HomeMy WebLinkAboutPR 24871: SABINE AVE. REHABILIATION PROJECT CLOSE-OUT e
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 01, 2026
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM, City Manager
From: Suhail Kanwar,P.E.,M.S., CFM,Director of Public Services/City Engineer
RE: PR No. 24871: Rehabilitation Project—Sabine Ave to Neches Ave., Close-Out Documents and
Release of Retainage for PaveCon, LTD, of Houston, Texas Project No. ST5095.CON Street
Capital Account No. 307-00-000-2050-00-00-000.
Introduction:
The intent of this agenda item is to authorize the City Manager to accept the Close Out Documents and release the
retainage in the amount of$21,469.63 with PaveCon, LTD, of Houston, Texas (PaveCon), for the 13th Street
Rehabilitation Project— Sabine Avenue to Neches Avenue. Project No. ST5095.CON Street Capital Account
No. 307-00-000-2050-00-00-000.
Background:
Due to the large number of streets needing repair, Purchasing has looked for additional ways to bring in more
contractors to repair streets. Purchasing found PaveCon as contractor on the BuyBoard Cooperative Contract
for road repair. Purchasing and Engineering met with the PaveCon representative and requested a quote for the
rehabilitation 13th Street.PaveCon also met with Water Utilities for utility work needed on 13th Street.PaveCon
submitted a quote in the amount of$406,888.63 for this work.
Pursuant to Resolution No. 25-312, City Council awarded the construction contract to PaveCon for a contract
amount of$406,888.63 for the rehabilitation of 13th Street, extending from Sabine Avenue to Neches Avenue,
at either end of the street.
Pursuant to Resolution No. 26-104,Change Order No. 1, approved by the Port Arthur's City Council,for the placement
and compact 6"flexbase for$23,872.10 and the installation of a manhole at Sabine Ave for($23,872.10).The manhole
at Sabine Avenue is a line item detailed on the original bid sheet,but due to the manhole being in very good condition,a
new one will not be installed.These changes have no impact to the contract price.
"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
S:\Engineering\PUBLIC WORKS\P W-ENGINEERING\C.I.P.PROJECTS\Year 2025\13TH ST REHAB-PAVECON\Closeout Documents\Agenda\Agenda Memo_PaveCon_13th Close-Out.docx
The 13th Street Rehabilitation Project discovered that due to the raising of road elevation an additional 4" —
resident driveways will need to be raised to match the new elevation of the roadway. Field Order No. 1 informed
the City Manager of the work that was required with the understanding that it would go to the Port Arthur City
Council in the form of Change Order No. 2.
Pursuant to Resolution No. 26-105, Change Order No. 2 was approved by the Port Arthur's City Council for the 4"
concrete driveways and eight asphalt driveways,that increased the contract amount of$406,888.63 by$22,504.00, to a
new contract amount of$429,392.63.
Public Services-Engineering has received Close Out Documents from PaveCon,that includes the Certificate of
Substantial Completion dated March 05,2026 and establishing completion as of April 20,2026,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,PaveCon,LTD, of Houston,Texas is asking for the
release of retainage in the amount of$21,469.63.
Budget Impact:
Street Capital Improvements Account No. 307-00-000-2050-00-00-000. Project No. ST5095.CON.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 24871 authorizing the City
Manager to accept the Close-out documents and release the retainage in the amount of$21,469.63 for PaveCon,
Ltd.,regarding the Rehabilitation Project—Sabine Avenue to Neches Avenue.
"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 24871
06/01/2026 RLD
Page 1 of 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CLOSE-
OUT DOCUMENTS SUBMITTED BY PAVECON LTD, OF HOUSTON, TEXAS
AND APPROVE THE RELEASE OF RETAINAGE IN THE AMOUNT OF
$21,469.63 FOR THE 13TH STREET REHABILITATION PROJECT-SABINE
AVENUE TO NECHES AVENUE. PROJECT NO. ST5095.CON. STREET
CAPITAL ACCOUNT NO.307-00-000-2050-00-00-000.
