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INTEROFFICE MEMORANDUM
Date: October 13,2023
To: The Honorable Mayor and City Council
Through: Ron Burton; City Manager
From: Flozelle C.Roberts,EIT MEng,MBA,CPM,Director of Public Worket
Sidewalk Repairs at Various Parks — Close Out Docume is
RE: PR 23394: p , d Release of
Retainage for Boss Construction Services, LLC, of Baytown, Texas. Project No. CD7104-
GRE-OCS
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$7,719.75 for the Sidewalk Repairs at Various Parks submitted by Boss
Construction Services,LLC,of Baytown,Texas. Project No. CD7104-GRE-OCS.
Background:
Pursuant to Resolution 23-199, the City of Port Arthur entered into an agreement with Boss Construction
Services,LLC,of Baytown,Texas,for sidewalk repairs/replacement at Roosevelt Park,Bryan Park and Peoples
Park for the amount of$152,553.00. Pursuant to Resolution 23-422,approved by Council,Change Order No.
1, submitted by Boss Construction Services, LLC, of Beaumont, Texas, increased the original contract amount
of$152,553.00 by $1,842.00 to the new contract amount of$154,395.00 for the addition of conduit at Peoples
Park.
Public Works-Engineering has received Close Out Documents from Boss Construction Services, LLC,
of Baytown,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,Boss Construction Services,LLC, of Baytown,
Texas, is asking for release of retainage in the amount of$7,719.75.
Budget Impact:
Funds are available from the Parks Project Account No. 105-13-033-5470-00-40-000. Project No.
CD7104-GRE-OCS.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR23394 authorizing the City
Manager to accept Close Out Documents and release the retainage in the amount of$7,719.75 for Boss
Construction Services,LLC, of Baytown,Texas regarding the Sidewalk Repairs at Various Parks 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
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2023\PARK SIDEWALKS\Closeout Documents\Agenda Memo Parks Sidewalks.docz
PR No. 23394
10/13/2023 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
CLOSE OUT DOCUMENTS SUBMITTED BY BOSS CONSTRUCTION
SERVICES, LLC, OF BAYTOWN, TEXAS AND APPROVE THE RELEASE
OF RETAINAGE IN THE AMOUNT OF $7,719.75 FOR THE SIDEWALK
REPAIRS AT VARIOUS PARKS PROJECT. FUNDING IS AVAILABLE IN
THE PARKS PROJECT ACCOUNT NUMBER 105-13-033-5470-00-40-
000. PROJECT NO. CD7104-GRE-OCS.
WHEREAS, the Parks and Recreation Department sought opportunities to repair/replace
sidewalks at various parks around the City and selected Roosevelt Park, Peoples Park and Bryan
Park for renovation; and,
WHEREAS, funds became available from the Keep the City Clean Program and the
Community Development Block Grant (CDBG) in the Grants Management Division; and,
WHEREAS, the Parks and Recreation Department requested that these funds be utilized
to complete an engineering and design project for parks targeted for sidewalk improvements;
and,
WHEREAS, pursuant to Resolution No. 23-199, the City of Port Arthur entered into an
agreement with Boss Construction Services, LLC, of Baytown, Texas, for sidewalk
repairs/replacement at Roosevelt Park, Bryan Park and Peoples Park for the amount of
$152,553.00; and,
WHEREAS, pursuant to Resolution No. 23-422, Change Order No. 1, submitted
by Boss Construction Services, LLC, of Baytown, Texas, was approved by Council for labor
and materials associated with burying 105 feet of conduit at Peoples Park for the lump
sum amount of $1,842.00; and,
PR No.23394
10/13/2023 mje
Page 2 of 4
WHEREAS, Change Order No. 1 increased the original contract amount of
$152,553.00 by $1,842.00 to the new contract amount of $154,395.00; and,
WHEREAS, Boss Construction Services, LLC, of Baytown, Texas, has submitted the
Certificate of Substantial Completion dated July 28, 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% of the work completed and billed, the
Release of Retainage has been submitted by Boss Construction Services, LLC, of Baytown, Texas
for the amount of $7,719.75, see Exhibit E; and,
WHEREAS, Boss Construction Services, LLC, of Baytown, 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 July 28, 2023 (Exhibit A), the Contractor's Certificate
PR No. 23394
10/13/2023 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
Sidewalk Repairs at Various Parks Project; and,
THAT, the Release of Retainage be paid to Boss Construction Services, LLC, of Baytown,
Texas, for the amount of $7,719.75; 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. 23394
10/13/2023 mje
Page 4 of 4
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
4,— \ c•-z,vr-,:oi,
' 4cia Tizeno, Esq. 4 faNN Ron Burton, CPM
City Attorney v` City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
\<) C )1c)v ,
Kandy Daniet
Director of Finance
F ell( eots, n , MBA, CPM
Direct f Publi Works
t)c-lAsjlte-
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: a2✓ —l`C, r
Project Name: S,dc4,laal A, fee pa;rs At Vetr1'u ors Po.rKs
Contractor: 3S5 n,S+ric t an - rJkccs
Description of Work: Zp lac t S�Zte�.r•.�Ks c. r „' IK6ufc�/vii 1n.X Rapti c,L 1 J<
The work performed undere this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as July .2114 0103
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 CON IRACTOR 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 Contract Documents the CONTRACTOR is responsible for
maintenance,utilitiesand insurance.
