HomeMy WebLinkAboutPR 23538: CHANGE ORDER PORT ARTHUR TRANSIT'S (PAT) RECONSTRUCTION PROJECT City of Port Arthur
Transit Department
Memorandum
To: Ronald Burton,City Manager
From: Ivan Mitchell,Transit Director
Date: December 22,2023
Re: P.R 23538 —A resolution authorizing the closeout, release of retainage, and change
order approval for Port Arthur Transit's(PAT)Dallas and Ft. Worth Avenue,road
reconstruction project
Nature of Request: Authorize the City Manager to accept the Engineer's Certificate of Substantial
Completion, Contractor's Affidavit of Payment of Debts and Claims, Final Payment Affidavit,
Contractor's Certificate of Warranty,Contractor's Certificate of Substantial Completion,and the release
of retainage in the amount of$30,283.58 to AAA Asphalt Paving,Inc. for Port Arthur Transit's(PAT)
Dallas and Ft.Worth Avenue,road reconstruction project.
Background:Pursuant to Resolution No.23-079,City Council awarded a contract to AAA Asphalt
Paving, LLC. to reconstruct Dallas and Ft. Worth Avenues in the amount not to exceed
$509,352.50. As construction ensued, design and material adjustments occurred resulting in
additional expenses to address underground water utility lines that needed to be removed and
replaced. Pursuant to Resolution No. 23-563, the City Council authorized the City Manager to
execute on behalf of PAT change order No. 1. resulting in a net contract increase of$55,200.00
for a new contract amount of$564,552.50.
During the projects construction AAA had to expense additional sidewalk repairs/replacement,
curb and gutter, drainage pipes, and other materials. These adjustments resulted in change order
No. 2. Pursuant to Resolution No. 23-490, the City Council authorized the City Manager to
execute on behalf of PAT change order No. 2 resulting in a net contract increase of$41,119.14
for a new contract amount of$605,671.64.
Recommendation: It is recommended that the City Council approve proposed P.R. 23538. This
resolution would authorize the City Manager to execute on behalf of PAT the release of retainage
in the amount of$30,283.58 and authorize the Engineer's Certificate of Substantial Completion
for the completion of Port Arthur Transit's (PAT) Dallas and Ft. Worth Avenue, road
reconstruction project.
Budgetary/Fiscal Effect: Funding to pay for this capital project is budgeted in PAT's capital budget.
P.R. No. 23538
12/26/2023 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION, CONTRACTOR'S
CERTIFICATE OF WARRANTY, CONTRACTOR'S AFFIDAVIT OF PAYMENTS OF
DEBTS AND CLAIMS, CONTRACTOR'S CERTIFICATE OF SUBSTANTIAL
COMPLETION, AND FINAL PAYMENT AFFIDAVIT BY AAA ASPHALT PAVING,
INC. OF PINEHURST, TEXAS FOR PORT ARTHUR TRANSIT'S DALLAS AND
FORT WORTH AVENUES ROAD RECONSTRUCTION PROJECT AND
AUTHORIZING THE CITY MANAGER TO RELEASE THE RETAINAGE IN THE
AMOUNT OF $30,283.58; FUNDS AVAILABLE IN ACCOUNT 401-70-530-8525-00-60-
000,PROJECT DR1P06.
WHEREAS, pursuant to Resolution No. 23-079, the City Council authorized the City
Manager to enter into a contract with AAA Asphalt Paving, Inc. for the road reconstruction
and drainage repairs of Dallas and Fort Worth Avenues in an amount not to exceed
$509,352.50; and,
WHEREAS, pursuant to Resolution No. 23-413, the City Manager was authorized to
execute Change Order No. 1 with AAA Asphalt Paving, Inc. which resulted in a net increase
of$55,200.00 for a new contract amount of$564,552.50; and,
WHEREAS, pursuant to Resolution No. 23-563, the City Council ratified Change
Order No. 2 with AAA Asphalt Paving, Inc. which resulted in a net increase of$41,119.14 for
a new contract amount of$605,671.64; and,
WHEREAS, PAT has received the following contract documents and made a part
hereof: the Engineer's Certificate of Substantial Completion, Contractor's Affidavit of
Payment of Debts, Contractor's Certificate of Substantial Completion and Claims, Final
Payment Affidavit, and Contractor's Certificate of Warranty executed by AAA Asphalt
Paving, Inc. as delineated in Exhibit"A"; and,
WHEREAS, the release of retainage for the project is 5% of the work completed and
billed in the amount of$30,283.58 for AAA Asphalt Paving, Inc. as delineated in Exhibit "B";
and,
WHEREAS, AAA Asphalt Paving, Inc. has completed the project satisfactorily and has
been accepted by the Transit Department of the City of Port Arthur, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
I
P.R. No. 23538
12/26/2023 IM
THAT, that the City Council authorizes the City Manager to accept the closeout
documents submitted by AAA Asphalt Paving, Inc. (Exhibit"A").
