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HomeMy WebLinkAboutPR 22939: SETEX FACILITIES AND MAINTENANCE FOR THE CONSTRUCTION OF SPRAY PRK, SOCCER FIELD AND VOLLEYBALL COURT \/?, IhYt7,,,, www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 16, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation C ... RE: P.R. 22939—Acceptance of Close Out Documents Submitted by SETEX Facilities and Maintenance for the Construction of a Spray Park, Soccer Field and Volleyball Court at 5200 7th Street(Formerly Lakeview Pool) Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R.No. 22939 authorizing the acceptance of close out documents submitted by SETEX Facilities and Maintenance, LLC of Beaumont,Texas and approve the release of retainage in the amount of$48,113.07 for the construction of a spray park, soccer field and volleyball court at 5200 7th Street(formerly Lakeview Pool). Background: Pursuant to Resolution 21-264, the City Council awarded a contract to SETEX Facilities and Maintenance,LLC of Beaumont,Texas for the construction of a spray park,soccer field and volleyball court at 5200 7th Street(formerly Lakeview Pool). City Council approved Change Order No. 1 for the installation of a water heater and drains in the restroom. Change Orders 2 and 3 were approved for the installation of a fence and Bermuda grass pursuant to Resolution No. 22-239. The construction of the spray park, soccer field and volleyball court is complete and the retainage of $48,113.07 has been requested by SETEX Facilities and Maintenance, LLC of Beaumont, Texas who have submitted close out documents for this request. Budget Impact: Funding in the amount of$48,113.07 is available for this purpose in Account Number 307-25-067- 8525-00-10-000 Project Number PR0003. Recommendation: It is recommended that the City Council approve P.R. No. 22939 authorizing the acceptance of close out documents submitted by SETEX Facilities and Maintenance,LLC of Beaumont,Texas and approve the release of retainage in the amount of$48,113.07 for the construction of a spray park, soccer field and volleyball court at 5200 7th Street(formerly Lakeview Pool). "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R.No. 22939 12/16/2022 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY SETEX FACILITIES AND MAINTENANCE, LLC OF BEAUMONT, TEXAS, AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF $48,113.07 FOR THE CONSTRUCTION OF A SPRAY PARK, SOCCER FIELD AND VOLLEYBALL COURT AT 5200 7TH STREET; FUNDING AVAILABLE IN ACCOUNT NUMBER 307-25-067-8525-00-10-000 PROJECT NUMBER PR0003 WHEREAS, pursuant to Resolution No. 21-264, the City Council awarded a contract to SETEX Facilities and Maintenance, LLC of Beaumont, Texas for the construction of a spray park, soccer field and volleyball court at 5200 7tn Street(formerly Lakeview Pool); and, WHEREAS, the City Council approved an amendment changing the cooperative purchasing program to Buyboard cooperative Contract Number 581-19 pursuant to Resolution No. 21-330; and, WHEREAS, the City Council approved Change Order No. 1 for the installation of a hot water heater and drains pursuant to Resolution 22-108; and, WHEREAS, pursuant to Resolution No. 22-239, the City Council approved Change Orders No. 2 and 3 for the installation of a fence and Bermuda grass; and, WHEREAS, SETEX Facilities and Maintenance, LLC of Beaumont, Texas has submitted the Certificate of Substantial Completion dated November 11, 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 "A"; together with the Contractor's Certificate and Release (Exhibit "B"), the Contractor's Certificate of Warranty (Exhibit"C"), and the Contractor's Certificate of 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 SETEX Facilities and Maintenance, LLC of Beaumont, Texas, for the amount of$48,113.07 (Exhibit"E"); and, P. R.No. 22939 12/16/2022 ca WHEREAS, SETEX Facilities and Maintenance, LLC of Beaumont, Texas, has completed the contracted project to the satisfaction of the Parks and Recreation staff (Exhibit "F"); and, WHEREAS, approval of the acceptance of the Close Out Documents, and Release of Retainage is herein deemed an approportionate action; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorized the City Manager to hereby accept the Certificate of Substantial Completion dated November 11, 2022 (Exhibit "A"), together with the Contractor's Certificate and Release (Exhibit "B"), the Contractor's Certificate of Warranty (Exhibit "C"), the Contractor's Certificate of Debts Paid (Exhibit "D") and Certificate of Completion(Exhibit"F"). Section 3. That the Release of Retainage by paid to SETEX Facilities and Maintenance, LLC of Beaumont, Texas in the amount of$48,113.07 (Exhibit"E"). Section 4. 