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HomeMy WebLinkAboutPR 24953 RARIFY THE EMERGENCY REPAIR CONTRACT OF MAIN OUTFALL LIFT STATION City of _ W 4 ort rtltur Texas INTEROFFICE MEMORANDUM Date: August 11,2026 To: The Honorable Mayor and City Council Through: Ronald Burton, C.P.M., City Manager From: Calvin Matthews,P.E.,Water Utilities Director RE: PR 24953 —Ratify the emergency repair contract of Main Outfall Lift Station 42"Force Main Introduction: The intent of this Agenda Item is to seek the City Council's approval to ratify the emergency contract by decreasing the contract amount of$245,256.00 to a new contract of$5,404,744.00, accept the completion documents to close out the Main Outfall Lift Station (MOLS) 42" Force Main Replacement Project, and to authorize the City Manager to release the retainage amount of$270,237.20. Background: On March 29, 2022, as per Resolution No. 22-147, City Council approved the contract with Allco, LLC for the rehabilitation and modification of the Main Wastewater Treatment Plant (WWTP),hereto referred to as the Main WWTP Improvement project,necessary to enhance the quality of discharge into the waterways and to comply with the Texas Commission on Environmental Quality(TCEQ) as per discharge permit limits. The Main Outfall Lift Station(MOLS)is the collection point that receives wastewater from the sewer collection system and pumps it to the Main WWTP. The MOLS was connected to the Main WWTP through existing 30" and 36" force mains. The 30" Force Main line failed . completely when the bypass pumps were energized,resulting in TCEQ violations. Also,the 36" force main,upon inspection,was found to be severely deteriorated,to have insufficient capacity, and to be at risk of failure at any time. / City staff determined that,if the severely deteriorated 36"force main failed,the City would have no practical alternative but to divert the full flow of wastewater destined for the Main Wastewater Treatment Plant into Drainage District No. 7 (DD7)to prevent widespread sanitary sewer overflows throughout the City. Such a failure would pose a significant threat to the public health, welfare, and safety of the municipality's residents for 4 to 6 months. In addition, it exposes the City to substantial environmental and regulatory liability. "Remember,we are here to serve the Citizens of Port Arthur" Following a meeting with the TCEQ,the City was advised that if the identified deficiencies were not promptly corrected, the matter could be referred to the Office of the Attorney General for enforcement. To mitigate the risk of additional regulatory action and demonstrate the City's commitment to timely compliance, the City immediately implemented a corrective action plan to address the deficiencies and bring the facility into compliance with applicable regulatory requirements. On February 14, 2024, an emergency memo was issued for an emergency contract to design and construct the MOLS 42" Force Main Replacement Project, with a budget amount of $5,650,000.00 with Allco,LLC. Since it is tied into the Main WWTP Improvement project and the 42" Force Main replacement would require project design modifications, the emergency contract was considered to be issued out as a change order within that project. On February 27, 2024, Resolution No. 24-094 approved the potential future Change Order No. 4 to the Main WWTP Improvement project for the MOLS 42"Force Main Replacement. However, after review, it was deemed that the construction of the 42"Force Main Replacement at MOLS was outside of the scope of work delineated in the Main WWTP Improvement project and does not fit the parameters of a Change Order; rather, it is considered a new separate contract. Furthermore, due to the health and safety risk associated with a failure of the force main and potential fines, it met the requirements of Sec. 252.022. (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents. Therefore,the City could proceed with the issuance of an emergency contract and issued the Emergency Contract for the MOLS 42"Force Main