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HomeMy WebLinkAboutPR 23600: ASBESTOS REMEDIATION AT THE GATES PROFESSIONAL BUILDING ort rthuur`�� www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 6, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager `•/ From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Director of Public Works ao RE: PR 23600: Asbestos Remediation at the Gates Professional Building— cceptance of Close Out Documents and Release of Retainage 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 $16,960.00 for asbestos remediation at the Gates Professional Building as submitted by Sitek Omni Services, LLC of Spring, Texas. Background: The Christus Hospital System donated the Gates Professional Building to the City of Port Arthur. However, it was determined that material within the building contained asbestos and was friable. The City Council authorized the execution of a contract with Sitek Omni Services, LLC (Sitek Omni) of Spring, Texas, to demolish, abate, and clean the Gates Professional Building through Resolution 23-307. During the abatement process, Sitek Omni encountered unforeseen building materials, which warranted a request for additional funds and was authorized through Resolution 23-412. The Public Works Department has received close out documents from Sitek Omni Services, LLC of Spring, Texas,that includes the Certificate of Substantial Completion establishing completion as February 1, 2024, the Contractor's Certificate and Release, the Contractor's Certificate of Debts Paid, and the Release of Retainage Pay Application for$16,960.00. Budget Impact: Funds for the not-to-exceed amount of $16,960.00 are available in the Capital Improvement Fund City Facility Improvements Account,307-00-000-2050-00-00-000,Gates Building Renovation project,BU0016- CON-BUM. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 23600 authorizing the City Manager to accept the Close Out Documents from Sitek Omni Services, LLC of Spring, Texas, and release the retainage in the amount$16,960.00. PR No.23600 03/06/2024 FCR Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE-OUT DOCUMENTS SUBMITTED BY SITEK OMNI SERVICES, LLC OF SPRING, TEXAS, AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF $16,960.00. FUNDING IS AVAILABLE IN THE GATES BUILDING RENOVATION PROJECT ACCOUNT,ACCOUNT NUMBER 307-00- 000-2050-00-00-000, PROJECT NO. BU0016-CON-BUM WHEREAS,Christus Hospital System donated the Gates Professional Building to the City of Port Arthur. However, it was determined that material within the building contained asbestos and was friable; and, WHEREAS,pursuant to Resolution No.23-307,the City Council authorized the execution of a contract with Sitek Omni Services, LLC (Sitek Omni) of Spring, Texas, to demolish, abate, and clean the Gates Professional Building through the Sourcewell Cooperative Purchasing Program for$169,600.00; and, WHEREAS, during the abatement process, Sitek Omni encountered unforeseen building materials, which warranted a request for additional funds and was authorized through Resolution 23-412; and, WHEREAS, Sitek Omni Services, LLC of Spring, Texas, has submitted the Certificate of Substantial Completion dated February 1, 2024, 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), and the Contractor's Certificate of Debts Paid(Exhibit C); and, PR No.23600 03/06/2024 FCR Page 2 of 4 WHEREAS, the retainage for the project is 10% of the work completed and billed, the Release of Retainage has been submitted by Sitek Omni Services, LLC of Spring, Texas, for the amount of$16,960.00, see Exhibit D; and, WHEREAS, Sitek Omni Services, LLC of Spring, Texas, has completed the contracted project to the satisfaction of the Public Works staff, see Exhibit E; and, WHEREAS, approval of the 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 February 1, 2024 (Exhibit A); together with the Contractor's Certificate and Release (Exhibit B), the Contractor's Certificate of Debts Paid (Exhibit C); 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 F) for the completion of the Operations Center's roof repairs; and, THAT, the Release of Retainage be paid to Sitek Omni Services, LLC of Spring, Texas, in the amount of$16,960.00; 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. 