HomeMy WebLinkAboutPR 23853: CLOSE OUT DOCUMENTS AND APPROVE THE RELEASE OF RETAINAGE FOR DRC CONSTURUCTION, LLC, CONSTRUCTION OF 3 HOMES INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Neighborhood Revitalization
Date: July 17, 2024
To: Ron Burton, CPM, City Manager
Mayor and City Council
From: Beverly A. Freeman, Housing&Neighborhood Revitalization Manager
RE: Proposed Resolution No. 23853
Nature of Request:
The Housing Division recommends that the City Council adopt Proposed Resolution No. 23853
authorizing the City Manager to accept the close out documents and approve the Release of
Retainage for DRC Construction, LLC of Beaumont, Texas, as authorized by Resolution No. 23-
474 for the new construction of three (3) homes.
Staff Analysis/Considerations:
DRC Construction, LLC, of Beaumont, Texas, has submitted the Certificate and Release, dated
July 17, 2024, certifying that the work has been inspected, authorized, and declared to be complete
in accordance with the contract documents and made a part hereto as Exhibit "A"; together with
the Bills-Paid Affidavit hereto as Exhibit"B".
The retainage for the project is five percent (5%) of the work completed and billed. The Release
of Retainage has been submitted by DRC Construction, LLC, for the total amount of$30,906.25,
as delineated in Exhibits "C", "D", and "E".
DRC Construction, LLC has completed the contracted project to the satisfaction of the Housing &
Neighborhood Revitalization Division,U.S. Department of Housing and Urban Development, and
all Federal, State, and Local Codes and Ordinances.
Budget Consideration:
Funds are available in Account No. 105-13-033-5470.00-40-000, Project No. CD22115
($8,009.50), and Account No. 108-13-033-5470-00-40-000, Project No. HE2305 ($22,896.75).
RECOMMENDATION:
The Housing Division recommends that the City Council adopt Proposed Resolution No. 23853,
authorizing the City Manager to accept the close out documents and approve the Release of
Retainage for DRC Construction, LLC, as authorized by Resolution No. 23-474.
P.R. No. 23853
7/17/2024 BAF
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ACCEPT THE CLOSE OUT
DOCUMENTS SUBMITTED BY DRC CONSTRUCTION,
LLC OF BEAUMONT,TEXAS FOR THE COMPLETION
OF THREE (3) NEW CONSTRUCTION HOMES AND
APPROVE THE RELEASE OF RETAINAGE IN THE
TOTAL AMOUNT OF $30,906.25. FUNDS ARE
AVAILABLE IN ACCOUNT NO. 105-13-033-5470-00-40-
000, PROJECT NO. CD22115 ($8,009.50), AND
ACCOUNT NO. 108-13-033-5470-00-40-000, PROJECT
NO. HE2305 ($22,896.75)
WHEREAS, pursuant to Resolution No. 23-474, the City Council authorized a contract
with DRC Construction, LLC of Beaumont, Texas, for the site preparation and new construction
of three (3) homes in the total amount of$618,125.00 (which includes a $15,000.00 contingency
fund); and
WHEREAS, pursuant to Resolution No. 24-129, the City Council authorized Change
Order No. 1 to the contract with DRC Construction, LLC of Beaumont, Texas, extending the
contract time by 45 days to a new total contract term of 120 days for the completion of the new
construction home located at 1942 6th Street, due to extensive vandalism to the house, determined
to be arson; and
WHEREAS, due to the fire, the authorized contingency amount of$15,000.00 was used
for the repairs; and
WHEREAS,DRC Construction,LLC has submitted the Certificate and Release certifying
that the work has been inspected, authorized, and declared to be complete in accordance with the
contract documents attached hereto as Exhibit "A"; together with the Contractor's Bills Paid
Affidavit attached as Exhibit "B"; and
lir
WHEREAS,the retainage for the project is five percent (5%) of the work completed and
billed, the Release of Retainage has been submitted by DRC Construction, LLC of Beaumont,
Texas, for the total amount of$30,906.25, as delineated in Exhibits"C," "D" and"E"; and
WHEREAS, DRC Construction, LLC. has completed the contracted project to the
satisfaction of the Housing&Neighborhood Revitalization Division,U.S.Department of Housing
and Urban Development and all Federal, State, and Local Codes and Ordinances; and
WHEREAS, the acceptance of the Close Out Documents and authorizing the Release of
Retainage is deemed an appropriate action herein.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to accept the
close out documents submitted by DRC Construction, LLC for the completion of the new
construction of three (3)homes.
Section 3. That the City Manager is further authorized to approve the Release of
Retainage to DRC Construction, LLC in the total amount of$30,906.25 as delineated in Exhibits
"C", "D", and"E".