Replacement. On March 26, 2024, Resolution No. 24- 139 rescinded the change order Resolution No. 24-049. The MOLS 42" Force Main Replacement Project was completed under the budget by $245,256.20 to a new contract total of $5,404,744.00. Allco, LLC. Submitted the closeout documents, and Arceneaux Wilson & Cole, LLC (AWC), along with City Staff, confirmed the project has been completed. All the required documents for the project completion are attached. To keep the City Council fully informed of the project's status and the City's ongoing regulatory compliance efforts, the Water Utilities Department provided progress update presentations at regularly scheduled City Council meetings on August 20, 2024, September 3, 2024, and July 1, 2025. These presentations detailed the status of corrective actions, project milestones, and the City's ongoing efforts to address identified deficiencies and maintain compliance with applicable regulatory requirements. Budget Impact: The original approximate contract total amount was $5,650,000.00 in the Capital Improvement Account. Final reconciliation of quantities will reduce the contract amount by $245,256.20, resulting in a new total contract amount of$5,404,744.00.Funds for the retainage invoice are available in Retainage Account No. 405-00-000-2050-00-00-000. Recommendation: It is recommended that the City Council adopt Proposed Resolution No. 24953, authorizing the City Manager to accept the project completion and authorize the release of the retainage of $270,237.20. "Remember,we are here to serve the Citizens of Port Arthur" PR No.24953 7/21/26 cm-tnr Page 1 of 5 RESOLUTION NO. A RESOLUTION RATIFYING THE EMERGENCY CONTRACT WITH ALLCO, LLC. OF BEAUMONT, TEXAS, FOR THE MAIN OUTFALL LIFT STATION 42- INCH FORCE MAIN REPLACEMENT PROJECT; APPROVING A DECREASE IN THE CONTRACT AMOUNT OF $245,256.00, FROM $5,650,000.00 TO A FINAL CONTRACT AMOUNT OF $5,404,744.00; ACCEPTING THE PROJECT COMPLETION DOCUMENTS AND AUTHORIZE THE RELEASE OF RETAINAGE IN THE TOTAL AMOUNT OF $270,237.20; FUNDING IS AVAILABLE IN RETAINAGE ACCOUNT NO.405-00-000-2050-00-00-000. WHEREAS, on March 29, 2022, the City Council approved Resolution No. 22-147 authorizing the City Manager to execute a contract with Allco, LLC, of Beaumont, Texas, for the rehabilitation and modification of the City's Main Wastewater Treatment Plant ("Main WWTP Improvements Project") to improve wastewater treatment operations and ensure compliance with the discharge requirements of the Texas Commission on Environmental Quality("TCEQ"); and WHEREAS, the Main Outfall Lift Station ("MOLS") serves as the City's primary wastewater pumping facility, conveying wastewater collected from the City's sanitary sewer system to the Main Wastewater Treatment Plant through existing 30-inch and 36-inch force mains; and WHEREAS, during construction activities associated with the Main WWTP Improvements Project, the existing 30-inch force main failed when the bypass pumping system was energized, resulting in sanitary sewer overflows and violations of TCEQ regulatory requirements; and WHEREAS, city staff determined that, if the severely deteriorated 36" force main failed, the City would have no practical alternative but to divert the full flow of wastewater destined for the Main Wastewater Treatment Plant into Drainage District No. 7 (DD7) to prevent widespread sanitary sewer overflows throughout the City; and WHEREAS, subsequent engineering evaluations determined that the existing 36-inch force main was severely deteriorated, lacked sufficient hydraulic capacity, and was at imminent risk of failure, thereby creating an immediate threat to public health, safety, environmental compliance, and the continued operation of the City's wastewater collection and treatment system; and WHEREAS, following a meeting with the TCEQ, the City was advised that if the identified deficiencies were not promptly corrected, the matter could be referred to the Office of the Attorney General for enforcement. To mitigate the risk of additional regulatory action and { demonstrate