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 a spray park, soccer field and volleyball court at 5200 7th Street (former Lakeview Pool). Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2023, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: (Mayor) Councilmembers: P. R.No. 22939 12/16/2022 ca NOES: Thurman"Bill" Bathe Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: At4'17 Val Tizeno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager Chandra Alpough Director of Parks and Recreation P. R.No. 22939 12/16/2022 ca APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance ci tJ11JJd �- Clifton Williams, CPPB Purchasing Manager P. R.No. 22939 12/16/2022 ca EXHIBIT "A" CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.: 22104306 Project Name: Lakeview Splash Park Contractor: SETEX Facilities &Maintenance Description of Work: Lakeview Splash Park Pool Demolition and Build-out The work performed under this contract has been reviewed and found to be substantially complete.The date of substantial completion is hereby established as 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 all been completed. Punch List All 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 in 60 days from the above date of substantial completion. The responsibilities shall be as se ut in the Contract Documents or on the attached hereto. If not specified in and an attachment or in the C tr ct Documents the CONTRACTOR is responsible for maintenance, utilities and insurance. SETEX Facilities & Maintenance I .11 -as CONTRACTOR NAME SIGNATURE DATE RECOMMENDED FOR ACCEPTANCE ENGINEER NAME SIGNATURE DATE The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur, Department of Parks and Recreation. PROJECT MANAGER SIGNATURE DATE CITY ENGINEER SIGNATURE DATE DIRECTOR OF PARKS AND SIGNATURE DATE RECREATION P. R.No. 22939 12/16/2022 ca EXHIBIT "B" CONTRACTOR'S CERTIFICATE AND RELEASE FROM: SETEX Facilities & Maintenance (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 21-264 CONTRACT ENTERED INTO THE 15th DAY OF July, 2021 BETWEEN THE CiTY OF PORT ARTHUR AND SETEX Facilities & Maintenance OF Beaumont, Texas FOR THE PROJECT Lakeview Splash Park KNOW ALL :\iEN BY THESE PRESENTS: l.) The undersigned hereby certifies that there is due from. and payable by. the Owner to the Contractor under the contract and duly approve Change Orders and modification the balance of S 48,113.07 2.) The undersigned further certifies that in addition to the amount set forth in Paragraph i, there are outstanding and unsettled the following items which he claims are just and due and owing by the Owner to the Contractor: a._N/A b. c. d. (Itemire 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 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 I 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 I hereof, the undersigned does hereby release the Owner and Operator from any 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 any reason the Owner dots not pay the full 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 an 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 paid contract modification thereof, and will execute such further releases or assurances of the Owner and Operator may request. I IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this - day of December , 2022. SETEX Facilities & Maintenance ISEAt_} ( M/M/000 BY: — (Signature) Nathan Rivers, President (Printed Name/Title of 0/fieer) Nathan Rivers , being first duly sworn on oath, deposes and says, First, that, he/she is the (.1//i(nt) President of SETEX Facilities & Maintenance , (Title) (Name of Company) Second, that he/she has read the foregoing certificate by. him'her subscribed as President (Title) of SETEX Facilities & Maintenance . (Name ofC'ompany) Affiant further states that the matters and things stated herein are true. Nathan Rivers (A/Jiant) Subscribed and sworn to before me this 1 14 day of December . 