HomeMy WebLinkAboutP.R. NO. 25144 CLOSE-OUT DOCUMENTS AND RELEASE OF RETAINAGE TO PAVECON, LTD. FOR SABINE AVENUE ASPHALT OVERLAY PROJECT. City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: September 4, 2026
To: The Honorable Mayor and City Council Members
Through: Ron Burton, CPM, City Manager
From: Suhail Kanwar, P.E., M.S., CFM, Director of Public Services/City Engineer
RE: PR No. 25144: Authorizing the City Manager to Accept the Close-Out Documents and
Release of Retainage to PaveCon,Ltd.,of Houston,Texas for the Sabine Avenue Asphalt
Overlay Project. Funding available in the Account No. 410-00-000-2050-00-00-000
Project No. ST5115.
Introduction:
The intent of this agenda item is to authorize the City Manager to accept the close-out documents and release
retainage in the amount of$3,858.78 with PaveCon, Ltd., of Houston, Texas, for the Sabine Avenue
Asphalt Overlay project. Funding is available in the Account No. 410-00-000-2050-00-00-000 Project
No. ST5115.
Background:
On March 10, 2025,the City Manager authorized the emergency repair of the 8-inch sewer line and the
cleaning and sewer camera inspection(TV) of the 10-inch sewer line on Sabine Avenue.
The Public Services department assessed the work post installation and cleaning, and determined that
due to the significant amount of damage to the roadway, a contractor was best suited to complete the
street repairs. The City provided PaveCon, Ltd.,previously identified as a qualified contractor through
the BuyBoard Cooperative Purchasing Program, with a bid table, project layout, and the City of Port
Arthur's applicable standards and specifications for the purpose of obtaining a cost proposal for the
Sabine Avenue Asphalt Overlay.
Pursuant to Resolution No. 26-346, approved by City Council, PaveCon, Ltd. submitted a BuyBoard-
compliant proposal in the amount of$77,175.50 for the Sabine Avenue Asphalt Overlay. 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.
"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
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.
Public Works-Engineering has received Close Out Documents from PaveCon, Ltd., of Houston, Texas,
that includes the Certificate of Substantial Completion establishing completion as of August 21, 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, of
Houston,Texas,is asking for release of retainage in the amount of$3,858.78.
Budget Impact:
Funds are available in Account No. 410-00-000-2050-00-00-000 Project No. ST5115.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 25144 authorizing the City
Manager to accept the Close-out documents and release the retainage in the amount of$3,858.78, with
PaveCon,Ltd.,of Houston,Texas,for the Sabine Avenue Asphalt Overlay project. Funding is available
in the Account No. 410-00-000-2050-00-00-00-000 Project No. ST5115.
"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 No. 25144
09/04/2026 RLD
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
CLOSE-OUT DOCUMENTATION SUBMITTED BY PAVECON, LTD., OF
HOUSTON, TEXAS, BUYBOARD COOPERATIVE CONTRACT NO. 800-26,
FOR THE SABINE AVENUE ASPHALT OVERLAY PROJECT AND
AUTHORIZING THE CITY MANAGER TO RELEASE THE RETAINAGE IN
THE AMOUNT OF$3,858.78. FUNDS ARE AVAILABLE IN ACCOUNT NO. 410-
00-000-2050-00-00-000. PROJECT NO. ST5115.
WHEREAS, on March 10, 2025, the City Manager authorized the emergency repair of the 8-
inch sewer line and the cleaning and sewer camera inspection (TV) of the 10-inch sewer line on Sabine
Avenue; and,
WHEREAS, the Public Services department assessed the work post installation and cleaning,
and determined that due to the significant amount of damage to the roadway, a contractor was best
suited to complete the street repairs; and,
WHEREAS, the City provided PaveCon, Ltd., previously identified as a qualified contractor
through the BuyBoard Cooperative Purchasing Program, with a bid table, project layout, and the City of
Port Arthur's applicable standards and specifications for the purpose of obtaining a cost proposal for the
Sabine Avenue Asphalt Overlay; and,
WHEREAS, pursuant to Resolution No. 26-346, the Port Arthur City Council approved
BuyBoard-compliant proposal PaveCon, Ltd. submitted in the amount of $77,175.50 for the Sabine
Avenue Asphalt Overlay; 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,
Fr'."