the City's commitment to timely compliance, the City immediately implemented a PR No. 24953 7/21/26 cm-tnr Page 2 of 5 corrective action plan to address the deficiencies and bring the facility into compliance with applicable regulatory requirements; and WHEREAS, in response to these emergency conditions, the City issued an Emergency Memorandum dated February 14,2024,recommending the emergency procurement for the design and construction of a replacement 42-inch force main by Allco, LLC, with an estimated project cost of$5,650,000.00, attached hereto as Exhibit"A"; and WHEREAS,because the emergency work was initially believed to be directly associated with the Main WWTP Improvements Project, the City Council approved Resolution No. 24-094 on February 27, 2024, authorizing the future issuance of Change Order No. 4 for the replacement of the 42-inch force main; and WHEREAS, following further engineering, legal, and procurement review, it was determined that the replacement of the 42-inch force main constituted a separate public works project that exceeded the scope of the original Main WWTP Improvements contract and therefore required a separate procurement; and WHEREAS, on March 26, 2024, the City Council approved Resolution No. 24-139 rescinding Resolution No.24-094 and authorizing the emergency procurement pursuant to Section 252.022(a)(2) of the Texas Local Government Code, which exempts from competitive procurement a procurement necessary to preserve or protect the public health or safety of the municipality's residents, attached hereto as Exhibit"B"; and WHEREAS,the emergency replacement of the MOLS 42-inch force main was necessary to restore reliable wastewater transmission, prevent additional sanitary sewer overflows, protect public health and the environment, and maintain compliance with TCEQ regulatory requirements; and WHEREAS,the MOLS 42-inch Force Main Replacement Project has been completed for a final contract amount of $5,404,744.00, representing a reduction of $245,256.00 from the original emergency contract amount of$5,650,000.00; and WHEREAS,Allco,LLC has submitted all required project closeout documents,including the Engineer's Certificate of Completion, Contractor's Affidavit, Contractor's Certificate of Warranty and Guarantee, and Contractor's Certificate and Release. Arceneaux Wilson & Cole, LLC, together with City staff,has verified that the project was completed in accordance with the contract documents and City standards, attached hereto as Exhibits"C-F"; and WHEREAS, all contractual obligations have been satisfied, the final contract quantities have been reconciled, and the release of retainage to Allco,LLC,in the amount of$270,237.20,is recommended, with funding available in Retainage Account No. 405-00-000-2050-00-00-000. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: PR No.24953 7/21/26 cm-tnr Page 3 of 5 SECTION 1.The recitals and findings contained in this Resolution are hereby found to be true and correct and are incorporated herein for all purposes. SECTION 2.The City Council hereby ratifies the emergency contract for the Main Outfall Lift Station 42-inch Force Main Replacement Project and approves the final reconciliation of quantities,resulting in a decrease of$245,256.00 from the original emergency contract amount of $5,650,000.00 to a final contract amount of$5,404,744.00. SECTION 3. The City Council hereby accepts the completion of the Main Outfall Lift Station 42-inch Force Main Replacement Project and approves the project closeout documents, including the Engineer's Certificate of Completion,Contractor's Affidavit, Contractor's Certificate of Warranty, and Contractor's Certificate and Release, attached hereto as Exhibits "C-F". SECTION 4. The City Manager is hereby authorized to execute the Certificate of Acceptance on behalf of the City of Port Arthur for the completed project attached hereto as Exhibit"G". SECTION 5. The City Manager is hereby authorized to release retainage and issue payment to Allco,LLC,of Beaumont,Texas,in the amount of$270,237.20,with funding