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HomeMy WebLinkAboutPR 25002: EXCUTE CHANGE ORDER 1 TO ACCEPT CLOSE OUT DOCUMENTS FOR PLEASURE ISLAND PARK G'trgl,>3,p /y n„ nliti - Yr.t. www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 8, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: George Davis,Director of Pleasure Island .)CD RE: P.R. No. 25002 —Authorize the City Manager to execute Change Order No. 1, accept Close Out Documents and approve the final payment, in the amount of $23,203.61 to,Preferred Facilities Group for the completion of the Photo Op on Pleasure Island in Lakefront Park. Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 25002 authorizing the execution of Change Order No. 1,extending the time of completion one hundred and thirty-five days, with no cost increase, acceptance of the close out documents submitted by Preferred Facilities Group of Port Arthur, Texas and approve the release of retainage in the amount of$23,203.61 for the construction of a Photo Op on Pleasure Island in Lakefront Park. Background: Pursuant to Resolution 25-291, the City of Port Arthur entered into a contract with Preferred Facilities Group of Port Arthur, Texas for the construction of a Photo Op on Pleasure Island in Lakefront Park. After experiencing several delays related to the shipping of materials, construction, and installation,the project has now been completed. The retainage amount of$23,203.61 has been requested by Preferred Facilities Group of Port Arthur, Texas,who has submitted close out documents for this request. Budget Impact: Funding in the amount of$23,203.61 is available in Account Number 450-00-000-2050-00-00- 000. Recommendation: It is recommended that the City Council approve P.R. No. 25002 authorizing the execution of Change Order No. 1, extending the time of completion one hundred and thirty-five days, with no cost increase, acceptance of the close out documents submitted by Preferred Facilities Group of Port Arthur, Texas and approve the release of retainage in the amount of$23,23.61 for the construction of a Photo Op on Pleasure Island in Lakefront Park. "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.25002 06/08/26 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH PREFERRED FACILITIES GROUP OF PORT ARTHUR, TEXAS, EXTENDING THE CONTRACT TIME BY ONE HUNDRED THIRTY-FIVE (135) DAYS WITH NO INCREASE IN CONTRACT PRICE; ACCEPTING THE PROJECT AS COMPLETE; AUTHORIZING FINAL PAYMENT AND RELEASE OF RETAINAGE IN THE AMOUNT OF $23,203.61 FOR THE CONSTRUCTION OF THE PHOTO OP ON PLEASURE ISLAND IN LAKEFRONT PARK; AND AUTHORIZING THE EXECUTION OF ALL CLOSE- OUT DOCUMENTS; FUNDING IS AVAILABLE IN RETAINAGE ACCOUNT NO.450-00-000-2050-00-00-000. WHEREAS, pursuant to Resolution No. 25-291, the City Council authorized a contract with Preferred Facilities Group of Port Arthur, Texas, for the construction of the Photo Op on Pleasure Island in Lakefront Park in an amount not to exceed $464,072.00, including a contingency allowance of$23,203.61; and WHEREAS, during the course of construction, delays associated with the procurement, shipment, fabrication, construction, and installation of project materials resulted in the need for an extension of the contract time; and WHEREAS, Preferred Facilities Group submitted Change Order No. 1 requesting