Section 4. That a copy of the caption of this Resolution should be spread upon the
minutes of the City Council.
READ,ADOPTED,AND APPROVED this day of , 2024, at the
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following Vote:
AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
THURMAN BARTIE,
MAYOR
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROVED FOR FORM:
r Vl�
S M. BLACK,
ERIM CITY ATTORNEY
APPROVED FO ' NIST ' :TION:
itkorr
Axx,
RON BURTON,
CITY MANAGER
!AM id a ' 64N-
BEVERLY FREE AN, HOUSING &
NEIC#IBORH 6 s REVITALIZATION MANAGER
3 41i/445Z
CLIFT 6 WILLIAMS, CPPB,
PURCHASING MANAGER
APPR VED AS TO AVAILABILITY OF FUNDS:
ri‘.) 4,7).o,u,0
LYN BOSWELL,
DIRECTOR OF FINANCE
EXHIBIT "A"
Certificate and Release
CERTIFICATE AND RELEASE
From: DRC Construction,LLC ,Contractor
To:_City of Port Arthur _ ,Owner
Reference Contract entered into on the 29th day of December,2023 between the City of Port Arthur,Texas(Owner)of •
444 4'h Street,Port Arthur,Texas 77640 and Dawn Cockerill(Contractor)of DRC Construction,LLC,6710 Eastex Freeway,
Beaumont,Texas 77708(Address of Contractor)for the new construction of property at:
1401 Trinity Avenue,Port Arthur,Texas,77642
1411 Trinity Avenue,Port Arthur,Texas,77642
1942 6th Street,Port Arthur,Texas,77640
KNOW TO ALL MEN BY THE PRESENT
1. The undersigned hereby certifies that there is due from and payable by the Owner to the Contactor the balance of
$ pursuant to the Contract and duty Approved Change Orders and modifications
2. The undersigned further certifies that in addition to the amount set forth in Paragraph I,there are outstanding and unsettled
the following items,which the Contractor claims are just and due and owing by the Owner to the Contractor
A.
B.
3. The undersigned further certifies that all work required under this Contract including the work required under Change Order
No.(s) .has been performed in accordance with the terms of thereof,and that there are no
unpaid d claims for materials,supplies,or equipment and no claims of laborers or mechanics for unpaid wages arising out of
the performance in this Contract.
4. Except for the amount 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 modification of change thereof.
5. That in consideration of the payment of the amount stated in Paragraph 1 hereof,the undersigned does hereby release the
Owner from any and all claims arising under or by virtue of the Contract,except the amount listed in Paragraph 2 hereof;
provided,however,that if for any reason the Owner does not pay in the full amount stated in Paragraph 1 hereof,said unpaid
amount shall be automatically included under Paragraph 2,as an amount which the payment of the amount listed in
Paragraph 1,hereof,he will release the Owner from any and all claims of any nature whatsoever arising out of said Contract
or modification thereof,and will execute such further releases or assurances as the Owner may request.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this /%' ' date of (3—(4.-I t1� ,2024.
DRC Construction LLC
Company Name
By: 'C,..JZ..:DC
Name and Title: Dawn Cockerill
Subscribed and sworn to before this day of U
Notary u c
.117.1 KIMBERLY G.MOSS
���ppr off',
:"-; % Notary Public,State of Texas
Comm.Expires 09-24-2028
Notary ID 131734649
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EXHIBIT " B "
Bills Paid Affidavit
Bills-Paid Affidavit
Date: -- l C /�/�fy V "
1
Owner: City of Port Arthur
Owner's Mailing Address: 444 4`h Street , PORT ARTHUR, TEXAS 77640
Contractor: _DRC Construction, LLC - Dawn Cockerill —OWNER
Contractor's Mailing Address: __6710 Eastex Freeway_, BEAUMONT, TEXAS 77708
Affiant: NAME: Dawn Cockerill , SUB-CONTRACTOR N/A
Affiant's Mailing Address: _6710 Eastex Freeway , BEAUMONT, TEXAS 77708
Property:
1. 1401 Trinity Avenue, otherwise known as:
TR 11-A REPLAT LT 11 MERREN NO 2, in the City of Port Arthur,Jefferson County, Texas.
2. 1411 Trinity Avenue, otherwise known as:
TR 11-B REPLAT LT 11 MERREN NO 2, in the City of Port Arthur, Jefferson County, Texas.
3. 1942 6th Street, otherwise known as:
Lot Number 2, in Block Number 185 in the City of Port Arthur, Jefferson County,
Texas.
