HomeMy WebLinkAboutPR 22821: AUSTIN AVENUE PARKING LOT DRAINAGE INSTALLATION PROJECT'S CiN q1
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www.PortArth u rTx.gov
INTEROFFICE MEMORANDUM
Date: December 29,2022
To: The Honorable Mayor and City Council
Through: Ron Burton; City Manager
From: John Cannatella, PE, City Engineer
RE: PR 22821:Austin Avenue Parking Lot Drainage Installation Project's completion and acceptance of
Close Out documents and Release of Retainage from Preferred Facilities Group,USA,LLC. Project
No. DT0001-CON.
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 $5,989.83 for the Austin Avenue Parking Lot Drainage Installation constructed by
Preferred Facilities Group USA, LLC, of Beaumont,Texas formerly dba as SETEX Facilities &Maintenance.
Background:
The Austin Avenue Parking Lot is located adjacent to the north side of the Economic Development Corporation
(EDC) Enterprise Building (Press Building) along the alleyway. That area has experienced drainage problems that
has resulted in water entering the building.
Pursuant to Resolution 21-111, Port Arthur City Council approved entering into a contract with Preferred
Facilities Group USA-LLC of Beaumont, Texas formerly dba as SETEX Facilities & Maintenance to install a
drainage system. It was determined that lowering the elevation of the parking lot and installing a new drainage
system would eliminate potential flooding along the north edge of the Press Building.
Public Works Engineering has also received Close Out Documents from Preferred Facilities Group USA, LLC,
of Beaumont, Texas formerly dba as SETEX Facilities&Maintenance that includes the Certificate of Substantial
Completion establishing completion as May 9,2021,the Contractor's Certificate and Release,the Contractor's
Certificate of Warranty,and the Contractor's Certificate of Debts Paid. Additionally,Preferred Facilities Group
USA-LLC of Beaumont,Texas formerly dba as SETEX Facilities&Maintenance is asking for release of retainage
in the amount of$5,989.83.
Budget Impact:
Funds are available in the Capital Improvement Account No. 307-21-053-8517-00-10-000. Project No.
DT0001-CON
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 22821 with Preferred Facilities Group
USA, LLC, of Beaumont,Texas formerly dba as SETEX Facilities&Maintenance authorizing the City Manager to
accept the Close Out documents and release retainage in the amount of$5,989.83.
"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
PR22821
12/28/2022 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, CONTRACTOR'S CERTIFICATE OF WARRANTY,
CONTRACTOR'S CERTIFICATE OF DEBTS PAID ON THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND PREFERRED
FACILITIES GROUP USA, LLC, OF BEAUMONT, TEXAS FOR THE
AUSTIN AVENUE DRAINAGE INSTALLATION PROJECT AND
APPROVAL OF THE RELEASE OF RETAINAGE IN THE AMOUNT OF
$5,989.83 FROM THE CAPITAL IMPROVEMENTS STREET
MAINTENANCE ACCOUNT NO. 307-21-053-8517-00-10-000.
PROJECT NO. DT0001-CON.
WHEREAS, the parking lot adjacent to the Economic Development Corporation's
(EDC) Press Building experienced drainage problems that led to high water elevations
and water entering the north side of the building; and,
WHEREAS, pursuant to Resolution 21-111, the City entered into a contract with
Preferred Facilities Group USA, LLC, of Beaumont, Texas formerly dba as SETEX Facilities
and Maintenance for the lowering of a portion of the Austin Avenue Parking Lot and the
installation of a new drainage system along the north end of the Press Building; and,
WHEREAS, Preferred Facilities Group USA, LLC, of Beaumont, Texas formerly dba
as SETEX Facilities and Maintenance has submitted the Certificate of Completion
establishing substantial completion as of May 9, 2021 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 of herein 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,
PR22821
12/28/2022 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 submitted by Preferred Facilities Group USA, LLC, of
Beaumont, Texas formerly dba as SETEX Facilities and Maintenance for the amount of
$5,989.83, see Exhibit E; and,
WHEREAS, Preferred Facilities Group USA, LLC, of Beaumont, Texas formerly dba
as SETEX Facilities and Maintenance has completed the contracted project to the
satisfaction of the Public Works Director and the City Engineering staff, see Exhibit F;
and,
WHEREAS, 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, Council hereby accepts the Certificate of Completion dated May 9, 2021
(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,
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 Austin Avenue Drainage Installation; and,
THAT, the Release of Retainage be paid to Preferred Facilities Group USA, LLC, of
Beaumont, Texas formerly dba as SETEX Facilities and Maintenance in the amount of
$5,989.83; and,
PR22821
12/28/2022 mje
Page 3 of 4
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. 2023 at a meeting of the City of Port Arthur, Texas by the
following vote: Ayes: Mayor:
Council members:
Noes:
Thurman "Bill" Bartle
Mayor
Attest:
City Secretary
Sherri Bellard
PR22821
12/21/2022 mje
Page 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
V �n
Valecia izeno Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy K. Daniel
Director of Finance
Floze le . oberts MEng, MBA
Direct°(o Public ks
John Cann e , PE
City Engineer
L'a
Clift Williams, CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: 223286
Project Name: COPA Austin Ave Parking Lot
Contractor: SETEX Facilities & Maintenance
Description of Work: Lower the elevation and installation of drainage system
The work performed under this contract has been reviewed and found to be substantially complete. The
date of substantial completion is hereby established as S - 1 - 21
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 set out in the Contract Documents or on the attached
hereto. If not specified in and an attachment or in the C tract Documents the CONTRACTOR is responsible for
maintenance,utilities and insurance.
