Loading...
HomeMy WebLinkAboutPR 22999: EDC, SETX FACILITIES AND MAINTENANCE, LLC, RETAINAGE FOR THE 549 4TH ST PHASE I AND PHASE II • PORTkARThUR oiOK P[trtt rtf[ T cwwasTIO% • INTEROFFICE MEMORANDUAM Date: March 2, 2023 To: City Council of the City of Port Arthur Through: Ron Burton, City Manager From: Terry Stokes, PAEDC Chief Executive Officer RE: P.R. 22999-A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY SETEX FACILITIES AND MAINTENANCE, LLC AND APPROVE THE RELEASE OF RETAINAGE FOR THE 549 4TH ST. PHASE I AND PHASE II ADDITIONS AND RENOVATIONS IN THE AMOUNTS OF $362,499.99 AND 102,992.82, RESPECTIVELY. FUNDING IS AVAILABLE IN THE EDC ACCOUNT NO. 307-00-000-2050-00-00-000, PROJECT NO. ED0549 The intent of this Agenda Item is to seek the Council's approval for the close out of Phase I & II of the Construction & Renovation Project at 549 4th Street and the release of retainage to SETEX Construction. Background: SETEX Construction has completed Phase I & II of the Construction and Renovation Project at 549 4th Street. With this completion we must close out the project and submit the final retainage payment to SETEX Construction. Phase I retainage is $362,499.99 and Phase II retainage is $102,992.82. Recommendation: It is recommended that the City Council of the City of Port Arthur approve the close out of Phase I&II of the Construction&Renovation Project at 549 4th Street and the release of retainage to SETEX Construction. P.R. No. 22999 2/9/2023 KVM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY SETEX FACILITIES AND MAINTENANCE, LLC AND APPROVE THE RELEASE OF RETAINAGE FOR THE 549 4TH ST.PHASE I AND PHASE II ADDITIONS AND RENOVATIONS IN THE AMOUNTS OF $362,499.99 AND$102,992.82,RESPECTIVELY.FUNDING IS AVAILABLE IN THE EDC ACCOUNT NO. 307-00-000-2050- 00-00-000,PROJECT NO. EDO549 WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to create an environment that promotes business, entrepreneurial and community development; and WHEREAS,the City of Port Arthur is in need of dedicated space for the development of an emergency operations center; and WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") applied for and was awarded Economic Development Administration(EDA)funding under the 20 l 8 Disaster Assistance Grant Funds to renovate the former Port Arthur News Building located at 549 4th Street in Port Arthur, Texas to serve as a center for community and business development to be known as"The Press Building"; and WHEREAS,on July 16, 2019 per Resolution No. 19-296, the City Council of the City of Port Arthur authorized the PAEDC to enter into a Pre-Development Construction Services Agreement with SETEX Facilities & Maintenance, LLC ("SETEX") for the addition and renovation of the former Port Arthur News Building; and WHEREAS, on February 18, 2020 per Resolution No. 20-053, the City Council of the City of Port Arthur authorized the PAEDC to enter into a Construction Manager Guaranteed Maximum Price Agreement with SETEX for the addition and renovation of the former Port Arthur News Building at a cost not to exceed $7,249,999.83 (Phase I); and WHEREAS, on November 10, 2020, per Resolution No. 20-398, the City Council of the City of Port Arthur authorized the PAEDC to enter into a Master Job Order Contract with SETEX for the completion of the addition and renovations of 549 4th Street for a Guaranteed Maximum Price not to exceed $1,600,000.00 (Phase II); and WHEREAS, SETEX has completed Phase I and II of the project and has submitted their request for release of retainage for both Phase I and Phase II of the contract; and WHEREAS, the PAEDC Board of Directors at their February 6, 2023 Regular Board meeting approved the close out and release of retainage for Phase I and Phase II to SETEX in the amounts of$362,499.99 and $102,992.82 respectively, and WHEREAS, approval of 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: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council authorizes PAEDC to accept close out documents submitted by SETEX Facilities and Maintenance,LLC and approve the release of retainage for the 549 4th St. Phase I and phase II additions and renovations. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. Fl"' READ,ADOPTED AND APPROVED on this day of A.D., 2023, at a Meeting of the City Council of the City of Port Arthur,Texas, by the following vote: AYES: Mayor , Councilmembers , NOES: . Thurman Bartie,Mayor ATTEST: Sherri Bellard, City Secretary APP VED: 1/+ Te ry Sto es, PAEDC CEO APPROVED AS TO FORM: (s-___Q. EZ__ Charles E. Zech,PAEDC Attorney APPROVED AS TO FORM: Val Tizeno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: CAr NA, k7Z) Kandy Danie Interim Finance Director EXHIBIT "A" CERTIFICATE OF OWNER D SUBSTANTIAL COMPLETION ARCHITECT13 CONTRACTOR 0 FIELD U OTHER p PROJECT: PROJECT NO.: AS19001 The Press Building—Phase I 549 40,Street CONTRACT FOR: Additions&Renovations to Port Arthur,Texas 77640 The Press Building 549 40'Street TO OWNER Port Arthur,Texas 77640 City of Port Arthur 4A Economic Development Corporation CONTRACT DATE:February 4'r,2018 501 Procter Street,Suite 100 Port Arthur,Texas 77640 TO CONTRACTOR:SETEX Facilities& DATE OF ISSUANCE: Maintenance,LLC 1660 South 23'd Street August 10,2022 Beaumont,Texas 77707 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The entire two-story building of approximately forty- three thousand(43,000)square feet. The Work performed under this Contract has been reviewed and found to the Architect's best knowledge,Information and belief,to be substantially complete. Substantial Completion Is the stage In the progress of the Work when the Work or the designated portion thereof Is sufficiently complete In accordance with the Contract Documents so the Owner can occupy or utilize the Work for Its Intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as July 20,2022\vhich Is also the date of commencement of applicable warranties required *by the Contract Documents,except as stated below. Lamar State College Port Arthur occupied spaces warranties began on October 15,2021 A list of items to be completed or corrected within thirty(30)days from the above date of Substantial Completion, prepared by the Contractor end verified and amended by the Architect is attached hereto.The failure to Indude any items on such Ilst does not alter the responsibility of the Contractor to complete ell Work in accordance with the Contract Documents.The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to In writing. Architects Studio pLLcO ARCHITECT BY The Contractor will complete or correct the Work on the list attached a within 30 days from the above Date of Substantial Completion. SETEX Facilities&Maintenance.LLD CONTRACTOR BY DA The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 03:00 pm on July 29,2022. City of Port Arthur 4A Economic t� Development Corporation _ 9.X r a OP OWNER B DATE The responsibilities of the Owner and the Contractor for security,maintenance,heat,utilities,damage to the Work and Insurance shall be as follows:The Owner shall be responsible for security,maintenance,heat,utilities,damage to the work and Insurance unless it Is a punch list or warranty item or repair. AJADocument G704` - 2017 Certificate of Substantial Completion PROJECT:(name and address) CONTRACT INFORMATION: CERTIFICATE INFORMATION: The Press Building-Phase)] Contract For:General Construction Certificate Number:001 549 4d Street Date:10/09/2020 Date:08/10/2022 Port Arthur,Texas 77640 OWNER:(name and address) ARCHITECT:(name and address) CONTRACTOR:(name and address) City of Port Arthur 4A Economic Powers Brown Architecture of Texas, SET EX Facilities&Maintenance,LW Development Corporation LLC 501 Procter Street,Suite 100 2100 Travis Street,Suite 501 1660 South 23 d Street Port Arthur,Texas 77640 Houston,Texas 77002 Beaumont,Texas 77707 The Work identified� below has been reviewed and found,to the Architect's best knowledge,information,and belief,to be substantially compl Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated below is the date established by this Certificate. (Identfjy the Worth or portion thereof that is substantially complete.) The entire two-story building of approximately forty-three thousand(43,000)square