Ire> aieciA ECG
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 Public
Works.
PROJECT MANAGER SIGNATURE DATE
J C4elne., e qi//8/ 3
ENGINEER SIG D
n x
PUBLIC WORKS DIRECTOR IGN TURE D T
ENGINEER'S CERTIFICATE OF COMPLETION
Project: a1. M S,�/ l� Q..rj .�� Pi r/it),J Poe 1 ,€c /
Date of Issuance:
Owner(s): City of Port Arthur
Owner's Project Number:
Engineer:
Contractor: g,1f 6 js h,.. �/•uJ
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or
to the following specified parts thereof:
To: City of Port Arthur
(OWNER)
And To: O'
(ENG
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor and Engineer, and that Work is hereby declared to be complete in accordance
with the Contract Documents on .14
0/0.2 7
DATE OF COMPLETION
Executed by Engineer on
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: (6(),SS (11Vtf�r✓t AM. j,u lcd Z.LC
(Name of Contractor)
TO: C►l-, of ?o(-1 /9rfL c
(Owner)
REFERENCE CONTRACT NO.: 073_199
CONTRACT ENTERED INTO THE (?`,s[ DAY OF /1147 BETWEEN THE
CITY OF PORT ARTHUR AND nS f/uf ]ab.. , e-V a 4eS L L C
OF � j Tx
FOR THE PROJECT S-4w..t K ��ars �.'} yYPt bU j gr -L envc:f-
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
$ '77tg.7S' •
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.
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 ,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 1 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 �`i day of
r ,202, 3
.S ion -fi„,71 , -Cr,i;.,;_f LLB
{SEAL} (Contractor)
BY:--gen
(Signature)
3SS .te4k., /Own zr
(Printed Name/Title of Officer)
.)G:c't. ,being first duly sworn on oath,deposes and says,First,that,he/she is the
( ant)
Gwnv of Cv„sli 114, 'nv;uc LLC, ,
(Title) (Name of Company) J
Second,that he/she has read the foregoing certificate by him/her subscribed as Me,,,,,,,-e,-
(Title) `1
of &G f Coo.4,4r e,.. Cica,:c c.1)L LC
(Name of Company)
Affiant further states that the matters and things stated herein are true.
