HomeMy WebLinkAboutPR 23436: SABINE PASS BOAT RAMP IMPROVEMENT City of .:i -1
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: December 1,2023
To: The Honorable Mayor and City Council
Through: Ron Burton; City Manager
From: Flozelle C.Roberts,EIT,MEng,MBA,CPM,Director of Public Work i
RE: PR 23436: Sabine Pass Boat Ramp Improvement— Close Out Docu ents, and Release of
Retainage for Elite Contractors & Equipment, LTD, of Kirbyville, Texas. Project No.
P0007-CON and ARP013.
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 $107,129.70 for the Sabine Pass Boat Ramp Improvement Project
submitted by Elite Contractors&Equipment,LTD,of Kirbyville,Texas.
Background:
The Texas Parks& Wildlife Department(TPWD)has dedicated$1,000,000.00 by way of a grant, from the
Hurricane Harvey Fisheries Disaster Relief Grant Program for the reconstruction of the Sabine Pass Boat
Ramp. Pursuant to Resolution No. 20-425, Port Arthur City Council agreed to participate and accept the
grant funding of$1,000,000.00 for the reconstruction of the Sabine Pass Boat Ramp.
Pursuant to Resolution 22-450, the Port Arthur City Council authorized the City Manager to enter into an
agreement with Elite Contractors & Equipment, LTD, of Kirbyville, Texas, for the reconstruction of the
Sabine Pass Boat Ramp for the $2,132,929.00,and a time of completion of 270 calendar days;
Pursuant to Resolution 23-423, City Council approved Change Order No. 1, submitted by Elite Contractors
&Equipment,LTD, of Kirbyville, Texas, for the installation of a monument slab and electrical conduit for
an artificial reef marker and the application of protective coal tar epoxy at the mudline for the amount of
$74,723.00 amending the contract amount of$2,132,929.00 to the new contract amount of$2,207,652.00.
Pursuant to Resolution No. 23-466, Change Order No. 2 was approved by Council for the modification of
the Fish Cleaning Station, the addition of rubber bumpers, the removal of concrete curbs and gutters, and
the removal of Alternates 1 and 2 for a deduction to the contract of$65,058.00. Change Order No.2 reduced
the contract amount of$2,207,652.00 by$65,058.00 to the new contract amount of$2,142,594.00.
"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\Sabine Pass Boat Ramp\Closeout Documents\Agenda\Agenda Memo SP Boat Ramp.docx
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 September 7, 2023, the Contractor's Certificate and Release, the Contractor's
Certificate of Warranty,the Contractor's Certificate of Guarantee,and the Contractor's Affidavit of All
Debts Paid. Additionally,Elite Contractors&Equipment,LTD,of Kirbyville,Texas,is asking for release
of retainage in the amount of$107,129.70.
Budget Impact:
Funding is available in the Capital Improvements Project Account 152-60-415-8525-00-00-000;Project
No. PR0007-CON; and American Rescue Plan Act (ARPA) Account 169-07-015-8525-00-40-000,
Project No. ARP013.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR 23436 authorizing the City
Manager to accept the Close Out Documents and release the retainage in the amount of$107,129.70 for
Elite Contractors & Equipment, LTD, of Kirbyville, Texas, regarding the Sabine Pass Boat Ramp
Improvement 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.23436
11/30/2023 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 $107,129.70 FOR THE
SABINE PASS BOAT RAMP IMPROVEMENT PROJECT. FUNDING IS
AVAILABLE IN THE CAPITAL IMPROVEMENTS PROJECT ACCOUNT
152-60-415-8525-00-00-000; PROJECT NO PR0007-CON; AND
AMERICAN RESCUE PLAN ACT (ARPA) ACCOUNT 169-07-015-8525-
00-40-000, PROJECT NO. ARP013.