WHEREAS, the Engineering Department, based on historical data and roadway condition
assessments, identified various City streets in deteriorated condition and recommended them for
reconstruction, remediation, or rehabilitation, which recommendations were duly presented to the City
Council for review and consideration; and,
WHEREAS, in light of the volume of required street rehabilitation, the Purchasing Division
explored additional procurement options to expand contractor participation, including the utilization of
cooperative purchasing contracts; and,
WHEREAS, the Purchasing, Utilities, and Engineering Departments jointly identified PaveCon,
Ltd. as a qualified vendor through the BuyBoard Cooperative Purchasing Program; and,
WHEREAS, said departments provided PaveCon, Ltd. with a bid table and layout, along with
the City of Port Arthur's standards and specifications, in order to obtain a cost proposal for the
rehabilitation of 13th Street, extending from Sabine Avenue to Neches Avenue, at either end of 13th
street; and,
WHEREAS, PaveCon, Ltd. submitted a BuyBoard-compliant proposal in the amount of
$406,888.63 for the rehabilitation of 13th Street, extending from Sabine Avenue to Neches Avenue, at
either end of 13th Street; and,
PR 24871
06/01/2026 RLD
Page 2 of 5
WHEREAS, staff from the Utilities and Engineering Departments reviewed the cost proposal
submitted by PaveCon, Ltd. and determined that the proposed pricing is competitive with similar
projects recently bid; and,
WHEREAS, Chapter 271 Subchapter D, of the Texas Local Government Code authorizes
municipalities to participate in cooperative purchasing programs through a resolution adopted by their
governing bodies, including programs such as (BuyBoard), as an alternative to the formal bidding
process; and,
WHEREAS, pursuant to Resolution No. 25-312, the City of Port Arthur entered into a
construction contract with PaveCon, Ltd., of Houston, Texas, for the amount of $406,888.63, for the
rehabilitation of 13th Street, extending from Sabine Avenue to Neches Avenue, at either end of 13th
Street; and,
WHEREAS, pursuant to Resolution No. 26-104, Change Order No. 1, approved by the Port
Arthur's City Council, for the placement and compact 6" flexbase for$23,872.10 and the installation of
a manhole at Sabine Ave for ($23,872.10). The manhole at Sabine Avenue is a line item detailed on the
original bid sheet, but due to the manhole being in very good condition, a new one will not be installed.
These changes have no impact to the contract price; and,
WHEREAS, pursuant to Resolution No. 26-105, Change Order No. 2 was approved by the Port
Arthur's City Council for the 4" concrete driveways and eight asphalt driveways, that increased the
contract amount of$406,888.63 by$22,504.00,to a new contract amount of$429,392.63; and,
WHEREAS, on March 05, 2026, City staff completed the punch list and issued a `Substantial
Completion' letter to PaveCon, Ltd. On April 20, 2026, PaveCon, Ltd. completed all the items on the
punch list; and,
PR 24871
06/01/2026 RLD
Page 3 of 5
WHEREAS, PaveCon, Ltd., of Houston, Texas, has submitted the Certificate of Substantial
Completion dated March 05, 2026 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), the
Contractor's Certificate of Warranty (Exhibit C), the Contractor's Certificate of Guarantee (Exhibit D);
and the Contractor's Affidavit of Debts Paid(Exhibit E); and,
WHEREAS,the retainage for the project is 5% of the work completed and billed,the Release of
Retainage has been submitted by PaveCon, Ltd., of Houston, Texas, for the amount of$21,469.63, see
(Exhibit F); and,
WHEREAS, PaveCon, Ltd., of Houston, Texas, has completed the contracted project to the
satisfaction of the City Engineer and the City Engineering staff, see(Exhibit G); and,
WHEREAS, approval of PR 24871 and 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 March 05, 2026 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), the
Contractor's Certificate of Warranty (Exhibit C), the Contractor's Certificate of Guarantee (Exhibit D);
and the Contractor's Affidavit of Debts Paid(Exhibit E); and,
PR 24871
06/01/2026 RLD
Page 4 of 5
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 G) for the completion of the 13th Street
Rehabilitation Project-Sabine Avenue to Neches Avenue; and,
THAT,the Release of Retainage be paid to PaveCon, Ltd., of Houston, Texas, for the amount of
$21,469.63 (Exhibit F), Account No. 307-00-000-2050-00-00-000; and,
THAT, a copy of the Resolution shall be spread upon the Minutes of the City Council.