an extension of one hundred thirty-five(135) calendar days,with no increase to the contract amount as delineated in Exhibit"A"; and WHEREAS, the project has been completed and inspected, and the Certificate of Substantial Completion dated April 3, 2026, together with all required close-out documentation, has been reviewed and approved by City staff; and WHEREAS, Preferred Facilities Group has submitted the final invoice and the Certificate of Substantial Completion dated April 3, 2026 for the work to which the Certificate applies has been inspected, authorized, and declared to be complete in accordance with the Certificate of Substantial Completion (Exhibit "B"); together with the Contractor's Certificate and Release (Exhibit "C"), the Contractor's Certificate of Warranty (Exhibit "D"), Contractor's Certificate of Debts Paid (Exhibit "E"), Engineers Certificate of Completion ( Exhibit "F") and Contractors Certificate of Guarantee(Exhibit"G"); and, WHEREAS, City staff has determined that the work has been completed in accordance with the contract documents and recommends acceptance of the project and release of retainage; and WHEREAS,the City Council finds that it is in the best interest of the City of Port Arthur to approve Change Order No. 1, accept the completed project, authorize final payment, and release retainage. P.R.No. 25002 06/08/26 gd 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 Manager is hereby authorized to execute Change Order No. 1, attached hereto as Exhibit "A," extending the contract time by one hundred thirty-five (135) calendar days with no increase in the contract amount. Section 3. That the City Council hereby authorized the City Manager to accept the Certificate of Substantial Completion dated April 3, 2026 (Exhibit "B"), together with the Contractor's Certificate and Release (Exhibit "C"), the Contractor's Certificate of Warranty (Exhibit "D"), Contractor's Certificate of Debts Paid (Exhibit "E"), Engineers Certificate of Completion(Exhibit"F") and Contractors Certificate of Guarantee(Exhibit"G"). Section 4. The City Council hereby authorizes final payment and release of retainage in the amount of $23,203.61 to Preferred Facilities Group, as reflected in Exhibit "H." Funds are available in Retainage Account No. 450-00-000-2050-00-00-000. Section 5. That the City Manager is further authorized to execute the Certificate of Acceptance (Exhibit "I") on behalf of the City of Port Arthur for the completion of the Photo Op on Pleasure Island in Lakefront Park. Section 6. 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., 2026, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) Councilmembers: • • NOES: CITY OF PORT ATHUR: Charlotte M. Moses, Mayor P. R.No. 25002 06/08/26 gd ATTEST: APPROVED AS TO FORM: Christe Whitley, Roxann Pais Cotroneo, City Secretary City Attorney APPROVED D INISTRATION: 7.0 Ronald Burt , Georg Davi ,MA, CPM City M ger Director of Pleasure Island APPROV AS TOT ILABIL Y OF FUNDS: to U2 tkak Lyn (Lyn)Bos ell,MA,ICMA-C Clifto E. Williams,Jr., Dire tor of Fina ce Purchasing Manager P.R.No.25002 06/08/26 gd EXHIBIT "A" (Change Order No. 1) CHANGE ORDER NO. I ORIGINAL AGREEMENT DATE: 5/9/?5 PROJECT DESCRIPTION; Construction of Photo 0 on Pleasure Island in_14(efrontnrk ORIGINAL CONTRACT DAYS;_150 NEW CONTRACT lAYS; 