feet Powers Brown Architecture of Texas, A LW Akit4k-�`tµ 7/29/2022 ARCHITECT(Finn Name) SIGMA PRINTED E AND 1iTLE DATE OF SUBSTANTIAL COMPLETION WARRANTIES The date of Substantial Completion of the Project or portion designated above is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: (Iden ify warranties that do not commence on the date of Substantial Completion,Vasty,and indicate their date of commencement) No exceptions. WORK TO BE COMPLETED OR CORRECTED A list of items to be completed or corrected is attached hereto,or transmitted as agreed upon by the parties,and identified as follows: (Identify the list of Wont to be completed or corrected) Refrence attached list of items. 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.Unless otherwise agreed to in writing,the date of commencement of warranties for Items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment,whichever occurs first.The Contractor will complete or correct the Work on the list of items attached hereto within thirty(30)days from the above date of Substantial Completion. Cost estimate of Work to be completed or corrected: STBD The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work,insurance,and other items identified below shall be as follows: (Note:Owner's and Contractor's legal and insurance counsel should review insurance requirements and coverage.) The Owner shall be responsible for security,maintenance,heat,utilities,damage to the work and insurance unless it is a punch list or warranty item or repair. The Owner and Contractor hereby accept the responsibilities assigned to them in this Certificate of Substantial Completion: AlA Document 0704e-21117.Copyright® 1963.1a78,1992,2000 and 2017 by The American institute of Architect.All rights reserved, t' As,''ALA,'the AMA Logo,'0704;and'At?.document was produced by AlA software at 09 ET on 08111/2022 under Order No.2114304214 which expires on 03/24/2023,le not for resale,is licensed 1 for one-lime use only,and may only be used In accord nce with the MA Contract Documents•Terms of Service.To report copyright violates e-mail copyright®eic.org. User Notes: (389ADA47) SE EX Facilities& B oa t.0 j�16I J f yea-c FacsjD ..n if f 211/ d.A 2 CONTRACTOR(Than SIGNATURE PRIMED NAME ANiTRLE DATE Name) City of Port Arthur 4A EJ r ,�JQ4t� " U RE N/AND TITLE DATE • AIA Document 0704*-2017.Copyright 9 1983,1978,1992,2000 end 2017 by The Arneriton Inalih8e of Architects.All tights reserved.Tres"Arks um 'naiu n of Awl dtects,""At&,"iho MA Logo,-G704,"and"AAA Coniraci DEizunva s'or cc:Vs,r,-J t_:L:r::i.r:;_ nu,,,-;c,, i,3 m.c,i withgui pamil Jon,This document was produced by AlA software at 09:39:53 ET on 08/112022 under Order No.2114304214 wt ch expires on 0324/2023,Is not for red*Is licensed 2 for onatime use usorir.only,and may only be used In accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e.mlall User Notes: (3B9ADA47) € SETEXt FACILITIES&MAINTENANCE "Strength in Construction" Mailing Address:P.O.Box 20658 PROJECT WARRANTY FOR GENERAL CONSTRUCTION Beaumont, Texas 77720-0658 Physical Address. Whereas, SETEX Facilities and Maintenance, LLC., P.O. Box 20658, Beaumont, Texas 77720-0658, 1660 S.23`d Street 409-842-8181, has performed general construction work on the following project: Beaumont, Texas 77707 The Press Building-Phase II O (409)842-8181 Port Arthur Economic Development Corporation 0 (409)842-2274 P P setex@setexconstruction.com G setexconstruction.com Whereas, Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by the Contract General Contracting Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the Contract Documents. No Asbestos Containing Building Materials or work was provided, installed,furnished or added to the project. Construction Management Now therefore, Contractor hereby warrants said work in accordance with the terms hereof, complying Design Build with terms of Contract with Owner dated OCTOBER 9, 2020 that: Contractor agrees to repair or replace to the satisfaction of the Architect all work that may prove lob Order Contracting defective in workmanship or materials together with all