READ,ADOPTED AND APPROVED this the day of ,A.D., 2026, at a
of the City Council of the City of Port Arthur, Texas,by the following vote:
Ayes:_ Mayor:
Councilmembers:
Noes:
Charlotte M. Moses
Mayor
ATTEST:
Christe Whitley Ned,TRMC,
City Secretary
PR 24871
06/01/2026 RLD
Page 5 of 5
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION
lam,!
Roxanne Pais Cotroneo,Esq. Ron o CPM
City Attorney City Manager
APPROVED AS TO AVALIABILITY OF FUNDS:
yn (Lyn)Boswell,MA,ICMA-CM
Finance Director
-Ct./A-4;i K.04,a-t ar -
Suhail Kanwar,PE
Director of Public Services/City Engineer
41,40
Clifton illiams,CPPB
Purchasing Manager
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: 25-3t _
Project Name: _ /344 S6. ?w,,NtictlikinPovt, _
- -
Contactor: Ovicho 1-112."Cio- - _ _
VII
Description of Work: _ 41 es 034 A *00,At...M4.
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as 03/a5it(9.
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 listof items to be completed or corrected,prepared by the CONTRACTOR and verified and amended by -
ENOtt•rntg,;is attached hereto The failure to include any items on such list does notowthelw,oli§ibili*of
the CONTRACTOR to complete all work in accordance with the contract!documents.The,CONTRACTIA 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.
gige&oz
guecovt kTPC-0.
- .-
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR ACCEPTANCE.
SIGNATURE 'DIA1(6
ENGINEER NAME
TE
The City of Port Arthur accepts the work as Substantially Complete.City of Port Arthur,Department of Public
Services.
qte CIZY t R -
AITI7 244°mi-14— _
PROJECT MANAGER DATE
a;e - “Aae- /rekne-trov q/2-14
CITY ENGINEER SIGNATURE DATE
_ - -
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
�), =
T FROM:, : a tic L-co_ P__Co. - -- - --
(Name of Contractor)
TO: ct 'oc 191%r AVAkiwf - - - - -
(Owner)
REFERENCE CONTRACT NO:f, 2 c- 312
CONTRACT ENTERED INTO THE Z�l DAY OF . Zo a S. BETWEEN THE
CITY OF PORT ARTHUR AND , Ave-Go vt LTD Ca.
OF tiSto.�n�
FOR THE PROJECT ./?)'-St. _gal-
IN t 41. i-e v-
KNOW ALL MEN BY THESE PRESENTS:
The tiridpr§i'grie'd'h'e'tebycertifies 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. -.. mote, - _ - -
b. - - -
(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 ,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 I 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 2":).- _ =day of
RRIV)\ - ;2026.
r. A - 00 ' L G
{SEAL} ,jCantr__ . .
+. 9 B'
� irihrre_
a*a'�°10 ANNETTE STEPHENS
;�Il�; Notary ID#2579980 )
,i 0' My Decemberion 21,2026 Expires ) at) C� }
i s \I 2 vI\ F(1-L=s1n 3
'�" `--"" - ""-.22?..3' • (Printed Name/Title of Officer)
ot• V Q.c). _,;being first duly.sworn on oath,deposes and says,First,that,he/she is the ,
a '' (A ant). .4 .,. .1, ,. 'ry. it 3 v� t , 4 . t .....i•i. E a}....i,.x4.-t.i
1 1
\iiV2ra n. r of ' Ceu:7 L ) Co - - - 1.
(Title) (Name ofCompany) .
Second,that he/she has read the foregoing certificate by him/her subscribed as, U ` - _
(Title)
of . FA1jlaC Ok) LT C O.,
(Name of Company)
Affiant further states that the matters and things stated herein ar` e:.
ari0
Subscribed and sworn to before me this T_ '.1 .day of B. R.\kL _ _ 2026.