285 SIGNED AND AGREED TO on the 9th day of June,.2026, PREFERRED FACILITIES GROUP By; Print Name; MiehaelWaidley_ - Title; Operations Manager SIGNED AND AGREED TO pn the 9th day of June,2026, CITY OF PORT ARTHUR By; Ronald Burton, City Manager -- _ _ I RSIA ! RS INDUSTRIAL.ARTS HANDCRAFTED CUSTOM FABRICATION 7833 Pinemont Drive Houston,Texas 77040 (346)446-6120 www.rsindustrialarts.com January 27,2026 Mr.George Davis,MA,CPM Director of Pleasure Island City of Port Arthur/Pleasure Island 520 Pleasure Pier Blvd. Port Arthur,TX 77640 Dear Mr.Davis, I am writing to provide an update regarding the anticipated completion of the Pleasure Island project. While the project scope,materials,and production plan were fully prepared,we experienced several unexpected delays in our production backlog immediately prior to the project's scheduled release into fabrication.These issues affected overall sequencing and temporarily prevented the project from moving forward as originally planned. Once the project was released,our team moved forward diligently;however,the earlier backlog constraints ultimately impacted the original completion timeline.We take full responsibility for this delay and recognize the importance of clear communication and dependable scheduling. Please be assured that the project remains a priority for our team.We have adjusted our production schedule accordingly and are actively working to complete the remaining work—including overtime at our cost—as efficiently as possible while maintaining our quality standards. We appreciate your patience and understanding and value the opportunity to deliver this project for the City of Port Arthur and Pleasure Island.Should you have any questions or wish to discuss the updated timeline in more detail,I would be happy to do so at your convenience. Sincerely, } Dave Stone President C 713.702.5087 D 346.446.6118 dstone@rsindustrialarts.com PAGE 1 OF 1 P.R.No.25002 06/08/26 gd EXHIBIT "B" (Certificate of Substantial Completion) CERT]P1ICATE OP SUBSTANTIAL COMPLETION Mucilage Order No,1 26A91_ Project Name: Pleasure Island Photo Op_ Contractor;_Preferred Facilities Group USA Description of Work.;_Construction of New Monument Ste at Pleasure Island. The work_performed under this contract has been reviewed and found to be substantially complete,The date of substantial completion is hereby established as_4143,2026 KNOW ALL MEN By TREK 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,) Al!pay items are complete and all necessary testing as required by the Laws and Regulations and/or Contract DegunteritS 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 daysfrom the above date of substantial completion,The responsibilities shall be as set out in the Contract Documents or on the attached !WM,If pot specified in and an attachment or in the Contract DOPIMIPTIN the CONTRACTOR is responsible for maintenance,utilities and insurance, Michael Waidlev mommiabir 06/08/2026 eONTRACTORNA14 SrdNATURE DATE RECOMMENDED FOR ACCEPTANCE EN MEER 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 SIGNATURE DATE ---- CtorStekAl S 6/qA.,c0 PLEASURE ISLAND DIRECTOR S116.ATC1 __ DATE P. R.No.25002 06/08/26 gd EXHIBIT "C" (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM Preferred ViioH iths thump—USA (Nam of Coitragig0 TOL City of Port Arthur (On ) RE.FERENCE CONTRACT NO,L 2-5.291 CONTRACT ENTERED INTO T.HE 7th DAY OF -July,2025 BETWEEN THE CITY OlY PORT ARTHUR AND Preferred Facilities Group USA_ OF Port Arthur,Texas FOR THE PROJECT Pleasure Island Photo Op ICNOW ALL MEN BY THESE PRESENTS; I,) The undersigned hereby certifies that is dye from,and payable by,the Owner to the Contractor under the gamma and duly approve Change Orders and modification the balance of 23,203.61 _ . 