other work which may be damaged or displaced in so doing: abuse, modifications not executed by Contractor, insufficient maintenance, improper operation,or normal wear and tear under normal usage excepted. Facilities Main ten once All repairs or replacements shall have a correction period for nonconforming work equal to the original correction period for nonconforming work as herein stated,dated from the final acceptance of repairs or Commercial replacement. Nothing contained in this paragraph shall be construed to establish a period of limitation with respect to other obligations,which the Contractor might have under the Contract Documents. Industrial THE NONCONFORMING WORK CORRECTION PERIOD IS ONE (1)YEAR, Government STARTING JULY 29, 2022 TO JULY 29, 2023 Healthcare In the event of our failure to comply with the above mentioned conditions within a reasonable time after being notified by writing, we hereby authorize the Owner to proceed with having defects repaired and made good at our expense,and will pay the costs and charges promptly upon demand. Infrastructure In witness thereof, this instrument has been duly executed this )41"1day of Ikcen,6ir, (for Contractor by: Corporate Education Nathan Rive President Performing Arts e r 0— I ' _1-1,)— Notary Public r Historical My Commission Expires: -17-2023 f;,,, LYNIDA CLIFTON °, • A �` �=Notary Public, State of Texas ::•%,N",..#1-'43 Comm. Expires 11-17-2023 '14;°;,;,V Notary ID 11799700 Established 1990 CONTRACTOR'S AFFIDAVIT OF OWNER 0 RELEASE OF LIENS ARCHITECT ❑ CONTRACTOR X AIA Document G706A SURETY 0 (Instructions on reverse side) OTHER 0 TO OWNER: ARCHITECT'S PROJECT NO.: (Name and Address) Port Arthur Economic Development Corporation 501 Procter Street, Suite 100 CONTRACT FOR: Port Arthur, TX 77640 Construction PROJECT: CONTRACT DATED: (Name and address) The Press Building—Phase II October 9, 2020 549 4th Street Port Arthur, TX 77640 STATE OF: Texas COUNTY OF: Jefferson The undersigned hereby certifies that to the best of the undersigned's knowledge,information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor,all Subcontractors,all suppliers of materials and equipment,and all performers of Work,labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: Subcontractor Retainage SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Contractor's release or Waiver of Liens,conditional upon SETEX Facilities&Maintenance, LLC receipt of final payment. PO Box 2065 Beaumont, 77720 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner,accompanied by a list thereof. BY: (Signature of au►horr_ed representative) Nathan Rivers—President LYNIDA CLIFTON (Printed name and title) ;:• 1r =Notary Public,State of Texas zAl••!...:1 Comm.Expires 11-17-2023 Subscribed and sworn to before me on this date:/0_t�-- 1',a„!;,,t`' Notary ID 11799700 Notary Public: At m' `� t My Commission Expires: 11-17-23 CAUTION: You should sign an original AIA document which has this caution printed in red. An AIoriginal assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. mor AlA DOCUMENT G706A • CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS • 1994 011 EDITION • AIA • 01994•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying G706A 1994 violates U.S.copyright laws and is subject the violator to legal prosecution. CONTRACTOR'S AFFIDAVIT OF OWNER ❑ PAYMENT OF DEBTS AND CLAIMS ARCHITECT ❑ CONTRACTOR X AIA Document G706 SURETY ❑ (Instructions on reverse side) OTHER 0 TO OWNER: ARCHI I"k.CT'S PROJECT NO.: (Name and Address) Port Arthur Economic Development Corporation 501 Procter Street, Suite 100 CONTRACT FOR: Port Arthur, TX 77640 Construction PROJECT: CONTRACT DATED: (Name and address) The Press Building—Phase II October 9, 2020 549 4th Street Port Arthur, TX 77640 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 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 reference above for which the Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: Subcontractor Retainage SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Consent of Surety to Final Payment. Whenever Surety is SETEX Facilities&Maintenance, LLC