HomeMy WebLinkAboutPR 14774: WILLIAMS & RAO, LP - MEDICAL CENTER BOULEVARDMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations /l /i ,Q~(~
~`G
DATE: June 10, 2008
SUBJECT: Proposed Resolution No. 14774
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed. Resolution No. 14774, which accepts the
Engineer's Certificate of Completion, Contractor's Certificate of Guazantee, and Contractor's
Certificate and Release from- for the completion of public improvements to include Water & Sewer
Facilities to Serve Medical Center Blvd.
BACKGROUND
Williams & Rao, LP developed a tract of land for the construction of commercial development along
Medical Center Blvd. They have already granted the City an easement for the water system utilities.
Their contractor, Jerry Walley Construction, subsequently performed this work in accordance with
City Standazds and the improvements are ready for acceptance by the City.
BUDGET/FISCAL EFFECT
None.
STAFF/EMPLOYEE EFFECT
City staff attended the Final Inspection of these utilities to verify conformance with City Standazds.
SUMMARY
Approval of Proposed Resolution No. 14774 is recommended.
P.R. No. 14774
06/10/08
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF. AN
ENGINEER'S CERTIFICATE OF COMPLETION,
CONTRACTOR'S CERTIFICATE AND RELEASE, AND
CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM
JERRY WALLEY CONSTRUCTION FOR THE
COMPLETION OF PUBLIC IMPROVEMENTS FOR WA1II2
& SEWER FACILITIES TO SERVE MEDICAL CENTER
BLVD., AND AUTHORIZING THE CITY MANAGER TO
SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF
OF THE CITY OF PORT ARTHUR, TEXAS.
WHEREAS, Williams & Rao, LP planned and developed a tract of land for the purpose of
constructing a commercial development; and,
WHEREAS, Williams- & Rao, LP granted a water utilities easement for these public.
improvements; and,
WHEREAS, Williams & Rao, LP contracted with Jerry Walley Construction for
construction of the public water and sanitary sewer systems throughout this development; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated June 9,
2008 from Arceneaux & Gates Consulting Engineers, Inc. certifying that the water and sanitary
sewer systems in the project have been completed according to City Standards, copy attached hereto
and made a part hereof as Exhibit A, together with a Contractor's Certificate and Release (Exhibit
B), and a Contractor's Certificate of Guazantee (Exhibit C) both executed by Jerry Walley, President
of Jerry Walley Construction; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF PORT ARTHUR:
Section 1. That the City Manager of the City of Port Arthur is hereby authorized to
P.R. No. 14774
06/10/08
Page Z
execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit D) for the
completion of the public water and sanitary sewer infrastmcture.
Section 2. 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
2008 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
Debris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
Terri Hanks Mark Sokolow p nJ b Qln ~J
City Secretary City Attorney
APPROVED:
Stephen Fitzgibbons Kelly Eldndge
City Manager Director of Utility Operations
EXHIBIT A
ENGINEER'S CERTIFICATE OF COMPLETION
't
Project: WATER & SANITARY SEWER FACILITIES To SERVE MEDICAL CENTER BLVD.
Date Of Issuance: 6 ~9/D
Owner(s): WILLIAMS & RAO, L.P.
Owner's Project No.: RAO-040, Contract No. 1
Engineer: ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
Contractor: JERRY WALLEY CONSTRUCTION, L.P.
This Engineer's Certificate of Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
TO WILLIAMS & RAO, L.P.
~OWNER~
AND TO JERRY WALLEY CONSTRUCTION, L.P.
iCONTRACTOR~ ,
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
G~d ~a
OATE OF COMPLETION
e~\~'~\\
Executed by Engineer on Jv/I E 9 !~ 200$ ~ ° pSEOF~p~,
1 A ~.~~
p *'
........
~ FJ. AP.CI
o ...................
00 ~o'., 5005?
G CENSE
0I'`~`yr••.... i
BY: at~~E
ARCENEA X GATES CONSULTIN ENGINEERS, INC. SEAL
1/I
EXHIBIT B
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: JERRY WALLEY CONSTRUCTION. L.P.
(Owner)
FOR: CONSTRUCTION of WATER & SANITARY SEWER FACILITIES to Serve MEDICAL CENTER BLVD
REFERENCE CONTRACT NO. RAO-040 . Contract No. 1 ENTERED INTO THE 18Tr'
DAY OF MARCH. 2008 .BETWEEN N'ILLIAMS & RAO. L.P.
AND TERRY WALLEY CONSTRUCTION L.P.
(Nome of Contractor)
OP LUMBERTON- "TEXAS
(City) (Slate)
KNOW ALL MEN BY THESE PRESENTS:
JERRY WALLEY CONSTRUCTION. L. P. does hereby guarantee all of the work done
under the above referenced contract to be free from faulty materials in every particular and Cree
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
imperlcet, and to make good all damage caused to other work or materials. due to such required
replacement or re-execution.