available in Retainage Account No. 405-00-000-2050-00-00-000 attached hereto as Exhibit"H". SECTION 6. The City Secretary shall cause the caption of this Resolution to be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED THIS day of , 2026 at a Regular Meeting 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,City Secretary PR No. 24953 5/13/26 cm Page 4 of 4 APPROVED AS TO FORM: c Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINIST TION: Ronald Burton, City Manager r // _ Suhail Kanwar, P.E. Director of Public Services 'kf Calvin Matthews, P.E. 'Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: 1 , ca, ( ,__,..// f, da ynda)Boswell, CGFO Finance Director (l l A/L Cliftori E. Williams Jr. CPPB`- Purchasing Manager EXHIBIT A (Emergency Memo) , C.iry of ' 1 ort rtFtu^r'�� Torus INTEROFFICE MEMORANDUM Date: February 14,2024 To: Ronald Burton, City Manager F bi From: Calvin Matthews,P.E.,Water Utilities Director RE: Emergency Contract for Design and Construction of Replacement Force Main at Main Outfall Lift Station The Main Outfall Lift Station(MOLS) is connected to the Main WWTP through an existing 30" and a 36"force main. The current upgrades to the Main WWTP and MOLS required the MOLS to be bypassed using the 30"force main to allow the 36"line to be removed from servioe during upgrades. The 30" line failed when the bypass pumps were energized and upon inspection was found to have deteriorated beyond use. The failure of the 30" line leaves the MOLS dependent upon the single 36" force main which does not have enough capacity to handle the permitted peak flow of the Main WWTP and the line is 50 years old and beyond its expected useful life. If the 36" line were to fail the full flow of sewage to the Main WWTP would have to be discharged into the DD7 canal to prevent overflows throughout the City especially in the area around Duff Drive between Lakeside Drive and Lewis Drive. This situation would continue until a replacement line could be procured and installed which could take 4 to 6 months. Due to the health and safety risk associated with a failure of the main in addition to potential fines, we request approval to issue a change order to ALLCO, LLC under the Main WWTP Improvements contract for the engineering and construction of a 42"parallel force main with associated connections. The expenditure for the engineering and pipe replacement is expected to be approximately $5,650,000.00. I Ronald Burton,hereby approve the emergency change order to ALLCO,LLC. MtnI` io gRit AA Ron B on C' • anager "Remember, we are here to serve the Citizens of Port Arthur" EXHIBIT B (Resolution No. 24-139) City of ort rthu� Texas Date: March 12, 2024 To: City Council, City Manager, City Attorney From: Toria N I otibi, Esq, Internal Contracts Specialist RE: Recission of the Emergency Change Order On February 19, 2024, the Legal Depai tinent received PR No.23642, seeking to notify the Council of the intent to proceed with a possible change Order No. 4 with ALLCO for the Main Wastewater Treatment Plant Improvement Project. The"possible potential Change Order No. 4"will increase the current contract amount by approximately$5,650,000.00 to replace the failed 30' force main from the Main Outfall Lift Station to the Main WWTP Headworks with a new 42' ductile iron pipe. An Emergency Memo dated February 14, 2024, was attached to the proposed change order. The Main Outfall Lift Station(MOLS)was connected to the Main WWTP by a 59-year- old 30"concrete pressure pipe and a 50-year-old 36"ductile iron pipe.When the bypass pumping system was connected to the 30" pipe to allow work at the MOLS as a part of the existing ALLCO construction contract the 30"pipe failed and sewage was discharged into the ditch along Proctor Extension Street. The failure of the 30' line leaves the MOLS dependent upon the single 36' force main which does not have enough capacity to handle the permitted peak flow of the Main WWTP. The current Scope of Work used for the 42"Force Main Replacement at MOLS is outside of the scope of work delineated in Res. 