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 he claims are just and due and owing by the Owner to the Contractor; — c. N/A N/A claims And ARNIM dhie, 3) The undersigned further certifies that all work required under this contract,including work required under Change 01'60)numbered 1 has been performed in accordance with the terms thereof,and that there me 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 I hereof,he will release the()Wrier 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 WHEREOZ the undersigned has signed and sealed this iii trume tt thi !�i.._ day of 2026, Preferred Facilities Group-USA :{a'Z+'r4 ) , , (CPn.Li'rac/ol) `— r u By; e Michael Waidley=-Operations Manager _ _ } (Ppitilec/Ngme/T/t/e of Offcci) Lauren Waidley _ being first duly swoi_n 9j2.oath,deposes and says,First,that,he/she is the ('tfaiit) _Assistant Project Manager of_Preferred Facilities Group=USA (Title) - --- --- - - - - -- --- _ -- -' (Nam ofOompgi?}) Second,that he/she has read the foregoing certificate by him/her subscribed as Operations Manager (TWO of_Preferred Facilities Group=USA _ Now of c'oltmpan}) — — — Affia_I1t further states that the matters and things stated herein are true, vitem.) (i )i.A (ii (Afani) Subscribed and sworn to before we this 'h day of �-, g _ 2026, My commission expires ) (— (`-I—a 1 C,P_# LYNIDA CLIFTON TAki' f(11) ' „ 'O� y pu®� NO f � a. , '•.__Notary Public,State of Texas �"�� `` Comm,Expires 11-17-2027 Virp°i, Notary ID 11789700 2 P.R.No. 25002 06/08/26 gd EXHIBIT "D" (Contractor's Certificate of Warranty) _ _ -- — �_� CONTRACTOR'S CERTIFICATE OF'WARRANTY FROM:Jreforred raollitimClraup 'USA (Nam coninio0 TOLCity of Port Arthur Ayno REFERENCE CONTRACT NO,: CONTRACT ENTERED INTO THE_yth DAY OF July2025 _ BETWEEN THE CITY OF PORT ART1111JR AND _Preferred Facilities Group—USA OF Port Arthur,Texas _ FOR THE PROTECT Pleasure Island Photo Op KNOW ALL MEN BY THESE PRESENTS: j,) Preferred Facilities Group -USA dogs hereby guarantee all of the work done under the (Nam cy'Contragtg) 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 reexecution, 2,) This guarantee shall cover a period of one(1)year from the date of acceptance of all work under MIS contract by Owner,as evidenced by the Contractor's Certificate of Completion, 5,)• This Certificate is given in connection with the final payment under the contract between the Owner and Preferred Facilities Group USA ,and with the knowledge that it will be relied upon in of Making such payment and that such payment would not be made except upon the truth of the matter contained in this affidavit, 1 IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 6PWI day of _ . 2026, Preferred Facilities Group,,-USA WALY (Cp110C1Ci01) (Signaturg) Michael Waidley—Operations Manager -(Prin(.edNanmaific ef Officer) J.