SETEX Facilities & Maintenance It 114• 1 2022
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR JACCEPTANCE
J0A LG e0,1 )/ o /2 Z
ENGINEER NAME ATURE DATE
The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur,Department of Public
Works.
PROJECT MANAGER SIGNATURE DATE
Nl•An 4el w3e 1 k l>
CITY ENGINEER T DATE l v
PUBLIC WORKS DIRECT R E DA E
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: SETEX Facilities&Maintenance
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: 21-111
CONTRACT ENTERED INTO THE 25th DAY OF March 2021 BETWEEN THE
CITY OF PORT ARTHUR AND SETEX Facilities & Maintenance
OF $119, 796.68
FOR THE PROJECT COPA Austin Ave Parking Lot
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 approve Change Orders and modification the balance of
$ N/A
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. N/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 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 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 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 does not pay the full 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 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.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this day of
November ,2022.
SETEX Facilities &Maintenance
{SEAL} (Contractor)
BY:
(Signature)
Nathan Rivers. President
(Printed Name/Title of Officer)
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 L+}l day of November ,2022.
My commission expires ) )-1 1- a3
Ityr1
NOTARY
�""",, LYNIDA CLIFTON
�sY
•
2; •�;:Notary Public,State of Texas
Comm.Expires 11-17-2023
�'?;F `�.` Notary ID 11799700
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: SETEX Facilities &Maintenance
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: 21-111
CONTRACT ENTERED INTO THE 25th DAY OF March 2021 BETWEEN THE
CITY OF PORT ARTHUR AND SETEX Facilities &Maintenance
OF $119,796.68
FOR THE PROJECT COPA Austin Ave Parking Lot
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.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 10o1 day of
November ,2022.
SETEX Facilities & Maintenance
{SEAL} (Contractor)
BY:
(Signature)
Nathan Rivers,President
(Printed Name/Title of Officer)
1-Warranty
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 I erth day of November ,2022.
My commission expires 1 I-1'1- 1.
,%AJ;L UlAtto-1
NOTARY
,�,F.':.;4,'. LYNIDA CLIFTON ,
:a°;' ;;' Notary Public,State of Texas
��: .'� Comm.Expires 11-17-2023
-4,g;''''' Notary ID 11799700
4
2-Warranty
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF DEBTS PAID
PROJECT: COPA Austin Ave Parking Lot
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: S Facilities & Maintenance , Texas
Signature: C
Printed Name: Nathan Rivers
Date: 11- lto- a3
Subscribed and sworn to before me this )6+6 day of November , 2022
My commission expires: J I—11 - A-6
leA •ctian Uet.-S0r,
NOTARY
�.�`P�',''�1,, LYNIDA CLIFTON
'3,;�";,:Notary Public.State of Texas
_.`• �= Comm.Expires 11-17-2023
;%f `�. Notary ID 11799700
EXHIBIT E
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EXHIBIT F
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ort rtlitt
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: December 21, 2022
Project: Austin Avenue Drainage Installation Project - Close Out and Release of Retainage.
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on May 9, 2021 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:
o
S / 4110,
A
r/ 9ri�.�.
ozelle °oberts, 'IT MEng' BA
Direct. , Publi •rks
"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...
AUSTIN AVENUE DRAINAGE INSTALLATION PROJECT
To: Preferred Facilities Group USA, LLC, of Beaumont, Texas formerly dba as SETEX
Facilities and Maintenance
This document is to certify that the City of Port Arthur,Texas accepts the completion of the Austin
Avenue Drainage Installation 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 Certificate of Debts Paid Debts Paid, Contractor's Certificate of Release, and the
Contractor's Certificate of Warranty as executed by Preferred Facilities Group USA, LLC, of
Beaumont, Texas formerly dba as SETEX Facilities and Maintenance.
Ron Burton Date
City Manager
Sherri Bellard Date
City Secretary