22-147. The current scope of work includes the design and construction of approximately 4,081 linear feet of 42" force main from the City of Port Arthur's Main Outfall Lift Station to the Main Wastewater Treatment Plant along Procter Street without interrupting the plant operation. The project shall also include connections to existing underground header piping at the Main Outfall Lift Station, a new above-ground headworks structure at the Main Wastewater Plant, and the existing 30"force main abandonment. Since the proposed construction 42"Force Main Replacement at MOLS as stated above is outside of the scope of work delineated in Res. 22-147 it does not fit the parameters of a Change order,rather is considered a new contract. Generally,as a new construction contract,the City would need to follow the procurement process outlined in the Texas Local Government Code Sec.252.021. However,due to the health a safety risk associated with a failure of the main and potential fines, it meets the requirements of Sec. 252.022. (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents.Therefore,the City can proceed with the issuance of an Emergency contract to circumvent overflow throughout the City,specifically in the areas surrounding Duff Drive between Lakeside Drive and Lewis Drive. "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.23678 03/13/24 TNR RESOLUTION NO p4/3 A RESOLUTION RESCINDING RESOLUTION 24-094, IN ITS ENTIRETY AS IT PERTAINS TO THE POTENTIAL FUTURE CHANGE ORDER NO. 4 TO THE MAIN WASTEWATER TREATMENT PLANT IMPROVEMENT FOR THE APPROXIMATE FUNDING AMOUNT OF $5,650,000.00 AND AUTHORIZE REALLOCATION OF SAID FUNDS TO AN EMERGENCY CONTRACT WITH ALLCO,INC. WHEREAS, the City Council approved Resolution No. 22-147 awarding the Main Wastewater Plant Improvement Project to Allco,LLC of Beaumont,Texas for the total amount of $73,643,227.00.The construction phase is managed by Freese and Nichols, Inc.;and, WHEREAS, On February 27, 2024, the City Council approved Resolution No. 24-094 authorizing Change Order No.4 as delineated in the Emergency Memo Dated February 14,2024, for an approximate cost of$5,650,000.00 to replace the failed 30" force main from the Main Outfall Lift Station to the Main WWTP Headworks with a new 42"ductile iron pipe; and, WHEREAS, the proposed construction of the 42" Force Main Replacement at the Main Outfall Lift Station is outside of the scope of work delineated in Res.22-147 and it does not fit the parameters of a Change order, rather is considered a new contract; and, WHEREAS, City staff recommends rescinding the Emergency Memo Dated February 14, 2024 (see Attachment "A") and reallocating the $5,650,000.00 in funding accordance with the Texas Local Gov Code Sec.252.022 (2)a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and, WHEREAS, a proposed resolution will be submitted to the City Council awarding an Emergency contract to Allco, Inc. Under Sec 252.022(2) of the Texas Local Gov Code; and, WHEREAS, the City Council finds that rescinding Resolution No. 24-094 is in the best interest of the citizens of Port Arthur. APPROVED AS TO FORM: *44#"4-14CM Black,City Attorney APPROVED FOR ADMINISTRATION: 1100 tatk% Ron BurtonTIA7Cger EXHIBIT C (Engineer's Certificate of Completion) ENGINEER'S CERTIFICATE OF COMPLETION 1 Project MAIN OUTFALL LIFT STATION FORCE MAIN REPLACEMENT Date of Issuance:JANUARY 19,2026 ; f Owner(s):CITY OF PORT ARTHUR i Owner's Project No.:ALL-040 € ] Engineer: ARCENEAUX WILSON&COLE LLC iE 'k Contractor: ALLCO 11 r This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: 1 1 TO CITY OF PORT ARTHUR € [OWNER] AND TO ALLCO [CONTRACTOR] i l 1 1 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 i 1, DECEMBER 31,2025 DATE OF COMPLETION E 0Frk\®% .4P ••� ••• ,;ol1 Executed by Engineer on January 19 ,2026 s*y• �\ •*1• 1 ` *A 0 BRIAN K.ZOTZKY 0 ®ll0•, 124808 14,1 BY: 7 Wallkill& % %.