2. "Phis guarantee shall cover a period of one (I) year from the date of acceptance of all work under
this Contract, as evidenced by the Engineer's Certificate of Completion.
This Certificate is given in connection of the final papnent under the contract behveen the Owner
and JERRY WALLEY CONSTRUCTION, L. P. and with the knowledge that ii 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.
IN WITNESS WI-iEREOP, the undersigned has signed and sealed this instrument this (® day
o V ,20~.
[CORPORATE SEAL] JERRY WALLEY' CONSTRUCTION L P
(eonirador)
BY: C~.-~ f~ ~QR~
t
I/?
c'TE~ W /{GLS y ,being first duly swom on oath, deposes and says, first that
he is the PRESIDENT second, [hat he has read the foregoing certificate by him subscribed
as p2~SInE~T of ~~2/Z^~t~ALC.(•'I~GaNSiR~GT-~ G.P•
Affian[ further states that the matters and things staled herein are true.
/~ t~~
C/ IARant)
Subscribed and swom to before me this ~Qo~~-day of ~t /(lei ,
20~.
My commission expires ~,7 '~-! ' nC.U ~ 1
(Date)
;~~""~~;;: ANABELLE D DRAKE
NOTARY WOLIC
\~~, r Stat¢ al Texas
'••,•"'a~...^':' Crnnm. lsp. 03-29-2017
n xQ~. ,
(Notary Pubrrc)
2/2
EXHIBIT C
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: JERRY WALLEY CONSTRUCTION. L.P.
(Name of COniractorl
TO: WILLIAMS & RAO, L.P.
IOvmeQ
REFERENCE CONTRACT NO. RAO-040, Contract No. 1 ENTERED INTO THE 18'"
DAY OF MARCH. 2008 ,BETWEEN WILLiAMS & RAO, L.P
AND JERRY WALLEY CONSTRUCTION L.P.
- (Name of Cantmdor)
OF LUMBERTON. TEXAS
(Clty) (State)
POR THE CONSTRUCT]ON OF WATER & SANITARY SEWER FACILITIES TO SERVE MEDICAL CENTER BLVD.
(Name of Prajen)
KNOW ALL MEN BY THESE PRESENTS:'
The undersigned hereby certifies that there is due from, and payable by, the Owner to the
Convactor under the contract and duly approved Change Orders and modifications the balance of
ON E HUNDRED TW ENTY-THREE THOUSAND ONE HUNDRED EIGHTEEN and N01100 !5'123 ~ ~ 8.001
2. The undersigned further certifies that in addition to the amount set forth in Paragaph 1, there aze
outstanding and unsettled the following items which he claims are just and due and awing by the
Owner to the Contractor.
(a)
ro)
(e)
(d)
(Itemize claims and amounts due)- (If none, so state)
a
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 [here aze 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 convact,
and that [he wage rates paid by the Convactor were in conformity with the convact provisions
relating to said wage rates.
4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the Imdersigned has received from
the Owner all sums of money payable to the undersigned under, or pursuant to, the above
mentioned convact or any modifications or change thereof.
That in consideration of the payment of the amount stated in Paragraph f 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 Convactor 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 wfiich may be deducted from Paragraph 1
hereof, he will release [he Owner and Operator from any and all claims of any nature whatsoever
arising out of said contract or~modification [hereof, and will execute such further releases or
assurances as the Owner and Operator may request.
I/2
IN WITNES EREOF; the undersigned h~a.~signed and sealed this instrument this ~ day
[Sexy JERRY WALLEY CONSTRUCTION, L.P.
(conhador)
BY: y 0 a.Q~~ Presidenf
' (Signal nd Tdkc Otfar)
Jem~ Wallet/ ,being first duly sworn on oath, deposes and says, first, that
(afNa9e)
he is the President of TERRY WALLEY CONSTRUCTION. L.P.
(rNe) (Name of company) -
second, that he has read the foregoing certificate by him subscribed as Presidem
(rNe)
of JERRY A'ALLEY CONSTRUCTION. L P
(Name of Company)
Affiant further states that the matters and things stated herein are true
Subscribed and sworn to before me this ~~ (ti day of _ ,
20~. r~/J //--~~ ~~
My commission expires ~'~"/~ p~V 1
(Date)
`'"~'"'~` ANABELLE 0 DRAKE I
,~s: y +.,
NOTAgy PUBLIC
~~,~t``~ f Staie of Teae9 ota PubGC)
-:`.~'` Comm. Evp. 03-29-2D71 .
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Water & Sewer Facilities to Serve
Medical Center Blvd.
Commercial Development
for Williams & Rao, LP
and Jerry Walley Construction
IN THE
CITY OF PORT ARTHUR
TO: Williams & Rao, LP
Jerry Walley Construction
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the public water
system for the above development on the basis of the Engineer's Certificate of Completion, the
Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed by Jerry
Walley, President of Jerry Walley Construction.
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary