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Home My WebLink AboutPR 23027: S. 1ST AVENUE ROADWAY RECONSTRUCTION 0 City of - vk , z2) nrt rtlt« — www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 21,2023 To: The Honorable Mayor and City Council Through: Ron Burton; City Manager From: John Cannatella,PE, City Engineer RE: PR 23027: S. 1st Avenue Roadway Re struction—Close Out Documents, and Release of Retainage for Elite Contractors & Equipment, LTD, of Kirbyville, Texas. Project No. ST 1 P90-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 $41,001.45 for the S. lst Avenue Roadway Reconstruction Project submitted by Elite Contractors&Equipment,LTD,of Kirbyville,Texas. Background: Pursuant to Resolution No.22-317,City Council approved entering into an agreement with Elite Contractors & Equipment, LTD, of Kirbyville, Texas, for the South 1st Avenue Roadway Reconstruction Project in Sabine Pass, Texas for the amount of$782,887.00. Pursuant to Resolution No. 23-107, Change Order No. 1 was approved by Council increasing the original contract amount of$782,887.00 by $30,857.00 to the new contract amount of$813,744.00 for the removal and replacement of the entry gate at the Sabine Pass Port Authority (SPPA) due to Homeland Security Regulations that required the facility to be secured at all times. Pursuant to Resolution No.23-108,Change Order No.2 was approved by Council to add an additional forty- five (45) calendar days to the contract amending the original contract date of March 16, 2023 to the new contract completion date of May 1,2023. Public Works-Engineering has received Close Out Documents from Elite Contractors & Equipment, LTD, of Kirbyville, Texas, that includes the Certificate of Substantial Completion establishing completion as of April 20, 2023, the Contractor's Certificate and Release, the Contractor's Certificate of Warranty, and the Contractor's Certificate of Debts Paid. Additionally, Elite Contractors & Equipment,LTD,of Kirbyville,Texas is asking for release of retainage in the amount of$41,001.45. "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 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2022\South 1st.Ave.Sabine Pass Project\Closeout Documents\Agenda Memo S 1st AVE.docx Budget Impact: Funds are available in the Capital Improvement Account No. 307-21-053-8517-00-10-000. Project No. ST 1 P90-CON. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR 23027 authorizing the City Manager to accept the Close Out Documents and release the retainage in the amount of$41,001.45 for Elite Contractors & Equipment, LTD, of Kirbyville, Texas regarding the S. 1 St Avenue Roadway Reconstruction Project. "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. 23027 7/20/2023 mje Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE OUT DOCUMENTS SUBMITTED BY ELITE CONTRACTORS & EQUIPMENT, LTD, OF KIRBYVILLE, TEXAS AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF $41,001.45 FOR THE S. 1ST AVENUE ROADWAY RECONSTRUCTION PROJECT. FUNDING IS AVAILABLE IN THE CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-21-053-8517-00-10-000. PROJECT NO. ST1P9O-CON. WHEREAS, the Sabine Pass Port Authority (SPPA) received grant funding through the Texas Department of Transportation (TxDOT) from the State of Texas' General Appropriations Act, Rider 37, for the reconstruction of S. 1st Avenue from Mechanic Street to its entrance gate; and, WHEREAS, pursuant to Resolution 22-317, the Port Arthur City Council authorized the City Manager to enter into an agreement with Elite Contractors & Equipment, LTD, of Kirbyville, Texas for the S. 1st Avenue Roadway Reconstruction Project for the amount of $782,887.00; and, WHEREAS, Pursuant to Resolution No. 23-107, Change Order No. 1 was approved by Council increasing the original contract amount of $782,887.00 by $30,857.00 to the new contract amount of$813,744.00 for the removal and replacement of the entry gate at the Sabine Pass Port Authority (SPPA) due to Homeland Security Regulations that required the facility to be secured at all times; and, WHEREAS, pursuant