®,0\\aa®"" ARCENEAUX WILSO "OLE LLC [SEAL] 1/1 / � . EXHIBIT D � | (Contractor's Affidavit) i > � / � , Contractor's Affidavit PROJECT: Main Ouffall Lift Station Force Main Replacement LOCATION: Port Arthur, Texas ii OWNER: City of Port Arthur f State of Texas ' County of Jefferson } 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 priorApplications for Payment. EXCEPTIONS: t Signature i n Print , ems/ 1R t-L F Date l j o?d a Sworn to and subscribed before me,a Y ^7 i Notary public, this lt.5t day of fit , U2--�gymm 6 n. ' ? y„yxPt, MARY BETH DELORD ! • t 0i`= Notary Public,State of Texas t ' / t g11I y Comm.Expires 04-12-2027 i . t F°F,EQ Notary ID#287955-8 L /1 0 id— t 2 Not ry Public i My commission expires: 4-P--o at it = >. — - - - - EXHIBIT E (Contractor's Certificate of Warranty- Guarantee) r. _. -- Jr CONTRACTOR'S CERTIFICATE OF GUARANTEE IF 1�. FROM: CITY OF PORT ARTHUR TO:ALLCO FOR:MAIN OUTFALL LIFT STATION FORCE MAIN REPLACEMENT REFERENCE CONTRACT NO. ALL-040 ENTERED INTO THE 1ST DAY OF 3� APRIL 2024 BETWEEN THE CITY OF PORT ARTHUR k � AND ALLCO OF BEAUMONT.TEXAS FOR: MAIN OUTFALL LIFT STATION FORCE MAIN REPLACEMENT KNOW ALL MEN BY THESE PRESENTS: 1. ALLCO,does hereby guarantee all of the work done under the above referenced contract to be free from faulty materials in every particular, and free from improper workmanship, and against injury ;i 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 j i k caused to other work or materials,due to such required replacement or re-execution. i; 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. 3. This Certificate is given in connection of the fmal payment under the contract between the Owner and ALLCO and with the knowledge that it will be relied upon in making such payment and that such payment would not be made except upon the truth of the matter contained in this affidavit. 61- IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this I m day of Ina/ ,200W . 1/2 { ICO 'it,, ALLCO � ��rA (�C� (Contractor) 4 A � = / _ : 1985 I _ / it TEXAS * 7 /''1,/, llll1�,�```+ it l e ; ;i ` e.L'-�Uur�� I ', ir K ,being first duly sworn on oath,deposes and says,first that c he is the N.)t Ce-'Pres tc Q i f second,that he has read the foregoing certificate by him subscribed as VI carrSIderrt ,i n of auto, LLC. i K Affiant further states that the matters and things stated herein are true. f i , w (Affiant) r Subscribed and sworn to before me this I Sfi day of ` 1 - , , I 20 2(0 . N A I i My commission expires�� t i n (Date) i i `pQY PVe MARY BETH DEtORD 1 • ? z 1 Notary Public,H D of Texas i Ir 61.4_, iiii ? N�� �Q Comm.Expires 04-12-2027 "1! �� 1 `0F�`` Notary 1D#287955-8 ? l (Notary Public) • 2/2 EXHIBIT F (Contractor's Certificate and Release) CONTRACTOR'S CERTIFICATE AND RELEASE FROM: ALLCO (Name of Contractor) TO: CITY OF PORT ARTHUR (Owner) REFERENCE CONTRACT NO. ALL-040 ENTERED INTO THE 1ST DAY OF APRIL 2024 ,BETWEEN THE CITY OF PORT ARTHUR AND ALLCO (Name of Contractor) OF BEAUMONT TX (City) (State) FOR THE MAIN OUTFALL LIFT STATION FORCE MAIN REPLACEMENT (Name of 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 approved Change Orders and modifications the balance of $270,237.20 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 , 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. 1 T 4. Except for the amounts stated under Paragraphs 1 and 2 hereof,the undersigned has received from i' the Owner all sums of money payable to the undersigned under, or pursuant to, the above F mentioned contract or any modifications or change thereof. ! ,c 5. That in consideration of the payment of the amount stated in Paragraph 1 hereof, the undersigned 4 ;F 1 does hereby release the Owner and Operator from any and all claims arising under or by virtue of ii ` this contract, except the amount listed in Paragraph 2 hereof due from the Owner; provided, ,� however, that if for any reason the Owner does not pay in full the amount stated in Paragraph 1 1 i 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 it but will release upon payment thereof. The Contractor further certifies that upon the payment of the amount listed in Paragraph 2 hereof, and of any amount which may be deducted from Paragraph 1 1 hereof, he will release the Owner and