PR No. 25144
09/04/2026 RLD
Page 2 of 4
WHEREAS, PaveCon, Ltd., of Houston, Texas, has submitted the Certificate of Substantial
Completion dated August 21, 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 $3,858.78, see
(Exhibit G); 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 F); and,
WHEREAS, approval of PR 25144 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 August 21, 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),
the Contractor's Affidavit of Debts Paid (Exhibit E), and the Engineer's Certificate of Completion
(Exhibit F); and,
PR No. 25144
09/04/2026 RLD
Page 3 of 4
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, including project photos (Exhibit H), for the
completion of the Sabine Avenue Asphalt Overlay Project; and,
THAT, the release of retainage be paid to PaveCon, Ltd., of Houston, Texas, for the retainage
account number 410-00-000-2050-00-00-000 in the amount of$3,858.78, Project No. ST5115 (Exhibit
G); and,
THAT, a copy of the Resolution shall be spread upon the Minutes of the City Council Members.
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 No. 25144
09/04/2026 RLD
Page 4 of 4
APPROVED AS TO FORM: APPROVE AAD INISTRATION:
&hi...P.1
Roxann Pais Cotroneo, Esquire Ronald Bu on, C' 101
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
i"n,A '6 t4A"-/ alit LA;
Lyn"BosICMA-CM Clifton Williams, CPPB
Director of Finance Ph Purchasing Manager
Suhail Kanwar, PE, Director of Public Services/City Engineer
EXHIBIT A
CERTIFICATE OF SUBSTANTIAL COMPLETION
Purchase Order No.: 219-g lv
Project Name: SGn‘Kt Ave, 1-4S\ (IA Ou c
Contractor: R...xicczM L 0 Co
Description of Work: t.c.:\
The work performed under this contract has been reviewed and found to be substantially complete.The
date of substantial completion is hereby established as 8/Z 1/LOA., .
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 Contract Documents the CONTRACTOR is responsible for
maintenance, utilities and insurance.
I r s�csv. arc Y1 UL ' < �•.---� 8I Zq I zoZv
CONTRACTOR NAME SIGNATURE DATE
RECOMMENDED FOR ACCEPTANCE
ENGINEER NAME SIGNATURE Di
The City of Port Arthur accepts the work as Substantially Complete. City of Port Arthur,Department of Public
Services.
/ C�� 5 7/ = 3 ) � '�l�' D///7`9�
MANAGER $ G TU
fUf1141L KPl7UwRt �',� /C r '-v 9 f Il2 D 2-6
CITY ENGINEER SIGNATURE DATE
EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: 2:TD C.
(Name of Contractor)
TO: L't 4 (.4 1' i4 14 A\.v.i
(Owner)
REFERENCE CONTRACT NO.: Z(o-3L{tD
CONTRACT ENTERED INTO THE II DAY OF tlk5 BETWEEN THE
CITY OF PORT ARTHUR AND i�At.r't..cl LIP C. 1
OF
FOR THE PROJECT 5e t tifik Cvolay
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 thhon ��nd 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.
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.
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 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 but will release upon payment thereof. The Contractor
further certifies that upon the payment of the amount listed in Paragraph 2 hereof,and of an amount
which may be deducted from Paragraph I hereof,he will release the Owner and Operator from any and
all claims of any nature whatsoever arising out of paid contract modification thereof,and will execute
such further releases or assurances of the Owner and Operator may request.
1
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument this 1,11 day of
RIC ,2026.
Yakcc� L-�v c.,
{SEAL} (Contractor)
.L M
— —
.5,1*ti ANNETTE STEPHENS BY:
_ �� Notary ID#2579980 (Signature)
' �YrF�(14 M
. December i21,2026 Expires \
(Printed Name/Title of Officer)
c\e-Akk ,being first duly sworn on oath,deposes and says, First,that,he/she is the
(Affiant)
Scrntrr i'v y k cMGy/ of 7+„zc,;,+., LT)
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as +w✓ g;,1c c 4tiH jc✓
(Title)
of at",c c L:TD •
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this �F\ day of \ ab ,2026.