to Resolution No. 23-108, Change Order No. 2 was approved by Council to add forty-five (45) calendar days to the contract amending the original PR No. 23027 7/20/2023 mje Page 2 of 4 contract date of March 16, 2023 to the new contract completion date of May 1, 2023; and, WHEREAS, Elite Contractors & Equipment, LTD, of Kirbyville, Texas, has submitted the Certificate of Substantial Completion dated April 20, 2023 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/c of the work completed and billed, the Release of Retainage has been submitted by Elite Contractors & Equipment, LTD, of Kirbyville, Texas, for the amount of $41,001.45, see Exhibit E; and, WHEREAS, Elite Contractors & Equipment, LTD, of Kirbyville, Texas, has completed the contracted project to the satisfaction of the Public Works Director and the City Engineering staff, see Exhibit F; and, WHEREAS, 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 hereby accept the Certificate of Substantial Completion dated April 20, 2023 (Exhibit A), the Contractor's Certificate PR No. 23027 7/20/2023 mje Page 3 of 4 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 S. 1st Avenue Roadway Reconstruction Project; and, THAT, the Release of Retainage be paid to Elite Contractors & Equipment, LTD, of Kirbyville, Texas, for the amount of $41,001.45; 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. 2023 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartle Mayor PR No. 23027 7/20/2023 mje Page 4 of 4 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Lidrdilt. Valecia Ti eno, Esq. Ron Burton, CPM City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy Daniel' Director of Finance I., r6-zdAh-etki Flozelle Roberts, EIT, MEng, MBA Director of Public Works 64b4tu IL, Clifton Williams, CPPB Purchasing Manager EXHIBIT A CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.: Project Name: Roadway Reconstruction South 1st Ave Sabine Pass Texas Contractor: Elite Contractors and Equipment Description of Work: Reconstruction of roadway between Granger Street to Sabine Pass Port Aurthority, Including intersections. The work performed under this contract has been reviewed and found to be substantially complete. The date of substantial completion is hereby established as April 20,2023. 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 hereto 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 hereto. If not specified in an attachment or in the Contract Documents the CONTRACTOR is responsible for maintenance, utilities and insurance. Elite Contractors and Equipment / — P,c 3 CONTRACTOR NAME SIGNATURE DA RECOMMENDED FOR ACCEPTANCE ENGINEER NAME SIGNATURE DATE The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur, Department of Public Works. PROJECT MANAGER SIGNATURE DATE Jodi Cc,416t ,rllu. 7142 .2 CITY ENGINEER SIG T RE DATE j - 4 -i'e)1y/y ,7,// 'C3 PUBLIC WORKS DIRECTO SIGNATURE DAT� EXHIBIT B CONTRACTOR'S CERTIFICATE AND RELEASE FROM.: Elite Contractors and Equipment (Nome of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 22-317 Project#ST1-P90-CON Acc#307-21-053-8517-00-10-000 CONTRACT ENTERED INTO THE 10th DAY of August 2022, between THE City of Port Arthur and Elite Contractors and Equipment FOR THE: Roadway Reconstruction South 152 Ave Sabine Pass KNOW BY ALL: 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$41,001.45 . 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. NONE 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 1-2-3 ,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 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 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 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 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 of the Owner and Operator may request. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this_21st_day of _July , 2023. (SEAL) Elite Contractors and Equipment (Contractor) BY: (Signature and R of Officer) T.J. Pilgrim, being first duly sworn on oath,deposes and says,first,that he is the (Affiant) Project Manager of Elite Contractors and Equipment,second,that he has read the foregoing certificate by him (Title) (Name of Company) subscribed as Project Manager of Elite Contractors and Equipment. (Name of Company) Affiant further states that the matters and things stated herein are true. ' .