HomeMy WebLinkAboutPR 14514: THE SHOPPES OF PORT ARTHUR & EL PASO AVENUEPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen Fitrgibbons, City Manager
FROM John A. Comeaux, P.E., Director of Public Works
SUBJECT P.R. #14514 -Acceptance of Shoppes of Port Arthur and EI Paso Avenue
DATE January 7, 2008
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 14514, accepting a
Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
the Shoppes of Port Arthur and EI Paso Avenue.
BACKGROUND:
All proposed roadway, drainage, water, and sanitary sewer improvements for the Shoppes
of Port Arthur and EI Paso Avenue have been constructed according to the approved plans.
In addition, representatives of the Public Works and Utility Operations Departments have
inspected these improvements and found them to be in accordance with City standards.
The public drainage improvements will be part of the City drainage system, but connect to
the TxDOT drainage for FM 365.
BUDGETARY/FISCAL EFFECT:
None.
EMPLOYEE/STAFF. EFFECT:
City staff will assume operation and maintenance of these improvements after the initial
guarantee period.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 14514, accepting a
Engineer's Certificate of Completion, Contractor's Certificate and Release, and Contractor's
Certificate of Guarantee; and issuing Certificates of Acceptance for public infrastructure for
the Shoppes of Port Arthur and EI Paso Avenue.
FflKJohn A. Comeaux, P.E.
Director of Public Works
JAC/reb
Z:\engineer\documents\CAMS\Shoppes of P.A. Accept.doc
P. R. 14514
01/07/08 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FROM U. S. BUILDERS, L. P. FOR
THE SHOPPES OF PORT ARTHUR AND EL PASO AVENUE 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 The Shoppes of Port Arthur and EI Paso
Avenue, an Engineer's Certificate of Completion, dated- November 26, 2007, from
Stanley G. Newsome, Jr., P.E. (attached as Exhibit "A'~, a Contractor's Certificate and
Release, dated October 10, 2007, from U. S. Builders, L. P. (attached as Exhibit "B'~,
and a Contractor's Certificate of Guarantee, dated. October 10, 2007, from U. S.
Builders, L. P. (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 Holdings III, Ltd. for the public
infrastructure improvements associated with The Shoppes of Port Arthur and EI Paso
Avenue, attached and -made a part hereof as Exhibit "D"; and,
P.R. 14514
Page 2
THAT, a copy of -the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of A.D. 2008
at a
Ayes:
meeting of the City of Port Arthur, Texas by the followirig vote:
Mayor:
Councilmembers:
Mayor
Attest:
APPROVED AS TO FORM:
~ `a.'t y~
City Secretary
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
Kelly Eldridge
Director of Utility Operations
City Attorney
~- ~ P ~
~(L'ohn A. Comeaux, P.E.
Director of Public Works
Z: \engineer\Documents\Resolutions\PR14514.doc
EXHIBIT A
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
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November 26, 2007
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Ross Blackketter, P.E.
Re: The Stioppes of Port Arthur
ENGINEERS CERTIFICATE
Gentlemen:
3737 Doctors Drive
Port Arthur, Texas 77642
Phone:409-983-2004,ce11409-718-0612
Fax:409-983-2005
Over the past several months we have observed the construction of the above
referenced project. Relative to the portions of the project in City easements and rights-of-
way, Ihereby certify that the water, sewer, streets and drainage were constructed in
general conformance with the plans and specifications as agreed upon by the City.
The speed bumps are also installed according to the plans.
Certificates of Release and Guarantee have previously been transmitted for your files.
Mazk Whitley and Associates are doing the plat and it should be complete very soon.
Respectfully submitted, -
~,~.~/ ~ 1 .;,
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Sta~Yey G. Newsome, Jr., P.E.
c.
Dale Watson
Mr. Kelly Eldridge
Mr. Bob Ayery
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: U. S. Builder
(Name of Contractor)
TO: The City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. NA ENTERED INTO THE
OAY OF AUTt usT 23, Z4BL ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND iJ,S. C3~,L7ptS ~•P•
_ (Name of Company)
FOR THE
pus /~o~
(CITY)
t=
2
(Name of Operations)
OF
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
u2
1. The undersigned hereby certifies that there is due from and payable by the Local
Public Agency to the Contractor under the contract and duly approved Change
Orders and modifications the balance of ZERO
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 City to the Contractor;
(a)NONE
~xAS
(STATE)
Page 1 of 3
(b)
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
The undersigned further certifies that all work required under this contract including
work required under change orders numbered NA 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 and all Subcontractors were in conformity with the contract
provisions relating to said wage rates.