My commission expires kivi—`—U,o
(Atudett
°o� ANNETTE STEPHENS
x° `� Notary ID#2579980 NOTARY
\„riii. My Commission Expires
' ''r F December 21,2026
2
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF WARRANTY
FROM: J�,.c;c;.� LIT)
(Name of Contractor)
TO: e L4 QA AY�1.r✓
(Owner)
REFERENCE CONTRACT NO.: its1—'3 I(o
CONTRACT ENTERED INTO THE Il DAY OF use' BETWEEN THE
CITY OF PORT ARTHUR AND /a:.0 G...1
OF .Act
FOR THE PROJECT `x-brine_ A-Le AS\,cS* QverAG'7
KNOW ALL MEN BY THESE PRESENTS:
1.) %��ec�,�LT) 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
,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 3"` ` day of
llJ�l� ,2026.
utccv.LT 1)
{SEAL} (Contractor)
.01r'Ue ANNETTE STEPHENS
* Notary ID#2579980 I (Signature)
rt 4tY4 My Commission Expires I
'rt r December 21,2026
,mow. _. ,r. _—_ — a ._
;4,V • a1L.. �i4x1\ /" Yell 1 +Y:S L. I'Yel,cilt%
(Printed Nam isle of Officer)
1-Warranty
,being first duly sworn on oath,deposes and says, First,that,he/she is the
(Afant)
Sevt ut 1�Yc.�c 1" \C.vY, 5s✓ of g-[t.,y. CO)
(Title) (Name of Company)
Second,that he/she has read the foregoing certificate by him/her subscribed as wtv PYv�e_.:} MIAK15eY
(Title)
of PvcccM LTV' •
(Name of Company)
Affiant further states that the matters and things stated herein are true.
I la
(Affiant)
Subscribed and sworn to before me this ' ` day of kk-Q) ,2026.
My commission expires �'d-` �-{o
afaat fakOMin
' pRY DOe ANNETTE STEPHENS NOTARY
i4 ' Notary ID#2579980
".4��t My Commission Expires
4 ' �* December 21,2026
2-Warranty
EXHIBIT D
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ?te1.o14 LT7.
TO: t 1, oc i?ov}- NuY
FOR: goaLa✓k +o SaVae. Ave,
REFERENCE CONTRACT NO. lb-91(p ENTERED INTO THE I
DAY OF AltiSIC ,20 , BETWEEN THE CITY OF PORT ARTHUR
AND t'GtueCan LW Co (CONTRACTOR)
OF /aOtikskoin ,TC.x(1 s
A (CITY/STATE)
FOR: Saab i ve ve- A,V,0.Nk QvC)/t y(PROJECT)
KNOW ALL MEN BY THESE PRESENTS:
1. gietvyN LTD C._ 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
/1 day of Jep m vv , 2026.
Qv�pvl 11-17) l:v
(COMPANY NAME)
vPo- �AYI�►9CJ�
(O ER,SIGNATUREfIITLE)
(PRINT)
SUBSCRIBED AND SWORN to before me this day of E.R'
20
My commission expires 1-`— d-011P
(DATE)
�av vu ANNETTE STEPHENS ()km
1s°Q�`� Notary ID#2579980
�a�>���. My Commission Expires (NOTARY PUBLIC)
+ 44.of 10' December 21,2026
EXHIBIT E
CONTRACTOR'S AFFIDAVIT OF ALL BILLS PAID
Project: Sabine Ave Ovelray Project
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: 10.411-xeg'�n
Date: &iZ-. /2b2Ess
Sworn to and subscribed to me, a
Notary Public,this day of ,2026.
(ittaU k)611)AMIIc~*0.Y\� ANNETTE STEPHENS
(Notary Public) I :11_ Notary ID#2579980
',, ,� My Commission Expires
1 ^ 4 ''tor December 21,2026
My Commission Expires: Ofyl
EXHIBIT F
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Sc t e. Au? Wevi /
Date of Issuance: A1)112.09
Owner(s): City of Port Arthur
Owner's Project Number: Z(9-3M(9
Engineer:
Contractor: .12ave“,,,p,LID C. .
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: S U-1 A I L J,A NIA1 1%.
(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
Z11 Z02(9
DATE OF COMPLETION
Executed by Engineer on IK.Q.✓bwm-
EXHIBIT G
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EXHIBIT H
CERTIFICATE OF ACCEPTANCE FOR
SABINE AVENUE ASPHALT OVERLAY PROJECT FOR THE CITY OF
PORT ARTHUR
To: PaveCon, Ltd. of Houston, Texas
This document is to certify that the ity of Port Arthur, Texas, accepts the completion of the
Sabine Avenue Asphalt Overlay 'roject,based on the Engineer's Certificate of Completion by
the City Engineer, Contractor': Affidavit of Bills Paid, the Contractor's Certificate and Release,
and Contractor' Certificat- •f Warranty from PaveCon, Ltd. of Houston, Texas.
elP*1
Ronald Burton,
City Manager
ATTEST:
Christe Whitley Ned, TMRC
City Secretary
Sabine Avenue shown
here as stripped.
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Sabine Avenue shown
here as overlayed w/
asphalt.
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