-Warranty -Lauren Waid being first duly sW0111 Oil oath,&PPM and kaki,Fiat,that,heiaba J the 7/11fiant) Assistant Neat MfAna FadiitiesGi'oupUSA (Title) (Name af-Company) Second,that be/she has read the tbregcing certificate by him/her subscribed as Operations MaRager_______ (Title) of Preferred r , (Name plCompany) Affiant further states that the matters and thing stated herein are true, • J (A 1./11 14 4 ta Subscribed and sworn to be me this 61-111 day of -itA_Jr-IP ,2026, my commission eNpiyes 14'7- an -- - fit,r) LYNIDA CL1FTON NOTARY tX,V5iNotary Publfe,State of Texas Comm.Expires 11-17-2027 Notary ID 11799700' f 2-Warnnty P.R.No.25002 06/08/26 gd EXHIBIT "E" (Contractor's Certificate of Debts Paid) CONTRACTOR'S CERTIFICATE OF DEBTS PA! PI OJ1CT: _,_,Plearin'o lslnild Photj t p MAuiirrirti.'Sl -- LOCATIO.N: Port Arthi< rq Texas OWNER: City of Port Arthur STATE OF TEXAS; COUNTY OF JEFFl RSON; I. The undersigned Hereby certifies that,except as listed below, payment has been made in full and all obligations hay otherwise been satisfied for nil materials and equip anent famished for all woilc,labor, and seryicos preformed and for all blown indebtedness and claims against the Contractor for damages arising in any manner in connection with the porformance of the Contract referenced above for which the Owner's property might in a way be Meld responsible or encumbered, Exceptions: Retainage= $23,203.61 Contractor; Preferred Facilities Group-USA ,Texas Signature: :Printed Nam Michael Waidley pate: 010,c JW7.tO -- _ , . Subscribed and sworn to boforo me this *‘-) day of 1..34.c 6-1-P ,2026 My commission expires; i 1 t`"t — 9 — Q .�`°Y'P'/�r, lYt4(DA CLIFTON, --dB l�-v—�,(�� �`_,�.�.ap °�`'�"'`e, . q NOTARY_Y;� ���Notary Public,State of7exas s14 Comm.Expires 11-17 2027 ''; nnt .R Notary(D 11799700, oa .ice __._ ____ __ _.------ — — , P. R.No.25002 06/08/26 gd EXHIBIT "F" (Engineers Certificate of Completion) ENGINEER'S CERTIFICATE OF COMPLETION Project: Photo Op in Lakefront Park Date of Issuance: June 5, 2026 Owner(s): City of Port Arthur Owner's Project Number: 25-291 Engineer: Arceneaux Wilson&Cole 3120 Central Mall Dr. Port Arthur,TX 77642 Contractor: Preferred Facilities Group 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: Arceneaux Wilson&Cole (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 June 5, 2026 DATE OF COMPLETION Executed by Engineer on 06/11/2026 OF j \� • 1 /\ .*i STAMP 0 JOE M.WILSON,JR. Vit. 9206 •', P.R.No.25002 06/08/26 gd EXHIBIT "G" (Contractors Certificate of Guarantee) ,CONTRACTOR'S'S.CERTIFICA`1!1` ( e OLJARANTEE FROM: Preferred- aeililigs Group—USA TO: City of Port Arthur FOR: Pleasure Island Photo Op_Monument Sign_ REFERENCE CONTRACT NO, 25=291 ENTERED INTO THE�7th_ DAY OF July ,2025,BETWEEN THE CITY OF PORT ARTHUR AND Preferred Facilities Group=USA WQNTRACTQR) OF Pont Arthur,Texas i!TY//TATE)FOR; Pleasure Island Photo O Monument Sign i CPRQJEOT) tt � KNOW ALL MEN BY THESE PRESENTS: I, Preferred Facilities Group — USA _ does :hereby guarantee 411 of the work done under the above referenced contract to be flee from faulty materials in every particular,and free improper workmanship,and against injury from proper and usual wear; and agree¢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 THERBOri, the undersiglied ha@ Signed and mealed this histrunient this the 91A-V\ day of____LAKtf,A ,2026, CON!PATIN SLAT Preferred Facilities Group USA (COMPAN Y NAME) • (OWNER,sTONATulzEirrfil) _Michael Waidley—Operations Manager_ (PRINT) SUBSCRIBED AND SWORN to before me this 141 day of 2026. My commission expires - LYNIDA CLIFTON Notery Public,State of Texas 4, t"' Comm,Expires 11-17-2027 .Z)))LlieNt-N‘s flallotary ID 11799704 (NOTARY PIJELIC) NOT 1,M SI k1 ., P.R.No. 25002 06/08/26 gd EXHIBIT "H" (Release of Retainage) ---- Pi }k f k, tT, IA Document -..,,A G7O7TM ,... , , i , Consent Of Surety to Final Payment Bond Ng,: $7A2$U0005592 )+, i ': 7 PROJECT;fr�0111e gild r(rlril�gs,41 ARCHITECT'S PROTECT NNMRER: OWNER', N ,.„ PHOTO OP CONSTRUCTION 1'i ' PROJECT QN PLEASURE ISLAND CONTRACT FOR; Construction ARCHITECT;A l CONTRACTOR: on ` ll SURETY: ►os l!'1' '1 TO OWNER;(None orl addivis,$) CONTRACT SATED! 0/3/2025 ETHER:la 'tit ,; City of Port Arthur ,, j 4-44 4th St, al Port Arthur,TX 77640 ,.,,,, i + in L'ccord;lnsl mid)ilx p!'JYi3Ions llllht <''a!9lra9t b9tsyssn tlsg r>>i'llrr andliig Contragtor cis Indiggigd thous,tl o, I Chimp!m+uld and add,' sr of:Ytrei,i) '4 American Alternative Insurance Corporation •;1 '' 555 College Road East tL, I Princeton,NJ 08543 ,,SURETY,, 9 Y 11,€ l . on bond or ti 4jl " (Ir1,s'm 11Rr11e and addi's' s gl eo inam1 l! Preferred Facilities group=USA [} P,Qr Eon 29658 •'1 Beaumont,TX 77720 ,CONTRACTOR, ± ;t 1'!i. hgrgby approxsa o!`llw final pa?�!ltant to ill6 ctr c1 norr end s§that find!paymcnr 10 ing Conlrastor 3Jasil nnl rgllevn ihs z MINI),any or ubii priona to amyl name end eddr'an of t 'nel) i. x; , city of Port Arthur ; , li; 444 4th St i' ��- 1 Port Arthur,TX 77640 „C�;+OWNER, II'i !, ,• 3n4 ibflb In avid 5urgly''s bond, {1 ' IN WITNESS W.FIRR'r_=:OF4 thu iumy ha3 hsr, unto?;g!Its!mini on 111§duns_ 09 June 2026 {, , t, , i1 amen in wi*/n i e inonth1;,follo ed by i/ie!mmHg/` Elite okt yecciS) }11 ' '11 ri 1 ns ce ✓Pre za► 44, !. j i l American Alternative (tilrNl � N ,, , Z' ,kk , r , t 111 • A, `"`m-^"a...'n 1, It .,“yi,Ri„ ! + , p 0 a �" ,', = : • �' '"M' r- (e l�'/1__._i_!1I 11 1r'%=e�r_J)1'8ae!tE! �j.. 41, "4'•+t..44,,,,, u{i , 1j*ro-;,6 M."wr�.. .'k' z ' ' i'"� w , '�� ow. i f`r s� ,� ,v y., !,1 „ 4.4. .,4-,.4�3lt rap,. E1►!ary Catherine Tlirne!`,AttrA_rl?e yin =aft , '4,. A. s 1 `{ t, 1� .a. •��� _, ,ems )' y �.�� �< (1 tll7reCl Wing�?/r�l!!<lej z, s. ., .ti';+r Mi lii: , r 4L. j t 1k�! 1,i t 1 c } y A D9g:L1m!Q7A71<--i9Pa,c9pyn hl0 Jtr&?god �y TU A.® mmncn loi!!9!e of/+rsh!!g! •Al rights r�3grbgd:fail tlulNG:TGiri A!A.m DboOm A! erar Ea, protadtild by U.S,Copyright 1.4 and lnNeniat!onui 1rralr .lit authra#zrid rdpraduatirn at d!stribnt ,�on al this Al Damn—pant.or4l1/pa11101 a0,4 I * 1 strayresulilnsaVeraahvndnduilintnalpotiontes,,affix!Wilt b5prasucidddtdtllentaittaitrtniaxtnntpalseibliundor'th law, a; i, I ' I ,1, 1 �,"`i 1 ! r,1.Sr 1 m4( '1i•.,! CERTIFIED COPY POWER OF ATTORNEY l ,i e, i KNOW ALL MEN BY TfhESE FREPENTSt That the AM€RIPAN ALT€RNATtVE INSVRANDP PQRPORATIQN,a corporation organized and existing by virtue of the I:f Ili laws of the Stet@ of Delaware rCorporation'')with offices at 665 Policgo Rood bast,Princeton,N,J,56643,has made,constituted and appointed,and by these presents, r does make,constitute and appoint'. ,: Mcghann Catherine Turner;!Vary Cather•ine'!'urner;end Carra*.Turner •I i as true and lnwial