involved, Consent of Surety is required. AIA Document PO Box 20658 G707,Consent of Surety,may be used for this purpose. Beaumont,TX 720 The following supporting documents should be attached hereto if required b'y the Owner. BY: 1. Contractor's Release or Waiver of Liens, conditional upon (Signature of authorize representative) receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors Nathan Rivers—President (Printed name and title) and materials and equipment suppliers, to the extent required by the Owner,accompanied by a list thereof. Subscribed and sworn to before me on this date: )a_I,(as 3. Contractor's Affid *f PP1Pap•r,f T irnc (ATA Dorn ent Notary Public: 4),..t G706A). "y.t,,41 LYNIDA CLIFTON :('• Notary Public,State of Texas My Commission Expires: 11-17-23 23 ° '• 44 Comm. Expires 11-17-2023 „��, Notary ID 117,9700 CAUTION: You should sign an original AIA document which has this caution printed in red. An AIAoriginal assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. — AIA DOCUMENT G706 •CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS IL., 1994 EDITION•AIA • ®1994•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK - ` AVENUE, NW., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying G706-1994 - ` violates U.S.copyright laws and is subject the violator to legal prosecution. eSETEXt CONSTRUCTION CORP. "Strength in Construction" Moiling Address: PROJECT WARRANTY FOR GENERAL CONSTRUCTION P.D.Box 20678 Beaumont, Texas 7 7 720-06 78 Physical Address: Whereas, SETEX Construction Corp., P.O. Box 20678, Beaumont, Texas 77720-0678, 1660 S.23'd Street 409-842-8181, has performed general construction work on the following project: Beaumont, Texas 77707 The Press Building—Phase I O(409)842-8181 Port Arthur Economic Development Corporation el (409)842-2274 P p d0 setex@setexconstruction.com setexconstruction.com Whereas, Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by the Contract General Contracting Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the Contract Documents. No Asbestos Containing Building Materials or work was provided, installed,furnished or added to the project. Construction Management Now therefore, Contractor hereby warrants said work in accordance with the terms hereof, complying Design-Build with terms of Contract with Owner dated FEBRURARY 4,2019 that: Contractor agrees to repair or replace to the satisfaction of the Architect all work that may prove lob Order Contracting defective in workmanship or materials together with all other work which may be damaged or displaced in so doing: abuse, modifications not executed by Contractor, insufficient maintenance,improper+ THE NONCONFORMING WORK CORRECTION PERIOD IS ONE (1)YEAR, Facilities Maintenance STARTING JULY 29, 2022 TO JULY 29, 2023 Commercial In the event of our failure to comply with the above mentioned conditions within a reasonable time after being notified by writing, we hereby authorize the Owner to proceed with having defects repaired and made good at our expense, and will pay the costs and charges promptly upon demand. Industrial "14 In witness thereof, this instrument has been duly executed this )Li day of _ ( or Government Contractor by: Healthcare Nathan Rivers President Infrastructure 4l.rr"l'. to_ CQ �1 Notary Public Corporate My Commission Expires: 11-1 2023 • r,,,,,,� � � LYNIDA CLIFTON o . Education __; . =_Notary Public,State of Texas '.▪8of +':� Comm. Expires 11-17-2023 .r„n,•�` Notary ID 11799700 Performing Arts Historical Established 1990 CONTRACTOR'S AFFIDAVIT OF OWNER 0 RELEASE OF LIENS ARCHITECT ❑ CONTRACTOR X 'VA Document G706A SURETY ❑ (Instructions on reverse side) OTHER 0 TO OWNER: ARCHITECT'S PROJECT NO.: (Name and Address) Port Arthur Economic Development Corporation 501 Proctor Street, Suite 100 CONTRACT FOR: Port Arthur, TX 77640 Construction PROJECT: CONTRACT DATED: (Name and address) The Press Building—Phase I February 4,2019 549 4t Street Port Arthur, TX 77640 STATE OF: Texas COUNTY OF: Jefferson The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor,all Subcontractors,all suppliers of materials and