HomeMy WebLinkAboutPR 24495: ELITE CONTRACTORS & EQUIPMENT, RECONSTRUCTIO PROJECT ACCEPTANCE OF CLOSE OUT DOCUMENTS AND RELEASE OF RETAINAGE City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: September 8, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pamela D. Langford, CPM, Assistant City Manager-Operations/Director of Development
Services
RE: PR No. 24495: Mechanic Street and S. 1st Avenue Roadway Reconstruction Project —
Acceptance of Close Out Documents and Release of Retainage in the amount of$136,274.25 to
Elite Contractors & Equipment of Kirbyville, Texas. Project No. ST1P9O.CON.
Introduction:
The intent of this agenda item is to authorize the City Manager to accept Close Out Documents and release
retainage in the amount of$136,274.25 to Elite Contractors& Equipment of Kirbyville,Texas for the Mechanic
Street and S. lst Avenue Roadway Reconstruction Project. Project No. ST1P9O.CON.
Background:
The City of Port Arthur received an infrastructure grant from the Texas Department of Transportation's
(TxDOT) Rider 37 Grant Program from its Maritime Division to improve access and drainage to the Port of
Sabine Pass. Mechanic Street from South 1st Avenue to Dowling Road (State Highway 87) and S. 1st Avenue
from Broadway Street to Granger Street was selected by the Texas Legislature for funding since it provides
access to the Port of Sabine Pass. Pursuant to Resolution No. 22-286, the City of Port Arthur entered into an
Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Texas
Mobility Grant Fund (TMF) to reconstruct Mechanic Street.
Pursuant to Resolution 22-246, approved by Port Arthur's City Council, Fittz and Shipman, Inc., (F&S) of Port
Arthur, Texas, entered into a professional services agreement to provide design, surveying, and preliminary
engineering services for the Mechanic Street and S. 1st Avenue Roadway Reconstruction Project for the amount
of$417,000.00.
Pursuant to Resolution 23-515, approved by Port Arthur's City Council,Fittz and Shipman, Inc., (F&S) of Port
Arthur, Texas, entered into a professional services agreement to provide construction phase services for the
Mechanic Street and S. 15t Avenue Roadway Reconstruction Project for the amount of$131,935.00.
"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
Pursuant to Resolution No. 23-421, approved by Port Arthur's City Council, the City Manager was authorized
to enter into an agreement with Elite Contractors & Equipment, LTD, (Elite) of Kirbyville, Texas, for the
reconstruction of Mechanic Street and S. 1st Avenue for the amount of$2,565,230.00.
Pursuant to Resolution No. 24-243, approved by Port Arthur's City Council, Elite Contractors and Equipment,
LTD, of Kirbyville,Texas, submitted Change Order No. 1 for the removal of seven(7) concrete driveways and
replace them with flex base driveways decreasing the contract by$23,171.00 from the original contract amount
of$2,565,230.00, amending it to the new contract amount of$2,542,059.00.
On May 29, 2024, the Mechanic Street and S. 1st Avenue Roadway Reconstruction Project was halted due to
the discovery of an unknown petroleum substance while installing drainage structures. As a result,a Stop Work
Order (SWO) was issued on June 25, 2024 by TXDOT's Maritime Division until a plan of action was
determined. Under the guidance and direction of the Texas Commission on Environmental Quality, (TCEQ),
the City of Port Arthur remediated the site. TCEQ inspected the site and was satisfied that the City's clean-up
efforts had met all the necessary requirements for remediation. TXDOT was notified of TCEQ's approval and
the Stop Work Order was lifted on February 4, 2025. TXDOT's Maritime Division requested that the City
officially remobilize the project.
Pursuant to Resolution 25-042,approved by Port Arthur's City Council,Elite Contractors and Equipment,LTD,
of Kirbyville, Texas, submitted Change Order No. 2 for the remobilization of the project, extra dirt, and the
installation of guard rails for the amount of $201,570.00 increasing the previous contract amount of
$2,542,059.00 to the new contact amount of$2,743,629.00. Additionally, Change Order No. 2 requested that
one hundred twenty(120)calendar days be added to the project with a new contract completion date established
once the date of remobilization is determined. The Notice to Proceed for the remobilization of the project was
March 25, 2025.