THAT, final payment be made to AAA Asphalt Paving, Inc. in the amount of
$30,283.58 (Exhibit"B").
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ,ADOPTED AND APPROVED this day of A.D. 2024
at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
•
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
A ROVED AS TO FORM:n
/ 1 ey0
Val Tizen , City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
401-70-530-8525-00-60-000, PROJECT DR1P06
0_dk 697JCI-Le-Y
Ronald Burton Lyn a Boswell
City Manager Director of Finance
P.R. No. 23538
12/26/2023 IM
L �.
Clifton Williams, CPPB Ivan Mitchell
Purchasing Manger Transit Director
P.R. No. 23538
12/26/2023 IM
Exhibit "A"
TSG
THE SOLCO GROUP, LLC
TRANSPORTATION PPLANNING/ENGINEERING/RESEARCH/ADVICE/CONSULTING
December 06,2023
Mr. Ivan Mitchell
Transit Director
City of Port Arthur
Port Arthur Transit
344 Procter Street
Port Arthur, TX 77640-6450
RE: Engineers Closeout Recommendation
Dallas Avenue and Ft Worth Avenue Rehabilitation and Drainage Improvements
City of Port Arthur PN: 21-287
The Solco Group (TSG) performed the substantial completion inspection on the above referenced project on
October 13th, 2023, and the final inspection on November 03, 2023. AAA Asphalt Paving, Inc completed the
final punch list items on November 17, 2023. There are no outstanding work items. The project was completed
in general conformance with the contract documents. TSG recommends the closeout of the project.
There is no liquidated damage caused by delayed performance or non-performance of the Contractor.
The final contract amount including change orders are summarized below:
Original Contract Amount $509,352.50
Change Order No. 1 (Replace 12"AC Pipe with 16" HDPE at Dallas Avenue) $55,200.00
Change Order No. 2 LFinal Quantity Reconciliation) $41,119.14
Final Contract Amount $605,671.64
The beginning date for the one-year warranty period shall begin the date when all punch list items were
completed. The beginning date of the one-year warranty period was November 17, 2023, and the ending date
of the warranty period shall be November 17, 2024.
Neither the final certificate of payment nor any provision In the Contract nor partial or entire use of the
Improvements embraced in this contract by the Owner or the public shall constitute an acceptance of work not
done in accordance with the Contract or relieve the Contractor of Liability in respect to any express warranties
or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the
work and pay for any damage to other work resulting there from which appear within a period of twelve (12)
months from the date of final acceptance of the work.
TSG will conduct an evaluation (or evaluations)of all construction items of this project prior to the expiration of
the one-year warranty period and notify the contractor at the time of any action that needs to be taken.
TSG recommends payment of the final invoice of $605,671.64 that includes retainage. A copy of the final
quantity reconciliation change order is attached.
THE SOLCO GROUP,LLC 549 4th Street,Suite 209A,Port Arthur, TX 77640
WWW.TheSol coGrou p.com
r_
THE SOLCO GROUP, LLC
TRANSPORTATION PPLANNI NG/ENGINEERING/RESEARCH/ADVICE/CONSULTING
Thank you,
Simon Karingithi
Ae�
W1e:10]3 t206 t]61.J]d6G0�
Simon Karingithi, P.E.
Project Manager
13100 Wortham Center Dr. 3rd Floor Houston, TX 77065
Office: 833-591-5780
Mobile: 281-748-7958
www.thesolcogroup.com
•
THE SOLCO GROUP,LLC 549 4th Street,Suite 209A,Port Arthur, TX 77640
WWW.TheSolcoGrou p.com
CERTIFICATE OF SUBSTANTIAL COMPLETION
DATE OF ISSUANCE January 10, 2023
OWNER: City of Port Arthur
CONTRACTOR: AAA Asphalt Paving, Inc
PROJECT: Dallas Avenue and Ft Worth Avenue Rehabilitation and Drainage Improvements
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
Contract Work
To: City of Port Arthur
OWNER
And To: AM Asphalt Paving, Inc
CONTRACTOR
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 substantially complete in
accordance with the Contract Documents on
November 17, 2023
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within 60 days of the above date of the issuance of The Certificate of
Substantial Completion.