-''7":17.--P1)i../----- (Affiant) 2c2 3 Subscribed and sworn to before me this I day of V_ T. My commission expires fQ Jai JD5 . ` 1/ (Notary) Monica Ann Kelley ► t My Commission Expires �'/* Notary IDS ► 133405420 0 EXHIBIT C CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: Elite Contractors and Equipment (Name of Contractor) TO: City of Port Arthur (Owner) REFERENCE CONTRACT NO.: 22-317 Project#ST1-P90-CON CONTRACT ENTERED INTO THE 8th DAY OF August 2022 , BETWEEN THE City of Port Arthur,Texas AND Elite Contractors and Equipment FOR THE Roadway Reconstruction South 1'Ave Sabine Pass KNOW ALL MEN BY THESE PRESENTS: 1) Elite Contractors and Equipment,does hereby guarantee all of the work done under the above (Contractor) 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 male 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,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 Elite Contractors and Equipment, 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 April, 2023. SEAL Elite Contractors and Equipment (Contractor) BY: • (Signature and Title of 0 air) T.J. Pilgrim being first duly sworn on oath,deposes and says, first, (Affiant) That he is the Project Manager of Elite Contractors and Equipment, second,that he has read the (Title) (Name of Company) foregoing certificate by him subscribed as Project Manager of Elite Contractors and Equipment . (Name of Company) Affiant further states that the matters and things stated herein are true. -'— -1-- i --C----- (Affiant) c ' 7�'z3 Subscribed and sworn to before me this 91-- day of 'i 24311. My commission expires f)Jai I at .5 11 Lit_ Notary) t Monica Ann Kelley * MY Commission Hxpires ,%� 10/21/2025 Notary ID 133405420 EXHIBIT D CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT:#ST1-P90-CON #22-317 Roadway Reconstruction South 1'Ave Sabine Pass LOCATION: Sabine Pass,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 material 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 referenced above for which the Owner's property might in any way be held responsible or encumbered. Exceptions: none Contractor: Elite Contractors nd Equi ment Kirbyville , Texan-- Signature: Printed Name: T.J. Pilgrim Date: 7/21/23 Subscribed and sworn to before me this day of J u l , 2023 My Commission expires 1 O I D I I cl o (Notary) f 1 '.i e — o "tttJJJ a • Monica Ann Kelley My Commission Expires rl�]G' r 10/21/2025 4 /� 133 Note40ry 20ry io EXHIBIT E = t 8888888888888888888888888888885 g§ o §§1`Ekigs"s^N s:§§§§§§U..E°a g8 88888888m 88o888.888.888 888888p 8$ e � ^ m§§ m^ M" 1 1 2Y:- 3X ?- a 21 ~8888888888888888888888888888888 2 ;la 't t ! 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E E.^�L.. ro I IS c n c ,2,321 =dSt "fsi€ 1111 �ga�wd1,a iamAs23i!, e c Ik4CC. v s 88o181888§88$S$8888g8888o0188 EXHIBIT F f of J t_al of ro" urt rthnr 7c.kaS www.PortArthurTx.gov CERTIFICATE OF COMPLETION Date: July 21, 2023 Project: S. lst Avenue Roadway Reconstruction Project ST 1 P90-CON To: All Concerned I HEREBY CERTIFY THAT this project was completed on April 20,2023 and that the work was under periodic inspection during construction by the 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: // 42' -ee4't Flozelle C. Roberts,EIT, MEng, MB• 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 G CITY OF PORT ARTHUR, TEXAS DEPARTMENT OF PUBLIC WORKS CERTIFICATE OF ACCEPTANCE FOR... S. 1"AVENUE ROADWAY RECONSTRUCTION PROJECT ST1P9O-CON To: Elite Contractors and Equipment, LTD of Kirbyville, Texas This document is to certify that the City of Port Arthur,Texas accepts the completion of the S. 1st Avenue Roadway Reconstruction 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 Elite Contractors and Equipment of Kirbyville, Texas. Ron Burton, CPM Date City Manager Sherri Bellard Date City Secretary