HomeMy WebLinkAboutPR 23304: S. 1ST AVENUE ROADWAY RECONSTRUCTION C)
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INTEROFFICE MEMORANDUM
Date: August 17,2023
To: The Honorable Mayor and City Council
Through: Ron Burton;City Manager ("
/
From: John Cannatella,PE,City Engineer lam/
RE: PR 23304: S. 1st Avenue Roadway econstruction—Amend Resolution 23-314 with Elite
Contractors & Equipment, LTD, of Kirbyville, Texas to correct final contract amount.
Project No. ST1P9O-CON.
Introduction:
The intent of this agenda item is to authorize the City Manager to amend Resolution 23-314, for close out
and release retainage,to the corrected final contract amount of$820,029.00.
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.
Pursuant to Resolution 23-314, City Council approved 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 owed retainage in the amount of$41,001.45.
Public Works-Engineering is in receipt of the Final Retainage Payment Application for the amount of
$41,001.45. There were overages associated with the addition of flex base, re-grading ditches and work
"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 amend.docx
associated with the removal of a concrete storm inlet and an 18" storm sewer. Additionally, there was a
deduction for a concrete surface inlet that was not installed. The final contract amount is $820,029.00 as
opposed to the$813,744.00 that was approved pursuant to Resolution 23-314. PR 23304 is being submitted
to amend the final contract amount to$820,029.00. Retainage owed remains $41,001.45.
Budget Impact:
Funds are available in the Capital Improvement Account No. 307-21-053-8517-00-10-000. Project No.
ST1 P90-CON.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR 23304 authorizing the City
Manager to amend Resolution 23-314 to reflect the appropriate final contract amount of$820,029.00 for the
S. 1st Avenue Roadway Reconstruction Project. The retainage of $41,001.45 for Elite Contractors &
Equipment,LTD, of Kirbyville, Texas remains unchanged.
"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.23304
8/17/2023 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
RESOLUTION 23-314 WITH ELITE CONTRACTORS & EQUIPMENT,
LTD, OF KIRBYVILLE, TEXAS, TO REFLECT THE APPROPRIATE FINAL
CONTRACT AMOUNT OF $820,029.00 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, 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
contract date of March 16, 2023 to the new contract completion date of May 1, 2023;
and,
PR No.23304
8/17/2023 mje
Page 2 of 4
WHEREAS, pursuant to Resolution 23-314, City Council approved acceptance of close
out documents submitted from Elite Contractors & Equipment, LTD, of Kirbyville, Texas, along
with the final contract amount of $813,744.00 and the release of retainage in the amount of
$41,001.45; and,
WHEREAS, the Final Retainage Payment Application outlined overages associated with
the addition of flex base, re-grading ditches and work associated with the removal of a concrete
storm inlet and an 18" storm sewer. Additionally, there was a deduction for a concrete surface
inlet that was not installed, see Exhibit A; and,
WHEREAS, the overages and deductions changed the final contract amount of
$813,744.00 to the revised contract amount of $820,029.00; and,
WHEREAS, the amount of retainage owed to Elite Contractors & Equipment, LTD, of
Kirbyville, Texas, is unchanged at $41,001.45; and,
WHEREAS, acceptance of the amendment of Resolution 23-314 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 amend Resolution 23-314
changing the final contract amount to $820,029.00; and,
THAT, the Release of Retainage to be paid to Elite Contractors & Equipment, LTD, of
Kirbyville, Texas, for the amount of $41,001.45 remains unchanged; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
PR No. 23304
8/17/2023 mje
Page 3 of 4
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
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
/0-aR,:foy
Valecia Ti eno Esq. Ronald Burton, CPM
City Attorney City Manager
PR No.23304
8/17/2023 mje
Page 4 of 4
APPROVED AS FOR AVAILABILITY OF
FUNDS:
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Kandy Dani�
Director of Finance
—Ftozelle berts, IT, MEng, MBA, CPM
Director f Pubttc Works
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Clifton Will ems, CPPB
Purchasing Manager
EXHIBIT A
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