Alternsys-In-Facl,at Princeton,In the Slate of New Jersey,each of Morn alone to hove fun power to act without the other or others,let make,execute and i y deliver on Its behalf,as Surely or Om surety,bonds and undertakings given for any and all purposes,also le execute and deliver on its behalf da afore5r!id renewals,extt:ntilons,, , t agreenm onto,waleors,.cenbenlsorstipulation§relating tosuch bonds vrundertnkings provided,however,that no single bond or undertaking tomade,axeautadanddohveredshan, 1 1', obligate sold Company for any portion of the penal sum thereof in exCess of lt)e sum of One Hundred Fifty Million Dollars($150,000,000.00), ,`jueh bonds and undertakings' P 1 ►1�� for said purposes,when duty executed by sold Altemey(s)dn=pact,shall be binding upon said Company no folly and to the Saone aslant`as If signed by rho President of said ± ; } company under its corporate seal ulteoted by lL Secretary, This appointment Es made anger and by authority of a certain Resolution adopted al a meeting of the Board of Directors of said company dolly held 017 the27thl ,l, day of August,1D70,a copy of which appears below, 1 IN WITNESS WKIEREOF,the AMERICAN ALTERNATIVE INSURANCE P.mpt?RATION bee caused its corporate seal to be hereunto affixed,and these presents to be signed ile by its duly authorized officers this 9th day of January,2026, N 41MirrSUq ,., .rat. , 1 ,! ,,e Q `.`,, t .__.__.__-, Attest; `� ww,uMxmam'liA3a,f-____.._ t y oPf_tiAT i” y _ .SEAL ' cathysmith_.-----_---___.__--.- lgnaclo Rivera f �0r, 1.925.4?o President General counsel 8 Secretary ; .I 1't i , STATE OF NEW JERSEY,CQUNTY OF MIDDLESEX 1p,,, The foregoing instrument was ecknowled9ed before me by means of online notarization this 9th day of January,2025,by Cathy Smith and Ignacio Rivera,Olio Mfg personally ?',i of Known to me, u Beth )Cohan=G It Seta caONf�N=CHI — �x,.�.T,--., .,-,•--,... ;°` t' Notary Stomp Commission if:N.09350 i here Notary Public,itntu of New?erscy Peth oharl=cal ii7Notate Public •,• My Co tl ssion Expires February 2,?g?S State of New Jelgey k if ,y MY commission Expires Fehroary 2,2020 ;,Y 1 fi SECRETARY'S(CERTIFICATE ±,, - '!he undersigned; ltlt•erti;hereby eenllieat t. 1; e 't 1, That ilk uudeinignel Is Mummy of Altlerleim Alternative hiaulfntee Cuttldrt11lori,a empdratiuri ol`the Note ofI)4)aumet I'" 2,Thai Mite Urleuiti 1 power drAttuti wy of which the fllreguin is ti stony was duly exeeglud oti bshmffsfsaid Corporation on the day O1'its date,and lzle4 not:since been ' ' revoked;almsnliedUtlituJlf!e'ilituttb..u±itls'rsiP,,its'dIuoemntl tired the finegoingeuly dwreufwithsaidinl Mal pner0!'utturney;and thin the sdnte)ali Maid lanlen!, )' copy of beiti origincelpuwer'•ut`h!wrttcy mid or the whole thereui I' 4' 3,ital.tite Latina/rEaulutlu±it tak!'the'tollowingibngupynasdulyaddptedai,and.r_g rdedinthenitilulesdf,ail:gnherilteriin5tAliis`flool`:.ierl`' Olreeiura ufeuid Corporation duly held on August 4, 113z1,and has not sire a been re'tulied,amended or modified, ±rl ItJ1 OLViM),that gaielt 91'tllg fulig}ying of keel of'tlib Curpuratign,mealy,OsPrtsldrni,the i iecutiyc VOL' c f'rLsf des!;the.igelgr Yigg i'roidents, i f i ,I and the Vice presldems,be,and they hereby are,outllorjred,frmn lime to time in their discretion,tg appoint ouch operrt or wins or st mlCy or ;.I ' attorneys=f a=lhet