2024 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: PR No.23600 03/06/2024 FCR Page 3 of 4 Councilmembers: Noes: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: ./ ig J: . Black, Esq. orney PR No.23600 03/06/2024 FCR Page 4 of 4 APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager ��/a / 404j11 4� oz le '�•berts, E Eng, MBA, CPM Direct• Public • r s APPROVED AS FOR AVAILABILITY OF FUNDS: 'r2 c-6J6 -iA Q el' yn1'a Lyn Boswell, MA, ICMA-CM Director of Finance C,41‘J r r iiiCa", Clifton E. Williams, Jr., CPPB Purchasing Manager PR No. 23600 Exhibit CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.:23-307 Project Name: Gates Professional Building Asbestos Remediation Contractor: Sitek Omni Services,LLC Description of Work: Abatement of Asbestos at the Gates Professional Building The work performed under this contract has been reviewed and found to be substantially complete.The date of substantial completion is hereby established as February 1.2024. 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. ,:kKoy1tvLl Ulc sS CONTRACTOR NAME SIGNATURE DATE RECOMMENDED FOR ACCEPTANCE The City of Port Arthur accepts the work as Substantially Complete.City of Port Arthur,Department of Public Works. Flozelle C.Roberts PUBLIC WORKS DIRECTOR G A 4[2.02,1-/ PR No. 23600 Exhibit 13 CONTRACTOR'S CERTIFICATE AND RELEASE FROM: Sitek Omni Services.LLC (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) REFERENCE CONTRACT NO.:23-307 CONTRACT ENTERED INTO THE_18th DAY OF July, 2023 BETWEEN THE CITY OF PORT ARTHUR AND _Sitek Omni Services, LLC_ OF Humble.TX FOR THE PROJECT GATES PROFESSIONAL BUILDING ASBESTOS ABATEMENT SNOW ALL MEN RY TIIESE 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 $ 16 960.00 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 0 , 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 I 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. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this C day of ,hrt/t4 , 2024. (Contractor) Sitek Omni Services BY: (Signature) yOnge's "Wren AlPe ji‘diett-' (Printed Name/Title of Officer) YOnes4 Cintli°11 being first duly sworn on oath,deposes and says,First,that,he is the (Affiant) ,rer ) d(111/1 I geeif VICej of (nth) (Name ofCompany) Second,that he has read the foregoing certificate by him/her subscribed as ttle) of ç1jei':. 0Y4k'7/ -- w1Ce47 (Name of Company) Affiant further states that the matters and things stated herein are true. -/1(1 OfY'� Subscribed and sworn to be o e me 4 this Litt' day of ;�V I'!/f 2024. My commission expires � �' +?°A""` a NOEMI REYES (•� 77, ; My Notary ID#130319617 I 2 '•'*,a' Expires August 4,2027 PR No. 23600 Exhibit CONTRACTOR'S CERTIFICATE OF DEBTS PAID PROJECT: Gates Professional Building Asbestos Abatement LOCATION: Port Arthur,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 materials and equipment furnished for all work,labor, and services preformed 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 a way be held responsible or encumbered. Exceptions: Contractor: Sitek Omni Services.TIC Signature: ___AIL---- Printed Name: Vanessa Cintron Datc: 2/26/2024 Subscribed and sworn to before me this a' day of 1 vuCOC 2024. 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N s ccE .0 7 Q, e- N M t!i co f� U W 0 0 C co W 0 E o ai fi HUil IA N. Y O E Q z o y ° O Z O Q J W U O U Q W H W z O cc J Z J W tie O CO 0 J d Z l4- H 17.1 Fa- (jj Q 00 O oa � � m1- -Jc.) PR No. 23600 ,04 .), t rthu1 www.Po rtArth u rTx.gov CERTIFICATE OF COMPLETION Date: March 6, 2024 Project: Gates Professional Building Asbestos Abatement Project Close Out and Release of Retainage. Contract 23-307 To: All Concerned I HEREBY CERTIFY THAT this project was completed on February 1, 2024, and that the work was under periodic inspection during construction by Public Works. 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 and Code Compliance. Submitted by: / � ozelle Roberts, , MEng, MBA, CPM Directo '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 PR No.23600 Exhibit CITY OF PORT ARTHUR, TEXAS DEPARTMENT OF PUBLIC WORKS CERTIFICATE OF ACCEPTANCE FOR GATES PROFESSIONAL BUILDING ASBESTOS ABATEMENT CONTRACT 23-307 To: Sitek Omni Services, LLC of Humble, Texas This document is to certify that the City of Port Arthur,Texas,accepts the completion of the Gates Professional Building Asbestos Abatement Project,on the basis of the recommendation of the City of Port Arthur's Public Works 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 Sitek Omni Services, LLC of Humble, Texas. Ronald Burton, CPM City Manager Sherri Bellard, TRMC City Secretary