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HomeMy WebLinkAboutPR 24464: ACCEPTANCE OF CLOSE OUT DOCUMENTS, SETEX CONSTURCTION CORP., REPAIRS TO THE PLEASURE LSLAND CONDOW ON PLEASURE ISLAND V www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 8, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: George Davis,Director of Pleasure Island RE: P.R. No. 24464 — Acceptance of Close Out Documents Submitted by SETEX Construction Corp. for the Completion of repairing the Pier and Gazebo at 800 Lakefront Dr. (Boat Launch), the South Levee Park piers and bridge, and the pier adjacent to the Pleasure Island Condos on Pleasure Island. Introduction: The intent of this agenda item is to request the City Council's approval of P.R. No. 24464 authorizing the acceptance of close out documents submitted by SETEX Construction Corp. of Beaumont, Texas and approve the release of retainage in the amount of $11,224.00for the repairing of the Pier and Gazebo at 800 Lakefront Dr. (Boat Launch),the South Levee Park piers and bridge and the pier adjacent to the Pleasure Island Condos on Pleasure Island. Background: Pursuant to Resolution No. 25-114, the City of Port Arthur entered into a contract with SETEX Construction Corp. of Beaumont, Texas, in the amount of $227,484.00, inclusive of a contingency allowance of$10,554.57, for the repair of three City facilities: 1. Pier and gazebo located at 800 Lakefront Drive(Boat Launch). 2. Piers and pedestrian bridge located at South Levee Park; and 3. Pier adjacent to the Pleasure Island Condominiums. The contractor completed the project at an initial cost of$217,184.36.After completion,portions of the deck boards were damaged by fire, and additional boards required replacement. SETEX Construction Corp. recommended these repairs and submitted Change Order No. 1 to utilize $6,995.64 from the contingency allowance. The adjusted total contract amount is$224,180.00 a net decrease from the original approved contract sum. Close-Out Documentation: SETEX Construction Corp. has provided the required close-out documents, including: • Certificate of Substantial Completion(July 16, 2025) • Contractor's Certificate and Release • Contractor's Certificate of Warranty • Contractor's Certificate of Debts Paid • Engineer's Certificate of Completion • Contractor's Certificate of Guarantee The work has been inspected and accepted by City staff, including the Pleasure Island Department. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Budget Impact: Funding in the amount of$11,224.00 is available in account number 450-00-000-2050-00-00- 000. Recommendation: It is recommended that the City Council approve P.R. No. 24464, authorizing the acceptance of close out documents submitted by SETEX Construction Corp. of Beaumont, Texas and approve the release of retainage in the amount of$11,224.00for the repairing of the Pier and Gazebo at 800 Lakefront Dr. (Boat Launch), the South Levee Park piers and bridge and the pier adjacent to the Pleasure Island Condos on Pleasure Island. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R.No. 24464 10/3/25 gd-tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH SETEX CONSTRUCTION CORP. OF BEAUMONT, TEXAS, WHICH UTILIZED $6,995.64 FROM THE PROJECT'S CONTINGENCY FUND TO COVER REPAIRS TO BURNED DECK BOARDS, INSTALL CAPS AND REPLACE ADDITIONAL DAMAGED BOARDS; AND FURTHER AUTHORIZING THE ACCEPTANCE OF CLOSE OUT DOCUMENTS AND THE APPROVAL OF FINAL PAYMENT IN THE AMOUNT OF $11,224.00; AND NOTING THAT THE OVERALL PROJECT COST RESULTED IN A DECREASE OF THE ORIGINAL CONTRACT AMOUNT FROM $227,484.00 TO A NEW TOTAL CONTRACT AMOUNT OF $224,180.00, FOR THE COMPLETION OF THE PIER AND GAZEBO AT 800 LAKEFRONT DRIVE (BOAT LAUNCH), THE SOUTH LEVEE PARK PIERS AND BRIDGE AND THE PIER ADJACENT TO THE PLEASURE ISLAND CONDOS; FUNDING IS AVAILABLE IN RETAINAGE ACCOUNT NUMBER 450-00-000-2050-00-00-000 WHEREAS, pursuant to Resolution No. 25-114, the City of Port Arthur entered into a contract with SETEX Construction Corp. of Beaumont, Texas, in an amount not to exceed ($227,484.00), inclusive of a contingency allowance of$10,554.57, for the repair of the pier and gazebo at 800 Lakefront Drive (Boat Launch), the South Levee Park piers and bridge, and the pier adjacent to the Pleasure Island Condominiums; and WHEREAS, the project was initially completed at a cost of $217,184.36; however, subsequent fire damage to deck boards required the replacement of additional