The Engineering Division has received Close Out Documents from Elite Contractors & Equipment, LTD, of
Kirbyville, Texas, that includes the Certificate of Substantial Completion establishing substantial completion
as of July 1, 2025, the Engineer's Certificate of Completion, 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$136,274.25.
Budget Impact:
Funding is available is the Street Account 307-00-000-2050-00-00-000; Project No. ST1P9O-CON.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR No. 24495 authorizing the City
Manager to accept the Close Out Documents and release the retainage in the amount of$136,274.25 for Elite
Contractors and Equipment, LTD, of Kirbyville, Texas, for the Mechanic Street and S. 1st Avenue Roadway
Reconstruction Project . Project No. ST1P9O.CON.
"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
PR No. 24495
9/8/2025 mje
Page 1 of 6
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 $136,274.25 FOR THE SABINE PASS
MECHANIC STREET AND S. 1ST AVENUE ROADWAY
RECONSTRUCTION PROJECT. FUNDING IS AVAILABLE IN
THE STREET ACCOUNT NO. 307-00-000-2050-00-00-000.
PROJECT NO. ST1P9O.CON.
WHEREAS, the City of Port Arthur received an infrastructure grant from the Texas
Department of Transportation (TxDOT) from its Maritime Division in the Rider 37 Grant Program;
and,
WHEREAS, Mechanic Street from S. 1st Avenue to Dowling Road (State Highway 87) and
S. 1st Avenue from Broadway Street to Granger Street was selected for reconstruction to improve
access and drainage to the Port of Sabine Pass; and,
WHEREAS, pursuant to Resolution No. 22-286, the City of Port Arthur entered into an
Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for
a Texas Mobility Grant Fund (TMF) to reconstruct Mechanic Street; and,
WHEREAS, pursuant to Resolution No. 22-246, Fitt and Shipman, Inc., (F&S) of Port
Arthur, Texas, entered into a professional services agreement to provide the design, plans, and
bid phase services for the Sabine Pass Mechanic Street and S. 1st Avenue Roadway
Reconstruction Project for the amount of $417,000.00; and,
WHEREAS, pursuant to Resolution 23-515, approved by Port Arthur's City Council, Fittz
and Shipman, Inc., (F&S) of Port Arthur, Texas, entered into a professional services agreement
9 C 1°
PR No.24495
9/8/2025 mje
Page 2 of 6
to provide construction phase services for the Mechanic Street and S. 1st Avenue Roadway
Reconstruction Project for the amount of $131,935.00.
WHEREAS, pursuant to Resolution No. 23-421, approved by Port Arthur's City Council,
the City Manager was authorized to enter into an agreement with Elite Contractors & Equipment,
LTD, (Elite) of Kirbyville, Texas, for the reconstruction of the Sabine Pass Mechanic Street and
S. 1st Avenue Roadway Reconstruction Project for the amount of $2,565,230.00; and,
WHEREAS, pursuant to Resolution No. 24-243, approved by Port Arthur's City Council,
Elite Contractors and Equipment, LTD, of Kirbyville, Texas, submitted Change Order No. 1 for
the removal of seven (7) concrete driveways and replaced them with flex base driveways
decreasing the contract by $23,171.00 from the original contract amount of $2,565,230.00,
amending it to the new contract amount of $2,542,059.00; and,
EliteWHEREAS, on May 29, 2024, during construction, encountered an unknown
petroleum based substance while installing drainage structures; and,
WHEREAS, F&S, along with City forces and the Texas Department of Transportation
(TxDOT) determined that the area was contaminated, and collectively notified the Texas
Commission on Environmental Quality (TCEQ) and sought its assistance with developing a
remediation plan before continuing construction activities; and,
WHEREAS, TxDOT issued a Stop Work Order (SWO) on June 24, 2024, in order to
facilitate clean up, remediation, and disposal of materials generated; and,
WHEREAS, TCEQ inspected the site and was satisfied that the City's clean-up efforts
had met all the necessary requirements for remediation; and,
PR No.24495
9/8/2025 mje
Page 3 of 6
WHEREAS, TXDOT was notified of TCEQ's approval and the Stop Work Order was lifted
on February 4, 2025 with TXDOT's Maritime Division requesting that the City officially remobilize
the project; and,
WHEREAS, pursuant to Resolution No. 25-042, approved by Port Arthur's City Council,
Elite submitted Change Order No. 2 for the remobilization of the project, extra dirt, and the
installation of guard rails for the amount of$201,570.00 increasing the previous contract amount
of $2,542,059.00 to the new contact amount of $2,743,629.00; and.