�y (
My commission expires l dam' \ :Re__ _ _ -
NOTARY
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM:. T u eovt . 1V: C o -
� tt (Name of Contractor)
TO:• j 6 ~foil-t J"tY`'C IA;
(Owner)
REFERENCE CONTRACT NO.: 2.5-312
CONTRACT ENTERED INTO THE 2.i DAY OF "SKly 2025 BETWEEN THE
CITY OF PORT•ARTHUR AND -Avtrt'c ov LTD
OF 'T =
FOR THE PROJECT,_ .i3+47_ St. 1�ZW6, r1d 4-0(1 e7" -
KNOW ALL.MEN BY` ESE PRESENTS:
.
does hereby arantee 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
�Csov�LTQ•�,, ,:and with the knowledge that it will be relied upon in
(Name of,Corifra-cia0
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_,., d� _ day of
cAML _ ,2026.
c--
{SEAL} _ -„ r..ucttit
Imaridlhasabalholle
4 �raY vpe. ANNETTE STEPHENS M BY.
1 i���6• Notary ID#2579980 k t _ailitre�`,
�p� �;4 My Commission Expires M
ce - December 21,2026 it
(PrintedNarne/Title of Officer)
1-Warranty
„being first duly sworn on oath,deposes and says,First,that,he/she is the
(Affialit)-- -
)411Gt.7 Vvctur of 13.412 .03:
(Title) (Name of Company) '
Second,that he/she has read the foregoing certificate by him/her subscribed as
(Title)
of N312_e.
(Name of Company)
” Afff.thlit further states that the matters and things stated herein are truq.
(Affiant)
_ ORAL
Subscribed and sworn to before me this day of_ octiaL
My commission expires
NOTARY
2-Warranty
. . _
EXHIBIT D
Y �
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Peci/cco - - _ - -
TO: CY, et P✓ /441u14
FOR: iS f li Siire otk PeNaN9. -
REFERENCE CONTRACT NO. __ Z5",:_312_ _ENTERED INTO THE 2 g
DAY OF ; y ,,2025,BETWEEN THE CITY OF PORT ARTHUR
AND :Y uc.cow, LT CQ - - -
(CONTRACTOR) -
OF
(CITY/STATE)
FOR: 13,4k. SE. tie\ab. - -
(PROJECT) - -
KNOW ALL MEN BY TIIESE PRESENTS:
1. Fa cMA LTD. Csp. 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
91" ,day of Pi tAy .,;2026.
c( pANy
VitMeca, 1-1r9
(COMPANY NAME) -
1VA4qv
(OWNER,SIGNATURE/TITLE)
/1(.(S+0,VtWeAr,C,t,. fP' t‘ 1Pk 4-5
(PRINT)
SUBSCRIBED AND SWORN to before me this . day of
24:
My commission expires _
(DATE)
gto,abile I 1
ANNETTE STEPHENS
Notary ID#2579980 11
0„,rak: My Commission Expires • ' : . FJD
"1.4%3E-1°' December 21,2026
-asmecron (NOTARY PUBLIC)
N.(fro\RY
EXHIBIT E
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: .Rehab
Location: Port Arthur;Teas
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: %rr'S1• 1-Ye.Y-t c
Date: 'j)ia/Z.02 s, - .,
Sworn to and subscribed to me,a
Nota4 ,ry Public,this. cW)-1\_ day of. L „2026.,
.T. f �, OM- AIL_J4_An. a s r a s w a+
1� ,( I ;�sc�Y'Pt, ;.. ANNE'ITE STEPHENS
� ��' `t °��°' 2579980 4i
�� � z__ll_ � Notary ID#
(Notary Public) 4 .N.. 47rt My Commission Expires
•oF December 21,2026 ::
My Commission Expires: 1 -1 _ —'
EXHIBIT F
``AX,rze'% JOCELYN MONTEZ
_r? :0 Notary Public,State of Texas
�/4 ``�,` Comm.
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EXHIBIT G
ENGINEER'S CERTIFICATE OF COMPLETION
Project: AA ...e,4191c}' i►::.1 .4.: sr,.in
Date of Issuance: _ 0 yI Zo120 2& _ - _ _ _- -
Owner(s): City of Port Arthur
Owner's Project Number:;_ _ _ _
Engineer:, 1 __ -
Contractor: Gcc,y. .L., (•r,� -• - -- -
? 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: _. SOM-IL K,4AI/"J 4i - _ _ _ __ ..
(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
DATE OF COMPLETION
Executed by Engineer on,zicataLe 1' `r2
4i U1