WHEREAS, the Texas Parks &Wildlife Department (TPWD) has dedicated $1,000,000.00
by way of a grant, from the Hurricane Harvey Fisheries Disaster Relief Grant Program for the
reconstruction of the Sabine Pass Boat Ramp; and,
WHEREAS, pursuant to Resolution No. 20-425, City Council agreed to participate and
accept the grant funding of$1,000,000.00 for the reconstruction of the Sabine Pass Boat Ramp;
and,
WHEREAS, pursuant to Resolution 22-450, the Port Arthur City Council authorized the
City Manager to enter into an agreement with Elite Contractors & Equipment, LTD, of Kirbyville,
Texas, for the reconstruction of the Sabine Pass Boat Ramp for the $2,132,929.00, and a time
of completion of 270 calendar days; and,
WHEREAS, pursuant to Resolution 23-423, City Council approved Change Order No. 1,
submitted by Elite Contractors & Equipment, LTD, of Kirbyville, Texas, for the installation of a
monument slab and electrical conduit for the artificial reef marker and the application of
protective coal tar epoxy at the mudline for the amount of $74,723.00 amending the contract
amount of $2,132,929.00 to the new contract amount of $2,207,652.00; and,
PR No. 23436
11/30/2023 mje
Page 2 of 4
WHEREAS, pursuant to Resolution 23-466, City Council approved Change Order No. 2,
submitted by Elite Contractors & Equipment, LTD, of Kirbyville, Texas, for the modification of
the Fish Cleaning Station, the addition of rubber bumpers, the removal of concrete curbs and
gutters, and the removal of Alternates 1 and 2 that reduced the contract of $2,207,652.00 by
$65,058.00 to the new contract amount of $2,142,594.00; and,
WHEREAS, Elite Contractors & Equipment, LTD, of Kirbyville, Texas, has submitted the
Certificate of Substantial Completion dated September 7, 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), the
Contractor's Certificate of Guarantee (Exhibit D); and the Contractor's Affidavit of Debts Paid
(Exhibit E); and,
WHEREAS, the retainage for the project is 5% 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 $107,129.70, see Exhibit F; 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 G; 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,
PR No. 23436
11/30/2023 mje
Page 3 of 4
THAT, the City Council hereby authorizes the City Manager to hereby accept the
Certificate of Substantial Completion dated September 7, 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), the
Contractor's Certificate of Guarantee (Exhibit D); and the Contractor's Affidavit of Debts Paid
(Exhibit E); 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 H) for the completion of the
Sabine Pass Boat Ramp Improvement Project; and,
THAT, the Release of Retainage be paid to Elite Contractors & Equipment, LTD, of
Kirbyville, Texas, for the amount of $107,129.70; 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:
PR No.23436
11/30/2023 mje
Page 4 of 4
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
0,4} (sze
a ecia Tizeno, Esq. Ron Burton, CPM
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
XYZ(ft") 69dW-di
Lynda Boswell
Director of Finance
zelle R rts, EIT;'M ng, MBA, CPM
Director f ublic Wbrks
Clifto Williams, CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: 22-450
Project Name:_Sabine Pass Boat Ramp Improvement Project
Contractor: Elite Contractors and Equipment
Description of Work:_Boat Ramn and bulk head reconstruction with fish cleaning station.
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as 9/7/2023 .
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 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 Contract Documents the CONTRACTOR is responsible for
maintenance,utilities and insurance. /J��
Elite Contractors and Equipment LTD ( � C 9/19/23
CONTRACTOR NAME SIGNATIVRE DATE
RECOMMENDED FOR ACCEPTAN
,Daniel Dotson,P.E. Cv'" 09-19-2023
ENGINEER NAME SIGNATURE'' DATE
The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur,Department of Public
Works.
Cody Ellis Ce4,C -1- 9/19/23
PROJECT MANAGER SIGNA URE DATE
_ 334? 3
ENGINEER SIGNA DATE
PUBLIC WORKS DIRECTOR RE DATE
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Elite Contractors and Equipment LTD
(Name of Contractor)
TO:City Of Port Arthur
(Owner)
REFERENCE CONTRACT NO.:
CONTRACT ENTERED INTO THE 1st DAY OF November BETWEEN THE
CITY OF PORT ARTHUTR AND Elite contractors and Equipment LTD
OF Kirbyville,Texas
FOR THE PROJECT Sabine Pass Boat Ramp improvements
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 couti act and duly approve Change Orders and modification the balance of
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 1e2 ,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 day of
SQ-ete 1\QA;'1- ,2023.
Elite Contractors and Equipment LTD
{SEAL} (Contractor)
BY:
( gna re)
Cody Ellis Project Manager
(Printed Name/Title of Officer)
\>ce C k Sa Lam\S .being first duly sworn on oath,deposes and says,First,that,he/she is the
(.4ffrant)
lyres;ae_ � of Elite Contractors and Equipment LTD
(Title) (Name of Company)
Second.that he/she has read the foregoing certificate by him/her subscribed as Prt;i e L� i"AG0:ye
(Title)
of Elite Contractors and Equipment LTD
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(
Subscribed and sworn to before me this ca day of SQ.PtC YY'`L2 C ,2023.
