HomeMy WebLinkAboutPR 20428: CLOSE OUT OF CONTRACT FOR GABBY ELDRIDGE AVENUE AND MARTIN FLOOD CIRCLE Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: September 4, 2018
Subject: P. R. No. 20428; Council Meeting of September 11, 2018
ATTACHED IS PROPOSED RESOLUTION NO. 20428, A RESOLUTION
AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE
OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE,
AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM
DOUGHTIE CONSTRUCTION CO., INC. FOR GABBY ELDRIDGE
AVENUE AND MARTIN FLOOD CIRCLE INFRASTRUCTURE
IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO
SIGN THE CERFICATE OF ACCEPTANCE ON BEHALF OF THE CITY
OF PORT ARTHUR,TEXAS.
P.R. NO. 20428
9/4/2018 FB
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S
CERTIFICATE OF COMPLETION,CONTRACTOR'S CERTIFICATE AND
RELEASE, AND CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM DOUGHTIE CONSTRUCTION CO.,INC.FOR GABBY ELDRIDGE
AVENUE AND MARTIN FLOOD CIRCLE INFRASTRUCTURE
IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO SIGN
THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF
PORT ARTHUR,TEXAS.
WHEREAS, the City has received for Gabby Eldridge Avenue and Martin Flood Circle
Infrastructure Improvements, an Engineer's Certificate of Completion,dated April 21,2010,from
Arceneaux Wilson&Cole LLC (attached as Exhibit"A"), a Contractor's Certificate and Release,
dated May 5, 2009, from Doughtie Construction Co., Inc. (attached as Exhibit "B"), and a
Contractor's Certificate of Guarantee dated May 5, 2009 from Doughtie Construction Co., Inc.
(attached as Exhibit "C"), certifying that the public infrastructure improvements have been
completed; and
WHEREAS, representatives from the Public Works Department and Utility Operations
Department have inspected the completed roadway,drainage,water,and sewer improvements;now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute, on behalf of the City of Port
Arthur, a Certificate of Acceptance to Port Arthur Economic Development Corporation for the
public infrastructure improvements associated with Gabby Eldridge Avenue and Martin Flood
Circle, attached and made a part hereof as Exhibit"D"; and,
public infrastructure improvements associated with Gabby Eldridge Avenue and Martin Flood
Circle, attached and made a part hereof as Exhibit "D"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ,ADOPTED AND APPROVED on this day of A.D.,2018,at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: .
Mayor
Councilmembers ,
•
NOES: .
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
1/ C
Floyd Batist , PACEO
APPROVED AS TO FORM:
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
Valecia R.Tizeno) ity Attorney
APPROVED ADMINISTRATION:
Harvey Robinson, Interim City Manager
APPROVED ADMINISTRATION:
Armando Gutierrez,Jr.,Public Works Director
ATTACHMENT "A"
Ce-)006 of )
ENGINEER'S CERTIFICATE OF COMPLETION
Project: Water, Sanitary Sewer, Paving and Drainage Facilities
to Serve the Hwy 73 Business Park
Date Of Issuance: April 21, 2010
Owner(s): PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
Owner's Project No.: EDC-100, Contract No. 1
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Contractor: DOUGHTIE CONSTRUCTION CO., INC.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
[OWNER]
AND TO DOUGHTIE CONSTRUCTION CO., INC.
(CONTRACTOR)
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
April 21,2010
DATE OF COMPLETION ;�atimmov�Q
itik
Executed by Engineer on llla+l ,2010 ._- 4o°,o�®eoo e640 i•
"' JOE M.WIL8ON, JR.
c 92067 • ,)
s iV1
BY:
illa / �Nl�/ONA�S".
`_
ARCENEAU = ATES ►a N ING ENGINEERS, INC. [SEAL]
I/1
ATTACHMENT "B "
CDe- ioo (ioi)
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: _ DOUGHTIE CONSTRUCTION CO., INC.
(Name of Contractor)
TO: PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
(Owner)
REFERENCE CONTRACT NO. EDC-100, CONTRACT NO. 1 ENTERED INTO THE 5t" DAY
OF MAY, 2009, BETWEEN THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
AND DOUGHTIE CONSTRUCTION CO., INC.
(Name of Contractor)
OF HUNTSVILLE, TEXAS
(City) (State)
FOR THE: WATER, SANITARY SEWER, PAVING AND DRAINAGE FACILITIES TO SERVE
THE HWY 73 BUSINESS PARK
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
THIRTY THOUSAND FOUR HUNDRED THIRTY EIGHT and 21/100 DOLLARS $30.438.21
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 1 has been performed in accordance with the terms
thereof, and that there are no unpaid claims for materials, supplies, or equipment and no claims of
laborers or mechanics for unpaid wages arising out of the performance of this contract,and that the
wage rates paid by the Contractor were in conformity with the contract provisions relating to said
wage rates.