2022. My commission expires 1 1-17-2023 (A t itd2A_ ei2A4301--) voiTV 4 �`"��.rr'' LYNIDA CLIFTON 1'ar npe i. _za: k._Notary Public, State of Texas '• +�: Comm. Expires 11-17-2023 '''�.;',41 t``, Notary ID 11799700 2 P. R.No. 22939 12/16/2022 ca EXHIBIT "C" CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: SETEX Facilities & Maintenance (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 21-264 CONTRACT ENTERED INTO THE sf DAY OF Zru U t aow BETWEEN THE CITY OF PORT ARTHUR AND SETEX Facilities & Maintenance OF $877,688.86 FOR THE PROJECT Lakeview Splash Park KNOW ALL MEN BY THESE PRESENTS: 1.) SETEX Facilities & Maintenance does hereby guarantee all of the work done under the (Name of Contractor) 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 by Owner, as evidenced by the Contractor's Certificate of Completion. 3.) This Certificate is given in connection with the final payment under the contract between the Owner and SETEX Facilities& Maintenance , and with the knowledge that it will be relied upon in (Name of Contractor) Making such payment and that such payment would not be made except upon the truth of the matter contained in this affidavit. 441 IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this I � day of December ,2022. SETEX Faciliti &Maintenance {SE s ir (Contractor) `,�i,','Y'p'��,' LYNIDA CLIFTON _;q. :5.h%Notary Public.State of Texas = .'414 Comm. Expi►es 11-17-2023 BY: �.'a',,P 1Y4 NotaryID 11799700 pna (Signature) Nathan Rivers, President (Printed Name/Title of Officer) 1-1N arrant Nathan Rivers ,being first duly sworn on oath, deposes and says, First,that,he/she is the (Affiant) President of SETEX Facilities & Maintenance (Title) (Name of Company) Second, that he/she has read the foregoing certificate by him/her subscribed as President (Title) of SETEX Facilities & Maintenance . (Name of Company) Affiant further states that the matters and things stated herein are true. Nathan Rivers (Affiant) Subscribed and sworn to before me this 1 I-1�� day of December ,2022. My commission expires 11-17-2023 0.1,6 s`p4►0410 LYNIDA CLIFTON —` - :-,;Notary Public, State of Texas NOTARY '� Comm. Expires 11-17-2023 -'%.4 ``.` Notary ID 11799700 • 2-Warranty P. R.No. 22939 12/16/2022 ca EXHIBIT "D" P 1R1�f1wi - - CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: Lakeview Splash Park LOCATION: Port Arthur, Texas 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 materials and equipment furnished for all work, labor, and services preformed 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 a way be held responsible or encumbered. Exceptions: N/A Contractor: SETEX Faci • s & Maintenance . Texas Signature: Printed Name: Nathan Rivers Date: Subscribed and sworn to before me this 1 ) i h day of December , 2022 My commission expires: 11-17-2023 n � • ��j�Y11�CK �� ':•• ••`. 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N _ -I N A co Z N N .1.1 2 0 O n 7 2 = N 'N N o CAD N- N O A Co 0 CD Xl CDN j o N CD U0 CA CD P. R.No.22939 12/.16/2022 ca EXHIBIT "F" www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: December 16, 2022 Project: Construction of a Spray Park, Soccer Field and Volleyball Court-5200 7th Street; Release of Retainage To: All Concerned I HEREBY CERTIFY THAT this project was completed on November 11, 2022 and that the work was under periodic inspection during construction by myself City Inspectors. That to the best of my knowledge, the project was constructed substantially in accordance with the plans and specifications. Submitted by: 010,,,,,,A.0.„. Chandra Alpough Director of Parks and Recreation "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R.No. 22939 12/16/2022 ca EXHIBIT "G" CITY OF PORT ARTHUR, TEXAS DEPARTMENT OF PARKS AND RECREATION CERTIFICATE OF ACCEPTANCE FOR Construction of a Spraypark, Soccer Field and Volleyball Court—5200 7th Street To: SETEX Facilities and Maintenance, LLC This document is to certify that the City of Port Arthur, Texas accepts the completion of the construction of a spraypark, soccer field and volleyball court at 5200 7th Street, on the basis of the recommendation of the City of Port Arthur's Parks and Recreation 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 SETEX Facilities and Maintenance, LLC of Beaumont, Texas. Ron Burton City Manager Sherri Bellard City Secretary