WHEREAS, Change Order No. 2 also requested that one hundred twenty (120) calendar
days be added to the project with a new contract completion date established once the date of
re-mobilization is determined; and,
WHEREAS, the Engineering Staff, F&S, and Elite determined that the Notice to Proceed
for the re-mobilization of the project would be March 25, 2025; and,
WHEREAS, Elite Contractors & Equipment, LTD, of Kirbyville, Texas, has submitted the
Certificate of Substantial Completion dated July 1, 2025 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 Engineer's Certificate
of Completion (Exhibit B); Contractor's Certificate and Release (Exhibit C), the Contractor's
Certificate of Warranty (Exhibit D), the Contractor's Certificate of Guarantee (Exhibit E); and
the Contractor's Affidavit of Bills Paid (Exhibit F); 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 $136,274.25, see Exhibit G; and,
PR No.24495
9/8/2025 mje
Page 4 of 6
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 H; 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, TEXAS:
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 1, 2025 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 Engineer's Certificate
of Completion (Exhibit B); Contractor's Certificate and Release (Exhibit C), the Contractor's
Certificate of Warranty (Exhibit D), the Contractor's Certificate of Guarantee (Exhibit E); and
the Contractor's Affidavit of Bills Paid (Exhibit F); and,
THAT, 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 H; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to accept, on
behalf of the City of Port Arthur, a Certificate of Acceptance (Exhibit I) for the completion of the
Sabine Pass Mechanic Street and S. 1st Avenue Roadway Reconstruction Project; and,
THAT, the Release of Retainage be paid to Elite Contractors & Equipment, LTD, of
Kirbyville, Texas, for the amount of $136,274.25; and,
PR No. 24495
9/8/2025 mje
Page 5 of 6
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.
2025, at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Charlotte M. Moses
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Roxann Pais Cotroneo, Esquire Ron Burto P
City Attorney City Manager
PR No.24495
9/8/2025 mje
Page 6 of 6
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Lyn "Lyn" Boswell, MA, ICMA-CM
Director of Finance
Clifton Williams, CPPB
Purchasing Manager
Suhail Kanwar, PE
Director of Public Services/City Engineer
EXHIBIT A
i
CERTIFICATE OF SUBSTANTIAL COMPLETION
•
Contract No.: P23-057
Project Name:_Sabine Pass Mechanic Street&South IS`Avenue Roadway Reconstruction Project
Contractor: Elite Contractors&Equipment,LTD
Description of Work: Reconstruct Mechanic Street from South 15`Ave to Dowling Rd and South IS'Avenue
from Broadway Street to Granger Street
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as July 1,2025 .
KNOW ALL MEN BY THESE PRESENTS:
l.) 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.
til) d
CONTRACTOR NAME SIGNAT E DATE
RECOMMENDED FOR ACCEPTANCE
Daniel Dotson S
ENGINEER NAME l� DATE
The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur, Department of Public
Works.