equipment,and all performers of Work,labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: Subcontractor Retainage . SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Contractor's release or Waiver of Liens,conditional upon SETEX Construction Corp. receipt of final payment. PO Box 20678 2. Separate Releases or Waivers of Liens from Subcontractors B Ont, TX 77720 and material and equipment suppliers, to the extent required by the Owner,accompanied by a list thereof. BY: (Signature of authorized representative) _ Nathan Rivers—President ��nt� � (Printed name and title) 4����r�r, a LYNIDA CLIFTON : ' +y Notary Public.State of Texas Subscribed and sworn to before me on this date:IG ,'/ °� Comm.Expires 11-17-20230 ?''4°:$00�` Notary ID 11799700 Notary Public: Minn: p „ My Commission Expires: 11-17-2023 CAUTION: You should sign an original MA document which has this caution printed in red. An AIoriginal assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. mm AIA DOCUMENT G706A • CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS • 1994 I 1 EDITION • AIA • 01994•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying G706A 1994 violates U.S.copyright laws and is subject the violator to legal prosecution. CONTRACTOR'S AFFIDAVIT OF OWNER ❑ PAYMENT OF DEBTS AND CLAIMS ARCHITECT ❑ CONTRACTOR X AIA Document G706 SURETY 0 (Instructions on reverse side) OTHER 0 TO OWNER: ARCHI I'F.CT'S PROJECT NO.: (Name and Address) Port Arthur Economic Development Corporation 501 Proctor Street, Suite 100 CONTRACT FOR: Port Arthur, Texas 77640 Construction PROJECT: CONTRACT DATED: (Name and address) The Press Building—Phase I February 4,2019 549 4th Street Port Arthur, TX 77640 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 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 reference above for which the Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: Subcontractor Retainage SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is (Name and address) involved, Consent of Surety is required. AIA Document SETEX Construction Corp. G707,Consent of Surety,may be used for this purpose. PO Box 20678 B a mont,TX 77720 The following supporting documents should be attached hereto if required by the Owner. BY: 1. Contractor's Release or Waiver of Liens, conditional upon (Signature oJ authorized representative) receipt of final payment. Nathan Rivers—President 2. Separate Releases or Waivers of Liens from Subcontractors (Printed name and tide) and materials and equipment suppliers, to the extent Subscribed and sworn to before me on this date:ARM-2201, required by the Owner,accompanied by a list thereof. Notary Public:A,-ylt , 3. Contractor's Affidav" o se of 4R ume N $ G706A). 31e; "4, Notary Public,State of Texas My Commission Expires: 11-17-2023 Comm.Expires 11-17-2023 ap,°;ll..`S. Notary ID 11799700 CAUTION: You Should sign an original AIA document which has this caution printed in red. An AIAoriginal assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. m AIA DOCUMENT G706 •CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS 1/I 1994 EDITION•AIA • 01994•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject the violator to legal prosecution. G706-1994 SETE CONSTRUCTION CORP. Strength in Construction" Moiling Address: LA License#54937 P.D.Box 20678 December 16 2022 Beaumont,Texas 77720-0678 Mr.Alam Farias Architects Studio 0(409)842-8181 P.O.Box 1854 GI(4091842-2274 Nederland,Texas 77627 *setex@setexconstruction.com setexrnnstruction.com Project: Center for Community and Business Development 549 40 Street•Port Arthur,Texas 77640 Genera!Contracting Subject: "Application for Payment No.32 RET" Construction Management Alam: Design-Build We are submitting one(1)electronic'Original'copy of'Application for Payment No.32 REPdated thru December 30,2022,for the above referenced project Job Order Contracting For clarity purposes the following line-item explanations will apply: Facilities Maintenance This Is the RETAINAGE Invoice Please review attached and process promptly. Commercial industrial Yours very truly, SETEX Cons coon Corp. Government • Healthcare Nathan Rivers President infrastructure a Raft racquet,Jena Bross 1 PA®C Corporate bsSleJ(SET N&yew!Paws Bran Education Performing Arts Historical e- cl 0 el c') Or) 0 0) cp W x N W O00 c0 0 co orno F aa ,r4 Q 0drnrn � rn rn � 0iO ea 0 p 1 N N O) CA 0Q) NI _; d i:., p N G) ac o CA I� N c i w w o IN a N oQo N N N N c0 cc' L iU n m �^) 3 cg W M CO Q .