My commission expires 101 a a 1 ace. �"
Monica Ann Kelley ` I'd-
iLc&OTARY
*,, + 10/21/2025
\.} Notary ID
t4 \.; 133405420
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: Elite Contractors and Equipment LTD
— _ (Name of Contractor)
TO:City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.:
CONTRACT ENTERED INTO THE 1st DAY OF Novmember BETWEEN THE
CITY OF PORT ARTHUR AND Elite Contractors and Equipment LTD
OF Kirbyvillle,Texas
FOR THE PROJECT Sabine Pass Boat Ramp Improvements
KNOW ALL MEN BY THESE PRESENTS:
1.) Elite Contractors and Equipment LTD 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
Elite Contractors and Equipment LTD ,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 e a day of
Secr-emker .2023.
Elite Contractors and Equipment LTD
{SEAL} (Contractor)
Monica Ann Kelley
l * My Common
Ex free 133:074D
BY: /
(Signature)
Cody Ellis Project Manager
(Printed Name/Title of Officer)
1-Warranty
Rr~°c Sculls .being first duly sworn on oath,deposes and says,First,that,he/she is the
(Affiant)
Rest-di e_►it of Bite Contractors and Equipment LTD
(Title) (Name of Company)
Second.that he/she has read the foregoing certificate by him/her subscribed as Project Manager
(Title)
of Elite Contractors and Equipment LTD
(Name of Company)
Affiant further states that the matters and things stated herein are true.
Subscribed and sworn to before me this aa day of Sepl-m h2 ,2023.
My commission expires joia( /.c5
11)16-1,(4:at- eakata
Monica Ann Keuey NOTARY
My commieslon Expires
tr r 10/21/2025
Notary ID
,� w 133405420
2-Warranty
EXHIBIT D
CON'I'RACTOR'S CERTIFICATE OF GUARANTEE
FROM: Elite Contractors and Equipment LTD
TO: City of Port Arthur
FOR: Sabine Pass Boat Ramp Improvements
REFERENCE CONTRACT NO. ENTERED INTO THE 1St
DAY OF November , 2023,BETWEEN THE CITY OF PORT ARTHUR
AND Elite Contractors and Equipment LTD
(CONTRACTOR)
OF Kirbyvillle, Texas
(CITY/STATE)
FOR: Sabine Pass Boat Ramp Improvements
(PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
l Elite Contractors and Equipment LTD does hereby guarantee all of the work done under the
above referenced contract to be free from faulty materials in every particular, and free
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 require 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 Engineer's Certificate of Completion.
IN WITNESS THEREOF,the undersigned has signed and sealed this instrument this the
as day of S R,4-e lm\GC r ,2023.
Elite Contractors and Equipment LTD
(COMPANY NAME)
(OWNER,SIGNATURE/TITLE)
Breck Sauls
(PRINT)
SUBSCRIBED AND SWORN to before me this a- day of 'e p I e vY1 !' e.r
2023.
My commission expires I D a 7 a.�j a s
(DA�)
Ql , F.rr.i► Monies Ann Kelley
,. My Commloslon Expires (NOTARY PUBLIC)
+ 10/21/2025
/�� Notary ID
133405420
EXHIBIT E
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: Sabine Pass Boat Ramp Improvements
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: 0,
Print: Cody Ellis
Date: 9/22/23
Sworn to and subscribed to me,a
Notary Public,this as day of &from ,2023.
(Notary Public)
Monica Ann Kelley
Cc-: r;4ion Expires
My Commission Expires: j Q j »::.csa~I";/a Ja Da j :o
EXHIBIT F
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EXHIBIT G
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www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Date: November 29, 2023
Project: Sabine Pass Boat Ramp Improvement Project
Project Numbers: PR0007 and ARP013
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on September 7, 2023 and that the work was
under periodic inspection during construction by the Public Works Engineering Division's City
Inspector. 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:
dirt ,/ /i
ozelle Roberts, I, MEng, MBA, CPM
Direct • 'Public • s
"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 H
THURMAN BILL BARTIE,MAYOR RON BURTON
TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
WILLIE BAE LEWISi-- CITY SZTARY
KENNETH MARKS o r t r t h u r
THOMAS J.KINLAW III Texas VAL
DONALD FRANK,SR. CITY ATTORNEY
DEPARTMENT OF PUBLIC WORKS
CERTIFICATE OF ACCEPTANCE FOR...
SABINE PASS BOAT RAMP IMPROVEMENT PROJECT
PR0007 AND ARP013
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 Sabine Pass Boat
Ramp Improvement 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 and Release,
Contractor's Certificate of Warranty, Contractor's Certificate of Guarantee, and the Contractor's Affidavit of
All Debts Paid, executed by Elite Contractors and Equipment of Kirbyville, Texas.
Ron Burton, CPM Date
City Manager
Sherri Bellard Date
City Secretary
"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