Operator from any and all claims of any nature whatsoever ,f arising out of said contract or modification thereof, and will execute such further releases or assurances as the Owner and Operator may request. , k I IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this 1;5+ day 0 1 ,2026. r x%‘%tt t mil. v�`�ED iige<<0% ALLCO SEAL<: - (Contractor) 1985 — TEXAS "*PMPAN4..' /Ge-�' BY: �1 T �4D , 'i�� "* `��� ignatureandTitleofOfficer) �''iitiitltl� Kp l,9YitIAALO , being first duly sworn on oath, deposes and says, first, that (Afriant) he is the U i ce-PCeSt CkAd of ['L e.,e, U,C, (Title) (Name of Company) second,that he has read the foregoing certificate by him subscribed as \)102.4)fg-PSId i'0 t (Title) of PLzO, f LG (Name of Company) Affiant further states that the matters and things stated herein are true. (Afilant) 2 Subscribed and sworn to before me this {. day of M Ci f 20b . My commission expires 17/1 2ADZ 7 • �,1 (Date) ;i baLL MAibeY36-a-- RY BETH DELORD AY Pp k 2 o °� Notary Public,State of Texas t (Notary Public) 1 �I1c ,ram�P Comm.Expires 04-12-2027 t I FOFt� Notary ID#287955-8 • t � fi e a 3 EXHIBIT G (City of Port Arthur Certificate of Acceptance) 3 CERTIFICATE OF ACCEPTANCE FOR MAIN OUTFALL LIFT STATION 42-INCH FORCE MAIN REPLACEMENT PROJECT FOR THE CITY OF PORT ARTHUR To: Allco, LLC of Beaumont,Texas This document is to certify that the City of Port Arthur,Texas, accepts the completion of the Main Outfall Lift Station Force Main Replacement Project, based on the Engineer's Certificate of Completion by Arceneaux Wilson & Cole, LLC, Contractor's Affidavit of Bills Paid, the Contractor's Certificate and Release, and Contractor's Certificate of Warranty from Allco, LLC of Beaumont,Texas. Ronald Burton, CPM City Manager ATTEST: Christe Whitley,Ned City Secretary Exhibit "H" (Retainage Invoice) a , , ®® ;, +el 4MM t ARCENEAUX WILSON&COLE engineering I surveying I planning i I April 13,2026 , Calvin Matthews, P.E. i City of Port Arthur ' Director of Water Utilities of { 444 4th Street Port Arthur,Texas 77640 RE: CLOSEOUT DOCUMENTS,RECOMMENDATION for FINAL PAYMENT and f RELEASE of RETAINAGE '' Main Outfall Lift Station Force Main Replacement AWC NO.ALL-040 Dear Mr.Matthews: iiAttached for your records are the project completion documents for the Landfill Water Line Extension project These documents include the Engineer's Certificate of Completion, ,, Contractor's Certificate of Guarantee, Contractor's Certificate of Release, Contractor's Affidavit;and Invoice No. 16(Final). These documents were executed showing a balance due to the Contractor from the City.This balance is the amount due for Invoice No. 16, the retainage withheld from the monthly estimates. As stipulated in the contract documents the retainage for this project is five percent(5%)of the work completed and billed. It is our recommendation that the retainage held by the City be released to the Contractor and final payment made. This will result in a final payment to Alico from the City of Port Arthur in the amount of Two Hundred Seventy Thousand Two Hundred Thirty-Seven Dollars and Twenty Cents ($270,23720). Should you have any questions or require further information please do not hesitate to contact me at 409-724-7888. i if ii Sincerely, ;E ARCENEAUX WILSON&COLE LLC ;I , - -Wibilli iF Keith Zotzky, PE, il Vice President iA s! Attachments Engineer's Certificate of Completion Contractor's Certificate of Guarantee Contractor's Certificate and Release Contractor's Affidavit Pay Invoice No.16(Final) 1 409.724.7888 3120 Central Mall Drive l n Port Arthur,7X77642 Engineering Surveying awceng.com F-16194 10194049 §||m§||!§§§||§ Bk 6113 3§r4 Rk=;aa*ada;R 722r Magna2«JaSa"2" «/ §i\ g §§g (" § °°' °'° !222. %$k i)� -------®-----®- -k 12pigk\% ! : |0a.l2 � \- ) } ` ., .-§K t' ; » _i,);,! ƒ� / _ i w !) , Z § e 2 kkkkkk(kkkkkk kk ` Val ; k\§-a-m-*mam--- ! , §§1. ° \ 8 8 ,2 E; ; k � \ m;mm;m;m;;m;■mm ;° ; t ° ``eekq§#KR#¥#n■ ®k ) k))&§«§§§2§ E#& k� « 2 , , ) 88888888888888 m )\\\k§\\kt)§k§%� j ! E. 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