__._
(A -s
ffiant)
Subscribed and sworn to before me this S fi day of �G i""U be 4- ,204
My commission expires y 1 -7 l 2-7
cllu
k...,..,,,2, ta..,j'--'
,poi.( yet,; STEFFANI BURT NOTAR�
:: 'tea Notary Public,State of Texas
3�„...',9i Comm.Expires 04-07-2027
.'''i:ir:—ss Notary ID 12635754-7
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: ,J "zit ;- rc/iGGJ
/� / /f 1/ (Name of Contractor)
TO: (�, �� �� A/ /�%S�
7 ?? G (Owner)
REFERENCE CONTRACT NO.: �✓— /5
CONTRACT ENTERED INTO THE OW DAY OF /v1a 7 BETWEEN THE
CITY OF PORT ARTHUR AND er- ,rf f arecJJ7(
OF OQ.S, 6.1.. vc'}1 Se-4/4 GG,
FOR THE PROJECT Stet kidlr fair. A/ ViViif) g•tr4 g z�/T—
c
KNOW ALL MEN BY THESE PRESENTS:
1.) kJ 6,:jirtre4; Sew/� 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 rtificate is given in connection with the final payment under the contract between the Owner and
(2,.JA-+•c rili.; St„,,, ,and with the knowledge that it will be relied upon in
,e_cip
(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 d,3 e1 day of
?3
4dy cAiL dap , 20
J cA5/;.4..... _cerdieci
{SEAL} (Contractor)
BY:
Signature)
&I. I rD5Vct47e Ci,,nc.-
(Printed Name/Title of Off c r)
1-Warranty
✓,c-4'�t ,being first duly sworn on oath, deposes and says,First,that,he/she is the
(/1Lf
anm)
of �J (2,xJiINc i1a'_ dcrtllGct
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as n ,-
(Title)
of gars 64.J ,1) •
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this oZ 3 r) day of ?T U o U S ,202-f
My commission expires `7 ( 7 /2 7
:71"*��p i# ; STEFFANI BURT
Notary Public,State of Texas
r Comm.Expires 04-07-2027 NONitAA2-951,1A±--
.fili
'',""tOF *+s' Notary ID 12635754-7
2-Warranty
EXHIBIT D
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: .1f-/ cJlr 4414ft f1+0x.06 G,� li�r',cw 41s fallf
Location: Port Arthur, Texas
Owner: City of Port Arthur
County of Jefferson
State of Texas
The undersigned hereby certifies that, except as listed below, all previous progress payments
received on account of the Work, have been applied on account to discharge Contractor's
legitimate obligations associated with prior Applications for Payment.
Exceptions: NONE
Signature: A
ZT7
Print: &do:, �.�. ,
Date: cf./2.?/o?3
Sworn to and subscribed to me, a
r 23
Notary Public,this 2-3 day of 4-V U S (- , 201
I-;rt" J :�PaV nee; STEFFANI BURT
(Notary Public) * , Notary Public,State of Texas
;,�� ✓� ,•P Comm.Expires 04-07-2027
1 -, 7-Z •',�eofi�+ Notary ID 12635754-7
My Commission Expires: `� I
EXHIBIT E
INVOICE
Boss Construction Services!LC bossebossconstructionservices.net
5808 Sylvia Lit +1(281)628.8845
Baytown,TX 77523 bossconatructtonservicos.nat BOSS
CONSTRUCTION
City Of Port Authur
BIB to
Jotin Cannateta
P.O.Box 1089
Port Authur.Tx 77841
Invoke details
Invoice no.. 1018
Terms:Net 30
Invoice date:10/12/2023
Due data:11/11/2023
Product or service $KU Qty Rate Amount
invoice all q1 $7,719.75 $7,719.75
5%Manage for Sidewalk repairs at various parks
Ways to pay Total $7,719.75
WINE=
ID I/O
10/ 1 7(23
/0/%/ 23
D3b # IU5- I3_033 - 5`-170 - 60 - qo -000
112oJecr# CD 1104 . Cute. Oc S
ex/NI Cr - 23 -(Rcj
EXHIBIT F
Cal of
ort rthur `"—
Tezas
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: October 13, 2023
Project: Sidewalk Repairs at Various Parks Project
CD7104-GRE-OCS
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on July 28,2023 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:
/6 /OAZ3
Floze le . erts,EI ng, M A, CPM Date
Director of u lic Wo
"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...
SIDEWALK REPAIRS AT VARIOUS PARKS
PROJECT NO. CD7104-GRE-OCS
To: Boss Construction Services, LLC,of Baytown,Texas
This document is to certify that the City of Port Arthur, Texas accepts the completion of the
Sidewalk Repairs at Various Parks Project based on 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 Boss Construction Services, LLC,of Baytown, Texas.
Ron Burton, CPM Date
City Manager
Sherri Bellard Date
City Secretary