4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned has received from
the Owner all sums of money payable to the undersigned under, or pursuant to, the above
mentioned contract or any modifications or change thereof.
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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 and 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 for any reason the Owner does not pay in full the 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 any 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 said contract or modification thereof, and will execute such further releases or
assurances as the Owner and Operator may request.
IN WITNjSS WHEREOF,the undersigned has signed and sealed this instrument this day
of /yLt ,2010.
(CORPORATE SEAL)
DOUGHTIE CONSTRUCTION CO., INC.
(Contractor)
•
BY: las �'Zocu eiar V
(Signa re a d Title of icer
..,dtgA74£ , being first duly sworn on oath, deposes and says, first, that
(Affiant)
he is the Pr`-'5' of DOUGHTIE CONSTRUCTION CO., INC.
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as AP6/dC/d—
(Title)
of DOUGHTIE CONSTRUCTION CO., INC.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
001it aThOolla
(Affiant)
Subscribed and sworn to before me this �� day of Ady ,2010.
My commission expires
(Date)
ffey ,
s KATHY C.STROUD (Notary Pub1' )
s. ' MY COMMISSION EXPIRES 4.
1.-'40/,',"r', October 27,2012
-- -- --
2/2
ATTACHMENT "C "
EJC- 100000
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: DOUGHTIE CONSTRUCTION CO., INC.
(Name of Contractor)
TO: PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
REFERENCE CONTRACT NO. EDC-100, Contract No.1
ENTERED INTO THE 5th DAY OF May, 2009 BETWEEN THE PORT ARTHUR
ECONOMIC DEVELOPMENT CORPORATION AND DOUGHTIE CONSTRUCTION CO., INC.
OF HUNTSVILLE, TEXAS
(City) (State)
FOR THE WATER, SANITARY SEWER, PAVING AND DRAINAGE FACILITIES TO SERVE
THE HWY 73 BUSINESS PARK, EDC-100, CONTRACT NO. 1
LOCATED IN THE CITY OF PORT ARTHUR,TEXAS'
KNOW ALL MEN BY THESE PRESENTS:
1. DOUGHTIE CONSTRUCTION CO., INC. 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 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(except paving)
under this Contract, as evidenced by the Engineer's Certificate of Completion. The paving guarantee shall
cover a period of two (2) years from the date of acceptance as evidenced by the Engineer's Certificate of
Completion.
3. This Certificate is given in connection of the final payment under the contract between the Owner and
DOUGHTIE CONSTRUCTION CO., INC. 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.
4-
IN W TNESS WHEREOF,the undersigned has signed and sealed this instrument this 7 day
of ,2010.
(CORPORATE SEAL) DOUGHTIE CONSTRUCTION CO., INC.
(Contractor) ——
B Y V J ►tti!!� 400(,
(SIG AND TITL 0 OFFICER(
1/2
Pc,c9f))Ii.e ,being first duly sworn on oath,deposes and says,first that
(Affiant) ��//
he is the of DOUGHTIE CONSTRUCTION CO., INC.
(Title) (Name o Company)
de/L-4—
that he has read the foregoing certificate by him subscribed as / -6/de/z
(Title)
of DOUGHTIE CONSTRUCTION CO., INC.
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(110,k, _ aa6(Affiant)
Subscribed and sworn to before me this 1 day of 414/ ,2010.
My commission expires: /14V>P67
(Date)
y�=' {Notary Put* 7 l
'p "-`"�•s KATHY C.STROU D -
ik: £ MY COMMISSION EXPIRES
October 27,2012
2/2
ATTACHMENT "D "
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Streets, Drainage,Water, Sewer, and Other Public Infrastructure
Improvements for Gabby Eldridge Avenue and Martin Flood Circle
IN THE
CITY OF PORT ARTHUR
TO: Port Arthur Economic Development Corporation
This is to certify that the City of Port Arthur, Texas accepts the completion of the streets,
drainage system, water lines, sanitary sewer lines, and other public infrastructure for Gabby
Eldridge Avenue and Martin Flood Circle, on the basis of the Engineer's Certificate of
Completion as executed by Arceneaux Wilson& Cole LLC; and the Contractor's Certificate of
Guarantee and Contractor's Certificate and Release, both as executed by Doughtie Construction
Company, Inc.
Harvey Robinson, Interim City Manager
Attest:
City Secretary