Note: Punchlist Items have been addressed
4
4
I
Page 1
The responsibilities between OWNER and CONTRACTOR for maintenance, damages, security, operation,
safety, heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER: As set out in the Contract Documents
CONTRACTOR: As set out in the Contract Documents
The following documents are attached to and made a part of this Certificate:
N/A
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents
nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract
Documents.
Executed by ENGINEER on 01/10/2024
Date
The Solco Group, LLC
ENGINEER
BY: Simon Karingithi Date z°z< 10 =6130600
,°„°�m.�,.
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on 0///0/.. o.2.,/
Date
MA Asphalt Paving, Inc
CONTRACTOR
BY:
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on
Date
City of Port Arthur
OWNER
BY:
(Authorized Signature)
Page 2
CONTRACTOR'S OWNER ❑
• AFFIDAVIT OF ARCHITECT ❑
PAYMENT OF CONTRACTOR
DEBTS AND CLAIMS SURETY 0
Conforms with the American Institute of OTHER ❑ _
Architects.A1A Document G706
TO(Owner):
City of Port Arthur CONTRACT FOR: $509,352.50
4444 4th St.
port Arthur.TX 77641
FINAL CONTRACT AMOUNT: $605,671.64
?ROJECT: (name, address) CONTRACT DATE:4/2023
Road Recon and Drainage Repairs
Dallas and Fort Worth
STATE OF: Texas
County of: Montgomery
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, NA
Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all
obligations 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 referenced above for which the Owner or his property might in any way be held
responsible.
EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the
Owner for each exception.)
NONE
CONTRACTOR:
AAA Asphalt Paving, Inc
19155 Circle Lake Dr.
Pin burst, TX 77362
-47
Michael D. offman, Pre ent
The following supporting documents should be
attached hereto if required by the Owner:
1.Contractor's Release or Waiver of Liens, conditional Subscribed and Sworn Before Me this 5th
upon receipt of final payment. Day of December 2023 �s
2.Separate Releases or Waivers of Liens from Sub-
contractorsAC1/and material and equipment Notary Public:
suppliers, to the extent required by the Owner, n
accompanied by a list thereof. My Commission Expires: 1 j Q " a Q S
3. Contractor's Affidavit of Release of Liens (AlA
DOCUMENT G706A).
RAYFERD COLBURN
=* �� :*= My Notary ID#129617404
ZT,e, '* Expires November 6,2025
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GUARANTEE / WARRANTY
STATE OF TEXAS§
COUNTY OF JEFFERSON§
KNOW ALL MEN BY THESE PRESENTS:
Michael D.Hoffman,President of AAA Asphalt Paving,Inc.,being first duly sworn,deposes and says that he is the
Contractor who supplied,installed and/or erected the work described below,and that he is duly authorized to make
this Guaranty/Warranty for the:
Port Arthur
Road Reconstruction and Drainage Repairs for
Dallas Ave.and Fort Worth Ave.
The undersigned Contractor warrants to the Owner that materials and equipment furnished under the Contract are of
good quality and new except where otherwise required or permitted,and that Work confirms with the requirements
of the Contract Documents. Work not conforming to these requirements, including substitutions not properly
approved and authorized,may be considered defective. This Contractors warranty excludes remedy for damage or
defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation,or normal wear and tear under normal usage.
in the event of failure of materials,products,or workmanship,during the specified warranty periods,the Contractor
shall take appropriate measures to assure correction or replacement of the defective items,whether notified by the
Owner.
The Contractor warrants the work performed for a period of Twelve (12) months from the date of' Substantial
Completion which was November 17,2023.
Signed this 5th day of December 2023.
AAA Asphalt Paving,Inc.
By:4u )�4
Michael D.Ho an,President
STATE OF TEXAS
COUNTY OF MONTGOMERY
Sworn to and subscribed before me this 6th day of December 2023.
I `'
Y. RAYFERD COLBUR l ;,f,j��
ce_ My Notary ID#129617 /e�//"""
4F November 6,2025
"1.1.' •0• Notary Public for the State of Texas
P.R. No. 23538
12/26/2023 IM
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CONSENT OF SURETY OWNER D
TO FINAL PAYMENT xnF.cr
SURETY
.eU Ott G707 S CONTRACTOR 0
SURETY ❑
Bond No. 100024680 OTHER ❑
TO OWNER: ARCHITECTS PROJECT NO.:
Nose rmtok arl
City of Port Arthur
CONTRACT FOR General Construction
PROJECT: CONTRACT DATED:
(Now aeuhddr au
Road Reconstruction and Drainage Repairs of Dallas and Fort Worth Avenue
In acoocduxe with the provisions*idle Comma between the Owner and d e Contractor as Indicated above,the
Non none tied reYRncpenerrj
Merchants Bonding Company(Mutual)
P.Q. Box 14498
Des Moines, IA 50306-3498
, SURETY,
on bond of
anon wn.rkd gibbon fila mmeafe9
AAAAsphalt Paving, Inc.
