construction Managers of Southeast Texas,LLC.
Description of Work: Rehabilitation and Expansion of the Existing Parking Lots
The work performed under this contract has been reviewed and found to be substantially complete.
The date of substantial completion is herby established as February 02,2022
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 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 here to 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 here to.If not specified in an attachment or in the Contract Documents the
CONTRACTOR is responsible for maintenance,utilities nd in ance.
Construction Managers of
Southeast Texas.I LC. 2/25/2022
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR ACCEPTANCE
<1J�n C4An . i.ch//ce 2 /2 /.2a
ENGINEER NAME SIGNATURE DATE
The City of Port Arthur accepts the work as Substantially Complete.
City of Port Arthur,Department of Public Works.
ROJE MANAGER SIG RE DATE
J01) C Aa c// 2./20�
CITY ENGINEER ATE
43/
PUBLIC WORKS DIRECTOR SI NAT E DATE
EXHIBIT C
CONTRACTORS CERTIFICATE AND RELEASE
FROM: Construction Managers of Southeast Texas,LLC.
TO:City of Port Arthur
REFERENCE CONTRACT NO: 21-415
CONTRACT ENTERED INTO THE 18th DAY OF October,2022 BETWEEN
THE CITY OF PORT ARTHUR AND Construction Managers of Southeast Texas,LLC.
OF Beaumont,TX
FOR THE Parking Lot Rehabilitation and Expansion of the Existing Parking Lots Located at the Corner of 4th Street and Waco 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$29,949.14.
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 non,so state)
3.) The undersigned further certifies that all work required under this contract, including work
required under Change Order(s) numbered 01 , 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 contact
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 and all claims arising under
or by virtue of this contact, 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 he 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 I 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 of the Owner and Operator may request.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 25th day of
February ,2022.
(SEAL) Construction Managers of Southeast Texas, LLC.
(Contractor)
By: 1
(Signature and Title of Officer)
Bruce Reyes ,being first duly sworn on oath,deposes and says,first,that he is the
(Affiant) Construction Managers of
CEO of Southeast Texas, LLC. ,second,that he has read the foregoing
(Title) (Name of Company)
Construction Managers of
certificate by him subscribed as CEO of Southeast Texas, LLC.
(Name of Company)
Affiant further states that the matters and things stated herein are true. Pe
j,5
(Affiant)
Subscribed and sworn to before me this 25th day of February 2022.
My commission expires 2
)1P41-Ali,
(Notary)
CHRISTINA'REYES
MY COMMISSION EXPIRES
l'$(F - NOTARY ID: 13168506-9
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: Construction Managers of Southeast Texas, LLC.
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: 21-415
ao,2l '61C- r---
CONTRACT ENTERED INTO THE 18th DAY OF October,a632,- BETWEEN
The City of Port Arthur AND Construction Managers of Southeast Texas,LLC
OF Beaumont,TX
Parking Lot Rehabilitation and Expansion of the Existing Parking Lots Located at the Corner of 4th
FOR THE Street and Waco Avenue
KNOW ALL MEN BY THESE PRESENTS:
Construction Managers of
1.) Southeast Texas. LLC. does hereby guarantee all of the work done under the
above refenced 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
and 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.) 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 Construction Managers of Southeast Texas,LLC. and with the knowledge that it will be
relied upon in making such payment ant 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 25th day of
February ,2022.
SEAL Construction Managers of Southeast Texas, LLC.
(Contractor )
f
By:
(Signature and Title of Officer)
Bruce Reyes being first duly sworn on oath,deposes and says,first,
Construction Managers of
That he is the CEO of Southeast Texas, LLC. second,that he has read
Construction Managers of Southeast
the foregoing certificate by him subscribed as CEO of Texas. LLC.
Affiant further states that the matters and things stated herein are true.
".uce_ Pjes
(Affiant)
Subscribed and sworn to before me this 25th day of February ,2022.
My Commission expires OS JI(o/ 2C22_
Eric4cirs(A s
(Notary)
=o'-e'Y`-°e, CHRISTINA REYE
,0-?&( . CHRISTINA REYES
MY COMMISSION, l
08/16/202'2
NOTARY ID: 13168506-9
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT:Parking Lot Rehabilitation and Expansion of the Existing Parking Lots located at the Corner of 4th Street
and Waco Avenue
LOCATION:Port Arthur,Texa s
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 material and equipment furnished,for all work, labor,
and services performed, and for all know indebtedness and claims against the Contract 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: [JJ&D Construction : $6,046.56] [Gulf Coast Electric: $4,080.84] [Jones Aluminum: $1,069.75]
[Enterprise Commercial Paving: $8,611.60] [A-1 Maida Fence: $274.85]
Contractor: Construction Mana ers of Southeast Texas, LLC.
Signature:
Printed Name: Bruce Reyes
Date: 4/4/2022
Subscribed and sworn to before me this 4th day of April , 2022.
My Commission Expires Ogilli J2022
(iii\/1/1-(LA1& lZb- e
(Notary)
p{',:-P-'a CHRISTINA REYES '
N..-, MY COMMISSION EXPIRES
s ` - 08/16/2022
'Z" NOTARY ID: 13168506-9'
EXHIBIT F
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EXHIBIT G
City of
orf rlltu
Texas
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: March 29, 2022
Project: Waco Avenue-4t Street Parking Lot Project—Close Out
Project No. DT001.CON
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on February 2, 2022 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.
Subm . d by:
0404/04 4 _
�r•
Flo ,1,0 RobeT, MEng, MBA
Dire I r of Pub c 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 H
CITY OF PORT ARTHUR, TEXAS
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
WACO AVENUE-4TH STREET PARKING LOT PROJECT
DT001.CON
To: Construction Managers of Southeast Texas, LLC (CMOST)of Port Arthur, Texas
This document is to certify that the City of Port Arthur,Texas accepts the completion of the Waco
Avenue-4t Street Parking Lot Project, on the basis of the recommendation of the City of Port
Arthur's Public Works' Engineering 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 Construction Managers of Southeast Texas, LLC (CMOST)
of Port Arthur, Texas.
Ron Burton
City Manager
Sherri Bellard
City Secretary