40a5
PROJECT MANAGER SI NATURE DATE
,SOHA-IL KANO4k KicimAAhog T/8/z5
CITY ENGINEER SIGNATURE DATE
PUBLIC WORKS DIRECTOR SIGNATURE DATE
EXHIBIT B
ENGINEER'S CERTIFICATE OF COMPLETION
Project:_Sabine Pass Mechanic Street&South ls`Avenue Roadway Reconstruction Project
Date of Issuance: August 8,2025
Owner(s): City of Port Arthur
Owner's Project Number: P23-057
Engineer: Fittz&Shipman,Inc.
Contractor: _Elite Contractors &Equipment,LTD
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: Fittz&Shipman, Inc.
(ENGINEER)
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
08-01-2025
DATE OF COMPLETION %
Executed by Engineer on 8-7-2025 r* %\ •• *tt1
DANIEL A. DOTSON r
jf A.:.. •109833Q
ti•..4 0
t � CENSER,,.••'��Nw
ttt 1
t8IQN 6��
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Elite Contractors&Equipment,LTD
(Name of Contractor)
TO: City of Port Arthur
(Owner)
REFERENCE CONTRACT NO.: P23-057
CONTRACT ENTERED INTO THE 6th DAY OF November 2023_ BETWEEN THE
CITY OF PORT ARTHUR AND Elite Contractors&Equipment,LTD
OF Kirbyville,Texas
FOR THE PROJECT Sabine Pass Mechanic Street&South 1"Avenue Roadway Reconstruction Project
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
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 1 and 2 ,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.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 'r- day of
to �,� k ,2025.
Eli (b, -rca:/3 Jt Lc-la/Po- ,- l,To
(SEAL} (Contractor)
BY:
(Signature)
C Ok I I' s PCC‘;eeI Mano9r(
(Printed Name/Title of Officer)
•
'reek , being first duly sworn on oath,deposes and says,First,that,he/she is the
(Aff ant)
C\.3N r of tit- CO(4-r,d1-4r iP�
,
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as p{<'. e(3 iAXIItkeit'C-
(Title
of 0:It- C0.n4-17,/17.-5 A t tp,p, of
(Name of Company)
Affiant further states that the matters and things stated herein are true.
( rant)
Subscribed and sworn to before me this 8 day of F1UUusf ,2025.
My commission expires I D).11 ao as
kaniu.a.
Monica Ann Kelley 1 -
My Commission Expires t NOTARY
+ 10121tary 25 1334042J0
Notaryy ID
...7P; 2
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: Elite Contractors&Equipment,LTD
(Name of Contractor)
TO: City of Port Arthur
(Oivner)
REFERENCE CONTRACT NO.: P23-05 7
CONTRACT ENTERED INTO THE 6th DAY OF_November 2023 BETWEEN THE
CITY OF PORT ARTHUR AND Elite Contractors&Equipment,LTD
OF Kirbyville,TX
FOR THE PROJECT_Sabine Pass Mechanic Street&South 1st Avenue Roadway Reconstruction Project_
KNOW ALL MEN BY THESE PRESENTS:
1.) - Elite Contractors&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&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 day of
ile.)1" ,2025.
1 e CoN\ A Fr IPvie LTQ
{SEAL} (Contractor)
BY: tz,§r9—
•
(S na welt
Coc)\,1 Eli, s Pro',e
c tv\r 9e r
(Printed Name/Title of Officer)
1-Warranty
l2(e.C. . 51-2LAj , being first duly sworn on oath, deposes and says, First,that,he/she is the
(Affiant)
QW1ler of CI e Pviek-4 tT()
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as P(c>)e— tito,'t C (—
(Title)
of Cl LrO
(Name of Company)
Affiant further states that the matters and things stated herein are true.
( ant)
Subscribed and sworn to before me this 0 day of A U St ,2025.