19155 Circle Lake Dr.
Pinehurst.TX 77362
, CONTRACTOR,
hereby apptoues of the final payment to the Contractor,and agrees that tint payment to the Contractor Fhall not relieve the Surety of
any Ma obligations to
Owen name ardaddiesgram")
City of Port Arthur
, OWNER,
as set krtb in said Surety's bond.
INI/f/NESSWHEREOF,the Surety h115 hereunto set its hand on this date December 6,2023
fair if WWI*lb,,xaarbJ6Moedb theruweaFcdtitradsssrd
..••.zit March;.. onding Company(Mutual)
oe}es
:AM,:
,4 X.i�
1910 By: 41 I
ffinNeorsoognonsisamismo
t 4•
=1,1(1\111
a LU� Scott D.Chapman Attorney-in-Fact
�l+ , tary (Priftral want.udIMO
3707-1094
MERCHANT
BONDING COMPANY.
POWER OF ATTORNEY
Know Al Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa,d/b1a Merchants?stational Indemnity Company(in California only)(herein colectively called the
'Companies")do hereby make,constitute end appoint,indW'4uafy,
Scott D.Chapman
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies
persons,guaranteeing the performance of contracts and executing or in theira ngsinequ of guaranteeing the any actions of
or proceedings allowed by law. guaranteeing bonds and undertakings required or pem►itted in
Bond t 100024680
°Meisel:AAAAsphalt Paving, Inc.
Wipe:City of PortAtthur
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company(Mutual)on Apra 23,2011 and amended August 14,2015 and adopted by the Board of Directors of
MerchantsNational Bonding,Inc_,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President steal have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on b#haD of the Company, and attach the seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obtigali na cif the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,/is agreed that the power and aut horny hereby given to the
Attorney-in-Fact includes any and all consents for the taiease of reamed percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation,t}is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under Rs bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and seated this eth day of December , 2023 .
•....
.................,.• : t .Puri . MERCHANTS BONDING COMPANY(MUTUAL)
4t p, • O• t1PQq•.%..: MERCHANTS NATIONAL BONDING,INC.
.g PO •. •
Z:GG •Z; • 'v, 'jJ►•' diva MERCHANTS NATIONAL INDEMNITY COMPANY
IFV -a- OW!: :u"'� _o-seC a—.
:_: 2003 si 1933 ••st 01/414 7:07.4....
• �,
•' itr ''STATE OF IOWA '••,•, ••••• •
President
COUNTY OF DALLAS as.
On this 6tu day of December , 2023 before me appeared Larry Taylor,to me personally known,who being by me duty sworn
did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals atbxed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
ds Kin Lee
f§ijyyl 8Lai
Cormission Ntmba 702737
• •• My Conut D)rt tea
AO 14,2024 Notary Public
(Expiration of notary's commission
does not invalidate this Instrument)
I,WiiIam Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY execxsted by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 6th day of December ,2023 .
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POA 0018(10/22)
FULL RELEASE OF LIEN
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERFSON
That the undersigned, being a CONTRACTOR, have furnished labor and/or materials in
conjunction with the construction upon all that certain real property located in Jefferson County,
Texas, and being more particularly described as follows:
Job Name: Port Arthur Road Reconstruction and Drainage Repairs for
Dallas Ave. and Fort Worth Ave.
The undersigned Claimant has been fully paid for all labor and/or materials furnished in
conjunction with the construction of said improvements and construction in the amount of
Amount: $30,283.58 Final Retainage
The undersigned claimant hereby waives and releases any mechanic's or materialman's lien, or
claim the right of such lien,or any claim against any payment bond surety and any claim against
Owner on the aforementioned premises and improvements now or hereafter located thereon
which now exists or might otherwise arise on account of the labor or materials furnished or to be
furnished by the undersigned where such lien or claim arises under the constitution of the State
of Texas, pursuant to any statues or by contract.
Executed this_29th_ day of_December ,2023.
Contractor
*(4. 411-445141*---
1 C•ketki 47W(110011 re_S Ctiti)
Printed name of officer and tin
g
e Si ture
This foregoing instrument was acknowledged before me this 29th day of_December_.
2023.
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S�j�s $oSHaROryi0SxUE�33192C00UGAL+12 ► Notary Public
1 µY Commission Expires 0
!4" July e.2025 My commission expires -7/s;/z4z.