boards and the installation of caps, as recommended by the contractor; and WHEREAS, SETEX Construction Corp. submitted Change Order No. 1, attached hereto as Exhibit "A", requesting the use of$6,995.64 from the contingency allowance to address the unforeseen repairs, resulting in an adjusted total contract amount of $224,180.00, a reduction from the original contract sum; and WHEREAS, SETEX Construction Corp. has submitted its final invoice together with all required close-out documentation, including: the Certificate of Substantial Completion dated July 16, 2025 (Exhibit "B"), the Contractor's Certificate and Release (Exhibit "C"), the Contractor's Certificate of Warranty (Exhibit "D"), the Contractor's Certificate of Debts Paid (Exhibit "E"), the Engineer's Certificate of Completion (Exhibit "F"), and the Contractor's Certificate of Guarantee (Exhibit "G"); and P. R.No. 24464 10/3/25 gd-tnr WHEREAS, the work has been inspected, verified, and accepted as complete to the satisfaction of City staff, including the Pleasure Island Department (Exhibit"H"); and WHEREAS, the City Council finds it in the best interest of the City to accept the project close-out documentation, approve Change Order No. 1, and authorize the release of retainage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. The City Council hereby approves and authorizes the City Manager to execute Change Order No. 1 (Exhibit "A") and to formally accept the Certificate of Substantial Completion dated July 16, 2025 (Exhibit "B"), together with all supporting close-out documents (Exhibits "C"through "G"). Section 3. The City Council hereby authorizes the release of retainage in the amount of($11,224.00) to SETEX Construction Corp., as set forth in Exhibit "H." Funding is available in Retainage Account Number 450-00-000-2050-00-00-000 Section 4. The City Manager is further authorized to execute the Certificate of Acceptance (Exhibit "I") on behalf of the City of Port Arthur, thereby formally acknowledging completion of the repairs to the pier and gazebo at 800 Lakefront Drive (Boat Launch), the South Levee Park piers and bridge, and the pier adjacent to the Pleasure Island Condominiums. gg Section 5. 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., 2025, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) ; Councilmembers: ; • NOES: P. R.No. 24464 10/3/25 gd CITY OF PORT ATHUR: Charlotte M. Moses, Mayor ATTEST: APPROVED O FORM: Sherri Bellard, Roxann Pais Cotroneo, iV Et; -) Pe'k- City Secretary City Attorney ADD irt CO%R.-ii1;i6,icti;�1►� APPROVE d '•R ADMINISTRATION: .41111, Ronald Burton,w' eorge Davi , MA,CPM City Manage Director of Pleasure Island APP ED AS TO THE AVAILABILITY OF FUNDS: C'e Y Y )Bos >L n ICMA 1 Clifton . Williams,Jr., Director of Finance Purchasing Manager INTEROFFICE MEMORANDUM Date: August 8, 2025 To: Roxann Pais Cotroneo, City Attorney From: Toria N Rotibi, Internal Contact Specialist 'C� RE: Summary of Agenda Item—P.R. No. 24464 SETEX Construction Corp.) Purpose: The City Council is being asked to accept the close-out documents for the SETEX Construction contract and authorize the release of retainage in the amount of$11,224.00 for repairs made to three City facilities: 1. Pier and gazebo at 800 Lakefront Drive(Boat Launch) 2. Piers and pedestrian bridge at South Levee Park 3. Pier adjacent to the Pleasure Island Condominiums Background: • The original contract was approved under Resolution No. 25-114 in the amount of $227,484.00 (which included a contingency allowance of$10,554.57). • SETEX completed the project at a reduced cost of$217,184.36. • After completion, fire damage required additional deck board replacement. Change Order No. 1 used $6,995.64 from the contingency allowance. • The adjusted total contract amount is $224,180.00, representing a net decrease from the original approved sum. Close-Out: SETEX has submitted all required close-out documents, including completion, warranty, and payment certifications. City staff and the Pleasure Island Department have inspected and accepted the work. Financial Impact: Funds for the release of retainage ($11,224.00) are available in account 450-00-000-2050-00-00- 000. P. R.No. 24464 10/3/25 gd EXHIBIT "A" (Change Order No. 1) ept-blLI4 fim.,A AChange Order #01 a_d- a5-I 5ETEX Proposal 0101111 rONSTN r, 07/09/2025 George Davis Director of Pleasure Island Pleasure Island 520 Pleasure Pier Blvd. Port Arthur, TX Subject: Change Order-01 (Additional Pier Repairs) Project: Pleasure Island Pier Repairs Project Additional Scope: 1. Level T dock = $860.00 2. Install additional boards marked by Setex, greater than original scope of 25% = $5,475.64 3. Repair new burns (6) deck board and (2) 2x12 caps = $660.00 ITotal Price: $ 6,995.64 Six Thousand Nine Hundred and Ninety-Nine Dollars and Sixty-Four Cents Time: Repairs will be completed 7/9 thru 7/11. Attachment(s): none Please contact me at 409-730-3460181 or via e-mail pauly©setexconstruction.com if you have any questions or require additional information. Regards, SETEX Construction Paul Young Project Manager/Estimator ACCEPTANCE OF PROPOSAL The Scope of Work described above supersedes any and all prior communication about this Change. f Customer Signature:._ _ 7_ _ t --:..-__s- Date: _ Directort Pleasure Island Contusion Date: Ron Burton, CPM, City Manager P. R.No. 24464 10/3/25 gd EXHIBIT "B" (Certificate of Substantial Completion) CERTIFICATE OF SUBSTANTIAL COMPLETION Purchase Order No.: Project Name: Repair of Piers and Deck on Pleasure Island Contractor: SETEX Construction Corp Description of Work: Repair the Piers,Gazebo and deck located at 800 Lakefront drive The work performed under this contract has been reviewed and found to be substantially complete.The date of substantial completion is hereby established as 7//14/ k QS . KNOW ALL MEN BY THESE PRESENTS: I.) 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 Contr Documents the CONTRACTOR is responsible for maintenance, utilities and insurance. SETEX Construction Corp / ` 8-7-25 CONTRACTOR NAME SIGNATU E DATE RECOMMENDED FOR ACCEPTANCE ENGINEER NAME SIGNATURE DATE The City of Port Arthur accepts the work as Substantially Complete.City of Port Arthur, Department of Parks and Recreation. PROJECT MANAGER SIGNATURE DATE CITY ENGINEER SIGNAT E DATE PLEASURE ISLAND DIRECTOR SI N TU E DATE P. R.No. 24464 10/3/25 gd EXHIBIT "C" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: SETEX Construction Corp (Name of Contractor) TO: City of Port Arthur,Tx (Owner) REFERENCE CONTRACT NO.: PI0006 /25-114 CONTRACT ENTERED INTO THE 12th DAY OF May,2025 BETWEEN THE CITY OF PORT ARTHUR AND SETEX Construction Corp OF Port Arthur,TX FOR THE PROJECT Repair of the Piers and Deck on Pleasure Island 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$ 0.00 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 1 ,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 10th day of October ,2025. SETEX Construction Corp {SEAL} (Contractor) BY: (Signature) Nathan Rivers,President (Printed Name/Title of Officer) Nathan Rivers , being first duly sworn on oath,deposes and says,First,that,he/she is the (Affiant) President of SETEX Construction Corp (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as President (Title) of SETEX Construction Corp (Name of Company) Affiant further states that the matters and things stated herein are true. Nathan Rivers (Affiant) Subscribed and sworn to before me this 10th day of October ,2025. My commission expires 2-4-25 C-1--1....\ \J `oti', "1"//, SHANNAN MICHELLE ESTES _r; ;onNctary Public,State of Texas NOTARY %A••' ••T� Comm.Expires 02-04-2028 Notary ID 132342865 2 P. R.No. 24464 10/3/25 gd EXHIBIT "D" (Contractor's Certificate of Warranty) CONTRACTOR'S CERTIFICATE OF WARRANTY FROM: SETEX Construction Corp (.'tame of Contractor) TO: City of Port Arthur,TX (Owner) REFERENCE CONTRACT NO.: #25-114 CONTRACT ENTERED INTO THE 12th DAY OF May, 2025 BETWEEN THE CITY OF PORT ARTHUR AND SETEX Construction Corp OF Port Arthur,TX FOR THE PROJECT Repair of Piers and Deck on Pleasure Island KNOW ALL MEN BY THESE PRESENTS: 1.) SETEX Construction Corp. 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 SETEX Construction Corp ,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 7th day of August 2025. SETEX Constructio Corp. (SEAL} (Contractor) BY: (Signature) Nathan Rivers, President (Printed,Vane/Title of Officer) 1-Warranty Nathan Rivers , being first duly sworn on oath, deposes and says, First,that,he/she is the (Affiant) President of SETEX Construction Corp (Title) (Name of Company) Second,that he/she has read the foregoing certificate by him/her subscribed as President (Title) of SETEX Construction Corp (Name of Company) Affiant further states that the matters and things stated herein are true. Nathan Rivers (Affiant) Subscribed and sworn to before me this 7th day of August ,2025. My commission expires 2-4-28 `\NY p4 S ANNAN M►CHELLE ESTES ,�OTAR?