as deemed by them tam essary or desirable fur the purpose or catryipt on this t grporattun's business,and to empower such agent l 7 or lF gals urettonlc.Y or lttuP_icysrin_fuel to esccutc end deliver,in this C'urporltiuP_'S nar?ieslag tin jay behalf3 told gilder-jib seal or otherwise,surety I '1, bonds,sanely undeumldns or surety contracts lnedg by this Cumorinion AS Surety hereon, itt' RESt)LVliD,that the signature of my authorized°Niger of the Corporation and the Corporation's teal may be affixed by ilsshnlle to my power i! I till! attorney and ruYoelhhli of any power ol'attomcy or eertif icate of either piycn for the execution of any surely bond,surely undcriAlting,ar surely ,, '3 '; "Mimi,sach sibnaiurg and Seth,who so used being hgrgbY adgprgd by tiig Curnorilgn el he engine!Signature rif'bust ofl`iger nod the original d i.,t seal of the Corporation,to be valid anti binding upon the Corporation with the same t'orce and effect as though manually uflised, 1; FURTHER It ' 9L'VEP),)lint any prior appointments by the Corporation yl'MciAs are,in all respects,hereby ratj_/ed,.eoiiliri led and approved: FURTHER RESOLVED,that the Secrete. or 'ccr oft a oral) is d_li r r r '1 n title _ b::.utory__.his _m _.on hereby authorized in oarllly and_e �'6ria ally flagon t l Whom such certlficatiun and delivery may be deemed necessary and desirable in the opinion of such Secretary or Assislimiieeretnry,ALtv5 eOPy of ille iurepoin! 1 'Ili y E^ resolution, ! �' I ,:1 4,The undersigned has euillpur i±the tureg�olnu°uplea ottnitl original resolutions as so recorded,and they ale the come true and currcet copies 0!'eul tt fe•,a,.„ f 1 er.`fglitaltettilobo!taliseoreeurdet.1.endd!`iile'W'holethereof �,," -1 .1r i, ',, ,•t 'yi, 1Vlulsssrlleh aid f!h5�urldsraldueiiu±itillg,tlultilsultlrurfldt'ailuuihi±9ih .tiny ul` ._._. June ., __ 2026. �• ; ,.. . „,;h. ;i,.".w,, l �.,a!\\E Afsti'i,�, 1 lL Rl 1 '`E 15N 1 ' V I r C1p('t 1 ". .,f�4" �I + i e ' '!t i. - �. C' 12L i-F'�l. _r�3�_�?�i� ClC..)l_....)_ fsfj�l..' M'y,. 1 S 4 .vt's....4.p ti''' `" r y .K ',..,,, >C te:� 1 f �.. .wn k #'�`g'QftPgftgTf's .. _ , ,,, , —r S+w lii,a,a k h,, •Q i w i gt�a GE� T lg ll , ti i'i — ,- !» t'�t 1.-.",i„'). ., Irt z�aS t71<AL,•2 !Tv—Rive p r „�y i.., ,T s. , w Jr`/19•R ; Cknei'al e odes I beerealty T R8-111 1'4 ti:r`, :•h ',., u . • to,i:ljfp pjKh,,: ,y 3II f'; 1_. P. R.No.25002 06/08/26 gd EXHIBIT "I" (Certificate of Acceptance) _ _ _ CERTIFICATE OF COMPLETION Date: June 8,2026 Project: The construction of a Photo Op on Pleasure Island in Lakefront Park;Release of Retainage To: All Concerned I HEREBY CERTIFY THAT this project was completed on June 5, 2026 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. Submitted 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 77641-1089 X 409.983.8182 X FAX 409.983.8294 CITY OF PORT ARTHUR, TEXAS PLEASURE ISLAND DEPARTMENT CERTIFICATE OF ACCEPTANCE FOR The construction of a Photo Op on Pleasure Island in Lakefront Park To: Preferred Facilities Group This document is to certify that the City of Port Arthur, Texas accepts the completion of the construction of a Photo Op on Pleasure Island in Lakefront Park,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 Preferred Facilities Group. of Port Arthur, Texas. Ron Burton, CPM City Manager Christe Whitley City Secretary