Except for the amounts stated under paragraphs 1 and 2 hereof, the undersigned
has received from the City of Port Arthur all sums of money payable to the
undersigned under or pursuant to the above mentioned contract or any modification
or change thereof.
That in consideration of the payment of the amount stated in paragraph 1 hereof
the undersigned does hereby release the City of Port Arthur from any and all claims
arising under or by virtue of this contract, except the amount listed in paragraph 2
hereof; provided, however, that if for any reason U. S. Builders 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 City of Port Arthur 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 City of Port Arthur may
request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this ~~, day of G , 20~.
U•S. /~~ ~ tDS25, ~ •f°. (SEAL)
(Contractor)
!S ~ /.P;c.~o
Page 2 of 3
(Signature and Title of Officer)
J ~v~av~c1 ~~kc~
(Affiant)
first that he
being first duly swom on oath, deposes and says,
is the ~ ~li,tt r I ylcirC i ~ ~ ~~~1C~'/of the
Rte)
U,s, 3 ~~ (dc~ C. P
(Name of Company)
second, that(he has readAA the foregoing cert~cate by him subscribed as
Ch~I~ {-"tYtQrt~t4;I 0-~{~,~,,- of the
(Title) ,J -
1,~ 5 1~.t i ~~ K , ~ ~ (Name
of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and swom to before me this ~-day of
20_~
My commission expires ~t ~05'~$ ~,,n*_w~
(Date)
//~ ~. ~ ~~t
~~[~
~~~{jtitllR~ ~ (Notary)
Notary auMic SUte of i exas
Nklaa l Naduin
"~'/ %-~^~uaron Expires
;:~s.s
Page 3 of 3
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: U. S, Builders
(Name of Contractor)
TO: City of Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF 2007 ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND (~.s'/wi~17~/tS, ~. P '
OF ~ d5 ®// u E~CA S
(CITY) (STATE)
FOR THE Water Sewer, and Street (EI Paso)
(Name of Operations)
OF THE Shogpes at Port Arthur
(Name of Project)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
U. S. Builders 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 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, as evidenced by the ACCEPTANCE OF THE
IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR.
3. This Certificate is given in connection of the final payment under the contract
between the City of Port Arthur and NA 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
Page 1 of 2
affidavit.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this IOTi, day of (~GTb r9'i- , 20 07.
F~a,
Title of Officer)
~`- (r_->: y~~ r, ,being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the " ~ . - ~ y~~ ~~ ~ L' ~~c«-, of the
(Title)
~ ~
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
. ~
#- T.~
(Title)
i; ~ /
~; u 1=i r ~.~ '
of the
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and sworn to before me this_~ day of (~tr7 ~ Y
2007
My commission expires j' Q~ U p ~o~!P~'~4 Npfary~ublicStateofTexas
`f McFU L NaQuin
(Date) '~ ~~ T ~~ -~ ^~~^~35~pn cxpire5
t .. .
t_
U / '~ (Notary)
Page 2 of 2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Completion of Streets, Water, Sewer, and Other Public Infrastructure for the
Shoppes of Port Arthur and EI Paso Avenue
IN THE
CITY OF PORT ARTHUR
T0: Port Arthur Holdings III, Ltd.
This is to certify that the City of Port Arthur,.Texas, accepts the completion of the
streets, water lines, sanitary sewer lines, and other public infrastructure for the
Shoppes of Port Arthur and EI Paso Avenue, on the basis of the Engineer's Certificate of
Completion as executed by Stanley G. Newsome, Jr., P.E.; and the Contractor's
Certificate of Guarantee and Contractor's Certificate and Release, both as executed by
J. Roland Fulton of U. S. Builders, L. P.
Stephen Fitrgibbons
City Manager
Attest:
City Secretary