` H ' •-Notary Public,State of Texas Comm.Expires°2 04-2028 NotatY ID 132342$65 2-Warranty P. R.No. 24464 10/3/25 gd EXHIBIT "E" (Contractor's Certificate of Debts Paid) CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID Project: Repair of Piers and Deck on Pleasure Island 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: • Print: Nathan Rivers Date: 10-10-25 Sworn to and subscribed to me,a Notary Public,this 10th day of October ,2025. SHANNAN MICHELLE ESTES 1 '..G`� Notary public.State of Texas tary Publ ?9; +; Comm.Expires 02-04-2028 Notary ID 132342865 'pnn` My Commission Expires: 2-4-28 P. R.No. 24464 10/3/25 gd EXHIBIT "F" (Engineers Certificate of Completion) ENGINEER'S CERTIFICATE OF COMPLETION Project: Piers and Gazebo Repairs Date of Issuance: August 8, 2025 Owner(s): City of Port Arthur Owner's Project Number: 25-114 Engineer: Golden Triangle Consulting Engineers 85 Interstate 10 Frontage Road Suite 204A Beaumont, Texas 77707 Contractor: SETEX Construction Corp. 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: Golden Triangle Consulting Engineers (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 August 8, 2025 DATE OF COMPLETION Executed by Engineer on August 8. 2025 P.R.No. 24464 10/3/25 gd EXHIBIT "G" (Contractors Certificate of Guarantee) CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM: SETEX Construction Corp TO: City of Port Arthur FOR: Repair of Piers and Deck on Pleasure Island REFERENCE CONTRACT NO. PI0006 ENTERED INTO THE 12th DAY OF May ,2025, BETWEEN THE CITY OF PORT ARTHUR AND SETEX Construction Corp (CONTRACTOR) -- OF Port Arthur,TX (CITY/STATE) FOR: Repair of Piers and Deck on Pleasure Island (PROJECT) KNOW ALL MEN BY THESE PRESENTS: I, SETEX Construction Corp 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 ail 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 23rd day of July , 2025. SETEX Construction Corp (COMPANY NAME) President (OWNER.SIGNATURE/TITLE) Nathan Rivers (PRINT) SUBSCRIBED AND SWORN to before me this 23rd day of July 2025. My commission expires 2-4-28 (DATE) r`"vo'+•, SHANNAN MICHELLE ESTES Notary Public.State of Texas _ :-.W.TA4.1�= Comm.Expires 02-04-2028 (NOTARY LI .,,21,,o Notary ID 132342865 P.R.No. 24464 10/3/25 gd EXHIBIT "H" (Release of Retainage) m _-- 0 - 2 C Ic CO rn U a w+ C4 m pmn prp -3 0 ? m -3 -3 n z p Z na o � = — v g m m c9' C = �' d O 2 c -I z O C 3— aA a m -N ao z• -- I-1 0 o r ° c o -3 n o 0 O0o i A CO > m z, n' cC `° v, p rc n Z � o, O rri Z2 39 5g ° - -i pt t a- � m n n n i„ no to d -< nQ 2 1 -• xi 0, v' m • n G g' O O Za. , m a O c z o w � " aa ao > a c„ N la ctr a .- a n1vM ° mp c r a X cmy a s , 9. m & x nt a a d 3 NC) � o a b a n , rn0 a , m-3 ti1 Z � -JCz A -I X % OD X y n ni C co C)) m Q 4 2 & O. -� 4A 49 EA X ` 3. 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Ni jr N O N N C O O J — O �4 O 0 _ Ni co 0J. — b U O coN p _ O, N N O 0 0 O 8 0 0 0 0 P.R.No. 24464 10/3/25 gd EXHIBIT "I" (Certificate of Acceptance) CERHF'ICATE OF COMPLETION Date: August 8, 2025 Project: Repairing the Pier and Gazebo at 800 Lakefront Dr. (Boat Launch), the South Levee Park piers and bridge and the pier adjacent to the Pleasure Island Condos; Release of Retainage To: All Concerned I HEREBY CERTIFY THAT this project was completed on July 16, 2025 and that the work was under periodic inspection during construction by City staff. To the best of my knowledge, the project was repaired substantially in accordance with the plans and specifications. Submitt d by: George Davis, MA, CPM Director of Pleasure Island "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 7764 1-1 089 X 409.983.8182 X FAX 409.983.8294 CITY OF PORT ARTHUR, TEXAS PLEASURE ISLAND DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR Repairing the Pier and Gazebo at 800 Lakefront Dr. (Boat Launch), the South Levee Park piers and bridge and the pier adjacent to the Pleasure Island Condos To: SETEX Construction Corp. This document is to certify that the City of Port Arthur, Texas accepts the completion of repairing the Pier and Gazebo at 800 Lakefront Dr. (Boat Launch), the South Levee Park piers and bridge and the pier adjacent to the Pleasure Island Condos, based on the recommendation of the City of Port Arthur's Pleasure Island 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 SETEX Construction Corp. of Beaumont, Texas. Ron Burton, CPM City Manager Sherri Bellard City Secretary