My commission expires 1O1DI I aoa5
.114,151a gAter
► --- - - ----- - - 4 NOTARY
Monica Ann Kelley I
1 • My Commission Expires
1 10/21/2025
Notary ID
133405420
2-Warranty
EXHIBIT E
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Elite Contractors &Equipment, LTD
TO: City of Port Arthur
FOR: Sabine Pass Mechanic Street& South 1st Avenue Roadway Reconstruction Project
REFERENCE CONTRACT NO. P23-057 ENTERED INTO THE 6th
DAY OF November , 2025, BETWEEN THE CITY OF PORT ARTHUR
AND Elite Contractors &Equipment,LTD
(CONTRACTOR)
OF Kirbyville, Texas
(CITY/STATE)
FOR: _Sabine Pass Mechanic Street& South 1st Avenue Roadway Reconstruction Project_
(PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. Elite Contractors & 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
t' day of Au.y4,Sk , 2025.
COMPANY
SEAL.
Elite Contractors & Equipment,LTD_
(COMPANY NAME)
'7":1WNER,SIGNATURETTITLE)
3-d le c, � .Shi l s
(PRINT)
SUBSCRIBED AND SWORN to before me this $ day of Auic List .
2025.
My commission expires f a .1 a035
(DATE)
jrV XYYN-A:,C. -
0Monica Ann Kelley l (NOTARY PUBLIC)
My Commission Expires I
No?ery20Ds I
133405420 I
EXHIBIT F
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: Sabine Pass Mechanic St. & South 1st Ave. Reconstruction Project
Location: Sabine Pass, 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: 1,1‘"4-
Print: Lud`1 611 5
Date: '5 l
Sworn to and subscribed to me, a
Notary Public, this 3 day of Atlq U S`� , 2025.
(Notary Public) t Monica Ann Kelley
* * My CoNotmmixpires
r�y2 ssion p5
E
My Commission Expires: 10 I aft j _045 1334a054 20
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Fittz & Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
Terry G.Shipman,P.E.,Senior Consultant Daniel A.Dotson,P.E.,President
Bernardino D.Tristan,P.E.,Chief Executive Officer Donald R.King,P.E.,Vice President
September 8, 2025
Dr. Hani Thome, PhD, P.E
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
RE: Sabine Pass Mechanic Street&South 15t Ave Roadway Reconstruction Project
F&S Project No. 22099.0000
Retainage
Dear Dr. Thome,
Attached is the Retainage Request for the above referenced project.
The total value of work completed and materials installed to date amounts to $2,725,485.00 with previous
payments of$2,589,210.75. The remaining 5% retainage, in the amount of$136,274.25 is now due.
The final walkthrough was conducted on August 1, 2025 with representatives from both the City of Port
Arthur and TXDOT. The project was accepted and approved by both parties. Based on this acceptance,
we are recommending the release of the retainage in the amount of$136,274.25 as final payment for the
project.
Should you have any questions regarding this retainage request or any other matter, please feel free to
contact me.
Sincerely,
Fittz &Shipman, Inc.
V uto-
Alberto C. Elefano, PE
For the Firm
1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 7760•Texas Board of Professional Land Surveyors Firm No. 100186
EXHIBIT H
City of
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7exus
www.PortArthurTx.gov
CERTIFICATE OF COMPLETION
Project: THE SABINE PASS MECHANIC STREET AND S. 1sT AVENUE ROADWAY IMPROVEMENT
PROJECT
Project No. ST1P90.CON
To: All Concerned
I HEREBY CERTIFY THAT this project was completed on July 1, 2025 and that the work was under
periodic inspection during construction by the City Engineer. 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 the Engineering Division.
Submitted by:
Ka tivJar 4 — g-Zo Zs
Suhail Kanwar, PE Date
Director of Public Services/City Engineer
"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
r
EXHIBIT I
CITY OF PORT ARTHUR, TEXAS
ENGINEERING DIVISION
CERTIFICATE OF ACCEPTANCE FOR...
THE SABINE PASS MECHANIC STREET AND S. 1ST AVENUE
ROADWAY IMPROVEMENT PROJECT
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 Mechanic Street and S. Pt Avenue Roadway Improvement Project on the basis of the
recommendation of the City of Port Arthur's Engineering Division and receipt of the Certificate
of Completion,the Engineer's Certificate of Completion,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 Bills Paid.
Ron Burton, CPM Date
City Manager
Sherri Bellard Date
City Secretary
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