Affiant swears individually and on behalf of Contractor that the following statements are true and
within the personal knowledge of Affiant:
1. Affiant has personal knowledge of the facts stated in this affidavit.Affiant has full authority to make
the agreements in this affidavit on behalf of Contractor.
2. Affiant understands that Owner has required this affidavit as a condition of payment for labor or
materials used in construction of the Improvements.
3. Contractor has paid each of Contractor's subcontractors, laborers, and materialmen in full for all
labor and materials provided to Owner or Contractor for construction of the Improvements, excepting only the
amounts owed to the persons identified on below:
4.
TABLE 1- Exceptions to Bills Paid
Name of Payee Address Telephone No. Amount Owed
All bills paid.
Table 2 — Reliance Statement
Contractor warrants and represents that the following specified bills or classes of bills will b paid by Contractor from the
funds paid to Contractor by Owner in reliance on this affidavit:
Name of Payee or Description of Class Amount Owed
N/A
Contractor agrees to indemnify and hold Owner harmless from any loss or expense resulting from false or
incorrect information in this affidavit.
(LC
NAME OF AFFIANT
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the `0"day of , 2024, by
LA00 Co-Li •ev-i
Notary ublic, State of/Texas
"""'" KIMBERLY G. MOSS / T
,,�,��P ,; Notary's Printed Name: I o
_: ' e„-1Notar1PubhSt$b00X63
S;Yi. .'"= Comm.Expires 09-2 4-2 0 2 6
�'''1 , 's Notary ID 131734649 Notary's Expiration Date:
EXHIBIT " C "
Invoice 24-1837 for 1401 Trinity Ave.
DRC Construction LLC Invoice
6710 Eastex Freeway Beaumont,TX 77708
Beaumont,TX, TX 77708 US
+1 4095548135
kim@drchomestx.com
drehomestx.com
www.drchomestx.com
BILL TO ;Fill'1 O
1411 Trinity - Port Arthur 1411 Trinity- Port Arthur
City of Port Arthur City of Port Arthur
Attn: Housing Attn: Housing
PO Box PO Box
lily; I"! DATE TOTAL DUE DUE DATE l t_FtiP,!S ENCLOSED
24-1838 07/12/2024 $10,325.50 08/11/2024 Net 30
SERVICE DESCRIPTION (>i Y RATE AMOUNT
22 Specialty Retainage 1 10,325.50 10,325.50
Thank you for your business!Please make checks payable to:DRC BALANCE DUE $1 0325.50
Construction LLC f
6710 Eastex Fwy.
Beaumont.TX 77708
)OCOC
EXHIBIT " D "
Invoice 24-1838 for 1401 Trinity Ave.
DRC Construction LLC Invoice
6710 Eastex Freeway Beaumont,TX 77708
Beaumont,TX,TX 77708 US
+14095548135
kim@drchomestx.com
www.drchomestx.com
BILL TO SHIP TO
1401 Trinity- Port Arthur 1401 Trinity-Port Arthur
City of Port Arthur City of Port Arthur
Attn: Housing Attn: Housing
PO Box 1089 PO Box 1089
Port Arthur,TX 77641 Port Arthur,TX 77641
INVOICE# DATE TOTAL DUE DUE DATE TERMS ENCLOSED
24-1837 07/12/2024 $8,009.50 08/11/2024 Net 30
SERVICE DESCRIPTION QTY RATE AMOUNT
22 Specialty Retainage 1 8.009.50 8,009.50
Thank you for your business!Please make checks payable to:DRC BALANCE DUE $8,009.50
Construction LLC
6710 Eastex Fwy.
Beaumont,TX 77708
l
,\D
L' w
EXHIBIT " E "
Invoice 24-1840 for 1942 6' St.
DRC Construction LLC Invoice
6710 Eastex Freeway Beaumont,TX 77708
Beaumont, TX, TX 77708 US
+14095548135
kim@drchomestx.com
www.drchomestx.com
BILL TO SHIP TO
1942 6th St. - Port Arthur 1942 6th St. -Port Arthur
City of Port Arthur City of Port Arthur
Attn: Housing Attn: Housing
PO Box 1089 PO Box 1089
Port Arthur, TX 77641 Port Arthur,TX 77641
li.!t O;GF i; DATE TOTAL DUE DUE DATE TERMS ENCLOSED
24-1840 07/12/2024 $12,571.25 08/11/2024 Net 30
SERVICE DESCRIPTION QTY RATE AMOUNT
22 Specialty Retainage 1 12,571.25 12,571.25
Thank you for your business!Please make checks payable to:DRC BALANCE DUE $1 2 571 .25
Construction LLC r
6710 Eastex Fwy.
Beaumont,TX 77708