- (CC L 8 r O c ;:iO toC 6 0) col fR/A EA 69 EA rA to*69 69 O d a E z z �- r r� zAco ' '8 w u cn C 1. Q 0_ O w j 1( 4 .:•t: N 60 O f %i.s Ma Z Q U C ' W n' m `` o_ Q a) CD W Q a. w E m � es' 'e. O N Q re Q 2 o o c a) Q O N H c ��r g 1 J it Z H CC d r �„.. v a N 2 ti Q) � vw1- ~ V ag w � � c a o f w � a % us (_ O rnO ° co C 0 W V I- ± o � Q W 'N pm f0 F- r ~ J .-.(� U w CD Z to iv w- o a o = S Zo = -r, c 2 da o v, c z Q o § c cr, co EVJ O -0L_ � C� WZ JyOO c. < O c_rj w : i' V r- 0 as' C J 0 U 0 c (9 tQr V W E F- ~ u) U o a N 7 J N2tF U XzXp d Z IX ...I Z WZ Z I-- b le- w cnao .2 = '_ � Q ° Qa co ywCCc') ( I •.. - _ a U O � co x vCrea► OUWO � WiaD < c 2z Ix m,Qv OZO W � �� _cnOm a s a co E �oa � � c UO) O = �-41 N U rN (64 tncP r- OS COO Uu a ¢ az o �° g aV 8 m U 4) Q a 5 11 0 I- a o c W c to 4 W 2 _ o "' I m 1 . E 0 0 a °' g Q o rn cyc- E . HifE CC sp. Z o a E O W . o . 0 i .e g- i I W co $ Q o g a z c o a g CL 's '° co O o w LLn �o 8 g w a � E .g 8 € .2 Et E g�2� M w O c F- co CI gW � po ' a n EL n C F- g U. co 8 ' W g '5 C¢ a =.er m E a co EE glLo V E g Z Q " 't U) W 7 O 5 i i i g A r8' O did codm O pa y - s ktIES WI -2z Ei U 2 Q W o a:i , .Q .§ c� 8 g .2/ ¢ 0 I a a z 4' , S � ¢ _ m .s FACILITIES&MAINTENANCE 'Strength in Construction" Mailing Address: P.O. Box 20658 Beaumont, Texas 77720-0658 December 19, 2022 O (409)842-8181 Ms. AJ Breneman (409)842-2274 Powers Brown Architecture ® setex@setexoonstnafion_com 2100 Travis Street#501 & setexconstruction.com Houston, Texas 77002 General Contracting Project COPA The Press Building Community Center for the Business Development Subject: "Revised Application for Payment No. 20 RET" Job Order Contracting Job Order Contract Facilities Maintenance Dear Ms. Breneman, We are submitting one (1) electronic original copy of"Application for Payment No. Commercial 20 RET''for the month of December 2022 for the above referenced project. After your review, process payment accordingly. Industrial Respectfully Submitted, SETEX Facili s& Maintenance, LLC Government Healthcare Nathan Rivers President Infrastructure ec: fife Rachel Jacquet,Jane Barnes I PAEDC Corporate Jlm Shell,Brian Shipp/SETEX Aram Ferias I Powers Brown Education Performing Arts Historical t" 0 0 0 0 0 0 CO 0 N O W 0000 00 T 0030 {.' OcocO W 00 t 00)csi 0 al . . , p Q N N O O CO CO CO CD W 0) r.I • �4 g t N NN 0� v � <Y N. o "� � ` d O O O ONNN N N 0 N _J .. . cg Q N �V co 1n T s- s-- 0 T w k - r_ § .1R 0 2 Q) 0 — N cV N N x v' M N T T 0 • E _ }• Q C N N T N T T (I 7 .y 2 7 O O Z I- fA O to tR 64 69 69 K3 Efl !A fA tR t ° 5 r E -8 Z U Z co co an d A i .. N c i Z 0_S .- 0 0 ' m �y c. > N m U _ so 0 ti CCL a .p .O �''er~ 'i+ a p o • a U Z cg •- ,I f '�.r..r ('N k.+ m c a D. m w h v 0o (.4 p ce Q 2 'I g f w s C T ~ 0 Q cA `�' �_ S r OSTD c w a w w IY m t Q U o co c CD c 3 v � � H � w w `� DJ U • V .o P < e 0 ° 0Q05 Ce I oa m U o0 w w 41 z �'v mUo �. wc 3 v ' u a zc� Da `° w c = °° Li m a �' 8 m s c0 .. N wo U .°r � pwZ =, 5 a ao � i V a w co < ouo ci o _I o(,) 0 ot9 � Nw a Hij a U E U .@ 8 EL 20. g — ` � O CO 2L � U 7z _ vacou) wZ - z g w i R r :o . 0 ~ 0 a V` ") 1- Uhl- 0cci) CJIX 0 p U 8' .0 Qcn2 0I c a oo wo w JQDQ c y. < a ¢ e � o coEv OZUH � I- �� vv, Uoov ¢ s ¢ m v wc � o 0 U 3n. cLN2 0 c g � og g� Q mm � g'ff co er . � g1 i� Z 0 0 0 g of I I W Z 0 0 0 o 2 o 1 # f wag a j m E. Z Z 0 0 sA gW eil Z go000JII Z0 o coo oit Q oo m m a 0 W W `a$ g1 � Lal '6o m G cn _ v , v " O �. m jr. � s c 4 1- 0 0 � 3a EL W g4 w O o g W o I'll °a ti it z Cl) ffi . Q E o U a Q m U gin °� ~ z a a U �` o 2 0 i- igi .\ 1;: liii Q EEf 1-- oo a o. co £ £ cn c E 1 aZ C.) Ni Z Q a m K a Q. toc ca t E 5 1 Cn 8 Q ` t7 U 0 o. C) '3 a r O W # QEi E o C v ch ~ a 0 u" ~ z o 0 o Uc a 0 o < Qq', a a� j y 3 0 0 cc Z Uil U Oo Q m g Q �-- a